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Legal Commentary

LawPundit

Covers Constitutional and Intellectual Property (copyrights, patents, trademarks) Law, Information Technology, Telecommunications, Internet and New Media, and business-related legal issues from a American and European perspective. Sports (especially college football), Lifestyle (especially the wine business), and Ancient History (especially Legal History)-- all from a broadly defined legal and evidentiary point of view-- round out the picture.
By Andis Kaulins

Post Frequency: 5.6/day

Last Entry: October 15, 2020 at 17:20:01

Rules, Rules, Rules, Even in Football: Calvin Johnson of the Detroit Lions Makes a Game-Winning Catch That is Ruled Incomplete: NFL's Polian Explains

Posted on September 16, 2010
The NFL is swamped by a controversy that will -- depending upon division standings -- cast its shadow over the entire American pro football season, a clear TD catch that was ruled incomplete, based upon a weird NFL rule and by an even weirder interpretation of that rule...

The YPPSYS 2010 College Football Game Predictions for Division I-A FBS -- Week 3 (Starting Thursday, September 16, 2010) are Up at SportPundit

Posted on September 15, 2010
The YPPSYS 2010 College Football Game Predictions for Division I-A FBS -- Week 3 (Starting Thursday, September 16, 2010)are up at SportPundit.

Republicans Move Toward Populism and in so doing Damage their Senate Election Chances in Delaware: The Syndrome of Good Doctors Masquerading as Legislators

Posted on September 15, 2010
By our definition, a populist political candidate is someone whose main claim to fame is his or her assertion that he or she "is close to the people", whatever that may mean to whomever is interpreting the phrase. No other political qualifications are necessary -- and may not be present - which means that "anyone" can get elected to political office as a populist if they are pretty, witty, handsome or famous enough...

Intentional Criminal Fraud and Invasion of Privacy by Adobe? Appeal to All Software and Hardware Companies: Please STOP USING the Proprietary Adobe Flash Player

Posted on September 15, 2010
This is a public service announcement and our appeal to all software and hardware companies to please STOP USING the proprietary Adobe Flash Player, either in software or hardware integration or browser development. Our Mozilla Firefox screen is being flooded with alerts that the "Adobe Flash Plugin has crashed"...

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A Healthy Body Starts with the Feet -- Footwear and Muscle Pain and a New Concept in Shoes by Human Motion and MSZone Based on Sensory Gait Research

Posted on September 15, 2010
HumanMotion writes that "A Healthy Body Starts with the Feet". A contributing factor to muscular pains as we grow older can be unhealthy footwear. LawPundit posts the following video as a public service announcement about a possible new development in the making of healthy shoes...

How to be Happy Wherever You Are : Penelope Trunk at Brazen Careerist Gives Us Some Liveable Tips

Posted on September 15, 2010
At Brazen Careerist, Penelope Trunk gives us some good advice about being more happy where we are at How to make your life more stable. I almost always find Penelope Trunk's postings eminently readable, and was particularly attracted to this one because it focuses on people's ability to make any place "livable" (liveable) by focusing on innner strengths rather than outside influences...

When Money Does Not Help: The Gloom of the Billionaires

Posted on September 14, 2010
John Melloy has an exclusive at CNBC's Fast Money titled Outlook Gloomy at Secret Billionaire Meeting. We get a chuckle out of that one. The poor, gloomy billionaires. It is a good thing that some of those of us who are not billionaires can keep up our spirits and raise our countenance...

David Brooks Urges Republicans to Think About the Energetic Government that Helped Create America and will be Needed in the Future

Posted on September 14, 2010
An important article by Republican David Brooks at the New York Times titled The Day After Tomorrow urges Republicans to review the history of America and the great role played by "energetic" government, writing: "Conservatism is supposed to be nonideological and context-driven...

