Molari Law Insights
Massachusetts Legal Developments Blog
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Woman’s Death in Sober Living Facility Allegedly at Hands of Ex Prompts Closer Look at Drug and Alcohol-Free Housing
An allegedly abusive relationship came to a tragic turning point this week, culminating in death and criminal charges under Massachusetts law, when 33-year-old Melissa Hardy was found lifeless in her ex-boyfriend’s home. According to The Boston Herald , Ms.…
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Suit Tests Limits of Copyright Fair Use as Applied to Online Listicles
One of the protections copyright law affords to a work’s copyright holder is the ability to exclude others from using the work. Under the Copyright Act, a “derivative work” is one that is basically derived from the original work—these types of works are…
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Shoe Bomber Richard Reid Sentenced to Life, Plus 80 Years, Plus 5 Years Supervised Release
The following is the transcript of Judge Young's statements to shoe bomber Richard Reid , when sentencing him to life in prison plus eighty years (with five years supervised release after that). It is worth reading. Ruling by Judge William Young, US District…
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BitTorrent Copyright Infringement Suit Securing Verdict Changes BitTorrent Suit Trends
Whether you are an adamant opponent of Internet Trolling, or a copyright holder trying to protect your work, a case tried earlier this month in Pennsylvania may change the climate of bittorrent copyright lawsuits altogether, shifting the online infringing…
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Commission on Theft of American Intellectual Property Proposes Malware Plan for Combating Copyright Infringement
Many computer users are haunted by the idea that they may be violating copyright laws . Not everyone on the web is tech-savvy, and numerous programs make downloading possibly illegal content easier than ever. Couple the ease and accessibility of illegal…
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"Will This Go On My Record?" Understanding CORI Access
I am frequently faced with clients trying their best to understand the potential consequences of a criminal charge, and what the outcome might mean for their future. For such people, the question will often arise -- "is this going to show up on my…
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Plaintiffs Seeking Class Certification in YouTube Copyright Suit Dealt Major Blow by Court
A ruling from the United States District Court for the Southern District of New York affirms at least one Judge’s view that class action status is not appropriate for plaintiffs in copyright infringement suits. Ars Technica reports that Judge Louis Stanton…
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Porn-Trolling Empire’s Fortune may have Run Out as Court gets Wise to Lawyers’ Copyright Infringement Scheme
A group of so-called Internet “porn-trolling” attorneys received a bit of a shakedown last week in The United States District Court for the Central District of California. According to District Court Judge Otis T. Wright’s Order Issuing Sanctions , the…
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Search and Seizure in the Digital Era: Warrantless Searches for Electronic Communication?
Unlike some other countries, the United States does not subscribe to the proposition that the government is entitled to intercept all of the communications of the American people. The government’s ability to use information obtained under certain…
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Supreme Court Holds Warrant Required for DUI/OUI Blood Draw
In Missouri v. McNeely , decided on April 17th, 2013, the Supreme Court held that the police cannot force someone to give a sample of their blood during the investigation of a DUI/OUI operaing under the influence case without attempting to get a warrant, or…
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Faint Odors and Social Sharing: Recent Developments in Massachusetts’ Marijuana Laws regarding Search and Seizure and Criminal Distribution
In recent years, Massachusetts voters have called for significant change in Massachusetts’ drug offense law. For example, in January 2009, a voter approved referendum to decriminalize the possession of one ounce or less of marijuana went into effect in…
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Massachusetts to Strengthen Gun Control Laws in the Wake of the Sandy Hook Tragedy?
Earlier this month, neighboring state Connecticut passed landmark legislation strengthening its firearms laws in response to the devastating shooting that took place at Sandy Hook Elementary School last year. According to the New York Post , the legislation…
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Breaking Glass Pictures v. Swarm Sharing Hash File
Looks like someone has not been paying attention. Just as the last of the remaining Massachusetts bittorrent cases are in the process of being severed and dismissed, Alexandra Capachietti has filed three new cases against a total of 84 individual John Does.…
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Massachusetts Courts Stand Up To Trolls
The last few weeks have seen a huge change in the trajectory of copyright trolling cases in Massachusetts. First, Judge Sorkin issued an order quashing the subpoenas issued in a Discount Videos case filed by Marvin Cable. Then, Judge Young seemingly reversed…
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Judge Searns Orders Plaintiffs to Explain Joinder
On Septebmer 21st, New Sensations v. Does 1-201, 12-cv-11720 , a judge in the District of Massachusetts has ordered the plaintiffs in these peer-to-peer cases to show cause why all the does should not be severed. What makes this remarkable is that Judge…
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SBO Pictures, Inc. v. Does 1 - 46, 12-cv-11723
Case Title: SBO Pictures, Inc. v. Does 1 - 46 Docket Number: 12-cv-11723 Court: Massachusetts District Court, Boston Plaintiff's Attorney: Marvin Cable Complaint: 12-cv-11723 - Complaint Complaint Attachments: Exhibit A , Exhibit B , Exhibit C Content Title:…
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New Sensations, Inc. v. Does 1 - 201, 12-cv-11720
Case Title: New Sensations, Inc. v. Does 1 - 201 Docket Number: 12-cv-11720 Court: Massachusetts District Court, Boston Plaintiff's Attorney: Marvin Cable Complaint: 12-cv-11720 - Complaint Complaint Attachments: Exhibit A , Exhibit B , Exhibit C Content…
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New Sensations, Inc. v. Does 1 - 175, 12-cv-11721
Case Title: New Sensations, Inc. v. Does 1 - 175 Docket Number: 12cv11721 Court: Massachusetts District Court, Boston Plaintiff's Attorney: Marvin Cable Complaint: 12-cv-11721 - Complaint Complaint Attachments: Exhibit A , Exhibit B , Exhibit C Content Title:…
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Media Products, Inc. v. Does 1 - 175, 12-cv-11722
Case Title: Media Products, Inc. v. Does 1 - 175 Docket Number: 12-cv-11722 Court: Massachusetts District Court, Boston Plaintiff's Attorney: Marvin Cable Complaint: 12-cv-11722 - Complaint Complaint Attachments: Exhibit A , Exhibit B , Exhibit C Content…
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Exquisite Multimedia, Inc. v. Does 1 - 46 1:12-cv-11724
Case Title: Exquisite Multimedia, Inc. v. Does 1 - 46 Docket Number: 1:12-cv-11724 Court: Massachusetts District Court, Boston Plaintiff's Attorney: Marvin Cable Complaint: 12-cv-11724 - Complaint Complaint Attachments: Exhibit A , Exhibit B , Exhibit C…