Three men have pleaded guilty in Brooklyn, N.Y., for their roles in a check cashing scheme designed to evade anti-money laundering reporting requirements.

Tonawanda Coke Corporation was sentenced in federal court in Buffalo, N.Y., Wednesday to pay a $12.5 million penalty and $12.2 million in community service payments for criminal violations of the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA).

A criminal information has been filed against a Pennsylvania firm and its chief officer, charging them with conspiracy to evade export reporting requirements and with attempting to smuggle to Iran a lathe machine in violation of U.S. export regulations.

The United States has filed a complaint under the False Claims Act against Stevens-Henager College, Inc. and its owner, The Center for Excellence in Higher Education, for illegally compensating recruiters, the Department of Justice announced today.

The owner and operator of a Tennessee salvage and demolition company, A&E Salvage Inc., pleaded guilty today in federal court in Greeneville, Tennessee, for conspiring to violate the Clean Air Act.

Marubeni Corporation, a Japanese trading company involved in the handling of products and provision of services in a broad range of sectors around the world, including power generation, was sentenced today for its participation in a scheme to pay bribes to high-ranking government officials in Indonesia.

Acting Assistant Attorney General Jocelyn Samuels for the Justice Department’s Civil Rights Division and U.S. Attorney Walt Green for the Middle District of Louisiana announced today that a third former state corrections official has pleaded guilty to civil rights violations related to the beating of an inmate at the Louisiana State Penitentiary in Angola, Louisiana

U.S. Bank has agreed to pay the United States $200 million to resolve allegations that it violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the Federal Housing Administration (FHA) that did not meet applicable requirements, the Justice Department announced today

BNP Paribas S.A. (BNPP), a global financial institution headquartered in Paris, pleaded guilty today before U.S. District Judge Lorna G. Schofield in the Southern District of New York to a one-count information charging the bank with conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA), for its role in processing billions of dollars of U.S. dollar transactions through the U.S. financial system on behalf of Sudanese, Iranian, and Cuban entities subject to U.S. economic sanctions from 2004 through 2012

Jones Inlet Seafood Co., Inc., a federally-licensed fish dealer located in Point Lookout, New York, its company president, Michael G. Mihale, and the company vice-president, Bruce Larson, Jr. pleaded guilty today in federal court in Central Islip, New York., to federal felonies stemming from their role in systematically underreporting fluke (summer flounder) that was being harvested as part of the federal Research Set-Aside (RSA) Program, the Justice Department’s Environment and Natural Resources Division announced

Benjamin Franklin Pass, 61, and P&W Waste Oil Services Inc. (P&W), of Leland, North Carolina were sentenced today in federal court in Raleigh, North Carolina. Pass was sentenced to 42 months in prison and ordered to pay restitution in the amount of $21,373,143.38 for clean-up costs associated with the environmental contamination at his business and an additional $538,857 to the Internal Revenue Service (IRS) for federal income taxes he failed to pay between 2002 and 2011

The Justice Department announced the filing of a lawsuit today against Entergy Corporation for violating Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974

The Justice Department announced today that it has filed a complaint against Midwest Neurosurgeons L.L.C. and its owner, Dr. Sanjay Fonn, M.D., and DS Medical L.L.C. and its owner, Deborah Seeger, for allegedly violating the Medicare Anti-Kickback Statute and the False Claims Act by conspiring to solicit and receive commissions from medical device manufacturers related to the purchase of spinal implants and supplies used during spinal fusion surgeries performed by Dr. Fonn

Attorney General Eric Holder and United States Attorney for the Southern District of New York Preet Bharara announced today the completion of the Justice Department’s multi-year civil investigation pursuant to the Civil Rights of Institutionalized Persons Act (“CRIPA”) into the conditions of confinement of adolescent male inmates on Rikers Island. The investigation, which focused on use of force by staff, inmate-on-inmate violence, and use of punitive segregation during the period 2011-2013, concluded that there is a pattern and practice of conduct at Rikers Island that violates the rights of adolescents protected by the Eighth Amendment and the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The investigation found that adolescent inmates are not adequately protected from physical harm due to the rampant use of unnecessary and excessive force by New York City Department of Correction (“DOC”) staff and violence inflicted by other inmates

Berkshire Hathaway Inc. has agreed to pay an $896,000 civil penalty to settle charges that it violated premerger reporting and waiting requirements when it acquired voting securities of USG Corp., the Department of Justice announced today

Acting Assistant Attorney General Molly Moran for the Civil Rights Division and United States Attorney Bill Nettles announced today that Reginald Wayne Miller, of Marion, South Carolina, has entered a guilty plea in federal court in Florence to fraud in foreign labor contracting. Additionally, Miller entered a guilty plea to visa fraud and wage and hour violations. United States District Judge R. Bryan Harwell of Florence accepted the guilty plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. probation office.

