Why the Real Snow White Was Murdered in Brussels

Many fairytales are based on real persons and events. Jacob and Wilhelm Grimm made it their mission to preserve Germanic folktales.

One of the most popular tales is for sureSnow White. But few people now that the story is based on a cause célèbre that took place in royal circles. It involves star-crossed lovers, child labor and death by poison.

The tantalizing tale starts with the beautiful Margaret, daughter ofCount Philipp IV of Waldeck-Wildungen and Margareta of Eastern Friesland. Margareta was Philipp’s sixth child. Her mother died when she was four. Her father remarried. His second wife Catherine of Hatzfeld was a strict stepmother. She died childless a few years before Margaret herself passed away.

Margaret grew up in Freidrichstein Castle near the German town of Waldeck. Life for many was far from a fairytale exisance.

For one, the area was known for its mining activities. The Waldeck family ownedgold, silver, copper, lead and iron mines. In the local copper mines, much of the work was done by small children. The brutal working conditions and malnutrition stunned their growth. They were referred to as “dwarfs”.

Furthermore, Margaret’s hometown was the hunting ground of a grisly murderer. A local man suspected some children of stealing from him, decided to take matters in his own hands by giving the little suspects poisoned apples.

By the time Margaret turned 16, her relationship with her stepmother had turned so bad, that her father decided to send her abroad. She went to live at the court of Brussels under the protection of Mary of Hungary. Needless to say, her father also sent her there to marry well.

The young beauty got the eye of two prominent suitors: the Spanish Crown Prince Philipp and the Dutch Count of Egmont. Both suitors showered her with gifts and attention. Margaret and Philipp became lovers and he contemplated marrying her. That created a major problem for Philipp’s father; Margaret was not eligible enough. Marriages at that time were alliances between families, not love matches. Margaret could not offer the future King of Spain Philipp II any interesting political ties or benefits.

Soon after, Margaret’s health started slowly to deteriorate as she mentioned in letters to her father. She also wrote her last will and testament in shaky handwriting resulting from tremors due to poisoning. When she passed away at the tender age of 21, rumor circulated that she had been poisoned by or someone who hated her or by the Spanish court to prevent Philipp from marrying her.

Her life might have been short, but her legend will live on for many more centuries to come!

(Image courtesy of the Royal Library in Bad Arolsen, Reference: Genealogica iconica seu picturata comitum in Waldeck, antehac in archivo asservata ca. 1580)

Throwing The Book At Bookworms – Texas Style

Poor Jory Enck! He borrowed a GED study guide in 2010. He got it at the Central Texas community of Copperas Cove located about 70 miles northwest of Austin.

In September 2013, a new law came into effect that defines the failure to return library books as thef, which is a felony. The new law makes sense; non-returning of library books drains recourses. In Texas alone, the libraries loose an estimated $18 million in “lost” books (around 1 million items). Since many communities have to deal with shrinking budgets and rising costs, they are looking for ways to have their library items returned in time.

The Texas procedure is as follows. Any library item that is not returned within 20 days carries a fine of $200. If this fine is not paid in time, a warrant will be issued by the municipal court for theft.

That’s what happened to Mr. Enck. The police went to his address due to a reported disturbance. Once they arrived, they arrested based on a previous warrant for theft of the study guide. He was promptly arrested for theft since he failed to return his overdue library book.

Mr. Enck was released on a $200 bond, and returned the book in question to library. He also turned to the media to state that he wouldn't set foot in a library again: He also said: "I think I will probably just purchase a book from Amazon."

Mr. Eck forgot to mention that he had not been able to return the guide earlier since he had to serve a three-year prison sentence for robbery.

Texas is not the only state cracking down on people like Mr. Enck. Iowa jails this kind of offenders for one week. A man from Newton (Iowa) served jail time of more than a week for not returning six CDs and eleven library books with a total worth of a whopping $770. Vermont and Maine are also cracking down people that don’t return their library items.

The Enck incident is for now an oddity. However, it could happen far more frequently in the (near) future, especially since after such an arrest, long overdue library items are suddenly returned.

So what do you think? Are libraries (and the government) correct to crack down on people like Jory Enck to preserve their assets?

Starbucks Costly Breach of Contract

Starbucks was recently ordered to pay Kraft Foods a whopping $2.76 billion. An arbitrator ruled that Starbucks had to pay for damages as well as interest and legal fees. Based on the rules of binding arbitration, Starbucks cannot appeal.

The story is as follows. Kraft began selling bags of Starbucks coffee in grocery stores at the beginning of September 1998. Starbucks prematurely ended the contract in March 2011 and gave the business to privately held Acosta Inc.

Starbucks then accused Kraft of multiple material breaches of contract, including mismanagement of the Starbuck brand. Kraft vehemently denied any such a breach, stating that if Starbucks wanted out of the deal, it needs to pay Kraft fair value for the business, estimated at $500 million a year in revenue. Obviously, the arbiter agreed with Kraft.

Gerd Pleuhs, general counsel for Mondelez (formally Kraft), said in a statement: "We're pleased that the arbitrator validated our position that Starbucks breached our successful and long-standing contractual relationship without proper compensation."

The original agrrement was supposed to expire in March 2014, and renew automatically for successive 10-year terms unless it is terminated sooner per the agreement.

The two companies have been fighting since Starbucks Corp. fired Kraft as its distributor of packaged coffee to grocery chains.

Mondelez, whose brands include Cadbury, Oreo and Tang, said that it plans to use the money left after expenses and taxes to buy back stock.

"We strongly disagree with the arbitrator's conclusion," Starbucks said in a statement. Starbucks is however able to meet this financial commitment without any problems.

Oh What A Web We Weave, When We As KLM Want To Deceive

The Dutch government decided to terminate its investigation into airline KLM’s involvement in its bribery of politicians if the tropical island of Bonaire. The Dutch Public Office was pressured to close its investigation prematurely. The so-called Zambezi-investigation came therefore to a screeching halt.

Zambezi kicked off in 2009 in order to investigate governmental corruption. The Dutch authorities investigated possible brines to reigning Christian-democratic Ramonsito Booi and his crony Burney El Hage. The official investigation was never officially finalized due to “time pressure”.

Mr. Booi arranged way back in 2001 for KLM to enjoy low kerosene tariffs. In return.7, the Dutch air carrier would subsidize Bonaire’s airport renovation; taking advantage of the problems KLM had with the island of Curaçao for accommodating g KLM’s intercontinental flights. KLM was looking for a way to fly directly from Amsterdam to Peru and Ecuador.

Witnesses stated that KLM had to pay the Bonaire Airport part of its gallon (3.7 liter) kerosene markup via supplier US Coastal. Ramonsito Booi would be one of the beneficiaries.KLM Director Mr. Peter Hartman, a personal friend of Mr. Booi stated that Hartman entertained Booi cum suis big time. He also allowed Mr. Booi to fly business class free of charge.

The Ministry of Justice (Mr. Mario Angela) concluded that Mr. Booi traveled a lot; he boarded airplanes a whopping 237 times between August 2008 and October 201. This accumulates to 6 flights per month during a three-year period!

The investigation was never completed thanks to the interference of Judge Frans Veenhof, who decided that the investigation had to be terminated. .

The Public Prosecutor therefore saw fit to dismiss the case *gasp*!

Two more cases could be investigated. These involve real estate transactions and mortgage fraud, which would force ,
Mr. Booi and Mr. El Hage need to appear in front of a judge in Bonaire to explain /justify their actions.

KLM declined to answer any questions. It stated via email “KLM does not affiliate itself at all in the content or any of the relating questions.”

Mr. Booi denies that he ever received any bribes.

How Teenage Murderer Ethan Couch Avoided Prison – Thanks To The “Affluenza” Defense

Texas teen Ethan Couch drove drunk and mauled down four people. Couch is only 16 year old and therefore not allowed to buy or consume any alcohol. Instead of facing an appropriate 20-year prison sentence, Texas District Court Judge Jean Boyd ruled the teen will only serve 10 years probation.

Ethan Couch was speeding a truck heavily under the influence (three times over the legal limit). He killed four people, including a mother and daughter and a youth pastor. Being a rich kid, his parents got their junior the best defense lawyers money can buy. His defense team argued that the murdering punk is not to blame, but *gasp* his parents.

You see, it’s all his parents’ fault! According to hired psychologist G. Dick Miller, Couch is a product of "affluenza", Yeah, that’s right, it seems that “growing up without any consequences for bad behavior, and living under the misconception that having money” gives rich kids like Ethan the feeling that they are above the law and that their affluent patents can fix any problem.

Texas District Court Judge Jean Boyd obviously agrees with the affluenza defense, which created a media storm.

As Ivy Reyes of Springfield quite correctly pointed out “I think he should be doing time just like anybody else would if they were from a lower class. They would be doing time. I don't think it's fair to say, “Oh, he had money. Let's give him a break and probation. What about the families who are suffering?”

The victims' families are (of course) devastated by Judge Jean Boyd’s inexplicable decision. Let’s not forget, thanks to delinquent Ethan Couch, one man lost his wife and daughter, which takes him (courtesy of Judge Jean Boyd) back to the beginning of his grieving process.

Boyd ordered that Couch could not have contact with his parents while receiving long-term treatment at an alcohol rehab center in cushy Newport Beach, CA which would cost his parents half a million dollars.

It makes one wonder – Does Ethan Couch even feel remorse? Or is he too busy getting drunk (again)?

Unilever US Pays Environmental Penaltyfor Indusrial Pollution

Dutch/UK conglomerate Unilever has agreed to pay a fine of 1 million USD (or 732,000 Euro) for violating environmental regulations in the US.

The fine relates to an incident that took place at the end of 2008 at one of its factories in the US town of Clinton, CT. Waste water was at that time processed incorrectly.

Uniliver, the US Attorney’s office (USAO) and the Environmental Protection Agency (EPA) hammered out the deal.

Unilever did notify authorities about the violation, but failed to do so within the mandatory two hours once it became aware of the violation.

Apart from the fine, Unilever decided to transfer a whopping 3.5 million USD to the State of Connecticut at its own accord. This notation is made to the Connecticut Statewide Supplemental Environmental Program. The donation will be used for environmental research and education, as well as a number of sustainability projects.

The factory where the accident occurred was located in Connecticut. That factory (employing 200 staff members) was closed in 2012. It used to manufacture Vaseline Petroleum Jelly. Pond’s and Dove face cream, Axe, Dove and Suave hair styling products, Dove lotion/shampoo/conditioner, as well as several other hair and skin care products.

UK Law Office Osborne Clarke Opens an Office in Amsterdam – Heralding a New Era of Increased Competition

The mid-sized UK law office Osborne Clarke is planning to open an office in Amsterdam. The Dutch office will open its doors in 2014. The reason is clear: Osborne Clarke wants to expand its European presence. The office will focus on the enterprise market with several dozens of lawyers.

Osborne Clarke is not the first foreign law office to enter the Dutch market. At the beginning of 2013, US law Jones Day opened an office in Amsterdam. But also US law firm Greenberg Traurig is looking for foothold in the Netherlands – according to the grapevine, it wants to take over boutique law firm Spigt Litigators.

These recent developments are rocking the Dutch law market and signify the end of a long era of stability. The last shift occurred during the turn of the century when a group of UK law firms, including Allen/Overy and Linklaters, opened offices in the Netherlands. It started a new trend: Dutch multinationals turned more and more to those UK offices for legal advice instead of hiring the services of their local Dutch counterparts.

With 600 lawyers on its payroll, recent market entrant Osborne Clarke is substantially smaller than Allen and Overy or Linklaters. Osborne Clarke focuses its law services on clients in specific sectors. As part of its strategy, it already opened offices in Brussels and Paris. Opening an office in Amsterdam is a logical step in its continental European strategy to cater to its international clients.

Quite likely, more UK and US law firms will follow suit and establish a foothold in the Netherlands. Dutch law firm have to handle the increased competition and find ways to stay competitive. The need to show why hiring them would serve Dutch multinationals better compared to those new foreign kids on the block  must be a priority.

(Image courtesy of Osborne Clarke)

What Soccer Players and Prostitutes Have in Common in The Netherlands

The Dutch window prostitution enterprise Freya Exploitation Ltd. has petitioned the Dutch Tax Authority to allow prostitutes to save tax-free for their “pension” - similar as Dutch soccer players are allowed to do.

According Ms. Wil Post, lawyer and board member at Freya: “Soccer players and prostituted both conduct hard physical work. They can only exercise their profession during a limited number of years”.

Dutch soccer players can save up to Euro 5,000 per month tax free if they make a lot of money. 

According to Ms. Post, this perk would also benefit prostitutes since they have to move on at one point in their career.

Lawyer Post argued  “The current exit programs are expensive. It would be better if they could save before they come to that point in their lives.” 

Ms. Post had a meeting with the Tax Authorities to discuss his proposal.

Freya is the brainchild of Ms. Caja van Tolie, a prostitute from Amsterdam goes by “Sabrina” as her professional name. She wants to rent out “window space” directly to the women (without any intermediate)  for a reasonable price. This would ensure a safe and clean environment.

Freya wants to set up a “bread fund” for prostitutes. The women have to contribute a monthly amount, which enables them to receive money from the fund in case of inability to work.

Will the Tax Authority grant Dutch prostitutes the same tax break as professional soccer players enjoy? Stay tuned!

Was Vincent Van Gogh Murdered?

In 2011, the New York Times claimed that Vincent van Gogh did not commit suicide, but was murdered. At that time, two Pulitzer Prize-winners (Steven Naifeh and Gregory White Smith) claimed that Vincent was murdered by two teenagers. 

In their more than 1,000 page biography “Vincent van Gogh. The Life”, the two authors explained how the Dutch painter was being harassed by Gaston en René Secrétan. According to the two authors, things heated up on July 27, 1890. Trigger-happy René Secrétan shot Van Gogh, who died two days later.

They claim that suicide was out of the question, since the suicide shot was sloppy (somewhere in the stomach area) and Vincent did not leave a suicide note. They also point out that the high output of paintings during the last week of his life did not indicate a lack of energy. Furthermore, there were lots of rumors in Auvers at the time that two youngsters had shot Van Gogh.

