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Comment Re:Not settling (Score 1) 229

New York: Supreme Court (Trial) => Appellate Division (App Div) => Court of Appeals(Highest Court in State). Also you are not entirely correct, in some circumstances, Appellate decisions are binding to ALL lower courts, and in some jurisdictions, they are binding on only those lower courts over which they have direct review. (So the Nassau County Supreme court wouldn't be bound by 1st Department Decisions, but New York County Supreme would. N.b. In New York, this is not the case -- Appellate Decisions from any department are binding provided that the department with direct review does not have conflicting precedent)

Comment Re:Settlement (Score 4, Interesting) 229

IAAL. I am assuming you meant to write "IANAL." A trial court ruling, while not binding on other courts (but certainly persuasive) may in some instances be binding on that same trial court, and as a practical matter, often is even when it need not be. Also, there may be an estoppel issue for the RIAA lurking here.

Comment Re:I don't think so... (Score 4, Interesting) 237

IAAL. 17 U.S.C. 501(b) authorizes an exclusive licensee to sue for inringement. he has granted an exclusive license. thus he might not want to sue you, but his publisher can. Look through the Silvers v. Sony Pictures case -- unless his contract specifically deals with the right to sue for infringement....his publisher can.
Censorship

Turkish Assembly Votes For Censoring of Web Sites 247

unity100 writes "CNN has some news about a recent development in Turkey where the Turkish assembly, totally out of line with Turkey's commitment to EU membership, has voted to have sites that 'insult to the founder of modern Turkey' censored from entire Turkish population. This, just about a month after the decision to censor YouTube was reached by the Turkish courts. 'On Thursday, lawmakers in the commission also debated whether the proposal should be widened to allow the Turkish Telecommunications Board to block access to any sites that question the principles of the Turkish secular system or the unity of the Turkish state -- a reference to Web sites with information on Kurdish rebels in Turkey.'"
Patents

Submission + - EFF: Patent Busting -- Prior Art Needed for VOIP

JumperCable writes: The Electronic Frontier Foundation is seeking to bust an overly broad patent by a company called Acceris. Acceris claims patents on processes that implement voice-over-Internet protocol (VoIP) using analog phones as endpoints. These patents cover telephone calls over the Internet.

Specifically, the claims describe a system that connects two parties where the receiving party does not need to have a computer or an Internet connection, but the call is routed in part through the Internet or any other "public computer network". The calls must also be "full duplex", meaning that both parties can listen and talk at the same time, like in an ordinary phone call.

To bust these overly broad claims, we need "prior art" — any publication, article, patent or other public writing that describes the same or similar ideas being implemented before September 20, 1995.
Be

Submission + - Current owner of BeOS Code: Zeta is Illegal

Hank Powers writes: The legal status of the Zeta operating system that was derived from the source code Be Inc. left shortly before going bankcrupt has been unclear for several years. Now, the current owner of the source code, ACCESS, claims "if Herr Korz feels that he holds a legitimate license to the BeOS code he's been using, we're completely unaware of it, and I'd be fascinated to see him produce any substantiation for that claim". The sales of Zeta have been suspended and so has the development been halted as well. OSNews has an article about the recent developments.

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