Oregon Appellate Court - September 5, 2013

by: Abassos • September 6, 2013 • no comments

Unlawful Sound Recording is Preempted by Copyright Act - But Only for Recordings after February, 1972

ORS 164.865(1)(b), Unlawful Sound Recording, is only preempted by section 301 of the Copyright act for recordings made after February 15, 1972. Per curiam, reconsideration granted, opinion modified. State v Oidor, ___ Or App ___ (2013)

Parole Board Must Provide Some Reasoning for a Parole Denial

When the Parole Board denies parole, it must provide "substantial reason" so a reviewing court mya"determine if the board's findings, reasoning, and conclusions demonstrate that it acted in a rational, fair, and principled manner in deciding to defer petitioner's parole release." Here, the board offered a mere conclusion with "boilerplate" language. Thus, the parole denial is reversed and remanded for the board to provide an explanation. Jenkins v Board of Parole and PPS, ___ Or App ___ (2013)