John Francis Mills, the owner of more than a dozen properties in Malone, New York, and Terrance Allen, the maintenance manager of Mills’ properties, were sentenced today by U.S. District Judge Thomas J. McAvoy to serve 21 months each in prison for conspiring to violate the Clean Air Act standards for the safe removal of asbestos.

by Joshua Kaplan and Benjamin Hardy

On April 17 in Toledo, Ohio, a 19-year-old black man was arrested for violating the state stay-at-home order. In court filings, police say he took a bus from Detroit to Toledo “without a valid reason.” Six young black men were arrested in Toledo last Saturday while hanging out on a front lawn; police allege they were “seen standing within 6 feet of each other.” In Cincinnati, a black man was charged with violating stay-at-home orders after he was shot in the ankle on April 7; according to a police affidavit, he was talking to a friend in the street when he was shot and was “clearly not engaged in essential activities.”

Ohio’s health director, Dr. Amy Acton, issued the state’s stay-at-home order on March 22, prohibiting people from leaving their home except for essential activities and requiring them to maintain social distancing “at all times.” A violation of the order is a misdemeanor, punishable by up to 90 days in jail and a $750 fine. Since the order, hundreds of people have been charged with violations across Ohio.

The state has also seen some of the most prominent protests against state stay-at-home orders, as large crowds gather on the statehouse steps to flout the directives. But the protesters, most of them white, have not faced arrest. Rather, in three large Ohio jurisdictions ProPublica examined, charges of violating the order appear to have fallen disproportionately on black people.

ProPublica analyzed court records for the city of Toledo and for the counties that include Columbus and Cincinnati, three of the most populous jurisdictions in Ohio. In all of them, ProPublica found, black people were at least four times as likely to be charged with violating the stay-at-home order as white people.

As states across the country attempt to curb the spread of COVID-19, stay-at-home orders have proven instrumental in the fight against the novel coronavirus; experts credit aggressive restrictions with flattening the curve in the nation’s hotbeds. Many states’ orders carry criminal penalties for violations of the stay-at-home mandates. But as the weather warms up and people spend more time outside, defense lawyers and criminal justice reform advocates fear that black communities long subjected to overly aggressive policing will face similarly aggressive enforcement of stay-at-home mandates.

In Ohio, ProPublica found, the disparities are already pronounced.

As of Thursday night in Hamilton County, which is 27% black and home to Cincinnati, there were 107 charges for violating the order; 61% of defendants are black. The majority of arrests came from towns surrounding Cincinnati, which is 43% black. Of the 29 people charged by the city’s Police Department, 79% were black, according to data provided to ProPublica by the Hamilton County Public Defender.

In Toledo, where black people make up 27% of the population, 18 of the 23 people charged thus far were black.

Lt. Kellie Lenhardt, a spokeswoman for the Toledo Police Department, said that in enforcing the stay-at-home order, the department’s goal is not to arrest people and that officers are primarily responding to calls from people complaining about violations of the order. She told ProPublica that if the police arrested someone, the officers believed they had probable cause, and that while biased policing would be “wrong,” it would also be wrong to arrest more white people simply “to balance the numbers.”

In Franklin County, which is 23.5% black, 129 people were arrested between the beginning of the stay-at-home order and May 4; 57% of the people arrested were black.

In Cleveland, which is 50% black and is the state’s second-largest city, the Municipal Court’s public records do not include race data. The court and the Cleveland Police Department were unable to readily provide demographic information about arrests to ProPublica, though on Friday, the police said they have issued eight charges so far.

In the three jurisdictions, about half of those charged with violating the order were also charged with other offenses, such as drug possession and disorderly conduct. The rest were charged only with violating the order; among that group, the percentage of defendants who were black was even higher.

Franklin Country is home to Columbus, where enforcement of the stay-at-home order has made national headlines for a very different reason. Columbus is the state capital and Ohio’s largest city with a population of almost 900,000. In recent weeks, groups of mostly white protesters have campaigned against the stay-at-home order on the Statehouse steps and outside the health director’s home. Some protesters have come armed, and images have circulated of crowds of demonstrators huddled close, chanting, many without masks.

No protesters have been arrested for violating the stay-at-home order, a spokesperson for the Columbus mayor’s office told ProPublica. Thomas Hach, an organizer of a group called Free Ohio Now, said in an email that he was not aware of any arrests associated with protests in the entire state. The Columbus Division of Police did not respond to ProPublica’s request for comment.

Ohio legislators are contemplating reducing the criminal penalties for violating the order. On Wednesday, the state House passed legislation that would eliminate the possibility of jail time for stay-at-home violators. A first offense would result in a warning, and further violations would result in a small fine. The bill is pending in the state Senate.

Penalties for violating stay-at-home orders vary across the country. In many states, including California, Florida, Michigan and Washington, violations can land someone behind bars. In New York state, violations can only result in fines. In Baltimore, police told local media they had only charged two people with violations; police have reportedly relied on a recording played over the loudspeakers of squad cars: “Even if you aren’t showing symptoms, you could still have coronavirus and accidentally spread it to a relative or neighbor. Being home is being safe. We are all in this together.”

Enforcement has often resulted in controversy. In New York City, a viral video showed police pull out a Taser and punch a black man after they approached a group of people who weren’t wearing masks. Police say the man who was punched took a “fighting stance” when ordered to disperse. In Orlando, police arrested a homeless man walking a bicycle because he was not obeying curfew. In Hawaii, charges against a man accused of stealing a car battery, normally a misdemeanor punishable by up to 30 days in jail, were enhanced to a felony, which can result in 10 years in prison, because police and prosecutors said he was in violation of the state order.

