The recent case of Kubert v. Best, (August 27, 2013) in New Jersey has caused a great stir: The facts of the case are, essentially, that the plaintiffs were “grievously injured by an eighteen-year-old driver who was texting while driving and crossed the center-line of the road.” New Jersey prohibited texting while driving at the time (N.J.S.A. 39:4-97.3). The underlying claims against the driver were settled, but the Plaintiffs appealed the dismissal of their claims “against the driver’s seventeen-year-old friend who was texting the driver much of the day and sent a text message to him immediately before the accident.” In its opinion New Jersey’s three-judge Court of Appeals panel decided, with a concurring opinion but no dissenting opinion, that “when the sender ‘has actual knowledge or special reason to know,’ … from prior texting experience or otherwise, that the recipient will view the text while driving, the sender has breached a duty of care to the public by distracting the driver.” Contrary to popular belief, the texter was not held liable in this case, and the dismissal of claims against her was upheld. This despite the fact that :
The Washington Post had an interesting look into Google’s unique hiring practices today coupled with photos taken from inside its Manhattan offices.
Hiring is always a dicey proposition. Hiring the wrong person can be costly in a number of ways: the search process is expensive, training is expensive, and bad employees can try to destroy a company from within by stealing trade secrets or revealing private company information.
The author runs the table on OSes: I have a Linux-laptop, a Windows XP laptop and desktop, a Windows Vista laptop, a Windows 7 laptop, and a Windows 8 laptop. To call Windows 8 a “disappointment” is like calling the Atlantic Ocean a puddle… You may be wondering what Windows 8 has to do with business law. The fact of the matter is that Windows, in its various versions, is the most popular software ever, and the migration (or failure to migrate) to a new version is a major business concern.
More importantly, Windows XP, sometimes billed as “the most popular operating system ever,” is set to reach “End of Life” less than a year from now, on April 8, 2014. This might not seem like an issue, but millions of users, particularly businesses, continue to use the venerable Microsoft XP operating system. For those of you who are visual, consider the following data from Netmarketshare:
Before you read any further, go read and take note of this petition. You may want to sign it (I did), but context will help in reading this blog post. In case you’ve been studying really, really hard for the Bar Exam, or were suffering from a surprise case of “dead” over the last week, you inevitably heard that the process of “unlocking” cell phones, previously legal, is now illegal because of government fiat. For those who may not have understood or thought to ask, “unlocking” is not the same as “jailbreaking.” In a nutshell, jailbreaking involves making it possible for a device to run code either from sources the manufacturer did not intend the device to be able to use or to run code the manufacturer did not intend it to be able to run (though most people talk about Apple IOS devices, Sony, for example, will note that other devices can also be “jailbroken”). Unlocking, however, involves making it possible for a device intended for use on one wireless network to be used on a different network – wireless devices sold by a particular wireless company are generally, but not always, sold programmed so that they can only use that company’s network.
Regular readers of Internetbizlaw and the Centre Knowledge blog know that I am pro technology consumer, and very cynical about the “graying” of property rights. I am not going to spend a lot of time in this post discussing the “right and wrong” of legalizing unlocking, or not, but everyone should understand a few facts:
How long did it take for this page to load? Not fast enough for you? Well you might just have a potential lawsuit on your hands.
While my cynical humor may seem funny to some and sad to others, it also has grains of truth. In this age of digital consumer sophistication and the debate over net neutrality some consumers have taken to the Courts to enforce ISP speed and bandwidth claims.
The AP is reporting that John McAfee has been arrested by Guatemalan police for entering the country illegally. More details…
On his blog, John McAfee announced that he is seeking asylum in Guatemala. Mr. McAfee will be holding a press conference this afternoon when he will take questions. Mr. McAfee’s latest string of posts on his blog gives more information about his whereabouts over the last few days, contains a messages to the family of Gregory Faull (who was murdered), and details what Ms. McAfee’s planned next steps. Finally, Mr. McAfee posts a pictures and information about two of his friends he says are wrongfully being held by Belize authorities. Read more
Some good news to report: I will be speaking at Affiliate Summit West in Las Vegas next month.
For more information on Affiliate Summit (which will be January 13-15, 2013), go here and for more information on my session (entitled “How Affiliate Marketers Can Avoid Legal Pitfalls”) go here.