Showing posts with label Court. Show all posts
Showing posts with label Court. Show all posts

Wednesday, October 23, 2013

On Wendy Davis, The Supreme Court, and Speaking Out as Women

At first it was just a few women speaking alone. The week began with Ruth Bader Ginsberg reading aloud her dissents in the Supreme Court’s decisions to gut the Voting Rights Act and narrow employment-discrimination protections under the withering eyeroll of her male colleague. Then it was Sen. Wendy Davis taking to the floor of the Texas State Legislature to filibuster a restrictive abortion bill while fielding questions from one after another male lawmaker, some of whom asked whether she understood the Roe v. Wade decision. (Davis is a Harvard-educated attorney.) It triggered a flashback to every time I’ve been in a room full of powerful men and thought, “Well, there’s no other woman here. Guess I’m going to be the one to say this...”

While the Supreme Court rulings — both Monday’s disappointments and yesterday’s landmark gay rights decision — are of huge national importance, it was the hours-long saga of Davis’s filibuster that captured this emotion on Tuesday. Women, people of color, gay people—anyone who’s underrepresented in national politics—are so desperate to see ourselves reflected and our interests voiced in real time. Not by a small throng of protesters outside on the capitol steps or by an encampment in lower Manhattan, but in the center of the action, by a credible and even-voiced and authoritative representative, someone who actually has the power to change things. This isn’t to say that straight white men never speak up for our interests. But there is a level of comfort in knowing that the person speaking has lived your experience. And shared experience is also a galvanizing force. By the time Davis had stopped talking, hours later, this week was no longer about a few women speaking up. They were joined by women in the Texas senate chamber, out the door in the rotunda, outside the capitol building, and on Twitter, and all over the world.

We couldn’t look away from Wendy Davis. During her more than 10-hour filibuster of a bill that would drastically restrict abortion access by closing all but five clinics in the state and ban most abortions after 20 weeks, Davis got personal. She didn’t just rattle off statistics about how women who seek later-term abortions are often doing so as a last resort to protect their own health. She also talked about her own ectopic pregnancy, a life-threatening condition. Davis didn’t just recite talking points about how women take these decisions seriously. She read letters from dozens of women who struggled with the choice to abort a pregnancy — then follow through on that choice. Davis didn’t just explain that this bill would reduce the number of abortion providers in the state to only five far-flung locations. She calmly explained that there was a period of her life during which she could barely afford the gas money to get to and from work, let alone traverse several counties for a $500 medical procedure. She talked about being poor and uninsured and relying on Planned Parenthood. “This,” Davis said, “has been my life.”

It’s become clear this week that objective facts of American’s lives — that some of us are in loving, committed relationships with someone of the same gender, or that some of us have needed an abortion at some point, or that some of us have had a racist or sexist supervisor make our lives a living hell — are still contentious. Our everyday experiences are up for debate. The burden of proof is on women and gay people and nonwhite Americans to justify their lives, to explain to those who have never felt this sort of powerlessness or discrimination that it’s very much real. Somehow that was all distilled for me when, after Wendy Davis explained in patient detail her ectopic pregnancy and her financial struggles, one of her colleagues retorted, “You know, Senator Davis, this bill really is about women’s health.” As if these things were completely unrelated.

For us, they are related. They are real. Like hundreds of thousands of people, I listened to Davis speak — for me, for Texas women, for all women — thanks to a grainy livestream and obsessively refreshing Twitter. Katie Naranjo, a local women’s rights advocate who spent more than 13 hours in the Senate chambers on Tuesday, told me on the phone that night, “As she was reading the testimony of all the women who weren’t allowed to testify before the committee, we all knew she was our voice. We were her and she was us.”

She was us. And so when Davis was yanked from the floor on a parliamentary technicality — Republicans said she violated the rules of order by making points about women’s health that they deemed were “not germane” to the women’s health legislation under consideration — other women rose to speak. Or tried to. Senator Leticia Van de Putte, who had rushed to the capitol directly from her father’s funeral earlier that day, was granted the floor and asked, “At what point must a female senator raise her hand or voice to be recognized over the male colleagues in the room?”

It was at this point the women in the chamber, who had been shushed for hours, erupted in a chant of “Let her speak! Let her speak!” The chorus had a distinctly female, strangely jubilant timbre. It had been Davis’s intention to speak until midnight, not yielding the floor until the legislative session expired so that the abortion-restricting bill would not be able to come to a vote. But when she was pulled from the floor just minutes before midnight, the women who had assembled picked up where she left off, drowning out the legislators’ attempts to call a vote.

We are her. She is us. Let her speak.

“Senator Van de Putte came back from her father’s funeral and they wouldn’t recognize her even though the entire gallery heard her yell, ‘motion to adjourn,’” Naranjo said. “They cut off all the Democrats’ microphones. We knew there was no justice or legitimacy, so that’s when we started yelling.”

