Slashdot Mirror

On December 8, 2011, U.S. District Judge Richard Seeborg dismissed the last remaining count of the class action lawsuit, stating: "As a legal matter, [..] plaintiffs have failed to allege facts or articulate a theory on which Sony may be held liable."

Digging a little deeper:

Seeborg found the plaintiffs could not prove that they had a right to expect the OS feature beyond Sony's warranty period or continued access to the Playstation Network.

Sony Tosses PlayStation 3 Upgrade Claims Aside

"The dismay and frustration at least some PS3 owners likely experienced when Sony made the decision to limit access to the PSN service to those who were [un]willing to disable the Other OS feature on their machines was no doubt genuine and understandable," Judge Seeborg wrote. "As a matter of providing customer satisfaction and building loyalty, it may have been questionable."

The problem is that the plaintiffs could not prove that they were entitled to an ongoing relationship with Sony after the date of purchase, and they had the option of turning down the update and continuing their use of their Linux installations. "As a legal matter... plaintiffs have failed to allege facts or articulate a theory on which Sony may be held liable," Judge Seeborg wrote.

Judge dismisses "Other OS" class-action suit against Sony

The choice may have been a difficult one for those who valued both the Other OS feature and access to the PSN, but it was still a choice.

[For] Sony's conduct to have been in any manner wrongful, it is not enough for plaintiffs to show that they have a right to expect continued availability of the Other OS feature beyond the warranty period, but also a right to continued access to the PSN. Nothing in plaintiffs' factual allegations or their arguments is sufficient to support a conclusion that Sony has any obligation to maintain the PSN in operation indefinitely.

In short, even assuming it would be wrongful under one or more of plaintiffs' legal theories for Sony unilaterally to disable the Other OS feature after expiration of the warranty period but during the reasonably expected lifetime of machines that were otherwise still working properly, the facts show that Sony did not do so, except with the consent of owners who exercised an affirmative choice to install Firmware Update 3.21. For some, that choice may not have been made without regret, but absent some legal entitlement to continued access to the PSN, it was still a choice.

IN RE SONY PS3 OTHER OS LITIGATIONI [Full text]

Lying abut a warrant may have had something to do with the case as well:

http://www.courthousenews.com/2009/03/03/Stolen_Laptop_Led_to_False_Arrest_Woman_Says.htm

She is suing the police because they lied about a warrant and treated her with abuse.

She is suing absolute because the pictures have nothing to do with the case. Had it just been the IP they would have been fine.

They lied about having a warrant.

http://www.courthousenews.com/2009/03/03/Stolen_Laptop_Led_to_False_Arrest_Woman_Says.htm

You can't even get a permit let a lone build a nuclear or coal power plant because of EPA regulations and red tape.

You're not going to hear much sympathy from me. I've been to the Boundary Waters Canoe Area, I've seen what natural water should look like. By my own first hand account, there is none of that on the East Coast.

So let's see here, after some shallow checking on Google News we have: Frack water to be dumped in Niagara Falls, the EPA has been completely ignoring Anacostia River pollution and the dead zone in the Chesapeake is growing. And that's just news from the last couple of days. How can I be upset that the EPA wants to tie up companies in "red tape" when this is happening in our country? Why don't the solar companies get the same red tape? Oh, right, they don't produce a byproduct that is often dumped in nearby water. I'm sure the site of solar panel farms suffers the same environmental scrutiny that your poor "hobbled" coal and nuclear power facilities face. It's just that the byproducts and environmental effects appear to be okay for local residents.

It's like watching a race between two people running and one person get's hit by a car every third step they take and acting surprised the other runner is doing so well. It's a rigged race and the desired outcome shouldn't be a huge surprise.

The way I see it, is it's more like two people racing and one person pouring crude oil along the entire race path and then sliding on it with a sled and beating the person that's trying to run through it. Meanwhile the people who live near the race track are drinking shit in their water. Think I'm making that up? Go ask the residents of West Virginia who get to watch their entire state terraformed into slag. PA's natural gas boon could result in the same thing if we don't have that evil evil evil "red tape."

Someone with enough time and energy could probably go through the court records and figure out how many people in a given jurisdiction were arrested for resisting arrest with no other charges. Shows up in the news every now and then, usually when the cops decided they had to tase someone.

It's harder to figure out if it's legit when they throw in an "assaulting the officer charge", especially when the perp is covered in bruises and the cop has a scuff mark on his shoe.

