I have an office in the second largest state in W.Va.-- at least it used to be, haven't checked in a while. I have to have some sort of Broadband-- two options Frontier and Comcast. Between the devil and the deep blue sea.
When Frontier took over from Verizon here we went a month without service. They blamed Verizon. There's been various outages over the years since. Recently I dropped our land lines and added a wireless phone because they were incapable of fixing a really annoying sound on the land line that made the phones unusable. I hate to think what people in the rural areas have to put up with.
Found that in February of this year Zillow ended up with a million+ jury award against them because Zillow was not deleting photographs licensed for listing purposes, but using them on Zillow Digs (which I confess to never looking at) where one could find residential design, home improvement and remodeling ideas.
"For what it's worth, reports seem to suggest that the CMP has decided to ignore the judge's orders and has released at least some of the new videos anyway. That will likely lead to more legal action against the group. But it shouldn't. Speech is to be protected as a moral stance, even bad speech."
Yes it should lead to more legal action against the group. There are procedures for appeal, even emergency appeal, which CMP knows about because one they filed one with the supreme when a court ordered them to release the names of the people who they shared information with that was covered by a NDA. Appeal would be the correct process if they feel this is inappropriate prior restraint of their first amendment rights.
If you are going to ignore a court order than you had better be prepared to deal with a fine or imprisonment for contempt of court.
I think that the center of this case is the voluntarily signed NDA. Journalists are bound by an NDA once it is signed. It is why many journalists may decline to sign an NDA and then try to source the information they seek elsewhere. California appears to be a state that takes an NDA seriously.
I do know several lawyers who have been slapped with Rule 11 sanctions, but it happened in state court, the amounts were more stinging than stupendous, and the lawyers tend not to want to talk about it-- the lawyers who have been sanctioned that is. All of the other lawyers talk about it a lot.
First thing that happened after Frontier took over was our telephone service (but not our DSL) went out for nearly a month. Frontier's employees blamed it on Verizon leaving the equipment in disrepair. While we did finally get our telephone service back I never figured out if that was a legitimate excuse.
I will say our DSL never worked better than during that month.
Steele could testify to what he heard directly (Cooper's side of the conversation-- direct experience. Heresay would be if Steele testified to Cooper telling him what Lutz (?) said in Lutz's side of the conversation that Steele did not hear-- unless it falls under the exceptions and exemptions to the rule against heresay.
A lawyer can sometimes get out of hot water by voluntarily surrendering his/her license to practice law. A bit later (usually after getting out of rehab) she/he can petition to be reinstated. Its usually granted if the lawyer sounds contrite enough.
All of the events in this case were spread across different courts in different parts of the country. It wasn't until defendants started to get a look at the big picture-- thank you to those who made the facts available-- that any single judge would have known what was going on. Even so it is necessary to come up with a legal theory that would allow the evidence of misbehavior to be introduced. (I'm not saying it doesn't exist, I just haven't given it much thought. A party can't just introduce evidence willy-nilly, it has to be allowed by the Rules of Evidence in the Court where the case is being heard.)
I always thought it rather creepy that a certain small town in Ohio I passed through put up road signs bragging about their participation in a child fingerprinting program. It was done to-- I don't know why it was done. Maybe to tell Mr. Stranger Danger to go down the road and leave these children to the family, friends and neighbors who are most likely to abuse children.
Darn, I voted early and have been tossing campaign flyers without looking at them. Saturday I had so many in my post office box that I couldn't get my mail out of the box without ripping some. Now I'll never know if my neighbors know I have a perfect score for showing up at the polls.
Oops, maybe they do know. I voted early because all of the election day poll workers are my neighbors.
The legal definition of consideration when discussing a contract or agreement does not necessarily mean hard cash or actual goods. Consideration is an item of value but it can be as vague and hard to quantify as "natural love and affection" owed from one person to another rather than explicit payment or even barter. Also it can be that one party agrees to undertake some act for the other person as consideration.
He is claiming willful and malicious trademark infringement on the bloggers which is different from innocent infringement. This suggests that the bloggers should have known about his trademark. I know I always check the US trademark on books I read in case I might want to know if it is owned by some crazy person before I post a review in which I-- oh, might mention the name of the book.
The christian genre probably explains why I didn't recognize many of the names. This isn't Shawn Lamb's first rodeo though. Most of her craziness has been kept to Amazon forums. She had a fit over a two star review of one of her books and also wrote something about how some christian reviewers were "downright nasty" in their reviews. I think by this she meant that some christian reviewer did not love her book. She has a history of trying to rewrite internet history. Total waste as anyone who has been around a while could tell her.
I'm not seeing the problem. I just checked some authors-- Austen, Anne Bronte, and some more obscure works: The Pleasures of a Single Life, Or, The Miseries of Matrimony Occasionally writ upon the many divorces lately granted by Parliament. With The choice, or, ... to the beaus against the next vacation. [Kindle Edition] by John Pomfret and everything seems to be where it should be.
I just downloaded that last one, looks like an interesting historic document/pamphlet (34 pages).
The lawyer is thinking that if you sue enough people someone (and possibly more than one someone) might settle out. Yes, it is scummy and lawyers doing this make me despair for the legal profession.
GRRR.....Frontier
I have an office in the second largest state in W.Va.-- at least it used to be, haven't checked in a while. I have to have some sort of Broadband-- two options Frontier and Comcast. Between the devil and the deep blue sea.
When Frontier took over from Verizon here we went a month without service. They blamed Verizon. There's been various outages over the years since. Recently I dropped our land lines and added a wireless phone because they were incapable of fixing a really annoying sound on the land line that made the phones unusable. I hate to think what people in the rural areas have to put up with.
