Apple Computers

(c) Image by Juri H. Chinchilla.

Ed. note: This is the first installment of “On Remand,” a legal-history column by new writer Samantha Beckett. You can read her full bio at the end of this post.

The statute of limitations never expires on an interesting legal story, so each week “On Remand” will report on legal aspects of a story from the past using a “this day in history” theme. First up, Beatlemania!

Five years before John, Paul, George, and Ringo crossed Abbey Road, they crossed the pond and invaded U.S. living rooms. Fifty years ago last night, the Beatles appeared on The Ed Sullivan Show for the first time. The floppy-haired Fab Four were warmly welcomed by shrieking fans and America’s version of royalty – the King himself, Elvis Presley. As Ed Sullivan explained before the Beatles took the stage: “You know something very nice happened and the Beatles got a great kick out of it. We just received a wire – they did – from Elvis Presley . . . wishing them a tremendous success in our country.”

It’s safe to say that Elvis’ wish came true. The Beatles won an Oscar, racked up enough Grammys to collapse a shelf, and were inducted into the Rock and Roll Hall of Fame.

By 1978, both the Beatles and the British Invasion were ancient history. Beatles fans consoled themselves with the music of Wings and the solo careers of John, Ringo, and George. And one Beatles fan in particular, Steve Jobs, was busy with his two-year-old computer company, Apple Computer. But that year, Apple Computer would experience a British invasion of its own when the Beatles’ company, Apple Corps (thank Paul McCartney for that pun), sued Apple Computer in Britain’s High Court. The dispute concerned the companies’ similar apple logos: a Granny Smith for Apple Corps, and an icon of an apple with a byte bite removed for Apple Computer….

double red triangle arrows Continue reading “On Remand: Apple Wedges Itself Into The Music Business”

In too many ways, 2013 was a year that vindicated the long-standing paranoia of many Americans, particularly the more conservative. A bewildering number of stories littered the news that seemed to confirm exactly the sort of gross government overreach that previously sounded like a delusion of someone whose eyes were scanning the skies for black helicopters. In spring 2013, for example, we learned that the IRS had been targeting the 501(c)(3) applications of conservative and libertarian organizations, apparently based solely on their political and philosophical affiliations. Nothing in 2013, though, fanned the flames of political paranoia quite like revelations of the National Security Agency’s mass surveillance programs.

In Clapper v. Amnesty International USA, decided in February, the U.S. Supreme Court dismissed Amnesty International’s constitutional challenge to a portion of the FISA Amendments Act of 2008. In its 5-4 opinion, the Court found that Amnesty lacked Article III standing, in part because the plaintiffs could not show that they had necessarily been targeted for surveillance. When Edward Snowden later disclosed details of the NSA’s PRISM surveillance program, civil libertarians experienced something of a Pyrrhic victory. Standing would not be a problem in many future lawsuits because the revelation of PRISM established that millions of Americans had been subject to some NSA spying. The only question was whether that surveillance amounted to a violation of the law.

As we leave 2013 and 2014 dawns, some new developments have emerged . . . .

double red triangle arrows Continue reading “NSA Surveillance In 2013: The Year Of Vindicated Political Paranoia”

As 2013 draws to a close, let’s look back at the 10 biggest stories in the legal profession over the past year. This is an annual tradition here at Above the Law, which we’ve done in 2012, 2011, 2010, and 2009. We’ll fire up the old Google Analytics machine to get data on our most popular posts, based on pageviews, and share the results with you.

Before turning to specific stories, let’s look at the top general discussion topics here at ATL. For 2013, our most trafficked category page was Biglaw, which bumped Law Schools out of the top spot — a spot that Law Schools held from 2010 through 2012. Now that the word is out about the perils of getting a law degree, leading to plummeting applications, perhaps it’s time to move on from the “don’t go to law school” narrative.

After Biglaw and Law Schools, our third most-popular category page was, as usual, Bonuses. This wasn’t a terribly exciting year for bonuses — there were no spring bonuses, and Cravath and its many followers paid out the same bonuses as last year — but people still want to know the score.

Our fourth most-popular category page was small law firms. Small firms, including boutiques, are an area of increasing focus and readership for us — and also where many of the job opportunities are these days.

Moving on from the topic pages, what were the 10 most popular individual posts at Above the Law in 2013?

double red triangle arrows Continue reading “Above the Law’s Top 10 Most Popular Posts of 2013″

Earlier this week, I wrote about a lawyer in Florida suing Apple for millions because he couldn’t be bothered to figure out how iTunes works. Little did I know that this wasn’t the craziest law suit brought by a lawyer against Apple.

