September 13, 2010 Nº 956 - Vol. 8
"Comedy, we may say, is society protecting itself - with a smile."
J. B. Priestley
Insider's view: see how local concerns shape up the global world. Read the daily press review in Migalhas International.
_____________
Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica
_____________
Ninth Circuit rules software reseller cannot invoke 'first sale doctrine' in copyright suit
A panel of the US Court of Appeals for the Ninth Circuit ruled Friday that a second-hand software merchant may not invoke the first sale doctrine as a defense in copyright litigation when the software licensing agreement (SLA) specifies that the distributor maintains ownership of the software. The court held that because the SLA specified that the distributor maintained ownership rights and the software user was a licensee, the merchant could not assert the first sale doctrine or essential step defense as defenses against a copyright infringement suit. The first sale doctrine is an affirmative defense to copyright infringement that allows the resale of copyrighted materials, such as software, books and films. The essential step defense allows the owners of software to copy the program where it is an "essential step in the utilization of the computer program." The court held that a software user is a licensee and not an owner of software when the copyright holder "(1) specifies that the user is granted a license; (2) significantly restricts the user's ability to transfer the software; and (3) imposes notable use restrictions." Applying this standard to the case, the court held that the merchant was a licensee and therefore could not invoke the two defenses: "Autodesk retained title to the software and imposed significant transfer restrictions: it stated that the license is nontransferable, the software could not be transferred or leased without Autodesk's written consent, and the software could not be transferred outside the Western Hemisphere. ... Thus, because Autodesk reserved title to and imposed significant transfer and use restrictions, we conclude that its customers are licensees of their copies of rather than owners. ... Therefore, Vernor did not title to the copies ... and accordingly could not pass ownership on to others. ... Vernor's sales infringed Autodesk's exclusive right to distribute copies of its work."
Before you open the door to the boardroom, peek through the keyhole!
Michael Page specializes in the placement of candidates in permanent, contract, temporary and interim positions within client companies around the world. Have a look at the new section of the Migalhas website and discover the professional development opportunities with large corporations, in legal and business fields, presented by Michael Page International. Click here to peep through the hole!
_____________
100% Migalhas: www.migalhas.com
_____________
Chinese remake the 'Made in Italy' label
Chinese laborers have turned Prato into a low-end manufacturing capital, stoking resentment. It is a "Made in Italy" problem: Enabled by Italy's weak institutions and high tolerance for rule-bending, the Chinese have blurred the line between "Made in China" and "Made in Italy." Over the years, Italy learned the difficult lesson that it could no longer compete with China on price. And so, its business class dreamed, Italy would sell quality, not quantity. For centuries, this walled medieval city just outside of Florence has produced some of the world's finest fabrics, becoming a powerhouse for "Made in Italy" chic. Chinese laborers, first a few immigrants, then tens of thousands, began settling in Prato in the late 1980s. They transformed the textile hub into a low-end garment manufacturing capital — enriching many, stoking resentment and prompting recent crackdowns that in turn have brought cries of bigotry and hypocrisy.
Jailed billionaire Huang may offer stores to Gome amid battle for control
Billionaire Huang Guangyu, fighting from jail for control of Gome Electrical Appliances Holdings Ltd., may seek to sell 400 privately owned stores to the company to increase his stake. Huang may offer to take shares or bonds in exchange for the stores, Zou Xiaochun, who works as a corporate lawyer for Gome's imprisoned founder.
_____________
Tell your friends and colleagues you've read it in Migalhas International
_____________
Turkish reform vote gets Western backing
The US and European Union have welcomed the result of the Turkish constitutional referendum. Voters in Turkey gave strong backing to a package of changes to the country's military-era constitution, which was crafted after a 1980 military coup. The changes are aimed at bringing Turkey's demnocracy more in line with the EU, which the government wants to join. This result will help PM Recep Tayyip Erdogan, who made the reform a test of his leadership, ahead of elections next year, correspondents say. With nearly all votes in the referendum counted, about 58% had voted "Yes" to amending the constitution.
