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July 29, 2005
The Cisco Security Mess
* Lynn Presentation from Vegas [pdf]
* Bruce Schneier on Cisco
* Cisco settles dispute with flaw researcher
* WSJ.com: Cisco Tries to Squelch Claim About a Flaw In Its Internet Routers
Posted by Kevin Heller
July 25, 2005
Blawg Review #16
is posted at Objective Justice.
Posted by Kevin Heller
more on workplace related blogging
A. The safest way to approach blogging about work may be not to do it at all, said Nancy Flynn, executive director of the ePolicy Institute, a training and consulting firm in Columbus, Ohio.
excerpted from Write All About It (at Your Own Risk)
Posted by Kevin Heller
July 22, 2005
Violating CC License
http://www.blogkeyz.com/attorney is in violation of my CC license which requires non-commercial reproduction and attribution.
Please comment as to whether I should serve a cease and desist letter on namesearch.com d/b/a whoisguard.com who is harboring the copyright infringer.
Thanks to Nipper for pointing this out.
Posted by Kevin Heller
Open Your Bags New York
Posted by Kevin Heller
July 18, 2005
Getting Grokster
I attended the Glasser LegalWorks "Copyright after MGM v. Grokster" today and as usual took extremely sporadic notes. Overall, the program ran very smoothly and had an interesting lineup. Would definitely have been more interesting though if they had someone with more of an EFF-mentality.
The first panel was on the scotus decision.
I had trouble hearing Steven Fabrizio, but I'm positive that he equated downloading with theft: filesharing is like taking apples from your neighbor and calling it gardening.
Steven, that analogy is wrong; a better analogy is: filesharing is like taking one of grandma's pies from her window because you know she'll replace it with another.
Carey Ramos, who quite clearly shills for the cartel, just kept repeating his mantra of - licenses, licenses, licenses - and then blathered on about how Grokster is pro-consumer. I believe he meant pro-consumption as it requires persons to actually purchase rather than freely download copyrighted works.
Miriam Claire Beezy had some really good advice for how companies could avoid Grokster (which I won't republish here -- you need to pay legal counsel for that) and which really bothered Fabrizio (ed. Ha-Ha).
Bill Coats discussed the patent aspects of Betamax and Grokster.
Something I enjoyed hearing was that the Content Industries only bring lawsuits they believe they can win and that litigation is a last recourse. Right after that they indicated that only 10,000 consumers have been sued so far for uploading. Thank goodness. Could you imagine how many it would be if they didn't show restraint.
I started to nod off during Richard Raysman's Investor Liability presentation even thought he discussed Perfect 10. Anyway, I took a coffee break to chat with some ex-bloggers, David and John, and then we broke for lunch.
Stay tuned for the after lunch presentations which include Marybeth Peters, William Patry and Peter Parcher.
related: Cathy Kirkman blogged the July 11 event.
Posted by Kevin Heller | Comments (0)
Grokking Grokster
Staying Out of Court and in Business in the Wake of the Supreme Court's Decision by Denise Howell
Posted by Kevin Heller
Blawg Review #15
is up at George's Employment Blawg. Reward his effort by stopping by and commenting on one of the posts you may not have otherwise seen.
Posted by Kevin Heller
Blogging about Blogging
Andrew Raff: "Blogging is so many different things to different people and includes many different ways of using blogs that it is difficult to peg down any single rule or lesson."
Posted by Kevin Heller
July 14, 2005
The Legacy of Sandra D.
Cardozo law professor and former clerk to Justice Sandra Day O'Connor Marci Hamilton discusses the Justice's legacy, now that she is retiring. Hamilton discusses both O'Connor's position on the Court -- as the first woman justice, and a frequent "swing vote" -- and her distinctive contribution to its jurisprudence, particularly in the areas of constitutional federalism, and the Establishment Clause. [via Findlaw]
Posted by Kevin Heller
July 13, 2005
Wayback
Do you think I can get those posts deleted about where I used the Internet Archive to provide evidence of infringement?
in case you haven't already seen it: The Way Back Machine and Robots.txt
From Lauren Weinstein vi IP:
To block the Internet Archive's "Wayback Machine" archive spider from scanning your site, which will also block public access to any material from your site that has *already* been collected by their system, basically all that you need to do is put:
User-agent: ia_archiver
Disallow: /in the appropriate "robots.txt" file(s) for those sites.
