Supreme Court backs Student Textbook Copyright case

Supreme Court backs Student Textbook Copyright case

The United States Supreme Court ruled that textbooks and other good made and sold abroad can be re-sold online and in discount stores without violating U.S. copyright laws.

In a 6-3 opinion, the court threw out a copyright infringement award to publisher John Wiley and Sons against Thai graduate student Supap Kirtsaeng, who used ebay to resell copies of the publisher’s copyrighted books that his relatives first bought abroad at cut-rate prices.

Justice Stephen Breyer said in his opinion for the court that once goods are sold lawfully whether in the United States, or elsewhere, publishers and manufacturers lose the protection of U.S. copyright laws.

“We hold tht the ‘first sale’ doctrine applies to copies of a copyrighted work lawfully made abroad, “Breyer said.

In a dissent for herself, Justices Anthony Kennedy, and Antonin Scalia, Justice Ruth Bader Ginsburg said the court was ignoring Congress’ aim of protecting “copyright owners against the unauthorized importation of low-priced, foreign-made copies of their copyrighted works”

Justice Elena Kagain, joined by Justice Samuel Alito, said in a separate opinion that Congress is free to change the law if it thinks holders of copyrights need more protection. Chief Justice Roberts and Justices Sotomayer and Thomas also were part of the court’s majority.

Kirtsaeng sold $900,000 worth of books published abroad by Wiley and others made about $100,000 in profit.

The case is Kirtsaeng v. John Wiley and Sons 11-697

FINAL LOCATIONS OF THE SPACE SHUTTLES

November 13, 2012

Here is a complete list of the locations of where all of the space shuttles and where they are at:

 

  Enterprise:   Shuttle prototype used in jetliners-drop tests over Edward Air Force base in California in 1977 and never flew in space.  The Enterprise was original on display in the Smithson Institute in Virginia and was flown to New York City this past April and was moved to the Interpid Sea, Air and Space Museum in June.

 Columbia:   Destroyed during descent on February 1, 2003 after 28 missions dating back to 1981.  All 7 astronauts were killed.  The wreckage is stored at NASA’s vehicle assembly building at Kennedy Space Center for research.

Challenger:  Destroyed during launch on February 28, 1986 after 10 missions dating back to 1983.  7 astronauts were killed.

Discover:    Discover was moved to Smithson Inst. Hanger in Northern Virginia in April after 39 mission dating back to 1984.

Atlantis:  Moved to Kennedy Space Center after 33 missions dating back to 1985.

 Endeavour:  Moved to Los Angeles and placed at the California Science Center in October of 2012.  After 25 mission dating back to 1992 and this shuttle replaced the Challenger.

NEW JERSEY WOMAN HIT WITH BASEBALL SUES LITTLE LEAGUE PLAYER

July 19, 2012

 

A New Jersey woman who was struck in the face with a baseball at a little league game is suing the young catcher who threw it.

 

Elizabeth Lloyd is seeking more than $150,000 in damages to cover medical costs as the result of an incident at a little league game that happened over two years ago.  Elizabeth Lloyd is also seeking an undefined amount for pain and suffering.

 

Little League player catcher Matthew Migliaccio was 11 years old at the time and was warming up a pitcher.

 

The lawsuit which was filed on April 24^th alleges that Migliaccio errant throw was intentional and reckless, “assaulted and batters” and that Lloyd caused “severe, painful and permanent” injuries.

 

Another count alleges Migliaccio actions were negligence and careless through “engaging in inappropriate physical and or sporting activitiy, near Lloyd.  She continues to suffer pain and anguish, incur medical expenses and has been unable to carry out her ususal duties and activities, the lawsuit says.

 

Bob Migliaccio , the father of Matthew Migliaccio stated that if his son has been horsing aroung, he would feel differently.  But Matthew was doing what his coaches told him to do, he said and noted that little league players aren’t always accurate in their throws.

 

“Its absured to expect every 11 year old to throw out the ball on target” “Everyone knows you’ve got to watch out.  You assume some risk when you go out to a field. That is just part of the game” Matthew Migliaccio said.

 

Steve Barr, a spokesman for the little league declined to comment on the litigation.  He said that each local league is required to have accident insurance, but only covers personnel.

 

“That includes coaches, players, even concession stand workers.  But it does not cover spectators” Barr said.

 

Let’s hope that this case gets toss out of court. This lawsuit is unnecessary.

Could 2012 Primaries turn out to be like 1976

1976 Republican National Convention was the last major party convention, where the party nominee was not decided before the Primary Process concluded.

On one side you had the incumbent, President Gerald Ford.  Gerald Ford was appointed President upon the resignation of Richard Nixon in 1974.  Gerald Ford faced a strong primary challenge from former California Governor Ronald Reagan.

Ronald Reagan and the conservative wing of the Republican party faulted Ford for failing to do more to assist South Vietnam and for his signing of the Helsinki Accord, which they took as implicit U.S. acceptance of Soviet domination over Eastern Europe.  They were also mad by Ford’s negotiations with Panama to hand over the Panama Canal.

