Topic: Law (Page 6)
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๐ Steve Jackson Games, Inc. vs. United States Secret Service (1993)
Steve Jackson Games, Inc. v. United States Secret Service, 816 F. Supp. 432 (W.D. Tex. 1993), was a lawsuit arising from a 1990 raid by the United States Secret Service on the headquarters of Steve Jackson Games (SJG) in Austin, Texas. The raid, along with the Secret Service's unrelated Operation Sundevil, was influential in the founding of the Electronic Frontier Foundation.
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- "Steve Jackson Games, Inc. vs. United States Secret Service (1993)" | 2024-06-09 | 26 Upvotes 3 Comments
๐ One address is home to 285,000 US businesses, including Apple and Google
The Corporation Trust Center, 1209 North Orange Street, is a single-story building located in the Brandywine neighborhood of Wilmington, Delaware, USA, operated by CT Corporation, a subsidiary of Dutch multinational services firm Wolters Kluwer. This is CT Corporation's location in the state of Delaware for providing "registered agent services." In 2012 it was the registered agent address of at least 285,000 separate businesses.
Many companies are incorporated in Delaware for its business-friendly General Corporation Law and it was estimated in 2012 that 9.5 billion dollars of potential taxes had not been levied over the past decade, due to an arrangement known as the "Delaware loophole." Companies formed in Delaware are required to have an address in the state at which process may be served. Therefore, Delaware entities with no physical office in the state must have a registered agent with a Delaware address. Notable companies represented by CT at this location include Google, American Airlines, Apple Inc., General Motors, The Coca-Cola Company, Walmart, Yum! Brands, Verizon, and about 430 of Deutsche Bank's more than 2,000 subsidiary companies and special purpose companies. Both Former President of the United States Donald Trump, and his opponent in the 2016 United States presidential election, Hillary Clinton, have registered companies at the center.
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- "One address is home to 285,000 US businesses, including Apple and Google" | 2021-02-11 | 24 Upvotes 3 Comments
๐ Tragedy of the Anticommons
The tragedy of the anticommons is a type of coordination breakdown, in which a commons does not emerge, even when general access to resources or infrastructure would be a social good. It is a mirror-image of the older concept of tragedy of the commons, in which numerous rights holders' combined use exceeds the capacity of a resource and depletes or destroys it. The "tragedy of the anticommons" covers a range of coordination failures, including patent thickets and submarine patents. Overcoming these breakdowns can be difficult, but there are assorted means, including eminent domain, laches, patent pools, or other licensing organizations.
The term originally appeared in Michael Heller's 1998 article of the same name and is the thesis of his 2008 book. The model was formalized by James M. Buchanan and Yong Yoon. In a 1998 Science article, Heller and Rebecca S. Eisenberg, while not disputing the role of patents in general in motivating invention and disclosure, argue that biomedical research was one of several key areas where competing patent rights could actually prevent useful and affordable products from reaching the marketplace.
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- "Tragedy of the Anticommons" | 2023-07-11 | 25 Upvotes 2 Comments
๐ Trial and Execution of Nicolae and Elena Ceauศescu
The trial of Nicolae and Elena Ceauศescu was held on 25 December 1989 by an Exceptional Military Tribunal, a drumhead court-martial created at the request of a newly formed group called the National Salvation Front. Its outcome was pre-determined, and it resulted in guilty verdicts and death sentences for former Romanian President and Romanian Communist Party General Secretary, Nicolae Ceauศescu, and his wife, Elena Ceauศescu.
The main charge was genocideโ namely, murdering "over 60,000 people" during the revolution in Timiศoara. Other sources put the death toll between 689 and 1,200. Nevertheless, the charges did not affect the trial. General Victor Stฤnculescu had brought with him a specially selected team of paratroopers from a crack regiment, handpicked earlier in the morning to act as a firing squad. Before the legal proceedings began, Stฤnculescu had already selected the spot where the execution would take place: along one side of the wall in the barracks' square.
Nicolae Ceauศescu refused to recognize the tribunal, arguing its lack of constitutional basis and claiming that the revolutionary authorities were part of a Soviet plot.
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- "Trial and Execution of Nicolae and Elena Ceauศescu" | 2022-12-07 | 19 Upvotes 7 Comments
๐ Hedges vs. Obama
Hedges v. Obama was a lawsuit filed in January 2012 against the Obama administration and members of the U.S. Congress by a group including former New York Times reporter Christopher Hedges, challenging the National Defense Authorization Act for Fiscal Year 2012 (NDAA). The legislation permitted the U.S. government to indefinitely detain people "who are part of or substantially support Al Qaeda, the Taliban or associated forces engaged in hostilities against the United States". The plaintiffs contended that Section 1021(b)(2) of the law allows for detention of citizens and permanent residents taken into custody in the U.S. on "suspicion of providing substantial support" to groups engaged in hostilities against the U.S. such as al-Qaeda and the Taliban respectively that the NDAA arms the U.S. military with the ability to imprison indefinitely journalists, activists and human-rights workers based on vague allegations.
A federal court in New York issued a permanent injunction blocking the indefinite detention powers of the NDAA but the injunction was stayed by the Second Circuit Court of Appeals pending appeal by the Obama Administration. On July 17, 2013, the Second Circuit Court of Appeals overturned the district court's permanent injunction blocking the indefinite detention powers of the NDAA because the plaintiffs lacked legal standing to challenge the indefinite detention powers of the NDAA. The Supreme Court declined to hear the case on April 28, 2014, leaving the Second Circuit decision intact.
