“Kavanaughed”: Who Will Agree to Run for Public Office After This Charade?

It is hard enough to find qualified, smart people to run for office as it is.  I’d bet hundreds if not thousands of well qualified people  refused to run for office or judgeships in the 70’s to 90’s due to worry about whether they could pass the FBI’s background checks and polygraph on drug use. No one cares about drug use now, it’s ubiquitous and a fact of life, in large part due to our government’s backwards policies on drug laws. Now the issue is disqualification due to 35-year old groping and indecent exposure allegations dating back to high school and freshman year in college.  People are so worked up about it, they are ready to bring out the firing squad. Even though the target of their socially or politically motivated hatred towards their perceived and now-outed offender hasn’t been charged with a crime, convicted of a crime and there’s been no confirmation a crime ever happened.

In other words, people now think it’s just fine to assume the male is guilty of whatever accusation is hurled his way. Why? Because other women chose to suffer in silence at the perceived indignities they suffered way back when and see this as a chance to get even? There’s a big difference between taking accusations seriously  and assuming the accusation is true. The former calls for an investigation. Nothing justifies the latter prior to a hearing before a neutral and detached magistrate or tribunal. That’s the law in America. [More…] Read More

Supreme Court : Copyright Infringement Cases, Different Outcomes

The record companies are happy today. Text book publishers and authors are not.

The Supreme Court has denied cert in the case of Jammie Thomas-Rasset, a native American who uploaded, downloaded or otherwise shared 24 songs on Kazaa, a now-defunct music file-sharing service, for personal use. The record companies sued, and the ultimate judgment against her, after several retrials and appeals with jury verdicts as high as $1.9 million, was $222,000, or $9,250 per song. The issue, according to the Petition for Cert (which includes the 8th Circuit and trial court's opinions in the Appendix portion):

Is there any constitutional limit to the statutory damages that can be imposed for downloading music online?

Under the copyright infringement statute, it is not necessary for the record company to show actual damages or that the infringer profited from the work. It can seek statutory damages, which allow up to $150,000 for each infringement. The remedies section of the Copyright Act, 17 U.S.C. 504, provides:

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