Month

October 2011
In a new phase of the decades-long feud over the degradation of the Great Lakes, Michigan has sued Illinois again, this time over Michigan’s worries about “the threatened invasion of the Great Lakes by injurious fish species — resulting from the Lake Michigan diversion project created and as now maintained by Illinois, the [Metropolitan Water Reclamation...
Read More
Techdirt asks: Can A Monkey License Its Copyrights To A News Agency? and David Post explains why the answer must be yes.   Apparently, David Slater, a well-known nature photographer, left his camera on the ground in an Indonesian national park, and a macaque monkey walked over and snapped a bunch of photos, including this (remarkable!) self-portrait:...
Read More
Chest bump to the Tenth Circuit, chest bump to the 2001 roadless rule.  The biggest remaining swath of unprotected wild America is now, finally, protected. The appeals court reinstated the rule, which blocks logging and road construction on 49 million acres of public forests. In a mammoth 120 page opinion, the court overturned a Wyoming federal court’s...
Read More
On Friday, the First Circuit upheld the $1.5 million damages award in Carlos Osorio table saw case.  Osorio, a carpenter untrained in the table saw, lost his hand to a Ryobi table saw after removing all of the saw’s safety features.  The decision was made because Ryobi had neglected to incorporate flesh-sensing brake technology into...
Read More
A Norfolk U.S. District Court reverses a criminal conviction for “unauthorized removal” of personal property, for a woman who cut a length of rope from a beached fishing vessel at Chincoteague National Wildlife Refuge, and took a life preserver from the boat, the Freda Marie, that was floating nearby. Tait v. U.S. (VLW 011-3-037) (31 pp.)
Read More
Does a particular green policy create more jobs than it destroys? A policy is green if it lowers our use of resources and/or environmental impact.  If a green policy is also a net creator of jobs, everyone should agree that it is a good policy. It should be implemented.  End of story.  Green policies which...
Read More
  Musicians! Check out this survey from the Future of Music Coalition.  The study tracks artist revenue streams in the post-Napster era, and captures the ways in which US musicians generate income from songs, recordings, or performances. Obviously, this is not your grandpa’s music industry.  The past ten years transformed the ways in which music created...
Read More
A new copyright and trademark parody case, CCA and B, LLC v. F + W Media, Inc. (N.D. Ga. Sept. 22, 2011), finds that the parody Elf off the Shelf  likely does not infringe the copyright or trademark in plaintiff’s Elf on the Shelf.
Read More
Let’s talk about this.  From the beginning, there was no private ownership of water.  Under Roman law, tidewaters (like rivers and seas) and submerged lands (stream beds and shoreline) were community property, held in trust by the state for the benefit of the public.  This approach to water management endured for most of human history....
Read More
After 11 hours of deliberation, an Italian jury overturned the conviction of Amanda Knox and Raffaele Sollecito in the murder of Meredith Kircher, Knox’s former roommate.  Knox testified in her own defense in the appeal (which is allowed in Italy; the appellate court can revisit the facts). She told the eight-member jury, in Italian, “I’m not a promiscuous vamp. I’m...
Read More
1 2