Domain: metnews.com
Stories and comments across the archive that link to metnews.com.
Comments · 12
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Re:"open"?
Larry can get pretty kinky
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its satire, should be protected
http://www.metnews.com/articles/2009/legalcommunity012909.htm
When courts are presented with a satire case, they don't say "this is a satire, so we will give it extra latitude." Rather, they painstakingly set out the manner in which the new work comments on some social condition and use that as a significant factor in their analysis. Satires are an unspoken subset of fair use, which often causes confusion among parodies, satires, and jokes.
Courts haven't said much about the intersection of satire and fair use, although several cases provide insight into how it might be treated if the court were to consider the issue:
The most recent case involved the artist Jeff Koons. He was paid $1.6 million to create a series of paintings entitled the "Easyfun-Ethereal" for Germany's Deutsch Bank. He culled advertising images and his own photographs, scanning them into a computer and digitally superimposing the scanned images against backgrounds of pastoral landscapes to comment on the ways in which our most basic desires are depicted in popular images. In one particular instance, Koons scanned a photo by Andrea Blanch, titled "Silk Sandals by Gucci," which was, as the title suggests, a photo of a pair of woman's feet wearing Gucci sandals. Blanch had shot the photo for a Gucci ad. Koons incorporated part of the photo into his own artwork, which depicted four pairs of women's feet and lower legs dangling over images of various dessert dishes.
Blanch, recognized her photo. She was not happy. She sued.
She lost.
The court explained the satire in detail by describing the social comment being made, rather than sticking the satire label on the painting. In fact, the court doesn't mention the word. The court focused on the first fair use factor (the purpose and character of use), and said it weighed in favor of Koons' appropriation because the use of the photo was transformative and because its purpose was to demonstrate how advertising whetted our various appetites, not to sell shoes for Gucci. Koons used Blanch's work to comment on its social meaning rather than to exploit its creative virtues. -
Re:Signatures not required
The 9th Circuit is legal precedent, at least for cases within the 9th Circuit.... But here you go.
Some links, many of which are not from the 9th:
http://www.iphonereal.com/iphone_news/200808/08-11492.html
http://www.uslaw.com/library/Legal_Research/Oregon_9th_Circ_Mandatory_Arbitration_Unconscionable.php?item=221171
http://www.thisistech.com/2008/01/25/class-actions-t-mobiles-mandatory-arbitration-clause-ruled-unconscionable-lawsuits/
http://www.constructionweblinks.com/Resources/Industry_Reports__Newsletters/Apr_02_2007/cour.html
http://www.metnews.com/articles/2007/omel051507.htm
http://www.calbizlit.com/cal_biz_lit/2007/09/how-to-get-out-.html
http://findarticles.com/p/articles/mi_qa3898/is_200103/ai_n8951872
http://www.allbusiness.com/legal/trial-procedure-appellate-decisions/8133987-1.html
http://www.stephenmmurphy.com/pdfs/Hancock_article.pdf
http://finance.yahoo.com/news/3rd-Circuit-Deals-Blow-to-law-14460950.html
http://kruismediation.com/cgi-bin/adrcases.cgi?case=ADR20071031.htm
http://www.justanswer.com/questions/16oig-wisconsin-courts-interpret-term
http://www.prweb.com/releases/2008/11/prweb1556074.htm
http://www.chicagobusinesslitigationlawyerblog.com/2008/10/chicago_federal_district_court_1.html
http://www.rtoonline.com/Content/Article/Aug_06/NewJerseyBindingArbitration081106.asp -
Re:Review ?
"Oh stop it. 90% of food at the grocery store does not have high-fructose corn syrup in it."
If it is a processed item it most probably contains either Corn Syrup or HFCS. Granted the produce section is fairly safe as is most of the meat section, however vitamin D fortified milk has small amounts of HFCS added (at least at the stores around me). Even if an item has 'sugar' it will most often have additional HFCS added. Even some 'diet' beverages have HFCS added to them. READ LABELS.
"That is so non-sensical it's hard to know where to start. You make it sound like the liver is the primary digestive organ. Also, according to you, if I eat some HFCS, I can then eat 20,000 calories and it'll never be processed. Hurray! HFCS is the cure for obesity."
High-fructose corn syrup (HFCS) is a recent invention of the food industry, made by an enzyme-mediated process. Old-fashioned corn syrup is less sweet and contains mostly glucose....
"HFCS contains 14 percent fructose. Never before in history have so many people been consuming so much fructose, and I am concerned about its possible disruptive effects on metabolism. I'd advise you not to buy products made with HFCS...."
