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Legal news from Tuesday, September 4, 2012




Federal judge orders Oracle to pay Google $1 million in court costs
Dan Taglioli on September 4, 2012 4:23 PM ET

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[JURIST] A judge for the US District Court for the Northern District of California [official website] on Tuesday ordered Oracle to reimburse Google [corporate websites] about $1 million for costs incurred during the course of the companies' recent patent litigation [materials]. The trial concluded in May [JURIST report] with a verdict that Google had not infringed on Oracle copyrights and patents when developing the Android mobile device software. While Google's victory prompted Judge William Alsup to order the reimbursement to cover the search giant's share of fees paid to a court-appointed expert witness [IDG News report], Alsup did reject Google's arguments that Oracle should also reimburse $2.9 million for costs related to document discovery. Oracle could have sought as much as $1 billion from Google if Oracle won the August 2010 lawsuit alleging that the Android system violated patents and copyrights Oracle holds on the Java programming language. Oracle has stated its intent to appeal.

In May a federal jury held [JURIST report] that Google's use of the application programming interfaces was not an infringement of Oracle's patents. Earlier that month the jury found itself deadlocked [JURIST report] on the issue of whether Google's use could be considered "fair use" making it difficult for Oracle to win a large damage award. The case went to trial [JURIST report] in April after settlement negotiations broke down.




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Egypt charges former culture minister with corruption
Sung Un Kim on September 4, 2012 12:57 PM ET

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[JURIST] The Egyptian Ministry of Justice on Tuesday brought charges against former culture minister Farouq Hosni for corruption. He has been accused [AFP report] of illegally obtaining 27 million Egyptian pounds (USD $4.5 million) during his term as culture minister under the ousted Egyptian president Hosni Mubarak [BBC profile; JURIST news archive]. He is now required to return the whole amount while paying additional 9 million pound fine. Farouq Hosni was referred to criminal court after an investigation in which the former official failed to provide evidence demonstrating the sources of his wealth. Hosni had faced a travel ban last year during the Egyptian Revolution [JURIST backgrounder] which was lifted some time later. The Ministry of Justice also announced that Mubarak, his wife and two children were being investigated for new corruption allegations related to purchase of land north of Cairo although no new charges have been brought against them.

Egypt is still working on investigating corruption allegations against former officials under Mubarak's 30-year regime. In August the former secretary for the Mubarak's political party, Safwat El-Sherif, was referred to a criminal court [JURIST report] on corruption charges. He was accused of having abused his office by obtaining real estates at discounted prices and illegally obtaining $49.2 million. In July an Egyptian court rejected pleas to release [JURIST report] Mubarak's two sons while they await trial. Their lawyer argued that his clients are detained unlawfully because they were arrested for a misdemeanor and not for a felony which would allow authorities to detain an individual only up to six months, a term that the Mubaraks already served. Gamal and Alaa Mubarak, along with seven others, were charged [JURIST report] with stock market fraud and using unfair trading practices and illegally manipulating the market. Hosni Mubarak was sentenced to life [JURIST report] after an Egyptian court found him guilty of complicity to kill protesters during the Arab Spring protests [JURIST news archive]. During the protests that resulted in the overturning of Mubarak's 30-year regime, Mubarak ordered government officials to use gunfire and other violent measures to subdue protesters, causing over 850 deaths [JURIST report]. Mubarak's ended in February with the chief prosecutor asking the court in his closing remarks to issue a death sentence [JURIST reports] against the former ruler.




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Cambodia to deport founder of Pirate Bay file-sharing site
Sung Un Kim on September 4, 2012 12:35 PM ET

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[JURIST] Cambodian officials said Tuesday that they will deport the Swedish founder of the file-sharing website The Pirate Bay (TPB) [media website]. The announcement came after visiting Swedish officials [Telegraph report] presented the Cambodian authorities with the conviction and prison sentence against Gottfrid Svartholm Warg. The founder of the controversial website was charged and convicted for breaching copyright laws. He was arrested last week in Phnom Penh, where he supposedly resided for years, upon the request by Swedish officials. Neither the destination nor a specific date for the deportation was set. Among the convicted were also Peter Sunde and Fredrik Neij, co-founders of TPB. They argued that the operation of TPB is legal and protected under Article 10 of the European Convention on Human Rights [text], which deals with freedom of expression.

