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Description: an ip, internet and technology blawg from the Philly burbs
Last Update: 05:20:37 03/03/2006
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Additional Info
First Fetched: 00:18:26 01/31/2004
Last Updated: 05:20:37 03/03/2006
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Here are the most commented posts of the first week: * Rivers of News Or River Delta? (on feed readers) * Westlaw on the Mac * SOHO setup…any interest in an ongoing discussion? * To encrypt or not encrypt * Is syndicating blog content “fair use” under the Copyright Act? * Thoughts on networkable scanners Read them all by visiting Blawgr.com
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That's what my wife calls it. Lee Gomes has another name for it: Original Content: "Legitimate information, like articles from the WHO, risks being crowded out by junky, spammy imitations. Nothing very useful about that."
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Sean Sirrine's Blawg Review #46 has evoked high praise from David Giacalone for the Blawg Review project: I may have to stop reading Blawg Review every week. No, it's not because of its cutesy title. It's far more practical: The darn "carnival" of law-related weblogs keeps adding to my to-do list of things to read -- and then, naturally, of things to write -- at a pace that can never be accomplished. To be honest, I'm not sure that anything better has ever been said about it. Sean and David also inspired the Editor of Blawg Review to create a collaborative law blogroll -- myHq blawgs. I definitely believe that this is a great project - to collect all the legal blogs on one page, but still feel strongly that permanent links, or an email or a comment (at least for bloggers just starting out) are great so that others know who's reading them. While I am on the topic of Blawg Review, I hope to end kevin.lexblog's inquisition into the ownership of the site by stating for the record one ...
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Headline: Lisa Stone goes full time to BlogHer; Carolyn Elefant, Robert Ambrogi take on Legal Blog Watch. Good luck and congrats to all three. Lisa has done an excellent job monitoring the Law.com affiliates and Bob and Carolyn have been must read legal blogging for me for years.
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Congratulations to Ernie the Attorney, a legal blogging pioneer, who has hung out the shingle in New Orleans:effective today-- I'll be practicing under the rubric Svenson Law Firm LLC. I'll continue handling the same types of business disputes that I worked on before, but with less overhead and a lower billable rate. I'll strive to use non-hourly billable arrangements, and to use technology to increase productivity and effectiveness wherever possible.If you've read Ernie's blog since way back in 2002 you know you can't count on that. I recommend that you read his entire post (My new law firm) to understand why he has moved on after practicing with the same firm for 18 years as well as Dennis Kennedy's post on Ernie the (Solo) Attorney to understand the respect the blawgosphere has for him.
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I really like what Sean Serrine had to say in his introduction to Blawg Review #46 at de novo that I'm going to quote almost the whole thing (but that shouldn't stop you from going over there to see all the great posts compiled this week):Here is the problem as I see it, (and I'm sure I'm just as much at fault as anyone else), nobody is giving out permanent links anymore. As much as I love Bashman and Volokh, I haven't seen the links on their sidebars change for over a year! It seems that in an effort to become more professional, blawgs have become static, just like the websites we found before blogs came around. They have great writing, but they are all starting to talk about the same thing. Rolling with the news cycle instead of creating it. So here is your chance to show that lawyers are all about learning new things no matter who is telling them. If you read something you like, put a link to that blawg on your sidebar as a silent thank you for a job well done. I know plenty of ...
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fiftyone:fiftyone has a post on Break in the Road, a benefit album for the Katrina and Rita Victims: "If you've seen Juvenile's video, you can see that New Orleans still needs our help. CD's are $10 and all proceeds go to Habitat For Humanity's "Operation Home Delivery", a three-phase response to help provide assistance and rebuilding opportunities in New Orleans and elsewhere along the Gulf Coast." Also, I understand that no money will be going to the insurance companies who will assuredly try to persuade you that their shareholders were the biggest victims of Katrina and Rita. Related: Ernie the Attorney - Katrina Common Scold - Mother Nature
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Thomas Hawk says thanks a billion to every iTunes music store sucker (I think he means buyer): " I think Apple's DRM is awful and represents a major step back for us all. I think those that are investing in iTune digital libraries are suckers. You are basically betting that Apple's proprietary DRM laced format will be the standard for the rest of your life. You are paying too much for your music and tying yourself to only Apple products going forward." There's a lot more. Related: Downhill Battle on iTunes
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If something were to ever happen to blawgreview.com, you can rest assured that you could still find a link to every Blawg Review issue. I have updated my Blawg Review category page to provide a link to all the past issues. All future issues will have their own posts. Also, if you're ever confused as to whether a post on another web site is a legitimate Blawg Review blawg post, you can look there as well: http://techlawadvisor.com/blawg_review/. If its not on that page then it is not a Blawg Review.