The orders are generally broad, and decisions about which violations to treat as acceptable and which ones to penalize have largely been left to local police departments’ discretion.

Kristen Clarke, president of the Lawyers’ Committee for Civil Rights Under Law, a legal organization focused on racial justice, said such discretion has opened the door to police abuse, and she said the U.S. Department of Justice or state governments should issue detailed guidelines about when to make arrests. That discretion “is what’s given rise to these rogue practices,” she told ProPublica, “that are putting black communities and communities of color with a target on their backs.”

In jails and prisons around the country, inmates have fallen ill or died from COVID-19 as the virus spreads rapidly through the facilities. Many local governments have released some inmates from jail and ordered police to reduce arrests for minor crimes. But in Hamilton County, some people charged with failing to maintain social distancing have been kept in jail for at least one night, even without any other charges. Recently, two sheriff’s deputies who work in the jail tested positive for COVID-19. “The cops put their hands on them, they cram them in the car, they take them to the [jail], which has 800 to 1400 people, depending on the night,” said Sean Vicente, director of the Hamilton County Public Defender’s misdemeanor division. “It’s often so crowded everyone’s just sitting on the floor.”

Clarke said the enforcement push is sometimes undercutting the public health effort: “Protecting people’s health is in direct conflict with putting people in overcrowded jails and prisons that have been hotbeds for the virus.”

Court records show that the Cincinnati Police Department has adopted some surprising applications of the law.

Six people were charged with violations of the order after they were shot. Only one was charged with another crime as well, but police affidavits state that when they were shot, they were or likely were in violation of the order. One man was shot in the ankle while talking to a friend, according to court filings, and “was clearly not engaged in essential activities.” Another was arrested with the same explanation; police wrote that he had gone to the hospital with a gunshot wound. The Cincinnati Police Department did not respond to ProPublica’s requests for comment.

In Springfield Township, a small, mostly white Cincinnati suburb, nine people have been arrested for violating the order thus far. All of them are black.

Springfield Township Police Chief Robert Browder told ProPublica in an email that the department is “an internationally accredited law enforcement organization” and has “strict policies ... to ensure that our zero tolerance policy prohibiting bias-based profiling is adhered to.”

Browder said race had not played a role in his department’s enforcement of the order and that he was “appalled if that is the insinuation.”

Several of the black people arrested in Springfield Township were working for a company that sells books and magazine subscriptions door to door. One of the workers, Carl Brown, 50, said he and five colleagues were working in Springfield Township when two members of the team were arrested while going door to door. Police called the other sales people, and when they arrived at the scene, they too were arrested. Five of them, including Brown, were charged only with violating the stay-at-home order; the sixth sales person had an arrest warrant in another state, according to Browder, and police also charged her for giving them false identification.

Brown said one of the officers had left the group with a warning: They should never come back, and if they do, it’s “going to be worse.”

Browder denied that the officers made such a threat, and he said the police had received calls from residents about the sales people and their tactics and that the sales people had failed to register with the Police Department, as required for door-to-door solicitation.

Other violations in Hamilton County have been more egregious, but even in some of those cases, the law enforcement response has stirred controversy. On April 4, a man who had streamed a party on Facebook Live, saying, “We don’t give a fuck about this coronavirus,” was arrested in Cincinnati’s Over-the-Rhine neighborhood, the setting of a 2001 riot after police fatally shot an unarmed black man.

The man who streamed the party, Rashaan Davis, was charged with violating the stay-at-home order and inciting violence, and his bond was set at $350,000.

After Judge Alan Triggs said he would release Davis from jail pretrial because the offense charged was nonviolent, local media reported, prosecutors dropped the misdemeanor and said they would focus on the charge of inciting violence, a felony.

The Hamilton County prosecutor’s office declined to comment on Davis’ case.

In Toledo, there’s been public controversy around perceived differences in the application of the law. On April 21, debate at the Toledo City Council meeting centered around a food truck. Local politicians discussed recent arrests of young black people at house parties, some contrasting them with a large, white crowd standing close together in line outside a BBQ stand, undisturbed by police. Councilmember Gary Johnson told ProPublica he’s asked the police chief to investigate why no one was arrested at a party he’d heard about, where white people were congregating on docks. “I don’t know the circumstances of the arrests,” he said. But “if you feel you need to go into poor neighborhoods and African American neighborhoods, you better be going into white neighborhoods too. … You have to say we’re going to be heavy-handed with the stay-at-home order or we’re going to be light with it. It has to be one or the other.”

Toledo police enforcement has not been confined to partygoers. Armani Thomas, 20, is one of the six young men arrested for not social distancing on a lawn. He told ProPublica he was sitting there with nine friends “doing nothing” when the police pulled up. Two kids ran off, and the police made the rest stay, eventually arresting “all the dudes” and letting the girls go. He was taken to the county jail, where several inmates have tested positive, for booking and released after several hours. The men’s cases are pending.

“When police see black people gathered in public, I think there’s this looming belief that they must be doing something illegal,” RaShya Ghee, a criminal defense attorney and lecturer at the University of Toledo, told ProPublica. “They’re hanging out in a yard — something illegal must have happened. Or, something illegal is about to happen.”

