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Colombia ex-intelligence chief released on technicality
International | 2007/03/25 03:33

Colombian appellate judge Leonor Perdomo ordered the release of ex-intelligence chief Jorge Noguera Friday on the grounds that Noguera was "illegally and unconstitutionally being deprived of his freedom" because chief prosecutor Mario Iguaran had not personally issued an arrest request. Perdomo ruled that Iguaran has to personally request ex-intelligence chief's detention because Noguera was a public servant when the crimes were alleged to have been committed. Noguera, who was arrested on Thursday, is accused of murder and conspiracy for allegedly contracting with illegal paramilitary groups to assassinate political opponents. Iguaran disagreed with the ruling, stating that "think Colombia or the international community can tolerate the message that conspiring with criminals has any relation to one's functions as a public servant."

Noguera, who ran the Colombian Department of Administrative Security resigned in October 2005 after he was tape-recorded while discussing plans to sell intelligence to paramilitary groups. Several of the people on Noguera's hit list were later killed, including university professor Alfredo Correa de Andreis, who was investigating the paramilitary groups at the time of his death in 2004.



Quake in central Japan kills one and hurts over 170
International | 2007/03/24 19:29

A powerful quake tore into a rural area of coastal central Japan on Sunday, killing at least one person as it toppled aging farmhouses and temples, set off landslides and caused a small tsunami. Some 160 people were injured.

The magnitude 6.9 quake struck at 9:42 a.m. (0042 GMT) off the Noto Peninsula on the Sea of Japan coast. The Meteorological Agency issued a tsunami warning urging an evacuation, but the alert was lifted after a 10-centimeter (6-inch) wave hit the shore, causing no damage.

The temblor was a shock to the region, which had not seen a major quake since 1933.

"The shaking was so violent, I freaked out. All I could do was to duck underneath the desk," said Yukiko Taka, 58, the owner of a traditional lacquerware shop in Wajima, the hardest hit town in Ishikawa prefecture (state). "It was so frightening."

Weaker quakes rattled the region through the day, including a magnitude 5.3 aftershock. No additional damage was reported.

The initial quake knocked down buildings, caused landslides, and cut power, water and transportation lines. The Noto airport was closed, and roads were snarled with residents leaving or concerned Japanese rushing to the area to see relatives.

A 52-year-old woman was crushed to death by a falling stone lantern, officials said, and at least 162 other people were injured, most of them hurt when they fell during the shaking or were hit by falling objects and broken glass.

Local authorities said they were thankful the death toll was so low.

"Perhaps our traditional homes were sturdy enough to survive the quake," said Masayuki Murozuka, an Ishikawa official. "I think it was also fortunate that the quake hit in midmorning so most people were fully awake, perhaps even finished breakfast by then."

Television footage of the quake showed buildings shaking violently for about 30 seconds. After the quake, buildings lay in heaps of rubble, and the windows of shops were shattered. Roof tiles cluttered streets with cracked pavement.

Fear of aftershocks and more landslides caused by the loosening of soil waterlogged by overnight rains continued to plague the quake zone -- and keep residents jittery.

"A fairly big aftershock hit just minutes ago and I jumped out the door," said Tomio Maeda, manager of convenience store Family Mart in Anamizu town. "It's scary, I guess it's not over yet."

In Tokyo, Chief Cabinet Secretary Yasuhisa Shiozaki said officials were doing their best to rescue victims and assess the extent of the damage.

About 30 soldiers had arrived to help with disaster relief, and military aircraft were examining the damage. Some 375 firefighters from seven other prefectures were also dispatched to help, the Fire and Disaster Management Agency said.

The quake also knocked down at least 45 homes in Ishikawa, and partially destroyed another 227, the FDMA said. Most of the injuries and damage were concentrated in Wajima, about 312 kilometers (193 miles) northwest of Tokyo.



Rat poison discovered in samples of pet food
Breaking Legal News | 2007/03/24 11:49

Investigators have found rat poison in the pet food suspected of killing 15 cats and two dogs, but they can't explain how it got there. Meanwhile, veterinarians and federal regulators predicted that many more pet deaths and illnesses will be linked to the 95 brands of wet pet food voluntarily recalled March 10 by its manufacturer.

"I think we're going to see hundreds if not thousands of cases," said Brad Smith, director of the veterinary teaching hospital at UC Davis. "It's going to take some time to sort this out."

Menu Foods, the Canadian-owned pet food maker, expanded its recall Friday to all cans and pouches of the recalled brands of "cuts and gravy" foods regardless of when they were manufactured. The first recall was limited to pet foods made after Dec. 3.

The discovery of rat poison in pet food was announced Friday by New York state food safety experts who analyzed samples of the commercial pet food provided by the manufacturer.

The substance, aminopterin, is not licensed for use as a rat poison in the United States, but it is used for that purpose in other counties.

The drug is used in cancer research, and it formerly was used to induce abortions in the United States, scientists said.



Bush to veto vote for withdrawal from Iraq
Political and Legal | 2007/03/24 11:48

President Bush accused the Democratic-led Congress of wasting taxpayers‘ time picking fights with the White House instead of resolving disputes over money for U.S. troops and the firings of the U.S. attorneys. He urged them to accept his offer to allow lawmakers to interview his advisers about the dismissal of eight federal prosecutors — but not under oath — and provide documents detailing communications they had about the firings with outside parties.

