Topic: Law (Page 7)
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π Monkey Selfie Copyright Dispute
The monkey selfie copyright dispute is a series of disputes about the copyright status of selfies taken by Celebes crested macaques using equipment belonging to the British nature photographer David Slater. The disputes involve Wikimedia Commons and the blog Techdirt, which have hosted the images following their publication in newspapers in July 2011 over Slater's objections that he holds the copyright, and People for the Ethical Treatment of Animals (PETA), who have argued that the macaque should be assigned the copyright.
Slater has argued that he has a valid copyright claim, as he engineered the situation that resulted in the pictures by travelling to Indonesia, befriending a group of wild macaques, and setting up his camera equipment in such a way that a "selfie" picture might come about. The Wikimedia Foundation's 2014 refusal to remove the pictures from its Wikimedia Commons image library was based on the understanding that copyright is held by the creator, that a non-human creator (not being a legal person) cannot hold copyright, and that the images are thus in the public domain.
Slater stated in August 2014 that, as a result of the pictures being available on Wikipedia, he had lost at least GBΒ£10,000 (equivalent to about Β£11,000 in 2019) in income and his business as a wildlife photographer was being harmed. In December 2014, the United States Copyright Office stated that works created by a non-human, such as a photograph taken by a monkey, are not copyrightable. A number of legal experts in the US and UK have argued that Slater's role in the photographic process may have been sufficient to establish a valid copyright claim, though this decision would have to be made by a court.
In a separate dispute, PETA tried to use the monkey selfies to establish a legal precedent that animals should be declared copyright holders. Slater had published a book containing the photographs through self-publishing company Blurb, Inc. In September 2015, PETA filed a lawsuit against Slater and Blurb, requesting that the monkey be assigned the copyright and that PETA be appointed to administer proceeds from the photos for the endangered species' benefit. In dismissing PETA's case, the court ruled that a monkey cannot own copyright, under US law. PETA appealed, and in September 2017, both PETA and the photographer agreed to a settlement in which Slater would donate a portion of future revenues on the photographs to wildlife organizations. However, the court of appeals declined to dismiss the appeal and declined to vacate the lower court judgment. In April 2018, the appeals court affirmed that animals cannot legally hold copyrights and expressed concern that PETA's motivations had been to promote their own interests rather than to protect the legal rights of animals.
Discussed on
- "Monkey Selfie Copyright Dispute" | 2021-07-08 | 11 Upvotes 5 Comments
π Custom of the Sea
A custom of the sea is a custom said to be practiced by the officers and crew of ships and boats in the open sea, as distinguished from maritime law, which is a distinct and coherent body of law governing maritime questions and offenses.
Among these customs was the practice of cannibalism among shipwrecked survivors, by the drawing of lots to decide who would be killed and eaten so that the others might survive.
Discussed on
- "Custom of the Sea" | 2024-04-20 | 15 Upvotes 1 Comments
π Patentleft
Patentleft (also patent left, copyleft-style patent license or open patent) is the practice of licensing patents (especially biological patents) for royalty-free use, on the condition that adopters license related improvements they develop under the same terms. Copyleft-style licensors seek "continuous growth of a universally accessible technology commons" from which they, and others, will benefit.
Patentleft is analogous to copyleft, a license which allows distribution of a copyrighted work and derived works, but only under the same or equivalent terms.
Discussed on
- "Patentleft" | 2021-07-30 | 13 Upvotes 2 Comments
π In re Bilski
In re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385 (Fed. Cir. 2008), was an en banc decision of the United States Court of Appeals for the Federal Circuit (CAFC) on the patenting of method claims, particularly business methods. The Federal Circuit court affirmed the rejection of the patent claims involving a method of hedging risks in commodities trading. The court also reiterated the machine-or-transformation test as the (meaning sole) applicable test for patent-eligible subject matter, and stated that the test in State Street Bank v. Signature Financial Group should no longer be relied upon.
The Supreme Court of the United States issued an opinion on appeal (as Bilski v. Kappos) that affirmed the judgment of the CAFC, but revised many aspects of the CAFC's decision. In its decision, handed down on June 28, 2010, the Supreme Court rejected the machine-or-transformation test as the sole test of process patent eligibility based on an interpretation of the language of Β§ 101. The majority, however, had high praise for the Federal Circuit opinions, advising that "[s]tudents of patent law would be well advised to study these scholarly opinions."
Discussed on
- "In re Bilski" | 2010-01-18 | 11 Upvotes 3 Comments
π Bleem
Bleem! (styled as bleem!) is a commercial PlayStation emulator released by the Bleem! Company in 1999 for IBM-compatible PCs and Dreamcast. It is notable for being one of the few commercial software emulators to be aggressively marketed during the emulated console's lifetime, and was the center of multiple controversial lawsuits.