Lenhardt, the police lieutenant, said the six men were arrested after police received 911 calls reporting “a group gathering and flashing guns.” None of the six men were arrested on gun charges. As for the 19-year-old charged for taking the bus without reason, she said police asked him on consecutive days to not loiter at a bus station.

With more than 70,000 Americans dead from the coronavirus, government officials have not figured out how to balance the threat of COVID-19 with the harms of over policing, Clarke said. “On the one hand, we want to beat back the pandemic. That’s critical. That’s the end goal,” she told ProPublica. “On the other hand, we’re seeing social distancing being used as a pretext to arrest the very communities that have been hit hardest by the virus.”

---

All over Thanksgiving, and with only a tiny press release...

Peru continues to approve oil and gas projects despite previous exploration leading to the death of half the Nahua tribe.

Delivered to the UN Committee on the Rights of the Child, the group of 16 alleges that climate crisis inaction constitutes a violation of child rights.

After evidence that China violated the treaty intended to protect the earth's ozone layer, the country has leapt into action.

Posted by Victoria Strauss for Writer Beware®

The enormous digital archive that is the Internet Archive encompasses many different initiatives and projects. One of these is the Open Library Project, a huge repository of scanned print books available for borrowing in various digital formats.

Unlike a regular library, the IA does not purchase these books, but relies on donations to build the collection. Nor are permissions sought from copyright holders before creating the new digital editions. And although the IA claims that the project includes primarily 20th century books that are no longer widely available either physically or digitally, the collection in fact includes large numbers of 21st century books that are in-copyright and commercially available--and whose sales the Open Library's unpermissioned versions have the potential to harm.

Most professional writers' groups consider the Open Library to be not library lending, but massive copyright violation. Many have issued alerts and warnings (you can see SFWA's alert here), and many authors have contacted the IA with takedown requests (to which the IA was not always terrific at responding; you can see my account of my own frustrating experience here).

In the fall of 2018, a novel (and disputed) legal theory was created to justify the Open Library and similar initiatives, called Controlled Digital Lending (CDL). CDL's adherents present it as "a good faith interpretation of US copyright law for American libraries" seeking to conduct mass digitization projects, and invoke as support the "exhaustion" principle of the first sale doctrine (the idea that an authorized transfer of a copyrighted work "exhausts" a copyright holder's ability to subsequently control the use and distribution of  that copy; this is what allows used book sales, for example) and the fair use doctrine (a complex principle that permits the copying of a copyrighted work as long as the copying is limited and transformative). As long as the library restricts its lending in ways similar to restrictions on the lending of physical books (for instance, allowing only one user at a time to access each digital format), CDL holds that creating new digital editions of in-copyright books and lending them out is fair use, and copyright holders' permission isn't necessary.

Libraries in particular have embraced CDL. Publishers' and writers' groups...not so much, especially in light of a recent legal decision that rejected both the first sale doctrine and fair use as basis for re-selling digital content. Here's the Authors Guild:

CDL relies on an incorrect interpretation of copyright’s “fair use” doctrine to give legal cover to Open Library and potentially other CDL users’ outright piracy—scanning books without permission and lending those copies via the internet. By restricting access to one user at a time for each copy that the library owns, the proponents analogize scanning and creating digital copies to physically lending a legally purchased book. Although it sounds like an appealing argument, the CDL concept is based on a faulty legal argument that has already been rejected by the U.S. courts.

In Capitol Records v. ReDigi, the Second Circuit held that reselling a digital file without the copyright holder’s permission is not fair use because the resales competed with the legitimate copyright holder’s sales. It found that market harm was likely because the lower-priced resales were sold to the same customers who would have otherwise purchased new licenses. In this regard, the court emphasized a crucial distinction between resales of physical media and resales of digital content, noting that unlike physical copies, digital content does not deteriorate from use and thus directly substitutes new licensed digital copies.

The same rationale applies to the unauthorized resale or lending of ebooks. Allowing libraries to digitize and circulate copies made from physical books in their collection without authorization, when the same books are available or potentially available on the market, directly competes with the market for legitimate ebook licenses, ultimately usurping a valuable piece of the market from authors and copyright holders.

For a more detailed deconstruction of CDL's arguments, see this statement from the Association of American Publishers.

Flash forward to 2020, and the coronavirus pandemic crisis. Last week, the IA announced the debut of the National Emergency Library--really just the Open Library, but with some new provisions.

To address our unprecedented global and immediate need for access to reading and research materials, as of today, March 24, 2020, the Internet Archive will suspend waitlists for the 1.4 million (and growing) books in our lending library by creating a National Emergency Library to serve the nation’s displaced learners. This suspension will run through June 30, 2020, or the end of the US national emergency, whichever is later.

During the waitlist suspension, users will be able to borrow books from the National Emergency Library without joining a waitlist, ensuring that students will have access to assigned readings and library materials that the Internet Archive has digitized for the remainder of the US academic calendar, and that people who cannot physically access their local libraries because of closure or self-quarantine can continue to read and thrive during this time of crisis, keeping themselves and others safe.

