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Legal news from Friday, February 8, 2013




Macmillan settles e-book case with DOJ
Addison Morris on February 8, 2013 2:15 PM ET

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[JURIST] The US Department of Justice (DOJ) [official website] announced [press release] Friday that a settlement has been reached with Holtzbrinck Publishers LLC, known by the public as Macmillan [corporate website], over allegations that the publishing company conspired with Apple to raise the retail price of e-books. The DOJ's Antitrust Division [official website] reached agreements previously [JURIST reports] with Hachette Book Group Inc., HarperCollins Publishers L.L.C., Penguin Group (USA) Inc. and Simon & Schuster Inc. [corporate websites], making Macmillan is the last of five publishers to reach a settlement. As a result of the agreement, Macmillan will lower its prices on e-books. Though Macmillan CEO John Sargent maintained his assertion that the company had done nothing wrong, he explained in an online letter [tor.com blog] addressed to "Authors, Illustrators and Agents" that Macmillan chose to settle "because the potential penalties became too high to risk even the possibility of an unfavorable outcome." The proposed settlement was filed in the US District Court for the Southern District of New York [official website] and will await approval by a federal judge after a 60-day comment period. The DOJ stated that it will continue to litigate against Apple, Inc. [corporate website] for conspiring with the five publishing companies, with the trial scheduled to begin in June.

The DOJ alleged that Apple, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster conspired to fix the prices of e-books in response to Amazon's discount pricing strategy. The DOJ brought the suit in April, and the court denied a motion to dismiss [JURIST reports] in May. Commentators had been very mixed in response to the proposed settlement agreement. Some commentators have suggested that the DOJ's lawsuit is merely "superficial" [JURIST op-ed] and that the effect of the agency agreements may actually have been a net-positive to consumers if Amazon was selling e-books as loss leaders in order to drive the sale of Kindles. Other commentators, however, state that commentators against the settlement agreement and the defendants' arguments are based on a premise that competition is wrong [JURIST op-ed].




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Philippines lawmakers approve refugee law
Samuel Franklin on February 8, 2013 1:51 PM ET

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[JURIST] The Congress of the Philippines [official website] on Wednesday passed a bill [text, PDF] to protect the rights of more than one million internally displaced persons (IDPs). The bill was praised [press release] by the UN Refugee Agency [official website] on Friday. If the bill is signed into law, the Philippines will become the first country in the Asia-Pacific region to have legislation embracing the UN Guiding Principles on Internal Displacement [text, PDF] according to the UN. The bill outlines specific protections for displaced persons and offers compensation for IDPs who lose homes and property. The UN High Commission for Refugees has estimated that approximately 300,000 people were displaced throughout the Mindanao region between January and October of last year alone due to natural disaster and rebellion, prompting the passage [JURIST report] of the Human Rights Victims Reparation and Recognition Act of 2013 [text, PDF]. The refugee bill must still be signed by President Benigno Aquino [official profile] in order to become law.

The plight of the internally displaced harkens back to the 2004 Indian Ocean tsunami, Hurricane Katrina as well as the more recent Fukushima tsunami and nuclear disaster. Following the Hurricane Katrina fallout in 2005 the US Human Rights Network urged [JURIST report] that the rights of the hundreds of thousands of hurricane evacuees—in legal terms, not refugees forced out of their own country by persecution, but rather IDPs forced from their homes inside a country—be fully respected according to the UN Guiding Principles on Internal Displacement. In 2004 the UN special envoy for tsunami recovery following the Sumatra-Andaman earthquake commended [JURIST report] the efforts made by the affected countries for providing the basic rights under the UN Guiding Principles, but nonetheless urged leadership to do more to protect human rights.




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Arkansas Senate approves lethal injection law revision
Alison Sacriponte on February 8, 2013 1:20 PM ET

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[JURIST] The Arkansas Senate [official website] on Thursday approved revisions to the state's lethal injection law. The Arkansas Supreme Court [official website] struck down the 2009 version of the law [JURIST report] last year, finding that a provision allowing the state department of corrections to choose the drug for lethal injection violates the separation of powers in the Arkansas constitution [text]. Since the Supreme Court ruling, lawmakers have tried to craft more specific death penalty legislation. The proposal approved by the Senate on Friday would require death sentences be carried out with a lethal dose of a barbiturate. Governor Mike Beebe [official website] told reporters that he would sign the law [AP report] if it was passed despite his personal objection to the death penalty.

