Internet

* Ed O’Bannon asks the NCAA to agree in writing not to retaliate against any current athlete that joins his lawsuit against the organization. How sad is it that a non-profit organization committed to helping students needs to be reminded not to retaliate against students? In other news, NCAA Football 14 (affiliate link) came out today. [USA Today]

* More SCOTUS Term analysis. Tom Goldstein, Adam Liptak, and Jess Bravin have been invited to explain to the Heritage Foundation what an awesome term it had. [Heritage]

* The Shelby County decision completely lacks any foundation for the argument that the Voting Rights Act violates the Constitution. Yeah, but besides that… [Lawyers, Guns & Money]

* What is wrong with soccer fans? Referee stabs player and then ends up like Ned Stark. [Legal Juice]

* Mayer Brown reports that Mexican leaders are lining up behind energy sector reform. [Breaking Energy]

* Ever wonder about the extent of Internet censorship around the world? Here’s a handy chart showing how Google is censored in various countries around the world. [io9]

* Obama caves to Republican requests to suspend law. Republicans label Obama tyrannical for suspending that law. Bravo. [Wall Street Journal]

I have to admit that I’m still a bit surprised that pop-up/pop-under advertisements still exist. The concept is so annoying and so anti-consumer that pretty much all browsers figured out ways to build in pop-up blockers many, many years ago. Every so often one gets through (almost always advertising Netflix, by the way), and I get annoyed and try to remember never to visit that site again. However, Paul Keating alerts us to the news that a company called “ExitExchange” now claims to hold a patent on pop-up ads, and has sued seven porn sites and two travel companies [Ed. note: this link is from a porn industry publication so it's "safe-ish" for work, but be warned] for using them without a license.

double red triangle arrows Continue reading “Company Claims Patent On Pop-Up Ads, Sues Porn & Travel Companies”

Yesterday Elie wrote about the NYU “professor” who twitted a pitiable comment about obese people not being able to obtain Doctorates. The Interwebs had a field day with the comment. And the sociopaths who have every word of this site transmitted to their email just so they can snark went bananas. Two days ago, a comedienne debated a friend of hers regarding the appropriateness of rape humor, and the responsive comments were frankly disgusting. As were many of the comments directed at a Cheerios ad that featured a bi-racial family. Finally, I wrote some weeks ago about the secrecy surrounding mental health issues in our profession, and someone with no medical qualifications likened a psychotic break to over-stress in the workplace. Now, of these examples only two come directly from this site. But all of the hate, misogyny, racism, phobias, etc. are displayed here on a weekly basis. Are you really that stupid?

double red triangle arrows Continue reading “House Rules: Really?..”

If it is Urban Dictionary or hire some linguistic expert to do a survey, it seems like a pretty cheap, pretty good alternative for the court.

Greg Lastowka, an intellectual property professor at Rutgers Law-Camden, suggesting that the trend of using Urban Dictionary as a tool in litigation may accelerate due to the site’s relative ease of use.

No, Grumpy Cat did not turn on her owner.

But a viral video star has traded Internet notoriety for real notoriety after being arrested on charges that he murdered a 73-year-old law firm partner. The cause of death was described as “blunt force trauma.”

The body was found Monday and now police have apprehended their suspect…

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The thing about promoting security on the Internet is that it, ostensibly, is about protecting individuals from identity theft. Sure, there are other possible harms, such as lost commerce, but the threat of stolen personal information is the primary concern of most folks.

So allowing employers to require their employees to hand over social media passwords would seem, to a reasonable observer, to be the exact opposite of a policy that promotes cybersecurity.

But in the wacky world of the House of Representatives, the majority rejected a proposal that would have barred middle managers from impersonating employees online. Because….

double red triangle arrows Continue reading “Cybersecurity Bill Allows Employers To Seize Employee Facebook Passwords… Wait, What?”

Personal email accounts introduce possible threats to firm computers. A careless employee could open a trojan horse attachment and unleash a virus on the system. Even if the attack only infects the local drive, confidential information may be at risk.

This puts firms in a bind. Either invest time and energy teaching basic Internet skills to their employees — lessons like, “don’t open attachments from unknown email addresses” — that most of us learned when we still had Prodigy emails, or condescendingly cut off access to a modern necessity because the employees are too hopeless to understand the rules.

Yesterday, a major law firm chose the latter route…

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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.

A few weeks ago we wrote about Iceland’s thoroughly daft idea of trying to block porn there. Bad proposals for the Internet always seem to spread, and so it should perhaps come as no surprise that the European Parliament will be considering a similarly unworkable proposal, but in a rather more covert way, as the Pirate Party politician Christian Engström noted on his blog:

Next week in Strasbourg, probably on Tuesday, the European Parliament will be voting on a Report on eliminating gender stereotypes in the EU. To promote gender equality and eliminating gender stereotypes are of course very laudable goals, so my guess would be that unless something happens, the report will be approved by the parliament, possibly by a very large majority.

That would be a good thing, were it not for the following detail….

double red triangle arrows Continue reading “European Parliament Considers Banning All Pornography”

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.

Last week, we wrote about some of the copyright issues around the whole “Harlem Shake” meme (and, yes, we know it’s not the “real” Harlem Shake, so don’t even bother commenting about that). However, a few days ago, I was talking to an old friend who also happens to be an IP lawyer, and he pointed out one of the nuttier things about our copyright system. Yes, he said, Baauer is making tons of money by monetizing all of those Harlem Shake videos with ads. But Baauer actually had almost nothing to do with the popularity of the song or the meme itself. This isn’t a Psy situation, where his video/dance created the meme. Instead, as we discussed, there was this video, which led to this video, and then this video and then this video… and then tens of thousands of copycats bloomed.

Yes, they all use 30 seconds from Baauer’s song (which itself included many samples from others, some of which do not appear to be licensed, based on Baauer’s own statements), but the popularity was because of the original video by “Filthy Frank,” and then TheSunnyCoastSkate (TSCS) building on that to create the basic framework, quickly followed by PHLOn NAN and the folks at Maker Studios. In many ways, this reminds me of Derek Sivers’ popular discussion of the importance of the “First Follower.”

double red triangle arrows Continue reading “Is It ‘Fair’ That Baauer Gets The Proceeds From Harlem Shake Videos?”

* Legendary union leader Marvin Miller died today at the age of 95. This is a guy who lost a huge case at the Supreme Court fighting against Major League Baseball, and still found a way to win. He wasn’t a lawyer, but he mastered the law. [USA Today]

* Tax professors weigh in on the fiscal cliff. [Tax Prof Blog]

* Jersey Shore residents are suing over sand dune protection from storms. They’re not suing because they’re weren’t protected enough, they’re suing because the new sand dunes block their ocean view. [Asbury Park Press]

* Yahoo! and NBA lawyers might need to talk about what, precisely, the NBA is endorsing. [Marc Edelman Blog]

* I’m going to go on and vote “no” on the question of whether or not the U.N. should get to “govern” the internet. Wait… I don’t get a “vote” on what the U.N. should do? Well, that sounds like a good reason to go back to not giving a crap about anything the U.N. says. [The Volokh Conspiracy]

* Looks like the wheel finally came ’round on InTrade. [Dealbreaker]

* The Justice Resource Center, coordinator of the 2013 NYSBA High School Mock Trial Tournament, seeks voluntary attorney-coaches. Help teach young people about the law — and get CLE credit, too! [Justice Resource Center]

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