Quotulatiousness

June 8, 2010

Attention drivers: Ohio police can now just “estimate” your speed

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 07:33

. . . and then write you a ticket based on their estimate, no further proof needed:

Police don’t need radar to cite you for speeding.

The Ohio Supreme Court ruled this morning that an officer trained to estimate speed by sight doesn’t need an electronic gauge to catch speeders.

The 5-1 ruling was a defeat for 27-year-old Akron-area motorist Mark W. Jenney and speeders across the state. Jenney had challenged a visual speed estimate by a Copley police officer, but a trial court and the 9th District Court of Appeals upheld his conviction.

So, Ohio drivers, expect to see your state assess a lot more speeding tickets (a nice form of revenue for the depleted state coffers), now that the police have been given carte blanche. There’s little reason for them not to treat this as a newly imposed tax on drivers: no evidence is required, other than the officer’s estimate, and the court clearly isn’t too worried about the legal implications of this.

As Eric Moretti says:

Hey “Supreme Court Justices” why don’t you guys get this part of what laws are supposed to do through your thick skulls. It’s safe to say that officers might be trained to identify speeds, and they might even be great at it — but it blasts the notion of burden of proof being on the state out of the water. You didn’t just blast it out, you nuked that fish to dry land. There is no factual evidence when officers have the ability to do this, “I think you were going 120 mph.”

Where is the public recourse for police officers who abuse their abilities? We have to take an officer’s (the state) word that we committed a crime? Did you guys even go to law school?

June 3, 2010

Toronto Police tougher than the RCMP?

Filed under: Cancon, Law — Tags: , , , , — Nicholas @ 12:48

Kelly McParland notes that even though the RCMP have a lot of tough-guy things on their list of “will do”, there’s one thing Toronto Police will do that the RCMP won’t:

The RCMP will Taser an old lady at the drop of a hat.
They’ll Taser a guy in an airport because he’s holding a stapler and looks upset.
They’ll Taser the disabled.
They’ll Taser a 15-year-old girl in handcuffs.
They’ll Taser an 82-year-old heart patient in a hospital bed.
They’ll Taser someone who’s been hog-tied, pepper-sprayed, handcuffed and manacled.
They’ll Taser just about anything that can be Tasered. But they won’t use “sound cannons” in the middle of a city. Too risky.
Toronto police are buying four of the ear blasters for the G20 summit.

June 2, 2010

New copyright bill introduced

Filed under: Cancon, Law, Media, Technology — Tags: , , , , , , — Nicholas @ 16:21

It’s not yet online, so I haven’t read it myself (and, not being a lawyer, it might not be a good use of my time). Michael Geist has, however, and provides a useful summary of the good and the bad:

The bill contains some important extensions of fair dealing, including new exceptions for parody, satire, and (most notably) education. It also contains more sensible time shifting and format shifting provisions that still feature restrictions (they do not apply where there is a digital lock) but are more technology neutral than the C-61 model. There is also a “YouTube exception” that grants Canadians the right to create remixed user generated content for non-commercial purposes under certain circumstances. While still not as good as a flexible fair dealing provision, the compromise is a pretty good one. Throw in notice-and-notice for Internet providers, backup copying, and some important changes to the statutory damages regime for non-commercial infringement and there are some provisions worth fighting to keep.

Yet all the attempts at balance come with a giant caveat that has huge implications for millions of Canadians. The foundational principle of the new bill remains that anytime a digital lock is used — whether on books, movies, music, or electronic devices — the lock trumps virtually all other rights. In other words, in the battle between two sets of property rights — those of the intellectual property rights holder and those of the consumer who has purchased the tangible or intangible property — the IP rights holder always wins. This represents market intervention for a particular business model by a government supposedly committed to the free market and it means that the existing fair dealing rights (including research, private study, news reporting, criticism, and review) and the proposed new rights (parody, satire, education, time shifting, format shifting, backup copies) all cease to function effectively so long as the rights holder places a digital lock on their content or device.

It’s not quite the total surrender to the entertainment rights holders that many feared, but it’s certainly not the best deal for consumers. Bottom line:

For the glass half-full, the compromise positions on fair dealing, the new exceptions, and statutory damages are not bad — not perfect — but better than C-61. For the glass half-empty, the digital lock provisions are almost identical to C-61 and stand as among the most anti-consumer copyright provisions in Canadian history. Not only are they worse than the U.S. DMCA, but they undermine much of the positive change found in the rest of the bill. In the days and weeks ahead, Canadians must speak out to ensure that the compromise positions found in C-32 remain intact and that the digital lock provisions move from the no-compromise category to the compromise one.

