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Ellison's defining moment







Ellison's defining moment

Ellison's defining moment 07/11/2004 11:49 AM

“Capping his company’s four-week trial against the Justice Department, Oracle CEO Larry Ellison’s masterful testimony on Thursday convincingly laid out the legal case for why Oracle should be allowed to be a cold-hearted acquirer.”




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Ellison's defining moment

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In the Apple vs rumor sites case, the press has built it up as a question of whether or not bloggers deserve the same protections as journalists (which many have extended to mean "are bloggers journalists?" -- which is a silly question, when you think about it). However, in the decision concerning subpoenas, the judge clear ly avoided the issue for a good reason. It really had little to do with the case at hand. Instead, the question is what's the definition of a trade secret? The judge made it clear that if this was a trade secret violation, then any journalist would be just as guilty -- since this isn't so much about "whistle-blowing" as it is about revealing product data before it was to officially be released. Of course, that complicates matters. What if the process of whistle blowing also involves revealing trade secrets? In most cases, it does. It seems like, for now, the test being used is whether or not it's a public safety or health issue, in which case it becomes protected whistle-blowing. If it's just product data, then it might not be protected.

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PeopleSoft CEO: Ellison's jealous 06/22/2004 02:07 PM
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Jason Schultz, my cow-orker at EFF, has written a lucid legal analysis about the latest turn in Harlan Ellison's ongoing suit against AOL/Time-Warner, in which he asserts that AOL should actively police its newsfeeds and restrict access to feeds that carry infringing materials, and be on the hook if they are insufficently diligent in their restriction of access to information.
The e-mail standard doesn't trouble me as much, but the phone call one certainly does. Just because one person (who isn't even the copyright owner) calls your company on the phone to complain about something on your servers generally shouldn't, in my mind, trigger "knowledge" liabiliity generally. Perhaps the caller specifically mentioned Ellsion, but the opinion isn't clear about that.
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tins ::: Rick Klau's weblog
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Clearly, different people have different definitions for invasion of privacy.

Comment - TrackBack

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