Technology

This is my favorite time of year. The ABA TechShow and the Legal Marketing Association Conference will headline a slew of multi-day conferences for very successful lawyers, some with clients, to mix with very successful, genius, game-changing marketeers and tech hacks, some who don’t work from their dining room tables or live at home, while hanging out in vendor halls looking for free coffee and a sponsored meal in between listening to the next law futurist spew stats on how clients they don’t represent want to receive legal services or hire lawyers.

If you’re on Twitter (which I am, even though I say in my bio here that no client has ever asked me if I’m on Twitter — because I enjoy the genius commenters saying, “But you’re ON Twitter dude?”), you can follow the dribble enlightening thoughts by searching #ABATECHSHOW. (That’s a hashtag. See, I’m one with the future.) In the coming weeks, you’ll find #LMA13, or just look for a bunch of people predicting the future of law and crying about “why lawyers don’t listen” to them.

When you look through the tweets, disregarding the vendors begging you to “come visit” their booth for a free Tootsie Roll and a chance to win the most important tool for any lawyer, the iPad, and the requests from very successful professionals to “share a cab” from the airport, you’ll come to something like this….

double red triangle arrows Continue reading “The Practice: Unverified Stats and the Future — It’s Marketeer Season!”

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.

If you’ve ever wondered why public agencies have such ridiculously stringent social media policies (for instance, DHS employees can’t even view the agency’s Facebook page while at work), it’s likely because of unfortunate instances like the following.

A Texas state trooper charged with sexually assaulting two women during a traffic stop was providing them with “customer service,” says Dale Roberts, the executive director of the Columbia Police Officers Association (CPOA) and a professor at the University of Missouri. (The CPOA is a part of the Fraternal Order of Police, one of the country’s largest police unions.)

“It’s called Customer Service!” Roberts wrote in a March 27 Facebook post about the indictment of Texas State Trooper Kelly Helleson, who was charged with two counts of sexual assault after conducting an illegal roadside strip search of two women. “We just did it so they wouldn’t have to make the trip all the way down to the station,” he added.

Beautiful…

double red triangle arrows Continue reading “Professor Posts On Facebook: Being Sexually Assaulted By A State Trooper Is Hilarious!”

* It’s amazing that sports betting is not legal in New Jersey. What possible moral wackadoodle says that it’s okay to have something like the Jersey Shore (the place, not just the TV show), but you can’t take Michigan to out-shoot the Syracuse zone and then break Louisville’s legs. [Legal Blitz]

* Cloud tools for lawyers. Or as partners understand them: “Newfangled virtual file cabinets.” [Smart File Blog]

* Pro se prisoner wins! He probably wouldn’t have had he consulted a lawyer. [Simple Justice]

* Actually, congratulations to Christopher J. Paolella, who argued before the Court on behalf of Kim Millbrook — and scored a 9-0 victory. [Reich & Paolella]

* Apparently “we gotta fix that” is Obama-speak for “Let’s form a commission to study how Republicans are disenfranchising voters instead of actually stopping them.” [NPR via Election Law Blog]

* Goodbye and good luck to Bruce Carton of Legal Blog Watch. [Legal Blog Watch]

* I thought this was a law already on the books in Mississippi. [The Onion]

* Instead of Angie’s List ranking law schools, I’d like to see U.S. News ranking plumbers. Undoubtedly, they’d use size of exposed butt crack as a key factor. [TaxProf Blog]

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.

Just a few weeks ago, we had a story about how an awesome looking documentary about comic artists needed to hit up Kickstarter to raise more money solely to purchase licenses to some of the artwork & video clips in the film. Most of the copyright holders let them use the work for free, but a few were demanding payment — often thousands of dollars for a single image or short clip. As we’ve noted, documentary filmmakers are scared to death of relying on fair use, because they don’t want to get sued (and some insurance providers won’t give you insurance if you plan to rely on fair use).

And, now, there’s an even crazier example. Two huge fans of the cult favorite TV show, Arrested Development have made a documentary about the show, talking to a ton of people who created and acted in the show, as well as to a bunch of fans. Given that a new season (via Netflix) is quickly approaching, getting this documentary out would make sense. The film is finished according to the filmmakers. Done done done. So why are they asking Kickstarter for $20,053? Yup, you guessed it. Copyright licensing issues. And this time, it’s really crazy…

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Aaron Swartz

It was just days after Aaron Swartz’ death, and I was having a crisis of conscience about publishing in a journal that was not open access…. The best Taylor & Francis could come up with was a less restrictive license that would cost authors nearly $3000 per article. The Board agreed that this alternative was simply not tenable, so we collectively resigned. In a sense, the decision was as much a practical one as a political one.

Chris Bourg, formerly an editor at the Journal of Library Administration describing the motivation behind the resignation of the Editor-in-Chief and the entire editorial board. It’s the latest fallout from the suicide of Aaron Swartz after the government threatened him with 35 years in prison for challenging the exclusive rights of publishing giants like Taylor & Francis.

