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  <title>case law</title><generator>Bloggy</generator>
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    <description>case law</description>

<item>
<title>for computer-implemented inventions by codifying the
  European Patent Office&apos;s existing case law and practice. The EU </title>
  <description><![CDATA[for computer-implemented inventions by codifying the
  European Patent Office's existing case law and practice. The EU Parliament completed first reading of the
  Directive in late 2003; a common position on a political agreement was reached under the Irish Presidency
  of the EU in May 2004, but remains to be adopted by the Council.
Microsoft's Perspective
Intellectual property (IP) p]]></description>
  <content:encoded><![CDATA[for computer-implemented inventions by codifying the
  European Patent Office's existing case law and practice. The EU Parliament completed first reading of the
  Directive in late 2003; a common position on a political agreement was reached under the Irish Presidency
  of the EU in May 2004, but remains to be adopted by the Council.
Microsoft's Perspective
Intellectual property (IP) p]]></content:encoded>
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</item>
<item>
<title>&quot;reverse directory&quot; searches of phone numbers.

It is quite clear that this is the majority case for access to communicati</title>
  <description><![CDATA["reverse directory" searches of phone numbers.

It is quite clear that this is the majority case for access to communications data and
pragmatism alone suggests that a self-authorisation scheme for investigators  with an
effective oversight regime  is the only practical solution.

This type of access is  of course  privacy invasive, in that people may wish to
operate pseudonymously, bu]]></description>
  <content:encoded><![CDATA["reverse directory" searches of phone numbers.

It is quite clear that this is the majority case for access to communications data and
pragmatism alone suggests that a self-authorisation scheme for investigators  with an
effective oversight regime  is the only practical solution.

This type of access is  of course  privacy invasive, in that people may wish to
operate pseudonymously, bu]]></content:encoded>
  <link>http://pdfind.com/consultation-response-access-to-communications</link>
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</item>
<item>
<title>to adult pornography,
though the test there is the rather stronger one of &quot;obscene&quot;. In both cases the aim is
to criminalis</title>
  <description><![CDATA[to adult pornography,
though the test there is the rather stronger one of "obscene". In both cases the aim is
to criminalise the commercial aspects of the trade and (in 1978) the end-user
"punters" committed no offence by mere possession.

Not that there was ever much doubt, but the "R v Fellows and Arnold (1996)" case
established that electronic files (JPEGs, GIFs etc) count as photographs]]></description>
  <content:encoded><![CDATA[to adult pornography,
though the test there is the rather stronger one of "obscene". In both cases the aim is
to criminalise the commercial aspects of the trade and (in 1978) the end-user
"punters" committed no offence by mere possession.

Not that there was ever much doubt, but the "R v Fellows and Arnold (1996)" case
established that electronic files (JPEGs, GIFs etc) count as photographs]]></content:encoded>
  <link>http://pdfind.com/clause-53-of-the-sexual-offences</link>
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</item>
<item>
<title>(&quot;MBTA Opp.&quot;) errs on two crucial points of law upon which this

Motion (and indeed, this entire case) can be decided without t</title>
  <description><![CDATA[("MBTA Opp.") errs on two crucial points of law upon which this

Motion (and indeed, this entire case) can be decided without the need to resolve any factual

issues. Contrary to the MBTA's view:
       (1) The Computer Fraud and Abuse Act ("CFAA") does not regulate pure speech. On its
           face, it prohibits the act of accessing without authorization and causing damage to
           pro]]></description>
  <content:encoded><![CDATA[("MBTA Opp.") errs on two crucial points of law upon which this

Motion (and indeed, this entire case) can be decided without the need to resolve any factual

issues. Contrary to the MBTA's view:
       (1) The Computer Fraud and Abuse Act ("CFAA") does not regulate pure speech. On its
           face, it prohibits the act of accessing without authorization and causing damage to
           pro]]></content:encoded>
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</item>
<item>
<title>Federal Criminal Defense Seminar:
                      Strategies For Defending Complex Cases
                        </title>
  <description><![CDATA[Federal Criminal Defense Seminar:
                      Strategies For Defending Complex Cases
                                       September 4-6, 2008

                                                and

                    Persuasive Writing Workshop for Trial Lawyers
                                       September 4-5, 2008

                                Los Angeles Marriott Do]]></description>
  <content:encoded><![CDATA[Federal Criminal Defense Seminar:
                      Strategies For Defending Complex Cases
                                       September 4-6, 2008

                                                and

                    Persuasive Writing Workshop for Trial Lawyers
                                       September 4-5, 2008