What this boils down to, under all the high-flying verbiage: the IA is ditching the one-user-at-a-time restriction that is one of the key justifications for the theory of controlled digital lending, and allowing unlimited numbers of users to access any digitized book in its collection.

The Authors Guild again, on how this harms authors:

IA is using a global crisis to advance a copyright ideology that violates current federal law and hurts most authors. It has misrepresented the nature and legality of the project through a deceptive publicity campaign. Despite giving off the impression that it is expanding access to older and public domain books, a large proportion of the books on Open Library are in fact recent in-copyright books that publishers and authors rely on for critical revenue. Acting as a piracy site—of which there already are too many—the Internet Archive tramples on authors’ rights by giving away their books to the world.

Here's just one concrete example. Katherine Harbour's Nettle King is available for borrowing in the National Emergency Library as a scan, an EPUB, and a PDF (the IA's EPUB versions are OCR conversions full of errors). Published in 2016, it's also "in print" and available on Amazon and other online retailers as an ebook, in addition to other formats. The IA, which never bought a digital license to Ms. Harbour's book and scanned and uploaded it without permission, now is proposing to allow unlimited numbers of users to access it, potentially impacting her sales. How is this any different from a pirate site?

Announcement of the National Emergency Library has been greeted rapturously by the press and by libraries. Less regarded has been the flood of protest and criticism from authors and professional groups. In situations like these, authors and publishers tend to be dismissed as greedy money-grubbers who are putting profits ahead of the march of progress and the noble dream of universal access to content...despite the fact that authors' right to make money from their work--and, just as important, to control the use of it--springs directly from the US Constitution, and has been enshrined in law since 1790.

In response to the outcry over the National Emergency Library, the IA has issued a justification of it, citing the "tremendous and historic outage" of COVID-19-related library closures, with "books that tax-paying citizens have paid to access...sitting on shelves in closed libraries, inaccessible to them." This noble-sounding purpose conveniently ignores the fact that those libraries' (legally-acquired and paid-for) digital collections are still fully available.

If your book is included in the National Emergency Library, and you don't want it there, the IA will graciously allow you to opt out (another inversion of copyright, which is an opt-in system).


Hopefully they'll be more responsive than they were in 2018, when I sent them DMCA notices that they ignored. Or later, when they began rejecting writers' takedown requests by claiming that the IA "operates consistently with the Controlled Digital Lending protocol.”


I've covered this question above, but I want to highlight it again, because it's such a persistent objection when this kind of infringement occurs: Brick-and-mortar libraries lend out books for free, so how are the IA's "library" projects any different?

A few reasons.

- Brick-and-mortar libraries buy the books they lend, a separate purchase for each format (hardcover, paperback, ebook, audiobook, etc.). The author gets a royalty on these purchases. The IA seeks donations, and lends those. Authors get nothing.

- Brick-and-mortar libraries lend only the books they purchase. They don't use those books to create new or additional, un-permissioned lending formats. That's exactly what the IA does. Moreover, one of its additional lending formats is riddled with OCR errors that make them a chore to read. Apart from permission issues, this is not how authors want their books to be represented to the public.

- People who advocate for looser copyright laws often paint copyright defenders as greedy or mercenary, as if defending copyright were only about money. It's worth remembering another important principle of copyright: control. Copyright gives authors not just the right to profit from their intellectual property, but to control its use. That, as much as or even more than money, is the principle the IA is violating with its library projects.

UPDATE: It appears that the IA--on its own initiative--is removing not just illegally-created digital editions in response to authors' takedown requests, but legally-created DAISY editions as well, even where authors don't ask for this (DAISY is a format for the visually impaired, and like Braille, is an exception in copyright law and is also permissioned in publishing contracts).


It did the same thing in 2018, even where the takedown requests specifically exempted DAISY editions. I don't know if the current removals reflect expediency or possibly are just a kind of FU to writers (and, indirectly, to disabled readers), but if you send a removal request to the IA, you might consider specifically asking them not to remove any editions for the blind and disabled (which, again, are legal for the IA to distribute).

UPDATE 4/2/20: The Authors Guild has issued a statement encouraging writers to demand that the Internet Archive remove their books from its National Emergency Library. The statement includes instructions on what to do, along with a sample DMCA notice in the proper legal form.

UPDATE 4/8/20: SFWA has issued a statement on the National Emergency Library, describing the legal theory of Controlled Digital Lending as "unproven and dubious". (A link to SFWA's DMCA notice generator is included.)

[U]sing the Coronavirus pandemic as an excuse, the Archive has created the “National Emergency Library” and removed virtually all controls from the digital copies so that they can be viewed and downloaded by an infinite number of readers. The uncontrolled distribution of copyrighted material is an additional blow to authors who are already facing long-term disruption of their income because of the pandemic. Uncontrolled Digital Lending lacks any legal argument or justification.

UPDATE 4/9/20: The Chairman of the US Senate Subcommittee on Intellectual Property, Thom Tillis, has sent a letter to the Internet Archive, pointing out the many voluntary initiatives by authors, publishers, and libraries to expand access to copyrighted materials, and expressing concern that this be done within the law. 