Louis van Tilborgh and Teio Meedendorp are connected to the Van Gogh Museum in Amsterdam. They published a book that concludes that Van Gogh did indeed commit suicide. They furthermore state that the murder theory of Naifeh and Smith is based on speculations.

The two Dutch researchers have solid evidence. The suicide shot was well-aimed. The wound was “between 3 and 4 centimeters under the left nipple” as stated by the medical examiner at the time. Furthermore, there was a brown discoloration around the wound that indicated “burnt gunpowder”. The gun must therefore have been fired at close proximity and not by René Secrétan. 

Quite likely, it was Vincent himself who fired the fatal shot. Furthermore, Vincent’s last paintings reflect extreme solitude and angst.

For now, Vincent van Gogh was not a homicide victim. Sadly enough, the genius did indeed take his own life. So let’s celebrate his genius, and stop speculating about his demise!

The Curious Case of Farrah Fawcett’s Andy Warhol Portrait

It comes across as an episode of  a Law and Order. It has all the elements: a priceless piece of modern art, an iconic actress who tragically passed away a sleazy ex-lover, a former quarterback, and a respected university.

It all started after Farrah Fawcett passes away and left all her artwork to her alma mater, the University of Texas at Austin. Her art collection included two portraits that the late Andy Warhol made of her. Created in 1980, the stunning paintings consist of synthetic polymer paint and silkscreen on canvas. One portrait already found its home in the University's Blanton Museum of Art. It’s the other one that is creating a legal and media storm.

The second portrait is currently in the possession of Ryan O’Neal, the former partner of the popular actress. O’Neal claims that Warhol painted one portrait as a gift for Farrah and the other one for him. He went on to state that although he handed over his one to Farrah, it was not a change of ownership.

O”Neil admits that “his” portrait normally hang in his Malibu beach house. He claims that when he was cheating on Farrah with another woman, his new lover told him that Farrah’s portrait made her “uncomfortable” - quite understandable considering the piercing eyes. He further stated that he therefore gave the portrait to Farrah to keep it for him.

The Texas Board of Regents wholeheartedly disagreed. Since the University of Texas is entitled to all art works formally owned by Ms. Fawcett, it promptly sued O’Neal stating: "The Warhol portrait is an irreplaceable piece of art for which legal damages could not fully compensate."

David Beck, lead counsel for the University of Texas, is planning to call some high-profile witnesses including Fawcett's former college sweetheart and Longhorns quarterback Greg Lott, Fawcett's and O'Neal's son Redmond O'Neal, Fawcett's best friend Alana Stewart, and Farrah’s "Charlie's Angels" co-star Jaclyn Smith.

Stay tuned!

The Sweet Smell of Suing Preferred Fragrance Inc.

Brooklyn-based Preferred Fragrance Inc. is being sued by Prada and Summit Entertainment for trademark infringement (LanhamAct).

Preferred Fragrance sees itself as a creator of “products that combine the same premium quality of a designer fragrance with affordable pricing and mass availability”. This sounds a lot like “they make it, we fake it”.

Prada produces Prada Candy, an eau de perfum that is sold for $82. The knockoff Party Candy can be ordered online for a mere $3.99. The look and feel of both fragrances are very similar. Prada has filed its lawsuit in the New York Southern District Court with Judge RonnieAbrams.

Summit Entertainment is also suing Preferred Fragrance for infringing on it Twilight IP. That lawsuit was filed in theCalifornia Central District Court with Judge Andrew J. Wistrich.

It is not the first time the company has been sued. In 2008 Estee Lauder Inc. and Clinique Laboratories Inc.  filed a lawsuit in the Manhattan federal court for trademark infringement, unfair competition, false advertising and dilution.

Although Preferred Fragrance has a mere annual revenue of $5 to 10 million, its parent company International Flavors & FragrancesInc. (NYSE:IFF) has deep pockets, so expect similar lawsuits in the (near) future.

Call for Papers for the Upcoming EUR Research Seminar on Austerity, Health and Human Rights

On Friday, November 22, 2013 the Erasmus University Rotterdam (EUR) will conduct a research seminar on austerity, health and human rights.

 “Austerity is devastating for the world’s poorest” stated Magdalena Sepúlveda of the UN reporting on extreme poverty. Various UN human rights organizations have voiced the same sentiment.

National experience regarding health care illustrates just how dire the situation has become. The hardships of austerity can be seen in countries such as Greece that had to depend on bailouts. Especially health professionals are concerned since cuts in financing harm the needy.

In contrast to the standpoint of the UN, various NGOs and concerned professionals, governments and international financial institutions point out that austerity is necessary given the current economic climate.

Some academics disagree. Robert Unger wonders if cuts in healthcare are really necessary in order to restart the economy, or if politicians use it as a convenient way to shift cuts those that don’t have the (political) cloud to retaliate.