In June Sunde and Neij filed appeals [JURIST report] in the European Court of Human Rights (ECHR) [official website] challenging their convictions. The appeals came after the Swedish Supreme Court [official website, in Swedish] rejected [JURIST report] their appeal in February. In November, the Swedish Svea Appeals Court [materials] upheld [JURIST report] the convictions against the TPB founders. In June 2009 several Hollywood production companies filed suit [JURIST report] in Sweden against the operators of TPB, seeking an injunction. The US companies, including Disney, Universal and Columbia Pictures, filed a writ to sue in the Stockholm District Court, requesting that the court order the owners to cease and desist operations.




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UN rights expert urges access to justice for those living in poverty
Sarah Posner on September 4, 2012 11:23 AM ET

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[JURIST] A UN expert on Monday urged member states to improve access to justice for the poor [UN News Centre report], explaining that ensuring access to justice is a necessary step to combating poverty. The Special Rapporteur on extreme poverty, Magdalena Sepulveda, explained that access to justice is a human right and also an essential element to ending poverty worldwide. Sepulveda called on member states to ensure that poverty is not a barrier to access to justice and urged states to pledge that they will work towards improving access to justice for the poorest members of their communities. Sepulveda will provide a platform that details the steps member states should take to ensuring access to justice to the most marginalized members of their community. Sepulveda explained that "Concrete actions must be taken to ensure that all individuals are empowered to claim their rights, demand effective remedies and accountability. ... Without this, we are left with a two-tier rule of law: a reality for the privileged, but only rhetorical for the poor and excluded." A report detailing the obstacles presented to ensuring access to justice for those living in poverty will be presented before the General Assembly next month.

Ending discrimination and equal access to justice have recently been key goals for the UN. Last month UN Secretary-General Ban Ki-moon said that ending discrimination against women is necessary to fix the problem of global poverty [JURIST report]. Speaking before the World Congress of Global Partnership for Young Women in Seoul, South Korea, Ban declared that while women around the world have made tremendous advances in fields such as business, law and government, laws and policies that discriminate against women hamper not only women's rights but prevent nations from climbing out of poverty. In 2011 the UN Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul called for integration of a gender perspective [JURIST report] into countries' criminal justice systems on. The annual report "addresses the need to consider and integrate a gender perspective in the criminal justice system as a fundamental step towards allowing equal access to justice for women and men and in respect of the role to be played by judges and lawyers."




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UK court rejects inquiry into killing of Malaysia rubber plantation workers
Sarah Posner on September 4, 2012 10:29 AM ET

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[JURIST] The High Court of England and Wales on Tuesday struck down [judgment] a petition calling for an independent inquiry into the killing of 24 Malaysian rubber plantation workers by British troops in 1948. The incident occurred during the Malayan Emergency [AFP report] when Britain was combating communist insurgents. The British government explained last November that they would not be conducting an investigation into the incident, but the families of the Malaysian plantation workers maintain that there is sufficient evidence to launch an independent inquiry [Bangkok Post report] into the situation. The court struck down this challenge to the British government's contention that their decision not to launch an independent inquiry was reached lawfully [Guardian report]. The lawyers representing the victims' families vowed to appeal the ruling, claiming that statements made by British soldiers prove that the killings were unlawful.

Malaysia has taken measures to repeal and replace old colonial laws with new ones. In July a spokesperson for the UN Office of the High Commissioner of Human Rights praised [JURIST report] an announcement by Malaysian Prime Minister Najib Razak of plans to repeal the country's 1948 Sedition Act [text, PDF]. In April, the lower chamber of the Malaysian Parliament passed a law [JURIST report] that will replace the Internal Security Act of 1960 (ISA) [text, PDF; HRW backgrounder] that allows indefinite detention of terror suspects, dissidents and political opponents. A day earlier, the prime minister had pledged to review the ISA after the country's parliament announced [JURIST reports] that it was considering repealing and replacing the controversial law.




