Copyright

We were just talking about the latest efforts to remove termination rights from musicians (and other artists), and a number of termination rights battles are still ongoing. Most of the existing ones are slightly different from the ones we’re talking about — and it gets pretty down in the weeds technically. In short, there are different rules for works created prior to 1978 and those after 1978. Most of the focus is on the termination rights for works created after 1978 — though there are some interesting ongoing battles concerning works created prior to 1978… including that song you just can’t stop hearing this time of year: Santa Claus is Coming to Town.

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* Mayor Bloomberg is filing suit to overturn New York’s Living Wage law, because wasting a bunch of money pursuing a lawsuit for the last two weeks of his term is the kind of efficiency he brings to the table as a biznessmun. [DNAInfo]

* Judge Richard Leon puts the NSA metadata surveillance program on ice. Looks like someone’s going to get bugged. [Slate]

* Someone’s asking for a fake college transcript in Baton Rouge. Pretty sure LSU’s athletic department could give you a hand. [Law and More]

* Considering the polygamy ruling in Utah, here’s an interesting analysis of the constitutionality of bestiality laws. This seems like an appropriate place to link this song about a guy who broke into the Lincoln Park zoo in Chicago. [The Volokh Conspiracy]

* Here’s a fun game: replace the name of the school and the course of study and marvel at how easily it could pass for an article Elie wrote. [Huffington Post]

* These folks got smacked with a cybersquatting charge because they used a logical domain name to publicize an ongoing dispute. It’s a lot easier to sue people than to build a solid home. [IT-Lex]

* In sad news, the victim in a recent carjacking-related killing was Dustin Friedland, a Syracuse law grad whose wife Jamie, also a lawyer, worked with Adam Leitman Bailey. Our thoughts are with the Friedland family. [NY Daily News]

* The Beastie Boys are suing GoldieBlox over the latter’s viral ad set to a parody of “Girls.” Unlike GoldieBlox, NYU Law professor Chris Sprigman doesn’t need an elaborate Rube Goldberg machine to burst the Beastie Boys’ bubble. Video embedded after the jump… [Bloomberg Law via YouTube]

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Amanda Knox

* Oh baby (or the lack thereof): the Supreme Court has decided to take on two of the cases asserting religious challenges to the Affordable Care Act’s contraception coverage mandate. [Blog of Legal Times]

* “[H]e has a Rolodex like a Ferris wheel.” Delaware’s Supreme Court Chief Justice is retiring from the bench to join Potter Anderson & Corroon, where that Rolodex will come in handy. [Wall Street Journal]

* Italian prosecutors think Amanda Knox should be convicted of murder (again) and given a 30-year sentence in a retrial she’s not even there for. This kind of sounds like it’d be a double-secret conviction. [CNN]

* With fall finals right around the corner, law students can take comfort in the fact that next week they’ll be soothed by therapy dogs — ones that’ll need therapy after dealing with law students. [WSJ Law Blog]

* If you’re considering applying to law school against all odds, you should determine when the right time to apply would be. Don’t listen to your parents, listen to your gut. [Law Admissions Lowdown / U.S. News]

* If you haven’t heard, the Beastie Boys are having a copyright fight with toymaker GoldieBlox over a parody of the song “Girls” that’s been used in a commercial. Fair use? Decide after the jump. [NBC News]

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I’m always amazed when lawyers send clearly bogus DMCA notices. It shouldn’t be hard to figure out that doing so ends badly. I’m doubly surprised, however, when it comes from big companies that should know better. And, I’m quadruple surprised when one of these companies that should know better sends a completely bogus DMCA notice to a company that absolutely understands why the notice is bogus, and is also in a position to make the world know all about a company’s bogus DMCA notice. That’s what we have here. You see, this morning, Office Depot decided to send a DMCA to Reddit.

Yes, to Reddit….

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It would take an heroic effort of explication to derive such a conclusion from their words and informal email exchanges. And to read Phillips’s or Z-Trip’s words to convey a contract to cede Monster such rights would flout common sense. Phillips, a former forestry and ski-industry worker with no evident legal expertise, never raised any such questions with Z-Trip, or reflected any awareness of the copyright interests that Monster would need to acquire or license to bring the promotional Video it contemplated into compliance with copyright law.

Judge Paul A. Engelmayer, ripping a claim by Monster Energy that it received a license to advertise with a mashup of Beastie Boys songs because the D.J. who created the mashup said “Dope!” As Spin magazine puts it, Monster’s argument was that the aforementioned word “could function as some sort of license-giving, legally binding term. Really.”

