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Legal news from Tuesday, September 20, 2005 |
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Writers group sues Google for copyright infringement
Sara R. Parsowith on September 20, 2005 8:16 PM ET

[JURIST] The Authors Guild [advocacy website], an advocacy organization for published writers, together with a former Poet Laureate, a Lincoln biographer and a children's book author, Tuesday sued search engine and advertising giant Google [press release; complaint, PDF] alleging "massive copyright infringement at the expense of the rights of individual writers." The class action suit filed in federal court in Manhattan alleges that Google [Google backgrounder] has engaged in unauthorized scanning and copying of books through its Google Print Library Project [Google backgrounder; advocacy copyright analysis, PDF]. The project, which involves the scanning and digitizing of library books, is a "plain and brazen violation of copyright law" according to Nick Taylor, the president of the Authors Guild, who added:
It's not up to Google or anyone other than the authors, the rightful owners of these copyrights, to decide whether and how their works will be copied. Last month, CNET reported that Google said it would temporarily halt [CNET report] book scanning for the project after widespread criticism from publishers [CNET report].
Google is no stranger to lawsuits for copyright infringement. Earlier this year, Google News was sued by AFP for alleged intellectual property infringement [JURIST report]. AFP alleged that Google pulled and displayed photos, headlines and leads from the AFP subscription website.
The named plaintiffs who seek damages in addition to an injunction to stop the digitizing, are New York Times writer Herbert Mitgang, children's author Betty Miles and Daniel Hoffman, 1973-1974 US Poet Laureate [Encyclopædia Britannica backgrounder]. CNET has more.


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Environmental brief ~ Judge rules EPA must review airborne lead standard
Tom Henry on September 20, 2005 5:18 PM ET

[JURIST] In Tuesday's environmental law news, Judge Richard Webber [official website] of the US District Court of Eastern Missouri has ruled that the US Environmental Protection Agency (EPA) [official website] has failed to review its health standard for lead pollution in the air, and has ordered the agency to do so. The national standard for airborne lead is to be reviewed every five years, but the EPA has not reviewed the lead standard since 1990. The St. Louis Post- Dispatch has more.
In other environmental law news... - The US Eleventh Circuit Court of Appeals [official website] has ruled [PDF text] Monday that metro Atlanta, Georgia, can use Lake Lanier and the Chattahoochee River to meet its water needs for the next 10 to 20 years. Alabama, Florida and Georgia share the Chattahoochee River and have been fighting over its water for decades. AP has more.
- After rejecting a motion [JURIST report] to dismiss the pollution charges against Newmont Mining and its local unit director Richard Ness, presiding Indonesia court Justice Ridwan Damanik said that "the first and second defendant, directly or indirectly, did not prevent the occurrence of pollution in Buyat Bay." The five-judge Indonesian court hearing the Newmont case panel will next meet October 7, 2005, when prosecutors will present their first witnesses. Reuters has more.


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States brief ~ CT to recognize other states' civil unions
Rachel Felton on September 20, 2005 4:30 PM ET

[JURIST] Leading Tuesday's states brief, Connecticut Attorney General Richard Blumenthal [official website] announced today that his state will recognize the civil unions and domestic partnerships of other states, although not same-sex marriages. In a legal opinion [text], Blumenthal stated, "Civil unions performed in other states are entitled to full faith and credit in Connecticut and cannot be repeated here." The state will not recognize same-sex marriage because state law defines marriage as between one man and one woman. Legislation allowing for civil unions in Connecticut [JURIST report] itself takes effect October 1. Gay rights activists said the ruling highlights that civil unions, currently available only in Vermont and Connecticut, need to be replaced with full marriage rights. Mary Bonauto, a lawyer for Gay and Lesbian Advocates and Defenders (GLAD) [advocacy website] said that Massachusetts couples who work in neigboring Connecticut would need to get civil unions in order to get the same legal protections afforded to heterosexual couples. Bonauto also pointed out that a Massachusetts resident could be barred from hospital visiting rights if their same-sex partner had an accident in Connecticut, adding that couples might find it degrading to have to pretend that they are not married. AP has more.
In other state legal news ... - A Wisconsin court of appeals ruled [text] Tuesday that a man sent to prison on drug charges must be allowed to withdrawal his guilty plea because police lacked "reasonable suspicion" to search him as a suspect in a murder. Police stopped the man because he matched the description of the shooter as a black male wearing a black thigh-length jacket, black stocking cap and dark pants. The appeals court found that description, which did not include height, facial hair or age, too vague and likely "to encompass much of the area's population." The ruling reversed a lower court decision. AP has more.
- The Connecticut Supreme Court has ruled [PDF text] that New Haven's promotion policies for civil service jobs permit too much discretion as to who gets promoted. The suit, originally brought by 5 police officers, claimed New Haven [official website] violated its charter by rounding up test scores, which increased the number of candidates for a promotion, and by using the rule of three which permitted the police chief to skip entire score groups. The court found that the combination of rounding test scores and creating score groups "circumvents the letter and undermines the spirit of the charter's [text] civil service provisions by allowing consideration of large groups of candidates for a single vacancy." City attorneys argued that discretion is essential to pick the best candidates and that the procedures are common practice. The New Haven Register has local coverage.