We are Number 11 ! Excuse me, Is that a Typo? Check out Thomas L. Friedman at the New York Times

Posted on September 13, 2010
Thomas L. Friedman writes at the New York Times in We?re No. 1(1)! "So much of today?s debate between the two parties, notes David Rothkopf, a Carnegie Endowment visiting scholar, ?is about assigning blame rather than assuming responsibility. It?s a contest to see who can give away more at precisely the time they should be asking more of the American people...

Modern Mercantilism: Trade Surpluses and Currency Valuation: China, Japan and the USA

Posted on September 13, 2010
Paul Krugman understands his economics and in his New York Times article China, Japan, America and the Renminbi, he alerts us to the fact that what we would have called mercantilism a couple of centuries ago is still alive and well today as an economic reality...

PREZI ? Prezi as a Presentation Alternative to Power Point or Similar Presentation Programs

Posted on September 12, 2010
PREZI ? Tired of Power Point presentations? At Scobleizer in Searching for world-changing technology we find the suggestion: "If you are a presenter you MUST watch this company: Prezi (new features just released)"

The American Economy: It's All in the Mind: Attitudes in USA Comparable to British Disease: Practical Empire Building forsaken for Genteel Pursuits

Posted on September 12, 2010
In The Genteel Nation David Brooks at the New York Times draws upon The Enlightened Economy (Yale University Press) by Joel Mokyr of Northwestern University, which argues that the current economic decline is the product of a change in American attitudes similar to the "British disease", where, as "Correlli Barnett chronicled, the great-great-grandchildren of the empire builders withdrew from commerce, tried to rise above practical knowledge and had more genteel attitudes about how to live...

YPPSYS Week 1 College Football Rankings and Week 2 Predictions Online at SportPundit

Posted on September 10, 2010
For those interested, the YPPSYS college football ratings and rankings after Week 1 play as well as the prognostications for Week 2 games are up at SportPundit (rankings, predictions).

Australian Court finds No Copyrights in Newspaper Headlines: Common Sense Prevals Over Overbroad Copyright Protection

Posted on September 10, 2010
At The Australian, James Chessell in Court finds no copyright in headlines writes that the Federal Court of Australia has ruled that there is no copyright infringement in the reproduction of newspaper headlines since they are not "literary works in which copyright can subsist" nor "a discrete work or joint authorship in which copyright can subsist'...

New Ideas and Innovation at Brain Pickings

Posted on September 10, 2010
This is a link to a fun site about innovation and new ideas.Brain Pickings describes itself:"Brain Pickings is about curating interestingness ? picking culture?s collective brain for tidbits of stuff that inspires, revolutionizes, or simply makes us think...

Ah, Yes, the Humanities: Researchers Find Lack of Credible Evidence for Entrenched Ideas in the Humanities About Learning

Posted on September 09, 2010
We have been ranting and raving for years about the lack of probative evidence in the humanities for many of their misguided theories and ideas. Here is yet another example, from the New York Times, relating to research reported about at "Mind" by Benedict Carey in Forget What You Know About Good Study Habits: "?The contrast between the enormous popularity of the learning-styles approach within education and the lack of credible evidence for its utility is, in our opinion, striking and disturbing,? the researchers concluded...

At the Intersection of Intellectual Property and Antitrust: Federal Circuit Pampers Patent Pools and Shackles the Patent Misuse Doctrine in Compact Disc Patents Case

Posted on September 09, 2010
At the dawn of the compact disc, corporations A and B developed two competing standards. Many years ago, Company B had already taken a severe competitive beating in the early days of video recording when a competing standard ultimately won out among the buying consumers, and Company B was not going to have that happen again...

Top 10 Patent Cases for the Month of August 2010 at Lexis Nexis Patent Law Community

Posted on September 09, 2010
The Lexis Nexis Patent Law Community has the Top 10 Patent Cases for the Month of August 2010.

A Landmark EU Ruling by the European Court of Justice on the Prohibition of Online Lottery Betting Services in Germany

Posted on September 08, 2010
Eric Pfanner at the New York Times reports on a landmark decision by the European Court of Justice, the highest court in the European Union, in E.U. Court Bats Down Germany?s Protection of Betting Monopolies. The Grand Chamber [Plenary Session of 13 of the 27 Judges] of the Curia held in its judgment as follows : "1...

