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Wednesday, February 2, 2005

Eben Moglen, Columbia University Law Professor, will head the newSoftware Freedom Law Center (SFLC). An initial 4 million dollars has been provided by Open Source Development Labs (OSDL) to fund the project.

The law center will provide free legal service for open source projects and developers. In 2004 OSDL established a separate $10 million Linux Legal Defense Fund providing legal support for Linus Torvalds, Linux kernel creator and end user companies subjected to Linux-related litigation by the SCO Group. The new law center will not be affiliated with the OSDL.

“This is about taking care of the goose that laid the golden egg and not letting wolves come in the middle of the night and steal it away,” Moglen said during a press conference. “This is a legal firm not involved so much in litigating and defending as it will be for counseling and advising and nurturing non-profits and to prevent millions of dollars in litigation.”

Moglen will serve as chairman and director-counsel of the non-profit organization. Also on board as directors are: Lawrence Lessig, law professor at Stanford Law School; Daniel Weitzner, director of the World Wide Web Consortium‘s technology and society activities; and Diane Peters, general counsel at the OSDL. Daniel Ravicher, executive director of the Public Patent Foundation, will help manage as legal director.

Moglen, one of the world.s leading experts on copyright law as applied to software, will run the new Law Center from its headquarters in New York City. The Law Center will initially have two full-time intellectual property attorneys on staff and expects to expand to four attorneys later this year. Initial clients for the Law Center include the Free Software Foundation and the Samba Project.

Other services provided by the SFLC include: asset stewardship, to avoid intellectual property claim conflict; license review and compatibility analysis; legal consulting and lawyer training.

Saturday, December 13, 2008

Taiwan’s former President, Chen Shui-bian (???), has been conditionally released on bail, some ten hours after he was indicted for corruption. Speaking to media at the Taipei District Court, he said: “I want to thank my lawyers, members of the Democratic Progressive Party and my supporters who have given me huge encouragement. I am grateful to those who cared for, supported and looked after me so I could get through the hardest and loneliest 32 days of my life in prison.” He earns the historical distinction of being the first ex-president of the Republic of China to be indicted for criminal offenses and could suffer life imprisonment if convicted.

Along with 13 other family members and close associates, including his wheelchair-bound wife, son Chen Chih-Chung, and daughter-in-law Huang Jui-ching, Chen was indicted Friday on charges of embezzling government funds and laundering money or ill-gotten bribes. The panel of three judges ruled he should appear at future court hearings and must not leave the country nor change his address.

Prosecutor Lin Che-hui accused Chen of having “embezzled 104 million New Taiwan dollars ($3.12 million) from a special presidential fund, and received bribes of $11.73 million in connection with a government land procurement deal and a separate construction project; the damning piece of evidence was the presence of NT$740 million ($22.2 million) in cash stashed in a Taipei bank safety vault held by the Chens.” Yuanta Securities director Tu Li-ping said, “she hand delivered NT$200 million ($6 million) in cash to Wu at the presidential residence in 2006 on behalf of executives of an affiliated bank; the money was an incentive for Wu not to interfere with a merger the bank was pursuing.”

Chen insists on his innocence. Contradicting the 100-page indictment, he said that “the $21 million his wife wired to their son’s Swiss bank accounts came from leftover campaign donations. Taiwanese law permits such donations to be kept by political candidates.”

In 1975, Chen married Wu Shu-chen (???), the daughter of a physician. The couple has a daughter, Chen Hsing-yu (???), who is a dentist; and a son, Chen Chih-Chung (???), who, having received a law degree in Taiwan, studied at and graduated with a M.A. degree from the University of California in 2005.

In November 2006, Chen’s wife Wu Shu-chen and three other high ranking officials of the Presidential Office were indicted for corruption, charged with misappropriating NT$14.8 million (USD$450,000) of government funds using falsified documents. Due to the protection from the Constitution against prosecution of the sitting president, Chen could not be prosecuted until he left office, and he was not indicted, but was alleged to be an accomplice on his wife’s indictment.

Chen’s term as President of the Republic of China ended in May 2008. Immediately thereafter, prosecutors began investigating him regarding allegations that he misused his discretionary “state affairs fund”, as well as his connection to the first family’s money-laundering activities. He resigned from the Democratic Progressive Party on August 15, 2008, one day after admitting to falsifying past campaign expenses and wiring campaign contributions to overseas accounts.

