Copyright

Several of you brought this sad news to our attention, including one tipster who wrote: “It’s gone! And I had a friggin bingo to put down.”
But we were already aware of the demise of Scrabulous. When we tried to access our games this morning, we received this message: “Scrabulous is disabled for US and Canadian users until further notice. If you would like to stay informed about developments in this matter, please click here.”
Sigh. Those pesky intellectual-property laws….
P.S. Kash is lucky. She reports that she still has Scrabulous access over in Hong Kong.
Scrabulous disabled Facebook users US Canada.jpg
Earlier: More Facebook Lawsuits: Hasbro Doesn’t Think Scrabulous Is Fabulous
(Threatened) Lawsuit of the Day: How Do You Spell ‘Infringement’?

Scrabulous Facebook.jpgFacebook, Facebook, Facebook. It’s all over the news these days due to a spate of lawsuits. If we weren’t so into Facebook, we might be over it. It’s way overexposed.
Anyway, here’s one of the latest suits. This one is near and dear to our hearts, as it concerns one of our favorite procrastination tools Facebook applications: Scrabulous. From the Associated Press:

The Indian creators of a Scrabble knock-off that has become one of the most popular activities on Facebook have been sued by Hasbro, the company that owns the word game’s North American rights.

You might think this will give you the opportunity to break your Scrabulous habit and stop wasting so much time on Facebook. Not so fast — Hasbro conveniently launched its own version and hopes to keep you hooked:

The suit against Scrabulous’s creators comes less than two weeks after the release of an authorized version of Scrabble for Facebook.
Hasbro said in its lawsuit that Scrabulous violates its copyright and trademarks. Separately, Hasbro asked Facebook to block the game.

(Lat, let’s not start a new game until they figure this out. I shall savor my recent victory for now.)
More Facebook legal news, and a reason to create a Facebook profile if you haven’t already, after the jump.

double red triangle arrows Continue reading “More Facebook Lawsuits: Hasbro Doesn’t Think Scrabulous Is Fabulous”

Scrabulous Scrabble Hasbro Mattel lawsuit Above the Law blog.jpgDo you have a Scrabulous problem? Are you addicted to the online version of Scrabble, which you can play via Facebook?
We had a Scrabulous addiction for a while, until we forswore the game. We’re finishing up current games; in fact, we just scored a bingo right before posting this (“OPERATED” — see board at right). But we are not starting or participating in new matches.
If you’ve been finding your own productivity impaired by Scrabulous, however, you may not need to give up the application. It may be taken out of your hands, over your protest. From the BBC:

Facebook has been asked to remove the Scrabulous game from its website by the makers of Scrabble. The Facebook add-on has proved hugely popular on the social network site and regularly racks up more than 500,000 daily users. Lawyers for toy makers Hasbro and Mattel say Scrabulous infringes their copyright on the board-based word game.

The move has sparked protests by regular fans of Scrabulous keen to keep the add-on running. Scrabulous is currently one of Facebook’s ten most popular applications – little programs that Facebook members can add to the profiles they maintain on the site….

The Scrabulous add-on was not created by Facebook but was built for the site by Rajat and Jayant Agarwalla – software developers based in Kolkata.

Apparently Hasbro and Mattel don’t look kindly on outsourcing to India — unlike, say, law firms. We’ll keep you posted about the fate of this game.
Facebook asked to pull Scrabulous [BBC]

Hillary Clinton witch Hillary Rodham Clinton Above the Law blog.jpg* Happy Birthday, Mrs. President! Scott Shrake conducts an astrological analysis of Hillary Clinton. [Huffington Post]
* Speaking of witch, is Stephen Colbert “the best-scripted candidate this side of Hillary Clinton”? [Radar Online]
* “‘Terrorism,’ Censored Legal Briefs & The Blogosphere: Awesome Together.” [Fishbowl NY]
* Lawsuit of the Day: Mom of “Let’s Go Crazy” Baby fights back. [ABC News]
* Benchslap of the Day: federal judge tells SEC lawyer, to “sit down” and “shut up.” [WSJ Law Blog]

robot intellectual property IP law Abovethelaw Above the Law blog.jpgSometimes it seems like we talk about the same handful of general practice Biglaw shops again and again. So let’s mix things up a bit. Here’s a suggestion from a loyal reader:

I’m in the field of patent law. It might be interesting to post a Fall Recruiting Thread that discusses both patent boutiques (Finnegan Henderson, Fizpatrick Cella, Kenyon & Kenyon) and general practice firms with a strong IP practice (Kirkland, Irell, MoFo, Jones Day, Ropes & Gray).

Yes, it might. So here’s that post — an open thread in which people can talk about firms that specialize in or excel at intellectual property law.
(Last month we had a post dedicated to discussion of compensation issues at IP firms. But this open thread is intended to be broader, to go beyond pay to discuss quality of life, strong practice areas, type of work, etc. Enjoy.)
Earlier: Nationwide Pay Raise Watch: IP Firms

Nixon Peabody LLP horrible theme song Above the Law blog.jpgRight now some of you are probably thinking: “Enough already about Alberto Gonzales and Michael Vick! Isn’t there anything else you can write about?”

Of course. Let’s go back to the story of Nixon Peabody, and its ridiculous law firm theme song!

(In preemptive response to those of you who are sick and tired of this story: relax. It’s on its last legs. But if the New York Times writes about us, of course we’re going to acknowledge it. Capice?)

For those of you were on vacation last week — and we know many of you were, based on all the “Out of Office AutoReply” messages we received — you missed a fun story here at ATL.

But don’t worry. If you don’t have time to read our voluminous coverage of the Nixon Peabody theme song, here are some cheat sheets.

You can read this New York Times story, by Michael de la Merced, which nicely summarizes the saga. Or this post, by Peter Lattman, over at the WSJ Law Blog.

Best of all, for those of you who can watch videos — some of you can’t, ’cause you don’t have a private office — check out this awesome video. It appeared over the weekend, but we’re reposting it, because many of you don’t visit ATL on the weekend (and it would be a shame for you to miss it).


Unauthorized Enjoyment of Song Irks Law Firm [New York Times]
Everyone’s a Winner at Nixon Peabody! [WSJ Law Blog]
Re: Nixon Peabody [YouTube]

Please see the short parody video posted below. Is this a casebook-ready example of “fair use,” or what?
To ChurchHatesTucker, who produced the video: You are a genius and a god.
(Please note that we had no hand in making this video. ChurchHatesTucker acted sua sponte, after reading this Techdirt story.)
Update: Blawg Review, quoting from Nixon Peabody’s own Copyright & Internet Law Glossary, explains why the video is fair use over here.

Re. Nixon Peabody [YouTube]