* The Second Circuit has remanded the New York Stop and Frisk decision, demanding that a new judge hear the case. Among the reasons: that Judge Shira Scheindlin gave “media interviews and public statements purporting to respond publicly to criticism of the District Court.” So basically, act like a contemptuous prick in the press and when the judge calmly reaffirms her impartiality, get her thrown off the case. Thankfully this will all stop being an issue on about January 1, 2014. [U.S. Courts]

* Attorney networking and referral site wireLawyer gave itself a Halloween makeover. Personally I wouldn’t want a Fett as an attorney — they have a tendency to lose their heads or fall into pits of despair. Screenshot if you check out the site after they’ve moved on to what we can only assume is their All Saints Day makeover. [wireLawyer]

* Joe Biden’s niece appeared in court after she clashed with police last month, “swinging at a female officer then slapping another” before being dragged away in handcuffs all while touting how she “studied law.” This actually sounds more like something Joe Biden’s Onion persona would do. [NY Post]

* Penn Law is sporting pumpkins carved with the likeness of all nine Supreme Court justices. [Under the Button]

* Vivia Chen’s epic fail as a mother on Halloween. We still love you. [The Careerist]

* The House of Representatives has now introduced a use restriction on videos of House hearings to prevent the footage from being used for political purposes. That doesn’t sound all that legal. The Republicans just desperately don’t want people to know what they actually do at “work.” [Patently-O]

* Meanwhile, the Senate GOP is going filibuster on Patricia Millett’s nomination to the D.C. Circuit despite lacking any objection to her. [Huffington Post]

* NYU Law carried on its annual tradition of acting out the Erie case. Screw that! They should act out Palsgraf…

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* Police called in to find out who stole the Jell-O from the office fridge. I’m not sayin’, but Bill Cosby has been lurking around the copier. [Lowering the Bar]

* Notorious troll, Prenda Law, is hopping mad that its financial data might be entered into evidence. It has a bunch of (conflicting) reasons why this shouldn’t happen. [Ars Technica]

* New York now has a law protecting child models. The fashion industry will have to be content only torturing adults with body dysmorphic disorder. [Fashionista]

* San Francisco is adopting e-filing. Unfortunately, the system may carry with it a stain akin to a poll tax. [Post & Found]

* How to dazzle at meetings — without wearing glitter. [Corporette]

* The proposed amendment to raise the retirement ages of judges doesn’t make a whole lot of sense. [WiseLawNY]

* With all the talk about whether law reviews are worth it or not, here’s a gathering of major law review publishing agreements. [PrawfsBlawg]

* Why aren’t more women rising to the top of Biglaw? [The Broad Experience]

* Airport security has forbidden joking about bombs and hijacking. Now TSA is cracking down on joking about TSA itself. In the interest of my next flight, “I love you, TSA!” [Daily Mail]

* A detailed analysis of the 14th Amendment’s role in the debt ceiling debate. President Obama should employ this solution now before the Supreme Court realizes there’s another part of the 14th Amendment they can overturn. [Main Street]

* Law school professors do not take kindly to your antics. [Law Prof Blog]

* A Cooley Law professor is arguing against gay rights. Sorry, a Western Michigan Law professor is arguing against gay rights. [Pride Source]

* The rules don’t apply to Yale or Harvard. Or at least the rules don’t apply to their law reviews. [Professor Bainbridge]

* Congress is still trying to decide how to regulate FM radio instead of looking at salient issues in modern copyright law. Given how brilliantly they keep the government open, maybe FM radio is the biggest issue we should give them right about now. [The Daily Caller]

* The lawyer as generalist is fading into obscurity. Let’s commemorate it in poetry, shall we? [Poetic Justice]

* A preview of some upcoming Supreme Court cases this week. Complete with cartoons! [The Spark File]

* Finally, here’s a little gem for Justice Ruth Bader Ginsburg fans that we got….

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* A California judge sentenced a man to 53 years in prison and then officiated his wedding. So she gave him 53 years followed by a life sentence? Hey ho! [CBS News]

* Jersey Shore’s The Situation suffers the indignity of a legal defeat. I mean, if he has dignity left. [South Florida Lawyers]

* Who would make a better juror: a non-citizen or Charlie Sheen? I’d prefer to have Sheen… I don’t know if there are many crimes he wouldn’t understand. [The Atlantic]

* The results are in from Kaplan’s just completed 2013 survey of law school admissions officers. The headline is that 54 percent of law school admissions officers report cutting their entering law school classes for 2013-2014 and 25 percent plan to do so again next year. Time to build another law school! [Kaplan Test Prep]

* A comprehensive list of the crimes committed by Batman in Batman Begins. And I’m not entirely sure everything he did in his hostile takeover of Wayne Enterprises was on the up-and-up either. [Salt Lake Tribune]

* Here’s a list of online resources for new attorneys. Here’s another helpful one. [Associate's Mind]

* An attorney bit his 3-year-old son. Hurray for bath salts! [KRQE]

* A record label threatened to sue a guy. Unfortunately for them they threatened to sue Professor Lawrence Lessig. [NPR]

* Student loan default rates are at the highest level in 20 years. Seems like a sustainable model. [Chronicle of Higher Education]

* The recycling of policy debaters into litigators brings good and bad habits to the legal profession. On the plus side, there’s the refined research skills. On the other hand, stenographers have a hard time keeping up. [Houston Law Review]

* The new song “Lady Justice” by lawyer-artist DNA (featuring Zoha). He’s already figured out that all the good songs these days have to be “featuring” someone. Song after the jump…

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Folks love Game of Thrones. Maybe it’s the intricate storytelling, the impeccable acting, the allure of high fantasy, or the fact that all the exposition is done by naked prostitutes. Whatever it is, the show is a hit and everyone clamors to watch it.

Unfortunately, lots of people want to watch it illegally. Even the New York Times is watching it illegally.

And when students use a school network to stream Game of Thrones, it can clog up the works and bottleneck the Internet faster than Walder Frey can lock down passage over the Trident…

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