JURIST's legal news service, powered by a team of over 40 law student reporters and editors led by Professor Bernard Hibbitts at the University of Pittsburgh School of Law. http://jurist.org/paperchase JURIST@pitt.REMOVE_THISedu [JURIST] The Mannheim Regional Court in Germany ruled for Motorola Mobility, a subsidiary of Google, against Microsoft [corporate websites] on Friday. This was the fourth decision [FOSS Patents report] in a suit between Motorola and Microsoft to be issued this year, all of which were countersuits by Microsoft against claims by Motorola. All of the prior decisions had come down in Microsoft's favor up to this point. The patent at issue, EP1233343 [text], is for technology that allows applications to work with different mobile communication hardware and cellular networks [FOSS Patents report]. This allows the same application to work with... http://jurist.org/paperchase/2012/10/germany-court-rules-for-motorola-in-microsoft-patent-dispute.php 2012-10-05T13:48:36-05:00 http://jurist.org/paperchase/2012/10/germany-court-rules-for-motorola-in-microsoft-patent-dispute.php Michael Haggerson ... [JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) [official website] on Friday condemned [press release] a draft law [bill 8711 materials, in Ukrainian] that would ban pro-gay "propaganda" in Ukraine. The OHCHR said that the bill would be open to abuse and that it violates human rights and Ukraine's commitments to anti-discrimination and the protection of minority rights. In its current draft form, the bill authorizes fines and prison sentences of up to five years for "promotion of homosexuality." Ukrainian Parliament Commissioner for Human Rights Valeria Lutkovska criticized [Interfax report] the bill for failing to define... http://jurist.org/paperchase/2012/10/un-proposed-ukraine-gay-propaganda-ban-violates-human-rights.php 2012-10-05T13:08:02-05:00 http://jurist.org/paperchase/2012/10/un-proposed-ukraine-gay-propaganda-ban-violates-human-rights.php Michael Haggerson ... [JURIST] The Queen's Bench Division [official website] on the High Court of England and Wales ruled Friday that three elderly Kenyans can sue the British government for torture they suffered while in detention under the British Colonial Administration in the 1950s. Judge Richard McCombe ruled that the three Kenyans could claim damages against the British government [Guardian report] for the harm they sustained at the hands of their captors during the Mau Mau uprising [Leigh Day & Co. backgrounder] in the days of the British Empire. The three claimants, who were not in court to hear the ruling, seek apologies... http://jurist.org/paperchase/2012/10/uk-court-allows-kenya-ex-prisoners-to-sue-for-colonial-era-torture.php 2012-10-05T11:36:36-05:00 http://jurist.org/paperchase/2012/10/uk-court-allows-kenya-ex-prisoners-to-sue-for-colonial-era-torture.php Dan Taglioli ... [JURIST] The High Court of England and Wales on Friday approved the extradition of five terror suspects to the US. The court's decision comes a week after the European Court of Human Rights (ECHR) [official website] gave its final approval of the extradition, which it had initially approved [JURIST reportS] in April. Egyptian-born Muslim cleric Abu Hamza al-Masri [BBC profile; JURIST news archive] and four other suspects appealed [JURIST report] that ruling in July, but the ECHR declined to revisit their arguments. In its decision, the court criticized the extensive time spent litigating the extradition [BBC report]. In addition to... http://jurist.org/paperchase/2012/10/uk-court-approves-extradition-of-terror-suspects-to-us.php 2012-10-05T11:30:53-05:00 http://jurist.org/paperchase/2012/10/uk-court-approves-extradition-of-terror-suspects-to-us.php Rebecca DiLeonardo ... [JURIST] The High Court of Australia [official website] on Friday published its reasons [text, PDF] for dismissing a lawsuit brought by several large international tobacco companies challenging the labeling requirements of the Tobacco Plain Packaging Act 2011 (TPP Act) [materials]. The court originally dismissed the challenge [JURIST report] in August but provided its reasons only this week. The TPP Act sets criminal and civil penalties for failure to conform to the Tobacco Plain Packaging Regulations 2011 [materials], which impose significant restrictions on the color, shape, finish and other aesthetic details of retail packaging for tobacco products and mandate specific health... http://jurist.org/paperchase/2012/10/australia-high-court-upholds-tobacco-plain-package-law.php 