The shortage of sodium thiopental, a drug used in the lethal injection process, in the US has caused several states to modify lethal injection protocol. In August, a state judge in Arkansas ruled [JURIST report] that a state law provision allowing "any other chemical or chemicals" to be used for lethal injections violates the constitution's protection against cruel and unusual punishment. In March of last year, two Texas inmates requested stays on their executions [USA Today report] to obtain more information on the new protocol and possibly challenge the protocol as unconstitutional. Texas acknowledged that its supply of sodium thiopental had an expiration date of March 1. Arizona, Georgia and Oklahoma have faced similar challenges and are seeking to substitute the sodium thiopental used in the lethal injection "cocktail" with pentobarbital. Kentucky and Tennessee surrendered supplies of sodium thiopental [NYT report] to the Drug Enforcement Administration (DEA) after the agency seized Georgia's supply in order to investigate whether the drug was properly imported.




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Senegal opens court to try former Chad dictator
Benjamin Minegar on February 8, 2013 12:14 PM ET

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[JURIST] Senegal's newly-created Extraordinary African Chambers officially opened on Friday to prepare for the prosecution of former Chadian dictator Hissene Habre [BBC backgrounder]. Senegal's national assembly adopted a law in December allowing for the creation of the special tribunal [JURIST report] with the support of the African Union (AU) [official website] and financial assistance from the European Union and the US [Bloomberg report]. The Extraordinary African Chambers will operate within the existing Senegalese court structure in Dakar and will have sections to handle investigations, trials and appeals. Habre is accused of administering thousands of political killings during his eight-year rule from 1982 to 1990. Seven victims filed a criminal complaint [complaint, in French] against him in January 2000, and a Senegalese court indicted him. However, the case was dismissed on appeal [ruling, in French] for a lack of jurisdiction. Habre's trial in the new tribunal will not begin until the prosecution completes its investigation, which will begin next week and is expected to last 15 months.

Habre fled to Senegal after being deposed in 1990 and denies charges of killing and torturing tens of thousands of his opponents after coming to power in a bloody coup in 1982. The AU began talks with Senegal to come up with a plan for Habre's trial after the International Court of Justice (ICJ) ruled [JURIST report] in July that Senegal must either try Habre promptly or extradite him to Belgium for trial. The court's legally binding order also noted that Senegal had failed to make serious efforts to prosecute Habre, who has been been under house arrest there since 2005. In March lawyers for the Belgian government asked [JURIST report] the ICJ to force Senegal to bring Habre to trial in Belgium. In July 2011 Senegal reversed its decision to deport Habre [JURIST report] back to Chad after UN High Commissioner for Human Rights Navi Pillay warned of possible torture. That month Pillay issued the plea [JURIST report] to stay Habre's deportation to Chad after the nation's courts sentenced him to death in absentia.




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Turkish parliament enacts legislation on terrorism financing
Sarah Paulsworth on February 8, 2013 10:17 AM ET

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[JURIST] Turkey's parliament [official website, in Turkish] on Thursday approved legislation to prohibit terrorism financing. In passing this legislation [ANA report], Turkey may have narrowly avoided expulsion from the Financial Action Task Force (FATF) [official webpage]. Turkish President Abduallah Gul [BBC profile] now has 15 days to approve the legislation, after which it can be enacted. FATF has given Turkey until February 22 [FATF public statement] to remedy deficiencies in its terrorist financing offense and establish an adequate legal framework for identifying and freezing terrorist assets consistent with the FATF Recommendations. Expulsion from the FATF would have put Turkey in the company of countries like Iran and North Korea, restricted foreign activity with Turkish banks and negatively affected its credit ratings [Reuters report].