PRIMARY RACE

Ford narrowly defeated Reagan in the New Hampshire Primary and then proceeded to beat Reagan in the Florida and Illinois primaries by comfortable margins. By the time of the North Carolina primaries Reagan’s campaign was running out of money.  However, with the assistance of U.S. Senator Jesse Helms Reagan would go to upset Ford in North Carolina. Ronald Reagan would go on to win several key states including Texas, were he would carry all of the Congressional district and won all 96 delegates at stake.

By the time the Republican National Convention open in August of 1976 the race for the nomination was still too close to call.

FLOOR ACTION

The turning of the convention occurred when Reagan’s managers proposed a rules change that would have required Ford to publicly announce his running mate before the presidential balloting.  Reagan’s managers hoped that when Ford announced his choice for vice president, it would anger one of the two factions of the party and thus help Reagan. 

The proposed rules change was defeated by a vote of 1180 to 1069 and Ford gained the momentum he needed to win the nomination.  Ford won the nomination with 1187 votes to Reagan 1070 votes.

Could the 2012 Republican primaries turn out to be 1976 all over again.

Only time will tell.

 

 

 

Justices to Review Affirmative Action

Frank Osekowsky

February 23, 20212

A challenge from a white student who was denied admission to the University of Texas flagship campus will be the high court’s first look at affirmative action in higher education since its 2003 decision endorsing the use of race as a factor.

A federal appeals court upheld the Texas program at issue, saying it was allowed under the high court in Grother v. Bollinger in 2003.  That upheld racial consideration in university admission at the university of Michigan Law school.

Abigial Fisher filed a lawsuit along with another women when they were denied admission at the university Austin campus.  They contended the school race-conscious policy violated their civil and constitutional rights.

Justice Elena Kagan, is not taking part in this case.

Will the Democrats lose the 2012 Presidential Election like they did in 1980?

Frank Osekowsky

February 22, 2012

“Are you better off now than you were four years ago,” Ronald Reagan asked back in 1980, while running for President.  The voters said No and elected him as President.

In 1980, Ronald Reagan saw a nation in trouble and offered a clear alternative to Jimmy Carter.

Jimmy Carter was in trouble with the voters because of economic conditions, and the capture of the American Embassy in Iran.

The Carter administration had an unemployment rate of 7.5%.  President Obama has an unemployment rate of 9%.

Jimmy Carter came to be perceived like Obama has as a weak, vacillating leader under whose presidency the economy deteriorated badly.  Jimmy Carter allowed Iran to fall to Islam.  Just like several middle eastern nations are now falling that way under Obama.

In 1977, President Jimmy Carter signed into Law, the Community Reinvestment Act which for decades forced banks to make loans to poor people.

President Obama is still promoting Community Reinvestment Act, Fannie Mae and Freddie Mae today even after they directly caused our collapse our economic collapse.

President Ronald Reagan is the only post depression president to win reelection with an unemployment rate over 6%.  Reagan had gotten unemployment down to 7% from 10%.

Obama aides said they planned to point to the bad economy the president inherited, how he made it better, and warn that going back to the other party’s control would be an economic U-turn. Just like Jimmy Carter did in 1980.

Who every the Republican candidate is they will be asking the voters the same question come November.  “Are you better off now , then you were four years ago.”

In the end, people will look at the state of the economy. They will not care whether Mr. Obama has been “lucky” or “unlucky.” They will look at the results.. The polling may show a tight race for a while, but in the end, Obama will lose, badly.

NEW YORK POLICE DEPARTMENT TO PLACE MOBILE SCANNERS ON THE STREETS OF NEW YORK CITY

2-1-2012

4^TH Amendment to the United States Constitution states: :The right of the people to be secure in their person, houses, papers and effects, against unreasonable searches and seizures shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particular describing the place to be searched, and the  person or things to be seized.

Commissioner Ray Kelly of the NYPD is in talks with the Pentagon to secure body scanners that will be used throughout the Big Apple.

According to Commission Kelly this new technology would be only used in “Reasonably suspicious circumstances”.  But what constitutes “suspicious” in the eyes of the NYPD?.

The technology that Commissioner Kelly is looking to acquire is called Terahertz Imagining Detection scanners, this high tech radiation detector will measure energy that is emitted from a person’s body. 

These scanners will allow the NYPD to conduct illegal searches by means of scanning anyone that is walking down the streets of New York .  Any object that is on your person could be privy to the eyes of the detector, and any suspicious screens can prompt the police to search someone on suspicion of having a gun, or anything else under their clothes.

So basically anyone that is walking down the street can be a subject of a search without knowing it.

Last May, the NYPD revealed that of the over 180,000 stop and frisk encounters reported %88 of them ended in neither an arrest nor a summons leading many to assume that New York Cops are already going above and beyond the law by searching seemingly anyone that they chose.

The question is then does this searches fall under the 4^th Amendment rights in regards to search and seizure.

WHY NEWT GINGRICH IS THE TRUE CONSERVATIVE TO BECOME PRESIDENT

 The last true conservative President that the United States had ended in 1988 with Ronald Reagan.

A conservative is someone that believes in personnel responsibility, limited government, free markets, individual liberty and a strong national defense.

