Copyright

* “Our graduates have a history of going to small firms, DAs and public defenders’ offices. We don’t have the employment swings that big law schools have because their graduates are focused on more elite firms,” says the dean of law school that costs $185,214 to attend. Certainly all of those students at the District Attorney’s office are making enough bank to pay that off. [Daily Report]

* Looking to avoid jury duty? Practice some F-Bombs. [Lowering the Bar]

* Copyright carries with it a substantial weakness — most publishers would rather reprint public domain works than deal with authors. [The Atlantic]

* 75 percent of IP counsel are either litigating with patent trolls or expect to in the next 12 months. The other 25 percent just represent really sh**ty products. [Consero]

* A former attorney is aiming to crowdfund her invention, a 3-in-1 kitchen tool. [Gambas and Grits]

* Several State Attorneys General want to make it easier to go after bloggers because narrowly tailored laws are for suckers. [Popehat]

* A tipster sent us this from Facebook. This is the best tattoo of Lady Justice ever. Picture after the jump…

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* J.J. Redick and his girlfriend had an abortion contract. I think you can get that model on LegalZoom. [Deadspin]

* Justice Ginsburg was a looker as a college senior. [Huffington Post]

* As discussed yesterday, the sequestration is doing a number on the federal defenders. Here’s a petition to save them. [PrawfsBlawg]

* The police are enforcing Yelp reviews now? I guess Google is really pushing them. [Popehat]

* After broadcasting offensive, fake names for the Asiana crash pilots, KTVU is trying to delete the evidence through copyright claims. [Mother Jones]

* USC is the subject of a federal investigation for systematically failing to investigate rape allegations. “A DPS detective told one student that the campus police determined that no rape occurred in her case because her alleged assailant did not orgasm.” In fairness, you can’t feel anything with Trojans. Seriously though, when did USC become Dubai? [Jezebel]

* Elie joined John Carney on CNBC’s Power Lunch to discuss the Khuzami hiring and the New Republic article about the fall of Biglaw. Video from CNBC after the jump…

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* Edith Windsor’s lawyer said she thought her client’s case was “simple,” but it proved to take a little longer than she thought to strike down the Defense of Marriage Act. [New York Law Journal]

* Conservative pols are up in arms about the SCOTUS decisions, promising to file constitutional amendments, but like Rand Paul said, “As a country, we can agree to disagree.” [Washington Post]

* Nate Silver breaks down gay marriage by the numbers. By August, 30% of Americans will live in states where same-sex marriage has been legalized. [FiveThirtyEight / New York Times]

* Wherein the ancient artifacts of a once storied and prestigious Biglaw firm are touted by a furniture liquidation company as “like new, for less!” Dewey know how embarrassing this is? [Am Law Daily]

* Sorry, Joel Tenenbaum, but the First Circuit affirmed your $675K debt to the RIAA. That’s what happens when you blame illegal downloads on burglars and foster kids. [Law & Disorder / Ars Technica]

* It looks like David Boies claimed two victories yesterday. The Court of Federal Claims gave Maurice Greenberg the green light to sue the U.S. over the terms of AIG’s bailout. [DealBook / New York Times]


Make it rain, law schools!

* With the Supreme Court’s term winding quickly to a close, it’s likely that conservative justices will write for the majority in some of the most closely watched and controversial cases. Uh oh. [Washington Post]

* Judge Edward Korman, the man who slapped around the FDA like it owed him money in a ruling over access to the morning-after pill, is actually a very soft-spoken, kind-hearted fellow. [New York Times]

* Wherein a Chicago Law professor and a Vedder Price partner argue that instead of cutting law school down to two years, financial aid should be given out like candy. Hey, whatever works. [Bloomberg]

* Brooklyn Law’s got a whole lot of drama these days: Their president is stepping down, their dean is apparently still a full-time partner at Patton Boggs, and a law professor is suing over alleged ABA violations. [New York Law Journal]

* That’s not the only New York-area law school awash in scandal. Chen Guangcheng has received the boot from NYU Law due to alleged harm done to the school’s relationship with China. [New York Times]

* When questioned about the need for his school, Indiana Tech’s dean says the lawyer oversupply and lack of jobs don’t matter. It’s about the quality of the graduate. Good luck with that! [Journal Gazette]

* This came too soon (that’s what she said). The alleged porn purveyors at Prenda Law will close up shop thanks to the costly litigation surrounding their copyright trolling. [Law & Disorder / Ars Technica]

* Fort Hood shooter Maj. Nidal Hassan won’t be allowed to use a “defense of others” strategy in his murder trial, because not only does it fail as a matter of law, but it’s also ridiculous. [Associated Press]

* Harvard Law grad Cate Edwards, daughter of disgraced pol John Edwards, took a dramatic step away from her father’s tabloid-esque pubic interests by opening her own public interest firm. [WJLA ABC 7]

* Judge Thomas Jackson, well-known for his antitrust ruling against Microsoft, RIP. [New York Times]