                                Los Angeles Marriott Do]]></content:encoded>
  <link>http://pdfind.com/administrative-office-of-the-us-courts</link>
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</item>
<item>
<title>                              _________________
        RONALD LEE GILMAN, Circuit Judge. In this case of first impression, we c</title>
  <description><![CDATA[                              _________________
        RONALD LEE GILMAN, Circuit Judge. In this case of first impression, we consider
whether the United States Sentencing Commission failed to comply with Congress's directive when
it established ratios to estimate the amount of methamphetamine that can reasonably be
manufactured from certain precursor chemicals. The issue arises in the context ]]></description>
  <content:encoded><![CDATA[                              _________________
        RONALD LEE GILMAN, Circuit Judge. In this case of first impression, we consider
whether the United States Sentencing Commission failed to comply with Congress's directive when
it established ratios to estimate the amount of methamphetamine that can reasonably be
manufactured from certain precursor chemicals. The issue arises in the context ]]></content:encoded>
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<item>
<title>v. City of Columbus, 395 F.3d 643, 647 (6th Cir. 2005). The district court also
analyzed this case under Parks, presumably b</title>
  <description><![CDATA[v. City of Columbus, 395 F.3d 643, 647 (6th Cir. 2005). The district court also
analyzed this case under Parks, presumably because the parties agreed that it was the applicable test.
However, we believe that the Parks test is inapplicable to the case at bar.
       In Parks, a freedom of expression case, we set forth a three-part test for determining whether
the government has violated one's]]></description>
  <content:encoded><![CDATA[v. City of Columbus, 395 F.3d 643, 647 (6th Cir. 2005). The district court also
analyzed this case under Parks, presumably because the parties agreed that it was the applicable test.
However, we believe that the Parks test is inapplicable to the case at bar.
       In Parks, a freedom of expression case, we set forth a three-part test for determining whether
the government has violated one's]]></content:encoded>
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</item>
<item>
<title>with the dictates of Title VI. Section 621 of Title
VI--the provision at issue in the instant case--enumerates various requi</title>
  <description><![CDATA[with the dictates of Title VI. Section 621 of Title
VI--the provision at issue in the instant case--enumerates various requirements cable operators
must follow to acquire cable franchises. Specifically, subsection (b)(1) of Section 621, 47 U.S.C.
         1
          "The Communications Act of 1934, Pub. L. No.73-416, 48 Stat. 1064 . . . . grants the FCC broad authority to
regulate all aspec]]></description>
  <content:encoded><![CDATA[with the dictates of Title VI. Section 621 of Title
VI--the provision at issue in the instant case--enumerates various requirements cable operators
must follow to acquire cable franchises. Specifically, subsection (b)(1) of Section 621, 47 U.S.C.
         1
          "The Communications Act of 1934, Pub. L. No.73-416, 48 Stat. 1064 . . . . grants the FCC broad authority to
regulate all aspec]]></content:encoded>
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</item>
<item>
<title>under  2703(d).
Id.  2703(a), (b).
        Under  2703(d), the provision at issue in this case, &quot;a court of competent ju</title>
  <description><![CDATA[under  2703(d).
Id.  2703(a), (b).
        Under  2703(d), the provision at issue in this case, "a court of competent jurisdiction" may
issue an order based on "specific and articulable facts showing that there are reasonable grounds to
believe that the contents of a wire or electronic communication, or the records or other information
No. 06-4092               Warshak v. United States ]]></description>
  <content:encoded><![CDATA[under  2703(d).
Id.  2703(a), (b).
        Under  2703(d), the provision at issue in this case, "a court of competent jurisdiction" may
issue an order based on "specific and articulable facts showing that there are reasonable grounds to
believe that the contents of a wire or electronic communication, or the records or other information
No. 06-4092               Warshak v. United States ]]></content:encoded>
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</item>
<item>
<title>Shaker Heights (the area with
a zip code ending in the &quot;20&apos;s&quot;) that made him suspicious in this case. Cook indicated that 35-4</title>
  <description><![CDATA[Shaker Heights (the area with
a zip code ending in the "20's") that made him suspicious in this case. Cook indicated that 35-40% of his positive alerts
came from packages directed to the "20's" zip codes.
No. 07-3219                    United States v. Alexander                                     Page 3


than one thousand dollars in cash, and mailing receipts. Detective William Ford proceed]]></description>
  <content:encoded><![CDATA[Shaker Heights (the area with
a zip code ending in the "20's") that made him suspicious in this case. Cook indicated that 35-40% of his positive alerts
came from packages directed to the "20's" zip codes.
No. 07-3219                    United States v. Alexander                                     Page 3