The women in the gallery yelled for 20 minutes. They yelled for Wendy Davis and for Ann Richards and for every strong Texas woman they’d ever known and loved. They yelled for their sisters and friends and daughters. They yelled because they’d been told to keep quiet all day long, to sit down and respect the rules of order that were all stacked against them. They yelled to be heard. “It felt great, because we were a part of something,” my friend Asha Dane’el, who rushed to the senate gallery after she finished her shift at work on Tuesday, wrote me over Gchat. “Feminists and women who are pro-choice have been disenfranchised in Texas for a long time. Last session, the legislature really wreaked havoc on our state with the budget cuts to health care and public education. We watched Planned Parenthood get gutted. Tonight, and the other nights we fought this bill, felt like we were doing something, and getting something back.”

In his announcement that the vote had not gone through and the bill had failed, Lt. Gov. David Dewhurst explained poutily, “An unruly mob, using Occupy Wall Street tactics, disrupted the Senate from protecting unborn babies.” But this wasn’t Occupy. It wasn’t a movement of outsiders raging against the system. This was a group of citizens — most of them women — working at the very center of the halls of power. It was a joint effort, capped off with bear-hugs and text-message emoticons, between women politicians and activists and citizens and long-distance supporters who spoke together all said, “No.”

After each election, when we tally the percentage of women represented in each legislative body, there’s always a reasonable op-ed that points out that gender is not necessarily the best predictor of voting behavior. (See: Bachmann, Michelle.) As I have written many times, “A woman candidate is not the same thing as a woman’s candidate.” But last night was a gut-level reminder of the power of shared, lived experience in politics—and what happens when you ask one too many times that women prove their experience is legitimate. This is, to a certain extent, what makes this week’s Supreme Court’s decisions this week so powerful, too. The Court’s evisceration of the Voting Rights Act relied on big-picture statistics that many black Americans felt did not represent their lived experience with race. And the ruling to overturn DOMA, in essence, did the opposite: The justices validated relationships that gay Americans had struggled for years to convey as deeply important in their sameness to an often blissfully ignorant straight majority.

Of course, the outcome in Texas last night was basically neutral. Late yesterday, Gov. Rick Perry called another special session and re-introduce the same bill that was just shouted down. There and in a dozen other states, we’re going to have to continue to explain our lived experience. Yesterday Ohio legislators introduced a bevy of abortion restrictions. Still, “I feel like something’s shifted,” Jessica Luther, a women’s rights activist who has been at the Texas capitol throughout the entire special session, told me. She says that messages have been pouring in from activists in Tennessee and Georgia and the Carolinas. Texas gives us hope, they say. We heard you speak. We’re ready to do the same.


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Sunday, September 29, 2013

Tokyo court rules in Apple's favor in patent battle, Samsung has deja vu

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In case you forgot, Samsung and Apple's legal squabbles didn't end in US federal court last year: the litigation rages on in international courts. Stop us if you've heard this one -- Samsung and Apple are caught up in a lawsuit focusing in part on Cupertino's bounce back patent, and things aren't looking great for Sammy's lawyers. It's a familiar story, but this time it's playing out in a Japanese courtroom, with a Tokyo judge deciding that a number of Samsung devices are in violation of Apple's scrolling technology. What's this mean to the consumer? Nothing yet -- the court still hasn't calculated damages or approved an injunction, and this isn't the only legal battle the firms are waging in the country's court system. Feel free to brush up on your kanji and check out the source link below for more details, or skip on over to Bloomberg for a more digestible account.

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Court documents reveal secret rules allowing NSA to use US data without a warrant

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NSA's information gathering practices have been further detailed in court papers revealed by The Guardian. While the agency has continued to reiterate that it doesn't collect its data indiscriminately, the leaked papers detail several loopholes that allow it to gather data from both American and foreign origins without the need for a warrant. If you use data encryption or other privacy tools, your communications are likely to receive extra attention, and the agency can indefinitely keep any information assembled for "crypto-analytic, traffic analysis or signal exploitation purposes" -- in short, if the NSA believes may be relevant in the future.

One reason to hold onto said files could simply be the fact that the data is encrypted and NSA wants to be able to analyze its protection. The security agency can also give the FBI and other government organizations any data if it contains a significant amount of foreign intelligence, or information about a crime that has (or will be) committed. Any data that's "inadvertently acquired" through the NSA's methods -- and could potentially contain details of US citizens -- can be held for up to five years before it has to be deleted. The Guardian's uploaded the leaked papers in full -- hit the source links for more.

