Orange County Computer Lawyer Blog

Too Much Auto Safety Could Be Dangerous

The increasing presence of auto safety technology in our cars has meant in-car technology to alert motorists for everything, from pedestrians to fatigue.  However, as Americans get more and more used to autos that are designed to prevent any kind of accident, Los Angeles car accident lawyers worry about the risk that drivers will get complacent.

According to safety experts, modern cars that offer a range of safety features designed to allow motorists to concentrate on anything but the road, could increase inattention.  With adaptive cruise control, lane departure warning systems and fatigue alerts, drivers are now accustomed to vehicles that are designed to warn them, if and when a car accident threat emerges.  What that means is that many drivers are getting too used to these safety features, and possibly being lulled into a false sense of security.

A pedestrian alert system or a lane departure warning system can definitely prevent an accident when a motorist is driving under certain accident-risk conditions.  For instance, a lane departure warning system can help alert a motorist when he’s driving at midnight and dozing off at the wheel.

However, these auto safety aids are not always necessary when a person is driving on an empty highway with no accident threat in sight.  On such roads, motorists whose cars come with these technologies become complacent, and even distracted, with possibly serious consequences if an accident hazard suddenly appears.  The motorist may not be able to deal effectively with an emergency situation like loss of control of the vehicle, or the sudden appearance of a vehicle or object.

While auto manufacturers have been competing to introduce the best safety features in their cars, they haven’t done a good job of explaining to motorists the benefits and limitations of such technologies.  As a result, there are too many drivers out there with the latest safety gadgets in their vehicles and little understanding of the limits of these devices.

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Sharon Stone to Pay $232,000 in Compensation to Worker Injured in Slip and Fall Accident on Property

Actress Sharon Stone has been ordered to pay compensation of $232,000 to a worker who suffered injuries in a slip and fall accident on her property in 2006.  The man, Peter Krause had been installing wiring for a sound system in the actress’s backyard, when he apparently slipped on some mud and fell about 12 feet down a slope and into a neighbor’s yard

In 2008, Kraus filed a premises negligence lawsuit against the actress.  According to the lawsuit, the man grabbed onto a lattice fence that had been installed around the backyard.  The fence couldn’t handle his weight, and gave way, causing the man to fall down.  He suffered serious knee injuries, and as a result, has been unable to return to his former job.

Stone, who testified in court, claimed that she’d never had a lattice fence on the property, and has always had a chain-link fence around the property.  Krause disputed that, insisting that there was a lattice running around the wall.  In her testimony, Stone admitted that she had never warned him about the drop-off

A jury in Los Angeles has now found Sharon Stone guilty of negligence.  Stone has been ordered to pay $232,000 which is much lesser than the $1.5 million that Krause had been claiming in damages.

There are several factors that a California premises liability lawyer can use to hold a property owner liable for injuries in an accident.  Many premises injuries and accidents occur because of structural design flaws and defects.  Besides, a property owner may be held negligent for failure to maintain the property, and remove those conditions that can cause an accident.

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Judge Pushes for Settlement in Google Books Copyrights Infringement Lawsuit

A judge has urged a quick settlement to a copyright lawsuit filed by publishers and authors against Google Books.

The lawsuit involves Google’s announcement in 2004 that it was entering into a collaboration with several universities around the globe that would involve scanning and digitizing their entire library collections.  As part of that partnership, Google has already scanned more than 12 million books.

However, authors and publisher group soon began to protest Google’s actions, claiming that Google’s actions in scanning the books, constituted a violation of the authors’ copyrights.  In 2005, the American Association of Publishers and Authors Guild filed a copyright infringement lawsuit against Google, seeking to stop the company from scanning any more books.  The lawsuit soon evolved into a class-action.  The authors claimed that their permission was necessary before any books could be scanned.  They also demanded a cut of any profits from Google Books.

Google has based its defense on fair use concepts.  According to Google, the Books feature would scan all books, but would only allow users to access books whose copyrights have expired and that are in the public domain.  Books that are still under copyright would only allow users to access snippets, and not the entire book.

The parties reached a $125 million settlement deal earlier this year, but that was rejected by the same Manhattan judge.  According to the judge, the settlement was not fair to the publishers and authors, because it gave Google the chance to exploit books, without getting permission from the authors.

The judge has also threatened both parties that if they fail to reach a fair settlement by September, he will set a date for the case to go to trial.   In light of the judge’s threat, California copyright infringement attorneys expect Google Books to quickly reach a settlement with the authors.

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About One Third of College Students Admit to Using Mobile Phones while Driving

It is a matter of concern to any San Fernando Valley car accident lawyer that young drivers, who are among the most inexperienced on the road, are also some of the most prone to distractions while driving. A survey of college students found approximately 1/3^rd of the respondents used mobile phone apps while driving.

The survey was conducted by researchers at the University of Alabama at Birmingham, and involved about 93 students. The students owned smart phones and used apps on these smart phones at least four times or more in a week. According to the survey, 35% of the respondents said that they used phone apps “sometimes” while at the wheel. About one in every 10 respondents admitted that they used these apps” quite often” or “always” while driving.

Driving is a complex task that requires the performance of several tasks, both physical and cognitive simultaneously.  A driver needs to be focused on the job.  Using a smart phone or a mobile phone app constitutes a serious distraction.  In fact, Internet use over the smart phone is probably a much more dangerous practice than texting while driving.

The use of electronic communication devices while driving is widely prevalent among teenage and young drivers, who are already some of the most unsafe motorists on the street. The average college student has only been driving for a few years, and is vastly inexperienced. Add to that the distractions that come from using mobile phone apps while driving, and it’s not hard to see why the accident risks of a driver like this would increase substantially.  San Fernando car accident lawyers would also like to know the prevalence of these practices among adult motorists too.

There is more to distracted driving than texting and using hand-held cell phones, but lawmakers remain blissfully ignorant about the scope of distractions facing the average driver.

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Why You Should Avoid Social Networking Sites during Bankruptcy

The use of Facebook by lawyers has been increasing exponentially.  From criminal defense attorneys to family lawyers, the legal profession has been digging into Facebook’s 500 million+ person database to get the information they need.  Los Angeles bankruptcy lawyers warn that anyone considering bankruptcy should also be cautious as far as their social networking activities are concerned.

When declaring bankruptcy, one should be aware that the information posted on any social authority site, including Facebook, is not really private.  It can be quite easy to subpoena Facebook for supposedly private and personal information.  Any material that you post including status updates, wall posts, photographs and videos could be used against you in your case.

Say, for instance, you post pictures of your shiny new car on your Facebook page.  That shouldn’t matter under any other circumstances, but if you decide to file for bankruptcy and fail to mention the new car in your bankruptcy petition, then you could be looking at trouble.  Your property could be seized.

Also remember that creditors and trustees will be looking at your expenses after a bankruptcy petition closely.  If you have just taken an expensive vacation, or have made an extravagant purchase, and posted about it on Facebook, this information could easily get into the hands of creditors.

The kinds of privacy protections that social networking sites offer are sketchy at best.  Facebook offers privacy settings to allow only certain people to see your information.  However, those settings are frequently being tweaked, and privacy is not something that many people have come to expect from Facebook.  Know that in the age of social networking, it doesn’t take long for a creditor to find out all about your lifestyle.  Be careful about the kind of information you post online for everyone to see.

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Oracle Files Patent Infringement Lawsuit against Google

Oracle has filed the mother of all patent infringement lawsuits against Google, claiming billions of dollars in damages.  The lawsuit alleges that Google infringed on Oracle’s patents in the development of its “open-source” mobile Android operating system.

Specifically, the Oracle lawsuit claims that Google’s Android operating system infringes on Oracle’s Java patents.  The lawsuit was filed last year, but it was only last week that Oracle really laid out the damages it is seeking.  California intellectual property lawyers now believe that the lawsuit is seeking billions of dollars in compensation.

The Android operating system uses a Java-compatible system.  Oracle, which acquired Sun Microsystems in 2009, alleges that the Java compatible system, the Dalvik virtual machine, infringes on patents the company acquired during its purchase of Sun Microsystems.  According to Oracle, Google was fully aware that these patents belonged to Oracle following the Sun purchase.

Google responded to the Oracle claim by characterizing the alleged damages as being “inflated and inaccurate.”  Google has also asked the court to withhold some details of the damages claims, a request the court has denied.

The damages that Oracle is seeking are significant.  If Android developers and hardware manufacturers are dissuaded from developing or installing the system because of a possible multibillion dollar verdict hanging over Google’s head, it bodes badly for Google and the open license of the Android operating system.

If Google is found liable to the tune of billions of dollars, it may have to pass down those costs down to users to offset losses and could threaten Android’s free and open licensing scheme.  If the court finds in Oracle’s favor, then Oracle will likely be eligible for a royalty on every new device equipped with the Android operating system.  Therefore, Google is under pressure to keep these damage allegations secret.

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What You Shouldn’t Do on Facebook during a Child Custody Battle

Even for Los Angeles divorce attorneys accustomed to irrational behavior between parents during a volatile custody dispute or a divorce, this one takes the cake. No less than the FBI had to be dragged in between a couple who turned their child custody dispute into a sting operation on Facebook.

Angela Voelkert went on Facebook under the fake profile of a 17-year-old girl, in an attempt to prove to a judge that her ex-husband was not a fit parent. She created the fake identity of Jessica Studebaker, and used this profile to strike up a friendship with her ex-husband, David. Over the next few days, the two had conversations, in which David seemed to be opening up to his new 17-year-old friend.

Things began to go as Angela hoped they would. David began to confide in Jessica about his personal problems, including the ongoing custody battle with his wife. He told her that he planned to move somewhere else with the children, and that he had sold his business. He also discussed whether there was the possibility of hiring some “gang bangers” in Jessica’s school who could take care of his ex-wife for him.

Armed with evidence, Angela took action, and soon after, David was arrested. He spent four days in custody, until prosecutors dropped charges against him. Prosecutors had to drop charges because he was able to submit an affidavit stating that he was aware that the person that he was having a conversation with on Facebook was actually his ex-wife Angela posing as a 17-year-old girl to entrap him. According to the affidavit, he was lying to Jessica in order to get proof that it was indeed his ex-wife Angela, so he could use it to prove in court that she was using social media to harass him.

The whole mess has garnered nationwide attention. If there is one lesson to learn from this whole catastrophe, it’s this – limit use of Facebook during a divorce or child custody battle as much as possible.

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Proposed Legislation Would Require Sex Offenders to Disclose Their Identities

A California lawmaker has introduced a measure which would require registered sex offenders to provide details about their online identities, including their online names, e-mail IDs and social networking site information to law enforcement officers.

According to Sen. Sharon Runner (Republican-Lancaster), it would not be too much of an effort to add such details to the current sex offender details that are already contained in sex offender registries.  Under federal law, people who have been convicted of sex offenses are required to register in a sexual offender registry after they have been released from prison.  The trigger for the proposed legislation was the revelation that the person involved in the murders of two San Diego teenagers had maintained a sexually explicit MySpace profile under a false name.  That man, John Albert Gardiner, pleaded guilty last year to charges of rape and murder of the two teenagers.  He was on parole at the time.  According to Runner, his MySpace account, which is full of graphic sexual content, should have sounded alarm bells.

According to Sen. Runner, the new provision that would require sex offenders to provide details about their e-mail IDs and social networking site usernames, would discourage crimes via the Internet.

Sen. Runner believes that the measure will cause sex offenders to think twice before they use the Internet for illegal activity.  San Diego criminal defense attorneys are not so sure about that.

The measure has already been sent to the California Assembly.  Several lawmakers have asked questions about how the state would pay for additional enforcement of these requirements.  There is also no information on how having access to a person’s e-mail IDs or social networking site usernames would prevent Internet crime activity or prevent a person from stalking potential victims.

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CHP Safety Warning after String of California Motorcycle Accidents

The California Highway Patrol is alerting motorists after a number of serious motorcycle accidents recently.  According to the agency, there have been at least two serious motorcycle accident that have ended with catastrophic injuries, and at least two fatal motorcycle accidents in the Santa Barbara area over the past few weeks alone.

Last week, the CHP visited the Santa Barbara County Fair, bringing with it a strong motorcycle safety message.  The agency was focusing on raising awareness about safe motorcycling, targeting not just motorists, but also motorcyclists themselves.  There was a focus on educating motorcyclists about the need to wear helmets at all times while riding.  When buying a helmet, it’s important to look for one that has been approved by the Department of Transportation.

According to the California Highway Patrol, a number of serious motorcycle fatalities recently involved motorcyclists who were wearing novelty helmets.  This is a trend that has Los Angeles motorcycle accident lawyers very worried.  Novelty helmets offer little protection in the event of an accident.  In fact, in an accident involving a motorcyclist wearing a novelty helmet, the helmet is highly likely to split open, exposing the motorcyclist to the risk of brain injuries.

The motorcycle helmet approved by the Department of Transportation, on the other hand, is lined with Styrofoam, that protects the motorcyclist from head trauma.  At the Santa Barbara County Fair, the California Highway Patrol was educating people about how to differentiate novelty helmets from Department of Transportation-approved helmets.

California motorcycle accident attorneys would also like the CHP to focus harder on educating drivers about safe driving this summer.  Pleasant weather means more numbers of motorcyclists in full force, and motorists need to understand that when they drive at excessive speeds, follow a motorcyclist too closely, or fail to look out for motorcyclists, these people may be in serious danger of an accident.

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“Blast Badge” in Development Uses Color to Help Diagnose Brain Injury

The U.S. military has been in the forefront of brain injury research, in part because of the large numbers of vets returning home every year from battlefields in Iraq and Afghanistan with traumatic brain injuries.  The U.S. Defense Department has already invested research to identify brain injury biomarkers which should help to facilitate quicker diagnosis of brain injury.  The military is now investing in research to develop a new technique of brain injury diagnosis, involving the use of color changing crystals that are sensitive to explosions.

Timely and quick diagnosis is vital to the treatment of patients with a brain injury.  However, considering the debilitating nature of this condition, brain injury can be surprisingly difficult to diagnose.  Many of the symptoms of traumatic brain injury like loss of consciousness, nausea and headaches overlap with other conditions, confusing doctors and caregivers.  Now, doctors at the University of Pennsylvania School of Medicine and School of Engineering and Applied Sciences  have developed what they call a ”blast badge” to help identify the levels of brain damage.

The badge consists of color-changing crystals.  When the badge is subjected to shockwaves during an explosion, the crystals in the badge shatter, causing a color change.  Scientists at the University of Pennsylvania are now trying to calibrate color changes to denote the level of the brain injury.  The badges can easily be affixed to uniforms and helmets.  Further, they require no power, and are durable.  The color-calibrated badge would make it easier for doctors to diagnose a brain injury, simply by observing the color and the corresponding expected level of brain injury.

Detection of brain injury is the first step in treatment of the patient.   California traumatic brain injury lawyers understand there is currently little in the way of a complete cure for brain injury, but if doctors can diagnose the injury in time and take steps to limit the extent of the injury, the patient may have a higher chance of complete recovery.

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