Kontent i Pravo v. Masterhost Presidium of the Supreme Arbitration Court of the Russian Federation, Judgment of 23 December 2008, Nr. 10962/08 Translation and Comment

This Judgment by the Presidium of the Supreme Arbitration Court of the Russian Federation can be considered as a landmark ruling for Internet Service Provider’s (ISP) liability. The Court stipulates for the first time concise principles under which circumstances an ISP shall be exempt from liability for transmitting copyright infringing content. But due to the legislation on ISP liability in the Russian Federation it depends on the type of information which rules of liability apply to ISP. As far as a violation of intellectual property rights is claimed, the principles given now by the Supreme Arbitration Court are applicable, which basically follow the liability limitations of the so called EU E-Commerce Directive. But, furthermore, preventive measures that are provided in service provider contracts to suppress a violation through the use of services should be taken into account as well. On the other hand, as far as other information is concerned the limitations of the respective Information Law might be applicable which stipulates different liability requirements. This article gives a translation of the Supreme Arbitration Court’s decision as well as a comment on its key rulings with respect to the legal framework and on possible consequences for practice.

Spanish Supreme Court Rules in Favour of Google Search Engine... and a Flexible Reading of Copyright Statutes?

On 3 April 2012, the Spanish Supreme Court issued a major ruling in favour of the Google search engine, including its ‘cache copy’ service: Sentencia n.172/2012, of 3 April 2012, Supreme Court, Civil Chamber.* The importance of this ruling lies not so much in the circumstances of the case (the Supreme Court was clearly disgusted by the claimant’s ‘maximalist’ petitum to shut down the whole operation of the search engine), but rather on the court going beyond the text of the Copyright Act into the general principles of the law and case law, and especially on the reading of the three-step test (in Art. 40bis TRLPI) in a positive sense so as to include all these principles. After accepting that none of the limitations listed in the Spanish Copyright statute (TRLPI) exempted the unauthorized use of fragments of the contents of a personal website through the Google search engine and cache copy service, the Supreme Court concluded against infringement, based on the grounds that the three-step test (in Art. 40bis TRLPI) is to be read not only in a negative manner but also in a positive sense so as to take into account that intellectual property – as any other kind of property – is limited in nature and must endure any ius usus inocui (harmless uses by third parties) and must abide to the general principles of the law, such as good faith and prohibition of an abusive exercise of rights (Art. 7 Spanish Civil Code).The ruling is a major success in favour of a flexible interpretation and application of the copyright statutes, especially in the scenarios raised by new technologies and market agents, and in favour of using the three-step test as a key tool to allow for it.

Members of "The Samoan Expeditionary Force" who made the supreme sacrifice in the Great War, 1914-1918

[by Stephen John Smith, late 5th (Wellington) Regiment, secretary Samoa administration in military occupation, 1915-1918]

Influencia del riego en precosecha sobre la calidad de manzanas Golden Supreme y Golden Smoothee.

El riego, práctica habitual y a la vez indispensable de nuestra fruticultura constituye, en su manejo, uno de los principales factores determinantes de la producción y calidad final del fruto, y sobre el cual el agricultor desempeña un papel indispensable como regulador. A este respecto hay varios estudios que entre si presentan conclusiones dispares. El hecho de aumentar la frecuencia y dosis de riego provoca, según varios autores, una disminución en la firmeza de las manzanas (Asaf et al., 1975), mientras que en otras investigaciones se observa el fenómeno contrario (Reichel y Schmidt, 1983). También hay estudios con resultados dispares en relación al efecto que el riego pueda tener en la acidez titulable y el contenido en sólidos solubles del fruto. No obstante, parece ser que una restricción de riego en precosecha se traduce en un aumento de los sólidos solubles de los frutos (Ramos et al., 1993) y en una disminución de su acidez (Recasens et al., 1988). La fecha de recolección también es un factor muy importante en vistas a una optimización tanto de rendimientos de la plantación como de la aptitud del fruto para su frigoconservación. Recolectar un mismo fruto una semana más tarde implica una pérdida de firmeza durante su frigoconservación de aproximadamente 1,5 N por mes, pasando de unas pérdidas mensuales de 3 N a 4,5 N según se haga la recolección en el momento optimo o después (Duran, 1990). Es este acumulo de discrepancias el que ha motivado el planteamiento de este ensayo para nuestras propias condiciones de cultivo. En él se pretende ver si diferentes fechas de recolección y condiciones de riego pueden influir en la firmeza de los frutos y por tanto en su sensibilidad a la manipulación, aspecto de gran interés en el momento de la cosecha. Asimismo es preciso comprobar que estas prácticas culturales no afecten a la calidad del fruto.