June 1, 2010

Another local outbreak of counterfeit bills in Toronto

Filed under: Cancon, Law — Tags: , , — Nicholas @ 14:08

I was just down in the convenience store in my clients’ office building in downtown Toronto and heard from the store owner that there are lots of counterfeit bills appearing today. She showed me an example $10 bill, which looked fine except it was missing the metallic strip on the left side of the bill.

Here’s a guide to recognizing the differences between real and counterfeit Canadian bills from the Bank of Canada:

May 28, 2010

The copyright issue in Canadian law

Filed under: Cancon, Law, Technology — Tags: , , , — Nicholas @ 12:05

I’ve always understood that under Canadian copyright law, as long as you bought the original CD, you were allowed to rip the tracks to play on iPods and other MP3 players. I was wrong — that sort of thing breaks Canadian copyright law:

Industry Minister Tony Clement has an admission to make: He built his impressive music library on his iPod in part by breaking Canada’s copyright law.

Mr. Clement, stickhandling the copyright file for the Conservative government along with Heritage Minister James Moore, is poised to introduce new copyright legislation within days. But until the law is updated to permit Canadians to transfer music onto MP3 players from CDs they have purchased, Mr. Clement stands on the wrong side of Canada’s copyright law.

“Well you see, you know I think I have to admit it probably runs afoul of the current law because the current law does not allow you to shift formats. So the fact of the matter is I have compact discs that I’ve transferred, I have compact discs from my children or my wife that I’ve transferred onto my iPod. None of that is allowable under the current regime,” Mr. Clement, a music buff who also legally purchases songs from iTunes to build a digital database that now stands at 10,452 songs.

If the guy in charge of the relevant ministry admits that he’s breaking the law, are the media providers going to slap him with a lawsuit, claiming their traditional multi-millions per track in damages? If not, why not?

Update: Amusingly, the first piece of spam that someone attempted to post on this article said “The compilation of all content on this site is the exclusive property of WaySpa and protected by Canadian and international copyright laws.” So I guess now we know who to blame . . .

May 26, 2010

More on the Michael Bryant case

Filed under: Cancon, Law, Media — Tags: , , , — Nicholas @ 07:17

It’s rather surprising how strongly this Globe and Mail editorial expresses the paper’s approval of the decision not to press charges against former Ontario attorney-general Michael Bryant:

Everyone deserves justice, even a former Ontario attorney-general driving an expensive car who finds himself in an altercation with a cyclist in which the cyclist is killed. Irrespective of whatever wealth, power or connections Michael Bryant may have, he was an Everyman. Anyone might find himself in his place one day, reacting in fear and panic to a wild, unexpected aggressor, and subject afterward to police charges and condemnation by the community. When criminal charges were dropped against him yesterday, it was a good day for justice.

Much of what was publicly believed about Michael Bryant’s fatal encounter on Aug. 31, 2009, with Darcy Sheppard turns out to have been false. He did not swerve across a street and ram Mr. Sheppard into a light post or tree or mailbox. He was not speeding along at 60 to 100 kilometres an hour.

Nor were any of the terrible events that night emblematic of the problems that car drivers and cyclists have sharing the road. Mr. Sheppard was simply a man out of control. Given that he paid for his actions with his life, it may seem an unnecessary further blow that he now be publicly judged. But it is necessary, because another man, Michael Bryant, was facing up to life in prison if convicted of criminal negligence causing death. He, not Mr. Sheppard, had the power of the state lined up against him. And everything that happened proceeded inexorably as a result of Mr. Sheppard’s own actions.

Other than the initial flurry of interest in the case immediately following the incident, I didn’t follow the details. This is an excellent example of media coverage severely biased against the defendant: what little I thought I knew about the case made it seem to be an open-and-shut case of vehicular manslaughter. As the Globe editorial points out, very little of what I “knew” about the case (from the media) turns out to have been true.

May 25, 2010

Charges against Michael Bryant unexpectedly dropped

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 10:53

Just in from National Post:

All criminal charges have been withdrawn against former Ontario Attorney General Michael Bryant.

Special prosecutor Richard Peck made the surprise announcement in a Toronto courtroom Tuesday morning.

