Civil Law

Trespass by Light? Cricket Australia and Big Ben

For a few hours around midnight last Wednesday, Cricket Australia projected an image onto the Big Ben clock tower which contained the message “Don’t forget to pack the urn”, referring to the forthcoming Ashes series in Australia. (It was a clear allusion to the English Cricket Board’s projection in 2008 of a similar image onto Sydney Harbour Bridge.)

Now the Westminster City Council is considering legal action. But on what basis?

Westminster Council’s deputy leader, Robert Davis, told The Guardian: “The Palace of Westminster is part of a Unesco world heritage site, and it’s both inappropriate and insulting for this important location and its buildings to effectively be abused in this manner. It’s also a criminal offence.

“If an organisation wishes to display advertising on it, or any other building in Westminster for that matter, they should apply through the normal channels like any right-minded person with respect for the law.

An administrative fine is one thing, but any civil action (in trespass, or perhaps conversion) would surely fail — what’s the interference or appropriation?

Lawyers Pose Health Risk: Study

Saw this chuckleworthy piece over at Overlawyered:

A team of researchers led by Richard Gun, visiting research fellow at Adelaide University, ‘has found patients who engage a lawyer after receiving their injury are five times less likely ever to return to work.’ They also appear to suffer more pain and for longer periods than accident victims who do not have lawyers.  Read more »

Liability for Epilepsy Caused by Video Gaming

An attorney is gathering information on epileptic seizures related to video games. Can a lawsuit be far behind?

Originally by Ars Technica, 1:51 PM

On French Internet, Copyright and DRM Policies

Two recent news stories highlight the development of French internet policy. France is traditionally billed as the ‘safe haven’ of P2P users — portrayed as having a liberal, permissive copyright regime and consumer-friendly anti-circumvention laws.  Read more »

Law Firms Not Liable in Alleged Web Hacking Case

'Two law firms that allegedly surreptitiously accessed an expert witness's password-protected Web site to show a judge that the witness violated a gag order cannot be held liable under the Digital Millennium Copyright Act, ruled a federal judge who dismissed the suit. The occupational illness expert had accused Keller & Heckman and its attorney Douglas Behr of hacking into his site by acquiring a password and sharing it with Jones Day lawyers in the midst of a landmark toxics trial.'  Read more »

Nanoparticles in the Workplace: Risks and Liability

'As the [American] National Institute for Occupational Safety and Health develops guidelines for working with nanomaterials, experts say the nanotechnology sector is ahead of the curve when it comes to understanding job-related risks, and is doing far more early research than other industries. One expert says the asbestos industry, which doled out staggering sums of money for liability lawsuits, paid the price for a failure to fully understand the product's dangers before putting it on the market.'  Read more »

Electronic Conveyancing Another Step Closer

The New South Wales Department of Lands has announced that its transition to an electronic register of land titles will be complete by December 2006. The transition is a massive undertaking, involving the digitisation of some 66 000 paper certificates of title and issuance of transaction access credentials to several thousand conveyancers and legal professionals.  Read more »

eBay faces court over contact lens dispute

Ebay is facing legal action for allegedly "aiding and abetting" the sale of contact lenses via its website without the involvement of a qualified optician.…

Originally by The Register - Internet and Law: eCommerce, 9:51 PM

Perry Mason, Meet Your Expert Technology Witness

Lawsuits over who can profit from ideas are increasingly a foundation of the technology industry, touching off a race to assemble teams of expert witnesses.

Originally by NYT > Technology, 9:27 PM

On The Importance of Proofreading

See here for a particularly egregious example of a court filing that has not been properly proofread. Compare, in particular, the phrase ‘disc herniation’ on p 2 with its corresponding incarnation on p 1. Whether malapropism, typographical error, or simply the joke of a bored clerk, the attorneys concerned must be considerably embarrassed.  Read more »

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