* For any Catholics hitting up PaddyPower to lay down money on the conclave, you’ve probably had some restless nights wondering if Pope Gregory XIV’s edict per the Ius Decretalium still applies. It doesn’t. That’s a load off. [Canon Law Blog]
* A number of strip clubs are challenging San Antonio’s new regulations. One key to their argument: “the presentation of expressive dance performances is a beneficial social activity which creates an improved self image for the dancer….” Yeah, good luck with that argument. [KEGL]
* If you’re looking for emotional distress damages, maybe lay off the “I’m just embarrassed to be seen with him now” arguments. [Lowering the Bar]
* To challenge the law letting the government tap your communications in secret, you need to have full knowledge that the secret recording is happening. Thanks Joseph Heller. [Volokh Conspiracy]
* The new Copyright Alert System goes into effect, allowing copyright holders to make your service provider slow your Internet to a crawl if you’re identified as a repeat violator. I don’t see what the big deal is, but then again, I’m still using a Prodigy account. [Gawker]
* MC Hammer is softening, but still a tad miffed after police booked him for an expired registration after he told them, “U Can’t Touch This.” [Los Angeles Times]
* Are you kidding? University of North Carolina’s “Honor Court” is threatening to expel a student for “intimidating” her attacker by discussing that she was raped — without identifying her attacker. This is why North Carolina can’t have nice things. [Feministing]
Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
Universal Studios seems to have some trouble establishing concrete ideas and positions when it comes to copyright on its own products. In recent iterations, this has manifested itself in the form of their protesting a parody of 50 Shades of Grey while conveniently ignoring that work’s birth in the form of Twighlight fan-fiction. Alternatively, there are times when Universal doesn’t even seem to know what it holds the rights to and what it doesn’t. Well, it turns out that these stumbles aren’t exactly a new experience for Universal.
Chris O’Donnell writes in with the historical and hysterical case of Universal suing Nintendo over Donkey Kong shortly after Universal itself had argued that the property the dispute was based on, King Kong, was in the public domain. See, back when Michael Jackson was still best known for his music, Nintendo came up with their iconic Donkey Kong character, admittedly in some part inspired by the famous King Kong character. This inspiration, it turns out, came after the fact, but that didn’t stop Universal Studios from filing suit against Nintendo, because they had released a remake of King Kong a few years earlier. While some within Nintendo wanted to simply settle with Universal and move forward, others within sought out the words of a key ally to fight against them, and that ally was Universal Studios.
* A new lawsuit asks, “Who owns Sherlock Holmes?” That sounds like a mystery suitable for… ugh, I can’t bring myself to finish that gag. [Courthouse News Service]
* The well-oiled train wreck that is the NCAA finds itself in hot water for ignoring legal advice and going after Miami using privileged information. Lawyers are often maligned by non-lawyers, so let’s enjoy this article from a sports columnist explaining why lawyers can be awesome. [EDSBS]
* There’s a new iTunes app to keep track of your hours! I’m assuming it has a Biglaw feature to pad hours. [Herald Online]
* A trilogy of articles about California’s prison “realignment,” described as “The Best Trilogy Since Star Wars.” I’m certainly hoping this isn’t a reference to Episodes I-III. [PrawfsBlawg]
* The third in an ongoing series of posts covering the trial of DC superhero Firestorm. Too bad he doesn’t have that split personality defense to fall back on. For the three of you who got that joke, you’re welcome. [Law and the Multiverse]
‘Read me some Camus to cheer me up.’ — Hayley Franklin, 3, after hearing new birthday song.
Ever notice that movies and TV shows go out of their way never to sing “Happy Birthday To You” on-screen? Well that’s because Time Warner owns the copyright and rides that cash cow to the tune (hah!) of $2 million every year. Every unauthorized rendition of the song is technically worth $700 in royalties payable to Time Warner.
Time Warner’s zealous enforcement has even raised concerns that YouTube may have to take down videos of kiddie parties singing the song.
How can we break Time Warner’s stranglehold over our annual celebration of our own impending mortality? A New Jersey radio station (WFMU) decided to write a new song to replace “Happy Birthday To You” and brought in Harvard professor Larry Lessig to judge the competition.