In November 2008, Chen was escorted by a security staff, into the Taipei prosecutor’s office for questioning. After 6 hours, he left the Supreme Court prosecutor`s office in handcuffs, was arrested and detained. The charges each carry a minimum penalty of 5 years imprisonment. Following a 6 day hunger strike while in detention, Chen collapsed and was rushed to Taipei’s Far Eastern Memorial Hospital, where he was later transferred to Panchiao Hospital for force-feeding. Despite Chen’s lack of interest in appealing, his lawyer Cheng Wen-long completed a motion seeking his release from detention and filed a notice of appeal of the court’s decision, along with a petition for constitutional interpretation to restrain actions violative of the Constitution.

Prosecutor General, Chen Tsung-ming said that after Chen’s case had been removed to the Taipei Local Court, he would re-file a petition for Chen’s detention. Chen and the main opposition DPP have accused President Ma Ying-jeou‘s administration of “using the scandals to plan a political plot against the former leader.”

Meanwhile, The Straits Times reported that “prosecutors are to investigate former President of the Republic of China and Chairman of the Kuomintang from 1988 to 2000, Lee Teng-hui on suspicion of money laundering, based on allegations made by Chen during his own questioning recently that his predecessor transferred large funds abroad through dummy accounts.” Mr. Lee angrily denied the accusations concerning “a suspected transfer of 50 million Taiwan dollars (US$2.26 million) to Mr Lee from a local stock investor via overseas dummy accounts.” Charges also included transactions made at the end of Lee’s tenure and at the beginning of Chen’s term, including “one billion Taiwan dollars that had been wired to various countries including Singapore.”

The China Post calls for calm and urges fair trial for Chen. “All the people should wait patiently for the outcome of the trial … They shouldn’t do anything to influence the judges in any way, because the rule of law in Taiwan is at stake. We should show the world that Taiwan is a democracy where anybody who commits a crime, be he a man on the street or a former president, is duly punished.” it said.

Sunday, November 5, 2006

November 5, is Guy Fawkes Night. On this day, 401 years ago there was an attempt to blow up the British parliament.

Since that time, Guy Fawkes day is celebrated by bonfires, fireworks and the parading of effigies called “guys”.

The event is not only celebrated in the United Kingdom, but other Commonwealth countries including New Zealand, South Africa, Newfoundland, Bahamas, Saint Kitts and formerly Australia.

Britons celebrate a national day of thanksgiving that the Gunpowder plot did not destroy their king and parliament. But as tradition goes, the oppression that Roman Catholics felt was always de-emphasised.

This year sees rising opposition to the traditional fireworks and bonfires celebrations. A smog warning has been issued for London on the 5th and British Labour MP Barry Sheerman called for the event to be scrapped.

Monday, August 27, 2007

The number of horses confirmed to be infected with Equine Influenza in Australia has risen to 47, all in the state of New South Wales. So far none of those confirmed infected have been thoroughbred race horses.

The NSW government has confirmed infections at the federal government’s quarantine facility at Eastern Creek and Centennial Park in Sydney; at Cattai and Wilberforce in North-Western Sydney; and in Moonbi, Parkes, Berry and Wyong in regional NSW.

It is also feared that the outbreak may have spread to Warwick in Queensland where three horses from NSW showed flu-like symptoms during an equestrian event. Initial samples were tested in a laboratory in Brisbane revealing the three animals had been carrying the flu. Further testing will be conducted on samples from the horses in Victoria, although results are not expected until later this week. All 300 horses at the event have been quarantined.

There are also three suspected cases of the virus infecting thoroughbreds at Randwich racecourse in Sydney, if the horses test positive to the flu they will be the first thoroughbreds to be infected with the virus.

The Federal Agriculture Minister, Peter McGauran told ABC Radio this morning that while the source of the outbreak was not known, it is likely that the outbreak may have been caused by an equestrian event held in Maitland on the 18th and 19th of August.

“Everyone’s been assuming it was the Centennial Park horses that travelled and infected horses in different parts of regional NSW,” he said.

