We’ve written a few times in the past about how the entertainment industry’s woeful job of preserving and archiving old works has resulted in culture being lost – but also how unauthorized copies (the proverbial “damn dirty pirates”) have at least saved a few such treasures from complete destruction. There was, for example, the “lost” ending to one of the movie versions of Little Shop of Horrors that was saved thanks to someone uploading it to YouTube. Over in the UK, a lost episode of Dad’s Army was saved due to a private recording. However, Sherwin Siy points out that the very first Super Bowl — Super Bowl I, as they put it — was basically completely lost until a tape that a fan made showed up in someone’s attic in 2005. Except, that footage still hasn’t been made available, perhaps because of the NFL’s standard “we own everything” policy.
Only Surviving Recording Of The Very First Superbowl Is Because A Fan Recorded It, But You Can’t See It, Because CopyrightBy Techdirt
* 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….
I asked my fiancée if she wanted to see naked pictures of Jennifer Lawrence. “Sure.” So I showed her. “She looks good.” Then she scratched her nose and went back to planning our wedding. “What about Kate Upton?” “Sure.” So I showed her. “She’s got huge boobs.” Her nose still itched. The seating chart was still totally fudged up. Pretty uneventful Sunday night as those go.
Last weekend, the Internet exploded in a terrific tumescence over naked pictures of women. You probably heard. But now, after the hot action, and while the whole world smokes a post-coital cigarette, we are left to sort through the regret. Chief among this shame is news that one of the stars of the tawdry affair may have been underage when the pictures were taken. Mc-kay-la: the tip of the tongue taking a trip of three steps down the palate to tap, at three, on the teeth. Mc. Kay. La.
ESPN, your trusted source for manufactured controversy, chose to report on this actual controversy in the most opaque manner possible.
We’ve already mentioned how a number of comments have been submitted concerning Australian Attorney General George Brandis’ Hollywood wishlist proposal for copyright reform in Australia. There are a number of interesting comments worth reading. I was pleasantly surprised to see the normally copyright-maximalist BSA come out against the proposal, saying that it will create a real risk of “over-enforcement, punishment of lawful conduct and blocking of lawful content including critically important free speech rights.” Dr. Rebecca Giblin, who has studied these issues and other attempts to put in place similar filters (and how they’ve failed), has also put forth a very interesting comment.
The most bizarre comment, however, has to come from Village Roadshow. Village Roadshow is the Australian movie studio that the US State Department admitted was used as the token “Australian” movie studio in the MPAA’s big lawsuit against iiNet. iiNet is the Australian ISP that the MPAA (with Village Roadshow appearing as “the local face”) sued for not waving a magic wand and stopping piracy. iiNet won its case at basically every stage of the game, and that big legal win is really at the heart of these new regulatory proposals. 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]
* 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]
Image licensing giant Getty Images has quite a reputation for being something of a copyright maximalist and occasional copyright troll. The company has been known to blast out threat letters and lawsuits not unlike some more notorious copyright trolls. And that’s true even as the company just recently lost a copyright infringement suit in which Getty helped in the infringement. A few months ago, we had told you about Getty starting a new program in which it was making many of its images free to embed, saying that it was “better to compete” that way on the internet, rather than trying to license everything. We actually just tried embedding some Getty images ourselves recently.
- Advertising, Andrew Cuomo, Benchslaps, Copyright, Donald Trump, Insurance, Non-Sequiturs, Sports, Technology
* Donald Trump is suing to get his name removed from the Trump Plaza and Trump Taj Mahal in Atlantic City because his reputation is tarnished by tacky façades dedicated to giving off the mere illusion of success. [Bloomberg Businessweek]
* Beset by corruption allegations, Governor Cuomo is using funds out of his campaign war chest to fund his defense rather than squandering taxpayer dollars. Ball’s in your court neighboring state governor. [North County Public Radio]
* Beau Brindley, a benchslap legend, is now the subject of his very own federal criminal probe after allegedly encouraging a client to lie under oath. A tipster told us last year “this won’t be the last you hear of [Brindley].” How prophetic. [Chicago Sun-Times]
* The woman given a forced blow job simulation for the glory of a 7-inch Burger King burger is speaking out. [Copyranter]
* The Women’s World Cup is scheduled for next year in Canada, but a number of high-profile players are threatening — with the help of Boies, Schiller & Flexner and Canadian firm Osler, Hoskin & Harcourt — to sue FIFA for discrimination over its plan to subject the women’s tournament to artificial turf. Are you suggesting FIFA is a disastrously flawed organization? Get out. [Fox Sports]
* Guess what? Your insurance company isn’t made up of the worst people on the planet. Unless you use this insurance company. Because then, maybe it is. [Gawker]
* A Harvard Law grad wanted to install an intercom so he invented a system known as “Nucleus” that does the job for less than $200. [Technical.ly Philly]
* If you’re interested in the fun and exciting world of startups, head on out to Legal Tech SF’s Startup Weekend. It’s August 15-17 at Airbnb headquarters. I assume after August 17 the location reverts to the headquarters of some other company. [Legal Tech SF]
If the monkey took it, it owns copyright, not me, that’s their basic argument. What they don’t realise is that it needs a court to decide that.
– David Slater, a British nature photographer embroiled in a conflict with Wikimedia over the copyright to photos taken by a female macaque monkey who stole Slater’s camera in 2011 and used it take a selfie. Tween girls, amiright? Anyway, Wikimedia considers the picture royalty-free because the author of the work is, in fact, a monkey, and until Caesar’s revolution she isn’t likely to look to enforce her right. Slater argues that he owns the copyright since it was his camera. As for the title, okay you caught me — the monkey didn’t put her selfie up on any dating sites, but did post to Instagram with the message “New camera! #fecesthrowing #blessed.”