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.”
* 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]
* 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]
On the list of those whom you may feel some measure of sympathy for, convicted sexual offenders rank somewhere between National Socialists and those who key cars. Perhaps lower. And yet, this is precisely why they are often the first against the wall when it comes to needless regulation and harassment. Like the bespectacled little spazz on the playground, sex offenders make for an easy mark.
And so it was that the state of California passed a ballot initiative that requires those already on the sex offender registry in that state to further register all of their internet activities. They must register their e-mail addresses and their impossibly witty usernames and handles. The cloak of anonymity on the internet, vital to its snark, nihilism, and generally poor table manners, has been denied to sexual deviants in California with this new law.
Well, not if the ACLU can help it. Continue reading after the jump, but only if your state allows you to…
Back in April, we wrote about Mark and Rhonda Lesher, a couple in rural Texas who won a massive defamation verdict against formerly anonymous online commenters. The online comments followed a trial during which they were acquitted of sexual assault. The multimillion dollar verdict appeared to set things right.
But it turns out there is much, much more to their story. Theirs is an unsettling tale of small-town justice, politics, and Mark Lesher, a lawyer-slash-“professional agitator,” who tried to do the right thing in a town that apparently wanted none of it.
Let’s start with news that the defamation verdict was overturned last month, and go backwards from there….
We celebrate America on July 4th because that is the day in 1776 when the Declaration of Independence was adopted by the Second Continental Congress. The Declaration of Independence is one of the most important documents in history. Even though the brilliant men who wrote it and signed it were largely hypocrites who couldn’t see the self-evident truth that women and blacks were endowed with the same inalienable rights as white male landowners, the fact that they bothered to write them down is a starting gun for the modern march of freedom that even today topples tyranny and oppression.
Nobody will ever write the above paragraph about the “Declaration of Internet Freedom” that is making the rounds this week. In fact, most likely nobody will write anything at all about the Internet Declaration two weeks from now because the document is devoid of anything approaching a coherent articulation of the rights of “the internet” or anybody else.
Apparently, 85 organizations and many people have signed this thing, which looks to capitalize on the grassroots effort to stop SOPA legislation. I’m not sure if anybody involved with the project ran this by a lawyer, because this doesn’t appear to be a serious effort to promote a legal construct that will protect the freedom of anything….
We’ve covered the trials and tribulations — and occasional dishonorable public unveiling — of anonymous internet commenters before. And we have learned that just because someone comments anonymously does not mean no one can find out their identity.
A Texas couple, a day spa owner and a prominent attorney, won a large defamation suit against would-be anonymous commenters last week, showing once again that your secret identity is never as secret as you might hope.
If your job is wearing you out, or you just plain hate it, have you ever considered that you may be contributing to the problem? Lateral Link has come up with four bad office practices that are detrimental to your career.
Find out if you’re guilty of any of these bad work habits, and how you can break them….
* It’s about time people remembered there’s no such thing as privacy anymore, but in case you forgot, Google is here to remind you. Say hello to the company’s latest plan for internet domination. [Washington Post]
* Two men from West Virginia claim that they were sexually assaulted by Andy Dick in a nightclub. The long and short of this lawsuit: Andy Dick has been accused of allegedly acting like Andy Dick. [Toronto Sun]
* Before you waste your tears crying over how much your fantasy team sucks, you should probably check and see whether it’s even legal to play. [Legal Blitz]
* Chase is giving away over $3M in grants for small charities, so why not take a second and vote for our friends over at Ms. JD? [Chase Community Giving]
* Using free beer to lure criminals into an arrest trap should be a violation of your right against self-incrimination. They should at least be able to drink it before the cuffs go on. [Legal Blog Watch]
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: