Owen Edwards
Puisne Justice
Posts: 1,400
Talossan Since: 12-8-2007
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Post by Owen Edwards on Apr 22, 2014 11:38:44 GMT -6
The case is so assigned.
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Post by Béneditsch Ardpresteir, O.SPM. on Apr 22, 2014 12:32:47 GMT -6
Err... Bro Magistrate, shouldn't you have waited for the King to have assented to the Acts?
It is clarified that I have no reservation to the assignment. I am only on a procedural aspect only.
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Post by Adm. T.M. Asmourescu, O. Ben. on May 29, 2014 20:30:20 GMT -6
Will the honorable magistrate consent to hear the matter before the court?
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jun 22, 2014 9:54:39 GMT -6
Just quickly peeking in to inform the parties that as soon as the King assents (and officially appoints me), we will begin this hearing. All parties to this case should be ready to go very soon.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jun 30, 2014 16:48:47 GMT -6
Magistrate dal Nordselva bangs his new gavel,
Court is now in session!
As this case has been idle for some time now, and having received the brief from the plaintiff, the court invites the attorney representing Sir Alexandreu Davinescu to file his or her brief. The court will allow for two weeks from today (July 14, 2014 at midnight Talossan time) for briefs to be filed. After receipt of the defendants brief, the court will then review and proceed from there.
- Magistrate dal Nordselva
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Post by Sir Alexandreu Davinescu on Jul 3, 2014 20:45:07 GMT -6
My congratulations to the new Magistrate! I'm glad to see this case get going, and I hope we will address the relevant legal issues in short order. If it is acceptable to this cort, Epic da Lhiun, the Attorney-General, has been assigned by the Seneschal to assist in defense of the case on behalf of the Government. He will be assisting me in legal strategy, and I would request that this cort admit any briefs he wishes to file for the defense. My own initial defense will be ready by the date assigned. I would first like, however, to present into evidence some key documents that will be relevant. I ask that the petitioner stipulate that they and my descriptions are accurate, in general and in every particular. Item A is the following image/text, taken from the TalossaWiki website. It displays the Copyright Policy of TalossaWiki, both currently and at the time that the petitioner uploaded all of the material under contention to TalossaWiki. Item B is the following image/text, taken from the TalossaWiki website. It displays the text shown by TalossaWiki during the process of making every edit to a page. Petitioner was shown this message each time that he uploaded text to the page under contention. Item C is the following image/text, taken from the TalossaWiki website. It displays the page under contention, as it appeared on 9 May 2013. This was the version of the page visible on 6 Jan 2014, prior to the petitioner's attempt to remove most of this material from TalossaWiki. Item D is the following image/text, taken from the TalossaWiki website. It displays the page under contention, as it appeared on 6 Jan 2014, subsequent to the petitioner's editing on that date. Item E is the following image/text, taken from the TalossaWiki website. It displays the page under contention, as it appeared on 4 Mar 2014, and as it appears currently. Item F is the following image/text, taken from the TalossaWiki website. It displays the image under contention, and indicates (a) that the uploader was the petitioner and (b) that the petitioner selected the "own work" form of license for the image. Item G is the following image/text, taken from the TalossaWiki website. It displays the Privacy Policy of TalossaWiki, both currently and at the time that the petitioner uploaded all of the material under contention to TalossaWiki. Item H is the following image/text, taken from the TalossaWiki website. It displays the image upload page of TalossaWiki, as well as the dropbox which must be manually selected and altered to choose an image license.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jul 4, 2014 0:48:14 GMT -6
The Cort will review the request and documentation provided in short order. Due to the holiday tomorrow, I cannot guarantee a response from the Cort until the weekend or early next week.
If more time is required by the defendants, the Cort will entertain any requests.
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Post by Adm. T.M. Asmourescu, O. Ben. on Jul 4, 2014 8:30:33 GMT -6
We stipulate as to the authenticity of the screenshots as presented.
We intended to present as evidence the wiki entries relevant to Dr. Greg Rajala, former Regent of the Kingdom. Upon search, however, we found no page for this individual. We humbly request that the defendants stipulate to the fact that all links for "Greg Rajala" point to a nonexistent page and that all references to "Greg Rajala" on the wiki are merely incidental to specific events.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jul 4, 2014 9:58:49 GMT -6
Items A through H are admitted into evidence.
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Post by Sir Alexandreu Davinescu on Jul 4, 2014 16:51:22 GMT -6
We can stipulate that at this time there is no article on Greg Rajala on the wiki, but with the proviso that any user may create one at any time, and so one may exist at a later point of the trial. Indeed, with a figure of such importance and the continued evolution of the site, that may well happen.
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Post by Adm. T.M. Asmourescu, O. Ben. on Jul 5, 2014 7:40:33 GMT -6
Your Worship, begging the court's indulgence, we had asked a direct question to the defendant regarding the stipulation of an article related to Dr. Greg Rajala, we received a heavily qualified response. To finally put to bed the issue of entered evidence and stipulated fact, we ask the defendant to merely clarify:
Was there ever a page specifically about Dr. Greg Rajala and was any inclusion of Dr. Greg Rajala's information removed at his request?
We will save all argument for our response to Defendant's reply brief. Following this response, your Worship, we will be satisfied with the evidence and facts as entered.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jul 5, 2014 10:00:01 GMT -6
The court would admonish the plaintiff in restating its request for evidence. In the original request for evidence, the plaintiff stated "We humbly request that the defendants stipulate to the fact that all links for "Greg Rajala" point to a nonexistent page and that all references to "Greg Rajala" on the wiki are merely incidental to specific events.." In the subsequent request, the plaintiff asked the defendant "Was there ever a page specifically about Dr. Greg Rajala and was any inclusion of Dr. Greg Rajala's information removed at his request?"
While it is clear that the defendant stipulated to the original request based on certain conditions, the court would point out that the plaintiff has asked two entirely different questions. The court is satisfied with the defendant's stipulation but would ask that further stipulations from either party not be weighted with conditions.
The court will await either a reply brief from the defendants or an answer to the plaintiff's request.
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Post by Sir Alexandreu Davinescu on Jul 5, 2014 12:40:46 GMT -6
The plaintiff's request now amounts to a request that I do research on his behalf. I am afraid that I am busy working on my defense, and cannot research questions of fact for him, such as whether or not any such page was removed at anyone's request. I don't know the answer to those questions.
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Post by Adm. T.M. Asmourescu, O. Ben. on Jul 5, 2014 13:05:41 GMT -6
We raise no further issues and eagerly await the defendant's reply brief.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jul 5, 2014 13:10:27 GMT -6
The court will entertain no further interactions between the parties until such time as an answering brief is filed by the defense and would remind the plaintiff to refrain from changing in any substantial way his statements before the court.
Upon review of this ruling and allowing for the plaintiff's statement of satisfaction with the defense stipulations which were not part of the record when this ruling was made, the court reverses itself on this ruling and awaits the defense brief(s).
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