A while back, we wrote an article about Cody Wilson, the University of Texas law student on a quest to use the new technology of 3D printing to design assault weapons that can be constructed in the comfort of your own home, evading normal regulations.

Wilson has made major inroads since that article, as revealed in a short new documentary featuring his design project, his interaction with federal authorities, and a demonstration of his homemade, printed AR-15…

double red triangle arrows Continue reading “3D Printers Don’t Kill People, Guns Made With 3D Printers Kill People.”

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.

Eric Wisti alerts us a case we hadn’t heard about before. You may recall a few years back how the Bed Intruder song became a huge hit, after the Autotune the News guys took an offbeat TV interview and turned it into a song. They, famously, provided some of the proceeds from that song to the interviewee, Antoine Dodson. Apparently, last year, a radio show called the Bob Rivers show sought to do something similar with an interview with a woman in Oklahoma, who goes by the name Sweet Brown (real name: Kimberly Wilkins), about a fire in her apartment complex. Here’s the original interview…

double red triangle arrows Continue reading “Sweet Brown Has Her Voice Autotuned, Sues ‘iTunes’ And Others For $15 Million”

Andrew “weev” Auernheimer

A famed hacker, Andrew “weev” Auernheimer, was sentenced to 41 months in prison yesterday. A jury convicted Auernheimer of conspiracy and identity theft back in November stemming from his role in a scheme to snag the personal email addresses of over 114,000 iPad users, including Mayor Michael Bloomberg, Diane Sawyer, and Mayor Rahm Emmanuel.

Auernheimer argued that he acted as an uninvited “gray hat” hacker, grabbing the email addresses of customers for the sole purpose of exposing the flaws in AT&T’s security.

The sentence, at the upper end of the Guidelines range, is a far cry from the non-custodial slap on the wrist Auernheimer’s attorneys sought. There are two broad categories of response to the sentence. First, that Auernheimer is a completely terrible human being, but that his being a dick does not justify the harsh sentence. Second, that Auernheimer did not commit a real crime because he never intended to steal anyone’s identity and the Computer Fraud and Abuse Act is a bad law.

To these arguments, I reply “yes it does,” and “who cares?”

double red triangle arrows Continue reading “Internet Hacker Sentenced to Prison Garners Ill-Conceived Support”

* A former general counsel has settled a case with the SEC alleging a slew of backdated options. It was suspicious when all the options were backdated to October 30, 1929. [ABA Journal; The Recorder]

* “If Microsoft Shuts Down Google Maps In Germany, How Does That Benefit The Public?” Um, it makes it harder for them to find Poland! Duh. [TechDirt]

* Senator Ted Cruz is having a rough go of it in the Senate. He’s already been publicly ripped by fellow Republicans John McCain and Lindsey Graham. Then he raised the ire of Senator Diane Feinstein, who has exactly zero patience for his crap. [Jezebel]

* Based on the description, HLN is licking its chops. [Craigslist]

* Supreme Court bobbleheads! I’m particularly impressed by Justice Brandeis riding the railroad. [Justices For Sale]

* To get yourself wound up for March Madness, here’s a fictional lawyer bracket from Constitutional Daily. Jack McCoy didn’t even make the field so this won’t be a repeat of the Above the Law winner. [Constitutional Daily]

* Lifting the amazing disappearing cloak over merit scholarships. [TaxProf Blog via National Jurist]

* Lawyer cited as the good guy in a punchline. Hurray! [OMFG Meme]

* Video after the jump of Lindsay Lohan showing up late for court, and getting a surprise gift from the crowd…

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Last week, I went to the preliminary hearing for Chris Bucchere, a software developer charged with felony vehicular manslaughter. On a workday morning in March 2012, Bucchere struck and killed a 71-year-old pedestrian, Sutchi Hui, in a busy, crowded intersection. Bucchere’s case has gotten a lot of attention in San Francisco, both because this is a case of manslaughter by bike rather than by car, and because Bucchere garnered criticism for writing about the incident on an online biking forum afterward, particularly because he ended the post by lamenting the “heroic” death of his helmet.

As in many urban environments, there is strife between the different classes of commuters in his city. Bucchere epitomized for many the reckless biker who takes liberties with the laws of the road — annoying drivers — and does not take seriously the damage that can be done on two wheels to those on two legs — annoying pedestrians, and in this case, mortally injuring one. The case interested me because press reports indicated that data from Bucchere’s Strava account — an app that bikers can use to track their rides — had been used to show how fast he had been going and to prove he had ignored stop signs.

District Attorney George Gascón told me the Strava data was part of the reason the city had decided to bring such severe charges against Bucchere. “It implies he was trying to compete with himself,” Gascón said. Bucchere’s online comments also played a role. “His helmet was more important than a human being.”

The Strava data did not wind up being instrumental in the hearing at all, though; instead 30 seconds of surveillance video took center stage.

Continue reading at Forbes.com….

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