Tim Pim Blog

As you may know, Google is making an effort to scan every book in the world. The goal is to create a giant online database of every book that can be searched. One small problem is the fact that Google is violating copyright laws.

Copyright

Google argues its book database doesn’t violate copyright laws. The company suggests it only shows short passages and accompanies the text with ads showcasing where the full books can be purchased. Of course, the ads are Google Adwords from which the company makes a tidy profit.

On Tuesday, the search goliath rolled out stand-alone book search services in 14 countries. The same day, the Text and Academic Authors Association (TAA) became the latest publishers’ organization to call Google’s opt-out strategy backwards.

Authors, Publishers and publishing associations are not happy. While Google only publishes the full text of books in the public domain, it is still copying entire books for which it has no permission. Google claims it can do this because the books are being scanned from versions owned by public libraries. Fearing an avalanche of lawsuits, Google backed off.

In August, Google stopped scanning copyrighted books in public library collections. At the same time, it gave publishers the right to submit lists of books the publishers didn’t want scanned. As you can image, publishers still aren’t happy.

The Arrogance of Google

Once viewed as the underdog to giants such as Microsoft, Google continues to act like the local school bully. In this case, the company has taken such an arrogant approach that lawsuits are inevitable. Google is going to take a beating in the lawsuits and here is why.

Consider the neighborhood you live in. What if a local crime syndicate informed every household it was going to steal everything in each household. Undoubtedly, there would be calls of outrage. In response, what if the crime syndicate then suggested you could send a list of items in your house that you didn’t want stolen? This is exactly what Google is doing.

Google’s decision to scan every book in the world is idealistic, but laughably simple minded. At a time when the recording industry is suing teenagers for file swapping, one would think Google would get a clue.

Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com - providing legal services and legal advice to businesses in San Diego, California.

My Aunt Betty’s closest companions have always been her cats. Ever since I was a boy, my family never traveled to the Midwest to visit just Betty. It was always Betty and Roscoe or Betty and Fluffy. She’s always loved those feline friends and, as age crept up on her, she started to speculate what would become of them upon her eventual demise.

Apparently Betty thought this was a concern of mine as well because over the weekend I received a telephone call to say all was taken care of - a Pet Trust has just been signed.

Doris Duke, the tobacco heiress, was one of the first to set up such a trust when she left $100,000 to Rodeo, her Shar-Pei. Others followed, but courts often frowned on their validity because the trust was not based on a human life.

This changed in 1993 when a number of states starting adopting model legislation drafted by the Uniform Probate Code, which allowed trusts to continue for a pet’s lifetime. Arizona, California, Colorado, Hawaii, Missouri, Montana, New Mexico, New York, Nevada, North Carolina, Oregon, Tennessee, Utah and Wisconsin all allow some form of pet trust.

You can have the trust take effect whenever you’re unable to care for your pets, usually upon death or disability. Like other trusts, you fund the instrument with enough assets to take care of your pets for their expected lifetime. As a general rule, the amount should not be “excessive.” A trustee is appointed to oversee and distribute the assets. A caregiver is also appointed to physically take possession and care for your pets.

If you don’t know a trustee or caregiver, check with the local humane society or other animal organization in your area. Many of these organizations have programs set up to assist in this matter.

Pet Trusts do not come without some concerns.

It is important to understand that while trusts can be set up for pets, leaving property to an animal via a will is still not recognized.

If a pet is very young, you might also run across the “rule against perpetuities,” which forbids a trust going on forever. This shouldn’t be a problem with a 13 year old dog, but what if you die with a 3 year old tortoise? Recently, a tortoise died in India that was estimated to be 255 years old. Adwaitya (the tortoise’s name) could have wracked legal havoc with a trust.

Aunt Betty is lucky enough to live in a state that allows trusts but, even if she didn’t, some alternative plans are possible. Leaving her pet (and money to take care of it) to an individual willing to love Fluffy is one of them.

As with any kind of estate planning, a competent attorney should be used who has some experience in this area.

If it’s important to you that Fido continues on the gravy train even after you’ve ridden your last train, then a Pet Trust is something to look into.

Now if I could only learn to meow and lick myself clean, maybe Betty would set up a trust for me.

You have an injury on the job and have received medical care but then the Workers Compensation Insurance Company turns down your claim. What can you do?

First, you need to find out if your employer filed an accident report with the insurance company and the Virginia Workers’ Compensation Commission. If so, what was on it? Did it accurately relate an accident at work that occurred at a specific date and time? You can call the Commission at 1-877-664-2566 and check to see if the accident report was filed.

Second, did your treating doctor provide the insurance company with a medical report stating (1) you had an accident (2) this accident resulted in an injury (3) the diagnosis of the injury, for example, back strain and (4) that you are out of work for a number of days or weeks due to this injury. You can obtain the Attending Physician Report Form at the Commission website at
http://www.vwc.state.va.us.

Third, when the insurance company called to take down your recorded statement, what did you say? If you said I don’t recall when I was injured, or I don’t recall when I first felt the “pain in my back,” or I didn’t have any problem at work and only had some pain when I got home, then this may be the reason why your claim is denied. You must specifically (1) relate an accident; (2) state you were at work; (3) relate your symptoms to this accident; and (4) have a doctor’s note that relates your symptoms to this accident.

Fourth, the “denial letter” from the insurance adjuster will probably only say “your accident is not compensable under the Virginia Workers’ Compensation Act.” Of course, this is not enough information to know why your claim is denied. However, if you review the above information you may detect why it is being denied.

Fifth, if you have filed a Claim for Benefits for your injury with the Virginia Workers Compensation Commission, then the Commission will sent our a 20 day letter requesting the insurance company to respond in 20 days either accepting the claim or explaining why it is being denied. The Commission does require the insurance company to specify on its response why the claim is being denied.

Sixth, in the case of a “severe injury” at work that has been denied, you should seek the advice of an experienced workers compensation attorney as soon as possible. Finally, claimants need to be aware that attorneys specialize like doctors. Thus, one should not just consult any attorney but preferably consult one who specializes in Virginia workers’ compensation law.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Gerald G. Lutkenhaus–has been doing workers compensation in Virginia for over 30 years. In the July 1999 issue of Richmond Magazine he was rated one of the Best Attorneys for Workers Compensation in Central Virginia. In 2003 he was giving the rating of AV by Martindale Hubbell.

You can get more information from http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com