Copyright

If you enjoy streaming movies at home through Netflix or Amazon Prime (or whatever other service you use), get ready to start paying more, because there’s a new technology just dropped off at the patent office that promises to keep you from enjoying movies with a few friends.

If you’re wondering why anyone would let this technology into their home, rest assured thousands will. Even you might, unwittingly.

And who’s to blame for this patent? Wait for it after the jump…

Oh what the hell, it’s totally Microsoft…

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So, you may recall that as a part of Judge Otis Wright’s Prenda sentencing, he ordered that a copy of the ruling be submitted in every other case involving Prenda:

For the sake of completeness, the Court requests Pietz to assist by filing a report, within 14 days, containing contact information for: (1) every bar (state and federal) where these attorneys are admitted to practice; and (2) every judge before whom these attorneys have pending cases.

In one Prenda case (involving AF Holdings again) in the Northern District of Georgia, the defendant, Rajesh Patel, and his lawyer, Blair Chintella, submitted Judge Wright’s ruling themselves to the court in the case. As pointed out by Fight Copyright Trolls, Prenda’s local counsel in Georgia, Jacques Nazaire has filed one of the most ridiculous filings we’ve ever seen yet in all of the Prenda filings. It argues that the court should not allow Judge Wright’s order to be entered into the docket because California recognizes gay marriage and Georgia does not. I’m not joking…

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Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so…. Heeding Lincoln’s wisdom, and the requirements of the Copyright Act, we conclude that merely calling someone a copyright owner does not make it so.

– Judge Richard Clifton, writing for a unanimous panel of the Ninth Circuit in Righthaven LLC v. Hoehn.

(Additional commentary about this interesting case, after the jump.)

double red triangle arrows Continue reading “Benchslap of the Day: Ninth Circuit Smacks Copyright Trolls”

Casey Anthony

* Right about now, the Second Circuit is wondering why authors are suing Google and crying infringement over the Internet company’s e-book project, especially since digitization could benefit so many of them. [Thomson Reuters News & Insight]

* This is the end of an era of legal battles: Jeffrey Skilling, Enron’s former chief executive officer, is getting a little shaved off the top of his 24-year prison sentence thanks to a deal with the Department of Justice. He’ll be out in 2017. [CNBC]

* Biglaw expected to have a slow start in 2013, but no one expected it to be this slow. The latest Citi report wasn’t exactly encouraging; on average, firms saw a 0.2% increase in revenue during the first quarter. [Am Law Daily]

* In the past decade, the American Bar Association has created six task forces to explore changing the face of legal education as we know it. Funny… nothing’s really changed. [National Law Journal]

* Bail for Ariel Castro, the accused Cleveland kidnapper, has been set at $8 million. “Just think of how many ribs and salsa albums could be bought with that, bro,” said Charles Ramsey. [Chicago Tribune]

* Casey Anthony had a bankruptcy hearing yesterday, but that news was overshadowed because everyone cared more about the girl who wasn’t going to get away with murder. [Orlando Sentinel]

* A senior litigation associate at Paul Hastings, Ryan Nier, has decided to participate in something called the Death Race, and it has nothing to do with the drive for partnership. This Death Race is 50-mile mountain endurance/obstacle race that takes somewhere between 24 and 48 straight hours to finish. Only a handful complete the race every year, and Nier is determined to be one of them. From what we’re told, Paul Hastings has been entirely supportive of Nier, which is cool because he’s using it as an opportunity to raise money for charity. But who knows how supportive they’ll be when they realize he won’t have Blackberry access on top of the mountain for 48 hours. For more information about the Death Race, check out the website. [The Death Race]

* Law student golfing across the U.S. So, I take it summer associate gigs are still scarce? [Golf.com]

* “Guess What the Air Force’s Chief of Sexual Assault Prevention Was Just Arrested For…” Hard to top that headline. [Lowering the Bar]

* Harper Lee suing over “To Kill a Mockingbird” (affiliate link), alleging that the son-in-law of her literary agent botched the copyright. *Insert cheap Atticus Finch joke here* [Washington Post]

* Gigi Jordan case gets even uglier with misconduct charges flying around. [Thompson Reuters News & Insight]

* Dr. Phil is suing Gawker alleging that the website posted a video of the pop psychologist’s interview with Manti Te’o, stifling ratings. So Dr. Phil thinks his audience strongly overlaps with Gawker’s. I’m incredulous. [Yahoo! Sports]

* This is why an over-aggressive cease and desist letter can get you into more trouble. Enter the world of the “miniature war-gaming community.” [Popehat]

* A guide to the questions applicants need to be able to answer at OCI. The best? “Describe a situation when you had to think on your feet to extricate yourself from a difficult situation.” This provides insight into how the applicant will deal with virtually every situation that ever comes up in Biglaw. [Ms. JD]

When an opinion opens with a quote from The Wrath of Khan, something is about to happen.

