Texas court says it is okay for Texas university to steal


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Theft by government: The Texas appeals court has ruled that is acceptable for the University of Houston to use photos and intellectual material belonging to someone else without paying for it.

A Texas appeals court has ruled that the University of Houston does not have to pay the photographer of a picture it has been using in online and print promotional materials. Houston photographer Jim Olive says the university removed copyright markings from an image downloaded from his stock library, failed to credit him when it was used and wouldn’t pay when he sent a bill, but the university claims it has sovereign immunity and that it can’t be sued.

Worse, the court required the photographer to pay the university’s legal costs.

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4 comments

  • Phill O

    And from Texas? WOW!

  • Cotour

    Apparently if he were a citizen of Texas he would have standing?

    11th Amendment: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

    “The Eleventh Amendment was the first Constitutional amendment adopted after the Bill of Rights. The amendment was adopted following the Supreme Court’s ruling in Chisholm v. Georgia, 2 U.S. 419 (1793). In Chisholm, the Court ruled that federal courts had the authority to hear cases in law and equity brought by private citizens against states and that states did not enjoy sovereign immunity from suits made by citizens of other states in federal court. Thus, the amendment clarified Article III, Section 2 of the Constitution, which gives diversity jurisdiction to the judiciary to hear cases “between a state and citizens of another state”.

  • Cotour

    Related: State sovereignty V Federal sovereignty:

    https://www.foxnews.com/politics/supreme-court-ruling-deals-potential-blow-to-paul-manafort-as-he-battles-state-charges

    “Alito explained that the Double Jeopardy Clause prohibits multiple prosecutions for the same “offence,” but “an ‘offence’ is defined by a law, and each law is defined by a sovereign.” Therefore, Alito said, “where there are two sovereigns, there are two laws, and two ‘offences.”

  • Max

    This article reminds me of something I recently read about Apple changing its terms and conditions. They can use anything loaded to the cloud without asking permission.
    “What’s yours is now mine, and what is mine is mine too…”
    https://www.quora.com/Does-Apple-have-the-right-to-use-photos-uploaded-to-iCloud

    Whistle blower laws failed to protect a state employee who is fired for reporting to the state auditor that Utah university /huntsman Cancer Institute was selling personal information gathered by the state to third parties.(drivers drivers license numbers, Social Security numbers, medical info, Credit history, mothers maiden name, etc.)
    Whistle blower strikes back,
    https://www.deseretnews.com/article/900068599/university-of-utah-ordered-to-cover-lawyer-fees-for-ex-employee-in-whistleblower-lawsuit.html
    Then passed a law allowing you to opt out of the state selling voter registration information.
    https://www.abc4.com/news/local-news/new-law-lets-voters-prevent-the-state-from-selling-their-voter-registration-information/
    What a bizarro world where you have to ask for privacy.

    Meanwhile on a subject important to me, also in Texas, A bill is close to passing required requiring all immunizations shots to undergo the same rigorous testing as a drug. Currently they do no tests because it’s considered Safe/ inert. No double blind study has ever been performed to determine its effectiveness. $3 billion has been paid out to vaccine injured parties by the government (you) because the producers are not liable. Here’s the lowdown.
    https://blog.tenthamendmentcenter.com/2019/04/texas-bill-would-increase-vaccine-safety-reject-federal-narrative/

    I don’t think it will pass, too many high officials including the bush’es have stock in the pharmaceutical industry. (He ordered mandatory shots for all service members to be given. 72 experimental compounds in shots to the soldiers in the first golf war resulting in Gulf war illness)
    https://www.military.com/benefits/veterans-health-care/gulf-war-syndrome.html
    Wikipedia said;
    “Approximately 250,000[7] of the 697,000 U.S. veterans who served in the 1991 Gulf War are afflicted with enduring chronic multi-symptom illness” 1 in 3.
    30 years later and they’re still looking for the cure to the anthrax vaccine;
    https://www.bu.edu/sph/2019/04/08/professor-awarded-3-2m-to-establish-biorespository-network-for-gulf-war-illness-research/
    Anthrax is the only connection between soldiers who got sick and the ones not deployed.
    (last count I saw 10 years ago was 20,000 dead)(like the vaccination injury websites, gulf war help groups and websites have been scrubbed from the net)

    New York just signed into law removing all vaccine exemptions, except a doctors note, forcing everyone to be immunized. (doctors are under extreme pressure, like in California, being told they may lose their license if they sign a deferment)
    https://www.chicagotribune.com/nation-world/ct-new-york-city-mandatory-vaccines-measles-outbreak-20190409-story.html
    I heard an interview of a practicing Jew in this community who said they’re bringing their children to the infected people so that their kids will catch the disease to give them natural immunity. (The same was done when I was a child to catch measles and chickenpox)
    New York reports there’s been no death associated with this health crisis.
    “But” world health organization acknowledge that Ebola can be carried without causing infection in some people. 400 illegal aliens from the infected area have been bussed, without health examinations, to different locations around the US.

    Canada has a problem with the US issued visas.
    https://globalnews.ca/news/4177786/migrants-nigeria-us-travel-visas/
    Makes me wonder if they have an Ebola vaccine ready… For the right price. More billionaires are about to be made.

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