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Monthly Archives: June 2009
Judge Posner: Expand copyright to protect newspapers?
Judge Posner recently suggested that copyright law might need to be expanded to protect the news industry, including barring linking to copyrighted content or paraphrasing it.
"Copyfraud" and Google Books
The Register and Slashdot have picked up a theme from a 2006 law review article by Jason Mazzone on “copyfraud,” extending the idea to explain a new incarnation of it emerging in relation to Google Books.
Amazon's Kindle and digital rights management
There have been several stories over the last week about issues related to digital rights management (DRM) on Amazon’s Kindle.
Law blogging and attorney advertising: Stern v. Bluestone
The New York State Court of Appeals, in Stern v. Bluestone, 2009 NY Slip Op 04740 (2009), overturned a lower court ruling that ruled that a faxed newsletter dealing with attorney malpractice issues – the same area in which the author of the newsletter practiced. Lower courts thought this newsletter constituted advertising, and thus ran into rules about attorney advertising. The Court of Appeals disagreed.
Unravelling the Canadian Copyright Lobby
Especially important to everyone in Canada – but important to everyone, since copyright and IP are increasingly international issues due to attempts at harmonization (WIPO, for example) – comes this expose by Michael Geist on the undue influence pro-copyright lobbyist organizations have had on Canadian policy documents.
5 Social Networking Sites for Legal Job Seekers
Today’s legal job market is tough. To succeed, you need to use all the tools you can. Some of these tools require new rules, although all build on old-fashioned approaches, like networking and building a reputation. Here are five tools to bring your job search into the world of online social networking: Facebook, LinkedIn, Plaxo, Twitter, and JD Supra.
File sharing and "fair use"
Latoicha Givens writes: In the case of RIAA vs. Joel Tenenbaum, the court is currently accepting an argument that peer to peer file sharing is a Fair Use exception to Copyright Infringement Laws. Essentially, the argument is that file sharing … Continued
The long history of restrictions on speech
It’s too easy to look at recent trends, or project current biases, on the law, and assume that the trend extends backwards in time in a similar fashion. This is a useful lesson to keep in mind whether one is look at law and technology, or Constitutional issues.
Technology and social media alter recruiting and job seeking
NPR brings us some useful new “rules of the road” for those seeking jobs in today’s economy – I think this goes for lawyers as much as anyone. Just remember, while technology has altered some parts of job seeking and recruitment, the broad essentials (a good resume, networking, research, preparation, interview skills) remain the same.
The Thomas file-sharing retrial
The almost two million dollar award is $80,000 per song. $80,000. Damages are supposed to be, well, damages, even if statutory. It strains belief that the record labels really were harmed to the tune of $80,000 per song, even based … Continued
Third-party copyright liability & freedom of speech
Alfred C. Yen of Boston College recently posted A First Amendment Perspective on the Construction of Third Party Copyright Liability on SSRN: The relatively high risk of chill associated with third party copyright liability suggests that the First Amendment is … Continued
Study on file sharing and copyright: weaker protections benefit society
There are many who disagree, but the study appears to raise interesting issues regarding the benefit to society of copyright protections. As Mike Masnick writes, copyright is about balancing benefits (incentives to create with the benefits of distribution).
My Current Top 5 Favorite WordPress Plugins
There are many, many WordPress plugins out there. Here are my top recommendations for the blogging lawyer/law student.
Narratives and evidence in the litigation of high-tech patents
Colleen Chien has a paper in SSRN, dated April of 2009, that explores the narrative of patents, from the epithet of “troll” applied to patent owners who seek only to leverage their patent through licensing, and not application, and including our rather romantic perception of an inventor.
Is "free" a potentially workable business model for legal services?
Lawyers are safer than musicians in that distribution of legal knowledge is harder – but nonetheless technology will revolutionize legal services, and law firms that adapt to the ideas behind “free” as a business model will survive and prosper – those that fail to adapt will not.
