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Banksy's Fake Store Is An Attempt To Abuse Trademark Law To Avoid Copyright Law | Techdirt
He wants people to stop copying his graffiti works. But copyright law would require him to reveal his identity. So he is attempting to use trademark law instead.
law  ip-law  copyright  trademark  trademarkabuse  via:Techdirt  techdirt 
11 days ago by mcherm
Appeals Court Reminds Deputies That Standing By While Rights Are Violated Is No Better Than Violating Them Yourself | Techdirt
Terrible situation. The bound and sexually abused inmate could not identify which of the police assaulted her because she had effectively been blindfolded. The court rules that she at least gets to go to trial on the grounds that she can accuse them at least of standing by and ignoring the events.
law  police  policeabuse  policeimmunity  techdirt  via:Techdirt 
june 2019 by mcherm
New Assange Indictment Makes Insane, Unprecedented Use Of Espionage Act On Things Journalists Do All The Time | Techdirt
Astounding. I don't much like wikileaks or Assange, but claming it is a felony for a reporter to ask someone for information that might be classified (I THINK that's what it claims... mostly it's incoherent) is simply going too far.
law  journalism  techdirt  via:Techdirt  wikileaks  freespeech 
may 2019 by mcherm
Auto Finance Company Sues Massachusetts City Over Its Unconstitutional Sale Of Seized Vehicles | Techdirt
Honda had a lien on the car, but the police seized it and sold it without ever notifying Honda.
law  forfeiture  techdirt  via:Techdirt 
march 2019 by mcherm
Elizabeth Warren Wants To Break Up Amazon, Google And Facebook; But Does Her Plan Make Any Sense? | Techdirt
This is the rebuttal I would have liked to be eloquent enough to have said in response to Elizabeth Warren's proposal to break up major tech companies.
politics  techdirt  via:Techdirt  ElizabethWarren 
march 2019 by mcherm
Stupid Patent Of The Month: Veripath Patents Following Privacy Laws | Techdirt
They have a US patent on offering features to customers who agree to share data. There are laws specifically requiring that kind of behavior.
law  privacy  patent  patentabuse  ip-law  techdirt  via:Techdirt  eff 
march 2019 by mcherm
Mozilla Says Australia's Compelled Access Law Could Turn Staff There Into 'Insider Threats' | Techdirt
Australia passed a law which arguably allows them to order people to put back doors into tech products. Some companies now say they'll have to treat Australian employees as security threats.
law  security  techdirt  via:Techdirt 
march 2019 by mcherm
The Latest In Trademark Abuse Is Registering Marks To Obtain Ownership Of Instagram Accounts | Techdirt
People are now filing frivolous trademarks in order to take over popular or valuable Instagram accounts.
law  ip-law  trademark  techdirt  via:Techdirt 
february 2019 by mcherm
Fatal Houston PD Drug Raid Apparently Predicated On Drugs A Cop Had Stashed In His Car | Techdirt
Apparently the police made up a claim about drugs from an "informant" who apparently doesn't exist, then burst in and murdered the residents of the house, who were shooting them with guns later shown not to exist.
police  policeabuse  techdirt  via:Techdirt 
february 2019 by mcherm
Google, Apple Called Out For Hosting Saudi Government App That Allows Men To Track Their Spouses' Movements | Techdirt
Interesting point. The Saudi government has sponsored building an app to allow men to track and control where the women they own are allowed to travel (yeah, that's overstating it). Why should app stores host this?
sexism  law  appstore  techdirt  via:Techdirt 
february 2019 by mcherm
Court: Qualified Immunity Protects District Attorney Who Lied To State Legislators About A Wrongfully-Convicted Man | Techdirt
The prosecutor lied outright to legislators for no reason other than to harm someone who had been unjustly imprisoned by his office. He is found immune to a defamation lawsuit because the exact same case had never come up in court (within that particular circuit).
policeimmunity  law  techdirt  via:Techdirt 
february 2019 by mcherm
Appeals Court Says A Person Driving A Registered Vehicle On A Public Road Is Not 'Reasonably Suspicious' | Techdirt
A particular road goes around a border patrol checkpoint. This border patrol agent felt that meant he could stop everyone who turned onto that road. (In the past he stopped 20-30 cars doing so and 10% had illegal immigrants in them.) Court says no, this is not reasonable suspicion.
