The war on internet piracy currently being waged by entertainment industry lobbyists the U.S. Justice Department seriously puts me in an ideological bind. On one hand, I am a creative person. I understand the need for content creators to be compensated for their work. Whether that means movie producers, musicians, or journalists, the internet has deeply screwed with the compensation structure for “artists.”
On the other hand, that should not be the internet’s problem. The entertainment industry needs to figure out a way to update its outdated business model. Going after every 23-year-old with a few personal servers and high-speed internet is never going to fix the piracy problem.
But that would take a lot of actual work and planning and compromise. In the meantime, it’s business as usual. And that means extraditing a 23-year-old software engineering student from the U.K. who ran the website TVShack, a site which linked to streaming video files.
The kid has never been to the U.S. He did not even break any British laws, but OMG piracy, and woe to all who get caught anywhere near the crosshairs of the American entertainment industry….
* It’s time for the Supreme Court to sound off on the battle over women’s wombs, and you know it’s bad when even a sitting justice calls it “a mess.” Can a child conceived after a parent’s death receive survivor benefits? [CNN]
* Disgusting health warning pictures on cigarette packaging and advertising: now constitutional according to the Sixth Circuit. Maybe this will inspire people to quit a habit that’s almost equally as disgusting. [Thomson Reuters News & Insight]
* When Biglaw is involved, so is big money. Say “aloha” to the largest personal injury settlement in Hawaii’s history. The state will pay $15.4M over the hiking death of Gibson Dunn partner Elizabeth Brem. [Am Law Daily]
* A lawsuit filed against fashionista Alexander Wang over his alleged “sweatshop” has been discontinued, and not because there isn’t a case, but because the lawyers on either side have major beef. [New York Magazine]
* The Better Business Bureau has moved to dismiss a Florida law firm’s suit over its “F” grade. Because sometimes the truth hurts, but that doesn’t mean you can sue over it if you don’t like it. [Orlando Sentinel]
* The biggest bimbo from Wisteria Lane gets screwed again, but this time in court. A mistrial has been declared in Nicollette Sheridan’s lawsuit against the producers of “Desperate Housewives.” [Reuters]
Here at Above the Law, we sometimes feel like meteorologists, if only because we often cover the legal world’s sh*t storms. Speaking of which, this morning we saw an interesting lawsuit pattern coming through on the Doppler radar all the way from California. It looks like we could be facing some gale force bitchiness, because Gloria Allred is at the eye of the storm.
It seems that her latest client, a weatherman, has been prevented from predicting precipitation and making it rain. He believes that a record heatwave over his competitions’ Grand Tetons is the cause of his unemployment. In simpler terms, Allred’s client is suing because he is not an “attractive young female”….
Like many other Bachelor fans, I devoted approximately 14 hours last night to finding out who Bachelor Ben chose as his future wife. After much soul-searching and a pensive walk through Switzerland, Ben picked Courtney, the model who everyone hated. Indeed, if the boos and glares directed at Courtney during “After The Final Rose” are any indication, America (and maybe Ben) has decided Courtney is a bad fit. Not to mention, all the other Bachelor losers were very open about their hatred for Courtney.
Ben’s path to “true love” is a lesson not just for pathetic women (see, Lindzi, the orange contestant, who missed all the obvious hints that he was not interested and still blabbered on and on about how she found true love before he ditched her), but also for small-firm hiring partners. Here are the top five takeaways….
Have you ever watched America’s Next Top Model? We have (but only because of the lawyerly competitors). In recent years, the show has featured a number of plus-size women, with one of them winning the competition in 2008. Many critics have referred to these women as “fat,” wondering if these curvy girls could really stand a chance in the modeling world. But they weren’t actually fat, or even plus-size — realistically speaking, they were quite average. They just didn’t fit the so-called modeling mold.
So what happens when your run-of-the-mill model, a woman who has been called “very skinny, almost anorexically skinny,” is deemed too fat to model by her own agency? This is apparently what happened to the winner of Holland’s Next Top Model, who decided to sue over it.
Who is this skinny-fat model, and what does she look like? More importantly, how did she fare in court? Read on for all of this and more, including some slightly-NSFW pictures (not nude, but racy)….
I met Andrew Breitbart three weeks ago. We both were on a Huckabee Show panel that subsequently got bumped when news of Whitney Houston’s death broke. I’m not terribly sorry, it wasn’t one of my best. But the chemistry between us was pretty good, off-camera at least. After the show I texted him and he said we should try to set up a debate again.
Now he’s dead, and it’s all pretty shocking to me because four weeks ago, Andrew Breitbart would have been in the running for people I would be least concerned about if they happened to die. And it’s not like I had any kind of political conversion, and I don’t have a particular soft spot for saying nice things about dead people just because they died.
So why in the hell am I about to say something nice-ish about Andrew Breitbart?
I have successfully avoided jury duty since I moved back to New York in 2003, but this week they finally caught up with me. This week, I’ve had to perform my civic responsibility of sitting in judgment of my peers (like I don’t do that enough already).
Sorry, I had to “be available” to sit in judgement of my peers. Nobody is ever going to pick me for a jury. I blog about law for a living, hold two Harvard degrees, and have a checkered past. I’m not getting impaneled. Instead, I was just looking forward to the rare business day when I didn’t have to invent an opinion or listen to “the internet” pontificate on my weight.
Then the lady who seemed to be in charge of the proceedings told me that I was looking forward to three days of that. I went to protest, but Nurse Ratched told me to sit down and wait for my lobotomy. So i started paying attention to my surroundings — because blogging is how I cope with the slings and arrows of outrageous people asking me to behave like a normal person.
I’ll deal more directly with Nurse Ratched at another time. Today I got an up-close look at the voir dire process in a criminal trial. While I was not picked, I feel like my McMurphy-esque fingerprints will be all over the case.
Let’s take a look inside our clearly broken jury system…
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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