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]
A piece of history has been found, except it still hasn’t been made available, perhaps because of the NFL’s standard “we own everything” policy.
* Voters in Scotland just said no to independence from the United Kingdom (although it might not have been a big deal for the legal profession if the vote had gone the other way). [New York Times]
* Congratulations to Drexel Law on a whopping $50 million gift — and its new name, the Thomas R. Kline School of Law. [Philadelphia Inquirer via WSJ Law Blog]
* The latest chapter in the “cautionary tale” of David Lola: dismissal of the contract attorney’s lawsuit against Skadden and Tower Legal. [American Lawyer]
* An office renovation for Baker Botts in Houston strips junior associates of window offices. [ABA Journal]
* How could Watson transform the practice of patent law? [Corporate Counsel]
* Are we seeing a reversal in the trend of declining prison populations? [Washington Post]
* The chorus of voices calling for Judge Mark Fuller to resign in the wake of domestic violence charges against him continues to grow. [New York Times]
* 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….
ESPN, your trusted source for manufactured controversy, chose to report on this actual controversy in the most opaque manner possible.
Apparently, Village Roadshow’s CEO still hasn’t gotten over the loss in the legal case.
Ed. note: Due to the Labor Day holiday, we’re on a reduced publication schedule today. We’ll be back to our normal Saturday schedule tomorrow. But you don’t care about that. More importantly we’ll be off on Labor Day and back to normal on Tuesday. A restful and happy Labor Day to all!
* Jesus, this Elle Woods fascination just won’t die. [Law School Lemmings]
* Lawyers seek to ruin something beautiful: ALS Association wants a trademark on the concept of an ice bucket challenge. [Washington Post]
* Ah, fun tales of the Streisand Effect. [Popehat]
* UC Davis Law saw increased applications. Dean Kevin Johnson says, “I do think the market is coming back. And I do think the naysayers of law schools and being a lawyer, their days are limited in number.” You’re the only school in California showing an increase and the country as a whole is down and you’re conveniently not charging any application fee, but yeah, our days are limited. [UC Davis Law]
* Lawyer who showed up to court going by the name “Lord Harley of Counsel” gets a tongue-lashing from the judge. [Legal Cheek]
* Ant-f**king. OK. [Legal Juice]
* This probably goes without saying, but don’t smuggle drugs into prison. This grandpa apparently failed that lesson. [Legal Juice]
* Town gets fed up and just sues every single citizen. [Lowering the Bar]
* A city lawyer heads out to the country to woo a pretty maid. At least this song gets it right and the lawyer fails. [Legal Cheek]
* Some thoughts on trademark law and post-parody fashion, from Professor Charles Colman. [U. Penn Law Review]
* Attorneys took different approaches to litigating slavery. Nothing really funny here, it’s just interesting. [The Faculty Lounge]
* James Sherwin of SOR Solicitors made this infographic about patents in Europe (and where Ireland fits in). In case you ever wanted to know if Europe’s intellectual property set up is as crazy as America’s. [SOR-Solicitors]
* A Maryland judge ordered a court officer to deliver an electrical shock to a defendant. What the hell? [Baltimore Post-Examiner]
* Be less of a lawyer. [Medium]
* New York agrees to pay out $10 million to wrongfully convicted man. He may be gone, but former D.A. Charles Hynes is still costing the city money. [New York Times]
* Sentence requiring former Supreme Court justice to write apology letters to every judge in the state on a picture of her in handcuffs struck down as “unorthodox gimmick.” Now she has to write the letters on regular paper because apparently the apology letter part was an “orthodox gimmick.” [Penn Live]
* The public domain is awesome. [Clickhole]
* Lawyer accused of asking office manager if she wanted a “Dirty Sanchez.” Does anybody ever answer yes to that question? [Barstool Sports]