Technology

* So, this happened over the weekend: Anonymous hacked the U.S. Sentencing Commission’s website and is threatening to release government secrets about the DOJ (and possibly all nine of our Supreme Court justices) unless the legal system is reformed. [CNET]

* A spoonful of sugar makes the lawyering go down? Apparently the best way to remind lawyers that they need to act civilly is through song. Or through Above the Law posts, but we aren’t in the habit of hosting sing-a-longs like the New York Inn of Court did. [Wall Street Journal]

* “[U]nless there are major changes in the legal industry,” law school administrators shouldn’t expect people to apply in droves, especially when they’re now fleeing like rats from a sinking ship. [National Law Journal]

* Arizona’s Supreme Court will allow people to take the bar exam after two years of study, but come on, the justices don’t want to jump the shark by allowing online law grads take the test, too. [East Valley Tribune]

* Tim Tebow got to trademark Tebowing, so why shouldn’t Colin Kaepernick get to trademark Kaepernicking? All the San Francisco 49ers quarterback wants to do is sell some inevitably overpriced t-shirts. [NBC Bay Area]

* An appeals court threw out two of Casey Anthony’s convictions, but her legal drama is far from over. The ex-MILF filed for bankruptcy to escape nearly $1 million in liabilities, including Jose Baez’s legal fees. [CNN]

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.

We’ve covered the Stephanie Lenz / dancing baby / fair use case for years — but now it looks like there’s finally going to be a trial to consider if Universal Music can be punished for sending a DMCA takedown notice on a video of Lenz’s infant son dancing to 29 seconds of a song by Prince, which Lenz asserts was clearly fair use.

If you haven’t followed the case, it’s been argued back and forth for years. At one point, the court ruled that a copyright holder does need to take fair use into account before sending a DMCA takedown, but that there needs to be “subjective bad faith” by Universal Music in sending the takedown. In other words, Lenz (and the EFF, who is representing her) needs to show, effectively, that Universal knew that it was sending bogus takedowns. The EFF has argued that willful blindness by Universal meant that it had knowledge (amusingly, using precedents in copyright cases in the other direction, where copyright holders argue that willful blindness can be infringement)….

double red triangle arrows Continue reading “Court Says Trial Needed To Determine If Universal Music Violated DMCA With Dancing Baby Takedown”

I work in the IT department of a law firm and I set up conference rooms for meetings. A few of the rooms I set up are right across the street from a brand new apartment building that’s almost 50 stories tall. Most of the time you can’t see into people’s living rooms because the glass is reflective. But between 8 and 9 a.m., because of the angle of the sun, you can see right into people living rooms and bedrooms. One woman gets up around 8:30 a.m. and likes to strut around her bedroom naked.

“Accidental Peeping Tom,” who recently sought the counsel of Slate’s Dear Prudence advice column. Check out his query, and her response, over here.

(If you have an idea about which law firm this person works at, feel free to drop us a line. We might want to schedule some morning meetings there….)


* “The bottom line is … I’m the 800-pound-gorilla that you want to settle with.” By the way, if you weren’t sure, Howrey’s trustee Allan Diamond wasn’t kidding about suing the firm’s former partners. “Either we’re going to cut deals, or I’m suing you.” [Am Law Daily]

* It takes two to do the partnership tango: in the expansion of its Financial Institutions Group, Goodwin Procter picked up Brynn Peltz, an attorney with more than 20 years’ experience, and an ex-partner at Latham and Clifford Chance. [Fort Mill Times]

* Hello, predictive coding! Goodbye, jobs! Not only can computers do the work of lawyers on the cheap, but they can do it more intelligently, too. Get ready to welcome our new digital overlords. [WSJ Law Blog (sub. req.)]