From http://www.metnews.com/articles/reminiscing110603.htm
A Los Angeles Times article on March 24 said: "Unlike glucose, fructose is almost entirely metabolized in the liver. When fructose reaches the liver, says Dr. William J. Whelan, a biochemist at the University of Miami School of Medicine, 'the liver goes bananas and stops everything else to metabolize the fructose.' ""Sorry, wrong. The reason is the high import tariff on sugar in the USA. That's not the same thing as a subsidy."
While I admit that you are partially correct here. In ADDITION to high tariffs on sugar there are also substantial subsidies provided to the growers and refiners of corn.
Additionally, If one was to chart the occurrences of obesity and diabetes, heart disease, etc. in the US and compare that to the overall production/consumption of HFCS the lines mirror themselves even closer than that of carbon and global warming. Believe the propaganda that you choose. I know of 7 people who all removed HFCS from their diet and low and behold their blood glucose levels returned to normal, their serum cholesterol dropped to normal levels and the lost a substantial amount of weight. All but 2 had these results without additional exercise or other caloric modifications. The other 2 actually increased the amount of calories and the amount of dietary fat and still lost weight although they did increase their activity.
So get bent ass clown
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Re:Judges.
California does similar things, up to and including garnishing wages of people with merely similar names who couldn't possibly be the father(if they miss the short reply deadline merely sent by 1st class mail, not certified or registered).
One problem
Looks like it happens many places, not just california -
Re:Regarding Ron Paul...Obviously, this is IANAL territory, but I disagree that the hate crime is irrelevant.
As a white male, if another white male is assaulted due to a personal issue between the assailant and the victim, I am not threatened. A normal assault punishment is applied as society's method of saying "hey, it's wrong to assault people."
But if the victim is assaulted because he is white, there is the crime of the assault, and the added threat that additional assaults will take place. Thus, the need for a punishment that addresses this additional threat and in theory, defuses it.
Not sure if this is the best example, but it's my first relevant find regarding a court ruling on threats: One who attempts to threaten violence and put another in fear should not be exempt from prosecution simply because "only a fortuity, not intended by the defendant," prevented the completion of the criminal threat, Chief Justice Ronald George said.
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Re:Correct decision
and that is what happened.
http://www.metnews.com/articles/2007/heck040607.ht m -
Re:Tom Cruise Missile
"the judge was a scientologist" Is that true? Cause that's kind of scary.
No basis given for claim, but the judge in question (Wallerstein) is apparently dead, so it can't be libel.
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Re:WTF
Seriously how the hell could this not be construed as free-speech? I mean she is simply providing information on a service she is unhappy about in the hopes of educating others. Jeez I'm getting more and more afraid to open my mouth every day.
According to the metnews story, the court decided (and the appeals court did not dispute) that the information she is providing is not true. Among other things, her "after" picture was also after four other surgeries from different doctors. So the information was false and damaging. The appeals court said that in this circumstance, it can't be considered defamatory unless the doctor proved her intent was malicious, and he hadn't done that. Apparently the woman's just crazy... -
Re:Link to the website
Sad thing about that website is that she looked pretty good in the 'before' photo. People should realise the risks of any surgery before they make minor cosmetic changes to their appeaarance.
Also, TFA is reg-required (Do I really want to spend x minutes signing up & agreeing to God know what on a paper I'll never read again?). So, for your reading pleasure the story from metnews.
Lastly, shouldn't that headline read: Woman's Right to Criticize Surgeon on Website upheld -
Re:Testing the GPL in court
As in this case, for example, dealing with hidden collusion between prosecution and defendents in order to set a precedent while allowing a lesser penalty.
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It's all about Sex(.com)
Court Punts Sex.com Domain Case
4 Jan 2003
A dispute over the transfer of the domain name Sex.com may be heading
to California's highest court. In a decision published Friday ...
Tussle over sex.com
4 Jan 2003 ... names and decide whether the nation's largest domain registry must face a multimillion-dollar
damage claim from the owner of the pornographic Web site sex.com....
Supreme Court Asked to Decide Domain Name Conversion Issue
7 Jan 2003 ... true ownerâ(TM)s registration. The request is the latest turn in the
long legal battle over âoesex.com.â. The name was registered ...
News briefs from around California
4 Jan 2003 ... SAN FRANCISCO (AP) - A federal appeals court has asked California's top
court to rule on the alleged theft of the domain name sex.com.....
TECH TICKER
4 Jan 2003 ... A federal appeals court asked California's high court to resolve questions about
the sex.com domain name in a dispute over whether VeriSign's Network Solutions ...
Putting a Price on Cyber Love
20 Dec 2002 ... Although Kremen has since moved on to one of the Net's other profitable niches, and
is running the website Sex.com, he still views personals as one of the most ...