Brooklyn Courthouse Scandal Prosecutions Under Way
The first of the criminal trials based on the alleged corruption uncovered last year in Brooklyn matrimonial court began Aug. 17 with the prosecution of a court officer and of Judge Gerald P. Garson's former clerk. The criminal case against Garson, who is accused of accepting bribes from an attorney to steer cases to him, is expected to go to trial next year. There will be a delay in Garson's case's commencement because the prosecution will probably appeal dismissal of six of the seven counts brought against him, including the charge of fixing case outcomes.
First Decision on DOMA's Constitutionality
On Aug. 17, a bankruptcy judge in Washington State became the first federal judge in the country to rule on the constitutionality of the federal Defense of Marriage Act (DOMA), 1 U.S.C. ' 7. U.S. Bankruptcy Judge Paul B. Snyder held in <i>In re Kandu</i>, No. 03-51312, 2004 Bankr. LEXIS 1233 (8/17/04) that DOMA was not unconstitutional. And, while it may seem that a law this contentious should have garnered at least a few case-law decisions in the 8 years following its enactment, the <i>Kandu</i> case has become the unlikely first because previous litigants lacked standing; they had not actually been married to a same-sex partner.
Divorce and the Foreign-National Spouse
New York is still one of the major destination states in this country for newly arriving immigrants. Many of them come as newlyweds to the state, or are married after they've lived here, either legally or illegally, for some time. Of course, newly married immigrant spouses of American citizens or permanent citizens can apply for residency, but in the first years of marriage, that status, when granted, is not permanent but conditional. Family lawyers dealing with divorcing aliens or their spouses must therefore be prepared to advise their clients of the problems that can arise when immigration status is at stake along with the usual questions of who gets the dining set and the better car. <b><i>Part One of a Two-Part Article.</i></b>
Cases of Note
Recent cases of interest to the Internet law community. This month:<br>U.S. Supreme Court Mulls RIAA, Verizon Dispute <br>PA Internet Child Pornography Act Struck Down
<b><i>Commentary</b></i> Is Suing Your Customers A Good Idea?
Four thousand two hundred and eighty lawsuits and counting. <br>That's how many lawsuits have been brought by the major record labels against music fans for using peer-to-peer (P2P) file-sharing software (like KaZaA or Morpheus) to swap music over the Internet. The 1-year anniversary has just been reached in the recording industry's unprecedented litigation campaign against its own customers. The campaign appears to have hit its stride, with the Recording Industry Association of America (RIAA) announcing roughly 500 new suits each month.
RIAA Escalates Battle
The Recording Industry Association of America (RIAA) recently announced that it has filed a new round of lawsuits against 762 people it suspects of distributing its songs for free over Internet peer-to-peer (P2P) networks like KaZaA and eDonkey. <br>As of press time, the RIAA has sued roughly 5400 people over the past year in an effort to discourage the online song copying that it believes has cut into CD sales. And it's also pressing Congress to help.
Legislative Update
House OKs Bill Imposing 'Spyware' Fines <br>Schwarzenegger Signs California Anti-Spyware Bill <br>Maryland Anti-Spam Law Toughens Penalties
Franchise Law Applies To Internet
Traditional franchising is an established business technique that brings together the owner of a branded product with another. A franchisor provides a trademark or trade name and a business arrangement; a franchisee pays a royalty and often an initial fee for the right to do business under the franchisor's name and system. The contract binding the two parties is the franchise. <br>After the downturn in the Internet advertising market, Internet merchants developed the pay-for-performance e-commerce sector. Internet merchants paid a commission to affiliates who directed people to their Web sites. More sophisticated affiliate programs were set up as revenue sharing arrangements. The terms and conditions for these programs began to mimic franchise agreements.