I am not aware of any measure under copyright law that permits a user of copyrighted works to unilaterally create an emergency copyright act. Indeed, I am deeply concerned that your "Library" is operating outside the boundaries of the copyright law that Congress has enacted and alone has the jurisdiction to amend.

The letter ends by punting "discussion" until "some point when the global pandemic is behind us." So, basically, carry on and maybe at some point we'll talk.

UPDATE 4/15/20: Internet Archive founder Brewster Kahle has responded to Sen. Tillis's letter, claiming that the National Library is needed because "the entire physical library system is offline and unavailable" (even though libaries' legally acquired digital collections are still fully available) and that "the fair use doctrine, codified in the Copyright Act, provides flexibility to libraries and others to adjust to changing circumstances" (there's no such language in the actual Fair Use statute).

Kahle also notes:

In an early analysis of the use we are seeing what we expected: 90% of the books borrowed were published more than ten years ago, two-thirds were published during the twentieth century. The number of books being checked out and read is comparable to that of a town of about 30,000 people. Further, about 90% of people borrowing the book only looked at it for 30 minutes. These usage patterns suggest that perhaps that patrons may be using the checked-out book for fact checking or research, but we suspect a large number of people are browsing the book in a way similar to browsing library shelves.

But this is hardly a compelling argument. Large numbers of these books are certainly still in copyright, and many are likely still "in print" and commercially available (in digital form as well as hardcopy). Just because a book was published more than ten years ago or prior to 2000 doesn't magically cause it to become so hard to find it must be digitized without permission in order to save it. "But they're older books" sidesteps, rather than addresses, the thorny copyright issues raised by the IA's unpermissioned scanning and digitizing.

This passage also tacitly confirms the IA's abandonment of the one-user-at-a-time restriction that is a key feature of the rationale for the Controlled Digital Lending theory. If the basis for your enterprise is a legal theory whose strictures can be jettisoned at will, how credible is that theory really?

Kahle also claims that "No books published in the last five years are in the National Emergency Library". As it happens, the example I provide above (Katherine Harbour's Nettle King) handily disproves this statement: it was published in 2016, and was digitized by the IA in 2018 (you can see the scan here). I seriously doubt it's the only instance. Either Kahle is being disingenuous, or he doesn't know his own collection.

As a sop to creators, Kahle reiterates that concerned authors "need only to send us an email" and their books will be removed. As I've pointed out above, this is yet another inversion of copyright law, which explicitly gives creators control over the use of their work. In other words, it's the IA, not authors, who should be the petitioners here.

UPDATE 4/16/20: This terrific, comprehensive article from the NWU's Edward Hasbrouck examines the multiple ways the Internet Archive is distributing the page images from its unpermissioned scanning of print books--"[o]nly one of [which] fits the Internet Archive’s and its supporters’ description of so-called Controlled Digital Lending (CDL)."

Forest department is utterly displeased with the way the Navi Mumbai Municipal Corporation (NMMC) is going about implementing its tree belt project. On Friday, a range forest officer carried out a panchnama, a copy of which is with mid-day, listing the violations so far.

The panchnama states that the tree plantation done by NMMC contractors is inappropriate — the forest department had warned that plantation should be at least 50 metres away from the buffer zone surrounding the mangroves; and yet, it has been done right next to the boundary. The contractors have also allegedly cut the grown trees improperly and dumped the debris amid the mangroves.

Seeing red over green
An environment activist of Vashi, Rohit Malhotra, said, "NMMC removed 200 trees from the plot opposite Fortis Hospital, while dozens of fully grown and numbered trees inside the Rajiv Gandhi Joggers Park adjoining this plot have been felled, on the ground that were Subabul trees. All this has been done with much impunity... I had lodged a complaint with Prakesh Choudhary, range forest officer of Thane Division, who then deputed range officer Pandurang Gaikwad to survey the site. Mr Gaikwad has prepared the panchnama."

Residents had emailed their complaint to Dinesh Kumar Jain, chief secretary of Maharashtra, who has forwarded it to secretary of the forest department for necessary action.

A forest officer, confirming all violations, said, "I shouted at the contractors when I saw that some trees that were not on the list had been cut. Also, they removed soil from around others in such a way that the trees have tilted.

"However, senior forest officers have refused to sign the panchnama, saying they will settle the matter." "NMMC had taken permission from us to cut the Subabul trees in June 20... But I didn't know they dumped the debris amid mangroves. Also, the plantation in the buffer zone was done without our knowledge. I will visit the spot and decide on further action," said Choudhary.

The other side
NMMC Commissioner N Ramaswamy said, "We took all required permissions to cut the trees and for the project. About this particular complaint, I will check and take action accordingly."

The violations

• Planting trees close to mangroves, in violation of buffer zone distance restrictions
• Hacking full-grown trees inappropriately
• Dumping the cut parts amid the mangroves

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Enforcing prohibitory orders strictly, the Maharashtra police have registered over 85,500 offences against lockdown violators across the state and arrested 16,962 people so far, an official said on Thursday. While combating COVID-19 and enforcing lockdown since late March, police have registered offences under section 188 of IPC against 85,586 persons, who violated prohibitory orders, he said. Section 188 of the Indian Penal Code is related to disobedience to order duly promulgated by public servant.