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Federal lawsuit filed against Georgia voter photo ID law
Jeannie Shawl on September 20, 2005 1:52 PM ET

[JURIST] Several rights groups and two African-American registered Georgia voters have filed a lawsuit [PDF complaint; ACLU press release] challenging a Georgia law [PDF text; ACLU fact sheet, DOC] that requires voters to show government-issued photo identification at the polls. The plaintiffs - including Common Cause/Georgia, the League of Women Voters of Georgia, the NAACP, the Georgia Legislative Black Caucus - are seeking to have the law declared unconstitutional on the grounds that it "imposes an unauthorized, unnecessary and undue burden on the fundamental right to vote" in violation of the Georgia and US constitutions and the Civil Rights Act of 1964. According to plaintiffs' lawyers, the law discriminates against minorities, the elderly, poor and disabled and the $20 fee to obtain state identification is an unconstitutional poll tax. The US Department of Justice in August approved the Georgia law [JURIST report], as is required under the 1965 Voting Rights Act [DOJ backgrounder] for all changes in voting requirements in states with a history of suppressing minority votes. Though DOJ approval is meant to ensure that the changes do not have a discriminatory purpose or effect, it does not prevent a subsequent court challenge. Three other states also require voters to show photo identification, but Georgia is the only state to require that the ID be government-issued. The Atlanta Journal-Constitution has more.
Previously in JURIST's Paper Chase...


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UN prosecutor accuses Vatican of hiding Yugoslav war criminal
Kate Heneroty on September 20, 2005 10:22 AM ET

[JURIST] Carla del Ponte, the United Nations' chief prosecutor for the International Criminal Tribunal for the Former Yugoslavia [official website; JURIST news archive], said Monday that the Roman Catholic Church [official website] and Vatican officials are concealing the location of the third most wanted war criminal from the Yugoslav conflict, General Ante Gotovina [ICTY case backgrounder; Wikipedia profile]. Gotovina is believed to be hiding in a Franciscan monastery in Croatia, but Vatican officials refuse to pinpoint which of the nation's 80 monasteries it is. Del Ponte said Vatican officials refuse to cooperate because they were not a state and had "no international obligations" to help the UN hunt war criminals. The Vatican has also refused to refute a statement by Bishop Mile Bogovic [profile] calling Gotovina a "symbol of victory" and declaring the tribunal a "political court" determined to distort Croatia's past. Gotovina, who is Croatian, is accused of overseeing the execution of at least 150 Serb civilians and the forced deportation of approximately 200,000 others. The Telegraph has more.
2:21 PM ET - A Vatican spokesman rejected Del Ponte's allegations [press release, in Italian] Tuesday, saying that the Vatican's foreign minister met with Del Ponte over the summer to discuss her claims that the Vatican is protecting Gotovina. The Vatican said it asked Del Ponte in July "to indicate with as much precision as possible the evidence on which she based her belief that General Gotovina had taken refuge in certain religious buildings in Croatia, in order to contact the relevant religious authorities," but Del Ponte did not respond to the request. AFP has more.


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Ex-Bush administration official charged with obstructing Abramoff investigation
Kate Heneroty on September 20, 2005 8:53 AM ET

[JURIST] David Safavian [profile], a former Bush administration official who served as the chief of staff of the General Services Administration (GSA) [agency website] and until Friday served as the administration's top procurement official [White House press release, PDF] in the Office of Management and Budget [official website], was charged Monday with making false statements and obstructing a federal investigation. The charges stem from Safavian's concealment of a 2002 golf trip to Scotland, valued at $100,000, that he took with lobbyist Jack Abramoff [Wikipedia profile], who had business before the GSA. Prior to the trip, Safavian told a GSA ethics officer that Abramoff had no business dealings with the GSA, but Abramoff was trying to access 40 acres of land at the Federal Research Center at White Oak [facility backgrounder] in Silver Spring, Maryland to build a private high school. The FBI affidavit also says that Safavian edited a letter that Abramoff was preparing to send to the GSA, and coordinated and attended a meeting involving a GSA official, the lobbyist's wife and others to discuss leasing the Silver Spring property. In an unrelated case, Abramoff was indicted [JURIST report] by federal prosecutors in Miami last month on charges of wire fraud and conspiracy. AP has more.


