Who Owns Your Digital Content?

Matthew Worley, Esq.

You can transfer ownership of your iPod when you die, but who owns the music contained on that iPod?  The answer isn’t clear.

Today, consumers are buying more digital content than ever from companies such as Amazon, Apple, and Google.  The content ranges from ebooks to music to movies.  Further complicating matters is that many people store these files in the cloud on those companies’ remote servers.

Whether digital content can be transferred to next of kin through a will depends on ownership.  The difficulty is that many consumers may believe they are “buying” songs or ebooks, but the sellers’ terms of service state that they are merely buying a license, or a “long-term rental,” and the license of that content isn’t transferable. 

Heirs can, however, access a protected online account – as long as they’re given the password in advance.  Otherwise, the heir may have to go to court to gain access. 

The problem is that the law hasn’t caught up with technology.  In order to prevent these transfer problems, digital media owners should plan ahead.  Passwords and online accounts can be passed by a will.  There are even data-inheritance services that have emerged to facilitate this transfer upon the death of the account holder.

This is an unsettled area of the law.  Content sellers have been slow to react partly because this issue only affects a limited number of their customers.   However, as time goes on and more people die the pressure will build for these content sellers to develop clear policies and create practical solutions.

To learn more or read the original article, please visit:

http://www.usatoday.com/tech/story/2012/09/19/digital-inheritance/57804428/1

Missing Benches – No One is Thinking

Jim Fausone
Veteran Disability Lawyer

 

Even in a system notorious for the occasional bureaucratic bumble, this one had people scratching their heads. Outside the Washington, D.C. Veteran's Medical Center, where the sick, the disabled, the elderly and the tired would sit and wait for their rides, or to escape the heat, benches were missing. Hospital administrators recently removed a number of benches in front of the building, leaving disabled veterans and the elderly, among others, to stand outside or in the hospital foyer while waiting for the bus or a ride to pick them up.  Some even sat on radiators in the hallways. No folding chairs or other seating was provided.

In way of an explanation, a spokesperson for the VA hospital stated, "The facility is developing a new Front Drive Plan to alleviate congestion and move veterans and visitors through the area safely. The seating will be replaced once the new design plan is approved and completed." Why planners did not simply leave the benches in place until the new design plan was implemented is unknown. The new plan is slated to be approved, though not completed, according to reports, by this November.

According to Rep. Jeff Miller, Chairman of the House Committee on Veterans’ Affairs, “VA should put the comfort and safety of veterans visiting the DC VA first. If a renovation is being considered to alleviate traffic in that area, then the current seating should remain as long as possible to accommodate veterans using the facility and an alternate entry site, with seating, needs to be planned for in the meantime.”

The local "7 On Your Side" news crew headed out to cover the story on August 29; less than 24 hours later, a forklift appeared, and the benches were reinstalled.

 “We understand the hospital’s stance that this was part of an overall renovation plan," said Ryan Gallucci, Deputy Director of National Legislative Service for the VFW. "We would encourage hospital administrators to quickly come up with an interim solution to make sure veterans – many of whom are at the hospital because they are ill, injured or disabled – have reasonable accommodations while they wait for their ride."

 
http://www.wjla.com/articles/2012/08/veteran-s-medical-center-removes-benches--79370.html

http://www.wjla.com/articles/2012/08/washington-va-hospital-returns-benches-after-7-on-your-side-report-79410.html

Large State – Long Wait

Jim Fausone
Veteran Disability Lawyer

 

While the official U.S. policy is to support disabled veterans with medical care, financial support and retraining, the support they receive has been found to be less than timely. Veterans located in Northern California, for example, wait, on average, more than nine months for war-related disability claims filed with their regional VA office. Meanwhile, vets who live in Nebraska or North Dakota receive their benefits sooner than those who live in Atlanta, Chicago or New York. Geographic inequity has been found to be rampant in lower-populated areas, according to a report by The Bay Citizen and the Center for Investigative Reporting. 

"Everyone agrees that we need to do a better job supporting our veterans when they return home," says veterans disability lawyer James Fausone. "It's no surprise that the entire system is painfully overloaded, but knowing that doesn’t help get disability support into the hands of our vets."

On average, the Office of Veterans Affairs takes more than eight months to process a claim, and despite claims of improved processes, a new $300 million computer system, and more than 3,000 claims processors hired in the past two years, that time is only increasing: The Bay Citizen reports it takes 50 percent longer to have a claim processed in 2012 than in 2011.  The new computer system has been placed in only four VA offices; claims are still on paper, in files and must be handed from office to office and onto a claims representative's desk to be processed. Meanwhile, veterans in both New York and North Texas are waiting, on average more than 12 months. An appeal filed on a denied claim, the report states, can take as long as three-and-one-half years for resolution.

While the VA has publicly pledged to process all backlogged claims by 2015, the number of vets waiting is only growing. As of the end of this July, there were more than 907,000 claims, with 832,000 individuals waiting on disability or survivor benefits, and thousands waiting on pension or GI Bill education benefits. The agency reports that new claims filed annually have increased by 48 percent, though the number of new claims representatives has increased by only 5 percent.

