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Viacom to NY court: Scrap YouTube copyright ruling
Court Feed News | 2011/10/19 16:11

A lawyer for Viacom Inc. warned an appeals court panel Tuesday that there will be greater exploitation of copyright material on the Internet if the court lets YouTube get away with a business built on "rampant copyright infringement."

The lawyer, Paul Smith, told a three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan that a lower court judge was wrong to rule that Google Inc.'s popular video service was protected from copyright infringement claims.

"YouTube not only knew there was rampant copyright infringement on the site but welcomed it," Smith said. "These people made this kind of money on somebody else's property."

Google purchased YouTube for $1.76 billion in 2006, comfortable that it was protected by the safe harbor provision of the 1998 Digital Millennium Copyright Act. That provision shields a company from liability if they don't have actual knowledge of copyright infringement. Once notified, the company must eliminate the infringement quickly.

Google attorney Andrew Schapiro countered that YouTube follows the law and always has by taking down video when a copyright owner claims the video infringes its rights.



Arpaio to testify about failed investigations
Court Feed News | 2011/10/18 17:24
The self-proclaimed toughest sheriff in America will appear in court Tuesday to testify about his failed corruption investigations against three public officials who claim the cases were trumped up.

Maricopa County Sheriff Joe Arpaio will testify at an ally's attorney discipline hearing at a time when a federal grand jury is investigating abuse-of-power allegations against him and the U.S. Justice Department is conducting a civil rights investigation of his immigration patrols.

The politically powerful sheriff, who is being courted by four Republican presidential hopefuls for his endorsement, will testify at former Maricopa County Attorney Andrew Thomas' attorney discipline hearing.

Arpaio wouldn't face any punishment if Thomas is found to have violated ethical rules, but the hearing could provide the first official comment from the state's legal establishment on whether the investigations were valid.

Lawyers pressing the discipline case said that the officials, judges and attorneys who crossed Arpaio and Thomas in political disputes were often targeted for investigations and, in some cases, were criminally charged.


Utah man charged with threatening air marshals
Court Feed News | 2011/10/15 16:18
A Utah man has been charged in federal court after authorities say he threatened to shoot air marshals, hijack the flight and urinate in the cabin of a Delta Airlines plane en route from Amsterdam to Detroit.

During a Thursday appearance in U.S. District Court in Salt Lake City, a judge allowed Jared L. Hansen to remain free pending a Nov. 7 hearing in Detroit. Hansen was ordered to surrender his passport and abstain from drinking alcohol, among other conditions.

He didn't return a telephone message seeking comment Thursday, and no attorney was listed for him in court records.

Hansen, 31, was aboard an Oct. 4 Delta Airlines flight from Amsterdam to Detroit when authorities say he attempted to use the bathroom in the business class section of the cabin. Members of the flight crew asked him to either return to his seat or use the facilities in the rear of the cabin, but he refused, according to a criminal complaint filed in U.S. District Court in Detroit.

Hansen, who was believed to be heavily intoxicated, then threatened to urinate in the cabin and exposed himself, authorities said.


NY motorist pleads not guilty in fatal Amish crash
Court Feed News | 2011/10/14 11:08
A motorist arrested after a wreck that killed six Amish farmers in rural upstate New York pleaded not guilty Friday to aggravated vehicular homicide and manslaughter charges.

Steven Eldridge entered his plea in Penn Yan, his hometown in the Finger Lakes region. The former garbage collector didn't speak during his arraignment in Yates County Court.

The 42-year-old Eldridge also was arraigned on a charge of driving while impaired by drugs, a misdemeanor.

No relatives of the victims or the seven Amish injured in the crash appeared during Eldridge's 15-minute court appearance.

Authorities said his car sideswiped a van carrying 13 Amish farmers from neighboring Steuben County on a Finger Lakes tour on July 19. The Amish van careened into a slow-moving tractor traveling a country road in Benton, 45 miles southeast of Rochester.

Five farmers were killed, and a sixth later died of her injuries.

Police say Eldridge was driving in the town of Benton when he passed the tractor on a curve and ran into a van carrying 15 people, 13 of them Amish who were visiting local farms. Rescuers struggled for hours to free victims from the wreckage lodged under the tractor.


High court looks at routine strip searches in jail
Court Feed News | 2011/10/12 14:54

The Supreme Court is grappling with the question of whether jailers need a reason to suspect someone may be hiding a weapon or drugs before subjecting the person to an invasive strip search.

The court on Wednesday heard arguments concerning just how close jail guards can get to inmates who forced to undress and shower — and how thorough those searches can be. The issues arose in the case of Albert Florence, who was arrested on a warrant for an unpaid traffic fine and strip-searched in two county jails.

Corrections and the Obama administration back a policy that allows close searches of anyone entering the general jail population. Lawyers for Florence argue that while people brought in on minor charges can be asked to disrobe and shower while being watched at a distance, they should not have to submit to a more thorough search without reason.



Court won't hear appeal from Alamo followers
Court Feed News | 2011/10/11 16:20
The Supreme Court won't hear an appeal from followers of evangelist Tony Alamo (uh-LAHM'-oh) who had their children taken away when they wouldn't agree not to expose them to the controversial ministry.

The high court on Tuesday refused to hear an appeal from several Alamo followers, who sued the Arkansas Department of Human Services after their children were taken away in 2008.

Prosecutors won sexual abuse convictions against Alamo in 2009. Social workers feared the children might someday be abused, and told the parents to break their financial dependence on Alamo's ministry. The parents refused.

The Arkansas Supreme Court ruled that the taking of the children was not a barrier to the parents' constitutional rights to practice religion.


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