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Posts Tagged ‘lawsuit’

In an earlier post, I wrote about Amazon’s deletion of unauthorized copies of ‘1984’ from some users’ Kindles and the companies subsequent gracious apology. Well, it appears the story is not quite over. A lawsuit has been filed in Seattle that seeks class action status for Kindle owners and Orwell readers, claiming that Amazon breached it’s contract with Kindle owners when it deleted the e-books.

I had earlier expressed my disappointment with Amazon’s intrusive action. However, I had then assumed that the terms of use allowed Amazon to do what it did, in at least some specific cases. In other words, while Amazon’s actions were stupid, scary and against the spirit of liberty, I did not think they were actually violating anyone’s rights.

However, if it is true that Amazon’s actions were indeed not authorized under the terms of use, which say that “Amazon grants you the non-exclusive right to keep a permanent copy of the applicable Digital Content and to view, use, and display such Digital Content an unlimited number of times,” then Amazon violated the Kindle owners’ rights and liberty not just in spirit but in very tangible terms. I continue to admire Amazon as a company and I will still do business with them; but in the light of this information, I hope that whoever brought the lawsuit wins substantial damages.

Aside: It appears that Amazon similarly deleted e-copies of Ayn Rand’s novels earlier. Heh.

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(See updates below)

(This post, for legal reasons that will be obvious, is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 License.)

Gaurav Sabnis writes about the unfortunate case of blogger Chetan Kunte, whose views about Barkha Dutt’s “unethical reporting” apparently caused NDTV to browbeat him into deleting the post and replacing it with an apology.

It does not take a PhD in reading between the lines to guess what happened. NDTV probably sent Kunte a legal notice, asking him to pull the post down, apologize, never write about them again, and pay an absurdly massive amount of money. Remember this legal notice from a few years back? Seems like NDTV might have used the same basic wording.

I don’t know if that is true. I do strongly suspect, however, that someone acted like a bully. Gaurav notes that Chetan’s post is available through Google Cache. Since I do not know how long it will stay there, I am going to cross-post the entire thing here. I am not violating Kunte’s copyright because his license terms (the same as this particular post) allow me to republish his writing with attribution. [Update: see below] I also believe that his entire post was basically a collection of opinions and not literal statements of fact; hence Kunte did not defame Barkha Dutt/NDTV by writing this post and I am not doing so by posting it here.

I urge all bloggers who feel similarly to do the same.

Appalling journalism. Absolute blasphemy! As I watch the news from home, I am dumbfounded to see Barkha Dutt of NDTV break every rule of ethical journalism in reporting the Mumbai mayhem. Take a couple of instances for example:

In one instance she asks a husband about his wife being stuck, or held as a hostage. The poor guy adds in the end about where she was last hiding. Aired! My dear friends with AK-47s, our national news is helping you. Go get those still in. And be sure to thank NDTV for not censoring this bit of information.

In another instance, a General sort of suggests that there were no hostages in Oberoi Trident. (Clever.) Then, our herione of revelations calls the head of Oberoi, and the idiot confirms a possibility of 100 or more people still in the building. Hello! Guys with guns, you’ve got more goats to slay. But before you do, you’ve got to love NDTV and more precisely Ms. Dutt. She’s your official intelligence from Ground zero.

You do not need to be a journalist to understand the basic premise of ethics, which starts with protecting victims first; and that is done by avoiding key information from being aired publicly—such as but not limited to revealing the number of possible people still in, the hideouts of hostages and people stuck in buildings.

Imagine you’re one of those sorry souls holed-up in one of those bathrooms, or kitchens. A journalist pulls your kin outside and asks about your last contact on national television, and other prying details. In a bout of emotion, if they happen to reveal more details, you are sure going to hell. Remember these are hotels, where in all likelihood, every room has a television. All a terrorist needs to do is listen to Ms. Barkha Dutt’s latest achievement of extracting information from your relative, based on your last phone-call or SMS. And you’re shafted—courtesy NDTV.1

If the terrorists don’t manage to shove you in to your private hell, the journalists on national television will certainly help you get there. One of the criticisms about Barkha Dutt on Wikipedia reads thus:

During the Kargil conflict, Indian Army sources repeatedly complained to her channel that she was giving away locations in her broadcasts, thus causing Indian casualties.

Looks like the idiot journalist has not learnt anything since then. I join a number of bloggers pleading her to shut the f⋅⋅⋅ up.

Update: In fact, I am willing to believe that Hemant Karkare died because these channels showed him prepare (wear helmet, wear bullet-proof vest.) in excruciating detail live on television. And they in turn targeted him where he was unprotected. The brave officer succumbed to bullets in the neck.

Update 2 [28.Nov.2300hrs]: Better sense appears to have prevailed in the latter half of today—either willfully, or by Government coercion2, and Live broadcasts are now being limited to non-action zones. Telecast of action troops and strategy is now not being aired live. Thank goodness for that.

Update 3 [30.Nov.1900hrs]: DNA India reports about a UK couple ask media to report carefully:

The terrorists were watching CNN and they came down from where they were in a lift after hearing about us on TV.
— Lynne Shaw in an interview.

Oh, they have a lame excuse pronouncing that the television connections in the hotel has been cut, and therefore it is okay to broadcast. Like hell! [←]

I’m thinking coercion, since Government has just denied renewing CNN’s rights to air video today; must’ve have surely worked as a rude warning to the Indian domestic channels. [←]

I should probably add that I do not agree with Kunte’s opinions. However that is hardly relevant in this context.

[Update: It appears I was mistaken in reading the license; the Creative Commons license governs the Google Cache blog, not Kunte’s blog. (I thought they were the same blog). So it is possible that my republishing Kunte’s post above  violates his copyright. On the other hand, since the original post is no longer available on the author’s blog, my posting it here has news reporting value; so it may well come under ‘fair use’. Anyway, for now, this post stays.]

[Update 2: In a Facebook group, Barkha Dutt (or someone impersonating her) confirms that NDTV did send Kunte a legal notice.

you may want to know that the author of this email- a certain Mr. Kunte who lives in Holland.. has been sent a legal notice by NDTV for the rubbish and lies peddled in this email.

Best Regards

Barkha Dutt.

This whole case has been a PR nightmare for NDTV. If they have any sense whatsoever, they will issue a dignified statement about free speech, retract the threat to Kunte and shut up on this topic henceforth.]

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In a remarkable case, a Russian judge threw out a sexual harassment lawsuit on the grounds that employers were obliged to make passes at female staff to ensure the survival of the human race.

From the Telegraph report:

[The unnamed employee] alleged she had been locked out of her office after she refused to have intimate relations with her 47-year-old boss.

“He always demanded that female workers signalled to him with their eyes that they desperately wanted to be laid on the boardroom table as soon as he gave the word,” she earlier told the court. “I didn’t realise at first that he wasn’t speaking metaphorically.”

The judge said he threw out the case not through lack of evidence but because the employer had acted gallantly rather than criminally.

“If we had no sexual harassment we would have no children,” the judge ruled.

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I had written earlier about the Scrabble vs Scrabulous saga. There is a post on the same topic at Reason Hit and Run today, with an interesting discussion below.

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Since the Judge Kozinski story broke three days ago, I have frequently visited The Volokh Conspiracy hoping that Eugene Volokh — an outstanding blogger who I frequently cite —  would post on the issue. My interest was piqued not only because I admire Kozinski — a brilliant judge with a libertarian streak — but because Volokh had once clerked for him. Here is the expected post, at last.

I’ve tried to avoid blogging about the Judge Kozinski story, because I’m so obviously biased on the subject. I clerked for the Judge. The Judge officiated at my wedding. I talk to him often. I consider him a close friend, he’s taught me a huge amount, and he’s helped me tremendously in my career, and not just by giving me a valuable credential. What I say on the matter will naturally and properly be discounted because of my bias. Still, I can’t help myself any longer, so I’ll pass along what I think, and you can give it whatever credit you think is due.

Here is a link to the rest of Volokh’s article, which I recommend. I agree completely with all his points. However, I am a tad disapponted that he places so much emphasis on the fact that the images on the judge’s site were tame. In other words, while I agree with his conclusion, 

We should all leave Kozinski to his own privately expressed sense of humor, as we’d like the world to leave us to ours,

I would have been happier if he had added it didn’t really matter even if that sense of humour was much racier than what it actually is.

It would be a great day for freedom when the obscenity law is finally repealed. The root of the current controversy is that Kozinski was also going to officiate this case.  Of course, because of the controversy, he has now recused himself from it. The defence, I suppose, would have fancied their chances if he had remained the judge — Kozinski has always known to be a staunch defender of free speech. The prosecution must be chortling with glee.

On another note, I really hope that the LA Times, which broke the story, publishes a retraction and offers Kozinski an apology. They have displayed an astonishing lack of journalistic integrity in their coverage of the matter. It has, to put it lightly, been full of misleading errors. For instance, they said that one of the images showed a man ‘cavorting’ with a donkey when it wasn’t even close to that. But if the LA Times did apologize to this supposedly conservative judge, it wouldn’t really be the LA Times any more, would it?

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This case is so absurd that it is difficult to take it seriously. Priya Venkatesan, who taught writing this year at Dartmouth College, is threatening to sue former students under Title VII of the Civil Rights Act for criticizing her in course feedbacks. This report has the details along with snippets of Ms Venkatesan’s own writing, which should leave no doubt in anyone’s mind why she got so poor evaluations.

Oh, and Title VII, for those who are unaware, is the primary federal law that prohibits discrimination in employment. For the life of me I don’t see how that can be used to sue the students, who are neither Ms Venkatesan’s employers nor her colleagues. Besides, as any lawyer would point out, they have an obvious first amendment right to censure their professor in evaluations. Maybe Ms Venkatesan has a postmodernist explanation for all this…

Here’s a link to the Dartmouth blog coverage on the matter. Also, my thoughts on Title VII and other anti-discrimination laws.

(Link via Instapundit)

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