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Archive for ‘Substantive Law: Foreign Law’

Youtube Confirmed as a Channel Not a Publisher

Today the Audiencia Provincial in Madrid released a significant ruling in the fight between Spanish television channel Telecinco and Google’s Youtube service. Surprise, surprise, sometimes fans post videos from television broadcasts on Youtube without tracking down rights owners to clear copyright.

But is Youtube liable for any infringement?

The Spanish company argued that its intellectual property rights were being violated, but a court in Madrid ruled that it was the responsibility of the copyright owner to identify such infringement and alert Google. It had set out to obtain what it believed would be an international precedent.

Historically, . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Technology: Internet

A Great Month for Online IP Resources

Intellectual property researchers should have a look at WIPO Lex, a new reference resource from the World Intellectual Property Organization (WIPO) that provides up-to-date information on national IP laws and treaties of the members of WIPO, the World Trade Organization and the United Nations. It currently features the complete IP legal texts for over 60 countries with substantial coverage for a further 100 legal systems.

IP history buffs can also explore Primary Sources on Copyright (1450-1900) sponsored by the Arts & Humanities Research Council (Great Britain). It is a “collection of key primary documents from five countries—the United States, . . . [more]

Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law, Substantive Law: Legislation Online Transnational Legal Research

A colleague has made me aware of, a free website providing access to and information about transnational legal research.

The site can be searched by keyword with filters for such things as type of text (Court Decision, Arbitral Awards, Doctrine, Clause, Legislation or Principles) or language (English, French, German, Italian, Spanish, Dutch, Portugese and Latin).

The site can also be searched or browsed by one of 4 categories (the descriptions below are taken directly from the site):

1) Principles: The TransLex-Principles contain more than 120 principles and rules of transnational law, the New Lex Mercatoria, supported by . . . [more]

Posted in: Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Using Shari’ah to Protect Women Under the Common Law

Rafia Zakaria is an American lawyer and Ph.D. candidate at the Political Science at Indiana University. She writes in the September 2010 issue of Guernica about how she has used Shari’ah (Islamic law) to enhance the rights of a female client from Jordan who had been married, abused in the U.S., and finally divorced.

Rudi Stettner of the IndyPosted gives a summary of the predicament of Zakaria’s client,

The woman had married a fellow Jordanian in a whirlwind courtship and followed him to America. It very quickly became apparent that the man had an American mistress. When Zainab (The young

. . . [more]
Posted in: Education & Training, Substantive Law: Foreign Law

Jersey, Law and Social Media

Though we frequently mention New Jersey, we haven’t mentioned the Channel Islands – and their unique local laws and language. The local BBC news on Jersey mentions today that the Jersey Legal Information site was according to the BBC designed by Richard Susskind and that Richard is leading a conference on the use of social media within law, and how social media might enhance a legal information institute portal.

The event will look at using social media such as Twitter and Facebook to provide legal information for lawyers and citizens alike.

Richard notes that smaller jurisdictions may be . . . [more]

Posted in: Legal Information: Information Management, Substantive Law: Foreign Law

Welcome to in Custodia Legis – Mapping the Law of the US

We didn’t get around to noticing the Law Library of Congress’ new blog In Custodia Legis, which explains its name and aim here.

Today, it featured a new post on the developments at Thomas to make legislative information more accessible. There aren’t a lot of comments yet, but it’s early days.

The high spots for me were on Social Media and a Legislative Map at the State level, which looks simple but is only simple to use.

Social Media Box

In addition to easier access to the Library’s social media, there is a new box to highlight ways . . . [more]

Posted in: Legal Information: Information Management, Legal Information: Libraries & Research, Substantive Law: Foreign Law, Substantive Law: Legislation

Scotland to Abolish Rule Against Double Jeopardy

Scotland proposes to join England and Wales in abolishing the rule against double jeopardy in some criminal matters. According to the story on the BBC site, the move appears to have been prompted by the acquittal, three years earlier, of a person suspected of being guilty of some terrible murders.

The Scottish Law Commission released a report on double jeopardy [PDF] at the end of last year, recommending that the law be changed to permit an acquittal to be set aside where the trial was “tainted.” The Commission was unable to reach a conclusion as to whether an acquittal might . . . [more]

Posted in: Substantive Law: Foreign Law

U.S. “Speech Act” Signed Into Law

U.S. President Obama today signed into law the “Speech Act,” which is aimed at protecting U.S. writers from foreign libel judgments from jurisdictions that, in the opinion of a U.S. court, do not adequately protect freedom of speech. Such foreign judgments will not be enforceable in the United States — where, presumably, the writer’s and publisher’s assets are located. The legislation was prompted, as the BBC report says, by a libel suit against American writer Rachel Ehrenfeld who was sued in England, a notorious destination for libel tourism, because of a book on the funding of terrorism.

I believe that . . . [more]

Posted in: Substantive Law: Foreign Law

Federal Register 2.0

The Federal Register, the daily journal of the United States Government including changes to rules and regulations, is celebrating its 75th anniversary, has relaunched its website and re-envisioned their services. Federal Register 2.0 is organized like a daily newspaper and is part of the open government initiatives under the Obama administration.

This video (which also appears on the new website under “About Federal Register 2.0″) provides additional detail about the history of the Federal Register and the changes:

Also note the website is using images from photo sharing site Flickr made available for use under Creative Commons licensing. . . . [more]

Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law

RIM Blackberry Security Irks UAE, Saudi Arabia

There has been a lot of press over the latest countries that don’t want Blackberries in their country unless they can get access to monitor user communications. See, for example, the Washington Post, Techdirt, Engadget.

RIM designed Blackberry communications so they would be secure, in a way that RIM itself can’t even access them. That’s a great feature that makes privacy advocates, corporate users, and individual users very happy. 

But it also makes some governments very unhappy – particularly those who believe they need to spy on communications. Some to the extent that they threaten to ban . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law, Technology

Law Libraries Look Forward and Back

My colleague Laurel Murdoch showed me the latest issue of the Harvard Law School Bulletin, the lead article focusing on the changes happening at the Harvard Law Library, led by John G. Palfrey, the Law School’s vice dean for library and information resources (formerly of the Berkman Center for Internet & Society). Palfrey is the author of a very interesting piece that Louis alerted us to, entitled Cornerstones of Law Libraries for an Era of Digital-Plus

Palfrey’s piece ends with a collaborative challenge:

Our next step should be a process akin to a design charrette.60 We ought to

. . . [more]
Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law, Technology: Internet