Discussed on
- "Bleem" | 2024-03-08 | 13 Upvotes 1 Comments
π Chewbacca defense
In a jury trial, a Chewbacca defense is a legal strategy in which a criminal defense lawyer tries to confuse the jury rather than refute the case of the prosecutor. It is an intentional distraction or obfuscation.
As a Chewbacca defense distracts and misleads, it is an example of a red herring. It is also an example of an irrelevant conclusion, a type of informal fallacy in which one making an argument fails to address the issue in question. Often an opposing counsel can legally object to such arguments by declaring them irrelevant, character evidence, or argumentative.
The name Chewbacca defense comes from "Chef Aid", an episode of the American animated series South Park. The episode, which premiered on October 7, 1998, satirizes the O. J. Simpson murder trialβparticularly attorney Johnnie Cochran's closing argument for the defense. In the episode, Cochran (voiced by Trey Parker) bases his argument on a false premise about the 1983 film Return of the Jedi. He asks the jury why a Wookiee like Chewbacca would want to live on Endor with the much smaller Ewoks when "it does not make sense". He argues that if Chewbacca living on Endor does not make senseβand if even mentioning Chewbacca in the case does not make senseβthen the jury must acquit.
In the Simpson murder trial, the real Johnnie Cochran tried to convince jurors that a glove found at the crime scene, alleged to have been left by the killer, could not be Simpson's because it did not fit Simpson's hand. Because the prosecution relied on the glove as evidence of Simpson's presence at the scene, Cochran argued that the lack of fit proved Simpson's innocence: "It makes no sense; it doesn't fit; if it doesn't fit, you must acquit." "If it doesn't fit, you must acquit" was a refrain that Cochran also used in response to other points of the case.
π Stratton Oakmont, Inc. vs. Prodigy before Section 230
Stratton Oakmont, Inc. v. Prodigy Services Co., 23 Media L. Rep. 1794 (N.Y. Sup. Ct. 1995), is a 1995 U.S. New York Supreme Court decision holding that online service providers could be held liable for the speech of their users. The ruling caused controversy among early supporters of the Internet, including some lawmakers, leading to the passage of Section 230 of the Communications Decency Act in 1996.
Discussed on
- "Stratton Oakmont, Inc. vs. Prodigy before Section 230" | 2023-02-26 | 11 Upvotes 2 Comments
π International Committee of the Red Cross rules of engagement for civilian hacker
On 4 October 2023 the International Committee of the Red Cross published rules of engagement for civilian hackers involved in conflicts. The rules had been described as a "Geneva Code of cyber-war".
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- "International Committee of the Red Cross rules of engagement for civilian hacker" | 2024-07-12 | 12 Upvotes 1 Comments
π The Alien and Seditions Act
The Alien and Sedition Acts were a set of four laws enacted in 1798 that applied restrictions to immigration and speech in the United States. The Naturalization Act increased the requirements to seek citizenship, the Alien Friends Act allowed the president to imprison and deport non-citizens, the Alien Enemies Act gave the president additional powers to detain non-citizens during times of war, and the Sedition Act criminalized false and malicious statements about the federal government. The Alien Friends Act and the Sedition Act expired after a set number of years, and the Naturalization Act was repealed in 1802. The Alien Enemies Act is still in effect.
The Alien and Sedition Acts were controversial. They were supported by the Federalist Party, and supporters argued that the bills strengthened national security during the Quasi-War, an undeclared naval war with France from 1798 to 1800. The acts were denounced by Democratic-Republicans as suppression of voters and violation of free speech under the First Amendment. While they were in effect, the Alien and Sedition Acts, and the Sedition Act in particular, were used to suppress publishers affiliated with the Democratic-Republicans, and several publishers were arrested for criticism of the Adams administration. The Democratic-Republicans took power in 1800, in part because of backlash to the Alien and Sedition Acts, and all but the Alien Enemies Act were eliminated by the next Congress. The Alien Enemies Act has been invoked several times since, particularly during World War II. The Alien and Sedition Acts are generally received negatively by modern historians, and the Supreme Court has since indicated that aspects of the laws would be found unconstitutional if challenged.
Discussed on
- "The Alien and Seditions Act" | 2023-05-23 | 12 Upvotes 1 Comments
π R v Dudley and Stephens β British murder case of 1884
R v Dudley and Stephens (1884) 14 QBD 273 DC is a leading English criminal case which established a precedent throughout the common law world that necessity is not a defence to a charge of murder. It concerned survival cannibalism following a shipwreck and its purported justification on the basis of a custom of the sea. It marked the culmination of a long history of attempts by the law, in the face of public opinion sympathetic to castaways, to outlaw the custom and it became something of a cause célèbre in Victorian Britain.
Dudley and Stephens were shipwrecked along with two other men. When one of them, the cabin boy Richard Parker, fell into a coma, Dudley and Stephens decided to kill him for food.