Technology

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.

Universal Studios seems to have some trouble establishing concrete ideas and positions when it comes to copyright on its own products. In recent iterations, this has manifested itself in the form of their protesting a parody of 50 Shades of Grey while conveniently ignoring that work’s birth in the form of Twighlight fan-fiction. Alternatively, there are times when Universal doesn’t even seem to know what it holds the rights to and what it doesn’t. Well, it turns out that these stumbles aren’t exactly a new experience for Universal.

Chris O’Donnell writes in with the historical and hysterical case of Universal suing Nintendo over Donkey Kong shortly after Universal itself had argued that the property the dispute was based on, King Kong, was in the public domain. See, back when Michael Jackson was still best known for his music, Nintendo came up with their iconic Donkey Kong character, admittedly in some part inspired by the famous King Kong character. This inspiration, it turns out, came after the fact, but that didn’t stop Universal Studios from filing suit against Nintendo, because they had released a remake of King Kong a few years earlier. While some within Nintendo wanted to simply settle with Universal and move forward, others within sought out the words of a key ally to fight against them, and that ally was Universal Studios.

double red triangle arrows Continue reading “Historical Hypocrisy: Donkey Kong, King Kong, & The Public Domain”

Ed. note: This is the second installment of The ATL Interrogatories, brought to you by Lateral Link. 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.

Theodore Boutrous, Jr. is co-chair of Gibson Dunn‘s appellate and constitutional law groups. He is also a member of the firm’s executive and management committees.

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

For law firms to maintain strong, lasting bonds with clients and distinctive brands and cultures rather than transforming into large, largely fungible, faceless, bottom-line business enterprises.

2. What has been the biggest positive change to the legal profession since the start of your career?

Technology has revolutionized the legal profession, enhancing productivity, and improving the quality of work, life and client-service capabilities.

3. What has been the biggest negative change to the legal profession since the start of your career?

The demise of law libraries as special sanctuaries for thinking and contemplating and generating ideas.

double red triangle arrows Continue reading “The ATL Interrogatories: 10 Questions with Theodore Boutrous of Gibson Dunn & Crutcher”

Non-Sequiturs: 02.19.13

* A new lawsuit asks, “Who owns Sherlock Holmes?” That sounds like a mystery suitable for… ugh, I can’t bring myself to finish that gag. [Courthouse News Service]

* The well-oiled train wreck that is the NCAA finds itself in hot water for ignoring legal advice and going after Miami using privileged information. Lawyers are often maligned by non-lawyers, so let’s enjoy this article from a sports columnist explaining why lawyers can be awesome. [EDSBS]

* There’s a new iTunes app to keep track of your hours! I’m assuming it has a Biglaw feature to pad hours. [Herald Online]

* A trilogy of articles about California’s prison “realignment,” described as “The Best Trilogy Since Star Wars.” I’m certainly hoping this isn’t a reference to Episodes I-III. [PrawfsBlawg]

* The previously discussed proposal to allow Arizonans to bypass law school and take the bar exam has been cut down. It was always ironic that the state most wrapped up in “they took our jobs!” rhetoric wanted to open the legal profession to everyone. [Verde Independent]

* The third in an ongoing series of posts covering the trial of DC superhero Firestorm. Too bad he doesn’t have that split personality defense to fall back on. For the three of you who got that joke, you’re welcome. [Law and the Multiverse]

When Rick told Ilsa that the problems of three little people don’t amount to a hill of beans in this crazy world, he was right, because a hill of beans is worth a whole hell of a lot thanks to Monsanto.

Today, the Supreme Court will hear argument in Bowman v. Monsanto Co., an appeal from the Federal Circuit regarding the extent of Monsanto’s rights in patented, genetically modified soybean seeds. In addition to the obvious stakes for the agricultural sector, the decision could impact the entire biotechnology industry, as well as computer software and nanotechnology. I mean, I want to know who holds the patent when the grey goo overruns the planet!

So, who are the players and why do they care?

double red triangle arrows Continue reading “Monsanto Tells Supreme Court The True Value Of A Hill Of Beans”

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.