Brazil rescues farm workers from slave-like conditions
The Brazilian authorities say they have rescued 95 farm workers who were being kept in slave-like conditions in two southeastern states. Forty-four workers at a sugar-cane plantation in Rio de Janeiro state were not registered and had no clean drinking water or safety equipment. Another 51 workers were rescued from similar conditions at a strawberry farm in Minas Gerais state. The employees will be compensated.
Australia outlaws pro-euthanasia TV advert
Australia has outlawed a television advertisement in favor of euthanasia - the first in many years to challenge a legal ban on the practice. In the advert, a gaunt-looking actor speaks of intolerable suffering and urges the government to listen to those who wanted to die with dignity. Regulators say it promotes suicide, which is illegal in Australia.
Iceland commission recommends charges against ex-PM over financial crisis
An Icelandic parliamentary commission on Saturday recommended that the country's former prime minister and three other former governmental ministers be tried for negligence for their roles in the country's 2008 financial crisis. The nine-member Special Investigation Committee (SIC) published a 274-page report confirming a preliminary report published in April that found the extremely negligent actions of Iceland's former prime minister Geir Haarde, former foreign minister Solrun Gisladottir, former commerce minister Bjoergvin Sigurdsson, and former finance minister Arni Mathiesen were to blame for the country's financial crisis and the collapse of three Icelandic banks. The report alleges the officials were aware of the country's ailing financial sector, but failed to take the necessary steps to mitigate the impending damages to the economy. The SIC recommended the ministers be "tried and punished" for their actions. The committee will present their findings for debate before the entire Icelandic Parliament on Monday.
Federal appeals court upholds verdict for Chevron in Nigeria protest deaths
The US Court of Appeals for the Ninth Circuit on Friday upheld a jury verdict clearing Chevron of wrongdoing in the 1998 deaths of two protesters occupying a Nigerian oil platform operated by the company. Protesters Arolika Irowarinun and Bola Oyinbo, were killed in May 1998 on Parabe Oil Platform and several others were injured when Nigerian government security forces, called in by Chevron Nigeria Limited, a subsidiary of Chevron, opened fire on the protesters. The families of Irowarinun and Oyinbo, as well as several injured protesters, subsequently filed a lawsuit under the Alien Torts Act, and Nigerian and California law in 1999 in the US District Court for the Northern District Court of California against three California-based companies owned by Chevron. During the trial, much controversy centered around whether the protests were violent and if Nigerian forces were acting in self-defense when they shot at the protesters. The jury found that Chevron was not liable for the deaths, and, on Friday, the appellate court upheld that decision. The appellate court ruled that there were no errors in jury instructions given by the trial court, the trial court properly dismissed the Alien Tort Act claims for wrongful death and survival and the Torture Victims Protection Act does not apply to corporations.
British Red Cross says teach children alcohol first aid
Children should learn first aid skills to help friends who become dangerously drunk, the British Red Cross has said. Its survey of 2,500 11 to 16-year-olds found 10% had been left with a drunk friend who was sick, injured or unconscious and 14% said they had been in an alcohol-related emergency. The Red Cross wants to promote a broad range of first aid skills, but says the effects of alcohol are a key concern.
Ninth Circuit rules tattoo parlors protected by First Amendment
The US Court of Appeals for the Ninth Circuit on Thursday invalidated a municipal ban on tattoo parlors by Hermosa Beach, California, calling it a violation of the First Amendment. The controversy initially arose when Johnny Anderson was denied a permit to open a tattoo parlor by the city, located in southern California. The city does not list tattoo parlors in its zoning code, and, as tattoo parlors must be registered under California law, the city's code in effect outlawed those establishments. The US District Court for the Central District of California granted summary judgment to the city when Anderson filed his original suit. In arriving at its decision, the Ninth Circuit first held that tattooing is an expressive activity, not merely conduct with an expressive component. Based on that holding, the court further held that tattooing was subject to only reasonable time, place or manner restrictions, and the city's ban was not narrowly tailored to the city's interest in protecting public health and did not leave open alternative channels of communication. The court concluded: "The City's total ban on tattoo parlors in Hermosa Beach is not a reasonable "time, place, or manner" restriction because it is substantially broader than necessary to achieve the City's significant health and safety interests and because it entirely forecloses a unique and important method of expression. Moreover, no genuine issue of material fact exists with respect to the constitutionality of the regulation. Thus, we hold that Hermosa Beach Municipal Code § 17.06.070 is facially unconstitutional to the extent that it excludes tattoo parlors."
