 |
|

Legal news from Friday, September 28, 2012 |
 |
|


Panama legislature passes copyright law with heavy fines for violators
Dan Taglioli on September 28, 2012 11:02 AM ET

[JURIST] The National Assembly of Panama [official website, in Spanish] on Wednesday approved a controversial new copyright law [bill 510, PDF, in Spanish] that allows authorities to fine infringers without a trial or civil lawsuit. The bill would grant broad powers to the Ministry of Commerce and Industry [official website, in Spanish; press release, in Spanish] to impose fines of up to USD $100,000 [AP report] on individuals found to be in unlawful possession of copyrighted material. Critics of the legislation contend [RT report] that it concentrates too much power in the executive and violates free speech principles. Bill 510 was passed as part of a package of legislation intended to facilitate enactment of the US–Panama Trade Promotion Agreement [USTR materials] approved by Panama in 2007 and signed into law in the US in October 2011. The bill will now go to the executive branch to be signed into law.
Copyright infringement is an international concern. In June two of the founders of of the file-sharing website The Pirate Bay (TPB) [website] filed appeals in the European Court of Human Rights (ECHR) [official website], challenging their convictions for copyright violations [JURIST report] in a Swedish court after the Swedish Supreme Court [official website] refused to hear their appeal [JURIST report] earlier this year. The Swedish Svea Appeals Court [materials] upheld [JURIST report] the convictions of TPB founders in November 2011. Also in June the US District Court for the Northern District of California [official website] ruledin favor of Google [corporate website] in the case of Oracle America, Inc. v. Google Inc. [case materials], holding that Google did not infringe patents and copyrights [JURIST report] held by Oracle [corporate website] when it used Oracle's 37 Java application programming interface (API) packages for its Android operating system. In May JURIST Guest Columnist Sandeep Kanak Rathod, an LLM Candidate at the University of Pittsburgh School of Law, explored differences in copyright law in the US and India [JURIST comment], contrasting the judicial tests used in each country when courts evaluate infringement claims.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

UN report: drug trafficking threatens rule of law in Central America, Caribbean
Rebecca DiLeonardo on September 28, 2012 10:23 AM ET

[JURIST] Drug trafficking and violent crime in Central America and the Caribbean threaten the rule of law in those regions, according to a report [text, PDF; press release] released Thursday by the UN Office of Drugs and Crime (UNODC) [official website]. The report concluded that cocaine trafficking and the associated violence are the main source of the threat. The UNODC expressed concern that addressing drug trafficking and violence through the use of increasing police presence could further threaten the rule of law by eroding civil rights and displacing organized crime to neighboring nations. The report called on nations in the region to coordinate an international effort to reduce crime, strengthen infrastructure and gain public confidence in law enforcement. It also recommended that the UN provide supplementary law enforcement and advisers to assist the region in developing a strong rule of law.
UN officials have repeatedly expressed concern about international drug trafficking and its affects on government stability. In July the UNODC launched its global awareness-raising campaign [JURIST report] with the purpose of informing the public about the economic costs and human impact associated with the threat transnational organized criminal networks are creating. The UN-backed body estimated that the illegal profits gained by the organizations represent "more than 6 times the amount of official development assistance, and are comparable to 1.5 per cent of global GDP, or 7 per cent of the world's exports of merchandise." In February UN Secretary-General Ban Ki-moon [official profile] called for an increase in efforts to curb transnational organized crime [JURIST report], drug trafficking and piracy in West Africa. In an address to the UN Security Council [official website], the Secretary-General said he was "particularly concerned about reports stating that terrorist groups, such as Al-Qaida in the Islamic Maghreb, have formed alliances with drug traffickers."


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Arizona to appeal federal injunction on portion of state immigration law
Dan Taglioli on September 28, 2012 9:57 AM ET

[JURIST] Lawyers for Arizona Governor Jan Brewer [official website] on Thursday announced the state's plan to appeal a preliminary injunction currently blocking the provision of the controversial Arizona immigration law [SB 1070, PDF] that criminalizes the harboring and transportation of illegal immigrants. The part of the law in question makes it illegal to transport, shield or harbor an illegal immigrant [Reuters report] within Arizona borders, creating a separate crime for someone who is violating any other law while also transporting or harboring such an illegal individual. The provision would also make it a crime to encourage or induce someone [Arizona Daily Star report] to illegally come to or live in the state. The SB 1070 provision in question was enjoined earlier this month [JURIST report] by the US District Court for the District of Arizona [official website] in light of the US Supreme Court [official website] ruling in Arizona v. United States [opinion, PDF; JURIST report], in which most of the law's provisions were declared unconstitutional. District Judge Susan Bolton issued the injunction on federal preemption grounds after hearing arguments [JURIST report] on the law in August. In the same ruling Bolton upheld the SB 1070 provision that requires law enforcement officials to check the immigration status of persons they stop or arrest if there is a reasonable suspicion that the person is in the US illegally. Arizona's official appeal has not yet been filed in the US Court of Appeals for the Ninth Circuit [official website].
Last week Brewer's lawyers and the US Department of Justice (DOJ) [official website] presented Bolton with a joint filing suggesting wording for the court order [JURIST report] permitting police to enforce the SB 1070 "show me your papers" provision. Immigration law [JURIST backgrounder] has became a hot button issue as many states have passed anti-immigration laws modeled on Arizona's. In August the US Court of Appeals for the Eleventh Circuit [official website] struck down [JURIST report] several provisions of Alabama's controversial immigration law [HB 56, PDF], upheld a few sections of the law and rejected part of Georgia's immigration law [HB 87, text]. That same month, the US Court of Appeals for the Third Circuit [official website] heard arguments [JURIST report] on two anti-illegal immigrant laws enacted in 2006 by the city of Hazleton, Pennsylvania, which deny permits to businesses that employ illegal immigrants and fine landlords who extend housing to them. In July a judge for the US District Court for the District of South Carolina [official website] declined to lift an injunction [JURIST report] against South Carolina's controversial immigration law [SB 20 materials] despite the Supreme Court's ruling in Arizona.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|