2012-10-05T10:21:09-05:00 http://jurist.org/paperchase/2012/10/australia-high-court-upholds-tobacco-plain-package-law.php Dan Taglioli ... [JURIST] Amnesty International (AI) [advocacy website] on Thursday urged Syria to release a prominent human rights lawyer [press release] and his friend believed to be detained by security forces. AI contends that both men should be released immediately unless they are charged with an internationally recognized offense. A Deputy Director for Amnesty International states that "the families of these men have a right to know what has happened to them. If they are held, they should be released immediately and unconditionally unless they are charged with an internationally recognisable offence." Khalil Ma'touq and his friend were last seen on Tuesday... http://jurist.org/paperchase/2012/10/syria-must-release-detained-human-rights-lawyer-ai.php 2012-10-05T08:31:38-05:00 http://jurist.org/paperchase/2012/10/syria-must-release-detained-human-rights-lawyer-ai.php Sarah Posner ... [JURIST] Google [corporate website] and the Association of American Publishers (AAP) [association website] on Thursday announced a settlement [press release] over Google's book-scanning initiative [website]. Authors and publishers have alleged that Google was illegally profiting off of their works by scanning more than 20 million books [AP report]. One particularly contentious issue was that Google would include books in its book-scanning initiative unless an author or publisher affirmatively objected to its inclusion in the project. Therefore, an author's works could be published without the author's knowledge since Google did not obtain permission from either authors or publishers. This settlement does... http://jurist.org/paperchase/2012/10/google-and-authors-settle-dispute-over-book-scanning-project.php 2012-10-05T07:04:15-05:00 http://jurist.org/paperchase/2012/10/google-and-authors-settle-dispute-over-book-scanning-project.php Sarah Posner ... [JURIST] The US Court of Appeals for the Eighth Circuit [official website] on Thursday upheld the dismissal [opinion, PDF] of a challenge to the Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder] due to the plaintiffs' lack of standing. Although Missouri Lieutenant Governor Peter Kinder [official website] and six other citizens alleged that the PPACA violates provisions of both the US and Missouri constitutions, the Eighth Circuit emphasized that even a finding of proper standing would result in dismissing the case based on the Supreme Court [official website] decision in National Federal of Independent Business v. Sebelius [opinion,... http://jurist.org/paperchase/2012/10/eighth-circuit-affirms-dismissal-of-health-care-law-challenge.php 2012-10-04T15:41:23-05:00 http://jurist.org/paperchase/2012/10/eighth-circuit-affirms-dismissal-of-health-care-law-challenge.php Brandon Gatto ... [JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Thursday urged Serbia [press release] to protect universal freedoms and allow a banned pride parade for the lesbian, gay, bisexual and transgender community. The pride parade, which was scheduled to be held this Saturday in Belgrade, was canceled [Reuters report] by the Serbian Ministry of Interior [official website] for security reasons. A similar cancellation occurred last year after the Belgrade parade of 2010 [ABC News report] amounted to violent attacks, vandalism, and wounded police officers and civilians. Pillay, however, parried the security argument by reasoning that banning peaceful... http://jurist.org/paperchase/2012/10/jurist-un-high-commissioner-for-1.php 2012-10-04T14:56:15-05:00 http://jurist.org/paperchase/2012/10/jurist-un-high-commissioner-for-1.php Brandon Gatto ... [JURIST] The war crimes court [official website] of Bosnia and Herzegovina (BiH) on Wednesday acquitted [press release] two Serbian defendants of involvement in the 1995 Srebrenica massacre [BBC backgrounder; JURIST news archive]. Dragan Neskovic and Zoran Ilic were charged with crimes against humanity for their role in the massacre at Srebrenica and other war crimes. In a press release, the court announced that the two men were acquitted because "it was not proven that they committed the crime they were charged with." Ilic was arrested [JURIST report] in 2009 with two other police officers for their alleged involvement in the... http://jurist.org/paperchase/2012/10/bosnia-court-acquits-two-former-policemen-in-srebrenica-massacre-case.php 2012-10-04T12:55:17-05:00 http://jurist.org/paperchase/2012/10/bosnia-court-acquits-two-former-policemen-in-srebrenica-massacre-case.php Rebecca DiLeonardo ... [JURIST] An anti-graft court in the Philippines on Thursday ordered the arrest of former president Gloria Macapagal-Arroyo [BBC profile; JURIST news archive] in a corruption case alleging the misuse of state lottery funds. This is the third corruption case pending against Arroyo, who made bail in July [JURIST report] after eight months of detention in an army hospital. This most recent case against Arroyo accuses her of misusing over $8 million in state lottery funds while in office. Other corruption cases accuse her of election fraud and accepting bribes. Arroyo has maintained her innocence in all cases, suggesting the charges... http://jurist.org/paperchase/2012/10/philippines-court-orders-arrest-of-former-president.php 2012-10-04T12:25:02-05:00 http://jurist.org/paperchase/2012/10/philippines-court-orders-arrest-of-former-president.php Rebecca DiLeonardo ... [JURIST] An Iraqi court on Wednesday sentenced an American citizen to life in prison for funding terrorist activities in Iraq and aiding al Qaeda. Iraq's central criminal court convicted [AP report] Omar Rashad Khalil following a confession he made in which he admitted to receiving money from a Syrian man in the UAE to finance terrorist attacks. The Iraqi Ministry of the Interior [official website, in Arabic] released excerpts of Khalil's confession. Khalil, a 53-year-old architect, was arrested in 2010 [Reuters report] and charged with helping finance and execute terrorist operations in Iraq. The Ministry of the Interior indicated [Global... http://jurist.org/paperchase/2012/10/iraq-court-sentences-us-citizen-to-life-in-prison-for-aiding-al-qaeda.php 2012-10-04T10:44:13-05:00 http://jurist.org/paperchase/2012/10/iraq-court-sentences-us-citizen-to-life-in-prison-for-aiding-al-qaeda.php Max Slater ... [JURIST] A judge for the US District Court for the District of Montana [official website] on Wednesday ruled [order, PDF] that a state law [MCA § 13-37-216] that limits campaign contributions violates the free speech clause of the First Amendment [Cornell LII backgrounder]. Montana's campaign finance law limits the individual contributions to gubernatorial and lieutenant governor candidates to $500 and contributions to candidates for other statewide offices to $250. Judge Charles Lovell held that the law unconstitutionally prevents both candidates and potential donors from being able to wage an effective political campaign:[T]he Court concludes that Montana's contribution limits in Montana... http://jurist.org/paperchase/2012/10/federal-judge-strikes-down-montana-campaign-finance-law.php 2012-10-04T09:45:43-05:00 http://jurist.org/paperchase/2012/10/federal-judge-strikes-down-montana-campaign-finance-law.php Max Slater ... [JURIST] The US Supreme Court [official website] on Wednesday heard oral arguments [day call, PDF] in two cases. In Johnson v. Williams [transcript, PDF; JURIST report] the court heard arguments on whether a state court can "adjudicate on the merits" a case when it has denied a habeas corpus [Cornell LII backgrounder] claim but not expressly mentioned a federal law basis for doing so. In this case, the defendant argues that the California state trial court violated her Sixth Amendment [text] right to a trial by an impartial jury by dismissing the lone juror who was holding out for her... http://jurist.org/paperchase/2012/10/supreme-court-hears-arguments-on-habeas-corpus-takings-clause.php 2012-10-04T07:39:42-05:00 http://jurist.org/paperchase/2012/10/supreme-court-hears-arguments-on-habeas-corpus-takings-clause.php Jaimie Cremeans ... [JURIST] The US Court of Appeals for the Sixth Circuit [official website] on Tuesday affirmed [opinion, PDF] a lower court ruling that permitted an Ohio law [2919.123 text] limiting the use of the "abortion pill." The law requires that the use of the pill, RU-486 [FDA guidelines], conform with federal guidelines, which currently do not allow the pill to be used after seven weeks of pregnancy. The US District Court for the Southern District of Ohio [official website] upheld [JURIST report] the law in May, overturning a 2006 injunction [JURIST report]. The Sixth Circuit was unanimous in affirming the lower... http://jurist.org/paperchase/2012/10/sixth-circuit-upholds-ohio-law-limiting-abortion-pill.php 2012-10-03T15:45:03-05:00 http://jurist.org/paperchase/2012/10/sixth-circuit-upholds-ohio-law-limiting-abortion-pill.php Jerry Votava ... [JURIST] UN Special Representative for Haiti Mariano Fernandez