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Bubble-Wrap: Why the Contractual Protection of Ideas is Preempted by Federal Copyright [pdf]
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As Professor L. Ray Patterson explains: "The competitor uses the copyright; the consumer uses the work. The copyright owner, by reason of the Copyright Act and the copyright clause, has not only no right to interfere, but a duty not to interfere with the consumer's use of a publicly disseminated work." In the course of copyright legislation and through a drafting error that occurred at the time of the 1909 act fair use was now being applied to consumers where previously it had only applied to a competitor’s use or piracy: "As originally promulgated, the fair use doctrine was a fair 'competitive' use doctrine designed to enable a rival author or publisher to use a copyrighted work in preparing another publication. Therefore, the doctrine applied only to competitors, not consumers." Therefore an individual user should not be liable for copyright infringement unless their actions rise to the level of piracy. Consumers are not competitors. Copyright laws should not even apply to their ...
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as compiled by John Ottaviani of the Technology & Marketing Law Blog: Top Cyberspace IP Cases of 2005. Grokster, WhenU, Napster, Hulk, Patents, Purdy, Gonzalez, Blizzard, Falwell, Kremer.
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Bob Parsons, founder of Godaddy.com and seller of domain names says that "VeriSign has somehow persuaded ICANN to propose a new contract where VeriSign will be the permanent and unregulated controller of the .COM registry. VeriSign would also get the right of presumptive renewal. This means when the new contract for the .COM registry comes up for renewal in 2012, it won’t be put out for bid – like the .NET contract was in 2005 – instead it will simply renew in VeriSign’s favor." Hot Points - A huge scam in the making. The .COM registry contract. VeriSign: Shame on you! Related: "We Are Inept. Replace Us." by Bret Fausett
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Recent Podcasts: Feb 19-25 * New Jersey Legal Update - Podcast # 28: discusses the case of Lewis v. Harris which is being watched nationally as a case which may direct how courts view legislation which bans same-sex marriage. * Coast to Coast: The Hussein trial: Robert Ambrogi and J. Craig Williams discuss The Trial of Saddam Hussein with Simone Monasebian, chief of the U.N. Office of Drugs and Crime.
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Strangely for a copyright and trademark guy, I get along pretty well with patent attorneys. Look at the new venture with Rethink(IP) for example. Unfortunately, I have no idea what science or engineering even is -- I studied literature and cinema in undergrad and took every copyright, trademark, international trademark, copyright and the constitution, ip in a digital age course I could get my hands on in law school -- I even avoided Evidence and Crim Pro. Now, I live in Philly (suburbs) and apparently all the IP attorneys here are either involved with patents or pharmaceuticals. My wife even met an extremely generous (with his time) patent attorney who's talked with me about the philly law landscape. If you need a patent attorney in Philly you should look him up -- Bob Bramson of Bramson & Pressman and tell him I referred you. So what does a copyright attorney have to do for work. I'll tell you. Right now, I drive three hours (round trip) with the kids in tow up to northern New ...
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Here's a checklist to determine whether your Blawgr material. [ ] Blawgrs truncate words by dropping vowels [ ] Blawgrs utilize tags and talk about Law 2.0 [ ] Blawgrs are at the cutting edge of legal tech and Web 2.0 [ ] Blawgrs don't acknowledge that their is even a question as to whether or not Blawg is a generally accepted term That was all just to get your attention. Actually, a Blawgr works collaboratively to advance an understanding and awareness of the law. But mostly I think its about building an online legal community that takes the time to discuss and debate important and interesting issues. So are you a Blawgr or not? Come join us at Blawgr.com.
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Tech Law Advisor: On Blog Disclaimers [via]
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Filed under "more big law blawg news" -- please note that Brown Raysman appears to be using blog software (MT or typepad with no sign of lexblawg) to publish their Technology Law Update. I noticed the blog as a result of a link to my hosting of the Government Motion to Enforce the Subpoena against Google that was part of this Internet Regulation entry.