SusanMarks feels that cuts in healthcare leads to infringement on human rights. She labels those cuts as neo-liberal economic policies that promote those cuts as the best way to solve economic issues.

Both scholars want to “politicize” and “radicalize” the human rights discourse and practices. They feel that the “liberal neutrality of other mainstays of the human rights movement” is counterproductive. This raises an interesting question: How should the human rights community respond to the current economic crisis?

The Erasmus University Rotterdam invites you to submit one or more papers addressing the questions outlined below. Papers should discuss the right to health in a holistic framework and include social parameters such as food, housing, energy and fuel:

• Are austerity measures necessary?
• What systemic or structural reasons or causes underlie the emergence of current austerity measures?
• Who benefits from austerity measures?
• Are there alternatives to austerity and what might those be?
• Beyond austerity can we envision another way based on human rights?

Academic researchers and practitioners are invited to address these questions from a human rights perspective. The seminar welcomes interdisciplinary scholarship.  Interested participants are invited to submit a one-page abstract that outlines their paper. In addition, a selected bibliography can be attached in a single page.

Successful participants will be given 20 minutes to present and 10 minutes for comments and questions. Publication of the seminar papers may be considered. All abstracts will go through a peer review process.

Interested participants can submit their abstracts to Mr Toby Hollen at: info@erasmusobservatoryonhealthlaw.nl not later than Friday October 11, 2013

Brian Holloway (a linebacker and gentleman) vs. 300 spoiled brads on a crime spree (and their delusional parents)

During the LaborDay weekend of 2013, 300 high school kids decided to have fun and broke into the $1.5

million home of former All-Pro NFL lineman Brian Holloway. They not only trashed his Stephentown, NY vacation home, but proudly tweeted about their step-by-step drinking, drug using and destruction spree.

The result of their “handiwork”?

• Around $20,000 in damages
• Scars on the floor from where they dragged keggers into the mansion
• Ruined carpets soaked with beer, liquor and other beverages
• Punched walls
• Graffiti on wooden walls
• 10 bags of empty liquor bottles, 50 empty bottles of liquor and drug paraphernalia

Amazingly enough, Mr. Holloway was extremely gracious about the episode. Being a father himself, he showed concern for these out-of-control brads and wanted to help.

He stated: “Everything broken can be fixed, everything that was stolen can be replaced, but 300 lives are in trouble. The most important thing is to save these kids lives.”

He appealed to the adolescent-delinquents-in-training (my phrasing, not his) to come forward and make amends by helping to clean up and help with a benefit for veterans. He also set up a website www.helpmesave300.com where almost all of the photos and tweets have been uploaded from the Labor Day weekend destruction spree (Chapeau for social media and the vanitas vanitatis of adolescent narcissists!)

On this site, Holloway wrote: "Come out and help set up, fix up, bring food, and picnic stuff, so we can honor these real HEROS. I'm here. Come now. Take a stand for your future. This is called redemption."

The response: only one (1) showed up! (I applaud this kid and his/her parents). It however painfully illustrates that a staggering 299 spoiled brads and their dysfunctional parent units just did not give a damn. Even worse: some of those parents are angry about the web site and the posted photos of their little darlings. They even threatened to sue Holloway.

His baffled response: "Your kids are in my house breaking and stealing my stuff and you are mad at me because I posted pictures that they took and posted themselves of them partying and tearing things up?"

Note to the patents of @nicky_roden23, @mhart7, @_cwarren2546, @DFresh518, @@RickNels, @Alwiha_Skaarup, @BigTone5621, @ricky_roden23 – please wake up and smell the coffee. Your kid is on a slippery slope to deviant behavior/crime (that cannot be justified as a “youthful indiscretion”). Your offspring is exposed now and will be searchable for years to come on the World Wide Web. The tweets and pics (posted by your brads themselves with the smartphones you pay for!) will impact their admission to a decent college/university as well as any job application since it shows that they committed a criminal act. So success with that! As the parent unit of an out-of-control kid – please make amends. It’s the least you and your kids can do.

Some gems posted by the little thugs (for future reference and general amusement): 

Guatemala Is Cracking Down On Cell Phone Thieves

In most countries, stealing a cell phone is prosecuted as petty theft. In Guatemala, this kind of theft has grown into a “national emergency”.  Cell phone theft is often violent, resulting in grave bodily harm and even death.

Guatemala is a country with around 15 million residents and a phone theft of 12,000 everymonth. According to the Superintendency of Telecommunications, a staggering 142,745 cell phones were stolen in 2012, representing an increase of 40% compared to the previous year 2011. It means that every 4 minutes, a person is robbed of his/her cell phone.

Guatemala decided to tackle the problem. Recently, the Congress passed a law making cell phone theft punishable with stiff prison sentences of up to 15 years and fines up to $ 31,250). Furthermore, the passed law also creates a national register of devices used in the country.

