Friday, May 04, 2012

EU Copyrights: European Court of Justice: ECJ Holds That Computer Program Functionality Is Not Copyrightable, but Programming Languages and File Formats may be

The European Court of Justice (ECJ) has ruled that Computer program functionality not copyrightable but programming languages and file formats may be protected by the Copyright Directive.

Lawyers and Leadership on the Example of Cesar Millan, The Dog Whisperer: Trust is the Key

At, Ron Taylor has a guest posting by Ron Taylor on
Leadership for Lawyers: What the Dog Saw,
pointing toward a "trust" secret of Cesar Millan, The Dog Whisperer,
that can be applied to most any area of life, not just law.

The U.S. Supreme Court and the Upcoming Presidential Election: Future Justices

Charles M. Blow has the story at the New York Times at Things That Really Matter, starting with the Supreme Court of the United States and how the Presidential Election could impact the selection of new Justices, given the advanced age of a number of the incumbent Justices. Blow writes inter alia:
"Mitt Romney [has] chosen Robert Bork, a rejected Supreme Court nominee, as one of the chairmen of his Justice Advisory Committee, [and] he has made it clear that he will choose extremely conservative justices [quoting Romney]:

'I would have favored justices like Roberts and Alito, Scalia and Thomas'."
Those four Justices -- in the opinion of the LawPundit, a political centrist -- are among the worst judges the Supreme Court has ever had and so history will remember them, without a doubt.

Bork in our view is even worse than the incumbents, defending doctrines out of the dark ages, e.g. alleging that the Constitution does not grant "a right to privacy", an absurd position. Bork is now already 85 years old and is a Roman Catholic (converted in 2003). Like the current Supreme Court Justices, 6 Catholics and 3 Jews, he does not represent mainstream America by any means.

There are currently NO Protestants on the United States Supreme Court, even though Protestants make up the majority of the American citizenry. President Obama should be appointing Protestants in the future, but there is no guarantee of that either. Romney's selection of Bork for his Justice Advisory Committee eliminates Romney for us as a "voteable" candidate for the Presidency.
America needs to go forward, not backward, but it may already be too late.

One of the major problems today is that the U.S. Supreme Court is occupied by people fundamentally addicted to outdated doctrines and views that are helping to bring America into the category of a 3rd-World nation. Nostalgia is no policy to run a country.

Stanford Athletic Director Bob Bowlsby to be New Big 12 Commissioner

ESPN has the news at Stanford Cardinal AD Bob Bowlsby accepts Big 12 commissioner job.

Two-Faced Dystopian America: Stripped Naked, Deloused and Uninsured

At The Guardian, Bernard Harcourt has coined the phrase "Stripped Naked, Deloused and Uninsured" to describe the demeaned "American" facing unconscionable two-faced law and politics in the United States.

That two-faced system is exemplified, according to Harcourt, by a U.S. Supreme Court that recently gave the go ahead for strip searches "without probable cause" as not being violative of individual rights in America, but at the same time a U.S. Supreme Court -- the SAME court -- that in oral argument recently showed grave doubts about requiring people to have health insurance, because that would be violative of individual rights in America.

Harcourt starts out his "must read" article as follows:
"There is a deep tension in contemporary US political thought between the notion of freedom that tends to dominate in the socio-economic domain and the concept of liberty that predominates in the penal sphere. In socio-economic matters, the idea of freedom tends to be shaped by classic economic liberalism: the belief that an invisible hand shapes favorable public outcomes, that individuals need robust protection from the government, that the state should refrain from interfering in commerce and trade. In the law enforcement and punishment context, by contrast, the dominant way of thinking about liberty gives far more ground to the government, to the police and to the state security apparatus."
Make sure you read the whole thing to get an idea of the significant change in the nature of the United States that has been taking place over recent decades and which, in this, the 21st century, has produced massive, unprecedented curtailments of individual personal liberties -- all allegedly for the sake of national security -- while at the same time empowering an elitist and monopolist culture of the few, who are profiting on the backs of e.g. foreign labor exploitation and via destruction of the American middle class.

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