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- "Hedges vs. Obama" | 2021-10-30 | 17 Upvotes 8 Comments
๐ SCOโLinux Disputes
In a series of legal disputes between SCO Group and Linux vendors and users, SCO alleged that its license agreements with IBM meant that source code IBM wrote and donated to be incorporated into Linux was added in violation of SCO's contractual rights. Members of the Linux community disagreed with SCO's claims; IBM, Novell, and Red Hat filed claims against SCO.
On August 10, 2007, a federal district court judge in SCO v. Novell ruled on summary judgment that Novell, not the SCO Group, was the rightful owner of the copyrights covering the Unix operating system. The court also ruled that "SCO is obligated to recognize Novell's waiver of SCO's claims against IBM and Sequent". After the ruling, Novell announced they had no interest in suing people over Unix and stated "We don't believe there is Unix in Linux". The final district court ruling, on November 20, 2008, affirmed the summary judgment, and added interest payments and a constructive trust.
On August 24, 2009, the U.S. Court of Appeals for the Tenth Circuit partially reversed the district court judgment. The appeals court remanded back to trial on the issues of copyright ownership and Novell's contractual waiver rights. The court upheld the $2,547,817 award granted to Novell for the 2003 Sun agreement.
On March 30, 2010, following a jury trial, Novell, and not The SCO Group, was unanimously found to be the owner of the UNIX and UnixWare copyrights. The SCO Group, through bankruptcy trustee Edward Cahn, decided to continue the lawsuit against IBM for causing a decline in SCO revenues.
On March 1, 2016, SCO's lawsuit against IBM was dismissed with prejudice; SCO filed an appeal later that month.
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- "SCOโLinux Disputes" | 2024-03-09 | 22 Upvotes 3 Comments
๐ Lawsuits Against God
Lawsuits against God have occurred in real life and in fiction. Issues debated in the actions include the problem of evil and harmful "acts of God".
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- "Lawsuits Against God" | 2021-09-30 | 20 Upvotes 4 Comments
๐ Loving v. Virginia
Loving v. Virginia, 388 U.S. 1 (1967), was a landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution. Beginning in 2013, it was cited as precedent in U.S. federal court decisions holding restrictions on same-sex marriage in the United States unconstitutional, including in the 2015 Supreme Court decision Obergefell v. Hodges.
The case involved Mildred Loving, a woman of color, and her white husband Richard Loving, who in 1958 were sentenced to a year in prison for marrying each other. Their marriage violated Virginia's Racial Integrity Act of 1924, which criminalized marriage between people classified as "white" and people classified as "colored". The Lovings appealed their conviction to the Supreme Court of Virginia, which upheld it. They then appealed to the U.S. Supreme Court, which agreed to hear their case.
In June 1967, the Supreme Court issued a unanimous decision in the Lovings' favor and overturned their convictions. Its decision struck down Virginia's anti-miscegenation law and ended all race-based legal restrictions on marriage in the United States. Virginia had argued that its law was not a violation of the Equal Protection Clause because the punishment was the same regardless of the offender's race, and thus it "equally burdened" both whites and non-whites. The Court found that the law nonetheless violated the Equal Protection Clause because it was based solely on "distinctions drawn according to race" and outlawed conductโnamely, getting marriedโthat was otherwise generally accepted and which citizens were free to do.
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- "Loving v. Virginia" | 2022-06-25 | 18 Upvotes 5 Comments
๐ Wikimedia Foundation v. NSA
Wikimedia Foundation, et al. v. National Security Agency, et al. is a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of the Wikimedia Foundation and several other organizations against the National Security Agency (NSA), the United States Department of Justice (DOJ), and other named individuals, alleging mass surveillance of Wikipedia users carried out by the NSA. The suit claims the surveillance system, which NSA calls "Upstream", breaches the First Amendment to the United States Constitution, which protects freedom of speech, and the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures.
The suit was filed in the United States District Court for the District of Maryland as the NSA is based in Fort Meade, Maryland. The suit was dismissed in October 2015 by Judge T. S. Ellis III; this decision was appealed four months later to the Fourth Circuit Court of Appeals by the Wikimedia Foundation. The Court of Appeals found that the dismissal was valid for all of the plaintiffs except the Foundation, whose allegations the court found "plausible" enough to have legal standing for the case to be remanded to the lower court.
The original plaintiffs besides the Wikimedia Foundation were the National Association of Criminal Defense Lawyers, Human Rights Watch, Amnesty International USA, the PEN American Center, the Global Fund for Women, The Nation magazine, the Rutherford Institute, and the Washington Office on Latin America.
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- "Wikimedia Foundation v. NSA" | 2018-07-27 | 19 Upvotes 3 Comments
๐ Nothwithstanding Clause lets Canadian Provinces violate Constitutional rights
Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (French: clause dรฉrogatoire or clause nonobstant), sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override sections 2 and 7โ15 of the Charter.
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- "Nothwithstanding Clause lets Canadian Provinces violate Constitutional rights" | 2023-05-31 | 21 Upvotes 1 Comments