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Legal Commentary

LawPundit

Covers Constitutional and Intellectual Property (copyrights, patents, trademarks) Law, Information Technology, Telecommunications, Internet and New Media, and business-related legal issues from a American and European perspective. Sports (especially college football), Lifestyle (especially the wine business), and Ancient History (especially Legal History)-- all from a broadly defined legal and evidentiary point of view-- round out the picture.
By Andis Kaulins

Post Frequency: 5.6/day

Last Entry: October 15, 2020 at 17:20:01

popurls®, A Buzz Aggregator with a Business Edition

Posted on May 26, 2010
One of the major problems faced today is information overflow and knowledge management.A user arrived recently on LawPundit via popurls®, a popular buzz aggregator, so we thought we would take a look at it, also the popurls® brown edition for business, which aggregates some of the major players in news publishing...

View from the Bleachers : Brutal Humor in a Humorless World

Posted on May 26, 2010
Brutal humor, if destruction can such be named. Take a look atView from the Bleachers by Tim Jones, who informs us that:"I am on a quest to find the meaning of life. I am on a personal search for signs of intelligent life in the universe, beginning with my neighborhood...

Latvian hacker exposes fat cats: News24: Sci-Tech: News

Posted on May 26, 2010
Latvian hacker exposes fat cats: News24: Sci-Tech: News

Ancient Inventions: Patentable? From Teosinte to Maize : The Single Domestication of Corn in the Balsas Valley of Southern Mexico 9000 Years Ago

Posted on May 26, 2010
Corn is such an important modern crop that we thought we would include this posting about the ancient "invention" of maize. Patentable? Tracking the Ancestry of Corn Back 9,000 Years - NYTimes.com This is a delightful article by Sean B. Carroll tracing the history of maize as it developed out of a single domestication of teosinte in ca...

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Latvian musicians take New York?s finest stages by storm - Learn Latvian Online

Posted on May 26, 2010
On the world stage there is no doubt that people of Latvian origin seem to excel best in the artistic world. Perhaps the LawPundit should sing his postings as podcasts.See e.g. Latvian musicians take New York?s finest stages by storm - Learn Latvian Online

Betting on Bilski: The Supreme Court and Biotechnology Patents

Posted on May 25, 2010
Betting on Bilski: The Supreme Court and Biotechnology Patents

1. Nebraska (1995) | The 10 Greatest College Football Teams of All Time | Bleacher Report

Posted on May 25, 2010
1. Nebraska (1995) | The 10 Greatest College Football Teams of All Time | Bleacher Report

Foods, Drugs and Public Health : New Safety Reporting Portal : Mandatory and Voluntary Reports

Posted on May 25, 2010
Safety Reporting Portal Launched Online: "On May 24, 2010, the Food and Drug Administration (FDA) and the National Institutes of Health (NIH) launched a new Web site for industry to report food safety problems or adverse events involving FDA-regulated foods (except for dietary supplements and infant formula), animal feeds, and animal drugs...

Elena Kagan and her Law School Grades : What Could Be More Irrelevant?

Posted on May 25, 2010
At the New York Times in Kagan Struggled in First Term at Harvard Law Charlie Savage and Lisa Faye Petak discuss Kagan's law school grades. How irrelevant is that? I recall well Professor Jack Harlan Friedenthal telling us the anecdote in my law school days that " 'A' students become professors, 'B' students go into government, and 'C' students make all the money...

U.S. Supreme Court Justices Scalia and Breyer at Capitol Hill on Twitter and Elena Kagan (AP, Huffington Post, plus Video)

Posted on May 25, 2010
Supreme Court's Scalia, Breyer Talk Twitter, Friendship With Elena Kagan During Capitol Appearance (VIDEO below)

New Lexis and Bloomberg Law as Competition for WestLawNext : Legal Research Search (LRS) Enters a New Era

Posted on May 25, 2010
Jill Schachner Chanen at the ABA Journal in Exclusive: Inside the New Westlaw, Lexis & Bloomberg Platforms already announced in January of this year the coming war in the battle for legal research dollars, as "legal research" metamorphizes into full-blown "legal research search"...

