Intellectual Property

To clarify, this picture is an album, not a handjob joke.

Yesterday, musician Chubby Checker, née Ernest Evans (the man loves his alliteration), filed a $500 million lawsuit against Hewlett-Packard and Palm over a Palm Pilot app that was downloaded a mere 84 times.

Why?

Because the Palm Pilot app store apparently sported an application known as the “Chubby Checker” that allowed inquiring minds the ability to figure out penis sizes based on shoe size.

This case shocked me: did you know Palm still had assets?

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* What to do when your federal agency’s website has been hacked by Anonymous and you’re unable to post a major report online for public dissemination? Well, just ask a law professor to do it for you on his blog; that’s not embarrassing, not at all. [WSJ Law Blog]

* The many victims of the Deepwater Horizon disaster can now rejoice, because yesterday, Transocean pleaded guilty to violating the Clean Water Act, and will pay the second-largest environmental fine in United States history to the tune of $400 million. [CNN]

* Money takes flight: eleventy billion Biglaw firms are behind the beast that is this awful airline merger, but taking the lead are lawyers from Weil Gotshal for AMR and Latham & Watkins for US Airways. [Am Law Daily]

* After questioning the validity of one of the NBA players union’s contracts, Paul Weiss is withholding details about it thanks to the government’s intrusion. Way to block nepotism’s alleged slam dunk. [New York Times]

* “When is the last time you took the biggest financial institutions on Wall Street to trial?” Elizabeth Warren took the Socratic method to the Senate Banking Committee and she was applauded for it. [National Law Journal]

* If you liked it, then perhaps you should’ve put a ring on it, but not a Tiffany’s diamond engagement ring that you’ve purchased from Costco, because according to this trademark lawsuit, it may be a knockoff. [Bloomberg]

* “We feel very badly for Megan Thode.” A Pennsylvania judge ruled against the Lehigh student who sued over her grade of C+ because let’s be serious, did ANYONE AT ALL really think he wouldn’t do that?! [Morning Call]

Non-Sequiturs: 02.14.13

* Sadly, Ronald Dworkin has died at 81. [The Faculty Lounge]

* Oracle really really hopes the Federal Circuit has read Harry Potter. But of course they have, because… nerds. [Groklaw]

* A 16-year-old is suing her parents to keep her unborn baby, claiming her parents are forcing her to have an abortion. I’m sure she’s just hoping to get on the next season of Teen Mom. [KPLR 11]

* Snake-handling pastor has his snakes confiscated by Tennessee cops. I had to read this twice because I assumed it was a recap from last night’s Justified. [WSJ Law Blog]

* An interesting look at the false dichotomy between teaching and practice. It’s probably unfair, but all I kept thinking was, “those that can, do; those that can’t…” [PrawfsBlawg]

* Jeff Kurzon is taking a break from suing law schools to run for Congress. If elected, Staci expects an invitation to the next State of the Union. [Jeff Kurzon Blog]

* Overlawyered cites, presumably with disdain, a school district banning the use of a piece of playground equipment. I’m sympathetic to the school for two reasons: (1) when I was a kid, I broke my arm on a piece of playground equipment; and (2) take a look at the death trap of a machine they’re banning. [Overlawyered]

* TestMasters claims that individual posters have been sharing their materials for free. This case sounds an awful lot like what brought down Litchfield Law School. [Courthouse News Service]

You can do so much with a law degree: securities litigation, real estate, executive compensation, porn production…wait, what?

The Internet, one of the greatest technological achievements in human history, is mostly for porn distribution (not really, but that’s the popular misconception). And if the Internet is littered with copyrightable pornographic material, there’s an opening for attorneys to make some money helping clients go after those who steal that material.

But what if a law firm, operating through shell companies, started making its own porn in order to concoct its own causes of action? I mean, that couldn’t happen, right?

Well, Judge Otis Wright of the Central District of California suspects that may have just happened in his courtroom, and he’s not happy….

