Month: November 2006

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Does MySpace Care About Copyrights?

I. Introduction

They
probably should because Universal Music Group ("UMG") recently filed a
copyright infringement lawsuit against the popular social-networking
website. [1].  Myspace.com is alleged to allow its users to post and
share UMG's videos and songs without permission. [2].  UMG wants an
injunction against MySpace and a hefty damage award of $150,000 for
each individual copyright infringement violation. [3].

II. Analysis

UMG
says that MySpace’s content is “user stolen” intellectual property of
others and that “MySpace is aiding copyright infringement by
reformatting clips so users can transfer them to friends or post them
to other sites.” [4].  UMG attorney’s stated in their complaint that
“[d]efendants have made infringement free and easy. [They have] turned
MySpace Videos into a vast virtual warehouse for pirated copies of
music videos and songs." [5].

It is not like MySpace has been sitting around doing nothing to help
detect the copyright violations.  In October,

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Super Size My Premiums Please!

An analysis and proposed solution to the health care crisis brought on by the American obesity epidemic.

 


I: The United States’ BIG Problem 

As though a perverted manifestation of the maternal warning against making an “ugly face” (“or it will be stuck like that for the rest of your life”) has actually rung true, the playground taunt of “fatty, fatty, two-by-four” is no longer a simple and vindictive pre-adolescent utterance but a fact. Much like a face stricken with a permanently contorted expression, our nation has been punished with a nationwide obesity epidemic. Throughout this article, the term epidemic is used to mean a rapid and extensive growth and not the outbreak of disease. Short of pathogen-laden Twinkies or Little Debbie being diagnosed with tuberculosis, obesity is not a disease. The United States has devoted greater attention to the obesity issue in the past year, but the country

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America’s Pastime of a Time Past: Baseball has lost its special place in the American courts, but why? (Part 2 of 2)

I. Introduction
 
The introductory section of Flood v. Kuhn entitled
"The Game" earned Justice Blackmun a smirk retort from Justice Douglas
in a dissenting opinion.[1]  Even Justice White who joined in the
judgment of the Court noted his disapproval of the rant.[2] Even still,
based on the legal doctrine of stare decisis (let the decision stand)
the Court allowed a poorly-reasoned precedent stand to protect the
once-beloved baseball from antitrust regulation.[3]  But the courts
have now redacted the special treatment previously given to baseball
partially because its profit-oriented nature has become apparent.

II. Analysis

Sports journalists and commentators point to the Adonis-like
attitudes of athletes, inflated salaries and endorsements, and general
misconduct as reasons for decreased fan interest.  Some sight that the
games have lost their purity in this age of free agency, where players
bounce around, mercenaries for hire to whichever team pays the most. 
These are all

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Leasing to More Than Just Humans? Who’s Liable When Bongo Bites?

It has often been said that a dog is a man’s best friend. Dogs are an ever-popular pet, but people can choose from a wide variety of pets today including exotic birds, large snakes, and even scary spiders. Unfortunately, pet lovers looking to lease a home or apartment need to choose a location carefully because not all landlords allow pets. Some landlords may ban pets because the pets may make noise that disturbs other tenants and other landlords fear that the pets may damage the leased premises. For those landlords that brave the threats of property damage and noise complaints and allow pets, can such landlords be held liable when a tenant’s pet attacks someone? This article will address a landlord’s potential liability for an attack caused by a tenant’s pet in Illinois.

A landlord has a duty to maintain portions of the premises that the landlord controls in a

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The IRS Private Debt Collection Program’s Early Trials and Tribulations

I. Introduction

Empowered by the American Jobs Act of 2004,
the IRS recently implemented a private debt collection program designed
to "reduce the growing number of uncollected tax liabilities while
allowing the Service to better focus on more complex tax cases and
issues."[1]  The plan was criticized early on for paying the private
collectors as much as 24% of the recovered liabilities in return for
their collection efforts, which amount was thought could result in
improper collection practices on the part of the private
collectors.[2]  While the plan hasn't been in action long enough to
render judgment on whether these concerns are warranted, another
problem has reared its head: the program isn't making money.  It may
not so much as break even.[3]  This article addresses concerns of abuse
and well as profitability in the short and long term.

