#court ruling

[elfwreck]

The word of the day is "Valancourt"

I need to flail about copyright law, and a DC Circuit Court decision that happened, err, yesterday:

Valancourt Books, LLC v. Merrick Garland, No. 21-5203 (D.C. Cir. 2023)

(You can google it. The Justia link has the full PDF.)

The ultra-short, tl;dr: Publishers don't have to submit 2 copies of their books to the Library of Congress anymore.

More details: Valancourt is an indie book publisher who skipped the "send two copies to the Library of Congress" part of copyright registration, in part because many of their works were public domain reprints, and in part because, well, they're a tiny indie publisher operating on a shoestring budget

I don't know how the LoC happened to notice them (certainly the vast majority of published works are NOT sent to the LoC, even if we leave out the digital works), but they did, and ordered them to send 2 copies of each of their works or face a hefty (for a small publisher) fine.

Valancourt fought back, claiming that, among other problems, the law (17 U.S. Code § 407 - Deposit of copies or phonorecords for Library of Congress) violates the 5th Amendment - it demands property of citizens without compensation.

Two lower courts sided with the gov't, saying that the benefits of copyright are extensive.

The DC Circuit court disagreed (emphasis added):

In urging us to view mandatory deposit as part of a voluntary exchange, the government cites the many benefits that copyright confers upon authors. But authors obtain those benefits upon fixation, and mandatory deposit grants no additional benefits. Tellingly, the government cannot point to a single incremental benefit that copyright owners receive for depositing works pursuant to Section 407. That provision then cannot represent a voluntary exchange for a benefit—there is no benefit at all.

Originally, depositing copies was a requirement of copyright registration - no copies, no copyright protection. Simple. Even had a practical purpose: in cases of infringement, the gov't had a copy of the original work to haul out to compare.

But the Copyright Act of 1976 threw that out - works were copyrighted "upon fixation of a work in a tangible medium," no registration required, not even the little © symbol.

Registration is required to pursue infringement claims. But. "The Act also removed loss of copyright as a sanction for failure to deposit." The 1976 Copyright Act was designed to say EVERYTHING IS COPYRIGHTED NO MATTER WHAT and not require anyone [companies] to do anything to secure those rights.

...It's been nearly 50 years since depositing 2 copies has given any benefit to publishers, but of course, they keep doing it, because the penalty for not doing so is heavy government fines.

Until someone (Valancourt) successfully argued that "requiring property without compensation" is a violation of our 5th amendment rights.

#writeblr #publishing #legalities #court ruling #valancourt #indie publishing #copyfight #copyright law

[reverietruecrime]

New Podcast Episode!

This episode is from my guest appearance on True Crime Cat Lawyer last year. Elyse is a lawyer and it was very interesting hearing the legal aspects of this case. We discussed the case of Michelle Carter and Conrad Roy.

Conrad Roy was 18 and his girlfriend, Michelle Carter, was 17 in 2014. Conrad struggled with his mental health for years, attempting to take his life in the past but he would always find a way to get help before it was too late. He had also been on psychiatric medications. Michelle was extremely manipulative with possible mental health issues of her own. Even though they only lived 30 minutes away from each other, they never spent time together in person. Michelle convinced him over texts, e-mails, and phone calls to take his own life.

#true crime #crimes #true crime podcast #true crime community #spotify #apple podcasts #murders #true crime post #murder #crime #manslaughter #massachusetts #court #court ruling #sentencing #prison

[nymphwinter]

If women are forced to give birth and carry full term, men should be forced to have vasectomies when they turn 18 and can only be reversible if the partner and DR. signs off.

Also viagra should be illegal. Limp dick? It means you shouldn’t be having sex anyways, crusty ass.

America, you disgust me

#abortion #america #pro choice #safe abortion #vasectomies #womens rights #womenempowerment #court ruling

[thoughtlessarse]

A permit to build a gas drilling platform in the North Sea off the coast of the island of Schiermonnikoog has been torn up by judges in The Hague because of the potential damage to nature. The court ruled that it is not clear what the impact of nitrogen compound emissions associated with the rig and gas extraction will mean for vulnerable areas in the neighbourhood. In particular, measures to offset nitrogen emissions are not properly supported, the court said. In addition, the court said, noise generated during the construction process could have an impact on seals and porpoise in the area. The case was brought by several environmental organisations from the Netherlands and Germany. They say the drilling may cause irreversible damage to the Borkumse Stenen, an underwater habitat that has been left largely untouched by fishing. The Dutch government gave the green light to the project in June 2022, despite plans to phase out the use of natural gas because of its impact on the environment. Last year, however, judges ordered the plan to be halted pending a better environmental assessment.