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Nazi war criminals hunter Simon Wiesenthal dies at 96
Sara R. Parsowith on September 20, 2005 8:51 AM ET

[JURIST] Simon Wiesenthal, an Austrian Holocaust survivor who helped to track down over 1,000 Nazi war criminals after World War II, including Adolf Eichmann and the policeman who arrested Anne Frank, died in his sleep at age 96 Tuesday. Rabbi Marvin Hier, the founder and dean of the Los-Angeles based Simon Wiesenthal Center [center website] said Wiesenthal, a survivor of five Nazi death camps "became the permanent representative of the victims of the Holocaust, determined to bring the perpetrators of the greatest crime to justice." Wiesenthal lost 89 relatives in the Holocaust and spent over 50 years tracking down 1,100 Nazi war criminals and speaking out against anti-semitism, and has been quoted as saying, "[w]hen history looks back I want people to know the Nazis weren't able to kill millions of people and get away with it." A memorial service for Wiesenthal will be held in Vienna's central cemetery on Wednesday with funeral services in Israel. AP has more. The Simon Wiesenthal Center has a press release on Wiesenthal's death.


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Mexico prosecutor makes second bid to arrest ex-president for student massacre
Sara R. Parsowith on September 20, 2005 8:14 AM ET

[JURIST] Mexican prosecutor Ignacio Carrillo has made a second bid to arrest former Mexican president Luis Echeverria [Wikipedia profile] in connection with killings of student protesters, according to a statement made Monday by Echeverria's lawyer. Dozens of students and other civilians were killed on October 2, 1968 when police and military officials opened fire on them during a protest. Activists put the death toll at up to 350, while officials say the number was 25. Carrillo has already tried to have Echeverria arrested for a 1971 student massacre [JURIST report], but a court rejected his efforts in July, saying there was insufficient evidence. In a separate attempt to prosecute Echeverria, the Mexican Supreme Court dismissed genocide charges against Echeverria [JURIST report] early last year, ruling that international law against genocide does not take precedence over Mexico's national 30-year statute of limitations. At the time of the 1968 killings, Echeverria was the interior secretary for Mexico, but later served as president from 1970-1976. In addition to the investigation into the two student massacres, Carrillo is also investigating guerrillas who went missing during Mexico's dirty war in the 1970s and 1980s. AP has more.


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UK soldiers free detained comrades from Iraqi jail
Sara R. Parsowith on September 20, 2005 7:51 AM ET

[JURIST] British forces freed two British soldiers from an Iraqi jail Monday, though British and Iraqi officials are offering different accounts of what happened. The two freed British soldiers, thought to be undercover commandos, were arrested by the Iraqis earlier Monday [BBC report] for shooting two Iraqi policeman, one of whom died. Mohammed al-Walli, governor of Basra, said the men were removed through a barbaric raid on the jail that caused its destruction, and called Britain's actions irresponsible as they allowed 150 other Iraqi prisoners to flee. The UK Ministry of Defense [official website] has said the two men were released after negotiations between the UK and Iraq, and a British military official said the men were rescued because they ended up being held by Shia militia [MoD press release]. The arrests have sparked new debate over just how much sovereignty Iraq was granted after the US-led Coalition Provisional Authority [official website] handed over power to Iraq's interim government in 2004. Brigadier John Lorimer said that Iraqi law [CPA order 17, PDF] required that Iraq immediately hand over the detained soldiers to the Multinational Force [official website]. AP has more. BBC News provides additional coverage.


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Trial starts for 15 Uzbek men accused in Andijan uprising
Sara R. Parsowith on September 20, 2005 7:18 AM ET

[JURIST] The trial of 15 Uzbek men [JURIST report], accused of organizing the May 2005 Andijan uprising [HRW backgrounder] which led to government troops killing as many as 500 protestors [JURIST report] began Tuesday, but human rights groups are questioning the credibility of the proceedings. The 15 men sat in a metal cage in Uzbekistan's Supreme Court, as the charges, which include terrorism, hostage-taking, murder and attempted coup, were read to them. Human Rights Watch [advocacy website] has continuously accused the Uzbek government of a cover-up [JURIST report] and said the government was trying to deny responsibility and silence witnesses. There are more than 100 people facing trial with the risk of a death sentence, according to Amnesty International [advocacy website]. The May rebellion started when armed supporters of imprisoned religious extremists took them out of jail, took police hostages and then seized a government building, killing anti-government protesters. Human Rights Watch said that police and secret services obtained confessions from Andijan residents of belonging to militant organizations while bearing arms during the protest. This prompted the group to suggest that the US and European Union should impose an arms embargo in Uzbekistan as well as a visa ban on senior government officials. There has been resistance by the Uzbek government to a full international inquiry [JURIST report] for an investigation when earlier this year, the UN High Commissioner for Human Rights called for an independent probe [press release; JURIST report] into the killings. Recently, the UN evacuated 11 Uzbek refugees to London [JURIST report]. Reuters has more.
11:55 AM ET - The fifteen defendants pleaded guilty Tuesday to all charges against them. BBC News has more.


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