Sunday, March 25, 2012

Redpoint eVentures Avoids The ?Helicopter VC? Approach In Brazil, Announces New Investment

Redpoint eventures logoEarlier this month, Redpoint Ventures and BV Capital's eVentures announced the formation of a new, joint firm in Brazil ? called, somewhat predictably, Redpoint eVentures. Managing director Yann de Vries and founding partner Anderson Thees were in the Bay Area this week, so I had a quick talk with them about their plans. Brazil's startup ecosystem is taking off, but until now, Thees said VC firms have fallen into two camps. On the one hand, you have small, local firms, and on the other hand, you have "helicopter VCs" who have offices in Silicon Valley or elsewhere, and make their investments from afar. Redpoint eVentures, on the other hand, has the resources of an international firm, but Thees is also "Brazilian born and raised," and both he and de Vries are based out of Sao Paolo.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/fccnWjbx22o/

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Monday, March 19, 2012

Presumption of authorship: only natural persons | Kluwer Copyright ...

Estonian Supreme Court, 7 February 2012, Case No3-2-1-155-11,? Herlitz PBS AG vs. Realister O? (plaintiff in the prededing proceeding).

The Estonian Supreme Court found in its recent judgement in the Realister case that the presumption of authorship as laid down in the Sections 4(6) and 29(1) of the Estonian Copyright Act (hereinafter referred to as the CA) is only applicable in case the right holder relying on the presumption of authorship is a natural person, who has created the work, not a legal person who has obtained the economical rights under the law or a contract.

In this case the owner of the authors? economical rights is a legal person that claims to have economical copyrights regarding a selection of mathematical and chemical formulas reproduced on the cover of school exercise books, therefore the Supreme Court took the position that the burden of proof must rely on the person who claims to be the holder of authors? economical rights, i.e. plaintiff, Realister O?, in this case.

The Supreme Court reasoned that the author of a work is a natural person (or persons), who created the work and that copyright shall belong to a legal person only in the cases prescribed in the CA. Section 4(6) of the CA stipulates that the protection of a work by copyright is presumed, except if, based on this Act or other copyright legislation, there are apparent circumstances which preclude this. The burden of proof lies on the person who contests the protection of a work by copyright. Section 29(1) of CA provides that the authorship of a person who publishes a work under his or her name, a generally recognised pseudonym or the identifying mark of the author shall be presumed until the contrary is proved. The burden of proof lies on the person who challenges authorship.

The Supreme Court pointed out that the concept ?authorship? derives from Section 12(1)(1 of the CA, that provides for a moral right of the author. The Section lays down that the author of a work has the right to appear in public as the creator of the work and claim recognition of the fact of creation of the work by way of relating the authorship of the work to the author?s person and name upon any use of the work (right of authorship).

According to the Supreme Court, it follows from the foregoing analysis that the objective of Section 29 of the CA is only to bind an author as a natural person with his or her creation. As the plaintiff is a legal person, who cannot rely on the presumption of authorship, the defendant cannot be obliged to prove that Realister O? is not the holder of authors? rights. At the same time the Supreme Court did not analyse the presumption laid down in the Section 4(6) of the CA and the concurrence of those two sections referred to above.

In my opinion it might be arguable whether the presumption of authorship should only be applied in cases where the person wanting to rely on this presumption is a natural person. The concept of ?author? in this context might be regarded in a more broader sense than just the natural person.

Such conclusions can also be made on the basis of Section 817 of the CA ?Protection of copyright and related rights under civil law?,? that provides that in the case of the unlawful use of a work or an object of related rights, the author or holder of related rights may, among other, claim the following: 1) compensation, pursuant to ? 1043 of the Law of Obligations Act, for the patrimonial and non-patrimonial damage caused through the unlawful use of a work or an object of related rights; 2) termination of the unlawful use of a work or an object of related rights and refrainment from further violation pursuant to ? 1055 of the Law of Obligations Act; 3) delivery of that which was received by way of the unlawful use of a work or an object of related rights pursuant to ?? 1037 and 1039 of the Law of Obligations Act. It must be emphasized that the Supreme Court in its judgement itself referred to this Section when confirming that also a holder of copyrights (and not only the author as a natural person) is entitled to file claims under this Section.

It might be followed from the foregoing that the term ?author? in the broader meaning in the CA describes also a person who is the holder of authors? rights. The Supreme Court did not explain why in this case the concept ?author? must be interpreted in a narrow sense, not covering the holder of authors? rights.

In addition, it is worth mentioning that in the CA a similar regulation regarding the presumption of related rights has been laid down. Section 62 1 (1) of CA provides that the protection of the object of related rights is presumed, except if, based on this Act or other copyright legislation, there are apparent circumstances which preclude this. The burden of proof lies on the person who contests the protection of the object of related rights. Section 62 1 (2) of CA? stipulates that it is presumed that the person whose name is indicated on an object of related rights as rightholder has rights regarding the specified object until the contrary is proved. The burden of proof lies on the person who contests the fact that this person holds the rights.

Elise Vasam?e, Aavik & Partnerid, Tallinn, Estonia

A full summary of this case will added to the Kluwer IP Cases Database ( www.KluwerIPCases.com).

Source: http://kluwercopyrightblog.com/2012/03/19/presumption-of-authorship-only-natural-persons/

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What will happen to a judgment lien on my ... - Finance information

Question by American_Nawaab_786 : What will happen to a judgment lien on my residential investment property after I file bankruptcy personal ?
I have a judgment lien on a residential investment property that I own 25% of. This is the only RE that I own. The mortgage on the property is $ 115k, $ 110k is the estate and the property is valued at $ 200k. If I file bankruptcy personal (Chapter 7), will the lien be removed? What if I sell my share to my partners, do they have to pay the full amount of the lien? Does the estate remain with the property even though I sold my share? Best answer:

Answer by Greg M
What state are you in?

Add your own answer in the comments!

Source: http://www.lovefinanceinfo.com/2012/03/what-will-happen-to-a-judgment-lien-on-my-residential-investment-property-after-i-file-bankruptcy-personal/?utm_source=rss&utm_medium=rss&utm_campaign=what-will-happen-to-a-judgment-lien-on-my-residential-investment-property-after-i-file-bankruptcy-personal

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Apple Sells a Staggering Three Million iPads In Three Days [Apple]

Apple has just announced that they have sold three million new iPads since its release last Friday. It's a staggering number. Clearly, they are unstoppable at this point. More »


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/X9zQ9PmmbAQ/apple-sells-three-million-ipads-in-three-days++holy-fck

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Afghan forces foil new year bomb plot: official

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Source: http://news.yahoo.com/afghan-forces-foil-bomb-plot-official-173446752.html

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Sunday, March 18, 2012

World News - Did St. Patrick sell slaves to the Irish?

By msnbc.com staff and news services

LONDON -- St. Patrick, patron saint of Ireland, may well have been a tax collector for the Romans who fled to Ireland where he could have traded slaves to pay his way, according to new research by a University of Cambridge academic published on Saturday.

The generally accepted account of the saint's life, albeit based on scant evidence, says Patrick was abducted from western Britain as a teenager and forced into slavery in Ireland for six years during which time he developed a strong Christian faith.


Afterwards, the account continues, he escaped his captors and went back to Britain before eventually returning to Ireland as a missionary.

But Roy Flechner, from the Department of Anglo-Saxon, Norse and Celtic at Cambridge, believes there are reasonable grounds to question the popular version which is based partly on Patrick's own words.

"The problem with this account is that he was telling this story in response to accusations leveled against him that he fled to Ireland for financial gain," Flechner told Reuters in a telephone interview.

"It's an inference that has been made long before in conventional scholarship."

10 best St. Patrick's Day parades for families

According to the study, published on Saturday to coincide with St. Patrick's Day, the saint may have wanted to leave Britain in the early 400s to avoid the "onerous" duties of a "Decurion", or Roman official responsible for collecting taxes.

Patrick's father was a Decurion and, when he decided to rid himself of the post by becoming a cleric, his responsibilities would have fallen to his son.

Slaves were his 'liquid assets'
At a time when Roman government in Britain was in decline, collecting and underwriting taxes would have been an unwelcome task, enough to prompt Patrick to emigrate, Flechner said.

"It is likely that at least for a while he (Patrick) held an imperial office. One way or another, I think this would have been the catalyst for him leaving for Ireland."

The academic also questioned Patrick's own account of escaping slavery in Ireland.

"Once you escaped from slavery you lacked any legal status and anyone could imprison you and kill you, and this conflicts with what he said -- that he broke loose, crossed Ireland and then the Irish Sea to get back to Britain," he explained.

"He might not even have been acknowledged as a free man in his native Britain and could have been enslaved again there."

If Patrick had left Britain for Ireland of his own free will, the best way to take his wealth with him would be in the form of slaves, Flechner argued.

Patrick himself said his family owned slaves, which was common for aristocratic families in this period.

"Your property would have been hereditary and in the form of land, but if you had wanted to transport the value of the property, it is more likely you would have traded a more 'liquid asset', in this case slaves.

"In a slightly later period where we do have more sources, slaves had become a very important social institution and quite ubiquitous in Ireland."

Flechner conceded that it was difficult to be sure of any theory about a period of British history covered by so little reliable material.

But he added that his study had the advantage of being "free from the more reverential accounts of St. Patrick that have been handed down in legend through the generations.

"In this case we are seeing Patrick through the eyes of Roman law which offers a new perspective.

"None of this is to say that Patrick was not a bishop or that he did not engage in missionary activity, but his primary motives for moving to Ireland were most likely to escape the poisoned chalice of his inherited position in Roman Britain."

Reuters contributed to this report.

More from msnbc.com and NBC News:

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Source: http://worldnews.msnbc.msn.com/_news/2012/03/17/10729131-did-st-patrick-sell-slaves-to-the-irish

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