Technology

Blogging TypewriterEugene Volokh points our attention to yet another bizarre copyright case, Denison v. Larkin, in which lawyer Joanne Denison argued that the Illinois Attorney Registration and Disciplinary Commission (IARDC) infringed on her copyrights by using portions of her own blog as evidence against her during a disciplinary proceeding.

Not surprisingly, the court soundly rejected this particular interpretation of copyright law….

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Africa LF* “There’s too much at stake—too much money and interest.” Biglaw firms in West Africa are surviving, nay, thriving, despite the fact that the area is afflicted by the terrors of Ebola. [Am Law Daily]

* “[T]ake a step back, to pause to consider, I hope, a change of course.” The head of the FBI is pissed about cell encryption, and he wants tech companies to cut it out with this privacy stuff. [WSJ Law Blog]

* Buchanan Ingersoll & Rooney has a new chief financial officer. At Pittsburgh’s third-largest firm, the former litigation practice director could really make a name for himself. [Pittsburgh Business Times]

* Former employees — even lawyers — of the recently failed Canadian firm Heenan Blaikie are filing suit, seeking hundreds of thousands of dollars in severance pay. Good luck with that, eh? [Globe and Mail]

* According to NY AG Eric Schneiderman, 72% of Airbnb rental sites in New York City are operating illegally. This is going to be problematic for those who enjoy the services of faux hotels. [New York Times]

We all face technology choices, but when you’re managing a law firm, these choices are all the more important, since the tools you settle on become a regular part of your day-to-day life. Making a bad decision about technology in your law practice can be particularly unpleasant since the effects are often long-term ones due to the high upfront investment required.

That’s why your decision regarding which computers and operating systems to use in your law firm is such an vital one. Once purchased, you’ll use those computers and compatible software for years to come. Making the right choice for your law firm can make all the difference.

Because PCs and compatible software dominate the marketplace, PCs are the computer of choice for most law firms. But some attorneys choose the path less traveled and opt to go with Macs. Eric Gold, a California estate practice and family law attorney, is one of those lawyers.

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Last Friday, I was in my office when I noticed that my Dropbox tray icon said that I had 2,000 files left to sync. I thought that was weird because I didn’t remember adding thousands of files.

But, since I’ve never had any problems in the past with Dropbox, I didn’t think much of it… until later that evening, when I received the following email from Dropbox:

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Ed. note: This is the latest post by Above the Law’s guest conversationalist, Zach Abramowitz, of blogcasting platform ReplyAll. You can see some of his other conversations and musings here.

In August, Personal Audio Inc. — a “patent troll” or a “patent holding company,” depending on your point of view — dropped its case against Adam Carolla for alleged violations of its purported patent on podcasting, or more specifically, creating sequenced playlists for download. Personal Audio apparently thought it could get a settlement out of Carolla, the same way it has against CBS and other big companies, by threatening expensive litigation.

But in his typical %^&# you fashion, Carolla proceeded to join forces with other podcasters, like Jay Mohr and Marc Maron, to crowdfund a legal defense fund against Personal Audio. The resulting litigation ultimately caused Personal Audio to drop its lawsuit. Mike August is a former William & Morris agent, an attorney, and the business manager of Carolla Digital. He has been nice enough to answer some of my questions and tell us about the future of podcasting and crowdfunded lawsuits.

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The source of the Supreme Court’s tech problems?

Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule today. We will be back in full force tomorrow.

* The Supreme Court’s new Term is off to a great start: Thanks to a copy machine’s error, we almost missed the surprise cert denials in the gay marriage cases. What kind of screw-ups will this week bring us? [National Law Journal]

* On the other hand, in what’s considered an unsurprising move following its cert denials en masse, the Supreme Court allowed same-sex marriage to begin in Idaho. Congrats to the Gem State. [WSJ Law Blog]

* Jenner & Block’s data privacy practice is making waves in an “uncharted but lucrative field,” and its leader thinks that the “Internet of Things” will help heat up her work soon. [Capital Business / Washington Post]

* A future Law & Order: SVU episode? Sanford Rubenstein, a personal injury and civil rights lawyer who’s been described as “[f]lashy, brash and always camera-ready,” is now being accused of rape. [ABC News]

* Yale Law’s most interesting student goes to all of his classes, but never has to study or take any of his finals. It’s not because he’s lucky — it’s because he’s a 93-year-old course auditor. [New Haven Register]

Buck up, Professor. Your hero Nietzsche always says, ‘That which does not kill us makes us stronger.’

* Remember that whole Brian Leiter kerfuffle? Well he’s gone. The world (of philosophy rankings) was not ready for one as beautiful as thee. [Daily Nous]

* Before They Were Famous: Newly released documents reveal a pre-SCOTUS Justice Kagan writing memos admitting that she “really f**ked up” and “God, do I feel like an idiot.” At least she understood how she made her 1L class feel when she was a professor. [Josh Blackman's Blog]

* A lawsuit over who owns the word “how.” Can’t make this up. [Chronicle of Higher Education]

* How do we know that driverless cars are going to be wonderful for human society? Because they will be absolutely horrible for lawyers and insurers. [Legal Funding Central]

* This guy explains what everyone should understand before going to law school by walking through his decision to not to go to law school despite gaining admission to some T14 heavies. He gives ATL a shout. We hear you buddy, congratulations on your decision. [Chronicle Vitae]

* A Delaware attorney sued for allegedly aiding and abetting a fraudulent emerald salvage operation. Kind of “X marks the disbarment.” [Delaware Online]

* Exxon won an arbitration and got $1.6B from cash-strapped Venezuela, but wanted $14.7B. Poor Exxon, they face so many struggles. [Bloomberg h/t Breaking Energy]

* The D.C. Bar Association is hosting a “Go Formal For Justice” event to raise money for its many programs to help, directly or indirectly, the indigent. [D.C. Bar Foundation]

Ed note: This post originally appeared on CommLawBlog.

Simply imposing Title II won’t work.

[Blogmeister’s Reminder: The views here are those of the author, not necessarily shared by FHH colleagues and clients. Responses are welcome.]

Many of the three million (or so) comments in the net neutrality proceeding, based on our own small sample, urge the FCC to impose net neutrality rules by regulating the Internet “like a utility.”

Sorry. It won’t work.

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It’s time to yell back at a notorious loudmouth.

Former NSA head Keith Alexander — the original Million Dollar (a month) Man and premier cybersecurity consultant to the banking industry — is taking his years of expertise (and several mysteriously non-public patents) on the road, speaking at whatever venue will have him.

He recently delivered remarks at MIRcon in Washington, explaining exactly how simple it is for Americans to avoid the sort of domestic surveillance they always assumed they’d never have to worry about (you know, because of the Constitution and its various amendments, etc.). And remember, this man is asking $1 million a month to rent his brain….

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How does your law firm measure return on investment on social media? Likes, comments, followers, traffic, or analytics? Big mistake.

Good lawyers get their work from relationships and word of mouth. When measuring return on social media, measure with reputation and relationships in mind.

Kristin Andree (@andreemedia), a marketing strategist and former director in the financial services industry, writes in Investment News this week that relationships are the real social media ROI.

Andree is like most people when buying services:

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