The International Olympics Committee has this “branding” thing down cold. (No pun intended. The IOC is just as obnoxious during the Summer Olympics.) Everything that doesn’t belong to an Official Sponsor has its logo covered (including bathroom fixtures!) until the multi-ring circus of sports (and quasi-sports) folds up the last multimillion dollar tent and blows town.
I’ve already written one piece about Cory Doctorow’s incredible column at the Guardian concerningdigital rights management and anti-circumvention, in which I focused on how the combination of DRM and anti-circumvention laws allows companies to make up their own copyright laws in a way that removes the rights of the public. Those rights are fairly important, and the reason we have them encoded within our copyright laws is to make sure that copyright isn’t abused to stifle speech. But, anti-circumvention laws combined with DRM allow the industry to route around that entirely.
But there’s a second important point in Doctorow’s piece that is equally worth highlighting, and it’s that the combination of DRM and anti-circumvention laws make all of our computers less safe. For this to make sense, you need to understand that DRM is really a form of security software.
We’ve written plenty of times about the importance of the public domain around here, and one of the biggest beneficiaries of the public domain has been Disney, a company which has regularly mined the public domain for the stories it then recreates and copyrights. Of course, somewhat depressingly, Disney also has been one of the most extreme players in keeping anything new out of the public domain, as pointed out by Tom Bell’s excellent “mickey mouse curve” showing how Disney has sought to push out the term of copyrights every time Mickey Mouse gets near the public domain.
* Opera singer who can’t sing without farting sues for $2.5 million. She should try blaming it on the phantom. [Gawker]
* Speaking of Gawker, Elie has an article up about last night’s Grammy ceremony over at our new outpost in Gawkerville, the ATL Redline. [ATL Redline]
* Amazingly, adding Elie’s perspective wasn’t the worse thing to happen to Gawker this week: Quentin Tarantino has decided to sue them for publishing copies of his latest script, The Hateful Eight. [Grantland]
* Should bloggers out pseudonymous commenters? No, because… free speech? Whatever, bloggers aren’t the government. [Ramblings on Appeal]
* The ABA’s Task Force on the Future of Legal Education thinks schools should cut costs and prepare students for legal careers. Welcome to the ATL Family! [Chronicle of Higher Education]
* It’s an old adage but it bears repeating: if you want to win a negotiation, be prepared to go to trial. [Katz Justice]
* An update on Stephen Glass, the plagiarizing fabricating (plagiarizing suggests it was at least true when the first person said it) journalist applying for admission to the California bar. Want to know what happened to his application? Click on….
The very first copyright law in the US was officially called “An Act for the Encouragement of Learning.” Indeed, that was the actual stated purpose of copyright law at the time. It wasn’t supposed to be a system for protecting the revenue of artistic folks. In fact, it didn’t even cover most artistic works at the time. It was limited to “maps, charts and books.” Music? Not protected. Paintings? Not protected. Sculpture? Not protected. That’s because it wasn’t about artwork, but about the spread of knowledge through learning.
Yes, the idea was to provide a limited monopoly to incentivize the initial creation, and the exchange was that it would then be given into the public domain soon after, such that everyone could learn from it. Yesterday, we covered the importance of the public domain, and today’s topic for Copyright Week goes hand in hand with it: the idea of open access.
* A pimp is suing Nike for not labeling its shoes as dangerous weapons after the sex work entrepreneur used his Jordans to beat the holy hell out of a john. Good luck with your suit, Superfly! [USA Today]
* Tattoo artists are suing over their artwork getting featured in media without getting compensation. So add “because shooting ink through a damn needle into your skin” as a reason never to get a tattoo. [Infringe That!]
* Comparing strippers to lawyers. Makes sense. [Miami Herald]
* Across the Pond, a Cambridge College masturbator gets punished. I see what you did there, you clever headline writer, you. [The Tab]
* Boston has stopped using license plate scanners to probe the question, “Are these even worth it?” That’s the sort of question they might have wanted to explore before spending all that money. [IT-Lex]
* A Pennsylvania lawyer was busted for selling wines out of his wine cellar without a license. God, liquor laws are stupid. [Philly.com]
As they do every year, unfortunately, the good folks at the Center for the Study of the Public Domain at Duke have put together a depressing list of what should have entered the public domain yesterday. As you hopefully know, until 1978, the maximum amount of time that work in the US could be covered by copyright was 56 years (you initially received a 28 year copyright term, which could be renewed for another 28 years). That means, back in 1957, everyone who created the works in that list knew absolutely, and without a doubt that their works would be given back to the public to share, to perform, to build on and more… on January 1, 2014 at the very latest. And they all still created their works, making clear that the incentive of a 56 year monopoly was absolutely more than enough incentive to create.
And yet, for reasons that still no one has made clear, Congress unilaterally changed the terms of the deal, took these works away from the public, without any compensation at all, and will keep them locked up for at least another 40 years. At least.
Ed. note: Happy New Year! We will resume our normal publication schedule on January 2nd. See you next year.
* A guy got pantsed twice. He then secured a six-figure judgment! And now he’s appealing that judgment!?!? God, this is exactly the kind of guy who deserves a wedgie. [Lowering the Bar]
* Professor Campos takes on George Will’s claim that the team name Redskins isn’t offensive because “Oklahoma” basically translates to “Redskin” too. Hey, I could get behind banning Oklahoma. [Lawyers, Guns & Money]
* A pro se inmate sues the state. The reporter tries really hard to treat the complaint seriously until the very end. [Times-Picayune]
* A Las Vegas judge (and son of a former mayor) suffered head wounds indicative of an assault. When asked about why LVMPD didn’t tell marshals that a judge had been attacked, they basically said, “Why would we?” Yeah, why alert a judge’s security team about a possible, persistent threat related to his job. [Las Vegas Law Blog]
* With Netflix about to purge a number of movies off its system, this is an interesting look back at a time when Hollywood tried to ban home movie rental because they generally adhere to the “cut off your nose to spite your face” business model. [Tech Crunch]
* More on the phenomenon of judges speaking out publicly. I don’t know about all these critics, but we’re sure big fans of these judges. [Wall Street Journal]
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: