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Showing posts with label loses. Show all posts

NY Times loses bid to uncover details on drone strikes

The facade of the New York Times building is seen in New York, November 29, 2010. REUTERS/Shannon Stapleton

The facade of the New York Times building is seen in New York, November 29, 2010.

Credit: Reuters/Shannon Stapleton



NEW YORK | Wed Jan 2, 2013 5:18pm EST


NEW YORK (Reuters) - A federal judge on Wednesday rejected The New York Times' bid to force the U.S. government to disclose more information about its targeted killing of people it believes have ties to terrorism, including American citizens.


U.S. District Judge Colleen McMahon in Manhattan said the Obama administration did not violate the law by refusing the Times' request for the legal justifications for targeted killings, a strategy the Times said was first contemplated by the Bush administration soon after the attacks of September 11, 2001.


McMahon appeared reluctant to rule as she did, noting in her decision that disclosure could help the public understand the "vast and seemingly ever-growing exercise in which we have been engaged for well over a decade, at great cost in lives, treasure, and (at least in the minds of some) personal liberty."


Nonetheless, she said the government was not obligated to turn over materials the Times had sought under the federal Freedom of Information Act (FOIA), even though it had such materials in its possession.


"The Alice-in-Wonderland nature of this pronouncement is not lost on me," McMahon said in her 68-page decision.


The newspaper and two reporters, Charlie Savage and Scott Shane, had sued the government for details about the government's drone program, including the late 2011 killings of U.S. citizens Anwar al-Awlaki and his 16-year-old son Abdulrahman in separate strikes in Yemen.


Civil liberties groups have attacked the drone program, which deploys pilotless aircraft, as in effect a green light for the government to kill Americans without constitutionally required due process. U.S. Attorney General Eric Holder has rejected that contention.


Among the materials sought by the Times was a memorandum that the newspaper had in early October 2011 reported had been prepared by the U.S. Department of Justice's Office of Legal Counsel. The Times cited people who had read the document.


The Times said this memorandum had authorized the "legal targeting" of Anwar al-Awlaki, a U.S.-born Muslim cleric who joined al Qaeda's Yemen affiliate and directed many attacks.


APPEAL PLANNED


The Times said it plans to appeal McMahon's decision.


"We began this litigation because we believed our readers deserved to know more about the U.S. government's legal position on the use of targeted killings against persons having ties to terrorism, including U.S. citizens," New York Times assistant general counsel David McCraw said in a statement.


He said McMahon, despite ruling for the government, explained "eloquently ... why in a democracy the government should be addressing those questions openly and fully."


McMahon also rejected information requests in a parallel lawsuit by the American Civil Liberties Union. That group said it will appeal, and also has a lawsuit seeking information about targeted killings pending at the D.C. Circuit Court of Appeals.


"The public has a right to know more about the circumstances in which the government believes it can lawfully kill people, including U.S. citizens, who are far from any battlefield and have never been charged with a crime," Jameel Jaffer, deputy legal director of the ACLU, said in a statement.


Dean Boyd, a spokesman for the U.S. Department of Justice, said that agency is reviewing the decision.


PROGRAM ON "TIGHT LEASH"


Citing protections envisioned by the Constitution's framers, McMahon said there were "legitimate reasons, historical and legal" to question whether the administration could unilaterally authorize killings taking place outside a "hot" field of battle.


But she rejected the Times' argument that the administration could not rely on exemptions from having to disclose classified or privileged material by virtue of having made at least two dozen public statements about the targeted killing program.


Among these were Obama's statements in an online forum on January 30, 2012, that the government was "judicious" in its use of drones, and that the program was "kept on a very tight leash."


She also cited a speech on March 5, 2012, at Northwestern University School of Law in Chicago where Holder said the government could lawfully use lethal force in a foreign country against U.S. citizens who had senior operational roles in al-Qaeda and were "actively engaged" in efforts to kill Americans.


McMahon dismissed the entire case except for one small issue related to two unclassified memos.


The cases are New York Times Co et al v. U.S. Department of Justice, U.S. District Court, Southern District of New York, No. 11-09336; and American Civil Liberties Union et al v. U.S. Department of Justice in the same court, No. 12-00794.