Patent Wars : Unknown Companies Sue Apple, Sony, Amazon, Netflix, Wal-Mart, etc. for Patent Infringement

Posted on May 25, 2010
At ars technica Chris Foresman in Apple faces patent suits over iTunes Store, Safari, Mac OS X points to a number of recent suits that have been filed in "patent law suit friendly" Texas federal districts by unknown companies claiming patent infringement of their obscure patents by big mainstream corporations (who are sued because that's where the money is)...

Are Twitter Tweets Subject to Copyright Protection?

Posted on May 25, 2010
At Lexology, Lisa M. Martens and Alexander J.A. Garcia of Fish & Richardson PC inCan I infringe on your tweet? examine whether tweets might be considered subject to copyright.They suggest that exceptional truly "original" creative tweets might be copyrightable, but that 99% of the ca...

Close Call. German Lawmakers Approve Financial Rescue Package

Posted on May 25, 2010
Nicholas Kulish of the New York Times at German Lawmakers Approve Rescue Package writes:"It was an uncomfortably close call for [German Chancellor] Mrs. Merkel. The [German rescue] bill passed by a margin of just seven votes, with half a dozen members of her conservative coalition voting against it...

Thumbnails in Google Image Search Do Not Infringe Copyrights in Germany

Posted on May 24, 2010
The Federal Court of Justice in Germany (also sometimes called the Federal Supreme Court), the German Bundesgerichtshof (BGH), is Germany's highest appeals court in non-constitutional matters. There is a different, special Federal Constitutional Court, the Bundesverfassungsgericht, for constitutional cases...

Bilski Rumors Suggest Delay is Caused by a Search for Court Unanimity

Posted on May 24, 2010
Is the delay in Bilski caused by the U.S. Supreme Court seeking to get as much unanimity on the decision as possible before issuing a majority opinion? See Visae Patentes: Further Bilski RumorsOr is the decision already of longer standing and merely awaiting issuance as Justice Stevens' last opinion before retirement? That is the version we prefer as an explanation, though it is pure speculation.

Who is In Charge of Democratic Party Discipline in Hawaii? Republicans win House Seat in Democrat-heavy Hawaii as Two Democratic Candidates Split Vote

Posted on May 23, 2010
Republicans win House Seat in Democrat-Heavy Hawaii | Reuters We're political centrists, but were amazed to see that Republican Charles Djou won a three-way vote in a special election for a vacant congressional seat by garnering only 39.5 percent of the total vote in a heavily Democratic State as two Democratic candidates, former Congressman Ed Case with 30...

Patent Law Catastrophe in Germany: Highest German Appeals Court Declares Software Patents which Solve a Technical Problem Legal

Posted on May 23, 2010
Germany's highest appeals court just ok'd patents for "automated document generation" by a computer. Tell us it is not true. Alas, it is true. You would have thought that the German court would have had the wisdom to at least await the Bilski decision, but no, they press on...

WLN - WestLawNext Legal Research : "Standard" Westlaw now updated by the New WestLawNext (WLN)

Posted on May 23, 2010
At Plaintiff magazine in Westlaw's new upgrade, Jeffrey Isaac Ehrlich provides a Report of an early adopter of WestLawNext (WLN) Legal Research, which is a new, updated version of Westlaw, with the latter now called "Standard Westlaw". Read the details at Plaintiff magazine...

Environmental Protection and Politics : Per Capita Gasoline Consumption by State Correlates with Presidential Election Voting in 2008 with Republican States Using More Gasoline Per Capita and Democratic States Less

Posted on May 21, 2010
Take a look here at environmental protection and Presidential election politics from a different angle and with a new twist. While testing the new "Google Reader Play" we ran across the Infrastructurist.com by Martha Kang Mcgill, who presents a gasoline per capita consumption map of the United States by individual State, a map which looks curiously similar to a New York Times map of the 2008 Presidential election results by State in the United States, which we had archived in our memory...