Posted by Kevin Heller
NYPD not up on EFF Legal FAQ
P.O. Polstein seems to be a protected blogger (whistle-blogging) under the Employment Law FAQ.
Posted by Kevin Heller
July 12, 2005
You know what's wrong with most blawgs?
They're not personal enough -- I get bored reading about the same cases every day. Be daring and throw in something personal. Stephen Nipper has excellent posts about patent law -- but know which one is my favorite -- these pictures from his hike.
Look at the Belly Up post from 5 mintutes ago. Three of those posts concerned chatty pesronal items.
Posted by Kevin Heller | Comments (1) | TrackBack
Belly Up: 5 Posts
5 posts I enjoyed from last week in no particular order:
Why? Why? Why? Why? Why? by rethink(ip)
Wife Humor By Brad Parker
Sandra Day O'Connor By William Patry
Click Fraud Lawsuit--Click Defense v. Google by Eric Goldman
The Apprentice (plus comments) by Jeremy Richey
Posted by Kevin Heller
July 11, 2005
This post is illegal in Germany
Not this one, but this one.
Update -- and in Australia. [via BNA] Much more on the Australia case can be found at Legislating IP.
Posted by Kevin Heller
Two Blogs with the Same Name
I commented on Micropersuasion that I thought Hot Property (1) should c&d Business Week asap; I know Leo Stoller would.
Meanwhile Marty asks the question "Can Similar Blogs Names Co-exist? Should Blogs Obtain Trademark Protection?"
Posted by Kevin Heller
Legislating IP
(formerly the Induce Act Blog)
I'm happy to announce that Legislating IP has added another editor, Tim Marman of the excellent Loosely Coupled (and Blawgerbowl.com).
Tim already has a must read post on Innovation in the Post-Grokster Era.
Legislating IP attempts to consolidate available information concerning copyright, trademark and patent legislation.
Posted by Kevin Heller
On the Protection of Clothing Designs
More highlighting of posts from around the blogosphere.
The Patry Copyright Blog: "In the last ten days, two important circuit opinions on point were issued. In Galiano, the Fifth Circuit affirmed a trial court which had ruled the clothing designs in question were not protectible. In Chosun, the Second Circuit vacated a trial court's FRCP 12(b)(6) ruling that the costume designs weren't protectible."
Another important reason to highlight this post is because Professor Patry has beaten me to the punch by recommending that you read "Legislating IP, containing useful, current information on legislative hearings and initiatives."
That's the new name myself and Andrew Raff came up with for the Induce Act Blog.
Fifth Circuit: Galiano v. Harrah's Operating Co.
Second Circuit: Chosun Int'l, Inc. v. Chrisha Creations, Ltd.
Posted by Kevin Heller
On Antispoofing Technologies in P2P
Freedom to Tinker: "Perhaps Sherman is asserting that anti-spoofing technologies lack substantial noninfringing uses, and so do not qualify for the Sony Betamax safe harbor. This is wrong in general...."
Posted by Kevin Heller
Why You Don't Rank on Search Engines
Because it's not about linking, it's about connecting. Don't hate blogs as a marketing tool becuase your page rank is 5 or you only have 3 subscribers. That's not what a blog is about; and whoever is trying to sell it to you on that basis is wrong.
Fundamentally, blogs are about connecting with others, not shilling your legal services ... and the more that marketers get involved the more blogs will become further misunderstood.
Update - Kevin O'Keefe weighs in: "For lawyer blogs, the best way to get links is not to ask for links but to write about and cite other's blogs in your own legal blog. Do that and you'll find other relevant law sites linking to your lawyer blog in spades."
Posted by Kevin Heller | Comments (0) | TrackBack
New Jersey Safe Haven Infant Protection Act
PSA: The Act provides anonymity and immunity from prosecution for abandonment to a parent who voluntarily leaves, or arranges for another person to leave, his or her child at a police station or a hospital emergency room. To qualify under the Act, the child must be or appear to be no more than 30 days old. The purpose of the Act is to encourage a parent who might otherwise have abandoned an infant in a life-threatening situation to leave the infant safely at a police station or hospital, thereby saving the life of the infant.
Posted by Kevin Heller
July 10, 2005
Between Lawyers: iPods & C1al1s
Aren't you glad you aren't one of the other two subscribers to the Recent Comments feed on Between Lawyers:
It's almost as bad as if you subscribed to my trackback pings.