Mr. Bryant was charged after an altercation with a cyclist in downtown Toronto last summer; the cyclist, Darcy Allan Sheppard, died in hospital afterwards.

If the speculation went wild after a former backbench federal Conservative MP got off with a (relative) slap on the wrist, it’ll pale in comparison to the outrage this development is likely to provoke.

Initial discussion of the incident here and here.

May 22, 2010

Copyright suits . . . and profanity

Filed under: Humour, Law, Technology — Tags: , , — Nicholas @ 11:27

Cory Doctorow finds fulfilling both interests easy in this case:

You know what I’m interested in? Copyright lawsuits.

And profanity.

Lucky for me, Google and Viacom have provided both today, in the form of a series of emails released through the discovery process in Viacom’s billion-dollar lawsuit against YouTube. In these emails, the two companies take turns cussin’ and spittin’ and swearin’ about each other. Hilarity ensues. Ars Technica rounds up some of the highlights.

May 21, 2010

More developments in the NFL “StarCaps” case

Filed under: Football, Law — Tags: , , — Nicholas @ 14:02

Of interest to Minnesota Vikings fans, the NFL having won the last round, Kevin and Pat Williams managed to get the court to rule in favour of continuing the injunction:

Pat Williams and Kevin Williams are likely going to be available for most or all of the 2010 season after being granted an extension to the temporary injunction granted in an 11-page opinion from Hennepin County District Court Judge Gary Larson this morning.

In his decision, Larson said that the Williamses had “satisfied the standard” for proving that their suspensions should be blocked during the appeals process. In short, what the decision appears to show is that the Williamses can appeal the case to the Minnesota Court of Appeals and, even if they lose at that level, would have the chance to appeal to the Minnesota Supreme Court. Given the time that having cases filed and heard at both levels typically take several months, it appears at face value that there is little chance both appeals would be heard during the 2010 season

Of even greater interest is the commentary from the presiding judge, which is quite in line with my own feelings on the matter:

“(The NFL) knew StarCaps contained Bumetanide, that players were ingesting Bumetanide, that Bumetanide was dangerous and withheld information about StarCaps, knowing that players would suffer as a result. (The NFL) created a trap that it knew would result in violations of the program.”

[. . .]

“(The NFL) could have easily avoided this very situation by informing players or teams what it already knew — that StarCaps contained a hidden, dangerous substance. (The NFL) knew that many players were already inadvertently ingesting Bumetanide and continued to the place the health, safety and welfare of its players in jeopardy, so that (NFL General Counsel) Adolpho Birch could play a game of ‘gotcha.’ The league clearly allowed a half dozen other players to use Bumetanide without punishment.”

If the ingredient had been listed on the label, or if the NFL had informed players that the ingredient was in the product, the NFL would be quite correct in trying to suspend these players. Because it was not, and they did not, the NFL should go pound sand.

Your iPod is even more valuable than you think

Filed under: Economics, Law, Media, Technology — Tags: , , , , — Nicholas @ 12:54

Sing along with the RIAA:


Full image here

May 17, 2010

He comes not to praise Canadian universities, but to bury them

Filed under: Cancon, Education, Law — Tags: , , — Nicholas @ 18:37

The Guardian summarizes an article by Robert Martin:

A mighty steam organ of an article, adorned with the title University Legal Education in Canada is Corrupt Beyond Repair, blasts forth in the October 2009 issue of the scholarly journal Interchange. It’s the handiwork of Robert Martin, professor of law, emeritus, at the University of Western Ontario.

Martin warms up with a little tune about university students: “Each fall, a horde of illiterate, ignorant cretins enters Canada’s universities. A few years later, they all move on, just as illiterate, just as ignorant and rather more cretinous, but now armed with bits of paper, which most of them are probably not able to read, called degrees.”

Then, in deeper tones, Martin sounds off about universities: “Canadian universities are closed and fearful institutions, which actively enforce uniformity on their members.”

[. . .]

Martin brings everything to a rousing conclusion that, one way or another, pretty much explains everything:

“There are two phrases that can be used to describe every law faculty in Canada. The phrases are: ‘feminist seminary’ and ‘psychotic kindergarten’.”

I guess it’s safer to say things like this after your active teaching career is behind you . . .