* Marshall University is no longer a defendant in a case about a student shooting bottle rockets out of his anus. So from now on your sum total knowledge of the Thundering Herd involves the movie We Are Marshall and “shooting bottle rockets out of anuses.” [West Virginia Record]

* Documentary filmmaker files suit seeking declaratory judgment that “Happy Birthday to You” is in the public domain. Why hasn’t everyone just accepted Larry Lessig’s new birthday song? [New York Times]

* Men tend to think professional dress is one part white/blue shirt and one part brown/black/navy slacks. There’s more to it than that. Well, if you want to look good at all, there’s more to it than that. [Corporette]

* Market realities catch up with law school plans. Pour a little out for the proposed Arlington Law School. [ARL Now]

* Rough legal question: Should the U.S. refuse to send a child to a country employing Islamic family law? [Volokh Conspiracy]

* A federal judge ordered HHS to give a little girl a lung transplant. Popehat wonders who lost out on a transplant in this exchange. I’m wondering why there aren’t more lung donors out there. [Popehat]

I don’t know precisely when Oprah Winfrey went from daytime talk show host to “I’m a DEITY now,” but I know that I missed it. I mean, I like her and all. And I don’t understand the people who hate her — like what has Oprah ever done to anybody? But I don’t exactly know why the world seems to hang on her every word.

Which isn’t to say she didn’t “deserve” to give the commencement address at Harvard University this year. Of course she did. Have you seen the people who have given that speech? When I graduated from college it was Amartya Sen. He’s an economist, Oprah is cash money.

I only noticed she was giving the speech because right wingers are acting like she needs to be shot because she talked about gun control. But apparently she also said: “We all know that we are better than the cynicism and the pessimism that is regurgitated throughout Washington and the 24-hour cable news cycle — not my channel, by the way.”

And that’s funny because the Second Circuit just ruled that her media network might have regurgitated a tagline already owned by a copyright holder…

double red triangle arrows Continue reading “While Oprah Is At Harvard, She Might Want To Retain Some Lawyers”

If you enjoy streaming movies at home through Netflix or Amazon Prime (or whatever other service you use), get ready to start paying more, because there’s a new technology just dropped off at the patent office that promises to keep you from enjoying movies with a few friends.

If you’re wondering why anyone would let this technology into their home, rest assured thousands will. Even you might, unwittingly.

And who’s to blame for this patent? Wait for it after the jump…

Oh what the hell, it’s totally Microsoft…

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So, you may recall that as a part of Judge Otis Wright’s Prenda sentencing, he ordered that a copy of the ruling be submitted in every other case involving Prenda:

For the sake of completeness, the Court requests Pietz to assist by filing a report, within 14 days, containing contact information for: (1) every bar (state and federal) where these attorneys are admitted to practice; and (2) every judge before whom these attorneys have pending cases.

In one Prenda case (involving AF Holdings again) in the Northern District of Georgia, the defendant, Rajesh Patel, and his lawyer, Blair Chintella, submitted Judge Wright’s ruling themselves to the court in the case. As pointed out by Fight Copyright Trolls, Prenda’s local counsel in Georgia, Jacques Nazaire has filed one of the most ridiculous filings we’ve ever seen yet in all of the Prenda filings. It argues that the court should not allow Judge Wright’s order to be entered into the docket because California recognizes gay marriage and Georgia does not. I’m not joking…

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Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so…. Heeding Lincoln’s wisdom, and the requirements of the Copyright Act, we conclude that merely calling someone a copyright owner does not make it so.

– Judge Richard Clifton, writing for a unanimous panel of the Ninth Circuit in Righthaven LLC v. Hoehn.

(Additional commentary about this interesting case, after the jump.)

double red triangle arrows Continue reading “Benchslap of the Day: Ninth Circuit Smacks Copyright Trolls”

Casey Anthony

* Right about now, the Second Circuit is wondering why authors are suing Google and crying infringement over the Internet company’s e-book project, especially since digitization could benefit so many of them. [Thomson Reuters News & Insight]

* This is the end of an era of legal battles: Jeffrey Skilling, Enron’s former chief executive officer, is getting a little shaved off the top of his 24-year prison sentence thanks to a deal with the Department of Justice. He’ll be out in 2017. [CNBC]

* Biglaw expected to have a slow start in 2013, but no one expected it to be this slow. The latest Citi report wasn’t exactly encouraging; on average, firms saw a 0.2% increase in revenue during the first quarter. [Am Law Daily]

* In the past decade, the American Bar Association has created six task forces to explore changing the face of legal education as we know it. Funny… nothing’s really changed. [National Law Journal]

* Bail for Ariel Castro, the accused Cleveland kidnapper, has been set at $8 million. “Just think of how many ribs and salsa albums could be bought with that, bro,” said Charles Ramsey. [Chicago Tribune]

* Casey Anthony had a bankruptcy hearing yesterday, but that news was overshadowed because everyone cared more about the girl who wasn’t going to get away with murder. [Orlando Sentinel]

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