 Newt Gingrich believes in a strong national defense, lower taxes and a small government.

 Michael Reagan released a statement supporting Newt Gingrich for President.

 Here is what he said: “I am endorsing Newt Gingrich for President and here is why:

Newt understands that we must reject and fundamentally change the court that Barack Obama has set for America.

is our only chance in 2012 to contrast a Reagan conservative with Obama’s European’ styled socialism.

Strong national defense, lower taxes and smaller government.

In the 90’s Newt’s leadership brought us with the Contract with America which changed Washington.

I’m confident Newt can do it again.

We cannot afford a candidate backed by the same Washington insiders who repeatedly tried to undermine my father and the Reagan revolution.

It’s time to choose.

Do we go forward with bold ideas or continue with failed policies?

So I ask my fellow Republicans and conservatives to join me in supporting Newt Gingrich for President.”

Newt’s 21st Century Contract with America Overview The 21st Century Contract with America consists of 4 main components:

 1. Legislative proposals that will shift America back to job creation, prosperity, freedom, and safety.

 2. A Day One Plan of Executive Orders to be signed on inauguration day that will immediately dismantle much of Obama’s government and transform the way the executive branch works.

3. A training program for the transition teams and the appointees who will lead the shift back to Constitutional, limited government.

4. A system of citizen involvement that will help sustain grassroots support for change and help implement the change through 2021.

 The sweeping and vast magnitude of change that the restoration of America will need cannot be done by any one person or Administration. This is why Newt asks each and every one of us to be “with him for the next 8 years, not just for him.”

Part 1: Legislative Proposals Repeal Obamacare Return to Robust Job Creation Unleash America’s Full Energy Production Potential Save Medicare and Social Security Balance the Federal Budget Control the Border by January 1, 2014 Revitalize Our National Security System Maximize the Speed and Impact of Medical Breakthroughs Restore the Proper Role of the Judicial Branch Enforce the Tenth Amendment

Part 2: Day One Executive Orders Eliminate the thirty-nine White House “Czar” positions “Mexico City Policy” of Respect for Life Restore conscience clause protections for Healthcare Workers Respect Each Sovereign Nation’s Choice of its Capital End the Attorney General’s Assault on the States The Keystone Pipeline

So let’s help the only true conservative candidate that is running for president, Newt Gingrich.

NEW CALIFORNIA LAWS FOR 2012

By: Frank Osekowsky

12/19/2012

As 2011 is near an end, I decided to take a look at some of the new laws that will take effect for California in 2012.

 

DUI  CHECKPOINT LAW

Unlicensed but sober drivers stopped at DUI checkpoints across the state will no longer face an automatic impounding of their vehicles.  They will still face a fine for driving without a license, but they will have the option of relinquishing control of their vehicle to a licensed driver avoid having it towed and impounded.

EMPLOYMENT CREDIT CHECK LAW

Employer’s will longer be able to request credit reports for new employees, unless they are applying or working in a financial inst, law enforcement or the justice department.

This law also exempts workers who have (1) has access to people’s bank or credit card, social security numbers and date of birth; (2) has access to an employer’s proprietary information or trade secrets;(3) signs a check, credit cared, financial contract, or transfers money for an employer and (4) has access to more than $10,000 cash or (5) is a manger in certain industries.   This law will take effect on January 1, 2012.

GAY BULLYING LAW ALSO CALLED SETH’S LAW

This law will require that all public schools to have a uniform process dealing with gay bullying complaints.  Mandates that school personnel intervene if they witness gay bullying.  This law takes effect on January 1, 2012.

LGBT EQUALITY AND EQUAL ACCESS TO HIGHER EDUCATION LAW

State Univ. and colleges must create and enforce campus policies protecting LGBT from harassment and appoint employee contact persons to address on campus LGBT matters. 

PROTECTION OF PARENT CHILD RELATIONSHIP LAW

This law will allow courts to consider the relationship between a child and a non biological parent when considering child rights cases involving birth parents, adoptive parents, and gay or lesbian parents.

GAY DIVORCE LAWS

This law provides that if a gay couple gets married in California but lives in a state that will not grant them a divorce, the California courts will have jurisdiction to grant them a legal action.  The case will be filed in the county where the gay couple were married.  This law takes effect January 1, 2012.

CALIFORNIA GAY HISTORY LAW

In 2011, Governor Jerry Brown signed the Gay History Law, which mandates that school textbooks and social studies include gay, lesbian, bisexual and transgender accomplishments.

PREGNANCY DISABILITY LAW

This law prohibits employers from refusing to maintain and pay for group health insurance coverage for the duration of pregnancy disability leave, up to four months in a 12-month period.

E VERIFY SYSTEM

This law provides that state agencies, cities, and counties cannot require private employers to use the federal E-Verify system to confirm the legal immigration status of workers they hire, except when required by federal law or as a condition of receiving federal funds.

E-Verify is a computerized system maintained and operated by the U.S. Department of Homeland Security, in partnership with the Social Security Administration. E-Verify allows employers to use the program, on a voluntary basis, to verify that the employees they hire are authorized to work in the United States

These are just some of the 700 laws that will take effect in 2012