Amunategui on Wednesday called on Haiti to strengthen its rule of law institutions [press release] such as police and electoral council. UN Secretary-General Ban Ki-moon [official profile] noted in the report [materials] that the country is still subject to "setbacks linked to political instability, lack of respect for the rule of law and unmet social grievances." The report also recommended the extension of the mandate of the UN Stabilization Mission in Haiti (MINUSTAH) [official website]. Amunategui presented to the UN Security Council [official website] a consolidation plan established between the local government... http://jurist.org/paperchase/2012/10/haiti-urged-to-strengthen-rule-of-law-institutions.php 2012-10-03T14:33:34-05:00 http://jurist.org/paperchase/2012/10/haiti-urged-to-strengthen-rule-of-law-institutions.php Sung Un Kim ... [JURIST] Former Democratic Republic of Congo (DRC) [BBC backgrounder; JURIST news archive] militia leader Thomas Lubanga Dyilo [case materials] on Wednesday appealed his conviction and sentence from the International Criminal Court [official website]. Lubanga was convicted [JURIST report] in March for the war crimes of enlisting and conscripting children under the age of 15 and using them to participate actively in hostilities. As a result of the conviction, he received a 14-year sentence [JURIST report] from the ICC. Lubanga's lawyers are seeking [AFP report] to have the conviction and the sentence replaced with an acquittal. Lubanga has maintained his innocence... http://jurist.org/paperchase/2012/10/former-congo-militia-leader-appeals-icc-sentence.php 2012-10-03T14:22:12-05:00 http://jurist.org/paperchase/2012/10/former-congo-militia-leader-appeals-icc-sentence.php Jerry Votava ... [JURIST] A Turkish court on Monday sentenced two prison guards and a prison director to life in prison for the torture and death of anti-government activist Engin Ceber while in police custody. With the life sentence, the court also sentenced nine other officials to prison terms of varying length. The re-trial began in February when the Supreme Court of Appeals reversed a previous conviction reasoning that there were clerical errors and defendants did not receive a fair trial because of their representation by a single lawyer. During the re-trial, the life sentence of one police officer was converted to a... http://jurist.org/paperchase/2012/10/turkish-court-hands-life-sentences-to-guards-responsible-for-activists-death.php 2012-10-03T13:42:21-05:00 http://jurist.org/paperchase/2012/10/turkish-court-hands-life-sentences-to-guards-responsible-for-activists-death.php Sung Un Kim ... [JURIST] Representatives for the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] voiced their concern Tuesday over Iran's recent crackdown on activists speaking out within the nation. The OHCHR is most notably concerned by the September arrest of human rights lawyer Mohammad Ali Dadkhah. According to a statement [press release] by the OHCHR, Dadkhah has been sentenced to nine years in prison for "membership of an association seeking to overthrow the government and propaganda against the system." In addition to his prison sentence, Dadkhah has also received a 10-year ban [UN News Centre report] on legal... http://jurist.org/paperchase/2012/10/un-human-rights-office-condemns-irans-crackdown-on-dissidents.php 2012-10-03T10:54:54-05:00 http://jurist.org/paperchase/2012/10/un-human-rights-office-condemns-irans-crackdown-on-dissidents.php Keith Herting ... [JURIST] The US Court of Appeals for the Second Circuit [official website] on Tuesday extended a stay [opinion, PDF] on a lower court order that barred enforcement of a law allowing the indefinite detention of suspected terrorists. The Second Circuit's order allows certain provisions of the National Defense Authorization Act (NDAA) [text, PDF], specifically Section 1021(b)(2), to remain in force pending appeal. This provision affirms the authority of the president under the Authorization for Use of Military Force (AUMF) to detain indefinitely any "person who was a part of or substantially supported al Qaeda, the Taliban, or associated forces that... http://jurist.org/paperchase/2012/10/federal-appeals-court-extends-stay-on-order-blocking-indefinite-detention-law.php 2012-10-03T10:28:20-05:00 http://jurist.org/paperchase/2012/10/federal-appeals-court-extends-stay-on-order-blocking-indefinite-detention-law.php Matthew Pomy ... [JURIST] Ukrainian President Viktor Yanukovych [official website, in Ukrainian] on Tuesday praised [press