4thAmmendment  law  techdirt  via:Techdirt  police 
february 2019 by mcherm
How My High School Destroyed An Immigrant Kid's Life Because He Drew The School's Mascot | Techdirt
He wrote down the number 504 and sketched the school mascot. That's the evidence needed to deport him for gang activity.
kidsrights  overprosecution  via:Techdirt  techdirt 
january 2019 by mcherm
'Fake News' Results In Real Jail Time For Ohio Woman | Techdirt
A judge in Ohio sentenced a woman for posting to Facebook a rumor about a pellet gun being found in a school, as he deemed it to be "inducing panic" (a violation of Ohio law).
freespeech  law  guns  techdirt  via:Techdirt 
december 2018 by mcherm
Investigation Finds Philly PD Officers Bought Forfeited Houses Seized During Drug Arrests | Techdirt
Not only were Philadelphia police abusing forfeiture in extreme ways (despite attempts to regulate it locally), they were also buying the seized houses themselves at auction (at least in a few cases).
via:Techdirt  techdirt  police  policeabuse  forfeiture  law  local 
december 2018 by mcherm
$337,000 Settlement Headed To Elementary School Students Handcuffed By School Resource Officers | Techdirt
Police were handcuffing 8-year-olds (leaving them with nighmares and bedwetting for years). The police still think they were in the right (their insurance settled for hundreds of thousands of dollars).
police  policeabuse  policeimmunity  law  via:Techdirt  techdirt 
november 2018 by mcherm
Philly Cops Face Criminal Charges For Performing An Illegal Pedestrian Stop | Techdirt
The new district attorney in Philadelphia is actually making a difference by charging police officers with crimes when they do things like shooting fleeing suspects to death or falsifying records when accused of an illegal stop.
police  policeabuse  policeimmunity  techdirt  via:Techdirt 
october 2018 by mcherm
Police Officers At A Tactical Disadvantage Bravely Tase 87-Year-Old Woman Into Submission | Techdirt
Two police officers were so terrified of an 87 year old woman standing in the woods cutting dandelions with a knife that they were forced to attack her with a taser.
police  policeabuse  techdirt  via:Techdirt 
september 2018 by mcherm
Facebook Responds To Blackberry's Silly 117 Page Patent Lawsuit With Its Own Silly 118 Page Lawsuit | Techdirt
Patent on "show the number of unread messages as a number" battles it out with the patent on "click a button to call someone when texting with them". Neither has any business being considered non-obvious.
law  ip-law  patent  patentabuse  techdirt  via:Techdirt 
september 2018 by mcherm
Utah's Top Court Says Cops Can't Use Federal Loophole To Dodge Criminal Charge Requirement For Forfeitures | Techdirt
Utah created a law: seized funds must be returned if no charges are filed. Police tried signing the cash over to the US govt to avoid returning it. State judge rules that (poorly written) state law prohibited them from doing so and cash must be returned.
forfeiture  law  techdirt  via:Techdirt 
september 2018 by mcherm
Supreme Court Asked To Correct Appeals Court (Again) And Explain That Patentable Ideas Need To Be New | Techdirt
Mike Masnick of Techdirt argues that someting which was described in a previous patent (but in the description, not the claims section) is nevertheless "new" and thus patentable.
law  patent  ip-law  techdirt  via:Techdirt 
august 2018 by mcherm
Voting By Cell Phone Is A Terrible Idea, And West Virginia Is Probably The Last State That Should Try It Anyway | Techdirt
West Virginia's plan to allow voting by cell phone is really stupid. And what on earth does the company offering it mean about "using blockchain to secure" it?
via:Techdirt  techdirt  voting  security 
august 2018 by mcherm
The FCC's Sneaky Plan To Make It Easier To Ignore ISP Complaints | Techdirt
The liberal tweeters (and some media) overstated what the FCC was changing, and the FCC objected saying they were changing nothing. But they were -- minor wording that had significant effects.