“It would appear at this stage that almost all, if not every horse affected has passed through a Maitland horse event on the weekend of the 18th and 19th, or come in contact with a Maitland horse.”

Agriculture Minister of NSW, Ian Macdonald told reporters “It’s early days yet, but a number of horses that attended an event at the property on that weekend are showing clinical signs of equine influenza”.

“The NSW Chief Vet, Bruce Christie, has advised me that we need to locate and examine every single horse that entered and left the property.”

At this stage it appears the Australia wide ban on horse movements which expires on Wednesday may have to be extended, at least in NSW and Queensland.

Sunday, August 6, 2006

A man who fell ill after participating in a drug trial at Northwick Park Hospital in north-west London earlier this year has revealed he has the early signs of an “aggressive” form of cancer.

David Oakley was one of six men who volunteered to take part in a trial of a drug intended to cure conditions like rheumatoid arthritis and leukemia in March. But after taking the drug, the thirty-five year-old suffered multiple organ failure and prominent inflammation.

Mr Oakley, who lives in west London, told today’s Mail on Sunday that doctors have informed him he has “definite early signs” of lymph cancer. He also fears he could develop other debilitating illnesses like rheumatoid arthritis, multiple sclerosis, chronic fatigue syndrome and lupus. He will now undergo tests to see what treatments will be required. “It’s very frightening,” he told the newspaper. “I’m trying not to be too down about the thought of having chemotherapy or that I might die.”

Mr Oakley was paid £2,000 for his involvement in the trial, and that money subsidised his marriage to wife Katrina in June. He now fears their hope of having children has been jeopardised as a result of his ill health. “Katrina and I had planned to start trying for children six months after getting married, but we can’t do that now. Everything is on hold.”

There is nothing to suggest that Mr Oakley’s cancer was triggered by the experiment. He is now seeking compensation from Parexel, the company which organised the drug trial. “Really, I’m just trying to do my bit and pointing out their mistake. If someone doesn’t point it out it could happen again and there’s no way I would like to see someone else go through what we’re going through right now.” Earlier this year, six men had to be admitted to an intensive care unit at the same hospital, in another Parexel drug trial which caused much upset.

Wednesday, October 4, 2006

The US Army Corps of Engineers decision to place restrictions on issuance of nationwide pollution permits has been upheld by a federal court. In National Association of Home Builders v. Army Corps of Engineers, the District Court for the District of Columbia found that the Corps of Engineers had not acted in an “arbitrary” or “capricious” manner in changing the terms and conditions for issuance of a national pollution permit, including reducing the size of area into which pollutants may be discharged from 10 acres to 1 acre, raising the threshold for requiring additional permits from 1 acre to 1/10 acre,

A nationwide permit allows an organization to engage in certain industrial activities on a national basis (such as mining and construction), reducing the amount of paperwork and filings needed for otherwise minor environmental impacts, as opposed to an ordinary permit for a specific location which will engage in activities which generate water pollution.

Due to concerns over the amount of discharge taking place in waterways, the Corps of Engineers began in the 1980s to reduce the authority granted by nationwide permits and to bar use of the permits in certain ecologically sensitive areas.

Some industry groups, including the plaintiff in the above case, The National Association of Home Builders, sued the Corps of Engineers in 2000 over the change in an attempt to block its implementation. Environmental groups, including the Sierra Club, were given permission to intervene in the case in support of the actions of the Corps.

Environmental groups were pleased with the decision, but are concerned over other actions of the Bush Administration, such as the attempts to weaken provisions of the 2002 Clean Water Act to allow additional dumping of construction and mining waste into waterways as fill material.

Wednesday, March 30, 2005A survey carried out by BBC Wales has revealed that the contents of a school meal in Wales cost on average just £0.49 per pupil. Average spending on meal ingredients varied slightly from council to council; with the Cardiff City council spending just £0.40 on each meal, whilst Powys council lavished £0.69 per pupil.

The survey follows a recent surge in media coverage of the eating habits of teenagers and children in the UK. Celebrity chef Jamie Oliver recently embarked on a campaign to improve food standards and raise awareness in schools. In response to his campaign the government has promised to spend an additional £280 million over three years on school food in England.

The survey covered twenty councils throughout Wales.