What followed was a straightforward benchslap littered with Star Trek references. More than a little fitting that an opinion about allegedly illegal porn downloads would focus on the pop culture universe most closely associated with 40-year-old virgins.

It’s not the cohesive, brilliant opinion about strip clubs that we recently got out of Judge Fred Biery. Instead, the opinion draws wry smiles for laying out nothing but a string of references to Star Trek seemingly designed just to prove to his fellow nerds that the Judge knows Star Trek.

Which, in a sense, makes this opinion the most “Star Trek” thing ever…

double red triangle arrows Continue reading “Prenda Boldly Benchslapped Where No One Has Gone Before”

* There’s been a changing of the guard at Sidley Austin. Carter Phillips, one of our nation’s preeminent appellate advocates, is now the sole chair of the firm’s executive committee after a one-year stint as co-chair. Congrats! [The Recorder]

* You should really try to make the most of your summers during law school, even after your first year. Because duh, in case you weren’t aware, it’ll probably help you to get a job later on. [Law Admissions Lowdown / U.S. News & World Report]

* It looks like the trolls attorneys behind Prenda Law got benchslapped in the worst of ways — complete with a multitude of Star Trek references. We’ll likely have more on this later today. [Ars Technica]

* The California Supreme Court just ruined everyone’s high, because it ruled that cities and counties can ban medical marijuana dispensaries. Smoke ‘em while you’ve got ‘em, stoners. [Associated Press]

* Justin Bieber is being sued for copyright infringement, along with his musical mentor, Usher. Tween girl mob: ASSEMBLE! Defend your pop idol’s honor; after all, he just needed somebody to love. [Reuters]

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.

Michael Carusi points us to the news that Warner Bros., MGM and Universal Studios have agreed to pull nearly 2,000 films from Netflix’s library, in order to put them in the Warner Bros. Instant Archive. You may recall that Warner recently launched this archive, which is an incredibly overpriced and ridiculously limited offering. Apparently, they’re trying to bolster the offering in part by hurting Netflix. As we’ve warned, this sort of fragmentation does little to help anyone…

double red triangle arrows Continue reading “Warner Bros., MGM, Universal Collectively Pull Nearly 2,000 Films From Netflix”

* We know you’re all excited about the new RANKINGS, but tonight is also the LAST NIGHT to vote for Law Revue finalists. [Above the Law]

* “It’s totally reasonable to spend $75 just for a shot at an unpaid internship,” said no one ever. [Craigslist] UPDATE: The crafty employer took it down already. But they didn’t count on me getting a screenshot and transcribing it. Check it out after the jump!

* Kirkland & Ellis (or any Biglaw firm) handing out advice on women and “work/life balance” should elicit exactly this response. [UChiLawGo]

* Reading Above the Law can make you money. Sure, it’s only by boosting your severance package, but… [A Paralegal's Life]

* Several law school professors were recruited from prison. So if you’re hoping to get tenure… [Dallas Blog]

* Pirate Bay is still out there hopping around the Caribbean to avoid prosecution. Just like real-life, well, you know. [IBTimes]

* Running over a bicyclist? Accomplishment unlocked for some real-life GTA players. [Legal Juice]

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* The New York Post responds to critics of its Boston attack coverage. [The Onion]

* I’m just going to quote our tipster on this one because I cannot improve upon his commentary: “Because we should publicize every time a Donald Trump lawsuit fails.” [Chronicle of Higher Education]

* DOUBLE F**KING NEWSFLASH: this pissed off sorority girl will write the BEST cease and desist letters someday. [Gawker]

* CVS: the place with the helpful, anti-Asian racist staff! [Associated Press via Yahoo! Finance]

* The Supreme Court stands up to warrantless searches. Sort of. [Simple Justice]

* Sports franchise owners totally rip off the communities they supposedly serve? [Lawyers, Guns & Money]

* You’d think an intellectual property firm would know better than to commit copyright violations. [Law 360]

* Good news, law students! You can get a casebook for the low, low price of $200! [PrawfsBlawg]

* Rachel Ray sued for negligence in trying to help a teen lose weight. If the goal was weight loss, Rachel should have just forced the girl to exclusively eat from Rachel Ray’s cookbook. Nothing can turn someone off eating like that. [US Weekly]

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