Cody Taylor

blackbearnh writes “Scientific data can be both hard to get and expensive, even if your tax dollars paid for it. And if you do pay the big bucks to a publisher for access to a scientific paper, there’s no assurance that you’ll be able to read it, unless you’ve spent your life learning to decipher them. That’s the argument that John Wilbanks makes in a recent interview on O’Reilly Radar, describing the problems that have led to the creation of the Science Commons project, which he heads. According to Wilbanks, scientific data should be easy to access, in common formats that make it easy to exchange, and free for use in research. He also wants to see standard licensing models for scientific patents, rather than the individually negotiated ones now that make research based on an existing patent so financially risky.” Read on for the rest of blackbearnh’s thoughts.

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NewYorkCountryLawyer writes “The US Court of Appeals for the Ninth Circuit has struck down as unconstitutional a California statute purporting to ban the sale or rental of violent video games to minors. In a 30-page decision (PDF), in Video Software Dealers Association v. Schwarzenegger, the federal appeals court ruled that ‘the Act, as a presumptively invalid content based restriction on speech, is subject to strict scrutiny and not the ‘variable obscenity’ standard from Ginsberg v. New York, 390 U.S. 629 (1968). Applying strict scrutiny, we hold that the Act violates rights protected by the First Amendment because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State’s expressed interests. Additionally, we hold that the Act’s labeling requirement is unconstitutionally compelled speech under the First Amendment because it does not require the disclosure of purely factual information; but compels the carrying of the State’s controversial opinion.'”

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