Author: Admin

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.

Thursday, February 13, 2014

Wikinews has obtained a letter by Scottish Justice Secretary Kenny MacAskill to former Conservative justice spokesman John Lamont in response to questions raised by our correspondent about the Mikaeel Kular murder case. Wikinews has investigated possible contempt by media publishing potentially prejudicial material, and MacAskill wrote he has “been following the case of Mikaeel Kular and [is] acutely aware of the unusual publicity this case has attracted.”

When Mikaeel Kular, three, vanished from his Edinburgh home last month police and volunteers scoured the capital for him. His body was found in Fife just before midnight on January 17, and his mother was arrested on January 18. That’s when Wikinews first reported on possible widespread contempt by UK and Scottish media.

Our correspondent is based in Scotland and has been advised by a lawyer not to identify anybody detained until they have appeared in court, even if they have been arrested and charged. Professor James Chalmers of the University of Glasgow has since reviewed our coverage and confirmed this position. Despite that a large number of major media outlets identified Rosdeep Adekoya, nee Kular, 33, as the arrested individual.

Adekoya has since been in Edinburgh Sheriff Court charged with murdering her son. She is in custody pending indictment and trial, but any eyewitness evidence may be tainted because her image has been widely published. This is common practice elsewhere in the UK but Scottish justice works differently and courts have viewed publication of photos as potentially prejudicial. Professor Pamela Ferguson of the University of Dundee notes “journalists do seem to be walking a dangerous line if publishing photos etc of suspects.” Crown Office, which is in overall charge of prosecutions, has indicated to journalists that no further comment will be made at least until indictment.

MacAskill however expressed confidence in the Scottish court system to deal with the situation. “I am confident… the courts themselves will intervene if they believe publicity is in danger of being prejudicial.” He also wrote to Lamont that he has faith in the court to successfully direct any jury that may try the case in order to maintain fairness.

The Contempt of Court Act 1981 is designed to prevent prejudicial material going in front of juries before trial. Although UK-wide legislation, the law is interpreted differently north of the border than in England and Wales. Witnesses in Scotland may be asked to identify accused persons standing in the dock. The BBC College of Journalism advises legal advice be sought ahead of publishing photos and notes it has previously been ruled contempt. The BBC used the accused’s photo prominently in their own online coverage.

Chalmers explains: “It may be a contempt of court to create a substantial risk of serious prejudice to someone’s right to a fair trial. A photograph might do this in a case where identification is an issue; on the face of it, that does not seem especially likely in this case, but it is impossible to know for certain at this point. The courts have said that the only safe route to avoid committing a contempt is to avoid publishing a photograph, but that does not mean that publishing a photograph is automatically a contempt.” MacAskill noted “the kind of issue that publicity might raise may become apparent only during the trial itself.”

Contempt has been a considerable issue in the UK in recent years after high-profile cases. In one instance a charge against serial killer Levi Bellfield was dropped owing to publicity while the jury were deliberating; in another, newspapers were fined and sued for libel over reporting on the arrest of a suspect who turned out to be innocent in a prominent investigation.

A proposal was mooted to ban identification of suspects arrested anywhere in the UK, but this was subsequently shelved. MacAskill confirmed “the Scottish Government is content with the way the courts are operating the rules on contempt of court in Scotland at the moment and has no plans to make changes.” He also wrote of the difficulties with trying to individually cover all eventualities with prescriptive legislation, saying “A trial for a sexual offence will raise very different issues — particularly of protecting victims — from those that are raised by a tax fraud trial.”

MacAskill says it is the Scottish Government’s position that the task of “counterbalancing the public interest in reporting with upholding the criminal law should be left to those whose job it is to do so — the courts and the judiciary, acting in the individual circumstances of the case”.

[edit]

Tuesday, September 22, 2009

A report from the new US and NATO commander in Afghanistan says there is an urgent need for more foreign troops and civilians, more Afghan forces and a new strategic approach to reverse Taliban gains.

File:General Stanley A McChrystal 01.jpg

The assessment by US Army General Stanley McChrystal is still officially secret, but the Washington Post published an unclassified version on Monday, which it says has only a few deletions requested by the government.

In the document, the general, who arrived in Afghanistan in June, says “success is not ensured by additional forces alone, but continued under-resourcing will likely cause failure.”

He writes that the US and NATO effort has long been “under-resourced,” and that must change within 12 months or the coalition “risks an outcome where defeating the insurgency is no longer possible.” He says a lack of even the “minimum” resources is “a recipe for failure” in a counterinsurgency,” and the Taliban and related groups have made significant gains in recent years as a result.

The report says that “failure to gain the initiative and reverse insurgent momentum in the near-term [next year] — while Afghan security capacity matures — risks an outcome where defeating the insurgency is no longer possible.”

General McChrystal says while the Afghan government and military “must ultimately defeat the insurgency,” the coalition can not wait for the Afghans to be capable enough to do the job alone.

Although the Washington Post published most of the document on its website, Pentagon Spokesman Bryan Whitman declined to discuss its details, calling it “pre-decisional” and “classified.”

“The national security team, to include the commander-in-chief, have it. They are reviewing it. They will use it to help them make decisions about the future. The secretary [of Defense] is absorbing the assessment along with the president. If there are decisions that flow from that, they will make them at the appropriate time,” the spokesman said.

Whitman would not say when McChrystal will make his expected detailed request for more troops, or when a decision might be made.