Turkey's anti-terrorism legislation has been shrouded in controversy for some time. The Council of Europe [official website] on Tuesday urged Turkey [JURIST report] to move more quickly in its efforts to reform legislation. Council Secretary-General Thorbjorn Jagland [official profile], speaking at a conference in Ankara, emphasized the importance of reform in the laws governing freedom of expression and anti-terrorism. In January a Turkish Court charged nine lawyers [JURIST report] for membership in an outlawed group under Turkey's anti-terrorism laws. The lawyers, including some human rights advocates, are accused of being associated with the Revolutionary People's Liberation Party-Front (RPLP), a group that advocates for a Marxist state and has claimed responsibility for violence and assassinations in the country since the 1970s. Most recently, the group claimed responsibility [NYT report] for a suicide bombing attack on the US Embassy in Ankara. The UN Human Rights Committee (UNHRC) [official website] criticized Turkey in November for prosecuting activists [JURIST report] under the country's vague counter-terrorism law.




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Haiti court orders former president Duvalier to appear at human rights hearing
Max Slater on February 8, 2013 9:49 AM ET

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[JURIST] An appeals court judge in Haiti on Thursday ordered former president Jean-Claude Duvalier [CBC profile; JURIST news archive] to face charges of abusing human rights. Duvalier returned to Haiti in 2011 after 25 years in exile, prompting an investigation [BBC report] for crimes he committed from 1971-1986. Last January a magistrate judge dismissed human rights charges against Duvalier [JURIST report], including allegations of rape, torture and murder, on the grounds that the statute of limitations had expired. Twenty victims of Duvalier's reign initiated the charges and appealed the case after it was dismissed. At the hearing on Thursday, appeals court judge Jean Joseph Lebrun rejected Duvalier's argument [Reuters report] that the victims did not follow proper procedure, and ordered Duvalier to appear in court to face the charges. Duvalier's hearing is scheduled for February 21.

Earlier this week Amnesty International and the Open Society Justice Initiative [advocacy websites] urged Haiti to ensure that Duvalier is brought to justice [JURIST report]. Last February the US State Department [official website] dispatched [JURIST report] a team of international law experts to Haiti to assess how the country could reinforce the power and independence of its judiciary. That same month, UN Independent Expert Micael Forst said that Haiti is making significant progress [JURIST report] with respect to the rule of law, citing improvements such as the establishment of judicial offices and the adoption of the International Covenant on Economic, Social and Cultural Rights [text; PDF]. In January 2012 a Haitian judge convicted [JURIST report] eight police officers of shooting and killing at least 10 prisoners following the January 2010 earthquake. In December 2011 the UN called for an investigation [JURIST report] into alleged torture and unlawful killings perpetrated by the Haitian National Police (HNP) [official website, in French].




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Federal judge restricts Google patent lawsuit against Microsoft
Sarah Posner on February 8, 2013 8:21 AM ET

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[JURIST] US District Judge James Robart on Thursday restricted the patent lawsuit by Google subsidiary Motorola Mobility against Microsoft [corporate websites]. The judge ruled [Reuters report] that certain parts of three different Motorola patents were not valid. Motorola has sought $4 billion for alleged violations of its wireless and video patents by Microsoft. Microsoft maintains that Motorola is only entitled to approximately $1 million per year. Google acquired Motorola for $12.5 billion, but Microsoft contends that Motorola should only receive a small portion of the royalties for its product. Both Microsoft and Apple [corporate website] have been engaged in lawsuits against Google and its partner companies, such as Samsung [corporate website].

Earlier this week, the High Court of Australia unanimously ruled [JURIST report] that Google did not engage in misleading or deceptive conduct in violation of Section 52 of the Trade Practices Act of 1974 [text, PDF]. Google is also involved in several different patent disputes with multiple other companies around the world. Last month Google subsidiary Motorola Mobility filled a motion [JURIST report] with the International Trade Commission to drop two key patents from it case against Microsoft. The claim alleged that Microsoft infringed on Motorola Mobility's patents related to technology used in the Xbox. The withdrawal of the claim was required in an agreement Google made with the Federal Trade Commission. In December, the ITC ruled [JURIST report] for Apple in a patent dispute with Google.




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