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If there’s any question as to whether the officers subduing Octavius Johnson (who was apparently asking why a vehicle was being towed) applied excessive force (looks like the officer gets a few swings in before other witnesses arrive), it was answered by the 20+ cops who stormed the house (without a warrant, obviously) in order to seize and destroy the footage of the arrest contained in Jaquez Johnson’s cell phone. The fact that their wheelchair-bound aunt was thrown to the ground during this altercation is nothing more than a side effect of her inadvertently being between dozens of cops and the person they were pursuing.

The cops that stormed the Johnson house to destroy evidence failed to comprehend that everyonehas a camera these days — like, say, the neighbor across the street who obtained this footage of the excessive force and the blitzkrieg of Omaha cops that followed.

double red triangle arrows Continue reading “ACLU Sues City Of Omaha, 32 Police Officers For Use Of Excessive Force, Warrantless Search And Seizure”

As they do every year, unfortunately, the good folks at the Center for the Study of the Public Domain at Duke have put together a depressing list of what should have entered the public domain yesterday. As you hopefully know, until 1978, the maximum amount of time that work in the US could be covered by copyright was 56 years (you initially received a 28 year copyright term, which could be renewed for another 28 years). That means, back in 1957, everyone who created the works in that list knew absolutely, and without a doubt that their works would be given back to the public to share, to perform, to build on and more… on January 1, 2014 at the very latest. And they all still created their works, making clear that the incentive of a 56 year monopoly was absolutely more than enough incentive to create.

And yet, for reasons that still no one has made clear, Congress unilaterally changed the terms of the deal, took these works away from the public, without any compensation at all, and will keep them locked up for at least another 40 years. At least.

double red triangle arrows Continue reading “The Grinch Who Stole The Public Domain”

John Yoo, who famously wrote the legal rationale for allowing the US government to torture people, has already defended the NSA’s activities, arguing that it takes too long for the NSA to obey the Constitution, so it shouldn’t have to. Given that, it was hardly a surprise to see his reaction to the recent ruling saying that the NSA’s bulk metadata collection program was likely unconstitutional and should be stopped. Yoo is… not a fan of this ruling. In fact, he uses it to rail against judges daring to make any determination about whether or not something violates the 4th Amendment. According to him (and only him) that’s the job of Congress, not the courts….

double red triangle arrows Continue reading “Author Of Torture Memo Says Judges Are Too Out Of Touch To Determine If NSA Violated The 4th Amendment”


We were just talking about the latest efforts to remove termination rights from musicians (and other artists), and a number of termination rights battles are still ongoing. Most of the existing ones are slightly different from the ones we’re talking about — and it gets pretty down in the weeds technically. In short, there are different rules for works created prior to 1978 and those after 1978. Most of the focus is on the termination rights for works created after 1978 — though there are some interesting ongoing battles concerning works created prior to 1978… including that song you just can’t stop hearing this time of year: Santa Claus is Coming to Town.

double red triangle arrows Continue reading “Santa Claus Is Coming To Town… And EMI Is Keeping The Copyright”

We’ve written a few times recently about the importance of ECPA reform, to bring a woefully out of date law into the 21st century. Specifically, we’ve urged people to sign this White House petition in favor of ECPA reform. That petition closes soon, and it’s still a bit short of the 100,000 goal.

Why is this important to you? Because, without it, it’s much easier for the government to snoop on your emails without a warrant. What people want is for emails and regular mail to be treated the same, which is simply not the case today.

double red triangle arrows Continue reading “If You’re An American Who Believes In The 4th Amendment, You Have No Excuse Not To Sign This Petition”

Lindsay Lohan, everyone’s favorite train-wreck, sure seems to come up in the world of intellectual property an awful lot. I’m not sure if this is because she has some over-inflated sense of entitlement, or if she’s just the devil-incarnate here to entertain me personally, but she’s gotten angry about being mocked in music, angry about a talking baby being named Lindsay (and being a “milkaholic”), and angry at the invention of the video camera for showing her stealing stuff that didn’t belong to her.

double red triangle arrows Continue reading “Lindsay Lohan Is Reportedly Asking Her Lawyers About Going After GTA5 For Non-Portrayal”

In these highly charged political times, you tend to hear the term “nanny state” thrown around quite a bit. Whether it’s the mayor of a major US city lovingly playing psy-ops with citizens on vices like cigarettes and soda, or an otherwise sane nation keeping its citizens safe from the horrors of accurately depicted street view maps, the general impression is that the government in question doesn’t think enough of its own people to allow them to live out their lives as they choose. And, while a simple stroll down the street might cause me to have some sympathy with their premise, most of us tend not to believe that our governments should be in the business of social-engineering our free choices (even though that’s essentially the business they’re in).

But sometimes a nanny state action moves beyond the mildly frustrating and into the realm of the hilarious. Reader btr1701 writes in about one such instance, in which the government of Sweden is engaging in some manner of performance art on the silliness of over-regulation by the government.

double red triangle arrows Continue reading “Sweden Insists On Fire Alarms On Hotel Made Of Ice”

The ongoing legal fight, in which a bunch of US tech and internet companies — namely Google, Facebook, Microsoft, Yahoo and LinkedIn — are suing the US government, claiming a First Amendment right to publish some details on the number of requests they get from the NSA under Section 702 of the FISA Amendments Act, as well as the number of users impacted by those requests, is getting ever weirder. The government had filed its response back at the end of September. And, you might notice, large portions of it are totally redacted. For example, here is page 13 of the document (though, numbered page 8):

double red triangle arrows Continue reading “DOJ Refuses To Let Tech Companies See Legal Arguments It’s Making Against Them”

I’m always amazed when lawyers send clearly bogus DMCA notices. It shouldn’t be hard to figure out that doing so ends badly. I’m doubly surprised, however, when it comes from big companies that should know better. And, I’m quadruple surprised when one of these companies that should know better sends a completely bogus DMCA notice to a company that absolutely understands why the notice is bogus, and is also in a position to make the world know all about a company’s bogus DMCA notice. That’s what we have here. You see, this morning, Office Depot decided to send a DMCA to Reddit.

Yes, to Reddit….

double red triangle arrows Continue reading “Office Depot Sends World’s Worst DMCA Notice To Reddit”

Look at all those poor patents…

Unfortunately, I have no link on this one, because someone sent me a copy of an article that is either not online or only behind a paywall somewhere, but at a recent AIPLA (American Intellectual Property Law Assocation) meeting, Judge Randall Rader, the chief judge of the Court of Appeals for the Federal Circuit (CAFC), which handles all patent appeals, apparently complained about “vague language” in the most recent update to patent law, the America Invents Act, to have the US Patent Office’s (USPTO) Patent and Trademark Appeal Board (PTAB) review more patents to dump bad ones. The recently proposed patent reform bill from Rep. Bob Goodlatte would expand this program. Now, anyone who recognizes the importance of getting rid of bad patents, knowing how bad patents can make the overall problem worse, should support this. But, not Judge Randall Rader. He compares it to genocide.

double red triangle arrows Continue reading “Chief Judge Of Patent Court Compares Killing Bad Patents To Genocide”

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