Copyright

houdiniIn 1926, Harry Houdini did not have a happy Halloween. The world-famous magician and escape artist died on October 31, 1926, at the age of 52. The man who appeared to cheat death countless times died of peritonitis, the last in a month-long series of injuries and ailments that included a ruptured appendix — the result of surprise punches to his stomach from a McGill University student. This week, On Remand looks back at The Great Houdini and the cases of two magicians who used the legal system to try to take their secrets to the grave…

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Ultron1As the saying goes, death and taxes are both certainties — as is the fact that politicians lie. But another near universal certainty is that Marvel will totally freak out whenever it gets the slightest inkling that its intellectual property is threatened. The latest head-scratching example of this was yesterday’s leak of a trailer for The Avengers 2, which Marvel promptly DMCA’d.

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220px-Eric_Holder_official_portrait* Eric Holder gave millions to Nazis! Or at least that’s how Darrell Issa will put it. But seriously, the Department of Justice has a long-standing policy of allowing Nazi war criminals to collect Social Security payments if they agree to get the hell out of the U.S. [Associated Press via New Europe]

* A Cleveland attorney, Peter Pattakos, is not worried about contracting Ebola, even though he was in a room with a current Ebola patient, because Pattakos is neither a crazy person nor a cable news producer and realizes that he never exchanged bodily fluids with the patient. As he points out, “I’m much more likely to be mistakenly killed by a police officer in this country than to be killed by Ebola, even if you were in the same bridal shop.” [Cleveland.com]

* Chanel is suing What About Yves for trademark infringement. The question Professor Colman asks is whether “we really want a trademark ‘protection’ regime in which mark ‘owners’ can prevent creative, non-confusing uses of ‘their property.'” [Law of Fashion]

* One for the career alternatives file: Miami lawyer who ranks local restaurants opens his own restaurant. At ATL we rank law schools, maybe we should open our own law school. [Southern District of Florida Blog]

* Academic publishers fighting the war on common sense by charging an arm and a leg for access to research that is written and peer reviewed by other people for free scored a victory on Friday when the Eleventh Circuit rejected the lower court’s articulation of educational fair use in the digital age. [The Chronicle of Higher Education]

* Balancing parenthood and the “jealous mistress” that is the practice of law. [Jed Cain]

* An amazing symposium on campaign finance reform from the NYU Law Review and the Brennan Center for Justice. It’s a wealth of content. [NYU Law Review]

* Josh Gilliland from The Legal Geeks gave a presentation on Agents of S.H.I.E.L.D. and the Law at the San Diego Comic Fest, which sounds much more fun than any “and the Law” class I ever took. He’s provided his slideshow presentation…

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Blogging TypewriterEugene Volokh points our attention to yet another bizarre copyright case, Denison v. Larkin, in which lawyer Joanne Denison argued that the Illinois Attorney Registration and Disciplinary Commission (IARDC) infringed on her copyrights by using portions of her own blog as evidence against her during a disciplinary proceeding.

Not surprisingly, the court soundly rejected this particular interpretation of copyright law….

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In the mists of the ancient past, the American legal profession agreed to cede responsibility for developing a consistent citation method to the most anal-retentive of law school gunners determined to lord their mastery of unnecessary commas over people. Ultimately, the whole thing is an exercise in hazing law students. Torturing students over questions of underlining or italics is kind of a lame hazing ritual, but long gone are the days when a young Louis Brandeis was dared by ne’er-do-well Harvard 3Ls to head down to the local theater and yell “Fire!”

But the Bluebook is also a cash cow because every lawyer needs to own a copy that they’ll promptly ignore because in the real world, everyone blindly trusts their online research database to get it right and barring that, no one much cares about the minutiae of the Bluebook as long as everyone can easily find the source. Besides, you can get close enough for government work with the outdated ratty copy you were issued in law school. Very few judges are going to flip out if you signal “See” where you could just insert the cite.

Now that cash cow is in jeopardy, because one law professor thinks he can get everyone a free copy of the Stickler’s Bible. How, you ask?

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* Justice Sotomayor would like to remind you that just because you’ve been to one Indian casino, that doesn’t mean all Native Americans are fantastically wealthy. [KGOU]

* Nor is every Native American cured by this news, but this is certainly a start — the Department of the Interior will sign a $554 million settlement in the breach of trust case brought by the Navajo nation. [Buckley Sandler LLP]

* A Peruvian woman has sued Disney for $250 million because she alleges that Frozen is a rip-off of her life story. Because she has magic ice powers? I guess. Actually, it looks like the only connection is that she lived in a cold place and had a sister. This reminds me of my lawsuit against Chuck Palahniuk for basing Fight Club on my life story. Not that I ran anarchic underground fight clubs, but because one-time at camp I made a bar of soap. [Bustle]

* Law professor goes after revenge porn and patent trolls because he’s trying to win the title of best person ever. [Brooklyn Paper]

