7th Circuit: Restitution to child porn victims owed by possessors is less than amounts owed by distributors
U.S. v. Laraneta, No. 12-1302 (7th Cir. Nov. 14, 2012) (Opinion by Posner joined by Williams and Sykes)
The court held that a possessor of child porn images is not jointly liable for the total amount of restitution owed to victims by distributors of such images, because the amount of harm caused by possession is less than that caused by distribution. The Court also held that there is no right of intervention for child porn victims where claims of restitution are denied, but rather the appropriate remedy is to seek mandamus at the court of appeals pursuant to 18 U.S.C. § 3771(d)(3).
7th Circuit: Embedded web videos don’t necessarily infringe copyright
Reuters: Appeals court overturns ban on video-sharing site
A video-sharing website that allows users to post links to copyrighted videos hosted on third-party sites is not infringing copyright laws, a federal appeals court ruled on Thursday.
Flava Works v. Gunter, No. 11-3190 (7th Cir. Aug. 2, 2012)
7th Circuit: Porn on Work Computer Is Grounds for Firing
David Kravets at Wired.com (May 5, 2011): A federal appeals court is issuing a clear warning to employees: Violate your employer’s computer-use policy and be fired. | Zellner v. Harrick, No. 10-2729 (7th Cir. Apr. 29, 2011)
7th Circuit: SOB crime study does not support hours-of-operation ordinance
Annex Books v. City of Indianapolis, No. 09-4156 (7th Cir. Oct. 1, 2010)
7th Circuit: Prior offenses of child porn production may be admissible in sex assault case under federal evidentiary rules; minors cannot “consent” to sexual contact
U.S. v. Rogers, No. 08-1516, 2009 WL 3837337 (7th Cir. Nov. 18, 2009)
7th Circuit: Secondary effects rationales supporting regulation of sexually oriented establishments with “live entertainment” might not support regulation of those without such “entertainment”
New Albany DVD, LLC, v. New Albany, No. 05-1286 (7th Cir., Sept. 10, 2009)
7th Circuit upholds child pornography convictions, declines to review “confusing” jury instruction
U.S. v. Noel, No. 07-2468 (7th Cir. Sept. 4, 2009)
7th Circuit: Secondary effects rationale based on “viewing booth” evidence does not necessarily apply to “adult bookstores” that lack “view booths”
Annex Books, Inc. v City of Indianapolis, No. 05-1926 (7th Cir. Sept. 3, 2009)
7th Circuit Authorities for Various SOB Ordinance Requirements
6th Circuit: Lower court improperly relied on “catalyst theory” in awarding attorneys fees
Chambers v. Graham, McClelland & Ransbottom Co., L.P.A, Nos. 00-3354/3355, 2001 Fed. App. 0149P (6th Cir. Dec. 11, 2001)
