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Legal news from Monday, May 7, 2012




Federal jury reaches impasse in Google-Oracle dispute
Jaclyn Belczyk on May 7, 2012 3:36 PM ET

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[JURIST] A jury in the US District Court for the Northern District of California [official website] failed to reach a conclusion Monday in a copyright dispute between Oracle and Google [corporate websites]. Oracle has alleged that Google's use of Java in its Android OS violates Oracle's patents and copyrights, seeking up to $1 billion in damages. While the jury did find for Oracle in a partial verdict, they remained deadlocked [AP report] on the issue of whether Google's use could be considered "fair use," making it difficult for Oracle to win a large damage award. Google is moving for a mistrial. The trial will now move to a second phase in which the same jury will consider other patent claims.

The case went to trial [JURIST report] last month after settlement negotiations broke down. In addition to defending against patent claims, Google has also been under fire recently regarding its new privacy policy [JURIST news archive], which came into effect in March. EU data authorities are concerned [JURIST report] about the sharing and combination of personal data across services and its compliance with European data protection legislation.




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Iraq court dismisses charges against former US detainee
Rebecca DiLeonardo on May 7, 2012 3:16 PM ET

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[JURIST] Ali Mussa Daqduq, a former detainee of the US with ties to Hezbollah [JURIST news archive], was cleared of all charges in an Iraqi court, his lawyer said [Reuters report] Monday. The US handed Daqduq over to Iraqi authorities [JURIST report] in December as part of the end of the Iraq War [JURIST backgrounder]. US President Barack Obama considered trying Daqduq on US soil [JURIST report] but was unable to come to an agreement with Iraqi officials. Since no decision could be reached, Duqdaq had to be transferred to Iraq officials pursuant to the 2008 status-of-forces agreement between the US and Baghdad. Many politicians expressed concern at the time of his transfer that Iraqi courts would not be able to convict Duqdaq. The US government did not immediately respond the dismissal of charges.

The US was reluctant to turn over Daqduq to Iraqi authorities. In December, a group of US politicians wrote a letter [JURIST report] opposing the transfer of Daqduq into Iraqi custody due to security concerns. In September, anonymous officials reported that the Obama administration was considering trying Daqduq in a military commission. The administration was reportedly considering this move because they believed that the best place to try Daqduq was at a US military base. Daqduq was captured in Iraq in 2007. He was accused of planning a raid in Karbala, Iraq in 2007 which resulted in the deaths of five US soldiers [NYT report].




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Israel Supreme Court declines to free Palestinian prisoners on hunger strike
Rebecca DiLeonardo on May 7, 2012 1:56 PM ET

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[JURIST] The Israeli Supreme Court [official website] on Monday ruled against two Palestinian prisoners in their appeal seeking release from detention. Thaer Halahla and Bilal Diab have been placed in administrative detention, a legal method of incarcerating potentially dangerous individuals indefinitely without a trial. The two men, along with over 1,500 other Palestinian detainees in Israel have been refusing food [Reuters report] to protest their detention without trial. In its decision, the court determined [AFP report] that such policies were necessary to combat terrorism in Israel, but suggested the authorities should consider releasing the two prisoners for health reasons. Last month, Israel released hunger strike detainee Khader Adnan because of his deteriorating health.

Israel has recently faced criticism for the country's policy toward Palestinians. The Israeli Supreme Court announced [JURIST report] in February that it would hear the hunger strike case Adnan, despite a military judge rejecting his appeal in early February. Adnan was released from detention in April. In early February, Human Rights Watch (HRW) [advocacy website] urged Israel to change its policies [JURIST report] that forbid Palestinians from traveling through and living in Gaza and the West Bank. The Israeli Supreme Court upheld [JURIST report] a law that prevents Palestinians who marry Israelis from obtaining Israeli citizenship. With its ruling the court again rejected the petition filed by Adalah [advocacy website], a civil rights group in Israel, arguing that the law is unconstitutional.




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Bahrain authorities arrest prominent human rights activist
Jennie Ryan on May 7, 2012 11:10 AM ET

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[JURIST] Bahraini authorities on Monday arrested [BCHR press release] prominent human rights activist Nabeel Rajab, according to the country's Interior Ministry [official website, in Arabic]. According to his lawyer, Rajab was arrested for messages he posted on Twitter [website] criticizing the Interior Ministry. Rajab is the president of the Bahrain Center for Human Rights (BCHR) [advocacy website], a group that has been critical of the Bahraini regime's response to protests and demonstrations in Bahrain [BBC backgrounder] which have been ongoing since February 2011 [JURIST report]. Following Rajab's arrest, the BCHR expressed concern that "[t]he authorities in Bahrain have used many methods in attempting to prevent and/or limit human rights defenders in Bahrain from carrying out their work of documenting and reporting on human rights violations in the country." Rajab was charged with insulting a statutory body [AFP report] and will be detained for seven days.

Rajab was arrested [JURIST report] last month just before a planned demonstration against the imprisonment of a prominent rights activist, Abdulhadi Al-Khawaja, and charged with participation in illegal gatherings. In March Amnesty International (AI) [advocay website] urged [JURIST report] the Bahraini government to release Al-Khawaja, who had at that time been on a hunger strike in protest of his charges for 50 days. That same month the UN expressed concern [JURIST report] over the escalation of the government crackdowns on protesters. In addition to open violence against activists, Human Rights Watch (HRW) [advocacy website] released a report in March claiming protesters are being convicted in unfair trials [JURIST report]. All of this comes after the government announced constitutional reforms [JURIST report] in January that were rejected by opposition groups.




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HRW urges Libya to revoke anti-propaganda law
Jennie Ryan on May 7, 2012 10:35 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Monday urged [press release] the Libyan National Transitional Council (NTC) [official website] to immediately revoke a new law that criminalizes criticism of the Libya conflict [JURIST backgrounder] and prohibits glorification of former leader Muammar Gaddafi [BBC obituary; JURIST news archive]. The law prohibits speech that is detrimental to the "military efforts to defend the country, terrorizes people, or weakens the morale of citizens" and will allow for charges for "insults [to] Islam, or the prestige of the state or its institutions or judiciary, and every person who publicly insults the Libyan people, slogan or flag." Those convicted under the new law could face life in prison. According to HRW, the new law violates international human rights laws as well as the country's own provisional constitution guaranteeing free speech. The advocacy group called for governments supporting the NTC to condemn the law [AP report] as an unlawful restriction on the right to free speech. HRW, along with a group of Libyan human rights lawyers, plan to challenge the constitutionality of the law in the county's highest court.

Libya has been subject to allegations of human rights and war crimes violations since last year's revolution. Last month UN Secretary-General Ban Ki-Moon [official profile] urged Libyan officials to investigate the allegations of human rights abuse [JURIST report] in the country during the uprising against Gaddafi. In February Amnesty International (AI) [advocacy website] accused the ruling NTC of allowing the abuse and torture [JURIST report] of supporters of the former leader by unofficial militias. In January UN High Commissioner for Human Rights Navi Pillay [official website] addressed the UN Security Council [official website] expressing concern over alleged current human rights violations [JURIST report] in Libya. Earlier that month Middle East rights groups alleged human rights violations [JURIST report] and that all parties involved, including NATO, committed acts ranging from use of excessive force against protesters to cruel and inhuman treatment of prisoners during detention. In September, the NTC vowed to investigate allegations of human rights abuses after AI published a report alleging that both sides of the Libya conflict are responsible [JURIST report] for human rights abuses and warning the NTC to act quickly to investigate these allegations.




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