May 14, 2010

QotD: Western civilization – stick a fork in it

Filed under: Government, Law, Liberty, Quotations, USA — Tags: , — Nicholas @ 13:17

In the history of civilization — and that’s how old terrorism is, it wasn’t invented on Sept. 11, 2001 — terrorists have never, on their own, succeeded in destroying or significantly altering a culture. They utterly lack the resources to do so.

Where they have succeeded, terrorists have done so only by so frightening a society into abandoning its fundamental values.

That guy who tried to fly a plane into the White House? The one who failed to detonate an explosive device in an airplane approaching Metro Detroit International? The shoe bomber? The guy who just failed to set off a bomb in Times Square? The homegrown terrorists at Virginia Tech and Fort Hood?

The combined death toll from their acts is less than 100. The U.S., supposedly the world’s sole superpower, has a population of 308 million.

The distinction between a global superpower and a nation afraid of its own shadow is becoming more difficult to discern with every attack on the U.S. homeland. Each has been met with an over-reaction — in the media and among government officials — that would embarrass the Londoners who stoically endured the Blitz.

David Olive, “The terrorists win”, Toronto Star, 2010-05-14

May 13, 2010

To the drug warriors, this isn’t a bug: it’s a feature

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 12:32

Jacob Sullum urges against the adoption of DUID (driving under the influence of drugs) laws:

Under these laws, a driver who has marijuana metabolites in his urine is automatically considered impaired, even though he probably isn’t. Because marijuana metabolites can be detected in urine long after the drug’s effects have worn off (up to two weeks for occasional users, months for frequent users), a “zero tolerance” DUID standard punishes pot smokers who have not harmed or endangered anyone. It is a way of imposing an extra punishment for marijuana use under the guise of traffic safety, sending unimpaired drivers to jail as public menaces because they smoked pot days or weeks before getting behind the wheel. It’s like arresting someone for drunk driving on a Wednesday because he drank a few beers the previous Saturday. And it is completely unnecessary, since a standard based on THC in the blood (analogous to the standard for DUI) would be a much better indicator of impairment.

All this is sensible, logical, and totally irrelevant to the mentality of most “drug warriors”: they love the idea of being able to punish drug users out of proportion to any harm they cause (or, in the vast majority of THC-intoxicated users, total lack of harm to the public).

May 12, 2010

QotD: National Post goes full Anarchist

Filed under: Law, Liberty, Quotations — Tags: , , — Nicholas @ 14:14

Speaking of Queen Victoria, the Calgary Herald‘s editorialists are disappointed that Banff National Park is banning alcohol at its campgrounds on the 24th of May weekend. Better enforcement would take care of “the young rowdies in the tents,” they insist, without denying “the family out for the weekend in the motorhome” a glass of wine with dinner. We suggest such families do as we did when we were young rowdies in tents on the 24th of May weekend at parks where alcohol was banned: Ignore it. This land is your land, this land is my land, pass me another Big Rock.

Chris Selley, “Full Pundit: Jesus comes to Ottawa”, National Post, 2010-05-12

May 5, 2010

Three reasons not to remove the Downfall parodies

Filed under: History, Law, Media, WW2 — Tags: , , , , — Nicholas @ 12:50

3 Reasons YouTube Shouldn’t Censor Downfall Parodies

[. . .]

It’s understandable why Downfall’s production company, Constantin Film, might be upset that such a serious movie is being burlesqued, but pushing YouTube to ban the parodies is a terrible idea for at least three reasons:

1. It’s fair use! The parodies, which transform a few minutes of a three-hour movie, are clearly legit under existing copyright laws. Because they clearly transform the original and have no possibility of confusing viewers, the parodies are clearly protected speech.

2. This is free promotion! As George Lucas could tell the filmmakers, fan-generated videos help keep the original source material vital and relevant. Lucas used to try to police all Star Wars knock-offs, until he realized that his audience was promoting his films more effectively than he ever could. More people have surely seen Downfall due to the popularity of the parodies.

3. Let’s keep the Internet creative! The greatest cultural development over the past 20 or so years has been technologies that allow producers and consumers to create and enjoy an ever-increasing array of creative expression in an ever-increasing array of circumstances. This development is nowhere more powerful than on the Internet, which has unleashed a whole new universe of writing, music, video, and more. Indeed, YouTube is itself one of the great conduits of cyberspace. Pulling down the Downfall parodies may be within YouTube’s rights, but it nonetheless strikes a blow to the heart of what is totally awesome about the Internet.

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