It would take an heroic effort of explication to derive such a conclusion from their words and informal email exchanges. And to read Phillips’s or Z-Trip’s words to convey a contract to cede Monster such rights would flout common sense. Phillips, a former forestry and ski-industry worker with no evident legal expertise, never raised any such questions with Z-Trip, or reflected any awareness of the copyright interests that Monster would need to acquire or license to bring the promotional Video it contemplated into compliance with copyright law.
– Judge Paul A. Engelmayer, ripping a claim by Monster Energy that it received a license to advertise with a mashup of Beastie Boys songs because the D.J. who created the mashup said “Dope!” As Spin magazine puts it, Monster’s argument was that the aforementioned word “could function as some sort of license-giving, legally binding term. Really.”
* Just in time for Halloween, here’s a real Night of the Living Dead scenario. In Ohio you only have 3 years to challenge a ruling that you’re legally dead. After that, regardless of how f**king “alive” you are, you have to stay dead. [WTAE]
* Remember the epic Ninth Circuit benchslap oral argument? Well, the government read the writing on the wall and has confessed error and vowed to use the video of the oral argument as a training tool for its attorneys. We hope they’ll consider using the ATL write-up as supplemental reading material. [The Volokh Conspiracy]
* Corporette offers some good advice on how to write great cover letters. A good start is not writing one like this guy we profiled awhile ago. [Corporette]
* The Ole Miss FedSoc has readopted Colonel Reb, the now departed Ole Miss mascot, who the student body rose up and tried to replace with Admiral Ackbarsolely because the collected student body figured out this was racist (prompting one of my friends to create this brilliant image). So as Elie asks, “Is it really news that the Ole Miss FedSoc is raceist?” [Ole Miss]
* More about the Stephentown incident in which 300 kids broke into a guy’s house and live-tweeted the $20,000 in damage they did. Some parents have threatened to sue him for identifying the kids who ruined his house — because blaming the victim is awesome! [IT-Lex]
* Today in contrarian arguments, fracking could solve the global water crisis. [Breaking Energy]
* Update: Yesterday we reported about the California courts denying class certification in the Thomas Jefferson School of Law case. Apparently that was a tentative ruling and the parties have since had a lengthy argument in front of the judge. So there’s still hope! [San Diego Courts]
* A Houston-area law grad is hoping to crowdfund her law school debt repayment. While that sounds annoying, instead of blaming her, let’s blame Zach Braff for giving her the idea. Always blame Zach Braff. [Go Fund Me]
* Law school as explained by a bunch of GIFs from Titanic. They missed the one about the Captain looking hopelessly at the iceberg as metaphor for deans staring at employment statistics. [Buzzfeed]
* Could you charge Marty McFly in 1985 for things he did in 1885 since he knew they were going to be illegal 100 years later? [The Legal Geeks]
* More on the legal storm surrounding the Danzinger Bridge killings: veteran prosecutor Karla Dobinski self-reported her involvement in making online comments and is being investigated. Dobinski posted under the alias “Dispos,” which means alcoholics. So someone might want to keep an eye on her drinking after she loses her job. [The Times-Picayune]
* M.I.A. has been largely MIA since the Super Bowl when she flipped off the masses. The NFL is suing her for $1.5 million for breach of contract and she refuses to pay, noting that the shameful display of the cheerleaders was far more offensive. [TMZ]
* An essayist wants to stop being judged because she doesn’t have student loans. “I am responsible and fortunate for the resources I have.” Totally. Except when you read the whole article you have to replace “I am” with “my parents.” [Thought Catalog]
The old saying goes, “you can’t judge a book by its cover,” and it usually preaches that people are different on the inside, and generally for the better. That’s kind of a stupid saying when you think about it because a cover is an image specifically selected by the author and a publisher to entice people to read the book. It’s designed to reflect the book. If anything, a cover misleads the consumer into buying a book that’s not as good as the cover. So if you’re judging a book by its cover, there is only a risk that the reality is going to be worse.