(Reporting by Jonathan Stempel and Jennifer Saba in New York; Editing by Gary Hill, Bernard Orr)


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Apple loses another copyright lawsuit in China: Xinhua

A security guard stands next to an Apple retail store during the release of the iPhone 5 in Shanghai December 14, 2012. REUTERS/Carlos Barria

A security guard stands next to an Apple retail store during the release of the iPhone 5 in Shanghai December 14, 2012.

Credit: Reuters/Carlos Barria

SHANGHAI | Fri Dec 28, 2012 8:30am EST

SHANGHAI (Reuters) - A Chinese court has fined Apple Inc 1 million yuan ($160,400) for hosting third-party applications on its App Store that were selling pirated electronic books, the official Xinhua news agency reported on Friday.

Apple is to pay compensation to eight Chinese writers and two companies for violating their copyrights, the Beijing No.2 Intermediate People's Court ruled on Thursday, Xinhua said.

Earlier in the year, a group of Chinese authors filed the suit against Apple, saying an unidentified number of apps on its App Store sold unlicensed copies of their books. The group of eight authors was seeking 10 million yuan in damages.

"We are disappointed at the judgment. Some of our best-selling authors only got 7,000 yuan. The judgment is a signal of encouraging piracy," Bei Zhicheng, a spokesman for the group, told Reuters.

Apple said in a statement that it takes copyright infringement complaints "very seriously".

"We're always updating our service to better assist content owners in protecting their rights," Apple spokeswoman Carolyn Wu said.

China has the world's largest Internet and mobile market by number of users, but piracy costs software companies billions of dollars each year.

Apple, whose products enjoy great popularity in China, has faced a string of legal headaches this year. In July, Apple paid 60 million yuan to a Chinese firm, Proview Technology, to settle a long-running lawsuit over the iPad trademark in China.

($1 = 6.2360 Chinese yuan)

(Reporting by Shanghai Newsroom and Melanie Lee; Editing by Kazunori Takada and Matt Driskill)


View the original article here

Chipmaker Marvell loses $1.17 billion patent verdict

 


Dec 26, 2012 8:04pm EST


n">(Reuters) - A federal jury on Wednesday found that Marvell Technology Group infringed two patents held by Carnegie Mellon University, and ordered the chipmaker to pay $1.17 billion in damages.


The award is one of the largest by a jury in a U.S. patent case, and is nearly twice Marvell's profit in its latest fiscal year. It followed a month-long trial in the U.S. District Court in Pittsburgh, the home of Carnegie Mellon.


Jurors also found that Marvell's patent infringement was willful. This could enable the trial judge, Nora Barry Fischer, to award triple damages, a sum close to the $3.96 billion market value of Marvell, whose chips are used for reading and writing data on hard disk drives.


Shares of Marvell fell 10.3 percent on Wednesday, closing down 85 cents at $7.40 on the Nasdaq.


Carnegie Mellon said it was gratified by the verdict. "Protection of the discoveries of our faculty and students is very important to us," it said.


Marvell and its law firm, Quinn Emanuel Urquhart & Sullivan, did not immediately respond to requests for comment.


The company had argued that it had acted in good faith, and the Carnegie Mellon patents were invalid. In a November 29 regulatory filing, Marvell said it intended to litigate vigorously in any potential appeal if it lost at trial.


Carnegie Mellon had accused Marvell of infringing patents used in technology for hard disk drive circuits to read data from high-speed magnetic disks, according to a statement from the university's law firm, K&L Gates.


The law firm said the patents related to systems and methods developed by Carnegie Mellon Professor Jose Moura and a doctoral student, Aleksandar Kavcic, who is now a professor at the University of Hawaii.


Through its verdict, the jury found that Marvell had sold billions of chips incorporating the technology without being licensed to do so, K&L Gates said.


Marvell is based in Hamilton, Bermuda. Its U.S. operating unit Marvell Semiconductor Inc is based in Santa Clara, California, and was also a defendant in the case.


The company posted a $615.1 million profit on net revenue of $3.39 billion in its most recent fiscal year, which ended on January 28. It counts Western Digital Corp and Seagate Technology Plc among its largest customers.


The trial judge set a May 1, 2013, hearing to consider a final judgment in the case, court records show.


The case is Carnegie Mellon University v. Marvell Technology Group Ltd et al, U.S. District Court, Western District of Pennsylvania, No. 09-00290.


(Reporting by Jonathan Stempel and Nate Raymond in New York and Himank Sharma in Bangalore; Editing by Steve Orlofsky, Leslie Adler, Andrew Hay and Phil Berlowitz)


View the original article here

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