Disney is a name that is often associated with copyright maximalism for pretty good reasons. Despite the fact that many of its early successes depended heavily on either direct infringement or making use of the public domain, the company was a very aggressive enforcer of its own copyrights. And, of course, it was also a primary lobbyist for expanding copyright protections, andextending copyright term every time Mickey Mouse approached the public domain.
However, in the past few years, it’s seemed as though Disney has been a bit quieter than in the past about copyright issues, allowing some other companies to take the lead on that. And, in some cases, it seems to even be recognizing (*gasp*) that some infringement can actually be a good thing. Andrew Leonard, over at Salon, has the story of how Disney has finally joined the 21st century in realizing that having fans create derivative works around the movie Frozen, has actually been useful and free promotion for the original (and massively successful) movie.
* Want to see a really terrible version of 12 Angry Men? Watch it in Louisiana or Oregon, the two states that allow criminal convictions even when jurors are holding out. The Supreme Court has an opportunity to fix that, let’s see if they will. [Constitutional Accountability Center]
* Speaking of 12 Angry Men, this chart of the Dungeons & Dragons alignments of each juror is entertaining. [Imgur]
* The judge in the Janice and Ira Schacter kerfuffle invoked Above the Law in her decision as proof that the accusations against Ira Schacter were in the public eye. Thanks for specifically promoting us over the rest of the NY media Justice Laura Drager! [NY Post]
* Watch a bunch of law students talk about cats on Facebook. Will it end in douchebag posturing and threats of lawsuits? Of course it will! [Legal Cheek]
* “Volunteer Liquor Commissioner” was disciplined for operating a Facebook page for people complaining about the police. He’s suing. Better question is what does a “Volunteer Liquor Commissioner” even do? [IT-Lex]
* Allegations that Disney ripped off the trailer for Frozen from an animated short. They should really let it go. [Hollywood Reporter]
* Microsoft stopped supporting Windows XP. The IRS decided to keep going with the old product. So now your tax records are at risk. Enjoy the fruits of budgeting with anti-IRS legislators! [TaxProf Blog]
In last week’s column, I drew some customer service lessons for lawyers from the way that Disney treats visitors to its theme parks. This week, I want to focus on how Disney incorporates technological advances into its theme parks as a means of enhancing the customer experience.
On my recent visit, I was struck by the presence of two familiar pieces of technology from the “real world” within the Disney parks: (1) Disney’s new smartphone app for theme park visitors and (2) the availability of wi-fi in most areas of the park. Each example illustrates distinct yet relate, approaches to implementing technology for the benefit of the customer. And while I am sure that each took Disney many man-hours to develop, test, and roll-out publicly, it was refreshing for me as a lawyer to see a company of that stature making the investment to do so. It was also a real contrast to my Biglaw experience, where implementing technology in a way tailored to improve the client (and even employee) experience was all too often a low priority….
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.
Everyone has an opinion about a trip to Disney World. Some people relish immersing themselves in the experience, while others bemoan the long lines, incessant invitations to spend money, and roaming packs of at-turns hyperactive and hysterical children.
Personally, I fall somewhere in the middle, if leaning a bit to being a Disney-phile as opposed to a Disney-phobe. Having just spent a week there with my family, I can attest to the importance of having realistic expectations regarding the trip — such as recognizing that it will not be a relaxing “vacation,” in the traditional sense. Whether physically or emotionally, anything more than a day visit can be quite draining. At the same time, it is also a lot of fun, and can be quite educational for the kids as well. And there is a lot we can learn as lawyers from the way that Disney goes about its business….
* You can go to jail for possession, but if you actively aid and abet drug cartels, you can walk away with a fine worth 5 weeks of your income. It also helps if instead of “poor” you’re a bank. Hooray for “Too Big To Hold Accountable For Anything!!! [Rolling Stone]
* Disney has gotten fed up with “mockbusters,” films that jack the studio’s logo to confuse people into buying a different DVD. Now if you’ll excuse me, I’ve been itching to check out this new flick September: Osage County. [Jezebel]
* Dahlia Lithwick explains that too many schools feel the cure for the trauma of school shootings is… creating more trauma. [Slate]
* Chief Judge Theodore McKee of the Third Circuit rules that the government can detain you for carrying Arabic flashcards. This doesn’t even make racist profiling sense: “bad guys” would already know how to speak Arabic, right? [The Raw Story]
* Defendants need to understand that getting an acquittal requires them to expend some personal effort, too. [Katz Justice]
* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg]
* Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood]
* Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal]
* And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired]
* A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland]
I feel the last time we talked about a family court proceeding, it was horrible. Magistrate Patricia Doninger was caught on camera ignoring the pleas of a woman who was sexually assaulted by one of her court marshals.
It appears that Doninger has finally been relieved of her duties. With that out of the way, maybe we should focus on people who take a little more pride and concern when adjudicating family disputes.
The ideal family court judge should have one primary concern, and that is what is best for the children. Today we have a judge who intrinsically understands that “going to Disneyland” is always what’s best for the children…
* Congratulations to Sri Srinivasan on his unanimous confirmation to the D.C. Circuit. Fun Fact: Sri Srinivasan played high school basketball on the same team as Danny Manning. No joke there, it’s just a random fun fact I know about him. [USA Today]
* Should health care cover sex for people with disabilities? Sure, but spring for the Cadillac plan so you don’t get stuck with Helen Hunt. [PrawfsBlawg]
* The federal government has almost $5 billion invested in law schools. That’s around 4.4% of the total federal investment in higher education. So screw you future microbiologist, we need moar lawyerz! [Law School Cafe]
* Skadden covertly recruited its lawyers and staff best versed in Star Wars to sort through the intellectual property rights to 209 characters to make sure Disney successfully acquired the proper rights for every core character. If they had any decency they’d just let Jar Jar go. [Hollywood Reporter via ABA Journal]
* Law school to reconsider applicant it dinged the first time around. As Paul Caron notes, “Money quote from Dean: ‘we wanted to make sure that we weren’t taking advantage of them.’” How magnanimous of you to reconsider taking their money. [Tax Prof Blog]
* Judges manipulated the system to promote a vendor they personally operated on the State’s time. That’s one way to pad that judicial salary. [Washington Times]
* Kirkland and Ellis associate Roy Cho is mulling a run for Congress in New Jersey. It’s not official yet, but he has set up a campaign-ready Twitter account, and in politics that’s like changing to “In a Relationship” on Facebook. [NJ Herald]
* Zachary Cohn, age 6, drowned after becoming entrapped in the drain of his family’s swimming pool. The Connecticut Superior Court recently finalized a combined settlement of $40 million to Zac’s estate. Now his parents have taken all of the net proceeds from the case to establish The ZAC Foundation to tackle the nationwide issue of pool suction entrapment in private and public pools and to improve overall water safety. [Daily Business Review]
* The Times Publishing House is suing a 22-year-old law student for defamation. A newspaper suing a new media reporter with the very laws that land them constantly in court? *Cuts off nose to spite face* [Spicy IP India]
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: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.