than one thousand dollars in cash, and mailing receipts. Detective William Ford proceed]]></content:encoded>
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</item>
<item>
<title>the

bridge. Officer Charley changed the tone of his siren to gain Defendant&apos;s attention

in case Defendant did not notice </title>
  <description><![CDATA[the

bridge. Officer Charley changed the tone of his siren to gain Defendant's attention

in case Defendant did not notice Officer Charley was following Defendant. Defendant

still did not yield. While crossing the bridge, Defendant threw a bottle with yellow

liquid out the passenger window. Defendant continued traveling and ultimately pulled

to the side of the road approximately one-thir]]></description>
  <content:encoded><![CDATA[the

bridge. Officer Charley changed the tone of his siren to gain Defendant's attention

in case Defendant did not notice Officer Charley was following Defendant. Defendant

still did not yield. While crossing the bridge, Defendant threw a bottle with yellow

liquid out the passenger window. Defendant continued traveling and ultimately pulled

to the side of the road approximately one-thir]]></content:encoded>
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</item>
<item>
<title>than simple memorization of rules
and statutory provisions. While the 50 states have their own case law, constitutions, and
s</title>
  <description><![CDATA[than simple memorization of rules
and statutory provisions. While the 50 states have their own case law, constitutions, and
statutes, the states cannot be less protective of defendants' rights than the United States
Supreme Court; they can only offer greater protections than the Supreme Court requires.
Thus, the Supreme Court sets the floor, or minimum requirements, of freedom, privacy,
and f]]></description>
  <content:encoded><![CDATA[than simple memorization of rules
and statutory provisions. While the 50 states have their own case law, constitutions, and
statutes, the states cannot be less protective of defendants' rights than the United States
Supreme Court; they can only offer greater protections than the Supreme Court requires.
Thus, the Supreme Court sets the floor, or minimum requirements, of freedom, privacy,
and f]]></content:encoded>
  <link>http://pdfind.com/criminal-procedure-investigative-phase</link>
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</item>
<item>
<title>      Paula Singer, Esq.
       CEO
       Windstar Technologies
       Norwood, MA



8:15   Case Law                      </title>
  <description><![CDATA[      Paula Singer, Esq.
       CEO
       Windstar Technologies
       Norwood, MA



8:15   Case Law                                                                          I-C
       Recent Federal and State Tax Decisions
       Christine B. Worthen, Esq.               Scott Boak, Assistant Attorney General
       Eaton Peabody                            Attorney General's Office
       ]]></description>
  <content:encoded><![CDATA[      Paula Singer, Esq.
       CEO
       Windstar Technologies
       Norwood, MA



8:15   Case Law                                                                          I-C
       Recent Federal and State Tax Decisions
       Christine B. Worthen, Esq.               Scott Boak, Assistant Attorney General
       Eaton Peabody                            Attorney General's Office
       ]]></content:encoded>
  <link>http://pdfind.com/12th-annual-maine-tax-forum</link>
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</item>
<item>
<title>                                                 Page 11
worldwide infringement, recent Canadian case law on liability for auth</title>
  <description><![CDATA[                                                 Page 11
worldwide infringement, recent Canadian case law on liability for authorizing infringement raises
questions as to whether a comparable enterprise would be found liable under Canadian law.
The Copyright Act should be amended to enable rights holders to obtain effective remedies
against those who in the Internet context knowingly facilitate]]></description>
  <content:encoded><![CDATA[                                                 Page 11
worldwide infringement, recent Canadian case law on liability for authorizing infringement raises
questions as to whether a comparable enterprise would be found liable under Canadian law.
The Copyright Act should be amended to enable rights holders to obtain effective remedies
against those who in the Internet context knowingly facilitate]]></content:encoded>
  <link>http://pdfind.com/intellectual-property-alliance</link>
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</item>
<item>
<title>protection applies to &quot;original works
                     research purposes; and, in certain cases, public         of autho</title>
  <description><![CDATA[protection applies to "original works
                     research purposes; and, in certain cases, public         of authorship fixed in any tangible medium of
                     and commercial purposes.                                 expression [...]." Unlike patent protection, the
                         To navigate the potential minefield of copy-         code states that
          ]]></description>
  <content:encoded><![CDATA[protection applies to "original works
                     research purposes; and, in certain cases, public         of authorship fixed in any tangible medium of
                     and commercial purposes.                                 expression [...]." Unlike patent protection, the
                         To navigate the potential minefield of copy-         code states that
          ]]></content:encoded>
  <link>http://pdfind.com/m-a-r-c</link>
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</item>
<item>
<title> There is a split between several circuits regarding the

definition of willful intent in export cases. A few other circuits ha</title>
  <description><![CDATA[ There is a split between several circuits regarding the

definition of willful intent in export cases. A few other circuits have internally inconsistent

definitions of the phrase, and still other circuits, such as the Sixth Circuit, have not yet

made any pronouncements on the subject.