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Dave Chappelle On Oprah Winfrey Show (first interview since Dave walked)
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Tonight is the first night of my wife's two weeks of night float at the hospital. Basically over the next two weeks me and the kids will never occupy the house at the same time as her except for this lone saturday. Otherwise, we are on our own. Naturally, she's bored sitting in the lounge and in between answering pages wishes that she had a dvd player. I told her she does. I told her that she just needs to try out videosift, youtube, itunes, and googlevideo and emailed her the links. Now while, I'm on the subject of youtube, here are Matt Haughey's and Jason Calacanis' thoughts on the subject. Haughey - Rambling about blogging and TV: "I'd argue that YouTube is the king of this movement because they have such loose and lax legal guidelines. Of course, everyone that uploads claims they own the copyright and got release forms from everyone involved and cleared anything seen on camera, blah, blah, blah, but in reality, it is totally lawless and people are basically uploading random ...
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I'm currently watching Dick Wolf's new show Conviction (ahead of its tv release) in lieu of Idol insanity. It stars Stephanie March, Milena Govich and some dude that has definitely never stepped foot in a law firm.
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Combating Digital Piracy: The Limits of Technology Monday, March 20 @ 6:00 p.m. Benjamin N. Cardozo School of Law/Yeshiva University's Uri and Caroline Bauer Distinguished Visitor Program presents Tom Rubin, Associate General Counsel, Microsoft Corporation, discussing Intellectual Property and Digital Piracy. Mr. Rubin heads the Copyright, Trademark and Trade Secret Group and leads a 30-member team that is responsible for the creation and strategic management of Microsoft's extensive international intellectual property portfolio.
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WSJ ($) reports that domain name expiration auctions totaled $11.5 million in 2005 (2,291 sales were reported) which is almost triple that from 2004. In related news, I registered a new domain with Godaddy.com the other day and they informed me that Google is allegedly now looking at whois info related to lenght of registration to aid in determining page rank. Godaddy specifically asked me whether I would like to register the new domain for two years because Google looks unfavorably at one year registrations. Not sure if its a sales technique, gimmick or scam. Anyone out there see anything on this. (tags: godaddy, google, page rank, domain names, drop catchers)
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What distinguishes the Kelly v. Arriba Soft Corporation, 336 F.3d 811, 820 [pdf], case where the court held that thumbnail images of copyrighted works constituted fair use and the recent ruling by U.S. District Judge A. Howard Matz in the Perfect 10 v. Google case? I believe the cases are distinguished on the basis that Perfect 10 actually sells downloadable thumbnail versions of its nude photos. I don't necessarily think this would make good law if this is how the case is eventually decided, but the cases can clearly be distinguished on that basis. Fair Use will continue to exist in cases where the copyright holder does not sell thumbnailed versions. Google's Image search will not be crippled, but clearly the burden will be on the search engines to determine what images can be included in its image seach. Bonus: Marty Schwimmer has linked to a copy of the injunction [pdf]. See also: William Patry on Google Nudes (I personally think the implied license is a stretch.) * Perfect 10 ...
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Free Culture Swarthmore has organized a DRM Protest at Tower Records on Feb 25th, 2006. [via BB] The protest will take place Saturday, February 25th at noon at the Tower Records Store on South Street. It will continue into early afternoon. Free Culture wants to inform consumers of their fair use rights and warn them about the DRM threat. Related: freeculture.org
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Check out this email from an Emory Law School student to their professor: "You're spending too much time with my moron classmates and you ought to be focusing on those of us who are getting the material." [NYT: Why It's All About Me] Related: WSJ (free) Infamous Emails Don't Always Kill Careers
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Breast Cancer Hospitalization Bill The Breast Cancer Patient Protection Act will require insurance companies to cover a minimum 48-hour hospital stay for patients undergoing a mastectomy. The purpose of the bill is to eliminate "drive-through mastectomy" where women are often forced to go home hours after surgery against the wishes of their doctor, still groggy from anesthesia and sometimes with drainage tubes still attached. Lifetime Television has put this bill on their web page with a petition drive to show your support. Please sign the petition by clicking on the web site below. You need not give more than your name and zip code number. [http://www.lifetimetv.com/health/breast_mastectomy_pledge.html via my Mom] Related: 3Day
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More on the Big Law Blawg Conference from Cathy Kirkman at the Silicon Valley Media Law Blog.
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