On the president’s aircraft Monday, White House Press Secretary Robert Gibbs told reporters that while the general may want more troops, he does not expect a formal request for a little while. “We are going to conduct that strategic assessment and do that in a way that lays out the best path forward before we make resource decisions, rather than having this go the other way around where one makes resources decisions and then finds a strategy,” Gibbs said.

Gibbs said any decision on troop levels will wait until the conclusion of a broader assessment of the way forward in Afghanistan, of which he indicated McChrystal’s document is only one part.

Last week, US Defense Secretary Robert Gates appealed for patience, saying these are extremely important decisions, and the president should be given the time to get them right. The secretary indicated he, the president and other senior officials have sent questions to McChrystal about his assessment, and are awaiting his answers.

In the document, the general was critical of NATO forces, saying that they are “poorly configured” to fight an insurgency. He says if NATO countries continue to be “pre-occupied” with protecting their forces rather than protecting the people and accomplishing the mission, they “run the risk of strategic defeat.” He said the coalition must operate “dramatically differently — even uncomfortably differently.”

He also repeated some of his earlier calls for more civilian help and a new approach by his troops that makes the security of the Afghan people their top priority. He said the coalition is in a “war of ideas,” in which he says it must demonstrate its commitment and its ability to deliver security without causing undue civilian casualties.

In an interview with Voice of America, Afghanistan Ambassador to the United Nations Zahir Tanin endorsed General McChrystal’s sense of urgency, and his view that while a comprehensive approach is needed, security comes first. “From a military point of view, I think without enough resources, without the ability to stop the Taliban’s advances, it would be very difficult to make any progress in other areas, including political progress in Afghanistan,” Tanin said.

Ambassador Tanin said McChrystal is in the best position to assess the security needs and if there is a need for more forces, the Afghan government must support such a request.

He also rejected concerns expressed by some, including Secretary Gates, that sending more foreign troops could alienate the Afghan people. The ambassador says the key for Afghans is not how many foreign troops there are or what strategy they implement, but whether they deliver security and defeat the insurgents.

In the report, McChrystal concluded that “while the situation is serious, success is still achievable.” But he said the effort needs “a fundamentally new approach” that is “properly resourced and supported” throughout the coalition and across military and civilian agencies.

Tuesday, June 27, 2006

Australian Minister for Vocational Education and Training, Gary Hardgrave has announced the government will provide AU$15.8 million to establish an Australian Technical College in North Adelaide. The minister said the government was entering into a partnership with the Archdiocese of Adelaide and consortium of industrial and manufacturing companies.

The North Adelaide college will be located in Elizabeth and be operated as an independent non-government school. The college is one of 25 to be established across the country.

Enrolments at the college will begin in 2007 and will offer courses in areas where identified skills shortages exist in the North Adelaide region, specifically – engineering, construction, electronics and cooking.

Mr Hardgrave said that the proposed college had been popular among the North Adelaide business community. “This important initiative has been well received by North Adelaide business and industry, and will help to address skills needs and provide opportunities for those in greatest need, including a lot of Indigenous students in the region,” Mr Hardgrave said.

“The fact that this College is being led by local employers, local government and other key stakeholders, means it will be truly industry and community driven,” he said.

Australian Technical Colleges were established to cater for year 11 and 12 students who wish to do an apprenticeship as part of their school education.

The Australian Education Union has expressed a number of concerns about the model put forward by the government. In a report, they claim that trade facilities at TAFE colleges (operated by state governments) will deteriorate as funding is diverted to the ATCs. The union is also concerned that ATCs are supposed to be selective VET schools. According to the union they will have selective entry and preferential funding. It is feared that teachers will be lured away from schools and TAFE colleges to higher paid positions in ATCs.

The Education Union suggested that the government invest in schools that already offer vocational education programs.

Thursday, April 2, 2009

Local media reported on Tuesday that a gold mine collapsed in northwestern Tanzania on Sunday, killing at least twenty people. According to reports, the incident occurred at Geita region when the 100-metre-deep shaft the miners were working in collapsed after being flooded by heavy seasonal rains. Some media reports say that thirty people might have been killed by the accident.

“I know there is no hope of finding anybody alive,” said Kelega Chacha, a miner who left the site soon before the mine’s collapse. “We will just have to look for the bodies to give them a decent burial.”

A local newspaper, The African, quoted Donald Mremi, the Geita District Mines Officer, as saying that rescue efforts were hampered due to poor equipment. The African also reported that a dozen of the bodies of the victims have already been identified.

Tanzania is the third largest producer of gold in Africa. Much of its output is produced by international firms running large operations. Smaller-scale mines, however, can be quite dangerous, and frequently lack proper safety equipment. Over 45 people were killed in a northern Tanzanian mine in 2008 after the mines they were working it were flooded. In another incident in 2002, a compressor used to provide miners inside the shafts broke down, causing those inside to suffocate.

Monday, November 26, 2007

In the 18 months since Andrea Muizelaar was crowned winner of the reality TV series Canada’s Next Top Model, her life has been a complete whirlwind. From working in a dollar store in her hometown of Whitby, Ontario, to modeling haute couture in Toronto, she had reached her dream of becoming a true Top Model.

But at what cost? Unknown to casual television viewers, Muizelaar had been enveloped in the eating disorder anorexia nervosa, which inevitably became too much for her to bear. She gave up modeling and moved back to Whitby, where she sought treatment for her disorder, re-entered college, and now works at a bank. Where is she now? Happy and healthy, she says.

Recently Andrea Muizelaar sat down with Wikinews reporter Mike Halterman in a candid interview that stretched to nearly two hours, as she told all about her hopes and aspirations, her battle with anorexia, and just what really happened on Canada’s Next Top Model.