continue reading

#netherlands #court ruling #no gas drilling platform #environment

[bosimanurung]

Newly Unsealed Documents Shed Light on Epstein Case, Involving Testimonies, Clinton Deposition, and Associates

The most recent set of documents related to the deceased sex offender Jeffrey Epstein has been made public. This latest release comprises roughly half the quantity of documents that were disclosed on Wednesday night, January 3, 2024, totaling around 40 documents. The collection consists of hundreds of pages containing testimonies and legal submissions. Continue reading Untitled

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#bill clintion deposition #celebrities #court ruling #document release #epstein case #ghislaine maxwell #jeffrey epstein #justice for survivors #legal news #public interest #sex trafficking

[thearbourist]

A Measured Victory for Free Speech in Canada - Carolyn Burjoski

Canadians are guaranteed the freedom of expression by our Charter of Rights.  The self appointed sacred caste of trans has issues with people critiquing and discussion their vacuous ideology.  The TQ+ community, because it doesn’t have a rational argument to stand on, then must rely on defamation, coercion, and social shaming to freeze out any debate of transgenderism and what its effects are on…

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#Canada #Carolyn Burjoski #Court Ruling #Freedom of Speech #Ontario #Transgender

[jaywinaustin]

If the courts say it's okay to rape a woman who wears lacy underwear, does that mean it's okay to rob a man who wears a silk tie and fancy suit? The Thurber Brigade says, maybe.

http://tinyurl.com/TTB-silktie

#satire #blog post #court ruling

[mental-mona]

#mifepristone #medication abortion #court ruling #oh ffs

[biggest-gaudiest-patronuses]

*peering down at my own genetic sequence* uh-huh uh-huh bold choice bold fucking choices my friend

#and i don't have veto power over any of this? that Cannot be correct information #there must surely exist an Appeal Process or #*me discovering how any of reality's systems function* this can not POSSIBLY be how this system functions #*scribbling furiously filling an entire college ruled notebook DOUBLE-SIDED with a list of design flaws to present to the court*

[freezenet]

Canadian Privacy Law Has Failed: Judge Sides With Facebook, Dismisses Cambridge Analytica Lawsuit

A judge has dismissed the Facebook Cambridge Analytica lawsuit in Canada. Does Canada really have enforceable privacy laws at all? Continue reading Untitled

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#Cambridge Analytica #Canada #court ruling #Facebook #PIPEDA

[vyeoh]

(The Washington Post)

For those who don't know, the US Supreme Court just ruled that states are allowed to enforce trans healthcare for minors. Undoubtedly, this will trigger a wave of other states that either hope to pass or have already passed policies to do the same. This is going to kill children, and harm more in long-lasting ways.

So, how can you help?

FUCKING VOTE. I don't care if you don't like Biden, he's not the only one on the ballot. Vote representatives into your city council who will turn our city into a sanctuary city. Vote for governors and state reps who will, even if they don't pass new protections, oppose bans being pushed through. Chsllenge and kick out conservative incumbents who are banking on their races being obscure enough for people to not vote in.

Anyone telling you voting is useless is either lying to you or grossly uninformed and think saying this is the edgy new take that will make them look hip and informed. Yes, the system is broken. But short of burning the whole thing to the ground (which personally I'm not a fan of as I quite enjoy having like. Roads and the FDA) what we can do is to change it for the better, by starting with the local races and working our way up.

#vio.txt #politics #us politics #lemme tell you when i read this story and my heart sank #the supreme court has set the tone on ruling on trans healthcare #the best thing we can do is ensure those decisions never reach them #this is your reminder that state court justices are an elected position #but god. im deeply worried for the upcoming election #transgender #lgbtq #lgbt #also on another note please vote for biden????? like trump is currently in several trials we cannot give him the power to pardon?????? #also im hoping he'll keep erasing student loans

[violottie]

🇵🇸 IMPORTANT ICJ UPDATE🇵🇸

This starts today, 19th February 2024 and continues until Next Monday 26th February 2024. See times below, they will all be streamed everyday live here or here on Al Jazeera Live

"The International Court of Justice in The Hague will hear from 52 countries and three organisations on the legal consequences of Israel’s occupation of the West Bank, Gaza and East Jerusalem since 1967.⁠" from Al Jazeera English, 19/Feb/2024:

#icj #icj hearing #icj case #icj ruling #icj genocide case #international court of justice #palestine #free palestine #gaza #free gaza #from the river to the sea palestine will be free #rafah #save rafah #i stand with palestine #human rights #colonialism #colonization #settler colonialism #decolonise palestine #decolonisation #feminism #feminist

[fiomeras]

since the main trio share a lawyer do you think that theyll share a lawyer in court

#i talk #dhmis #dont answer that i dont care about real world court rules

[bet-on-me-13]

Two-Face is a Liminal

So! Harvey Dent was splashed in the face with pure Acid, strong enough to instantly melt and burn off half of his Face.

He definitely nearly died from that, if not from the Blood Loss then from the Infections and Chemical Poisoning that you would expect. Now, since he didn't actually die he didn't become a Ghost, but multiple factors led to Harvey becoming a Liminal.

He was born in Gotham, a city with a very high Ecto Level, his attack was one filled with many extremely powerful emotions, and near death experiences tend to draw Ectoplasm to the location.

It makes sense doesn't it?

The sudden Split Personality, that's his Traumatized Ghost Side and his Barely hanging oon Human Side conflicting. It got so bad he developed DID.

His Obsession with the Coin is his Literal Ghostly Obsession. In Life he was always preaching about how "Crime always pays, its fate" so now he relies on Fate to make decisions.

Harvey Dent is a Liminal Human, parading around as a Villain in Gotham.

Imagine his surprise when Danny shows up at his Base, asking for a Lawyer? Apparently he needs help with a Legal Case of some sort.

What are these, Anti Ecto Acts?

#Dpxdc #Dp x dc #Dcxdp #Dc x dp #Danny Phantom #Dc #Dcu #Harvey Dent is a Liminal #Two Face is a Liminal #Danny needs help with a Court Case #He decided that any big act of rebellion might just go wrong for him #So he is going to go about this in the entirely legal way #Danny is playing by their rules now #And he needs help #So he goes to find the best Liminal Lawyer he knows of #Harvey Dent didn't know he was a Liminal #But at least now he and Two Face can communicate on a more level playing field #Two Face is the Liminal Half that lacks human emotion #He didn't really know that what he was doing was wrong and was confused as to why Harvey was so against it

[be-queer-do-arson]

Okay so I'm not generally a sports person but I can't stop thinking about all the ways the foxes revolutionized exy. For example, the way their tiny team structure made them focus on endurance and coordination rather than brute force? Amazing. And related to that, the way that they adapted by training players to fill multiple positions? That must have had huge implications for how they understood other players needs and allowed for flexibility of they needed someone's specialty in a different position (see the final game). BUT ALSO the way Kevin and Neil specifically shook up the game was insane. Kevin being ambidextrous and using it to make his moves unpredictable. Using heavyweight racquets to put more strength behind their shots. Communicating only in French so opponents don't get any warning but they're still in sync with each other. I'll bet you anything other teams were scrambling to catch up and figure out how to play like the foxes did

#the foxes winning season would have had insane implications for the way exy is played i can feel it in my soul #other teams would've been scrambling to catch up and copy what they were doing but no one can do it like them #the ravens had their time ruling exy but i think the foxess' unpredictability and determination kicked their playing style in the mud #insane about this if you couldn't tell #aftg #neil josten #all for the game #kevin day #the foxhole court #the kings men #the raven king #NOT TO MENTION ANDREW #but during the series what he does is more raw talent than innovative play style #if you disagree and can think of something specific he did please feel free to add on though

[travelrpro]

Doctors’ Tips for Reducing COVID-19 Risk When Flying Among the Maskless

Doctors’ Tips for Reducing COVID-19 Risk When Flying Among the Maskless

Now that nationwide mask mandates for passengers on airplanes and in airports have vanished, Americans with upcoming air travel bookings are faced with the question of how to keep themselves safe while tightly packed into a sealed metal tube with hundreds of maskless strangers. After two years of deriving some confidence from the fact that people around us are wearing face coverings and generally…

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#Advice #airplanes #airports #Among #appeal #boosters #CDC #Centers for Disease Control and Prevention #court ruling #COVID-19 #covid19 #Deborah Theodore #doctors #Experts #face coverings #federal mask mandate #flights #flying #health #infectious diseases #Jessica Shepherd #Justice Department #Maskless #masks #NewYork-Presbyterian #pandemic #passengers #protections #protocols #public transportation