Archive for Law

SCOTUS: Patent Denied!

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Concern as to the rights of “the media”

Today noted Pennsylvanian “G-man” Grolish expressed concern about Section 3 of the proposed constitutional amendment at Move to Amend. An interesting point and much depends on the designation of “the press”

This has been your daily political note from Pacanukeha Press.

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So if there was no law …

“Toronto’s police chief is admitting there never was a five-metre rule that had people fearing arrest if they strayed too close to the G20 security perimeter.”

via The Globe and Mail – Police Admit Deliberately Misleading Public On Expanded Security Fence Law

My question is – since there was no law for the detentions are they not guilty of kidnapping for each of the 900 detainees?

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Are Cameras the New Guns?

In which we compare and contrast:

In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.

via Gizmodo and

Accountability and privacy are both relatively new inventions; villagers three centuries ago knew little of either. But of the two, accountability is much more precious, and it is hard to enforce when a large swath of public life is shrouded in secrecy.

via David Brin.

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Obama wins the right to detain people with no habeas review

Today, a three-judge panel of the D.C. Circuit Court of Appeals adopted the Bush/Obama position, holding that even detainees abducted outside of Afghanistan and then shipped to Bagram have no right to contest the legitimacy of their detention in a U.S. federal court

via Glenn Greenwald – Salon.com.

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Opinion: The Devil is in ACTA’s details

ACTA will require courts to consider a ‘lost sale analysis’ when assessing the amount of damages to be awarded for copyright infringement. This assesses damages on the basis that an infringement represents a loss of revenue from a transaction that otherwise would have happened, and the damage is the price of the good.

via iTnews.com.au.

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Genomics Law Report – Mozilla Firefox

Pigs Fly: Federal Court Invalidates Myriad’s Patent Claims

via Genomics Law Report – Mozilla Firefox.

Boo. Also, Yah.

1. The Plaintiffs Win. The ruling appears to be a nearly complete victory for the plaintiffs and their supporters, including the ACLU. With respect to Myriad’s issued patents on the BRCA1 and BRCA2 genes, Judge Sweet’s ruling invalidates both Myriad’s composition of matter claims (its patents on isolated DNA sequences to all or a portion of the breast cancer genes) and its method claims (those patent claims that relate to analyzing or comparing isolated DNA sequences in order to detect mutations in a patient’s BRCA1/2 genes that might cause breast cancer).

The overall tone of the Court’s ruling is best captured by this passage (from page 135):

The identification of the BRCA1 and BRCA2 gene sequences is unquestionably a valuable scientific achievement for which Myriad deserves recognition, but that is not the same as concluding that it is something for which they are entitled to a patent.

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