The lawsuit was brought in Virginia. http://www.courthousenews.com/2011/06/16/Space.pdf...

Try this one perhaps

http://www.courthousenews.com/2011/06/16/37414.htm

Samsung Ordered to Hand Over Unreleased Designs to Apple

Uh huh ... well, when I go to the original source cited in the article I find this piece of text:

She [Judge Koh] also limited the results of discovery to "Outside Counsel Eyes Only," meaning neither Apple nor its in-house counsel will get a peek at the phones or related marketing materials.

(Emphasis mine.) I must confess that one does have to read the entire article of Courthouse News to get to that somewhat important and relevant tidbit but that is asking a bit much for an editor. Or perhaps that was known but "Court Counsel to Judge Samsung Prototypes" just doesn't boil up the anti-Apple blood like the current headline does?

In protest about people whining about tasers, I propose we take tasers, batons and bean bags away from the police. Also since cops don't wear running shoes, and they're given guns, the guns should be used instead of chasing. So any one resisting or trying to run away, you will be shot and you will be killed.

If force needs to be used, make sure its as lethal as possible.

But that's the point. A cop is probably going to think twice about shooting to kill grandma. Tasering her? Well, it's not lethal so it's okay, right?

Except it was first reported yesterday morning.

The heart of the issue was the chain of ownership put forward by Fleischer Studios, which claims Paramount transferred the rights it bought from Max Fleischer to UM&M TV in 1955. That entity in turn transferred the rights in 1958 to National Telefilm Associates, which became Republic Pictures in 1986. About 10 years later, Republic Pictures transferred the exclusive copyright to Fleischer Studios. Fleischer Studios' scenario failed to convince U.S. District Judge Florence-Marie Cooper, however. She found for the plaintiffs, ruling that the company had failed to show proof for any of the purported transfers that occurred after Paramount purchased the rights. The three-judge appeals panel agreed, 2-1.

Court Says Right to Betty Boop Is Anyone's Guess

A footnote here:

The expiration of the rights to "Steamboat Willie" gives you the right to produce derivatives of "Steamboat Willie ---" and only "Steamboat Willie."

Eight minutes of silent-era sight gags with a synchronized sound track and a thin narrative thread.

You do not get the rights to other stories, you do you not get the rights to use Disney's distinctive - trademarked - character designs in any of their many incarnations.

TFA is light on details but the court filing states that all push notifications, e-mail checking etc. were turned off on the iPhone.

http://www.courthousenews.com/2011/01/31/AT&T.pdf

Good! Straight news not re-written by desk-bound "reporters", and opinions devoid of leftist drivel.

Unfortunately, no shortage of douchebaggery.

The official legal document describes that the users of the system (the administrators of the school) acquired pictures of the students in various states of undress, and that the whole system was exposed when the administrator reprimanded one of the students for "inappropriate behavior" in his own home.

The only thing that needs to happen IMO is the police/the feds raiding "gold base" to free the slaves. After that they should be declared a criminal organization.

without them police have no option other then to shoot,

Sure they do.

It's morons like you who can't distinguish between appropriate use and abuse that just need to sit out of the conversation entirely.

video http://www.courthousenews.com

It appears that the attorney's at Girard Gibb's group are gearing up to file a class action suit against EA / SecuROM. Kind of blows a hole in the only .2% of a problem with DRM.

http://www.girardgibbs.com/Securom.asp?_kk=securom&_kt=da55bb6d-29cf-4c4d-bbac-e9bc8fff6b6a&gclid=CI385_3bqZYCFQOjFQodZwn6xw

I take it back they already got sued.

http://www.courthousenews.com/2008/09/23/Spore.pdf

It can't possibly win.

After reading the court papers, paragraph 5 states that the nature of the case is that Samsung was aware the player was defective, however if you look at the conditions provided by SONY, the system met ALL profile 1.0 standards and is not defective. Due to this wording alone the claim is damaged.

Paragraph 7 says that selling thie Blu-Ray player cause injury(not physical) to the plaintiff. What injury, the world knowing how much of an ass-hat he is? Obviously this is completely trumped up and any self respecting judge would not even consider ruling in favor of the plaintiff.