       In Bryan v. United States, 524 U.S. 184, 196 (1998), the Supreme Court held that

in order to establ]]></description>
  <content:encoded><![CDATA[ There is a split between several circuits regarding the

definition of willful intent in export cases. A few other circuits have internally inconsistent

definitions of the phrase, and still other circuits, such as the Sixth Circuit, have not yet

made any pronouncements on the subject.

       In Bryan v. United States, 524 U.S. 184, 196 (1998), the Supreme Court held that

in order to establ]]></content:encoded>
  <link>http://pdfind.com/48c5d88a0c644</link>
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</item>
<item>
<title>based upon the technical merits of the position. Due to
           the lack of directly related case law, management cannot co</title>
  <description><![CDATA[based upon the technical merits of the position. Due to
           the lack of directly related case law, management cannot conclude that it is more likely than
           not that the Internal Revenue Service would concur with the Foundation's position.
           Therefore, in accordance with FIN 48, the Foundation has accrued a liability for
           unrecognized tax benefits related to t]]></description>
  <content:encoded><![CDATA[based upon the technical merits of the position. Due to
           the lack of directly related case law, management cannot conclude that it is more likely than
           not that the Internal Revenue Service would concur with the Foundation's position.
           Therefore, in accordance with FIN 48, the Foundation has accrued a liability for
           unrecognized tax benefits related to t]]></content:encoded>
  <link>http://pdfind.com/mozilla-foundation-and-subsidiary-december-31</link>
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</item>
<item>
<title>  GB:

16.17.10.2008   Management Forum Ltd. 4
                 Opposition and Appeals  the EPO Case Law
                 Pate</title>
  <description><![CDATA[  GB:

16.17.10.2008   Management Forum Ltd. 4
                 Opposition and Appeals  the EPO Case Law
                 Patents  the EPO Case Law
                 Conference Nos. H10-3108/H10-3208
                 Dr G. Ashley (EPO), C. Rennie-Smith (EPO)
                 London

                 ES:

17.18.10.2008   CEIPI 1 seminars preparing for the European qualifying examination 2009
 ]]></description>
  <content:encoded><![CDATA[  GB:

16.17.10.2008   Management Forum Ltd. 4
                 Opposition and Appeals  the EPO Case Law
                 Patents  the EPO Case Law
                 Conference Nos. H10-3108/H10-3208
                 Dr G. Ashley (EPO), C. Rennie-Smith (EPO)
                 London

                 ES:

17.18.10.2008   CEIPI 1 seminars preparing for the European qualifying examination 2009
 ]]></content:encoded>
  <link>http://pdfind.com/amtsblatt-epa-official-journal-epo</link>
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</item>
<item>
<title>rather than the insurer, which the Department
believes to be rare, will be considered on a case-by-case basis, and subjec</title>
  <description><![CDATA[rather than the insurer, which the Department
believes to be rare, will be considered on a case-by-case basis, and subjected to appropriate Delaware case law.
]]></description>
  <content:encoded><![CDATA[rather than the insurer, which the Department
believes to be rare, will be considered on a case-by-case basis, and subjected to appropriate Delaware case law.
]]></content:encoded>
  <link>http://pdfind.com/domesticforeign-insurers-bulletin-no22-to</link>
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<item>
<title>California precedent exists. See id. We are
aware of the California Supreme Court&apos;s demanding caseload
and recognize that ou</title>
  <description><![CDATA[California precedent exists. See id. We are
aware of the California Supreme Court's demanding caseload
and recognize that our request adds to that load. But we feel
compelled to request certification because this case raises dif-
ficult questions of state constitutional law with potentially
broad implications for California citizens' civil and religious
liberties. Considerations of comity an]]></description>
  <content:encoded><![CDATA[California precedent exists. See id. We are
aware of the California Supreme Court's demanding caseload
and recognize that our request adds to that load. But we feel
compelled to request certification because this case raises dif-
ficult questions of state constitutional law with potentially
broad implications for California citizens' civil and religious
liberties. Considerations of comity an]]></content:encoded>
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