Crowdsource Your Career: What Makes Your City So Great? Meetup Everywhere, Again! | Brazen Careerist

Posted on September 08, 2010
What Makes Your City So Great? Meetup Everywhere, Again! | Brazen Careerist

Stephen Hawking and Leonard Mlodinow on Why God Did Not Create the Universe -- at the Wall Street Journal Online

Posted on September 07, 2010
At the Wall Street Journal Stephen Hawking and Leonard Mlodinow on Why God Did Not Create the UniverseAn amazing number of comments on this one at WSJ.com ....

Letter to our LawPundit Readers about the Content of our Postings

Posted on September 07, 2010
Dear Readers, Although LawPundit is primarily a LAW blog that also concentrates on current events, especially politics, economics and finance, we nevertheless include sports postings from time to time. A study some years ago of the male readers of an international newspaper discovered that the average reader FIRST read the sports page at the BACK of the paper and only then went on to read the FRONT page headlines...

YPPSYS College Football Prediction Results (IV - continued to end) - Week 1, 2010 Season

Posted on September 07, 2010
The Sunday and Monday game results finish up the NCAA FBS college football games for the first week of the season as the YPPSYS predictions finished 69-9 in calling the winner but only 16-22-1 against the spread. Tulsa (favored by 7.5 points) at East Carolina...

Thomas L. Friedman with an Op-Ed at the New York Times on American Power and the U.S. Economy

Posted on September 06, 2010
At the New York Times, Thomas L. Friedman laments Superbroke, Superfrugal, Superpower?.I would not throw the towel in yet.America exists in part from foreign investment and a lot of people with money and power in foreign countries realize that their own survival and good life depend on a healthy America.

NCAA College Football Legal News: On Appeal, NCAA Gets it Right on Masoli

Posted on September 05, 2010
Chris Low at the ESPN College Football Nation Blog writes correctly that NCAA gets it right with Jeremiah Masoli as an appeals committee overturned the initial NCAA decision that Masoli would not be allowed to play college football this season. Low writes accurately as far as the application of NCAA rules are concerned that: "Being kicked out of school and being kicked off the team are two different things...

New Beta College Football Boxscores at Yahoo.com Rivals Now Have a Link to the "Classic Box Score"

Posted on September 05, 2010
Rivals at Yahoo.com have adopted a new college football boxscore format which is terrible and thankfully now has a link at the football game pages to their old "classic box score" which was in fact far superior. They write: "New Beta Boxscores We've upgraded our box score experience, but you can still view the classic box score...

YPPSYS College Football Prediction Results (III - continued) - Week 1, 2010 Season

Posted on September 05, 2010
Saturday, September 4, 2010 Miami of Ohio at Florida (favored by 36 points). YPPSYS called it: 62-3 for Florida. RESULT: Florida won 34-12. We are 20-1 in calling the winner and 3-6 against the spread. The game showed that the RedHawks are greatly improved as a team over their 1-11 season last year and that the Gators are much worse than expected, as Miami of Ohio gained more first downs and equalled Florida in total offense with 212 yards, as Florida capitalized only via its defense and 4 pass interceptions...

ThatIsaGoodquestion.com Tackles the Question: How to survive in a bad economy

Posted on September 05, 2010
How to survive in a bad economy

Robert B. Reich on How to End the Great Recession

Posted on September 05, 2010
Robert B. Reich tackles the problem of How to End the Great Recession and focuses correctly on the increasingly skewed income distribution in the United States.

YPPSYS College Football Prediction Results (II - continued) - Week 1, 2010 Season

Posted on September 04, 2010
YPPSYS College Football Prediction Results (II) - Week 1, 2010 Season (this is a continuation of the initial posting at LawPundit, based on predictions made at LawPundit here, and to be continued in future postings in coming days as more scores come in) Villanova at Temple...

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