In the factual allegations, it is never stated that Samsung claimed that all Blu-Ray disc profiles would work on this system. Most of the 'factual' allegations are merely ripped from the Blu-Ray advertising that is put out by Sony, in regards to storage capacity and picture quality. I didn't see anything at all about picture in picture claims made by Samsung. If no claim was made by Samsung then I don't see a case.

The University System of Georgia Board of Regents is meeting on Wednesday and Thursday. After backing out of a hearing procedure which they established to give an opportunity for due process, we filled a civil rights and discrimination lawsuit in Federal court.

It may be more effective to contact the Board of Regents at this point.

Office of the Chancellor
Board of Regents of the University System of Georgia
Suite 7025
270 Washington Street, SW
Atlanta, GA 30334
office: (404) 656-2202
fax: (404) 657-6979
email: chancellor@usg.edu

http://www.usg.edu/contact/
http://www.usg.edu/regents/members/

Join my Facebook group @ http://kennesaw.facebook.com/group.php?gid=6371166090

The story about the lawsuit has been heard across Georgia. Newspapers from Valdosta, Augusta, and Athens are reporting on the case. It's been discussed on television, radio, and Internet blogs. Prominent education journal "Inside Higher Ed" featured it on their front page.

http://mashable.com/2008/01/13/facebook-users-photo-led-to-expulsion-from-university/
http://www.splc.org/newsflash.asp?id=1664
http://www.courthousenews.com/2008/01/10/Valdosta_State_Student_Says_Facebook_Opinion_Resulted_in_Expulsion_From_School.htm
http://www.onlineathens.com/stories/011208/news_20080112030.shtml
http://www.valdostadailytimes.com/local/local_story_011142725.html
http://www.thefire.org/index.php/article/8794.html
http://www.thefire.org/index.php/article/8796.html
http://www.walb.com/Global/story.asp?S=7612384

The University System of Georgia Board of Regents is meeting on Wednesday and Thursday. After backing out of a hearing procedure which they established to give an opportunity for due process, we filled a civil rights and discrimination lawsuit in Federal court. It may be more effective to contact the Board of Regents at this point. Office of the Chancellor Board of Regents of the University System of Georgia Suite 7025 270 Washington Street, SW Atlanta, GA 30334 office: (404) 656-2202 fax: (404) 657-6979 email: chancellor@usg.edu http://www.usg.edu/contact/ http://www.usg.edu/regents/members/ Join my Facebook group @ http://kennesaw.facebook.com/group.php?gid=6371166090 The story about the lawsuit has been heard across Georgia. Newspapers from Valdosta, Augusta, and Athens are reporting on the case. It's been discussed on television, radio, and Internet blogs. Prominent education journal "Inside Higher Ed" featured it on their front page. http://mashable.com/2008/01/13/facebook-users-photo-led-to-expulsion-from-university/ http://www.splc.org/newsflash.asp?id=1664 http://www.courthousenews.com/2008/01/10/Valdosta_State_Student_Says_Facebook_Opinion_Resulted_in_Expulsion_From_School.htm http://www.onlineathens.com/stories/011208/news_20080112030.shtml http://www.valdostadailytimes.com/local/local_story_011142725.html http://www.thefire.org/index.php/article/8794.html http://www.thefire.org/index.php/article/8796.html http://www.walb.com/Global/story.asp?S=7612384

I know it sounds ambiguous but upon reading the complaint it turns out it is indeed about having the game not run on a Xbox 360, and not a Xbox "1".

People seem to believe that lawyers get a free ride. It isn't true.
A lawyer who gets caught breaking the law or violating the Bar's
regulations will be punished. The thing is that lawyers, being
lawyers, are adept at staying out of trouble even if by only a
hair. Boies is particularly notorious for skating near the edge.

The California Bar uses most of its budget to discipline/disbar/etc. lawyers.
http://www.courthousenews.com/editorials/Policzer/ policzer140.htm

Here's an abuse of process case:
http://lawprofessors.typepad.com/family_law/2006/0 4/case_law_develo_35.html

A little casual googling will find you thousands of lawyers who have been
punished/suspended/disbarred. BTW, there is a difference between playing
hardball in a case that has some merit and bringing forward a case that
has no merit. Judge K. is pissed and his rulings make it clear. Take for
example his warning to SCO that they should quit trying to argue things that
he has already decided. Also consider his previous comments about the lack
of evidence they produced after an amazing amount of discovery. AllParadox
thinks there will be sanctions and he has a heck of a lot more legal experience
than either of us.