This Machine Kills Accountability: The Ongoing Persecution Of Good Cops

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There are several ways the many problems with American policing could be addressed, but maybe a good starting point would be the way good cops are treated. It takes a concerted effort to remove a bad officer from the force. And, far too often, an ousted officer simply finds a new agency to work for.Good cops are a relative rarity. There are several who go through their career with a minimal number of sustained complaints, but that alone isn't enough to earn them the label of "good." Far too many are unwilling to speak up when misconduct occurs. Of course, the entire system discourages officers from speaking up. Those that do are ostracized, at best. At worst, they're pressured into giving up their law enforcement career.There's no better example of law enforcement's skewed priorities than the follow cases. In the first, officers who leaked body cam footage to the press to expose an officer's abusive behavior are facing more serious consequences than the cop they exposed. (via PoliceMisconduct.net)

The officers are accused of downloading and leaking body camera video and confidential records on Officer William Martin. The video shows Martin’s controversial arrest of Jacqueline Craig – the Fort Worth mother who called police to report an assault on her son, back in December.Officer Martin received a suspension for his actions, but Pridgen and Keyes were demoted. As a result of that demotion the two are no longer a part of Chief Fitzgerald’s executive team and both have been busted down to the rank of police captain.

“My son is 7-years-old, [he] don’t have the right to grab him and choke him,” Craig tells Martin, referring to the neighbor.“Why don’t you teach your son not to litter,” asks Martin in a mocking and accusatory tone.“He can’t prove to me that my son did or didn’t, but it doesn’t matter,” Craig says. “That doesn’t give him the right to put his hands on him.”“Why not,” Martin asks.

At the press conference this morning Craig’s attorney, Lee Merritt, talked about the punishment for Officer Martin versus the punishment for the FWPD officers. “Martin amassed a series of felonies on that day from assault, to aggravated assault, to perjury, official corruption, false arrest [and] to each of these he received no criminal investigation, no criminal prosecution. He received a 10-day vacation and he was returned to the force with a scheduled promotion,” Merritt said.

A West Virginia police officer who was fired after not shooting an emotionally disturbed man with an unloaded gun filed a civil rights lawsuit Wednesday against his former department.Mader's lawsuit, filed Wednesday on his behalf by the American Civil Liberties Union of West Virginia and the law office of Timothy O'Brien, claims he was wrongly terminated, and that the county, city and police department violated his First and Fourteenth Amendment rights. He is seeking compensatory and punitive damages in excess of $75,000.

The department said Mader did not attempt to deescalate the situation, first yelling profanity at Williams and then freezing. City officials also said Mader was fired due to "multiple" prior incidents, including performing a search of a car without probable cause. Mader's lawsuit says those statements are false. Officials also called him a "disgruntled employee" and "a bad cop."The officer who shot Williams texted Mader after the press conference, according to the lawsuit, and called him a "coward" who "didn't have the balls to save [his] own life."

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Two Big Copyright Cases Sent To Top EU Court: One On Sampling, The Other On Freedom Of The Press

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Back in 2012, Techdirt wrote about one of the longest-running copyright sagas. It involved a 2-second rhythmic sample from the Kraftwerk track "Metall auf Metall", which was used by the German rapper Sabrina Setlur in a single called "Nur Mir". After the case had ping-ponged around various German courts for 12 years, a decision by Hamburg's highest regional court seemed to be the end of the matter, as Tim Cushing described in his comprehensive post. But in 2016, Germany's constitutional court took a look, and now a press release from the country's highest court (original in German), the Bundesgerichtshof (BGH), informs us that the case is still not yet over, and that it is moving up a level. The BGH has asked the Court of Justice of the European Union (CJEU), the top court in the EU, to clarify some basic points of law. A post on the IPKat blog runs through the details, and notes that one of the issues is:

What role the rights granted by the Charter of Fundamental Rights of the European Union plays: in particular, what is the relationship between copyright protection (Article 17(2)) and freedom of the arts (Article 13)?

The second reference (I ZR 139/15 - Afghanistan Papiere) has been made in the context of litigation between the German Government and German newspaper WAZ over the unauthorised publication by the latter of the so called 'Afghanistan Papers', ie confidential military reports on the operations of the Germany armed forces in the region in the period 2005-2012.

can copyright protection be trumped by the need to safeguard freedom of the press and freedom of information? Or can fundamental rights be even directly invoked to prevent enforcement of copyright?There is probably no need to note that this question goes to the very heart of copyright protection, and will revive the longstanding discussion around the scope of protection.

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