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UK Christian discrimination case to be heard in Europe rights court
Sarah Paulsworth on September 4, 2012 10:02 AM ET

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[JURIST] The European Court of Human Rights (ECHR) [official website] is expected to hear arguments this week in a landmark case involving alleged workplace discrimination in the UK against four practicing Christians. Two of the applicants, British Airways employee Nadia Eweida and geriatrics nurse Shirley Chaplin, seek relief from workplace prohibitions against employees visibly wearing crosses [AFP report]. The other two applicants, registrar of the London Borough of Islington Lillian Ladele and therapist Gary McFarlane, say they were wrongfully terminated due to their religious beliefs [Guardian report]. Ladele refused to officiate same-sex civil ceremonies, and McFarlane refused to provide therapy to same-sex couples. In their application to the ECHR, all four applicants have invoked Article 9 (freedom of religion) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights [text, PDF]. Courts in the UK rejected all four claims. The ECHR is not expected to issue its decision on the case until several months after the case is heard.

Earlier this year, the UK's Equality and Human Rights Commission [advocacy website] said the UK tribunals had ruled properly [BBC report] on the cases, but may not have given sufficient weight to Article 9 in Ladele and McFarlane's cases. In 2010, the UK passed the Equality Act, which combined the country's anti-discrimination legislation including the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation) Regulations 2003[4] and the Employment Equality (Age) Regulations 2006. In November 2009, a UK heterosexual couple whose civil partnership [Directgov backgrounder] application was denied [BBC report] by their local town council announced they planned to challenge the refusal [JURIST report] in court. Tom Freeman and Katherine Doyle are the first heterosexual couple to apply for a civil partnership in the UK, where same-sex couples may obtain legal recognition with rights akin to those of a married couple. They allege that the denial constitutes discrimination based on sexual orientation, and that such a distinction amounts to segregation in matrimonial law.




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Bahrain court upholds sentences for opposition activists
Sarah Paulsworth on September 4, 2012 9:04 AM ET

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[JURIST] A civilian court in Bahrain upheld lengthy prison sentences for 20 opposition and human rights activists on Tuesday, including eight life sentences. The lesser prison terms upheld ranged between five and 12 years [AP report], and seven of the activists were convicted in absentia. The activists are accused of plotting to overthrow [BBC report] Bahrain's government. Tuesday's ruling came from a civilian court, but the defendants were initially tried by a semi-military court [Telegraph report]. In April the Bahrain Court of Cassation ruled that the activists must be retried in a civilian court [JURIST report]. Among the activists whose sentences were upheld is Abdulhadi al-Khawaja [BBC profile; JURIST news archive], who in May 2012 ended a 110-day hunger strike [JURIST report] in protest against his imprisonment.

Tension between Bahrain's government and protesters has persisted since government forces clashed with protesters in February 2011 during pro-democracy demonstrations. During the protests the country's Shiite majority sought greater political rights from the Sunni monarchy. At the end of August a Bahraini appeals court overturned the conviction [JURIST report] of prominent human rights activist Nabeel Rajab [JURIST news archive]. Bahrain's government attributed the ruling [AP report] to "uncertainty regarding the evidence submitted to support the lawsuit." In July Amnesty International [advocacy website] urged the government [JURIST report] of Bahrain to release all prisoners of conscience [press release] immediately. The Bahrain Information Affairs authority announced in July that they had brought charges against 15 police officers [JURIST report] for alleged "mistreatment of inmates in custody." In June the government announced that it would pay $2.6 million in restitution [JURIST report] to citizens who lost family members during the violent protests to comply with recommendations of an independent commission who concluded that Bahrain authorities had used excessive force and tortured detainees involved in the pro-democracy demonstrations.




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