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High court sides with Google in copyright fight with Oracle
Court News |
2021/04/05 10:56
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The Supreme Court sided Monday with Google in an $8 billion copyright dispute with Oracle over the internet company’s creation of the Android operating system used on most smartphones worldwide.
To create Android, which was released in 2007, Google wrote millions of lines of new computer code. But it also used 11,330 lines of code and an organization that’s part of Oracle’s Java platform.
Google had argued that what it did is long-settled, common practice in the industry, a practice that has been good for technical progress. And it said there is no copyright protection for the purely functional, noncreative computer code it used, something that couldn’t be written another way. But Austin, Texas-based Oracle said Google “committed an egregious act of plagiarism,” and it sued.
The justices ruled 6-2 for Google Inc., based in Mountain View, California. Two conservative justices dissented.
Justice Stephen Breyer wrote that in reviewing a lower court’s decision, the justices assumed “for argument’s sake, that the material was copyrightable.”
“But we hold that the copying here at issue nonetheless constituted a fair use. Hence, Google’s copying did not violate the copyright law,” he wrote.
Justice Clarence Thomas wrote in a dissent joined by Justice Samuel Alito that he believed “Oracle’s code at issue here is copyrightable, and Google’s use of that copyrighted code was anything but fair.”
Only eight justices heard the case because it was argued in October, after the death of Justice Ruth Bader Ginsburg but before Justice Amy Coney Barrett joined the court.
In a statement, Google’s chief legal officer, Kent Walker, called the ruling a “victory for consumers, interoperability, and computer science.” “The decision gives legal certainty to the next generation of developers whose new products and services will benefit consumers,” Walker wrote.
Oracle’s chief legal officer, Dorian Daley, condemned the outcome. “The Google platform just got bigger and market power greater. The barriers to entry higher and the ability to compete lower. They stole Java and spent a decade litigating as only a monopolist can,” she wrote in a statement.
Microsoft, IBM and major internet and tech industry lobbying groups had weighed in on the case in favor of Google. The Motion Picture Association and the Recording Industry Association of America were among those supporting Oracle.
The case is Google LLC v. Oracle America Inc., 18-956. |
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Drug trafficker says he bribed Honduras president
Court News |
2021/03/11 10:55
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A convicted Honduran drug trafficker and former leader of a cartel testified in United States federal court Thursday that he paid now-President Juan Orlando Hernandez $250,000 for protection from arrest in 2012.
Devis Leonel Rivera Maradiaga, former leader of the Cachiros cartel, testified that he made the payment in cash through one of Hernandez’s sisters, Hilda Hernandez, in exchange “for protection so that the military police and preventive police didn’t capture us in Honduras.”
He said he also paid so that he wouldn’t be extradited to the U.S. and so companies used by the Cachiros to launder money would be favored by the government. Rivera Maradiaga has admitted to being involved in 78 murders.
At the time of the alleged bribe, Juan Orlando Hernandez was leader of Honduras’ Congress, but had begun angling for the presidency, which he won in 2013. He took office the following January. Hilda Hernandez, who later served in his administration, died in a helicopter crash in 2017.
The accusation came in the third day of testimony in the trial of alleged drug trafficker Geovanny Fuentes Ramirez. U.S. prosecutors have made it clear that allegations against President Hernandez would arise during the trial, though he has not been charged.
Fuentes Ramirez was arrested in March 2020 in Florida. He is charged with drug trafficking and arms possession.
Hernandez has vehemently denied any connection to drug traffickers. One of his brothers, Juan Antonio Hernandez, was convicted of drug trafficking in the same court in 2019.
During that trial, the president was accused of accepting more than $1 million from Mexican drug trafficker Joaquin “El Chapo” Guzman.
U.S. prosecutors have alleged that much of Hernandez’s political rise was funded by drug traffickers who paid to be allowed to move drugs through Honduras without interference.
In January, U.S. federal prosecutors filed motions in the Fuentes Ramirez case saying that Hernandez took bribes from drug traffickers and had the country’s armed forces protect a cocaine laboratory and shipments to the United States.
The documents quote Hernandez ? identified as co-conspirator 4 ? as saying he wanted to “‘shove the drugs right up the noses of the gringos’ by flooding the United States with cocaine.”
This week, Hernandez has said in a series of Twitter messages that the witnesses in New York are seeking to lighten their sentences by making up lies against him. |
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Anchorage companies, man fined for clean air violations
Court News |
2021/03/01 14:27
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Act involving asbestos work at a shopping center more than five years ago, a judge said.