release, in Ukrainian] the rejection of a proposed law that would have established harsh penalties for reporters who spread libel. The bill, which passed on its first reading, would have established fines and other punishments, including prison and correctional labor sentences, for spreading false information about another person. After being heavily protested [Kyiv Post report] by Ukrainian journalists and criticized by the international community, the Verkhovna Rada, Ukraine's parliament, voted to rescind [Kyiv Post report] the bill by a wide margin. Yanukovych emphasized [Kyiv Post report] the... http://jurist.org/paperchase/2012/10/ukraine-president-applauds-cancelation-of-proposed-libel-bill.php 2012-10-03T09:54:34-05:00 http://jurist.org/paperchase/2012/10/ukraine-president-applauds-cancelation-of-proposed-libel-bill.php Matthew Pomy ... [JURIST] The Hamas [CFR backgrounder] criminal justice system is rife with human rights abuses, Human Rights Watch (HRW) [advocacy website] reported [text, PDF] Wednesday. The report, entitled "Abusive System: Criminal Justice in Gaza," claims that under Hamas rule, people in the Gaza Strip [BBC backgrounder] are subject to numerous rights violations including warrantless arrests and torture. The report includes a list of specific recommendations for Prime Minister Ismail Haniyeh, the Interior Ministry, and the Ministry of Justice that the organization hopes will resolve many of the abuses it believes are currently plaguing the region:Hamas should ... ensure that members of... http://jurist.org/paperchase/2012/10/hamas-criminal-justice-system-violating-human-rights-hrw.php 2012-10-03T09:41:08-05:00 http://jurist.org/paperchase/2012/10/hamas-criminal-justice-system-violating-human-rights-hrw.php Keith Herting ... [JURIST] A Malaysian court on Tuesday awarded damages to a group of five opposition politicians and activists who were unlawfully detained pursuant to the country's controversial Internal Security Act of 1960 (ISA) [text, PDF], which permits indefinite detention without trial for terror suspects, dissidents and political opponents. Three politicians and two activists were detained without trial for two years after being arrested in 2001 following anti-government protests. In addition to other damages, the court awarded [Malaysian Insider report] 15,000 ringgit (USD $5,000) per person for each day spent in police custody. The government can appeal the verdict. The lower chamber... http://jurist.org/paperchase/2012/10/malaysia-court-awards-damages-to-former-detainees.php 2012-10-03T09:24:06-05:00 http://jurist.org/paperchase/2012/10/malaysia-court-awards-damages-to-former-detainees.php Maureen Cosgrove ... [JURIST] Mississippi Attorney General Jim Hood [official website] announced Tuesday that the state's voter identification law will not take effect [press release] before the November 6 election. The new legislation [HB 921 materials], which would require voters to show photo ID to vote in any election in the state, must be approved by the US Department of Justice [official website] pursuant to Section 5 of the Voting Rights Act (VRA) [Cornell LII backgrounder]. Mississippi requested pre-clearance of the voter ID law for the upcoming election, but the DOJ responded by requesting more information about the proposed changes. Specifically, the DOJ... http://jurist.org/paperchase/2012/10/mississippi-voter-id-law-delayed-pending-federal-review.php 2012-10-03T08:57:22-05:00 http://jurist.org/paperchase/2012/10/mississippi-voter-id-law-delayed-pending-federal-review.php Maureen Cosgrove ... [JURIST] The Verkhovna Rada [official website], the Ukrainian parliament, on Tuesday approved [press release, in Ukrainian] a draft law [bill 8711 materials, in Ukrainian] that would ban pro-gay "propaganda" in Ukraine. The bill, roughly translated as the "the law on the protection of children's rights to safe information space" would amend laws to create liability for promoting homosexuality, although it does not specify what constitutes promotion of homosexuality. It would also include a criminal provision for importing, producing or distributing documents that both promote homosexuality and, in some way, promote religious intolerance, national intolerance, racism or discrimination, among other offenses.... http://jurist.org/paperchase/2012/10/ukraine-lawmakers-give-preliminary-approval-to-gay-propaganda-ban.php 2012-10-03T08:03:20-05:00 http://jurist.org/paperchase/2012/10/ukraine-lawmakers-give-preliminary-approval-to-gay-propaganda-ban.php Julia Zebley ...