II. Analysis

The
legislation under which the collection program was implemented
specifies

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The Future of U.S.-Cuban Transportation Law

The story has been told in many different ways, but for the most part it goes something like this: during the height of the Cold War, a newspaper reporter is flying on an Air Force jet interviewing a major general about a new missile designed to keep the Soviets on their side of the Iron Curtain.  During the conversation, the general opens a cigar box full of Cubans, takes one out, and lights it up.  “General,” the newspaper reporter asks, taken aback, “what are you doing?  Isn’t that behavior supporting the illegitimate regime of Cuba?”  The general taps his cigar, gives the newspaper man a wink, and replies, “No son, I consider it to be burning the communist’s crops.”  [1]

For half of the twentieth century and the entirety of the twenty-first, Cuba has been ruled by a communist government under the direction of Fidel Castro.  Castro took power during

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China Makes Plans to Diversify its Currency Reserves

People’s Bank of China Governor Zhou Xiaochuan announced at a
meeting of central bankers in Frankfurt this past Friday that his
nation plans to diversify its $1 trillion currency reserves. [1] Zhou
stated that China has a clear diversification plan that includes
“currencies, investment instruments, [and] emerging markets,” but does
not include the sale of any of its dollar denominated assets, which
make up approximately 70% of China’s total reserves. [2] Despite Zhou’s
assurances that China would not be selling off its dollar denominated
assets, the dollar fell to a two and a half month low against the Euro
and gold prices rose to a two month high. [3]

Many
analysts believe that China is unlikely to sell off a large amount of
its dollar denominated assets; as to do so would be against China’s
interests. [4] If China were to make such a sale, the sudden influx of
U.S. … Read the rest

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Thinking About Refinancing Your Mortgage? Think Again

Recently, more and more homeowners have begun taking advantage of the various mortgage refinancing options available to consumers.  The third quarter of 2006 saw the highest number of "cash-out" mortgage refinances of any quarter since 1990.  [1]  While cash-out refinancing can put money in the homeowner's pocket for things such as home repairs or remodeling, or simply free up money to consolidate and pay off other debts, higher interest rates on a higher amount of money financed as a mortgage may not make good financial sense.  Homeowners should also be wary of the recently highly publicized "interest-only" refinancing option which lowers payments in the short-term but increases them dramatically after only a short period of time. [2]   

Cash-out refinancing is a mortgage refinancing option that allows a homeowner to collect a check at the closing for the amount of cash taken out of the equity built in the home,with

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Could the Rule Against Pro Se Representation be a Problem for Single-Member LLCs?

Limited liability companies (LLCs) enjoy unique hybrid status as a “relatively new form of doing business that is created and defined by state law.”[1]  Though the LLC is “not formally characterized”[2] as either a partnership or a corporation, but as a hybrid entity, problems occur when precedent addresses partnerships or corporations, but not LLCs directly.  When the law fails to address LLCs specifically, judges and commentators analyze the law and determine whether an LLC should be grouped as a corporation or a partnership for a specific purpose.  For example, bankruptcy laws do not refer specifically to LLCs, yet LLCs can still be debtors or creditors.[3]  Generally speaking, “LLCs have been treated as corporations almost by default for bankruptcy purposes.”[4]  However, placing LLCs into default corporate categories may not always effectively serve the goals of an LLC.   In particular, this article addresses a current interpretive problem existing in the characterization of

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Don’t Mess With Star Wars

I. Introduction

Lucasfilm, Ltd. was recently awarded $20
million in damages from the British company Shepperton Design Studios
for trademark infringement, copyright infringement, and unfair
competition.  [1].  Shepperton was using Lucasfilm's TIE fighter pilot
helmets and Stormtrooper helmets and costumes from the Star Wars
movies.  [2],[3]. The strength of the Star Wars mark and all of the
characters in each movie is very strong, as evidenced by a judgment
like this.

II. Analysis

The U.S. District Court for the Central District of California awarded
Lucasfilm the $20 million in damages.  [4]  Shepperton was found to
have made and sold unlicensed copies of Stormtrooper and TIE fighter
costumes and fraudulently said they were authentic items.  [5].  On top
of the damages, a permanent injunction was granted against Shepperton 
permanently barring them from "copying, reproducing, importing,
licensing, marketing or displaying any of its unauthorized Star Wars
products in the United States."  [6]. 

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