* Another day, another op-ed article about the law school crisis in the pages of the New York Times. But at least this one is about something most can support: changing the third year of law school. [New York Times]

* As it turns out, with 82 applications for the program’s first five spots, there’s actually a demand for Yale Law’s Ph.D. in Law. So much for this being “[t]he worst idea in the history of legal education.” [National Law Journal]

* Linebacker Jonathan Vilma’s defamation suit against NFL Commissioner Roger Goodell in connection with Bountygate was dismissed. Wonder when Goodell will suspend Vilma for thinking he could win. [Bloomberg]

* Francis Lorson, former chief deputy clerk of the Supreme Court, RIP. [Blog of Legal Times]

One of the biggest obstacles job seekers face is coming across as just another name on just another résumé. The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history.

ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers — effectively giving job seekers an edge over the competition by allowing them to “meet” employers before other candidates.

ViewYou videos are a professional, powerful way to introduce yourself to employers and supplement your résumé. In your video, you can answer interview questions, describe your past work experience, demonstrate language skills, include footage of mock trial competitions, or explain your desire to work in a particular field or location. By including the videos alongside your résumé, writing samples, and other application materials, ViewYou allows you to promote your personal brand using one convenient platform.

ViewYou also allows as much privacy or accessibility as users want: make certain segments of your profile publicly available to share with friends and family, or include private links to employers on your résumé or cover letter. Unlike a traditional, non-professional social network, friends can’t post inappropriate comments, your current employer can’t see your activity, and strangers can’t view or comment on your videos.

In this challenging job market, making a personal connection with employers can be the key that sets a candidate apart from the competition, and ViewYou is a powerful tool that allows law students and lawyers to do just that. Check it out today.

ViewYou Offer for Above the Law Readers [ViewYou]

DaNae Couch

* “I’m a New Yorker, and I jaywalk with the best of them.” Don’t be fooled by the rocks job that she’s got — she’s still, she’s still Jenny Sonia from the block. The Supreme Court’s very own wise Latina, author of a new memoir (affiliate link), is proud of her city. [New York Times; 60 Minutes]

* If you’re looking for an M&A adviser, you’d be wise to seek out counsel from Skadden Arps. The firm swept three separate rankings lists based on the total value of its clients’ 2012 M&A transactions. [Am Law Daily]

* Only in the world of legal education could the dean of a law school that isn’t even numerically ranked by U.S. News have the highest salary of all law deans nationwide. (We’ll likely have more on this later.) [Boston Globe]

* Arizona schools will allow 3Ls to take the bar exam, but New York schools may soon do away with 3L year altogether. Of course, the ABA will find a way to muck it up, but still, hooray for progress! [National Law Journal]

* Remember “Made in Jersey,” the show about a stereotypical Jersey girl who made the jump to Biglaw? Yeah, neither does anyone else. Hopefully “Staten Island Law” won’t face the same fate. [New York Daily News]

* “Sexiness is all about being a woman of character.” Our congratulations go out to DaNae Couch, the Texas Tech law student who advanced to the Top 10 of the Miss America competition. You go girl! [Lubbock Online]

* Aaron Swartz — Reddit co-founder, friend of Larry Lessig, felony hacking defendant — RIP. [New York Times]

* Dewey know how much money this failed firm has run up on its tab for legal advisers since May? It’s quite the pretty penny — $14.8 million — and that amount actually includes some pretty ridiculous fees and charges, like $21,843 for photocopies. [Am Law Daily]

* Everyone’s glad that we didn’t nosedive over the fiscal cliff, but the people who are the most excited about it seem to be Biglaw partners. This wasn’t the best bill, and more uncertainty means more work, which means more money. [National Law Journal]

* It looks like we’re never going to find out what the Justice Department’s legal justification was for the targeted killing of Anwar al-Awlaki, because a federal judge upheld the validity of its secret memo. [New York Times]

* Everyone flipped out over Instagram’s money filter, but they’re keeping relatively quiet about this mandatory arbitration provision. Quick, post some pseudo-legalese on your Facebook wall. [WSJ Law Blog (sub. req.)]