Posted by Kevin Heller
July 09, 2005
Media Coverage for Citizen Journalists
Newspapers operating citizen-journalism sites will need to add a rider to their existing libel insurance policy, according to []. A typical [media] policy will not cover citizen submissions or even a "blog network [like Law.com affiliates]," he says.
Excerpted from To Edit or Not to Edit? by Steve Outing
Posted by Kevin Heller
there's no outgrowing second grade
"That's for me to know and you to find out." WILLIAM H. REHNQUIST, chief justice of the United States, to reporters, on rumors that he would retire.
Posted by Kevin Heller | Comments (0)
Blogger Faq on Labor Law
It basically says don't blog if you're an at will employee who works for a company that doesn't tolerate workplace blogging because they'll fire you even if you only blog from home.
It actually says a bit more than that, but your taking your chances with termination ... please, by all means, read it yourself: EFF's Blogger FAQ on Labor Law.
Posted by Kevin Heller
July 08, 2005
Willful Copyright Infringement
William Patry: Since June 28th, the Second Circuit has handed down two opinions on willful copyright infringement....
GMA Accessories, Inc. v. Oliva Miller, Inc., 2005 U.S. App. LEXIS 13368 (2d Cir. July 5, 2005).
Posted by Kevin Heller
July 07, 2005
Man Charged With Stealing Wi-Fi Signal
via Nipper: "Police have arrested a man for using someone else's wireless Internet network in one of the first criminal cases involving this fairly common practice." [cnet]
previous posts: Wireless Sharing an Illegal Act? and Warchalking, a terrorist tool?
Posted by Kevin Heller
Current copyright literature
The Current copyright literature website is a resource for keeping informed of current articles related to U.S. copyright law. This service is edited by Tobe Liebert, the Assistant Director for Collection Development & Special Projects at the Tarlton Law Library.
Posted by Kevin Heller
Realtors and Sex Offenders
A New Jersey realtor recently told me that "a homebuyer cannot utilize the sex offender registry during the homebuying process". Can anyone confirm what the law is with regard to the purchase of real estate and the sex offender registry.
Posted by Kevin Heller | Comments (3)
July 06, 2005
Looking for Legal Jobs
Legal Jobs Blog featured in WSJ careerjournal article on legal job sites.
The Legal Jobs Blog features job ads, related articles and links to the U.S. legal job market. The purpose of the legal jobs blog is to provide networking opportunities for blawgers and blawg readers. You can also submit ads and/or openings directly.
You can subscribe to the Jobs RSS feed here.
PREVIOUSLY
* Purpose of the Legal Jobs Blog?
* How Legal Jobs Blog Benefits You
* Podcast here: [wav] [m4a]
Posted by Kevin Heller | TrackBack
Richard Posner on Grokster
Posner on Grokster, File Sharing, and Contributory Infringement
There is a possible middle way that should be considered, and that is to provide a safe harbor to potential contributory infringers who take all reasonable (cost-justified) measures to prevent the use of their product or service by infringers.Also, Professor Pam Samuelson weighs in on Grokster.
Posted by Kevin Heller | TrackBack
Where can I get more information on workplace blogging?
CNet has published an FAQ about blogging on the job. Workplace Fairness provides a detailed overview of your rights under labor law, as does the Legal Aid Society-Employment Law Center. For the corporate audience, the law firm Howard Rice published a newsletter article, Corporate Blogging - Seize the Opportunity, But Control the Risks.from EFF's Bloggers' FAQ: Labor Law
Posted by Kevin Heller | TrackBack
July 04, 2005
Blawg Review #13 - July 4th Edition
"Your humble Editor therefor thought, "What better way to celebrate Independence Day than with a special issue of Blawg Review hosted by Thomas Jefferson, himself ... Channelling the father of the Declaration of Independence for us on this occasion is one Phoebus Apollo, at Thomas Jefferson's LiveJournal, an imaginative project that can be read chronologically or as a blog." [source]
An excellent job. Plase click through to read all of Blawg Review #13, a special issue for Independence Day.
Posted by Kevin Heller | TrackBack
July 03, 2005
Podcasting Survey
Do you care about podcasting?
Do you care about the law?
Then go to Blawgcast.com right now and read up.
This post was not paid for by or brought to you by by Blawgcast.com(tm) - covering the world of legal podcasts and videocasts.
Posted by Kevin Heller | TrackBack