Law students, display your emotional intelligence
Law students hoping to distinguish themselves should focus on more than just academic achievement. They should also display emotional intelligence, according to an article in Law.com by business development author Ari Kaplan. Law firms want to hire individuals who can show an awareness of client needs and the organization's goals, Kaplan says, and those who make a sincere effort will stand out. Among Kaplan's recommendations:
- Share ideas about how technology can help in law practice or business development.
- Tap a "core group of mentoring advisers" for advice, and attend webinars and bar association events.
- When you meet someone, follow up with an e-mail or phone call. "For instance, if during a conversation someone shares an important court date, a key client meeting or a personal event, set a reminder to ask him or her about it in a week, a month or even longer, depending on the appropriate timing," Kaplan writes. "Every interface is an opportunity. Even missed opportunities can be a great source of positive momentum in the future."
E.U. to back plan for pan-European mobile market
The European Commission is poised this week to back a plan that would divert a portion of the valuable broadcast spectrum used by television stations to mobile operators by 2013, in a bid to create an European Union-wide market for wireless broadband services.
EU Agency ends Siemens transmission systems antitrust probe
The European Commission ended an antitrust probe into Siemens AG, Europe's biggest engineering company, concerning flexible alternating-current transmission systems.
Appeals Court backs Chevron in Nigeria dispute
A federal appeals court in San Francisco has upheld a jury verdict clearing the Chevron Corp. of alleged human rights abuses during a violent 1998 protest on a company oil platform in Nigeria.
Time
A Call to Action for Public Schools. Decades into America's fight over how to improve education, a new documentary makes a compelling case for urgent reform on behalf of kids. Why Waiting for "Superman" is not just a movie but a dispatch from a revolution.
Newsweek
A War Within. Robert Gates has one last, crucial mission before he leaves office, and it's not in Afghanistan or Iraq. It's in Washington—within the hallowed halls of the Pentagon.
Business Week
The Man Who Makes Your iPhone. Foxconn founder Terry Gou might be regarded as Henry Ford reincarnated if only a dozen of his workers hadn't killed themselves this year. An exclusive look inside a postmodern industrial empire.
The Economist
Nobody's backyard. Latin America's new promise—and the need for a new attitude north of the Rio Grande.
L'Express
Sarkozy-Filla: La fin.
Der Spiegel
Das Staatsversagen - Warum Deutschland an der Integration scheiterte.