"Members of Congress now face a choice: whether they will waste time and provoke an unnecessary confrontation, or whether they will join us in working to do the people‘s business," Bush said. "We have many important issues before us. So we need to put partisan politics aside and come together to enact important legislation for the American people."

Democrats said it was time to heed the mandate of their election sweep last November, which gave them control of Congress. Passage marked their most brazen challenge yet to Bush on a war that has killed more than 3,200 troops and lost favor with the American public.

"By choosing to make a political statement and passing a bill they know will never become law, the Democrats in Congress have only delayed the delivery of the vital funds and resources our troops need," Bush said. "The clock is running. The Secretary of Defense has warned that if Congress does not approve the emergency funding for our troops by April 15, our men and women in uniform will face significant disruptions — and so will their families."

Bush said that to get the votes needed to pass the bill, House Democrats included billions of dollars in domestic and pork barrel spending for local congressional districts, including $74 million for peanut storage and $25 million for spinach growers, that has nothing to do with the war.



EU parliament to consider criminalizing IP infringement
Intellectual Property | 2007/03/24 10:46

The European Parliament Legal Affairs Committee Thursday adopted a report on draft legislation designed to curtail increases in design piracy by imposing criminal penalties on commercial-scale IP infringement. The committee cited alleged links between pirated goods and organized crime to justify penalties which include fines of up to €300,000 ($400,000 US) and up to 4 years imprisonment. The committee struggled with the resolution for years trying to determine its scope before settling on only punishing commercial infringers; previous versions of the legislation included criminalization of personal and non-profit infringement. The draft legislation will now be considered at a European Parliament plenary in April.

The criminal penalties instituted by the legislation are made possible by a landmark European Court of Justice ruling which established that the EU has the right to lay down criminal penalties in the individual member states. The legislation has sparked an outcry in the IT industry, because the draft includes an "aiding and abetting" clause that imposes harsh penalties if infringed material is found anywhere on an IT network. Simultaneously, music industry insiders are concerned that the law might not go far enough in punishing personal infringement and basically legalizes file sharing.



Judge issues permanent injunction against Vonage
Venture Business News | 2007/03/24 10:43

A federal judge on Friday issued a permanent injunction against Internet phone carrier Vonage (VG) for use of rival Verizon Communications' (VZ) patents.

Judge Claude Hilton said an injunction, which followed a jury decision that Vonage had infringed on three Verizon patents, is required because simply providing monetary damages "does not prevent continued erosion of the client base of the plaintiff."

Hilton said he will not enter the injunction for another two weeks while he considers Vonage's request to stay the injunction. Vonage is requesting a stay of either 120 days or until its appeal is heard.

But Verizon lawyer Dan Webb said any of Vonage's business difficulties should not be a factor in determining a stay. Webb said a stay will cause irreparable damage to Verizon because Vonage will continue to lock up the marketplace of Voice over Internet Protocol, or VoIP.

Webb said New York-based Verizon has already lost hundreds of thousands of customers to its competitor. Webb said Vonage officials have spent $425 million advertising their product "so they can lock up this emerging market and we can't get a toehold in it."



Lawsuit Against Google Dismissed
Venture Business News | 2007/03/24 09:55

A U.S. District Court judge has dismissed a lawsuit filed against Google by a company that accused the Web search engine of dropping Web sites from search results for political and religious reasons and skewing search results in favor of companies that compensate Google financially.

The lawsuit was filed by KinderStart , a parenting information Web site that claims it was illegally blocked from Google search results.

Judge Jeremy Fogel of San Jose, Calif., not only dismissed the lawsuit but granted a motion by Google to sanction KinderStart and one of its lawyers.

Fogel said Google can now seek "reasonable compensation" for attorney fees because KinderStart lawyer Gregory Yu filed claims that were factually baseless and did not perform an adequate investigation before filing the lawsuit.

Yu's claim that Google gives higher search placements to companies that pay for that privilege "should not have been made based upon the limited information identified by Yu," Fogel wrote in a ruling issued Friday. "Yu's purported evidence is either double hearsay or hearsay speculation as to the 'mysterious' causes of improvement in a Web site's position in Google's search results. Yu provides no evidence that would support KinderStart's broad attacks on the objectivity of Google's search results."

Judge Fogel said KinderStart's allegation that Google removes Web sites from search results based on political and religious reasons was also baseless.

"KinderStart does not appear to allege that KinderStart itself suffered any discrimination by Google for political or religious reasons," Fogel wrote. "It is true that Yu spoke with a number of people who believe that Google engages in religious or political discrimination, but a reasonable, competent investigation requires more than suspicions or belief. Yu had a professional responsibility to refrain from filing such allegations if he did not have appropriate supporting evidence."

In response to the ruling, Google released a statement from Hilary Ware, the company's litigation counsel: "We always felt these claims were unjustified, because courts have consistently rejected complaints over search engine rankings, so we're pleased that Judge Fogel promptly dismissed this case."

KinderStart may still be considering further action against Google.



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