But in a series of cases this week about law enforcement searches of cell phones, we caught a glimpse of the Supreme Court’s real technology problem. Here’s what it comes down to: it’s not essential that the Court knows specifics about how technology itself works—and as Timothy Lee argues, that might even tempt them to make technology-based decisions that don’t generalize well. However, it is essential that the Court understands how people use technology, especially in areas where they’re trying to elaborate a standard of what expectations are “reasonable.”
We didn’t write about this case when it came out because it just seemed so ridiculous, but filmmaker Quentin Tarantino sued Gawker Media earlier this year for linking to a script he had apparently been working on. There had been a bunch of media coverage over the fact that his script for The Hateful Eightleaked, and was being shared around Hollywood, though not online. Gawker then asked anyone if they’d seen a copy, leading to a followup post which included a link to the newly leaked script….
A few states are still wrapped up in the “knockout game” panic, despite there being very little evidence that it’s even a thing, much less something that can’t be handled by existing assault laws. But since no panic can be allowed to escape unlegislated, sweaty-browed legislators are pushing bad, broadly-written bills in order to put an end to this scourge, one that lies somewhere between “vodka tampon” and “jenkem” on the scale of believability.
Why can’t movie-streaming sites deliver the selection of movies that customers obviously want? This was the question posed by a recent New York Times column, comparing undersupplied services like Netflix with unauthorized platforms like Popcorn Time. The answer, the Times explains, is windowing—the industry practice of selling exclusivity periods to certain markets and platforms, with the result of staggered launches.
But the Times fails to ask a more fundamental question: why do streaming sites have to listen to Hollywood’s windowing demands in the first place? After all, while it’s clear why the studios like windowing—they can sell the same rights over and over once the promised exclusivity periods expire—it doesn’t seem like a very good deal for users. Those users get access to a smaller selection, higher prices, and fewer choices between platforms and services. It should be astonishing that a company that once had to maintain and transport a staggering inventory of fragile plastic discs is able to offer less when its marginal cost dropped to near zero.
The problem is that, unlike earlier movie-rental options, streaming rights fall fundamentally within a permission culture….
The copyright industries’ obsession with trying to shoot down piracy at all costs can sometimes cause them to end up shooting themselves in the foot. Here, for example, is a great example from Microsoft, which has recently been fulminating against the dangers of software piracy:
A new study released Tuesday reaffirms what we in Microsoft’s Digital Crimes Unit have seen for some time now — cybercrime is a booming business for organized crime groups all over the world. The study, conducted by IDC and the National University of Singapore (NUS), reveals that businesses worldwide will spend nearly $500 billion in 2014 to deal with the problems caused by malware on pirated software. Individual consumers, meanwhile, are expected to spend $25 billion and waste 1.2 billion hours this year because of security threats and costly computer fixes.
Way back in 2006, we wrote about how the Los Angeles wing of the Boy Scouts of America had started offering an MPAA-supported patch in “respecting copyright,” in which “respecting copyright” was actually respecting the MPAA’s misleading maximalist view of copyright. It took some time, but it appears that the Girl Scouts are finally catching up. The Intellectual Property Owners Education Foundation has helped create a special new “IP patch” for the Girl Scouts.
A few months ago, we noted that the FBI had quietly admitted that its primary function was no longer law enforcement (as it was supposed to be), but rather “national security.” Because fighting terrorism is hot. Putting bankers destroying the economy in jail? Not hot. As we noted at the time, the numbers showed that the FBI was putting a huge part of its budget towards “counterterrorism” (potentially doing much more to destroy your civil liberties than the NSA) and its efforts to take down white collar crime was dropping significantly.
Smokey Robinson sued his ex-wife, Claudette Rogers Robinson, seeking declaratory judgment that he may terminate and “recapture” the copyrights to all the songs he wrote during their marriage, and that she cannot claim interest in them under California community property law.
Robinson is reclaiming the rights to his pre-1978 songs from Jobete Music Co., something many artists are doing as copyright termination goes into effect. Robinson’s main problem, oddly, isn’t Jobete arguing that the songs were “work for hire,” but rather that his ex-wife (who he divorced in 1985) believes she should be entitled to 50% of whatever income these songs generate.
Just recently, we wrote about how the Department of Homeland Security’s (DHS) Customs and Border Patrol (CBP) has been increasingly detaining and harassing people at the border (or near the border) under highly questionable circumstances — and then refusing to comment on any of it. Instead, CBP has relied on a cloak of secrecy to live outside the law, acting out what we’ve come to expect from authoritarian police states. Recently, the ACLU filed a lawsuit on behalf of a woman, Christine Von Der Haar, who is a senior lecturer at Indiana University, after CBP detained her at the airport….
In our post yesterday about Judge Alex Kozinski’s horrifically bad ruling in favor of Cindy Garcia, an actress who briefly appeared in the infamous YouTube video “Innocence of Muslims,” we also mentioned the astounding gag order that Kozinski placed on Google/YouTube, saying that the company was simply not allowed to tell the world that the video had been ordered censored by a court for at least a week. However, the gag order is so crazy that it seemed worth a second post. It already appears to be a classic First Amendment violation to order Google to take down all copies of the video (and prevent new ones from being uploaded), but Kozinski seems to double the First Amendment problems with that gag order.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at firstname.lastname@example.org or email@example.com. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
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