"Everyday type" photographs, however, did not have to be deleted or destroyed, said the judges. In relation to photographs that showed the claimant in normal, everyday situations (i.e. not in the nude...) , the court could not see a personality right infringement arguing that the claimant's reputation would not be lowered in the view of third parties. However, things were different with regard to erotic photographs. All previously provided consent to the possession and use of such nude pictures /videos could be revoked because intimate photographs belonged to the core of the personality right ("intimate sphere") as protected by the German Constitution under Articles 1 (1) and 2 (1) . When balancing the claimant 's personality right with the defendant's property rights in the photographs , the the claimant's rights outweighed those of the defendant. Bearing in mind that the photos were of a private rather than a professional nature, i.e. not taken as part of the defendant's business, his professional freedom (also protected as a basic human right under the German constitution in Article 12) was not a adversely affected.

Read Complete Article »

Taktik jitu mengalahkan formasi 4-1-3-2 Top Eleven - Taktik ini identik dengan mode penyerangan melalui jangkar tengah sehingga lawan sangat sulit menembus tembok pertahanan lawan, Ada cara jitu mengalahkan formasi ini seperti yang akan saya ulas pada postingan kali ini.

Formasi 4-1-3-2 ini terdiri dari 4 bek belakang, 1 gelandang bertahan, 3 Gelandang serang dan 2 lagi Striker untuk penyerangan

Some quick thoughts before everybody heads out for Memorial Day weekend to whatever little slice of heaven (I remain here in the pestilential Capital, watching the frontier):

•  The American Spring folks who decidedly failed to overthrow ObamaHitler last Friday were good for a laugh, but I have to say I feel for them. Granted, when they're united in a reactionary electoral force to keep the country down, as they have been for decades, they're harder to sympathize with. But when I see them in small numbers howling on the Mall, unable to do America much damage and maybe even livening up some tourists' day, my resistance is reduced and I can see that they have genuine complaints. For example, they're pissed about the VA hospitals and a lot of other things that leaders who gave a shit about America might help fix. But they don't send that kind of people to Congress -- they send instead flim-flam men who make things worse, then tell them it was the dad-burned Gummint that made it bad because it can't do nothin' right nohow. And they tell them all would be well if the Kenyan Pretender and his socialist comrades were turned out of office, and encourage them to imagine themselves the heirs of the original Tea Party: Revolutionaries with the right and the means to overthrow. Fox News does its bit, announcing that "a group of self-described revolutionary-style patriots with a million mobilized militia members are heading to downtown Washington, D.C.," as if it were something other than a pathetic delusion. "A million" perhaps share the fantasy, but their suburban inertia will always keep them from exerting themselves to realize it, apart from hanging a confederate flag in the garage or yelling at the teevee -- only this ragtag band actually walked the walk, and they raged for the cameras, crying that they'd been betrayed, but not knowing, as I once observed of the Sarah Palin Army, that they were marked for betrayal all along.

•  I've been asking on Twitter but maybe you guys don't go in for microblogging, so: Can someone tell me what gives with the Right's recent hard-on for the Export-Import Bank? I've seen it on and off for years but in the past few months there's been a buttload of ecrasez-l'infame among the brethren  -- including this typically muddled Jonah Goldberg thumbsucker, which all but screams "did I get the talking points right, Mr. Koch? I added some of my signature farrrrrrRRRt."  My best guess is, 1.) Victory is easy  -- the authorization expires in September, and 2.) the major complaint about the Bank seems to be "crony capitalism" -- which is a major Obama-era propaganda theme among conservatives -- and deauthorizing the Bank is one of the few things they can do that (as they believe) will show the voters that they're not just tools of big business without getting their hands slapped by major donors. What do you think?

•  Conservative "reformers" like Ross Douthat with big plans to attract the masses to the GOP (remember the Party of Sam's Club? Good times!) have a hard row to hoe --  sensible people keep pointing out that Republicans crush the poor because they find the poor easy to crush, and even voters outside the reach of these sensible people are brought to the same conclusion by observation and common sense. In this blog post, Douthat acknowledges such observations "prove the case that the GOP includes a strong ideological tendency that cuts against what some of the reform-conservative essayists want to do." But -- I just love this -- "What they don’t prove, however, is that the current Republican Party could never be a vehicle for such a policy agenda." Don't stop believin'! For example, "The Democratic Party of the late 1970s and early 1980s stood rather firmly for all kinds of ideas (price controls, middle class tax increases) that the Democratic Party of the 1990s deliberately backed away from." In other words, the Democrats got more conservative, so Republicans should be able to get more -- not liberal, certainly, but conservative-with-an-explanation. Electoral gold! Interestingly, Douthat acknowledges that the "internal party debate... swung in [a] more Randian direction in 2009-2012," which leads one to wonder where Douthat thinks it's been swinging in 2013 and 2014. The Party of Rent-a-Center? Or of Singapore?

UPDATE.