A video of the new song that you’ll come to love appears after the jump. And by love I mean, “listen to, laugh, and hope to purge from your memory”….
You can do so much with a law degree: securities litigation, real estate, executive compensation, porn production…wait, what?
The Internet, one of the greatest technological achievements in human history, is mostly for porn distribution (not really, but that’s the popular misconception). And if the Internet is littered with copyrightable pornographic material, there’s an opening for attorneys to make some money helping clients go after those who steal that material.
But what if a law firm, operating through shell companies, started making its own porn in order to concoct its own causes of action? I mean, that couldn’t happen, right?
Well, Judge Otis Wright of the Central District of California suspects that may have just happened in his courtroom, and he’s not happy….
* This guy could teach a master class in how to stand by your (wo)man. Mary Jo White’s husband, John White, will relinquish his equity partner status at Cravath upon her confirmation as the head of the Securities and Exchange Commission. [Am Law Daily]
* Macho, macho man: it looks like we’ll never know if Dechert actually has a “macho culture,” because the FMLA and paternity leave case that questioned the very existence of this Biglaw subculture was settled out of court. [National Law Journal]
* Why you gotta go and ruin Valentine’s Day for everyone at O’Melveny and Akin Gump? Apple’s request to speed up the Greenlight Capital case was approved, with arguments now scheduled for February 19. [CNET]
* Despite her nomination being crapped on by the Senate, Jenny Rivera, the CUNY School of Law professor, was recently confirmed as an associate judge of the New York Court of Appeals. [New York Law Journal]
* “Behold, the instrument of your liberation!” Survivors of the Aurora movie massacre are being harassed by conspiracy theorists, and the DA asked the judge to scrub their names from the record. [Courthouse News]
* Shorter version of this article: Morpheus explaining, “But when you’re inside, you look around, what do you see?…The very minds of the [nice legal academics] we are trying to save. But until we do, these [law professors] are still a part of that system and that makes them our enemy.” [Inside the Law School Scam]
* New Mexico is considering a new law against bullying — but does it go too far? Does it? Answer me, you little wuss! [Volokh Conspiracy]
Have you been holding off on buying your copy of Supertrain: The Complete Series in hopes of downloading it illegally without fear of reprisal? Well, you have a friend in Antigua & Barbuda.
In a Monday decision by the World Trade Organization, Antigua & Barbuda can now legally offer downloads of copyrighted U.S. works, and there’s not a damn thing the U.S. can do about it.
The decision marks the latest chapter in the long-running trade dispute between the U.S. and the tiny Caribbean nation over Antigua’s internet gambling industry. The U.S. banned Antigua’s internet casinos, Antigua took the U.S. to court through the WTO, and Antigua won — and has continued to win — consistently throughout the appeal process.
And now, in what passes for the sentencing phase of the WTO proceedings, Antigua has earned the right to violate the hell out of U.S. copyrights up to the value of $21 million a year.
Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
We’ve covered the Stephanie Lenz / dancing baby / fair use case for years — but now it looks like there’s finally going to be a trial to consider if Universal Music can be punished for sending a DMCA takedown notice on a video of Lenz’s infant son dancing to 29 seconds of a song by Prince, which Lenz asserts was clearly fair use.
If you haven’t followed the case, it’s been argued back and forth for years. At one point, the court ruled that a copyright holder does need to take fair use into account before sending a DMCA takedown, but that there needs to be “subjective bad faith” by Universal Music in sending the takedown. In other words, Lenz (and the EFF, who is representing her) needs to show, effectively, that Universal knew that it was sending bogus takedowns. The EFF has argued that willful blindness by Universal meant that it had knowledge (amusingly, using precedents in copyright cases in the other direction, where copyright holders argue that willful blindness can be infringement)….
What I find controversial is the Third Circuit’s adoption of Judge [Stanley] Chesler’s conclusion that there is one rule of law applicable to inner-city phrases and street language, and a different rule for language and phrases used by white people in the suburbs.
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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 six years. You can reach them by email: email@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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