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Federal court green-lights remote storage DVR
Lawyer Blog News | 2008/08/05 11:26
In a decision sure to affect millions of cable television subscribers, a federal appeals court Monday gave a green light to Cablevision Systems Corp.'s rollout of a remote-storage digital video recorder system.

In overturning a lower court ruling that had blocked the service, the 2nd U.S. Circuit Court of Appeals in Manhattan said the judge wrongly concluded that Cablevision, rather than its customers, would be making copies of programs, thereby violating copyright laws.

The next-generation technology would let any cable subscriber with a digital cable box store TV shows on computer servers rather than on a hard drive in their home.

Cablevision's system was challenged by a group of Hollywood studios that claimed the remote-storage DVR service would have amounted to an unauthorized re-broadcast of their programs. A lawyer for the studios did not immediately return a call for comment.

Cablevision, in arguing that control of the recording and playback was in the hands of the consumer, had relied on a landmark 1984 Supreme Court case which found Sony Corp. did not break copyright laws by letting viewers use videotape recorders to record shows for personal use.

Craig Moffett, a senior cable analyst at Sanford C. Bernstein, said the ruling "sent shock waves to every corner of the media landscape" by taking the availability of DVR-like function from 25 percent ot U.S. homes to nearly 50 percent.

That means many more viewers would be taping shows and watching them at their leisure, likely skipping many commercials. The ad-zapping ability of DVR devices has broadcasters and advertisers worried that fewer people will watch commercials.

The case has been closely watched in the industry as cable companies increasingly offer digital video recording services to their customers, and Moffett said it was likely to end up at the U.S. Supreme Court.



German court orders treatment over pope incident
Legal World News | 2008/08/05 10:25
A court ordered a German who jumped a security barrier and grabbed hold of Pope Benedict XVI's popemobile last year in the Vatican to undergo treatment but stopped short of sending him to a psychiatric hospital.

Security guards swiftly tackled and pinned the man to the ground following the incident in St. Peter's Square in June 2007.

The 28-year-old, who suffers from a bipolar disorder, was put Monday on four years' probation, the Waldshut-Tiengen state court in southwestern Germany said in a statement.

To avoid being sent to a psychiatric hospital during that period, he must begin psychotherapy and continue with medication he is already taking and undergo regular checkups, the court said.

He also was banned "categorically" from consuming alcohol and drugs, and must undergo regular urine tests, the court said. The man was not identified in the statement, in keeping with German court practice.

It said the man's health has "stabilized significantly" over the year since the incident, and that the conditions attached to Monday's verdict should encourage a further improvement.

The German-born pontiff was not harmed in last year's incident and appeared not to have even noticed. He did not look back and kept on waving and blessing the crowd.



Man accused of Wis. river killings in court soon
Court Feed News | 2008/08/04 15:22
Wisconsin authorities say a man accused of killing three teens swimming in a river and wounding a fourth person is expected in court Monday or Tuesday.

Marinette County Chief deputy Jerry Sauve (SOH'-vee) says it's unclear whether charges will be filed against 38-year-old Scott J. Johnson before that court appearance.

Johnson is accused of shooting the four as they swam in the Menominee River on Thursday. Authorities don't know why the four were shot.

A 24-year-old woman has alleged that Johnson sexually assaulted her at the same site one day earlier. Johnson hasn't been charged in that case and authorities aren't sure whether it's related to the shootings.



Texas defies World Court, Bush on execution
Lawyer Blog News | 2008/08/04 15:21
The planned execution this week of a man convicted in one of Houston's most brutal murder cases in a generation has become among the most contentious in the state that has the nation's busiest capital punishment system.

International attention has been focused on the execution of convicted killer Jose Medellin scheduled for Tuesday. The International Court of Justice, also known as the World Court, said the Mexican-born Medellin and some 50 other Mexicans on death row around the nation should have new hearings in U.S. courts to determine whether a 1963 treaty was violated during their arrests.

Medellin, now 33, is the first among the 50 who is set to die.

His attorneys contend Medellin was denied the protections of the Vienna Convention, which calls for people arrested to have access to their home country's consular officials. He has been in the United States since the age of 3.

"The United States' word should not be so carelessly broken, nor its standing in the international community so needlessly compromised," Medellin's attorneys said, seeking a reprieve in a filing late last week with the U.S. Supreme Court. The high court had not issued any ruling as of Sunday.

President Bush has asked states to review the cases. Texas has refused to budge.

The U.S. Embassy in Mexico warned of possible protests there Tuesday.

Medellin's lawyers went to the Supreme Court after the Texas Court of Criminal Appeals, the state's highest criminal court, refused to stop the lethal injection. The justices ruled in March that neither the President nor the international court can force Texas' hand.



The Rosen Law Firm Announces a Shareholder Class Action
Class Action News | 2008/08/02 15:26
The Rosen Law Firm today announced that a class action lawsuit has been filed on behalf of purchasers of SemGroup Energy Partners, L.P ("SemGroup" of "Company") (Nasdaq:SGLP) securities during the period from February 20, 2008 through July 17, 2008, including purchasers of SemGroup units sold through the Company's February 13, 2008 secondary offering (the "Class Period").

To join the SemGroup class action, go to the website at http://www.rosenlegal.com or call Laurence Rosen, Esq. or Phillip Kim, Esq. toll-free at 866-767-3653 or email lrosen@rosenlegal.com or pkim@rosenlegal.com for information on the class action.

NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY ALSO REMAIN AN ABSENT CLASS MEMBER.

The complaint asserts that the Company's parent was at high risk for financial problems due to its investment in risky crude oil hedge transactions during the Class Period. The complaint also asserts that the Company was engaged in improper self-dealing transactions with its parent in an effort to support the Company's parent. On July 17, 2008 it was revealed that the Company's parent filed a voluntary petition for reorganization under Chapter 11 of the Bankruptcy Code due to lack of available funds. As a result of these adverse disclosures the complaint asserts that SemGroup's investors were damaged.

A class action lawsuit has already been filed on behalf of SemGroup shareholders. If you wish to serve as lead plaintiff, you must move the Court no later than September 19, 2008. If you wish to join the litigation or to discuss your rights or interests regarding this class action, please contact plaintiff's counsel, Laurence Rosen, Esq. or Phillip Kim, Esq. of The Rosen Law Firm toll free at 866-767-3653 or via e-mail at lrosen@rosenlegal.com or pkim@rosenlegal.com.

The Rosen Law Firm represents investors throughout the nation, focusing its practice in securities class actions.

More information on this and other class actions can be found on the Class Action Newsline at www.primenewswire.com/ca.



Court: Christian fraternity must be recognized
Lawyer Blog News | 2008/08/01 18:31
A federal appeals court has ordered University of Florida officials to recognize a Christian fraternity.

Judges from the 11th U.S. Circuit in Atlanta issued an injunction Wednesday ordering the action while a discrimination lawsuit filed by Beta Upsilon Chi against the school moves forward.

The fraternity hasn't been allowed to join the off-campus system of fraternities and sororities because its rules bar religious discrimination. The fraternity requires its members to be Christians.

The fraternity's lawsuit claims the fraternity is deprived of official benefits given to other groups, including access to meeting space and the ability to advertise and recruit members on campus.



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