According to the new law, cell phone theft:

• Carries penalties of between 5 to 10 years in prison for thieves- without possibility of parole
• Carries fines of 40,000 to 100,000 quetzals ($5,000 to $12,500) for people who purchase phones from questionable sources
• Carries prison sentences of 6 to 10 years for persons selling cell phones illegally
• Carries fines of 100,000 to 250,000 quetzals ($12,500 and $31,250) for individuals selling phones illegally

Furthermore, the use of cell phones in prison, by inmates or employees will also be punishable under the new law.

We can only applaud Guatemala on its initiative!

(Image: Courtesy of Corporate Travel Safety)

Dutch Radboud University Demands The Right To Publish Research On Hacking Security Codes Of Luxury Cars

Scientific researchers Baris Ege and Roel Verdult are two researchers at the Radboud University in Nijmegen, the Netherlands. Together with FlavioD. Garcia, a colleague at the University of Birmingham, they conducted research on how secret codes of luxury cars can be hacked.

In their article “Dismantling Megamos Crypto”, they describe in detail how the security method Megamos Crypto can be hacked. Megamos Crypto is used in luxury brands such as Volkswagen, Bugatti and Bentley.

The research was slated to be published and presented in August 2013 at the USENIX security symposium in Washington. The Volkswagen Group requested that the researchers would publish their article without describing the exact code. The three scientists refused “out of principle” claiming that the general public has a right to know about security holes and flaws in car security systems.

The Volkswagen Group went to court, arguing that publication of the article would “facilitate” gangs specializing in luxury car theft. The judge agreed and issued an injunction, stating that the article could lead to theft of millions of cars such as Porsches, Audis, and Lamborghinis.

The Radboud University expressed its disappointment since “the injunction does not comply with freedom of academic publishing”. The university also pointed out that to steal a car, cracking the security code is not enough. “Our researchers found out how the immobilizer can be turned off. However, the thief must also get into the car to disengage the car alarm.”

The universities will fight for their right to publish in court at a later date.

Pippa Middleton Takes Legal Action Against @PippaTips The Streisand Effect

Mat Morrisroe and Suzanne Azzopardi started tweeting as @PippaTips. Their hilarious tweets spoofed Pippa’s predictable party tips.

Some gems include;

@PippaTip: avoid awkward silences by talking

@PippaTip: when driving at night lights aren't only a legal requirement, but a fun way of seeing the road and other things

@PippaTip: if you're shopping on a budget, try purchasing things that cost less to buy

@PippaTip: breakfast is a yummy way to get rid of hunger after waking. Toast (re-cooked bread), cereal or eggs with bacon are always winners

@PippaTip: the weekend is a good opportunity to do things you don't have time to during the week

@PippaTip: headache tablets can be a great in helping deal with a headache

@PippaTip: form friendships by being nice to people you like

@PippaTip: a refreshing afternoon nap can be enjoyed by taking a nap in the afternoon

With more than 50,000 Twitter followers, the dynamic duo launched "When One is Expecting: APosh Person's Guide to Pregnancy and Parenting". It’s a parody of Pippa’s quiteunsuccessful book Celebrate.

Ms. Middleton was not amused and instructed her lawyers Harbottle &Lewis LLP to demand that the @PippaTips Twitter account must be deleted

Part of Pippa’s chagrin could be the fact that the spoof is outselling the original on Amazon. Celebrate ranks at #3,370, while the @PippaTips book ranks at #961.

Sales in bookshops are still better for Celebrate. Pippa did not do herself a favor with her public outcry. It generated a lot of publicity that only helps to boost sales for @PippaTips. It’s a classic example of the Streisand Effect.

Fatal Attraction – Economist Heleen Mees Arrested in New York For Stalking Former Lover

Dutch economist Heleen Mees has been arrested in New York for stalking, harassing and aggravated harassing Willem Buiter. Her court date is May 5^th. 

She was released after posting bail set at $5,000.--.

Furthermore, Manhattan Criminal Court Judge Robert Mandelbaum issued Mees an order of protection and demanded she stay away from Buiter and his family.

“Do not call them, do not go to their home, school, businesses, place of employment . . . no email, no text messages, instant messages, no phone calls, letters, fax or voice messages,” the judge said.

Ms. Mees apparently sent more than 1,000 emails over two years to Mr. Buiter, a chief economist at Citigroup. The two had an affair. Ms. Mees was crazy about Buiters. But once the romance went sour, Mees went into fatal attraction-mode, sending racy, to X-rated, to demented emails. Threatening emails were not only sent to Buiter himself, but also to his wife Anne and children. She even continued to contact him after receiving a cease-and-desist letter.

According to the filed court papers, emails included:

“What can I do to make it right? Shall I lick your b---s?”