* Harold Hamm, Continental Resources’ Chairman and CEO — and former energy adviser to Mitt Romney — is staring down the barrel of a massive divorce settlement. So he takes a page from Romney’s adversary. Hamm is arguing that his fortune… he didn’t build that! He was just the beneficiary of a good market rather than a contributing factor so he doesn’t have to share. [Upstream Online]

* The CAC launches a new series on the Roberts Court at 10. It’s hard to believe how long ago that was. When the Chief Justice took over we still thought the ending of Lost was going to make sense! [Constitutional Accountability Center]

* Winston & Strawn lawyer turned famous LEGO artist Nathan Sawaya opened a new show in London. Sculptures made of thousands and thousands of hand-assembled bricks. Just in case you were wondering if there was a task more boring than document review. [Yahoo! Canada News]

* Paul Clement and Mike Carvin offer a SCOTUS preview. [Heritage Foundation]

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We’ve written a few times in the past about how the entertainment industry’s woeful job of preserving and archiving old works has resulted in culture being lost — but also how unauthorized copies (the proverbial “damn dirty pirates”) have at least saved a few such treasures from complete destruction. There was, for example, the “lost” ending to one of the movie versions of Little Shop of Horrors that was saved thanks to someone uploading it to YouTube. Over in the UK, a lost episode of Dad’s Army was saved due to a private recording. However, Sherwin Siy points out that the very first Super Bowl — Super Bowl I, as they put it — was basically completely lost until a tape that a fan made showed up in someone’s attic in 2005. Except, that footage still hasn’t been made available, perhaps because of the NFL’s standard “we own everything” policy.

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Thomas Hale Boggs Jr. (1941-2014)

* Tommy Boggs, the name behind Squire Patton Boggs, has died at the age of 73. [On Politics / USAToday]

* As you read all the over-the-top awful details from the Rep. Mark Sanford divorce hearing, remember there was a day not too long ago that he was considered a serious presidential contender. [Wonkette]

* In his deposition, Robin Thicke says he was too drunk and high to write that rapey song about getting women drunk and high. [Music Times]

* Stymied in his bid to become Assistant Attorney General for Civil Rights, Debo Adegbile will have to settle for becoming a partner at WilmerHale. [Law Blog / Wall Street Journal]

* Legal and public health problems of the wireless age. [Consumer Law & Policy Blog]

* The second in a series on Charlotte Law School by a former professor. The first addressed the school’s treatment of faculty and staff. This one talks about the school’s treatment of students. [Outside the Law School Scam]

* If you’re a law student in the New York area, Marino Bar Review is hosting an open bar tomorrow. Check it out. [Above the Law]

* David Letterman and CBS got smacked with the latest internship class action. To think, poor Paul Shaffer’s been working for free all those years. [Deadline]

* Class action could be on the horizon over high-frequency trading. [Wall Street Journal]

* Frankly, I don’t know what the problem is. [Washington Post]

* You may have been following the story of Justice Ginsburg’s officiating a wedding in New York this weekend. Well, if so, here’s the Times write-up. [New York Times]

* The federal courts are looking at tightening the word limits on appellate briefs. How do you feel about this move? I’m with the author that “The number of cases where attorneys think they need a word extension is greater than the number of cases that actually warrant one.” [New Mexico Appellate Law Blog]

* Scott Brown, formerly of both Massachusetts and the Senate, is threatening to sue Harvard’s Larry Lessig after Lessig labeled the Nixon Peabody “advisor on governmental affairs” a “lobbyist.” Lessig asks if the campaign preferred he write the more technical, “sold his influence to a DC lobbying firm.” Ha. [Time]

* Fordham professor Susan Scafidi, founder of the Fashion Law Institute and designer Narciso Rodriguez make the case for strong legal protection for fashion designs. [Room for Debate / New York Times]

* On Friday, Keith Lee wrote about a lawyer who billed a client for sanctions. We’ve written before about lawyers billing for the time spent boning their clients. A law professor who teaches professional responsibility asks: “Is billing for sanctions better or worse than billing for sex. I say sanctions. Can we have a survey on this?” Of course you can. Poll after the jump….

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I asked my fiancée if she wanted to see naked pictures of Jennifer Lawrence. “Sure.” So I showed her. “She looks good.” Then she scratched her nose and went back to planning our wedding. “What about Kate Upton?” “Sure.” So I showed her. “She’s got huge boobs.” Her nose still itched. The seating chart was still totally fudged up. Pretty uneventful Sunday night as those go.

Last weekend, the Internet exploded in a terrific tumescence over naked pictures of women. You probably heard. But now, after the hot action, and while the whole world smokes a post-coital cigarette, we are left to sort through the regret. Chief among this shame is news that one of the stars of the tawdry affair may have been underage when the pictures were taken. Mc-kay-la: the tip of the tongue taking a trip of three steps down the palate to tap, at three, on the teeth. Mc. Kay. La.

ESPN, your trusted source for manufactured controversy, chose to report on this actual controversy in the most opaque manner possible.

Here’s how…

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