•  "They had a dream," starts Noemie Emery at the Weekly Standard (interesting allusion, under the circumstances). "For almost a hundred years now, the famed academic-artistic-and-punditry industrial complex has dreamed of a government run by their kind of people (i.e., nature’s noblemen), whose intelligence, wit, and refined sensibilities would bring us a heaven on earth..." Obama is the first person like this to rule since, it would seem, John Quincy Adams (Emery is unclear on this point), and Obama made Obamacare which everyone hates, so the judgment of history is clear: "They wanted their chance, and they got it. They had it. They blew it. They’re done." Back to electing haberdashers and Nixons! Unfortunately the part where a disgusted electorate threw Obama out in 2012 is missing from the essay. Editing error?

Have you checked out the IPKat's Forthcoming Events page lately? There are some recent additions, several of which offer enticing prospects of registration fee discounts for readers of this weblog. In case you missed it, you can find it just here.


IPT Ball.  This Kat has alluded on occasion (here and here) to the Intellectual Property Trainees' Ball, which takes place on 19 July in the sumptuous surroundings of Rosewood. He has been reliably told by the organisers that tickets for this event -- which is not confined to IP trainees -- are continuing to sell like hot cakes.  The booking form is here.  Enjoy!


Around the weblogs.  The European Federation of Pharmaceutical Industries and Associations (EFPIA) now has its own blog, here. While EFPIA's interests obviously go further and wider than mere IP, it is reasonable to assume that pharma patents and other IP issues will get a reasonably frequent airing, so it's worth keeping an eye on.  Elsewhere, in "Picasso and Potato Chips", Mira T. Sundara Rajan regales 1709 Blog readers with the sad saga of art works that have a tendency to disintegrate when you try to move them and what this means for moral rights. Dave Berry, on PatLit, explains the fate of the latest attempt in the US to pass an anti-patent-troll law. The jiplp blog offers current intelligence notes by fellow Kat Eleonora and by Deborah Jackson respectively, soon to be published in print in JIPLP, on OSA (another European copyright sortie into hotel rooms) and laudatory foreign-language words as Australian trade marks. There has been some great stuff on Afro-IP too: Isaac Rutenberg tells the good news that utility model applications in Kenya are no longer subject to substantive examination, while Aurelia Schultz considers a discussion of the role of transparency in IP-flavoured trade treaties.


Dogged pursuit of royalty income?  "Adventures of Lupo! Author comes up with series of children's stories after she trademarks Kate's pet dog" is a Daily Mail story to touch the hearts of lovers of dogs, the British royal family and speculative business propositions based on IP.  Lupo is apparently the beloved pet dog of the Duke and Duchess of Cambridge and the eponymous hero of Aby King's The Adventures of Lupo the Royal Dog: The Secret of Windsor Castle, which will be published in September. Three further stories and a range of merchandise will follow. According to the article:

"Ironically given the new book deal, William and Kate’s spokesman at first refused to even confirm their new pet’s existence, saying it was a ‘private matter’ - even though the Queen and other dog-loving members of the royal family happily release details of their animals on the royal website. ‘We don’t want to breach our own privacy,’ an aide said. There was then another month-long stand-off after royal aides also declined to reveal the puppy’s name. It eventually emerged after a seven-year-old boy simply asked the Duchess when she visited a primary school in Oxfordshire. After being handed a toy dog by young Abubakr Hussain, Kate said she would name it after her own pet, Lupo, which means Lupo in Italian and is a derivative of the Latin word for the animal". 

On the business side, the series has been acquired in the UK by international giant Hodder Children’s Books, which also publishes the oeuvre of Enid Blyton.  Miss King is reported to have registered Lupo as a trade mark.  The IPKat marvels at how appropriate it is that someone who is actually a King is exploiting the name and image of the royal pet. Merpel took a quick online peep at the UK IPO's database of trade marks and applications: while in her haste she missed this one, she did note that the word LUPO is already registered for rat poison, among other things.


Via the venerable Kat-patted Chris Torrero comes news of yet another chippie in the legal spotlight (for Monte Carlo chips click here) -- and once again it is the Daily Mail that is proving to be an indispensable part of every intellectual property lawyer's must-read material.  An article reports that The Only Way is Fish chip shop, in Ongar (Essex, England), received a warning letter from  The Only Way is Essex ("Towie") producers Lime Pictures, which maintained that the shop had breached copyright [Ouch! Ouch! says IP purist Merpel. For one thing, one "infringes" copyright, not "breaches" it; for another, there's no copyright in a name, though there may be registered or unregistered trade mark rights] by using 'The Only Way is' in its name.  The fish shop owners have vowed to fight the warning, saying it is 'against human rights'.


CopyCamp change.  The forthcoming CopyCamp event, described on the 1709 Blog here, has changed its dates. Originally running from 23 to 24 October, it is now scheduled for 6 and 7 November.  You can check out the details for yourself here.  This Kat, when writing about CopyCamp on the 1709 Blog, noted "the commitment to discussion which is "multi-sided, balanced and unrestrained" and wondered how easily these criteria would be fulfilled -- especially if the pro-copyright side in the great debate were unrepresented or under-represented". He has since received an email from the organisers which emphasises their commitment to making sure that all sides of the debate are properly represented, and he thanks them for taking the trouble to spell this out.