As you hopefully are aware, today is the 50th anniversary of Martin Luther King’s powerful, moving and memorable I have a dream… speech. In a just world, that speech would be in the public domain. And, legally, it might be. While King did apparently send a copy of the speech to the Copyright Office, he did so as an “unpublished work.” There has been a dispute, then, about the speech itself, since that would be a publication. His estate, however, has argued that the speech was not a “general publication,” but rather a “limited publication” and thus King retained a common law copyright — and an appeals court appeared to agree, but the lawsuit over this was settled without a final ruling, and no one has challenged it since. However, King’s estate has beenridiculously aggressive in trying to lock up his speeches and take down videos commemorating his talks, with a focus on this momentous speech.
Of course, they’re more than happy to license the speech to the highest bidder…
A famed hacker, Andrew “weev” Auernheimer, was sentenced to 41 months in prison yesterday. A jury convicted Auernheimer of conspiracy and identity theft back in November stemming from his role in a scheme to snag the personal email addresses of over 114,000 iPad users, including Mayor Michael Bloomberg, Diane Sawyer, and Mayor Rahm Emmanuel.
Auernheimer argued that he acted as an uninvited “gray hat” hacker, grabbing the email addresses of customers for the sole purpose of exposing the flaws in AT&T’s security.
The sentence, at the upper end of the Guidelines range, is a far cry from the non-custodial slap on the wrist Auernheimer’s attorneys sought. There are two broad categories of response to the sentence. First, that Auernheimer is a completely terrible human being, but that his being a dick does not justify the harsh sentence. Second, that Auernheimer did not commit a real crime because he never intended to steal anyone’s identity and the Computer Fraud and Abuse Act is a bad law.
To these arguments, I reply “yes it does,” and “who cares?”
Just as the new iPhone was announced last week, AT&T was making another, significantly less popular announcement. Although Apple will now allow iPhone owners to use FaceTime (a.k.a. the super-futuristic video phone feature) over the cellular network, instead of just WiFi, AT&T will not. Unless, of course, you buy into its new shared-data plan.
This morning, Free Press, Public Knowledge, and the New America Foundation’s Open Technology Institute announced it would file a complaint with the FCC alleging AT&T has violated net neutrality rules. Let’s see the details of the complaint as well as discuss why AT&T is wrong…
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 seven years. You can reach them by email: firstname.lastname@example.org.
The head of our Asia recruiting, Evan Jowers will be in Seoul all next week and available for meetings. Evan was in Hong Kong all last week and was unable to meet with everyone who reached out, due to a completely booked schedule. Apologies for that. He is in Hong Kong monthly and Robert Kinney and Yuliya Vinokurova are often in Hong Kong as well, so feel free to reach out to us at email@example.com to schedule a Hong Kong meeting for later this month or next month, or just a phone call if you prefer.
Kinney has had the privilege of representing and placing a number of Korean background US associates and counsels and one partner in Hong Kong, Tokyo, Shanghai and Singapore over the years. We are now getting more involved in the expanding Seoul market. We are helping two of our law firm clients open up offices in Korea at present and that will be taking up some of Evan’s time, but he will have time also to meet with US, UK and Australia trained associates at international firms and Korean firms who would like to meet Evan or re-establish a connection with him. By all means any of the attorneys in Korea who we have worked with and placed in the past should also feel free to reach out to Evan as well at firstname.lastname@example.org. Having any reason to look for a move in the foreseeable future is never a pre-requisite to setting up a meeting with any of our Kinney Asia team. Most of the folks we meet and establish relations with over the years in Asia are not interested in considering a move at our first meeting (or the next several meetings). We always enjoy a good discussion on the market and an individual’s career plans. Ultimately, over 50% of those attorneys we place in Asia have had such discussions with us for 2 or more years prior. Some of our closest relationships in Asia we may never place because they are doing so well at their firm for years and have no reason to move, and that’s fine by us.
Connecticut plaintiffs-side boutique litigation firm (12 lawyers) seeks full-time associate with 2-4 years litigation experience, top tier undergraduate and law school education. Journal or clerkship experience a plus; highest ethical standards and strong work ethic required. Familiarity with Connecticut state court legal practice is preferred, but not required.
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Additional information can be located on our website, at www.sgtlaw.com.
We have several openings for experienced corporate associates in Chicago ranging from highly-regarded Am Law 100 law firms to prestigious commercial law boutiques.
• Class years 2008 – 2013
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• Excellent academic credentials and solid legal training from a peer law firm required.
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