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* DC Comics didn’t take kindly to a garage selling replica Batmobiles without permission. A federal court agreed. But if we outlaw Batmobiles, only outlaws will have Batmobiles! [Comic Book Resources]

* Mistrial in Philadelphia after the witness lost (part of) his head on the witness stand. [Philly.com]

* Taser or Lightsaber? I never thought that would be a serious question. [Legal Juice]

* A quick refresher from that “Law and the Vatican” course you took as a 3L. [WSJ Law Blog]

* A compilation of some bad courtroom (and quasi-courtroom) behavior including our friend from last week, Penelope Soto. [LOL and Smile]

* The Bratz case is so totally over. The result? A whole lot of nothing — much like the Bratz movie. [The Recorder]

* Shorter version of this article: Morpheus explaining, “But when you’re inside, you look around, what do you see?…The very minds of the [nice legal academics] we are trying to save. But until we do, these [law professors] are still a part of that system and that makes them our enemy.” [Inside the Law School Scam]

* New Mexico is considering a new law against bullying — but does it go too far? Does it? Answer me, you little wuss! [Volokh Conspiracy]

Ed. note: This is the first installment of The ATL Interrogatories, brought to you by David Carrie LLC. This recurring feature will give a notable law firm partner an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.

Peter Kalis is the chairman and global managing partner of K&L Gates.

1. What is the greatest challenge to the legal industry over the next five years?

Although I’m tempted to do a passable imitation of a legal consultant and talk about globalization, innovation and the New Normal, all of which are important, in fact the fundamental challenge facing our industry over the next five years and beyond is to preserve the Rule of Law in a world in which an increasing number of globally significant economies have no comparable tradition and in which some governments don’t respect rights of individuals and enterprises. The world, our industry and our profession would be much different if norms we associate with the Rule of Law were defined downward as a by-product of globalization. I know it’s a stretch for an audience focused during difficult times on real and immediate career challenges to shift gears and focus on a seemingly abstract concept such as the Rule of Law. The times tend to divert all of our gazes inward. But there is no one reading this who is more self-absorbed than the least self-absorbed law firm managing partner.

We all need to do a better job when it comes to talking about and vindicating the Rule of Law in our day to day lives. I know that I do. With all of the misguided talk about vocationalism in legal education, moreover, I also worry that our law schools are not pounding away sufficiently at the foundational importance of the Rule of Law or the role of U.S. lawyers, among others, as its missionaries.

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Cyber security is all the rage this week, with President Obama announcing that he’s working on a new cyber war plan and the Internets freaking out that the Super Bowl blackout was really a Chinese hacking effort.

Some of you probably assume the ATL front page was hacked this week. Don’t worry though…we made all those problems ourselves.

Cyber attacks on U.S. businesses have increased dramatically as savvy hackers look to steal financial and intellectual assets from computer systems. The smartest cyber criminals have even figured out the best way to get what they want is to avoid the target corporation entirely and aim straight for their law firm — the soft underbelly of American cyber security…

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Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.

It’s almost that time of year again, when many of us lesser beings will gather together to watch super-human men on all manner of PEDs and deer antler urine sprays smack each other around while an oblong leather ball sits somewhere in the background. We’ll leap for the pizza and chili like salmon during mating season while, between whistles, obligatory commercials with Avatar-like production budgets glow at us. That’s right sports fans, it’s [editor redacted] time!

Wait, hey! What the hell? I said it’s [editor redacted] time! Oh, come on. I can’t say [editor redacted]? Fine, what about a euphamism, like [editor redacted]? No, can’t say that either? Maybe [editor redacted]? Damn it, this is stupid. I’m talking about something that rhymes with “Pooper Hole” (heh, got you, editor!)….

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Antigua & Barbuda 1
United States 0

Have you been holding off on buying your copy of Supertrain: The Complete Series in hopes of downloading it illegally without fear of reprisal? Well, you have a friend in Antigua & Barbuda.

In a Monday decision by the World Trade Organization, Antigua & Barbuda can now legally offer downloads of copyrighted U.S. works, and there’s not a damn thing the U.S. can do about it.

The decision marks the latest chapter in the long-running trade dispute between the U.S. and the tiny Caribbean nation over Antigua’s internet gambling industry. The U.S. banned Antigua’s internet casinos, Antigua took the U.S. to court through the WTO, and Antigua won — and has continued to win — consistently throughout the appeal process.

And now, in what passes for the sentencing phase of the WTO proceedings, Antigua has earned the right to violate the hell out of U.S. copyrights up to the value of $21 million a year.

Does that seem illogical? Welcome to the WTO….

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Can you make this? I didn’t think so.

Our latest career alternative for attorneys is definitely outside the box. It’s not like, say, going into finance, or consulting, or even writing and blogging. It’s really different.

We’re talking about balloon twisting. Yes, that’s right — like the kind of you see at children’s parties, or done by street performers. In fact, today’s profile subject earned extra money during law school by performing as a balloon twister on the streets of Boston….

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