Futurelawyer

Text Messaging A Driver Found Not Grounds For Liability

No Liability Found for Sending Texts to Driver Just Before Crash. If you thought that the texting while driving controversy was over, you are wrong. Just because a New Jersey trial court has found that a third party texter is not liable for the distraction caused to a driver who then caused an accident, you may be assured that the foreseeability test will be tested again, both on appeal, and in other cases. Of course, negligence must be the "proximate cause" of injury to be actionable, and that cause depends upon the vague notion of what is reasonably foreseeable. But, it will take a lot of trials, and a lot of appeals, to flesh out a doctrine of foreseeability in texting cases. Would direct evidence that the texter in this case had "actual knowledge" that the driver was operating a motor vehicle change the result? Who knows? However, this certainly will give impetus to voice texting software in phones. Drivers can be distracted by all sorts of things. It is the voluntary act that causes the distraction that creates liability problems. 

The Last Full Measure Of Devotion

Execupundit.com: Quote of the Day - Memorial Day. The Gettysburg Address is perhaps the most brilliant piece of writing about the horror of war, and the men who die fighting them, ever written. Thanks to Execupundit for reminding us what we memorialize today:

"It is rather for us to be here dedicated to the great task remaining before us - that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion - that we here highly resolve that these dead shall not have died in vain - that this nation, under God, shall have a new birth of freedom - and that government of the people, by the people, for the people shall not perish from the earth."

History of Memorial Day

History of Memorial Day %u2014 History.com Articles, Video, Pictures and Facts.  As we face another Memorial Day with soldiers at war, we should try to understand the history of what used to be called "Decoration Day", and to think about the unspeakable sacrifice made by young men or women who put themselves in harm's way to protect us. As I watch the televised tributes, the marches and TV ads, I can't help but be struck by how feeble it is to stand for a few seconds at a baseball game and say "Thank You". It seems like so little, and so inadequate. However, in the final analysis, what else can you do or say? How about spending some of the billions in dollars we are using to bail out large banks and corporations to provide benefits for veterans? Let's tell our legislators to say thanks with the wallet. 

Note: I posted this on Memorial Day in 2010 and 2011. I am posting it again to remind our Legislators that every day should be Memorial Day. And to remind each of us that this is a proud day; but, it isn't a happy day. 

So That's How Facebook Intends To Make Money!

Click %u201CLike%u201D If You Can See This Post: Facebook%u2019s New Sponsored Stories Feature. I had some naysayers when I expressed my failure to see how Facebook intended to justify it's IPO price. Now, the stock is falling, and the smart money thinks it will go below 20 by the end of the year. Some think that Facebook will unveil some money making ideas around the time Google announces the next new thing at the IO conference. Now, we are seeing the first volley in the Facebook money wars. Facebook is going to charge its users to guarantee eyes on the posts and pages. For businesses with a Facebook page (every print and other kind of ad nowadays seems to have a "Like Me On Facebook" component), will this be a way to spend ad dollars? Some pundits have suggested that Facebook charge users a dollar a month to have a Facebook account. See how many millions of users would run, and how many would stay. Say, at a discounted $10 a year, times 900 million users (if you believe Facebook), that is a lot of dollars. So, what do you think? Would you pay to use Facebook? How much? Would you pay for a sponsored post? How much? 

Sending Text To Distracted Driver - Are You Liable?

Legal Blog Watch. It is pretty clear that a driver who is distracted while driving by his own acts, such as texting, will be liable for damages caused by his negligence. However, we all learned in law school that there is a limit to that liability, in the doctrine of "forseeability". See Palsgraf v. Long Island Railroad,  248 N.Y. 339, 162 N.E. 99 (N.Y. 1928). Okay, enough Torts I. What about a person who is texting another person they "know" is driving a vehicle. Can the injured person state a cause of action against the texter? This argument will be made in a New Jersey case, and the Court will be asked to decide the limits of forseeability. This should be a Torts Final Exam question for the Y generation law classes. I agree with this post by Bruce Carton. The doctrine of forseeability has limits, and a wireless phone text is beyond the limit. However, I stand ready to be corrected. We shall see.

Google Wins Oracle Litigation - Android Users And Developers Breathe Easier

Jury clears Google of infringing on Oracle patents | ZDNet. In a victory for open operating systems, a jury has found that Google did not infringe on Oracle Patents by using Java code in the creation and development of the Android OS. APIs, which link software programs to perform many functions, are not really susceptible to ownership by one software developer. Allowing Oracle to control them would stunt the growth of software, and stifle innovation. The win by Google, in the most important phase of the trial, is a victory for all open system fans. Of course, there are other claims, and Oracle has the money to appeal. However, today is Google's day, and it is a big win.

General Motors Won't Pay To Advertise On Facebook

General Motors ditches Facebook advertising - SlashGear. Okay, I admit that Facebook is popular, and it may be worth the billions that the investors in its IPO say it is; but, why is GM refusing to pay to advertise there anymore? Will the millions of users who play Zynga games generate the kind of revenue that shareholders will demand? I am merely playing devil's advocate here. I wish I could afford to invest in Facebook stock. However, while millions of people will still want to connect with friends and family at the site, will they pay for the privilege? Will advertisers pay to get in front of them while they are doing it? I'm just asking.

Excuse Me, Sir, But Do You Glow In The Dark?

Connecticut Resident Stopped By State Police For Radioactivity - Slashdot. As technology improves, it becomes more accessible to everyone. In this case, the police scanners found radioactivity in a car, and stopped the man driving. It turned out that the man had just received a medical treatment using radioactive materials. Should such a stop be prohibited? Of course not. It is reasonable for law enforcement in these times to check out something like this. Of course, if the police had reacted differently, such as shooting the suspect with a ray gun, the dynamics would be completely different. Expect more of these kinds of pushing and pulling between security measures and personal freedom. Expect also the technology to advance in ways that we can't predict. We live in interesting times.

 

Happy Mother's Day

Each of us shares an immutable law of nature. We have mothers. Some of us have several; whether by birth, marriage, friendship or otherwise. While we set aside a day to honor them, the beautiful thing about a mother's love is that it doesn't require a holiday, or a memorial. It just is. The love of a mother is the kind that Kahlil Gibran spoke about in The Prophet: Love gives naught but itself and takes naught but from itself.Love possesses not nor would it be possessed;For love is sufficient unto love. When I hear someone say the words "unconditional love", I realize that most of us struggle with the concept. Everything we do seems to carry conditions. However, the love of a mother doesn't carry that baggage. It gives without expectation of return. I hope each of us has experienced that kind of love. If you have, now is the time to say thank you. 

Copyright Reform? What A Concept!

Oracle-Google verdict signals need for copyright reform - JavaWorld. Can software be protected by copyright? The idea is certainly something that should be copyrightable. It is just as much a part of the creative process as words on paper that create the best novel. However, software performs other functions; and, so that software can interact with other software, much code is the same or similar in a variety of programs. And, the interface code necessary, the Application Program Interface (API) is specifically designed to allow one program to interact with another. If a company were to be allowed to copyright such code, software and computer innovation would cease. Can a balance be struck? Google began with the foundation created by Java, code owned by Oracle, and made something new and better, Android. There is no way that a court is going to halt the progress of technology based on copyright claims. It just isn't going to happen. So, either we continue the amorphous litigation and vague decisions and the path we are on; or, we reform the software copyright system. In the meantime, consumers will continue to use technology, oblivious to the complicated underpinnings of software code. We just want it to work.