This is all a roundabout way of pointing out that a business structured around a couple of guys who affirmatively choose to dress up like evil clowns and sing “F**k Celine Dion and f**k Dionne Warwick, you both make me sick, suck my dick,” have been sued for sexual harassment.
The allegations are kind of crazy, and claim other criminality as well….
Last month, Miley Cyrus stunned the nation with her racy performance at the MTV Video Music Awards (and by “racy,” we mean that she stripped down to a latex bikini, dry-humped Robin Thicke, twerked to her heart’s content, and used a foam finger to, well, finger herself). Hannah Montana would be so disappointed.
Social media sites went wild, and so did viewers, some of whom were so traumatized by Miley’s bump n’ grind routine that they decided to take their angry rants to the FCC, an agency with absolutely no legal authority over indecency on a cable network like MTV.
More than 150 concerned citizens flooded the Commission’s inbox with irate correspondence, only to have them fall on deaf ears. But thanks to the many Freedom of Information Act requests filed with the FCC, the public’s complaints have been unearthed, and boy, are they entertaining…
* A lawyer fresh out of law school botched a domestic violence case by gushing all over Tom Hanks… who was serving as a juror. Which, in fairness, was awfully Big of him. [TMZ]
* Federal prosecutors are seeking at least 27 years in prison for a Massachusetts man who authorities say plotted to kill and eat his children based on a search of his home and car, which is presumably a Saturn. As one law professor observed, “Perhaps the lawyer will make a free exercise argument and claim that eating children is a requirement of his religion.” [CNN]
* If you’re going to drink and drive, be sure to toss a few back with the judge first. [KVUE]
* A criminal defense lawyer who begins every cross by making the cop look more humane and respectable. I thought the public defender from My Cousin Vinny was the lowest criminal defense could go in the comical incompetence department. [Katz Justice]
* Putin crony claims 100 percent of profits in a “public” oil company by flat ignoring minority shareholders. Shhhh! Stop giving Exxon ideas. [Breaking Energy]
* Elizabeth Wurtzel knows music (a subject she covered for the New Yorker for New York Magazine). In this article, she writes about The Replacements (something Wurtzel has made her past employers, including Boies Schiller, become familiar with). [The Daily Beast]
* On Monday, the American Constitution Society will host a preview of the upcoming Supreme Court session. Panelists include Pamela Harris, Randy Barnett, Joshua Civin, Andrew Pincus, and David Strauss. [American Constitution Society]
We’ve written many times about the issue of termination rights in copyright. Under the Copyright Act that went into effect in 1978, artists have a “termination right” to basically take back their copyright from whomever they assigned it to, 35 years after the works were created. Artists cannot contract that right away. It’s inalienable. Of course, it’s 2013, and as you may have noticed, that’s 35 years after 1978. There are a variety of legal fights going on, as copyright holders (generally large gatekeeper companies) are fighting to stop the termination rights. One of the first key cases on this involved The Village People’s Victor Willis, who initially scored an initial victory last year. Of course, the legal fight went on. The NY Times, however, is reporting that Willis himself is now claiming victory, but the details are lacking, and the lawyer for the record labels denies Willis’ claim, noting that there’s still an appeal to be heard.
That said, what struck me as more interesting — but no less troubling — is the gleeful manner in which it appears Willis is preparing to use his new copyright powers (if he actually gets them) to make the current version of The Village People stop performing the band’s classic songs….
Justice Scalia and Justice Ginsburg, longtime colleagues and good friends, don’t share much in terms of jurisprudence but do share a love of opera. It’s fitting, then, that their Con Law clashes will serve as the basis for a new operatic work.
Where did Wang come up with the idea for an opera about these two distinguished jurists? As it turns out, Wang is not only a composer but a law school graduate. Where did he go to law school, and why?
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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