Lawyer Awaiting Word on Bail for Detained American
Asharq Al-Awsat, Pan-Arab daily, London, England
Wills of non-Muslims can now be attested at Dubai courts
Gulf News, Independent daily, Dubai, United Arab Emirates
Panel formed on Lebanon poll law
Saudi Gazette, English-language daily, Riyadh, Saudi Arabia
Turkey's ruling party triumphs in key referendum
The Daily Star, Independent daily, Beirut, Lebanon
Karzai announces council to push Taliban talks
Times of Oman, English-language daily, Muscat, Oman
Girl and father died of stab wounds
Daily Express, Conservative tabloid, London, England
Drug 'kingpin' arrested in Mexico as government hails capture as major victory over crime cartels
Daily Mail, Conservative daily, London, England
Nokia smartphone chief resigns
DMeurope, Online news portal, Amsterdam, Netherlands
TURKEY: Voters back broad constitutional amendments in referendum
France 24, Issy-les-Moulineaux, France
Labour, Cuts And Strikes
Sky News, Independent newscaster, Middlesex, England
Marksmen who shot barrister Mark Saunders retain anonymity
The Telegraph, Conservative daily, London, England
Hundreds of suspected Indonesian people smugglers jailed in A'lia
Antara News, News agency, Jakarta, Indonesia
Nato airstrike kills 14 Taliban militants
Hindustan Times, New Delhi, India
Remove Omar Abdullah; No dilution in AFSPA, says BJP
India Express, News portal, Mumbai, India
Police nab African 'Ice Queen', seize syabu worth RM250,000
Malaysian Star, Online news portal, Selangor Darul Ehsan, Malaysia
Turkey's constitutional reforms pass referendum test
People's Daily Online, English-language, Beijing, China
'UK defence cut could affect special relationship with US'
Sify News, Chennai, India
Loss Of Pension Money Cause Chrysler Bosses To Sue
Thaindian News, Bangkok, Thailand
24 injured as protesters defy curfew in Kashmir
The Hindu, Left-leaning daily, Chennai, India
BP report on Gulf oil spill met with scepticism
Caribbean360, Online news portal, St. Michael, Barbados
Amnesty International could sanction DR, lawyer warns
Dominican Today, Independent daily, Santo Domingo, Dominican Republic
Consumer confidence ticks up in third quarter
Mail & Guardian Online, Liberal, Johannesburg, South Africa
______
How are we doing?
We would like to hear from you how we perform. What you like and what we should change or add… Send us an email; we aim to please!
Tell your friends and associates…
to subscribe to Migalhas International! www.migalhas.com
Express yourself
Want to share your opinion, your experience, your questions? You are welcome to do so. This forum is yours. Please contact the editor: [email protected]
Events
We welcome information about your events or conferences to come. Please contact the editor.
Sponsors
Become a sponsor. Spread your name in the business and legal spheres around the world in Migalhas International.
Subscription
To subscribe: Register your name and your address at https://www.migalhas.com
To unsubscribe: Send your name and e-mail address to in the subject line. We will remove your name soonest.
Address changes: If you want to continue to receive Migalhas International, please make sure we have your current e-mail address.
Contact
Michael Ghilissen, editor: [email protected]
Miguel Matos, publisher: [email protected]
Please feel free to send your comments, questions and suggestions to the editor.
Your comments
We always welcome information, articles, testimonials, opinions and comments about something you've read in Migalhas International. Please forward your contributions to the editor.
Confidentiality
When you add your name to Migalhas International, you can be sure that it's confidential. We do not share, trade, rent or sell this list. Our "privacy policy" contains no fine print. No one gets our list. Period. Your e-mail address is safe with us.
Sharing Migalhas International
If you'd like to share this Migalhas International with friends and colleagues, feel free to forward this issue including the copyright notice. Or, invite them to subscribe so they receive their own Migalhas International every week.
Sources
The content of the Miglhas International newsletter is edited for purposes of news reporting, comments and education from several sources, including: The New York Times, The Wall Street Journal, The Boston Globe, The London Times, Le Monde, Frankfurter Allgemeine, The Financial Times, Radio Netherlands Worldwide, Google News, International Herald Tribune, Paper Chase (jurist.law.pitt.edu), The World Press Review: https://www.worldpress.org, Forbes, Fortune, Time, Newsweek, Harvard Business Review, American Bar Association, American Lawyer Media, FindLaw.com, The National Law Journal, Reuters, Associated Press, Internet Business Law Services, Folha de S. Paulo, O Estado do S. Paulo, Lexis Nexis, West Law, CNN, The Globe and Mail, The Los Angeles Times, Wikipedia and more.
Fair use notice
This newsletter contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of legal, environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material in this newsletter is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
The messages that appear in this newsletter are for informational purposes only. They are not intended to be and should not be considered legal advice nor substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction.
Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. The information contained on this list may or may not reflect the most current legal developments.
www.migalhas.com
Copyright 2010 - Migalhas International