Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Sunday, December 30, 2007

Thanks for Clearing that Up.

Well as reported in this Washington Post artice, the RIAA has cleared up just what they mean in that warning. In a brief filed recently, they assert that you are violating the rule if you buy a cd and put a copy of the tracks on your own computer for your own personal use.

Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.

The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.

Thursday, April 19, 2007

More Fetus Fealty

Not much of a comment from me on this (See below), but follow the link above and see a great article by one of my favorite legal columnists, Dahlia Lithwick. She delivers a very interesting read on the recent abortion case decided by the Supreme Court. here's a snip:

And then Kennedy quickly returns to the business of grossing us out. With a stirring haiku about how "respect for human life finds an ultimate expression in the bond of love the mother has for her child," the justice interpolates himself between every one of those mothers and every child she might ever bear. Without regard for the women who feel they made the right decision in terminating a pregnancy, he frets for those who changed their minds. ("It seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained.") (The "infant," not the "fetus.") As both the dissenters and my colleague Emily Bazelon

have pointed out, this portrayal of a rampant epidemic of regretful women may or may not be scientifically accurate. (The American Psychological Association doesn't think so.) But even if the numbers of women who would truly choose differently if they could choose again are larger than most of the medical literature indicates, one might question whether such women should be the pole star of national abortion policy.

Nobody disputes that whether or not they decide to go through with an abortion, women face a heart-wrenching choice. But for Kennedy only those women who regret the decision to abort illuminate some deeper truth. And Kennedy's solution for these flip-flopping women is elegant. Protect them from the truth. "Any number of patients facing imminent surgical procedures would prefer not to hear all details," he concedes. "It is, however, precisely this lack of information concerning the way the fetus will be killed that is of legitimate concern to the state." In Kennedy's view, if pregnant women only knew how abhorrent the procedure was, they'd always opt to avoid it. But as Justice Ruth Bader Ginsburg points out in dissent, Kennedy doesn't propose giving women more information about partial-birth abortion procedures. He says it's up to the Congress and the courts to substitute their judgment and ban the procedures altogether. ("I'm sorry Bianca, there is a procedure out there that may be safer for you, but some day, you will thank me for sparing you from it.")

Wednesday, April 18, 2007

Posturing for the Fetus

Have you heard of "partial birth abortion"? well, that term is not a medical term. it's made up by abortion opponents so that they can have a strawman procedure to 'ban'. this gets the
public used to the idea of banning abortion procedures. the procedure is extremely rare and virtually never used as anything but a last result. More to the point, it is usually ONLY used when something is going seriously wrong.

The legislature has attempted to ban certain late term abortions, termed 'partial birth abortions', but always failed due to the unwillingness to include exceptions for the health of the mother. Even President Clinton said he would have signed off on the ban had the exceptions for the mother's life been made. Previously, the US Supreme Court struck down the laws because they always lacked this exemption. I have yet to see whether there are any preserved exemptions for the mother's life. if not, the court has just reversed itself.

WASHINGTON (AP) - The Supreme Court upheld the nationwide ban on a controversial abortion procedure Wednesday, handing abortion opponents the long-awaited victory they expected from a more conservative bench.

The 5-4 ruling said the Partial Birth Abortion Ban Act that Congress passed and President Bush signed into law in 2003 does not violate a woman's constitutional right to an abortion.

The opponents of the act "have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases," Justice Anthony Kennedy wrote in the majority opinion.

The decision pitted the court's conservatives against its liberals, with President Bush's two appointees, Chief Justice John Roberts and Justice Samuel Alito, siding with the majority.

Justices Clarence Thomas and Antonin Scalia also were in the majority.

It was the first time the court banned a specific procedure in a case over how - not whether - to perform an abortion.