Nixon Peabody LLP horrible theme song Above the Law blog.jpgSadly, the humorless crew over at Nixon Peabody has had their fabulous law firm song — which, mind you, is NOT a theme song — pulled from YouTube. See here.
Even if it’s gone from YouTube, you can still access “Everyone’s A Winner” as a plain-vanilla MP3 file. Just click here. We incorporate by reference all of our prior commentary on the song.
This memorable tune will also live on in the blogosphere. Numerous fine websites and blogs picked up on the story of the Nixon Peabody song controversy. Here are a few links:
1. Law Firms, the Blogosphere, and Unexpected Attention [Volokh Conspiracy (Orin Kerr)]
2. That ridiculous Nixon Peabody “theme song” was for real [Daily Intelligencer / New York Magazine]
3. Wow. Big law is so lame. With a capital “L” [Legal Antics (Nicole Black)]
4. Nixon Peabody Throws Fantastic Tantrum: Threatens Blogger Over Leaked Song [Keeping Up With Jonas]
5. Blogger contends posting silly leaked law firm song is fair use [ZDNet (Denise Howell)]
6. Everyone’s a Winner (or, Friday Music Blog) [PrawfsBlawg (Liz Glazer)]
7. Sorry, but no one involved is a winner [IPTAblog (Andrew Raff)]
8. Best/Worst Law Firm Song. Ever. [the (non)billable hour (Matt Homann)]
9. OMG…The Worst Song Ever [Two Guitar Heroes and a Cat]
10. Everyone Is A Winner At Nixon Peabody [The Dish Daily]
11. Nobody Is Above the Law [Galley Slaves (Jonathan Last)]
If you know of a link that’s missing, feel free to email us, and we can add it. Thanks!
Update: Additional links:
12. Sure, your firm just gave you a $25k raise, but do you have a theme song? [Sophistic Miltonian Serbonian Blog]
13. Law Firm Going Crazy to Keep Its Corporate Song Off the Internet [The Startup Lawyer]
14. Law Firm Freaks Out That Ridiculous Corporate Song Leaked Out To Blogs [Techdirt]
15. Re. Nixon Peabody [YouTube (ChurchHatesTucker)]
Everyone’s A Winner at Nixon Peabody (mp3 file)
Earlier: Prior ATL coverage of Nixon Peabody (scroll down)

Nixon Peabody LLP horrible theme song Above the Law blog.jpgWe’ve been in touch with representatives of the Nixon Peabody law firm about the musical composition that we posted (mp3) and wrote about this morning. First they sent us a statement by email:

“This song was put together in celebration of Nixon Peabody’s Fortune 100 ‘Best Places to Work’ recognition. Nixon Peabody aims to be the best law firm to work with and the best law firm to work for. Fun is not prohibited here.”

Fair enough. But then we spoke with two firm spokespersons by telephone. They called us.

It wasn’t a very “[f]un” conversation. They weren’t happy campers. Even if they may be winners, since “everyone’s a winner at Nixon Peabody.”

this is not a pipe this is not a theme song Nixon Peabody NP Above the Law blog.jpgThey emphasized that the song was internal to the firm and is protected by copyright. They also insisted that it is NOT a “theme song” — in any way, shape or form.

They demanded to know who sent the song to us. We informed them that we don’t reveal our sources, unless served with a subpoena (and maybe not even then — a Judy Miller-style jail stint might be good publicity for ATL).

They asserted copyright over the song and asked us to take it down, from our site and from YouTube. We stated our view that posting and commenting on the song constitutes fair use. It also falls within our newsgathering mission as a media organization.

We explained that our site is all about law firms and the legal profession. They said: “We know what you’re about.”

They claimed the person who leaked this song is “in a fight” with Nixon Peabody, and menacingly stated that they (meaning NP) “don’t intend to let this thing lie.” We informed them that we have no desire to get involved in the firm’s purported dispute with this unnamed individual. And that’s where we left things.

More thoughts after the jump.

double red triangle arrows Continue reading “Nixon Peabody: This Is Not a Love Theme Song”

From Vulture / NYM:

Seventies power-pop band the Rubinoos sues Avril Lavigne, claiming her cheerleader-rock song “Girlfriend” sounds like their 1978 track “I Wanna Be Your Boyfriend.” Curiously, neither Toni Basil nor the Ramones, both of whom the song gloriously does rip off, are party to the suit.

Wondering if the Rubinoos’ suit has merit? You be the judge:

In our opinion, other than the “hey hey you you” part — words that, of course, appear in 27 percent of all pop songs — we don’t think the two works sound that similar. But that’s just our opinion.
Avril Lavigne’s Music Sounds Likes Other People’s Music [Vulture / New York Magazine]
Seventies Band Sues Lavigne Over ‘Girlfriend’ [Billboard.com]
AVRIL LAVIGNE GETS SUED! SONG COMPARISON! [YouTube]

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