2.6 Judge William F. Frank, Chief Justice, Missouri State Supreme Court

In February, 1937, the Court, in an opinion by Chief Justice William F. Frank, issued their verdict that supported the Missouri statute that allowed for out-of-state tuition for Missouri blacks to continue their education if the desired program was not offered at Lincoln University Once again, the legal team of Lloyd Gaines was not undaunted.

2.5 Missouri State Supreme Court Building, Jefferson City, Missouri

On December 12, 1936, Charles Hamilton Houston was in Jefferson City, Missouri arguing Gaines’ appeal in front of the Missouri Supreme Court. Houston added some teeth to his argument by adding that neither “the slender hope” that Gaines may someday attend a new law program at Lincoln nor the provision of tuition scholarships to attend an out-of-state law school met the US Constitution’s requirement of equal treatment regardless of race.

3.4 United States Supreme Court 1938

Gaines’ legal team, led by Houston, had faith in the justice system of the United States and anticipated getting a fair trial at the federal level. So far, all decisions had occurred in Missouri, a state with a segregated system.The fact that Gaines v Canada had reached the Supreme Court was promising indeed. It was rare that any case involving African-Americans would be considered by the highest court in the land. President Franklin D. Roosevelt had been appointing Justices that were more willing to consider cases concerned with civil rights. On November 9, 1938, the Supreme Court of the United States heard arguments in the Gaines v Canada case. The defense was unmoved by the rude treatment and made their presentation with professionalism and aplomb. Houston’s argument remained steadfast; not only was the state of Missouri’s statute concerning out-of-state tuition for blacks in violation of the 14th Amendment, but the very idea of segregation itself violated the Constitution. William Hogsett, the attorney for the University of Missouri, countered that the school was merely following state laws. The MU legal team was flustered as questions from the bench forced them to correct overstatements regarding Missouri’s “generosity to Negro students”. With crossed fingers and high hopes, the Gaines legal team rested their case and awaited the verdict. Meanwhile, Lloyd Gaines was still in Michigan. Lloyd held a W.P.A. job as a Civil Service Clerk and was in constant contact with his family and attorneys. His mood in his correspondence was hopeful and positive.

3.5 Supreme Court Justice James P. McReynolds

However, there was an obstacle on the court, namely James Clark McReynolds, an avowed racist. In fact, during the hearing, McReynolds turned his chair around and faced the wall when Houston presented his argument.

1.2 News Article About US Supreme Court Justices Rule in Favor of Lloyd Gaines by 6 to 2 Vote in The Call Newspaper

Following the decision, northern newspapers hailed it as “the Supreme Court speaking out in defense of the quality of human rights.” The Kansas City Call, one of the leading black newspapers in Missouri, declared, “If keeping the races separate is so important to Missourians that coeducation is unthinkable then let them count the cost!” The NAACP’s long-term plan for casting financial burden upon the Jim Crow states was now a reality.

3.5 The Missouri State Supreme Court Conferred a Honorary Law License for Lloyd Gaines.

On September 28th, 2006, the Missouri State Supreme Court conferred a posthumous law license for Mr. Gaines.

The eight hours day for wage earning women: United States Supreme Court upholds the California law : List of eight hours laws

National Consumers' League.

Notes of cases decided in the Superior and Supreme Judicial Courts of Massachusetts from 1772 to 1789: taken by the Hon. William Cushing, one of the judges during that period and most of the time Chief Justice

Notes of cases taken by Judge William Cushing during his tenure on the Massachusetts superior and supreme courts. (Formerly MS 2141.)

Notebook of cases in the New York Supreme Court and Circuit Court, 1797-ca. 1802

Contains "court minutes" of the New York Supreme Court and Circuit Court, in short entries by an unknown judge, identifying cases, attorneys, plaintiffs and defendants, and the actions taken.