* Good news, everyone! Thanks to this ruling, in Virginia, you can be as nasty and negative as you want to be on Yelp without fear that your voice will be censored… kind of like the Above the Law comments. [All Things D]

Zhang Ziyi

* I don’t fully understand this story, but it involves the beautiful and deadly Zhang Ziyi and a SLAPP suit. [Techdirt]

* I’m interested in who Andrew Cuomo appoints to the New York Court of Appeals, just because I’m interested in how Cuomo picks judges. You know, just because 2016-2020 could be an interesting time when it comes to shifting the balance of power on the Supreme Court. [WiseLaw NY]

* A Holland & Knight partner is leaving to start teaching an “Indigent Defense” class at Georgetown. I’m not sure who is teaching the companion class: “Blood From A Rock: How To Get Fees Out Of Indigent Clients.” [Legal Blog Watch]

* I swear I was absent the day they explained that the NRA is the fifth branch of government in civics class. [PrawfsBlawg]

* Mmm… negative liberty. [Josh Blackman's Blog]

* This seems like a good time to say that I watch This Week with George Stephanopoulos instead of Meet the Press. But I really think that DCPD has better things to do than investigate David Gregory’s ammo clip prop. [Slate]

* Another year, another round-up of the year’s legal highlights from the National Law Journal. Perhaps after a year that was wracked with destruction for this supposedly noble profession, we’ll actually see some substantial change in 2013. [National Law Journal]

* Meanwhile in Iowa, failure to sleep with your horndog boss is “like having a Lamborghini in the garage and never driving it,” so if he’s irresistibly attracted to your exotic lady parts car, you better be ready, willing, and able to find yourself a new job. [Washington Post]

* People were so pissed off about Instagram’s new terms of service that someone filed a class action suit. The app’s litigation filter must make exasperated attorneys and wasted dollars look shiny and happy. [Reuters]

* “It is not the perfect path to wealth and success that people may have envisioned.” As we’ve been stating here at Above the Law for years, being a lawyer is no longer the golden ticket that it once was. [Bloomberg]

* ASU Law will now offer a North American Law Degree that’ll prepare graduates to practice in the U.S. and Canada. Yes, ship your jobless grads north where there’s an articling crisis, great idea! [Associated Press]

* Still thinking about applying to law school? That’s a funny joke. But if you’re interested in being a punchline in three years, follow this application season timeline. [Law Admissions Lowdown / U.S. News & World Report]

* Jack Klugman, noted actor whose roles included that of Juror #5 in Twelve Angry Men, RIP. [New York Times]

* Richard Adams, a plaintiff in the first suit seeking federal recognition of gay marriage, RIP. [New York Times]

Instagram is adding a monetization filter to its precious photo-sharing service. In a change to its privacy policy that has everyone in my Twitter feed freaking out, Instagram has given itself the right to lease users’ names, likenesses, and photos out to advertisers. That means the Kelvin-filtered photo of your polished finger nails might wind up being used by the responsible salon; or that the craft cocktail bar where you Hefe-filtered your Chewbacca Jacuzzi may throw it into an ad; or that the vintage market where you Walden-filtered that top-hat-wearing boar’s head might pay to promote it.

The change comes on the heels of corporate owner Facebook giving itself the right to dip into the data Instagram has on its users, which means Instagram’s photos will start being fed into Facebook’s well-oiled advertising platform.

“Dear @instagram @facebook – You have the right to run your business as you choose. But screw you,” tweeted one privacy advocate.

Here are the offending terms of the new Instagram terms of use:

[Y]ou hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, except that you can control who can view certain of your Content and activities on the Service…

In other words, Instagram recognizes that it shouldn’t screw over users who have private accounts by using their photos in ads aimed at the general public (though they can put them in ads aimed at your friends).

But will Instagram screw over its users anyway?

Continue reading at Forbes….

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