Maybe Zillow Is Just Mad at Copyright
Found that in February of this year Zillow ended up with a million+ jury award against them because Zillow was not deleting photographs licensed for listing purposes, but using them on Zillow Digs (which I confess to never looking at) where one could find residential design, home improvement and remodeling ideas.
http://realtormag.realtor.org/daily-news/2017/02/13/zillow-ordered-pay-83m-in-copyright-case
"For what it's worth, reports seem to suggest that the CMP has decided to ignore the judge's orders and has released at least some of the new videos anyway. That will likely lead to more legal action against the group. But it shouldn't. Speech is to be protected as a moral stance, even bad speech."
Yes it should lead to more legal action against the group. There are procedures for appeal, even emergency appeal, which CMP knows about because one they filed one with the supreme when a court ordered them to release the names of the people who they shared information with that was covered by a NDA. Appeal would be the correct process if they feel this is inappropriate prior restraint of their first amendment rights.
If you are going to ignore a court order than you had better be prepared to deal with a fine or imprisonment for contempt of court.
I think that the center of this case is the voluntarily signed NDA. Journalists are bound by an NDA once it is signed. It is why many journalists may decline to sign an NDA and then try to source the information they seek elsewhere. California appears to be a state that takes an NDA seriously.
Re:
I do know several lawyers who have been slapped with Rule 11 sanctions, but it happened in state court, the amounts were more stinging than stupendous, and the lawyers tend not to want to talk about it-- the lawyers who have been sanctioned that is. All of the other lawyers talk about it a lot.
My DSL/Land Line was Sold to Frontier by Verizon
First thing that happened after Frontier took over was our telephone service (but not our DSL) went out for nearly a month. Frontier's employees blamed it on Verizon leaving the equipment in disrepair. While we did finally get our telephone service back I never figured out if that was a legitimate excuse.
I will say our DSL never worked better than during that month.
Actually the Kaley forfeiture decision bothers me more than this one.
Re:
Totally without context I think young potatoes. Maybe they could become the Washington Small Potatoes.
Re: Re: Something caught my eye...
Steele could testify to what he heard directly (Cooper's side of the conversation-- direct experience. Heresay would be if Steele testified to Cooper telling him what Lutz (?) said in Lutz's side of the conversation that Steele did not hear-- unless it falls under the exceptions and exemptions to the rule against heresay.
Re:
A lawyer can sometimes get out of hot water by voluntarily surrendering his/her license to practice law. A bit later (usually after getting out of rehab) she/he can petition to be reinstated. Its usually granted if the lawyer sounds contrite enough.
Re: Re: Nice
Oh Yeah! You got my vote for Funny.
Prenda Was OK Until Dots Started to Be Connected
All of the events in this case were spread across different courts in different parts of the country. It wasn't until defendants started to get a look at the big picture-- thank you to those who made the facts available-- that any single judge would have known what was going on. Even so it is necessary to come up with a legal theory that would allow the evidence of misbehavior to be introduced. (I'm not saying it doesn't exist, I just haven't given it much thought. A party can't just introduce evidence willy-nilly, it has to be allowed by the Rules of Evidence in the Court where the case is being heard.)
Re: Safety is in the eyes of the beholder
I always thought it rather creepy that a certain small town in Ohio I passed through put up road signs bragging about their participation in a child fingerprinting program. It was done to-- I don't know why it was done. Maybe to tell Mr. Stranger Danger to go down the road and leave these children to the family, friends and neighbors who are most likely to abuse children.
I'm not a one issue voter and the GOP in this paper are not addressing anything that swayed my vote this fall.
Darn, I voted early and have been tossing campaign flyers without looking at them. Saturday I had so many in my post office box that I couldn't get my mail out of the box without ripping some. Now I'll never know if my neighbors know I have a perfect score for showing up at the polls.
Oops, maybe they do know. I voted early because all of the election day poll workers are my neighbors.
Well, I'm glad to know what all this is about. The artist was even on NPR one morning several weeks ago.
The legal definition of consideration when discussing a contract or agreement does not necessarily mean hard cash or actual goods. Consideration is an item of value but it can be as vague and hard to quantify as "natural love and affection" owed from one person to another rather than explicit payment or even barter. Also it can be that one party agrees to undertake some act for the other person as consideration.
This sounds like sloppy legal drafting.
He is claiming willful and malicious trademark infringement on the bloggers which is different from innocent infringement. This suggests that the bloggers should have known about his trademark. I know I always check the US trademark on books I read in case I might want to know if it is owned by some crazy person before I post a review in which I-- oh, might mention the name of the book.
I wonder if he C&D Amazon and B&N?
Re:
The christian genre probably explains why I didn't recognize many of the names. This isn't Shawn Lamb's first rodeo though. Most of her craziness has been kept to Amazon forums. She had a fit over a two star review of one of her books and also wrote something about how some christian reviewers were "downright nasty" in their reviews. I think by this she meant that some christian reviewer did not love her book. She has a history of trying to rewrite internet history. Total waste as anyone who has been around a while could tell her.
I'm not seeing the problem. I just checked some authors-- Austen, Anne Bronte, and some more obscure works: The Pleasures of a Single Life, Or, The Miseries of Matrimony Occasionally writ upon the many divorces lately granted by Parliament. With The choice, or, ... to the beaus against the next vacation. [Kindle Edition] by John Pomfret and everything seems to be where it should be.
I just downloaded that last one, looks like an interesting historic document/pamphlet (34 pages).
Re: Poor Guy
The lawyer is thinking that if you sue enough people someone (and possibly more than one someone) might settle out. Yes, it is scummy and lawyers doing this make me despair for the legal profession.