DonaldTrump  AjitPai  techdirt  via:Techdirt  journalism 
july 2018 by mcherm
FBI Decides To Ruin A Man's Life Over Nude Photos Of His Legal Girlfriend He Took Seven Years Ago | Techdirt
Federal prosecutors go after someone because he snapped some pictures of him touching his 17-yr-old girlfriend's breasts.
sexoffenders  overprosecution  law  techdirt  via:Techdirt 
july 2018 by mcherm
Fifth Circuit Says No, You Fucking May Not Strip Search A Classful Of Female Students To Find $50 | Techdirt
Court: "When a whole class of 6th grade girls are strip searched without any particularized suspicion, the victims can sue the school even if the school didn't HAVE any policy on searches and therefore they can't claim the policy was unfair."
law  kidsrights  4thAmmendment  techdirt  via:Techdirt 
july 2018 by mcherm
ICE Rigged Its Vetting Tool To Make Sure It Can Always Keep Immigrants Locked Up | Techdirt
The software that recommends "detain" or "release" was re-written so it ONLY says "detain".
law  ai  immigration  DonaldTrump  techdirt  via:Techdirt 
june 2018 by mcherm
Another Police Accountability Miracle: Five Officers, Zero Body Cam Footage, One Dead Body | Techdirt
5 separate police officers simultaneously have mysterious equipment failures that result in not capturing video of a police shooting. I hope such a fact would be admissible in court as evidence of witness reliability.
police  policeabuse  policeimmunity  techdirt  via:Techdirt 
june 2018 by mcherm
High School Student's Speech About Campus Sexual Assault Gets Widespread Attention After School Cuts Her Mic | Techdirt
She goes "off script" to talk about sexual assault in her validictorian speech. They cut the mike. She continues anyway and it goes viral.
freespeech  via:Techdirt  techdirt  kids 
june 2018 by mcherm
E-Mails Show FCC Made Up DDOS Attack To Downplay The 'John Oliver Effect' | Techdirt
The FCC wasn't even confused -- they were just outright lying about the DDOS attack, and continued lying to this day to cover it up.
DonaldTrump  politics  netneutrality  techdirt  via:reddit 
june 2018 by mcherm
Cops 'Help' Naked, Possibly-Suicidal Schizophrenic Man By Tasing Him To Death | Techdirt
Concerned that the clearly weaponless mentally ill man in his own bathroom at a group home might injure himself, the cops killed him. They had to work at it for a while before he actually died. No one will be charged.
policeabuse  police  policeimmunity  techdirt  via:Techdirt 
may 2018 by mcherm
Louisiana Law Enforcement Has Been Abusing An Unconstitutional Law To Arrest People For Trying To File Complaints | Techdirt
A rather extreme case where police are using a law (which may well violate the 1st ammendment) to prosecute people for filing complaints against the police.
law  police  policeimmunity  techdirt  via:Techdirt 
may 2018 by mcherm
A Casino Was Hacked Thanks To The Internet Of Broken Things & A Fish Tank Thermometer | Techdirt
Casino hacked through an aquarium thermometer; the internet of things is dangerously insecure.
techdirt  via:Techdirt  security  internetofthings 
april 2018 by mcherm
Cop Hits Woman's Car At 94 MPH, Killing Her Infant. Police Arrest Woman For Negligent Homicide. | Techdirt
Police officer drives recklessly and causes a fatal accident. The driver and passengers in the car that was hit are prosecuted immediately (for "contributing" to the death by not buckling properly); the officer will not be investigated at least until after a long delay.
police  policeabuse  policeimmunity  techdirt  via:Techdirt 
march 2018 by mcherm
For Cops Handing Out Bogus Pedestrian Tickets, Ignorance Of The Law Is The Most Profitable Excuse | Techdirt
It's not illegal to cross the street in Florida (except near a light). But about 3/4 of all tickets given are invalid. Police know folks will pay instead of showing up for court. They also use bad tickets as probable cause for a stop, and issue them disproportionately to people of the wrong race.