Also, 16,962 people were arrested for violation of lockdown-related norms, he said. During the period, at least 161 police personnel, 21 of them officers, have tested coronavirus positive, he said. At least 167 cases of assault on police have been filed in the state in which 580 accused persons have been arrested so far, he said. Police have registered 1,237 offences of illegal transportation and seized more than 50,000 vehicles during the lockdown period, he said.

Police collected Rs 3.02 crore as fine for various offences during the period, he said. At least 622 persons were detained by police for violation of quarantine norms, he added.

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The Mumbai Police’s social media pages are gaining popularly among netizens for their epic memes during the lockdown imposed due to Coronavirus outbreak. After taking inspiration from Bollywood and popular series streaming online for some of their recent memes, the police department has now turned to Potterverse for some meme-spiration to explain their followers why it is important to stay at home.

In the Mumbai Police’s recent post on their Instagram account, they have shared what Hermoine Granger would say in her sassy way to explain the necessity to stay at home. The caption for the post read, “You already know Hermione's reaction if you step out unnecessarily during the lockdown,” while asking the ‘magical folks of Mumbai’ to stay at home. The message displayed in the clip will make you think twice step out of the house

 

 

 

View this post on Instagram

You already know Hermione's reaction if you step out unnecessarily during the lockdown. Just #StayHome magical folks of Mumbai to win 'The Battle' against corona #BattleOfMumbaikars

A post shared by Mumbai Police (@mumbaipolice) onMay 1, 2020 at 10:26pm PDT

The clip shared on Saturday managed to garner 61,407  likes with many Potterheads relating to the post and calling the Mumbai police’s social media page the ‘coolest’. A user said, “Mumbai's Auror Department got no muggles.” Another user said, “Wish we could just expeliamus the virus. One more user said, “Harry Potter post on the day of Battle of Hogwarts?! You guys won my heart!”

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A unique initiative by Tamil Nadu's Tiruppur Police to teach lockdown offenders a lesson and create awareness about the spread of the novel coronavirus has taken the internet by storm. A viral video shared by a meme page on Facebook shows police officers in Tamil Nadu teaching people violating the lockdown guidelines a lesson for life.

In the three minute 50 seconds video clip, police officers of Tiruppur Police can be seen stopping people roaming freely without face mask amid lockdown across the country. In order to teach a lesson to those defying lockdown rules, the Tamil Nadu police came up with their own unique initiative which has been appreciated by netizens.

As the video moves forward, the police officers are seen pushing the lockdown violators into an ambulance which has a man posing as a COVID-19 patient. Once pushed inside, the violators can be seen begging the officers to let them comes out of the ambulance van.

The hilarious yet creative video ends with a police officer making an appeal to people to not roam without face masks. The officer says, "When you roam around, anyone can have the novel coronavirus and you may not know. The government and the police officials have been stressing on the importance of staying indoors. If at all you need to come out to buy essentials, please wear masks."

The funny video which aims to create awareness to combat the spread of COVID-19 has garnered over 2.3 million views and about 73 thousand shares. Hundreds of people took to the comments section of the viral video to laud the Tamil Nadu police and shower praise on their unique initiative.

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Uttar Pradesh Police on Monday registered an FIR against independent MLA from Nautanwa Aman Mani Tripathi and his six associates for stepping out without having a valid pass during COVID-19 lockdown.

They were returning from Uttarakhand and were detained in the Nazibabad area of Bijnor district. Superintendent of Police (SP) Bijnor Sanjeev Tyagi said, "He was not authorised by Uttar Pradesh government to go to Uttarakhand. He was out unnecessarily and did not have a valid pass. Action is being taken. He will be quarantined and tested."

No weapons were recovered from the seven, added the SP. Tripathi and others were earlier arrested by the Uttarakhand Police on Sunday allegedly for violating lockdown norms and misbehaving with government officials.

After the arrest, they were served a notice and were sent back to Uttar Pradesh. The incident had occurred at Gauchar of Chamoli district where his entourage was stopped for screening by the officials on duty. Tripathi, along with 10 others, was on a trip to Badrinath and Kedarnath.

Uttarakhand DG, Law and Order, Ashok Kumar had told ANI that an FIR has been registered against Tripathi and 11 other persons under Sections 188, 269 and 270 of the Indian Penal Code, Disaster Management Act and Epidemic Disease Act.

The Uttar Pradesh government had clarified on Monday that it did not authorise Tripathi to travel to Uttarakhand.

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The Supreme Court on Tuesday declined to entertain a PIL by former Uttar Pradesh police chief Vikram Singh seeking direction to quash nearly 75,000 FIRs registered for violating orders of lockdown and petty offences during the coronavirus pandemic.

The #SupremeCourt on Tuesday declined to entertain a PIL by former #UttarPradesh police chief Vikram Singh seeking direction to quash nearly 75,000 FIRs registered for violating orders of #lockdown and petty offences during the #coronaviruspandemic. pic.twitter.com/1xiNJ5qoqQ

— IANS Tweets (@ians_india) May 5, 2020

A bench comprising Justice Ashok Bhushan, Justices Sanjay Kishan Kaul and B.R. Gavai questioned Singh's counsel, "You want there should be no FIR and this (Section 188 IPC) should not be invoked...then how can the lockdown be enforced?"