A tipster pointed us to a 50-page complaint filed in federal court last month seeking damages and injunctive relief against Apple for making devices that can display porn, or as the rest of us call it, the Internet. The complaint gracefully skips from pop psychology, to comparing porn to handguns, to appeals to the divine rule of the Almighty.

This wasn’t the best week for Apple in the courtroom, but at least the in-house lawyers have this suit to look forward to defending…

double red triangle arrows Continue reading “Lawyer: Apple Should Protect Me From My Porn Addiction”

A lawyer who brings a lawsuit predicated on his own stupidity is a rare, beautiful, courageous creature. It’s one thing to represent with a straight face someone who tried to make out with an industrial fan, and another to admit that you personally couldn’t master simple technology.

It’s also a bold move for a partner in a law firm to admit that he’s bringing a lawsuit over losing ONE FRIGGING DOLLAR on his mistake.

That’s why this guy deserves some credit for being so comfortable publicly admitting what no one else would…

double red triangle arrows Continue reading “Lawyer Suing Apple Is Banking On Millions of People Being As Stupid As He Was”

We should have known that the Fisher opinion was going to be a letdown — a “great big dodge,” as my colleague Elie Mystal put it. Instead of readying herself for an historical moment, Justice Elena Kagan spent yesterday doing some window-shopping.

Where did she go, and what merchandise did she check out? Here’s an eyewitness report….

double red triangle arrows Continue reading “The Eyes of the Law: The Apple of Her Eye”

Apple’s had a rough go of it since the untimely death of Founder, CEO, and Inventor of the Tactical Turtleneck Steve Jobs. Not even Siri (especially not Siri) could answer where the awesome had gone.

The Onion captured the general sense of malaise emanating from Cupertino both here and here.

Tech observers might point to today’s unveiling of a new operating system that looks decidedly unterrible as the turning point for the company.

But the real turning point was probably when Apple got its own Clarence Darrow…

double red triangle arrows Continue reading “Hiring Biglaw Partner Is the First Thing Apple’s Done Right Since the iPad”

Emily Dickinson: poet — and legal scholar?

There is no Frigate like a Book
To take us Lands away,
Nor any Coursers like a Page
Of prancing Poetry –
This Traverse may the poorest take
Without oppress of Toll –
How frugal is the Chariot
That bears a Human soul

– Emily Dickinson, quoted by U.S. District Judge Denise Cote in today’s ruling, which approved a major e-book price-fixing settlement. Just yesterday, the case made headlines when Bob Kohn submitted an amicus brief — consisting entirely of cartoons.

Any Tintin fans out there? How ’bout Frank Miller? No? Me neither.

No matter, because we may have a new genre of graphic novels to add to the canon that will specifically appeal to attorneys: the illustrated amicus brief. Yeah. That’s a thing now. happened.

For anyone who has ever been frustrated by a judge’s imposition of silly page limits, just follow the lead of Bob Kohn. He filed a brief regarding the Justice Department’s proposed settlement in the long-standing e-book (so appropriate, right?) price-fixing case involving Amazon, Apple, and some of America’s largest publishers.

Let’s take a look…

double red triangle arrows Continue reading “Why Write an Amicus Brief — When You Can Draw One Instead?”

* A great, great piece by Kashmir Hill on what happens to your Facebook data when you are suspected of murder. [Not So Private Parts / Forbes]

* So now the Tulsa law dean is making it sound like the babysitting gig was just one of the many heroic efforts Tulsa undertakes to make sure students can make ends meet while in law school. This from a school that charges $32,056 per year plus another $7,993 for room and board for the privilege of attending the #99 law school in the land. Oh, but presenting babysitting opportunities is a way that the administration can help. [TU College of Law Blog]

* This is how 90% of my conversations go when somebody asks me if they should go to law school. The other 10% end in fisticuffs and comfort eating. [Constitutional Daily]

* If a law professor uses a hypo this fall based on 50 Shades of Grey (affiliate link), please whip it out (your camera phone) and give us a load (of that hilarious video). [Law Librarian Blog]

* Apple and Samsung: they kind of need each other to bring balance to the force. And don’t forget to check out Chris Danzig’s Twitter feed for more trial updates. [iDownloadBlog]

* What does one Jones Day hiring partner think interviewees should never do at lunch? Check out his interview on Bloomberg Law below…

double red triangle arrows Continue reading “Non-Sequiturs: 08.07.12″

Page 1 of 3123