Now the case is back before the appeals court as the Authors Guild is insisting loudly that it’s not fair use.
Captainamerica1* Finally something with bipartisan support. Nazis are bad. [Lowering the Bar]
* 80 year old law student graduates. We would say he’ll literally being paying this off for the rest of his life, but… England. [Legal Cheek]
* Elie was in the paper today! [New York Daily News]
* Yesterday we had a partner admitting law firms are targets for hackers. Maybe those hackers should take on the geniuses at Sony. [Gawker]
My Journey From Biglaw to SmallLaw
More Bad Cybersecurity News – Top-Tier Malware Regin Used for Spying Since 2008
Morning Docket: 12.04.14
* Looking for a cool job? Here’s one. Seriously, this looks like a great gig for someone looking to get into altLaw. [Diligence Engine]
* Biglaw runs up big bills. Really big bills. [Last Honest Lawyer]
* Blast from the past: patent pendency in 1993. [Patently O]
Ed note: This post originally appeared on Winstead’s WinTech Blog. Scientists often confuse “authorship” in a manuscript with “inventorship” in a patent application or a patent. More often than not, scientists will list everyone involved with an invention or a manuscript describing the invention, as inventors while filing a patent application. These include individual(s) involved […]
* The Sixth Circuit, in an opinion by Judge Jeff Sutton, just upheld four states’ bans on same-sex marriage. Next stop, SCOTUS? [BuzzFeed]
* JPMorgan Chase really doesn’t want people to hear this woman’s story. [Rolling Stone]
* Dating site busted for sharing users’ STD info. [Slate]
* If you’re opting for a life of crime, dream bigger. [Legal Juice]
* There’s a patent on filming yoga classes. So class, you’re going to transition from “downward dog” to “shameless patent troll.” [Lowering the Bar]
* The continued existence of Thomas Jefferson School of Law has spawned so many good lines. The Times compared the school to Dracula. Now Steven Harper describes it as “throwing furniture into the fireplace to keep the house warm.” [TaxProf Blog]
The cases of two magicians who used the legal system to try to take their secrets to the grave.
* He stuck all that cocaine, where? [Legal Juice]
* We saw the list of the Most Impressive, but what can you really tell about a law school from its building? [PrawfsBlawg]
* A musical about Thomas Jefferson’s moose skeleton and what it means for Internet regulation. It makes more sense than it sounds. [The Volokh Conspiracy / Washington Post]
* Virginia’s Supreme Court to hear the Case of the Annoying Yelpers. [WTOP]
* SLU law professor Justin Hansford writes about his experience as a legal observer to the protests following the Michael Brown killing. [The Faculty Lounge]
* Interesting piece on the “multiple jeopardy” faced by patentees. [Patently-O]
Another near universal certainty is that Marvel will totally freak out whenever it gets the slightest inkling that its intellectual property is threatened.
* 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…
Not surprisingly, the court soundly rejected this particular interpretation of copyright law….
How can you fight back against so-called "patent trolls"?
* Congratulations to Tony West on his new gig as General Counsel of PepsiCo. It sounds like an exciting and challenging opportunity. Plus, you know, free Mountain Dew. [Politico]
* What the hell? The feds stole a woman’s identity and made it into a Facebook page. Well, now she’s found out and she’s suing. Identity theft was one thing, but the way the DEA Agent kept spamming the woman’s friends to play Candy Crush Saga was just unacceptable. [Buzzfeed]
* Time for some court news: Ninth Circuit joined the chorus in striking down gay marriage bans in Idaho and Nevada. [Ninth Circuit]
* It’s Nobel Prize time, and one of the winners for Physics has a personal story about how important it is to hire a good lawyer. In fact, it was about $180 million important. [Slate]
* We constantly beat the drum of how law schools need to adjust to reality and stop duping students into terrible financial decisions. But here’s the PR secret that’s kept law schools from, by and large, collapsing: they sell the experience. [Law and More]
* An open letter begging Amal Alamuddin not to quit her day job now that she’s married to some acting guy. [The Careerist]
* New York City paid $50K to settle a lawsuit brought by the family of a child who killed herself after school officials allegedly did nothing despite several warnings that the girl was being brutally bullied. There’s a lot of “in my day…” types who read this site who may not care about bullying, but this is more a question of irresponsibility. If your job is to provide a safe learning environment and you fail, you pay. [DNA Info]
* At oral argument, the Court seemed generally supportive of the Muslim inmate hoping to grow a beard. If this intuition is right, soon individual people may have the same religious rights as corporations! [Supreme Court Brief]
* Finally, thanks to the Rutgers-Newark Law School chapter of the American Constitution Society for hosting a great event today where Elie and I previewed the upcoming SCOTUS Term. My personal highlight was watching Elie’s head explode while talking about Young v. UPS.
Blue Spike’s massive litigation campaign is a perfect example of how vague and abstract software patents tax innovation.
You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from his phone and posted online. You start thinking not if, but when, shareholders will discover this embarrassment, how much it will cost the company and what legal action to take.
* 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]