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Wednesday, September 25, 2013

Appeals court upholds Nintendo victory over IA Labs in patent lawsuit

Court of Appeals Upholds Nintendo Win in Patent Lawsuit

Court Says Nintendo Does Not Infringe, Upholds Attorney Fee Award

REDMOND, Wash.--(BUSINESS WIRE)-- The United States Court of Appeals for the Federal Circuit upheld Nintendo's victory in a patent-infringement case brought against Nintendo by IA Labs CA, LLC. The Court of Appeals agreed with the lower court that Nintendo did not infringe IA Labs' patent (U.S. Patent No. 7,121,982), and it upheld the lower court's ruling that IA Labs must pay Nintendo more than $236,000 in attorneys' fees.

"We are very pleased with the court's decision," said Richard Medway, Nintendo of America's deputy general counsel. "Nintendo has a long history of developing innovative products while respecting the intellectual property rights of others. We also vigorously defend patent lawsuits, like the IA Labs lawsuit, when we firmly believe that we have not infringed another party's patent."

For more information about Nintendo, visit http://www.nintendo.com.


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Sunday, March 31, 2013

Listen: Arguments From Today's Gay Marriage Supreme Court Case

Supreme-court-prop-82013-03-26 17:27:28 UTC

The Supreme Court of the United States heard oral arguments Tuesday in the case involving California's Proposition 8, which passed in 2008 and banned the state from recognizing same-sex marriages. The audio of the back-and-forth between the justices and lawyers on either side of the case can be heard in its entirety here:

The Supreme Court won't deliver a ruling on Proposition 8 until later this summer. Oral arguments can give some faint clues as to what the justices might do — indeed, some reporters suggested the justices' comments and lines of questioning might indicate they will decide the case lacks standing.

If the court indeed decides the case lacks standing to be heard, that would mean the lower court's prior striking-down of Proposition 8 would stand. As New York Magazine's Joe Coscarelli wrote, the "nationwide consequences" of that outcome are still up in the air.

Regardless, no prediction based solely on oral arguments should be taken as gospel — anxious advocates and opponents of same-sex marriage will most likely have to wait until late June to hear the results of this case and the one surrounding the Defense of Marriage Act, for which arguments will be heard Wednesday.

Image via Jewel Samad/AFP/Getty Images

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Tuesday, March 26, 2013

Is Clipping Articles Fair Use? U.S. Court Says No

Computer-hackerPete Pachal2013-03-25 18:14:15 UTC

The term "fair use" gets thrown around a lot in copyright cases, and it refers to an exception to copyright law that allows for the publication of portions or derivations of a copyrighted work — without the permission of the original creator. On the web, fair use has been used to defend aggregators such as Google News, since they take portions of articles to create a service.

Does that label also apply to a service that does a similar thing, but for a newsletter? A U.S. court recently said it doesn't.

As paidContent describes, a federal court ruled that Meltwater, a Norwegian company that does "news and social media monitoring" was violating copyright with its newsletter service. Meltwater's service scans articles for keywords, then takes the headline, the first paragraph or "lede," and the parts of the story where the keyword appears.

The Associated Press sued Meltwater, saying it was violating the AP's copyright on the articles, and that it needed to purchase a license to serve up its content in this way. Meltwater defended its actions under copyright's fair-use doctrine, saying its newsletter service was doing basically the same thing that Google does every second of every day.

Heavy hitters took sides. The Electronic Frontier Federation backed Meltwater, warning that if the AP was successful in its claim, it would have a chilling effect on innovation and free expression. Meanwhile, The New York Times and others sided with the AP, saying Meltwater was a "free-rider" operating a "wholesale copying and redistribution" service.

U.S. District Judge Denise Cote riled in favor of the AP. While on first blush Meltwater's service doesn't appear to be all that different from Google News, it's all in the details.

The law around fair use inherently allows for flexibility, but whether or not a particular complaint amounts to a violation is dependent on four factors: the purpose of the duplicated content, the nature of the copyrighted work, how much of the original was copied, and the effect on the market.

The first factor — the purpose of the use — is often the most important factor in a fair-use case, and it was so here. In her 90-page ruling, the judge rejected Meltwater's claim that its service was like a search engine, which passes the fair-use test because creating a page with several links changes the context essentially "transforms" the copyrighted work into a different kind of service.

That wasn't the case with Meltwater, the judge said, for three reasons. First, the service acted more like a competitor to the AP than a facilitator, she wrote, pointing to the newsletter's click-through rates on articles, which were less than one-tenth of 1%. By comparison, she said Google News users clicked through 56% of the time, citing a 2009 report from Outsell.

Second, by reproducing an article's lede and keyword sentences in their entirety, Meltwater was essentially taking the "heart" of the stories it was excerpting, rather than serving as a teaser, she wrote. Finally, she believed the newsletter was taking more of the articles than was needed for a "search engine" type of service.

The ruling will certainly be appealed, but it could serve as a precedent in determining where the line is for services that depend on excerpting third-party content.

What's your take? Should Meltwater have to pay the AP to clip portions of its articles for a newsletter, or should fair use apply here? Vote in our poll, then tell us your reasoning in the comments.

Image via iStockphoto, tomacco

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