police  policeabuse  overprosecution  racism  techdirt  via:Techdirt  law 
january 2018 by mcherm
FBI Celebrates Taking Down A 'Terrorist' Who Told Undercover Agents He Couldn't Go Through With An Attack | Techdirt
Another "terrorist" who never did anything. This one told the FBI agents he couldn't do it before they arrested him.
terrorism  overprosecution  police  techdirt  via:Techdirt 
december 2017 by mcherm
Hawaiian Supreme Court Says The First Amendment Protects Filming Law Enforcement | Techdirt
This situation is exactly why it is so useful to be able to film officers... because he complied perfectly and was arrested for not complying. Also, another court finds filming police is protected by the 1st Amendment.
police  techdirt  via:Techdirt  law 
december 2017 by mcherm
Trial Set To Start For Journalist Facing Decades In Prison For Covering Inauguration Day Protests | Techdirt
Journalist being prosecuted for "rioting" and "destruction of property", for having been present as a journalist and reporting on the events near a protest that turned violent.
journalism  freespeech  law  overprosecution  techdirt  via:Techdirt 
november 2017 by mcherm
Use A Landline To Talk About Criminal Activity? The Government Can Seize The House Around It | Techdirt
Apparently, ICE policies are focused on assessing the value of property in order to decide whether it is worth seizing it. They also specify that civil forfeiture is better than criminal forfeiture in case the person is found innocent, and that the slightest excuse (like having made a phone call from the property) is all it takes to seize land.
forfeiture  law  techdirt  via:Techdirt 
october 2017 by mcherm
Federal Judge Says Indiana's Vehicle Forfeiture Laws Are Unconstitutional | Techdirt
Indiana's law allowed the state to seize a vehicle with no evidence and keep them 90 days without any right to challenge it in court (and forever if a challenge is not mounted or does not succeed). A federal judge issues preliminary injunction against it on due process concerns.
law  forfeiture  techdirt  via:Techdirt 
september 2017 by mcherm
Saying Someone Might Do Something Illegal With Cash Isn't Enough For Gov't To Seize It, Court Rules | Techdirt
Appeals court says you can't seize cash on the grounds that the owner MIGHT decide to spend it on drug (when there is clear evidence that they are instead spending it on bail).
forfeiture  law  techdirt  via:Techdirt 
september 2017 by mcherm
Awful Court Decision Says Dr. Phil Producer's Video Not 'Fair Use' | Techdirt
Poor copyright ruling by the same judge who handles 20% of all patent cases (badly).
law  techdirt  via:Techdirt  personal_net 
september 2017 by mcherm
Court: TSA Agents Can Be Shielded From Certain Civil Rights Lawsuits Because They're Too Important | Techdirt
Appeals court rules that if a TSA agent makes up lies to get you arrested because that don't like what you said (namely, "I would like to file a complaint against you"), then you cannot sue the TSA (soverign immunity) or the agent ("too important", says the court).
law  TSA  techdirt  via:Techdirt 
august 2017 by mcherm
DOJ To End Operation ChokePoint; Porn Stars Free To Bank Once More! | Techdirt
Trump administration rolls back Obama policy that banks should be told to refuse to do business with (legal) companies the government didn't like (such as porn).
banking  law  rights  via:Techdirt  techdirt  politics 
august 2017 by mcherm
How The DMCA's Digital Locks Provision Allowed A Company To Delete A URL From Adblock Lists | Techdirt
This analysis of this case helps explain the difference between DMCA section 512 (immune to lawsuit for stuff someone else posted) and section 1201 (no tools capable of circumventing locks).
DMCA  via:Techdirt  techdirt  law 
august 2017 by mcherm
Should Social Media Sites Be Forced To Pull Pastor Calling For War With North Korea? | Techdirt
A great example of why free speech is such a good policy. A policy requiring that terrorist videos be taken down would need to also censor this call to invade North Korea.
freespeech  techdirt  via:Techdirt 
august 2017 by mcherm
Massachusetts State Police Take $180 From Records Requester; Refuse To Turn Over Records | Techdirt
Apparently the police don't think they have to follow the law on FOIA requests even after a judge orders them to.
law  FOIA  policeimmunity  techdirt  via:Techdirt 
august 2017 by mcherm
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