The bench wondered why such petitions were coming to the apex court? Singh's PIL sought quashing of nearly 75,000 FIRs registered under Section 188 of the IPC and other provisions for violation of the Covid-19 lockdown.

Senior advocate Gopal Sankaranarayanan said this person has been on the field and also has experience. "The submission is that we cannot have rule of law, which is selective. You cannot have one rule of law for those who have to travel by chartered flights...," said the advocate.

Justice Kaul replied he "can see an agenda". The lawyer contended that if the law didn't permit registration of FIRs then the NDMA law cannot be allowed for registration of FIRs. He told the bench that cases have been registered against migrants and those withdrawing money from ATMs.

Singh filed the PIL in his capacity as the Chairman of a think-tank -- Centre for Accountability and Systemic Change (CASC). He requested the apex court to issue directions, under the Disaster Management Act 2005, to state governments to not file complaints under Section 188 of the IPC or for other petty offences during the lockdown.

"Police action on an individual who is perhaps suffering from distress and lack of information as a result of the circumstances has ramifications which can extend beyond the coronavirus lockdown, and cannot be good for a constitutional democracy. The situation needs to be handled humanely, and it will be best to avoid adding aspects of criminality, wherever possible," Singh's plea stated.

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Soon after the Bollywood movie trailer on the biopic of Prime Minister Narendra Modi was out, the opposition on Thursday strongly opposed claiming that it is violating moral Code of Conduct of election. The teaser trailer of the biopic was released on Thursday.

In Pune, once the trailer was out, the NCP warned the Pune theatre association to avoid showcasing the movie or bear consequences. The NCP was supported by Maharashtra Navnirman Sena (MNS).

Speaking to mid-day, Balashaheb Patil, President Art and Culture president of Maharashtra State said, "We have warned the Theatre Association in Pune and on Friday we will be filing moral code of conduct violation by BJP. As this biopic that is an attempt to influence voters, we will report to the administration that the movie is a violation of the election code of conduct. If this movie is released, the theatres they will have to bear consequences and the film producers, distributors and administration will be responsible for it."

Actor Vivek Oberoi plays the lead role in the upcoming biopic on Narendra Modi. Besides Vivek, the film also stars Suresh Oberoi, Barkha Sengupta, Prashant Narayanan, Darshan Kumar, Boman Irani, Zarina Wahab, Manoj Joshi, Anjan Shrivastav, Karan Patel and Akshat R Saluja. The film is produced by Sandip Ssingh.

Also Read: PM Narendra Modi biopic violating Election Commission rules?

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Two Gulf companies shipped jet fuel to renegade general Khalifa Haftar, documents show

Tumblr is making a change to how it deals with hate speech on its blogging platform. The company announced today it will also remove the reblogs (repostings) from any blogs that were suspended for violating its policies around hate speech. Already, the company says it’s identified nearly 1,000 blogs that were banned for blatant violations […]

Twitter has said that tweets posted early Tuesday morning by Tesla and SpaceX CEO Elon Musk that irresponsibly call for restrictions put in place to defend against the spread of COVID-19 don’t violate its guidelines around inaccurate or disputed information about the coronavirus that could cause harm. Musk tweeted a series of things on Tuesday, […]

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The Property Brothers are recruiting some serious star power for their new HGTV show Celebrity IOU, which premieres next month.

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RIATH AL-SAMARRAI: The explosive development follows a four-year investigation by the US Anti-Doping Agency into the work done by the coach, who runs the Nike Oregon Project.

US national security adviser John Bolton has said that North Korea's latest missile tests did not violate pledges made by the state to Donald Trump. Short-range missiles were launched on Tuesday.

A politician in Indonesia has had a house in her regency, believed by locals to be haunted, turned into a spooky jail to house people who break coronavirus quarantine rules (pictured).

Royal expert Omid Scobie revealed on the Heirpod podcast that the Duke of Sussex, 35, 'stands by' the comments that he made while speaking with Russian pranksters earlier this year.

The 54--year-old actress will play President Barrack Obama's wife in the new docu-drama series that will also focus on Betty Ford and Eleanor Roosevelt. the wives of Gerald Ford and Franklin D. Roosevelt,

On Wednesday, Rear Adm. Collin Green made his intentions clear at a staff meeting Monday that he wants to remove Gallagher's Trident pin, which designates him as a SEAL.

Authorities in New Jersey busting residents for violating lockdown orders charged a pool hall owner who opened for business and 11 people caught drinking alcohol along the bank of a creek.

A weary Andy Murray needed treatment for cramp he was beaten last night by the world number 240, bringing to an end his experiment with the Rafa Nadal Challenger event in Mallorca.

Novak Djokovic erupted in anger during his Australian Open final win over Dominic Thiem, venting his anger directly at umpire Damien Dumosis after being hit with a second time violation.

Harris, 32, was killed when she was thrown from the motorcycle she was riding through a plate-glass window while filming a stand-in scene for actress Zazie Beetz on location in Vancouver, Canada.

Action will be taken against any political leader, whether from the ruling party or the opposition if found violating the lockdown, Haryana Home Minister Anil Vij said