The work was performed at the Northern Lights Center in Anchorage, the former location of an REI store. Reports of potential asbestos exposure at the time closed the store for a day back in 2015, authorities said.
U.S. District Court Judge Joshua Kindred sentenced Tae Ryung Yoon, 64, on Friday to probation, fined him $35,000 and said he owes $30,000 in restitution for medical monitoring of the four workers who claimed they were exposed to asbestos, the Anchorage Daily News reported.
The owners of Yoo Jin Management Company Ltd. and Mush Inn Corp. were also sentenced after agreeing to plead guilty to a charge of violating the Clean Air Act’s Asbestos Work Practice Standards. Both companies are owned by Chun Yoo, who is in his 80s and has “serious medical conditions,” and his wife, attorney Kevin Fitzgerald said. The couple still owns the center.
The case centers on workers who said they were exposed to asbestos during improperly conducted renovations involving an old boiler room. The work was stopped when two of the workers raised concerns.
High levels of asbestos exposure can cause lung disease or cancer.
Prosecutors said in a statement that the building owners and manager relied on a contractor who was not a certified asbestos abatement contractor and “failed to inform the contractor of the possibility of asbestos in the old boiler room.”
Fitzgerald argued that an assessment indicated no evidence of asbestos when his clients bought the center in 2006. Yoon was the building’s property manager at the time.
Documents show the boilers were replaced by another company in 2012 and the old ones were removed in 2014 to make more room. Some of the workers took photos of what they thought was asbestos and emailed them to the property management company that employed Yoon.
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GameStop soars again; Wall Street bends under the pressure
Court News |
2021/01/27 22:36
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GameStop’s stock is back to the races Friday, and the overall U.S. market is down again, as the saga that’s captivated and confused Wall Street ramps up the drama.
GameStop shot up more than 70% in midday trading, clawing back most of its steep loss from the day before, after Robinhood said it will allow customers to start buying some of the stock again. GameStop has been on a stupefying 1,900% run over the last three weeks and has become the battleground where swarms of smaller investors see themselves making an epic stand against the 1%.
The assault is directed squarely at hedge funds and other Wall Street titans that had bet the struggling video game retailer’s stock would fall. A couple have already essentially admitted defeat, with one saying Friday it would stop publishing reports on stocks it expects to fall. The army of smaller and novice investors, meanwhile, is pledging to keep up the momentum for GameStop’s stock in hopes of inflicting more pain on the financial elite.
The moves are reverberating across Wall Street, as concerns rise about how much damage the frenzy could do as its effects spill out into the broader market. The big professional investors who had been banking on a drop for GameStop’s stock are taking sharp losses. Investors say that’s pushing them to sell other stocks they own to raise cash, and that is helping to pull down parts of the market completely unrelated to the revolt by Main Street investors. |
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India's top court suspends implementation of new farm laws
Court News |
2021/01/14 20:09
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India’s top court on Tuesday temporarily put on hold the implementation of agricultural reform laws and ordered the creation of an independent committee of experts to negotiate with farmers who have been protesting against the legislation.
The Supreme Court's ruling came a day after it heard petitions filed by the farmers challenging the legislation. It said the laws were passed without enough consultation, and that it was disappointed with the way talks were proceeding between representatives of the government and farmers.
Tens of thousands of farmers protesting against the legislation have been blocking half a dozen major highways on the outskirts of New Delhi for more than 45 days. Farmers say they won’t leave until the government repeals the laws.
They say the legislation passed by Parliament in September will lead to the cartelization and commercialization of agriculture, make farmers vulnerable to corporate greed and devastate their earnings. The government insists the laws will benefit farmers and enable them to market their produce and boost production through private investment. Chief Justice Sharad Arvind Bobde said the independent committee of four experts would “amicably resolve” the standoff between the farmers and the government.
The court, however, did not provide details as to how it selected the committee experts.
Farmer unions rejected the idea of an expert committee and said all four members have publicly favored the contentious legislation. They reiterated their demand for the total repeal of the laws. A key union said the court’s decision to suspend the implementation of the legislation was welcome but “not a solution.” “The government must withdraw. It must understand that farmers and people of India are opposed to the laws,” the All India Kisan Sangharsh Coordination Committee said.
During a virtual hearing on Monday, Bobde said the impasse was causing distress to farmers and the situation at the protest sites was only getting worse. “Each one of us will be responsible if anything goes wrong,” Bobde told India's attorney general, K.K. Venugopal, who was arguing for the government. The two sides have failed to make progress in multiple rounds of talks over the farmers’ main demand that the laws be scrapped. The government has ruled out withdrawing the laws, but says it could make some amendments. |
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