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Category Archives: Law

Further on Intellectual Property

Regular commenter Lorenzo has written a very thought-provoking post on intellectual property, which I highly recommend. I looked over it and made a few lawyerly comments… for which he has provided me with far too much credit
The take-home (and very thoughtful) piece of analysis? (Lorenzo is a specialist on the role and activities [...]

Word, Pat

You may not agree with everything notable atheist and skeptic Pat Condell says, but it needs to be said all the same. You may not like Geert Wilders much, either, but this is appalling.
[youtube]http://www.youtube.com/watch?v=96ZUZ9CPZII&feature=topvideos[/youtube]
More (mainly in Dutch, alas) here.

Down, Kookaburra, Down

I learn via the Hoydens that the Federal Court (oh, the stupid, it burns) has decided that Men at Work’s Down Under infringed the copyright held by the owners of Kookaburra Sits Under the Old Gum Tree. Here are a few observations from a lawyer who has handled some small IP matters.
1. IP law is rapidly [...]

Restitution for wrongs and child pornography

A friend alerted to me to an interesting case reported in the New York Times involving monetary restitution to a victim of child pornography  who goes by the pseudonym “Amy”.
When she was 8 or 9 years old, Amy’s uncle had filmed her in a series of pornographic photographs known as the “Misty” series. Amy is [...]

Lawyers for pets

Long-time readers of this blog will know I’m fascinated by animals and the law. A while back I wrote a post on the topic of pets who are recipients of bequests, and discussed the possibility of a rich animal being better represented before the law than a poor human being. The dog in that post [...]

Food allergies and negligence

Via the Obligations Discussion Group, I have become aware of a recent English High Court case, Bhamra v Dubb (trading as Lucky Caterers) [2010] EWCA Civ 13. As someone who suffers from a severe food allergy myself (anaphylactic reaction to tree nuts) this case is of intense interest to me.
The facts of the case are [...]

The limits of law

[Update: now cross posted at Online Opinion - 22/1/10]
One of the things that I’m thinking about in my PhD is the limits of law. What can law change? And more importantly, what can’t it change? Who enforces the law? Can we change the way in which people behave by regulating them more?
Via CoreEconomics, I came [...]

Bloggers, journalists and the law

Richard Ackland has an interesting piece in the SMH on the laws protecting journalists versus the laws protecting bloggers, with some thoughts about the blurred line between journalism and blogging as well. He says:
Justice William Gummow of the High Court asked the question last year during an appeal in Ray Chesterton’s defamation action against 2UE: [...]

Artistic talent and crime

Via Jason Soon’s Sick of Politics blog I came across an interesting piece by Clive Hamilton on talented artists who commit crimes. Like Jason, I think it’s probably the first time I’ve been in unqualified agreement with Clive. Wonders will never cease.
Hamilton says:
Should artistic talent place those who possess it above the law? Put this [...]

You wouldn’t read about it

A Muslim protester accused of calling soldiers murderers at a parade claims he did not intend to upset anyone. Munim Abdul told Luton magistrates he did not expect to cause offence because his group had spoken “the truth”.
Seven men deny using threatening, abusive or insulting words and behaviour likely to cause harassment, alarm and distress. [...]