grabeh

32 ms·

271.
by grabeh 14y ago
It's a novel argument to run - obviously the beauty of the judicial system is that the court ruling against this novel argument now sets a precedent (subject to appeal etc) that can be applied in future. In some ways, I'm grateful to Univer
272.
by grabeh 14y ago
I imagine it's not US corporate law per se, but rather that as part of the agreement, even if the merger isn't cleared, FB still has to pay the $200m although at roughly 20% of the fee it seems a little steep to compensate Instagram for the
273.
by grabeh 14y ago
The legal market is certainly open to disruption but one issue sprung to mind when reading the post. I appreciate that personal vetting is something which you feel necessary to ensure a good service but what about the risk of opening yourse
274.
by grabeh 14y ago
It may be irrelevant, however you will get penalised on costs (at least in the UK) if you do not attempt to resolve the dispute prior to issuance of proceedings. I personally wouldn't want to risk the ire of a judge in issuing proceedings w
275.
by grabeh 14y ago
There's obviously a big fat indemnity clause in 3Taps' terms which means you're on the hook for claims made by third parties against 3Taps for loss arising as a result of the usage of the service. Having said that if CL provides access to 3
276.
by grabeh 14y ago
If the circumstances have changed, the appropriate course of action would be a further cease & desist. This would allow Padmapper the opportunity to desist from their activity which is always the right course of action before institutin
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by grabeh 14y ago
This decision is limited to registered design right and so has limited effect. However, it is the right decison and is well reasoned notwithstanding the judge's reference to the respective coolness of each of the products. I am surprised th
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by grabeh 14y ago
ACS:Law was the firm in question which as you say subsequently disbanded although not before getting a verbal hiding from the judge ( http://en.wikipedia.org/wiki/ACS:Law ).
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by grabeh 14y ago
I think the central complaint would be that the site in addition to taking traffic away from Youtube, was then serving ads to users of the site thereby obtaining revenue. Google probably have no issue with individuals using tools to downloa
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by grabeh 14y ago
It appears they didn't, but in answer to your question generally, many APIs will often be subject to usage limitations. Twitter and Google Maps being two examples that immediately spring to mind.
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by grabeh 14y ago
Out of interest, who was the lawyer? Much of the time lawyers are there to present a worst case scenario to push you into using their services. I wouldn't place much store in what they say (speaking as a lawyer myself). In terms of the entr
282.
by grabeh 14y ago
Good point. It does depend on the terms of the contract, but "course of employment" is defined quite widely so if the contract was silent, there would be an arguable case to say the presumption kicked in as the work was done for the benefit
283.
by grabeh 14y ago
http://www.legislation.gov.uk/ukpga/1988/48/section/11 Legislation in the UK creates a presumption that unless otherwise stated, first ownership of copyright works created in the course of employment will vest in the employer. So it is up
284.
by grabeh 14y ago
My understanding is that it is simply a closed bid system where three separate banks submit bids (interest rate that will pay on sums invested with them) with the highest one winning.
285.
by grabeh 14y ago
In terms of reducing the risk that users would mistakenly use a site where a third party was intentionally looking to pass themselves off as the particular variant of Monster, it is a good argument. When a consumer is aware that the only le
286.
by grabeh 14y ago
You are right to extent, however, even in the absence of a lack of confusion, an action can be brought where a third party in using a similar/identical mark to the original takes unfair advantage or causes detriment to the original mark. In
287.
by grabeh 14y ago
My original thought when hearing about the prospect of new gTLDs was that a central body would look to claim a descriptive term such as 'blog' and make it available to anyone who wanted to host a blog under set criteria, and provided that c
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by grabeh 14y ago
No, that's fine. Actually I had initially read it as equivalent shareholding giving different control, which was what my query was based on. I then realised the opposite was relayed in the graph, so reversed the position, without realising
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by grabeh 14y ago
Control is obviously closely linked to share ownership, in the sense that where ownership is over a certain threshold you will be able to exercise a much greater degree of control than below that threshold. For example, the 51/49% split, bu
290.
by grabeh 14y ago
Legal template sites tend to assume that the only value that lawyers add is to provide the documents. Whilst making the docs available is great, lawyers can still add value in terms of negotiation. For me, lawyers extract the salient points
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by grabeh 14y ago
Heh, perhaps I do give the guy too much credit. On the language point, considering the nature of the language I use in my letters and agreements I draft, I found his letter to be quite refreshing (at least in terms of the language used rath
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by grabeh 14y ago
I understood that the initial criticism was that the phrase 'Punch into Google' was not sufficiently clear or at least was too informal for legal correspondence. Even if this was restated in formal terms the same deficiency you describe wou
293.
by grabeh 14y ago
I think the letter was brief and to the point. Lawyers are criticised for excessive legalese and impenetrable prose. Contrary to this, the phrase you mention is easily understood by the reader and serves its purpose. In terms of his awarene
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by grabeh 14y ago
https://www.dropbox.com/s/7lnsbd7363qkwdu/96850920-FunnyJunk...
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by grabeh 14y ago
Although you are right, there would be a substantial difference between the cost for a letter of that length versus a brief rebuttal (although of course the underlying legal analysis would have still been undertaken, committing that legal a
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by grabeh 14y ago
Personally speaking, I don't think it's necessary to send a letter of this length to rebut what is a spurious claim by FJ. The Oatmeal's lawyer has analysed the case well and is aware of its flawed nature, but this didn't need to be stated
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by grabeh 14y ago
The article's conclusion states 'are search rank losses the new libel?' when the current state of affairs is that page rank losses can be the consequence of libel which is clearly actionable under current laws as Matt_Cutts mentions...
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by grabeh 14y ago
Yes, traditionally they sell them but I think a licensing of the designs for usage in 3D printers could be a great driver of increased uptake. Not entirely sure what you're getting at with static material costs? Are you taking into account
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by grabeh 14y ago
> Printing for your own use is non-infringing This may be true in relation to fair use/fair dealing exceptions, but not as a general statement. > 3D model is effectively a drawing of it They may hold the copyright in it, but it can
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by grabeh 14y ago
Heh, I did read the article (which personally speaking, I think misunderstands the law)! My only point was from a factual perspective, it would be interesting to compare the two designs, rather than making assertions that Valenty was on 've

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