The Best Countries To Do Business In (PHOTOS)

Posted on May 21, 2010
The Best Countries To Do Business In (PHOTOS)

At the Washington Post - Speeches and writings show fuller picture of Kagan

Posted on May 20, 2010
At the Washington Post, Julie Hirschfeld Davis points out that Speeches and writings show fuller picture of Kagan.

Peter Thiel, the Stanford Law School Connection to Facebook: PayPal Founder was First Angel Investor in Facebook

Posted on May 20, 2010
What makes a successful company? Money helps. We were reading up on Facebook and discovered that the first Angel Investor to invest in Facebook (in 2004, when Facebook was just a small operation running out of an apartment) was Peter Thiel, a 1992 Stanford Law School graduate...

2nd Circuit applies Patent Injunction Standard of eBay v. MercExchange to Copyright Infringement: Injunctive Relief granted Only Upon Establishment of Irreperable Harm

Posted on May 20, 2010
Lexology in Don?t presume anything: copyright holders must establish irreparable harm to be entitled to an injunction has an article by Joel D. Leviton, Amy L. Brosius and Kristen McCallion of Fish & Richardson PC regarding an important decision by the Second Circuit Court of Appeals which applies the patent injunction standard of the U...

The "Right" to Anonymity and Free Speech Limitations

Posted on May 20, 2010
Jonathan Turley, author of Registering Publius: The Supreme Court and the Right to Anonymity, reports in Pennsylvania Attorney General Tom Corbett Issues Subpoenas To Strip Anonymity From Critics that: "Pennsylvania Attorney General Tom Corbett has subpoenas to learn the identity of two critics on Twitter who chastised Corbett for his ?Bonusgate? investigation of legislative corruption...

EU Digital Agenda Foresees Higher R&D Investment in Information and Communication Technology (ICT)

Posted on May 20, 2010
As reported at CORDIS News, the European Union Digital Agenda unveiled on May 19, 2010, "focuses on more investment in research and development (R&D)" in the EU. By way of comparison, for example, the US earmarked ?88 billion Euros for information and communication technology (ICT) in 2007 as compared to ?37 billion in the European Union...

European Union (EU) Commission Unveils Digital Agenda to Boost Prosperity and Well-Being in Europe

Posted on May 20, 2010
EUROPA - Press Release:Digital Agenda: Commission outlines action plan to boost Europe's prosperity and well-being"[Abstract ]Implementing the ambitious Digital Agenda for Europe unveiled today by the European Commission would contribute significantly to the EU's economic growth and spread the benefits of the digital era to all sections of society...

FDA Regulation of Nanothech : Are Changes in the Offing?

Posted on May 20, 2010
Ricardo Carvajal of Hyman, Phelps & McNamara, P.C. at the FDA Law Blog asks about FDA?s Regulation of Nanotech: a Change in the Wind?

A New Financial Culture of Stability Foreseen by Germany which Forges Ahead on Reforming the Eurozone

Posted on May 20, 2010
Germany Forges Ahead on Reforming the Euro - SPIEGEL ONLINE - News - International reports inter alia: "Berlin means business. In addition to pushing for increased regulation of hedge funds and of the financial markets, Chancellor Angela Merkel's government has drafted a list of proposals to revamp the European common currency...

Japanese Patent Standards and Revised Examination Guidelines for Medical Inventions

Posted on May 19, 2010
At Patent Baristas, the guest posting Revised Japanese Examination Guidelines for Medical Inventions by Guest Baristas Toyomi Ohara and Sara Rosengard discusses the details of the fact that: "The Japanese Patent Office (?JPO?) introduced a revised version of the ?Examination Guidelines for Medical Inventions,? in October of 2009...

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