“Shall we adopt a child?”

“Hope your plane falls out of the sky.”

In addition to sending him X-rated images of herself, she sent him a photo of dead birds. Go figure.

Heleen Mees currently lives in NYC and was previously lecturing at the Dutch Universities Universityof Tilburg and the Eramus University Rotterdam (EUR). She also served as the Adjunct Associate Professor in Economics at Robert F. Wagner Graduate School of Public Service. 

Ironically, she is known for her feminism, being a co-founder of “Women on Top”. She also wrote for the prestigious Dutch financial newspaper FD. 

German Court Rules: Autocomplete of Google Searches Can Be Illegal

The founder of a public company sued Google (NASDAQ:GOOG) since googling the name of his company offered autocomplete searches that connected the company’s name with "Scientology" and "Fraud". According to the plaintiff, these autocompletes were baseless. Furthermore, they infringe on personal rights as well as corporate image.

The GermanFederal Court of Justice agreed and ruled that Google’s autocomplete function sometimes present suggestions that are considered to be a breach of law. With this ruling, the court overturned the verdict of the District Court of Cologne.

The ruling could help former First Lady Bettina Wulff with her lawsuit against Google. When her name is googled, Google’s autocomplete function offers additions such as "red light district" and "escort." Needless to say, the lady is not amused.
 
The ruling does not imply that Google is liable for each and every autocomplete. Owners of search engines “Are not obligated to check the legality of autocomplete searched proactively for liability”. Only when a victim reports infringement must the search engine owner take action.

Google spokesperson Kay Oberbeck explained that the autocomplete suggestions are generated by users searching Google, not by Google itself.

According to German lawyers, Google’s autocomplete function could go two ways: (1) the autocomplete function will be completely deactivated in Germany, or (2) users will be automatically able to remove autocomplete suggestions.

One thing is clear, Google has to react quickly!

German Fashion Designer Philipp Plein is Taking (Legal) Action Against Robert Geiss for IP Infringement

Robert and Michael Geiss founded “Uncle Sam”, a sports apparel label in 1986 and sold it in January 1995 for a reported 140M. DM.

Robert Geiss and his family have a reality show on German TV “The Geisses – a terribly glamorous family”. The family resides in tax haven Monaco ("A sunny place for shady people").

At the beginning of March 2013, Robert Geiss launched his new fashion label "Roberto Geissini". According to fashion designer Philipp Plein, Geiss ripped off his designs – especially his trademark skulls, ornate lettering, and bling-bling.

In contrast to Geiss, Plein is a well-established fashion designer. His "heavy metal" collection featured on "Germany's Next Top Model" presented by Heidi Klum. At the Nuremburg Toy Fair 2009, he collaborated with Mattel (NASDAQ:MAT) in creating the Philipp Plein Barbie doll to celebrate 50 years of Barbies. 

Plein has stores in Monte Carlo, Milan, Vienna, Moscow, St. Tropez, Cannes, Kitzbühel, Düsseldorf, Forte dei Marmi, Hong Kong, Marbella, Baku, Dubai, St. Petersburg, Seoul, Macau, Amsterdam and Berlin. Plein also dresses the team players of A.S.Roma.

The Roberto Geissini fashion like also feature skulls, ornate lettering, and bling-bling. It raises the strong suspicion that Geiss is a copycat.

Needless to say, Philipp Plein is checking his legal options, stating that “we take action on each instance of counterfeiting.” He explained to the Berlin newspaper “BZ” that the house style is “unique” and that “people buy Philipp Plein for its brand, not just as a product.”

In the end the court will have to decide if bling-bling skulls can be seen as IP. As it looks now, Geiss is for sure guilty of piggy-back riding – and may be of infringement of IP.

IP Rights Take Precedent over Nature – Courtesy of the US Supreme Court

Mr. Bowman, a 74-year-old soybean farmer, bought soybean seed from a local grain elevator that was contaminated with the patented seed. He used those seeds in good faith to produce soy beans on his 299 acres of farmland.

Bowman began purchasing Monsanto’s patented seeds in 1999 and, because of the licensing agreement, did not save any of the seed for future planting. But he also bought so-called “commodity” seed from a local grain elevator, which acts as a clearinghouse for farmers to buy and sell seed.

The elevator’s seed was contaminated with Monsanto’s patented seed since more than 90 percent of the soybeans planted in the area were Roundup Ready crops. Mr. Bowman planted that commodity seed which was substantially cheaper to purchase. He produced a second, late-season crop, which is generally more risky and has lower yield.

He also used seeds generated in one late-season harvest to help produce subsequent late-season crops.

According to Monsanto, the farmer should have known that the seed was Monsanto’s IP since the seeds were resistant to herbicides.