The Bay Citizen has posted an online interactive map to help vets find out the wait times in store for them, based on their location. The map information updates weekly and can be accessed at http://www.baycitizen.org/veterans/interactive/map-disabled-vets-stuck-backlog-limbo.  

Curb Cutout Liability

By Mattew Worley, Esq.

Cities may be held liable for injuries to pedestrians caused by defects in the sidewalk “curb cutout,” according to a Michigan Court of Appeals decision in Antonio Moraccini v. City of Sterling Heights.

In Moraccini, the plaintiff fell and was injured by alleged defects in the portion of the sidewalk that meets up with the county-maintained road.  When the sidewalk was installed by the city in 1977, the raised portion of the existing curb was cut away in order to make the sidewalk level with the road.  The plaintiff alleged that this cutout area was “uneven, damaged, and unstable, with deep cracks and crevices.”

The Plaintiff sued the city for negligence.  The city responded and sought to get the case dismissed on governmental immunity.  The trial court rejected the city’s argument and the city appealed.

On appeal, the city argued that plaintiff’s injury was caused by an alleged defect in the curb and gutter portion of Macomb County’s roadway and thus, the city was not liable.  The appellate court again sided with the plaintiff and held that the curb cutout constituted a path for pedestrians and was designed to be used by pedestrians.  As such, that area is considered an extension of the sidewalk and the duty to maintain it rests with the city, not the county road commission.

The case was remanded back to the trial court to determine if the city is liable.  According to Michigan law, the city may be liable for plaintiff’s injury if the city knew, or should have known, of the alleged defect at least 30 days before the injury and the defect was the proximate cause of the injury.

To learn more and read the opinion, please visit:

http://caselaw.findlaw.com/mi-court-of-appeals/1600033.html

2012 Veterans Summit Sold Out!

We are pleased to announce that the 2012 Veterans Summit sponsored by the Canton Community Foundation, Legal Help for Veterans, PLLC and Fausone Bohn, LP, being held at Laurel Manor September 12 and 13, 2012 has been a huge success. We have a record breaking crowd of 350 participants signed up for the second day and no tickets available.   Hope to see you in 2013!

Getting Old Fast

Kristina L. Derro
Veteran Disability Lawyer

As if our veterans haven’t struggled enough while overseas, they appear to be facing new physical and psychological difficulties when they return home.

According to a study currently being conducted at a VA hospital in Massachusetts, veterans of Iraq and Afghanistan appear to be growing old before their time.  Scientists are seeing early signs of heart disease, diabetes, slowed metabolisms and obesity – maladies that are more common in middle age or later.

This study is in its early stages to determine if these veterans have a form of early aging.  These symptoms appear to be most common in those with blast-related concussion and PTSD.

The Army, mindful of the strain of combat is allowing troops more time between deployments.  The length of each deployment has also been decreased from a year down to nine months.

Matt Pierce, a veteran of multiple deployments in Iraq and Afghanistan, is participating in the study.  A young man who should be in the best shape of his life struggles with high blood pressure, vivid nightmares, and a body that always aches.

Another example is a former soldier who came through the VA hospital a couple months before the study officially started.  He was suffering from obesity, high blood pressure, diabetes, and brain legions.  His MRI scans looked like those of someone in their 70s; however, he wasn’t even 40.

This theory may not be proven until these veterans are studied over the next decade.  One thing is certain, though – we all benefit from the sacrifice of these veterans and must ensure that they receive the care they deserve when they return home.

To learn more or read the original article, please visit:

http://www.usatoday.com/news/military/story/2012-08-06/veterans-aging-study-trauma/57608072/1?loc=interstitialskip

900,000 Backlog

James G. Fausone

Veteran Disability Lawyer

The VA is currently dealing with a backlog of nearly 900,000 compensation and pension claims.  Why the hold up?  More complex disability claims are slowing the processing time on these claims.

The average claim from Iraq and Afghanistan veterans now includes more than nine disability issues – far more than any other generation of vets since World War II.

According to Gerald Manar of Veterans of Foreign Wars, there are several reasons for the increased number of disability issues per claim.  For one, these wars have utilized National Guard and reserve troops more than previous conflicts.  Reservists tend to be older than their active-duty counterparts and more prone to wear and tear on their bodies.

Also, many troops have been deployed multiple times to Iraq or Afghanistan – whereas most Vietnam vets were deployed for one year and then left active duty.  Multiple deployments means increased exposure to IEDs and other hazards and greater likelihood of injury.

Additionally, newer veterans are better informed about what benefits are available and how to access them.  This is due in part to pre-separation briefings for all troops.

Since 2001, claims to the VA have risen 94 percent, with 1.3 million received in fiscal 2011.  Processing time for these claims is slowing to a crawl.  In 2001, the average time to complete a claim was 181 days; now it’s 257 days.  

The VA has pledged to begin reducing this backlog by 2015; however, it may still be 20 years before the backlog is eliminated.

To learn more or read the original article, please visit:

http://www.federaltimes.com/article/20120827/DEPARTMENTS04/308270001/Complicated-claims-slow-down-VA-payments?odyssey=mod|newswell|text|Facilities,%20Fleet%20&%20Energy|p