As we noted yesterday, President Obama is holding a “Fireside Hangout” via Google Plus today. In a bit of a surprise turn, he took a question about patents and patent reforms, with a specific question about software patents. And, his response was surprising. He admitted that there was a problem, and that there were some companies who were clearly not doing anything other than trying to “extort” money from others. Furthermore, while he pointed to the patent reform bill that passed in 2011, he also admitted that it really only went “halfway” towards reforming the patent system as far as it needed to go. If you click on the video, this takes place around 43:30 in the video….

double red triangle arrows Continue reading “President Obama Admits That Patent Trolls Just Try To ‘Extort’ Money; Reform Needed”

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?

double red triangle arrows Continue reading “Chubby Checker Sues Computer Companies For Putting A Chubby In Your Palm”

Non-Sequiturs: 02.06.13

Patrick Bateman? No, Tabber Benedict (via Getty).

* Former Biglaw associate Tabber Benedict, whom we’ve mentioned before (in happier times), reportedly threw a lavish “going away” party — going away to prison, that is. [Daily Mail]

* Take your pick: is government an “impetuous vortex” or a “hideous monster [with] devouring jaws”? [Althouse]

* Some thoughts from Juan Haines, a current San Quentin inmate and jailhouse lawyer, on wrongful conviction. [Life of the Law]

* In defense of the weekly meeting. [What About Clients?]

* Prosecutors: above the (traffic) law? [UTSanDiego.com]

* And how about the U.S. Postal Service? [Felix Salmon]

* The furor over U.S. Attorney Carmen Ortiz and the late Aaron Swartz shows no sign of abating. [How Appealing]

* Speaking of technology law, how would you like to win $5,000? If so, check out this contest. [IT-Lex]

Yesterday, Brian Tannebaum wrote about many of the law firm web site marketeers that write dreck for their clients.

The marketeers put this stuff online for the lawyers and call it content. Those with even minimal composition skills use far less charitable words to describe it.

As an example, he writes about the self-linking that takes place in pseudo-blogs and the embarrassing effect it actually has on the lawyer being promoted. He uses the example below — a monstrous keyword smorgasbord you may have stumbled across in the past, and were dumber for having done so….

double red triangle arrows Continue reading “The Turkewitz Times: Is Google Stupid?”

This is a post about the internet, and yes, it’s about small law firms.

You’re still in the race to page one of Google. Nothing is more important. It’s tiring. Your marketeer tells you that blogging is king. You don’t have time to blog, you need clients now — you aren’t interested in waiting for some client to think you had something interesting to say in your blog, and in turn, call your office, or some lawyer to read what you wrote and refer you a case.

Not a problem, says the marketeer. It doesn’t matter what you write, as long as your website is linked throughout the posts, like this:

Recently, this Craptown family lawyer read about a father being held in contempt for failing to pay child support. This case was not in Craptown and did not involve a Craptown family lawyer. As a Craptown family lawyer, it is important that anyone in Craptown who has a problem with Craptown family law call a Craptown family lawyer. It is unclear whether the father sought the services of a Craptown family lawyer, but contempt is a bad thing and is a reason to seek out a Craptown family lawyer. So for those of you fathers that are broke, it may be time to call a Craptown family lawyer.

These blogs all suck, say nothing, and exist only based on the marketeer’s promise of clients finding you via Google and dropping off a pile of cash at your office. The authors are very very very proud of their prose, as the marketeers cheer on their attempts to game Google. “Hey man, that last post was great, you had 27 links to your website.”

Obviously, this doesn’t apply to the vast amounts of Biglaw associates who read every single word of this column under duress every single week while waiting for their next assignment, but for those small firm and solo practitioners, I have a question: Does it work?

double red triangle arrows Continue reading “The Practice: Blogging And Other Social Media, Like A Search Engine Whore”

Last week, we asked readers to submit possible captions for this photo:

On Friday, you voted on the finalists, and now it’s time to announce the winner of our caption contest….

double red triangle arrows Continue reading “Caption Contest Winner: Because The Pay Is Better Than Doc Review”

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