Monsanto promptly sued the farmer for patent infringement which case Mr. Bowman (quite correctly) won. The farmer’s lawyer argued that “this issue affects every farmer in the country and the method of planting that farmers such as Mr. Bowman have used for generations.”

Monsanto appealed to the Supreme Court to get its pound of flesh. Mr. Bowman argued that the Supreme Court should analyze whether the law allows patent holders to “continue to assert patent rights after an authorized sale.”

The case therefore centered on the question how far down the stream of commerce (e.g., the farming cycle) is a company such as Monsanto allowed to enforce its patents. This is even more poignant since soybeans can easily self-replicate.

A lower court, an appeals court, the Barack Obama administration and the Supreme Court all claim that the stream is virtually endless.

The US Supreme Court has for the first time backed patents for a self-replicating technology. It ruled in favor of Monsanto’s “Roundup Ready” soybeans, along with its licensing agreement that allows farmers to use them only once.

This licensing agreement with forbids farmers to resell the seeds for commercial planting, and those seeds can also not be used for research, crop breeding or seed production.

The ruling is a clear sign of how patented, genetically modified organisms get legitimacy. The Supreme Court ruling was unanimous. It ruled IP rights take precedent over nature – go figure!

In this case, the court ruled against an Indiana soybean farmer. A lower court ruled in favor of the Monsanto and ordered the farmer to pay $84,456 in damages and costs to Monsanto in 2009 for infringing its soybean patents.

Justice Elena Kagan explained: “If simple copying were a protected use, a patent would plummet in value after the first sale of the first item containing the invention. The undiluted patent monopoly, it might be said, would extend not for 20 years as the Patent Act promises, but for only one transaction. And that would result in less incentive for innovation than Congress wanted.”

According to Kagan, “were the matter otherwise, Monsanto’s patent would provide scant benefit.” As a fellow lawyer, I can only say: So what? Not every patent is enforceable, let alone profitable!

The Obama administration instructed the Supreme Court that its justices should not concern themselves with the eventuality that such rigid patent protectionism could undermine traditional farming techniques. The administration went on to point out that Congress “is better equipped than this court” to handle these issues. Is the government not blatantly interfering with the justice system? A slippery slope indeed!

Monsanto informed the Supreme Court that if it would rule in favor of the soybean farmer, it would doom its business model.

In my lawyer’s opinion, this decision is bad, really bad. Farmers who buy seed in good faith should be able to use them to use them to produce food for all of us. Monsanto might have scored a commercial victory, but on the marketing and PR front – the company lost big time!

Harper Lee Sues Her Agent Samuel Pinkus Over ‘Mockingbird’ Royalties

For those of you who don’t know - Harper Lee is the author of one of my favorites – “To Kill a Mockingbird” which was published in 1960. The novel is set in the racial South and won a Pulitzer Prize. It was also turned into a compelling movie featuring the legendary actor Gregory Peck who won an Oscar for his portrayal of lawyer Atticus Finch.

Harper Lee is still alive, at the ripe age of 87. Ms. Lee has failing eyesight and hearing. She resides in an assisted-living facility since 2007 after suffering a stroke.

Harper Lee engages McIntoshand Otis as her literary agent for many years. When Eugene Winick,one of the principles at the firm became ill in 2002, his son-in-law Mr. Samuel Pinkus took over. Pinkus was sued by McIntosh for stealing several clients, including Ms. Lee.

In 2007, Ms. Lee signed a document assigning her copyright to her agent’s company. The idea was that her agent, Mr. Samuel Pinkus, would act on her behalf.

Once Harper Lee found out that her agent took advantage of her advanced age and infirmity to swindle her out of royalties due to her. She promptly sued at the federal court in New York. ( Lee v. Pinkus, 13-3000, U.S. District Court, U.S. Bankruptcy Court,Southern District of New York (Manhattan).

Samuel Pinkus et al are sued to confirm Harper Lee’s copyright ownership of “To Kill a Mockingbird”.  In her suit, she asks that all commissions received by Pinkus will be forfeited.

Last year, Lee’s copyright was re-assigned to her after legal action. Samuel Pinkus was fired as her agent. However, he kept receiving royalties from sales of “To Kill a Mockingbird” as detailed  in the legal complaint.

According to Harper Lee’s lawyer Ms. Gloria Phares: “Pinkus knew that Harper Lee was an elderly woman with physical infirmities that made it difficult for her to read and see.  Harper Lee had no idea she had assigned her copyright.”

The defendants, Samuel Pinkus and his wife Ann Winick did not respond. Ms. Winick is the president of Keystone Literary LLC and listed as a defendant. Another named defendant, Gerald Posner, also did not respond. Mr. Posner is a New York lawyer and investigative journalist who incorporated one of Pinkus’s businesses.

Ms. Lee wrote an amazing novel that inspired generations. Taking advantage of her is just obnoxious. Let’s hope that the court sees it the same way.