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<title>Techdirt. Stories filed under &quot;lawyers&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;lawyers&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 6 Mar 2013 10:10:00 PST</pubDate>
<title>The Insanity Of Making A 'Wizard Of Oz' Film In Today's IP Climate</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130304/18411522197/insanity-making-wizard-oz-film-todays-ip-climate.shtml</link>
<guid>http://www.techdirt.com/articles/20130304/18411522197/insanity-making-wizard-oz-film-todays-ip-climate.shtml</guid>
<description><![CDATA[ <p>
It's always tough to root for the underdog when neither of the involved parties deserves that title. So, rather than pick one, we'll just discuss the overweening ridiculousness of copyright law. It's a subject that never goes out of style, thanks to our legislators' willingness to continually extend copyright protection terms.
<br /><br />
As was covered much earlier in the year, Disney is producing its own "Wizard of Oz" movie, titled "Oz the Great and Powerful." While Frank L. Baum's books are definitely in the public domain, filmed depictions of Baum's characters are mainly the property of Warner Bros. WB attempted to head off this incursion into its domain by <a href="http://www.techdirt.com/articles/20120214/03392717756/disney-warner-bros-prepare-to-fight-over-who-owns-public-domain-wizard-oz.shtml" target="_blank">filing a trademark application</a> on "The Great and Powerful Oz," but it was a week too late and is now (presumably) several billion dollars short (H'Wood mathematics, yo).
<br /><br />
Having failed to block Disney's entry into the Oz arena, Warner has now busied itself with watching each development for any slip-up that could land it a tasty settlement -- or an injunction. To that end, Disney has placed its own legal team on the set to ensure that none of the characters or elements in the Disney film bear too much resemblance to Warner's property. The sheer amount of highly detailed micromanagement needed to avoid the rights holder's litigious wrath borders on OCD-hellish insanity.
<blockquote>
<i>Striving for a visage different from the one Margaret Hamilton made famous, Howard Berger, an Oscar-winning makeup artist, &ldquo;was finally able to come up with a shade of green which satisfied Disney&rsquo;s legal team,&rdquo; SlashFilm.com reported after a visit to the set. According to Disney&rsquo;s production notes Mr. Berger named his custom color Theostein &mdash; a conflation of the witch&rsquo;s name before she turns wicked, and Frankenstein.</i></blockquote>
When something as minimal as a move left or right on the Pantone chart could potentially trigger some legal action, you know you've reached some sort of watershed mark in IP protection. It's highly doubtful our founding fathers had a "shade of green that satisfies a legal team" in mind when they set about trying to "promote the progress of science and the useful arts."
<br /><br />
Nor were they particularly concerned with innovative hairdos.
<blockquote>
<i>About 40 dwarfs were cast in &ldquo;Oz the Great and Powerful&rdquo; as Munchkins... They still have weird hair, but Disney lawyers nixed at least one style as too similar to one from the original movie. It was tweaked in postproduction using computers.</i></blockquote>
True, there are many things the founding fathers couldn't <i>possibly</i> have considered over two hundred years ago, but what's going on here is resembles nothing more than gerrymandering Baum's legacy in order to avoid a costly turf war -- over something that should be in the public domain.
<br /><br />
It's a rare day when you find yourself commiserating with one of the biggest IP thugs of all -- Disney. Baum's original work is now a minefield, and anyone hoping to utilize this public domain title now has to contend with a powerful legal team protecting a 74-year-old film. But, I suppose, if you're going to choose someone to walk across an IP minefield, it might as well be Disney. It makes perfect karmic sense.
<br /><br />
</p><br /><br /><a href="http://www.techdirt.com/articles/20130304/18411522197/insanity-making-wizard-oz-film-todays-ip-climate.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130304/18411522197/insanity-making-wizard-oz-film-todays-ip-climate.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130304/18411522197/insanity-making-wizard-oz-film-todays-ip-climate.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>goodbye,-yellow-brick-road</slash:department>
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<item>
<pubDate>Thu, 21 Feb 2013 19:58:00 PST</pubDate>
<title>Satan Finally Reveals Himself As A Legal Employer</title>
<dc:creator>Above The Law</dc:creator>
<link>http://www.techdirt.com/articles/20130221/02405022049/satan-finally-reveals-himself-as-legal-employer.shtml</link>
<guid>http://www.techdirt.com/articles/20130221/02405022049/satan-finally-reveals-himself-as-legal-employer.shtml</guid>
<description><![CDATA[ <div style="text-align:center;padding:8px;margin:0 0 7px 15px;border:2px solid #bbb;float:right;line-height:1.2;">
<i style="font-weight:bold;color:#666;font-size:90%;">Cross-posted from</i><br />
<a href="http://abovethelaw.com/2013/02/satan-finally-reveals-himself-as-a-legal-employer/" target="_blank"><img src="http://i.imgur.com/RvpZD0T.jpg" width="110" title="Above The Law" style="margin:6px 0 0 0;" /></a></div>

I think that every lawyer feels that they have been employed by Satan at one time or another. It&#8217;s just like how criminals end up working for <a href="http://www.youtube.com/watch?v=BgkBpWc8ngI">Keyser Soze</a> without knowing it. Whether he&#8217;s running your firm from a corner office, or he&#8217;s a client you end up representing, most lawyers end up working for the devil at one time or another. 
<p>Usually, Satanic jobs and assignments try to appear normal. But that job market is really tight. Evidently, it&#8217;s such a buyer&#8217;s market that Satan doesn&#8217;t feel like he has to hide his true nature anymore. He&#8217;s now openly advertising to hire some new associates on Craigslist&#8230;.</p>
<p><span id="more-225692"></span></p>
<p>To some, it might appear surprising that the devil needs help securing water rights in flood-soaked Nashville. But as I see it, Nashville is pretty much a hellhole, and Satan is much more likely to need water than, say, fire. From <a href="http://nashville.craigslist.org/lgl/3627294777.html">Craiglist</a>: </p>
<blockquote><em><p>My principal place of business has experienced unusually aggressive expansion as of late and this has resulted in a number of significant legal problems. Consequently, my current legal staff is unable to complete all the electronic discovery necessary for an upcoming class action riparian rights lawsuit&#8230; </p>
<p>As you may know, my business has been around for centuries and I work very diligently to ensure that as FEW new attorneys as possible are able to get their feet in the doors in this city or any other city for that matter. However, given these unique circumstances, I am willing to make an exception or two.</p>
<p>Kind regards,</p>
<p>Satan</p></em></blockquote>
<p>There's a screen shot of the full ad below. </p>
<p>Alas, the devil is in the details: </p>
<blockquote><p><em>Compensation: Your soul and your student loans (also, jellybeans).</em></p></blockquote>
<p>They say that the devil&#8217;s greatest trick was to convince the world he didn&#8217;t exist. But I think it&#8217;s more impressive that the devil is able to get so many people to do his bidding even when he tells them the truth. Let&#8217;s be honest, there are thousands of unemployed attorneys who would <em>gladly</em> sell their soul for a chance at a good job. There are people waiting in line to sell their souls. Better to reign in hell than serve in heaven? Unemployed lawyers will settle for serving in hell rather than waiting for heaven to grant them a job. </p>
<p>And since I have nothing else to add, let&#8217;s all watch Al Pacino physically blow Keanu Reeves off the screen in the scene that totally redeems this movie: </p>
<p><iframe width="480" height="360" src="http://www.youtube.com/embed/7DMDscGOUpg" frameborder="0" allowfullscreen=""></iframe> </p>
<p><em>&#8220;Lose? I DON&#8217;T LOSE, I win. I WIN. I&#8217;M A LAWYER, THAT&#8217;S MY JOB, THAT&#8217;S WHAT I DO.&#8221;</em> Trust me, every time I talk to a prospective law student, I hear a very confused Keanu doing a bad southern accent as I slowly explain to him what is obvious to everybody else. I&#8217;M A FAN OF MAN.
<center>
<a href="http://imgur.com/LHF884L"><img src="http://i.imgur.com/LHF884L.jpg" width=560 /></a>
</center>
<b>More stories from <a href="http://abovethelaw.com/" target="_blank">Above The Law</a>:</b>
<ul>
<li><a href="http://abovethelaw.com/2013/02/today-at-the-supreme-court-mistakes-were-made/" target="_blank">Today at the Supreme Court: Mistakes Were Made</a>
</li><li><a href="http://abovethelaw.com/2013/02/new-birthday-song-to-make-you-even-more-depressed-to-get-older/" target="_blank">New Birthday Song To Make You Even More Depressed To Get Older</a>
</li><li><a href="http://abovethelaw.com/2013/02/from-the-career-files-what-to-expect-if-youre-planning-on-applying-to-law-school/" target="_blank">From the Career Files: What to Expect If You&#8217;re Planning on Applying to Law School</a></li></ul></p><br /><br /><a href="http://www.techdirt.com/articles/20130221/02405022049/satan-finally-reveals-himself-as-legal-employer.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130221/02405022049/satan-finally-reveals-himself-as-legal-employer.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130221/02405022049/satan-finally-reveals-himself-as-legal-employer.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>thank-you-craigslist</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130221/02405022049</wfw:commentRss>
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<pubDate>Tue, 29 Jan 2013 03:27:13 PST</pubDate>
<title>It's Finally Over: 8 Years Of Mattel vs. Bratz And No One's Getting Paid But The Lawyers</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121019/17344420768/its-finally-over-8-years-mattel-vs-bratz-no-ones-getting-paid-lawyers.shtml</link>
<guid>http://www.techdirt.com/articles/20121019/17344420768/its-finally-over-8-years-mattel-vs-bratz-no-ones-getting-paid-lawyers.shtml</guid>
<description><![CDATA[ One of the more epic IP battles has come to an end. Mattel (Barbie) and MGA Entertainment (Bratz), have spent most of a decade in various courtrooms hashing out the ultra-serious question about which of these companies is entitled to the Bratz millions.<br />
<br />
Long story short, a former Mattel employee left the company and crafted one of the <a href="http://www.techdirt.com/articles/20081204/1819123025.shtml" target="_blank">first serious threats</a> to Barbie&#39;s dominance, the Bratz dolls. Mattel, of course, was none too happy because the designer was still employed by Mattel when he came up with the idea. Mattel felt it owned the idea and sued the designer in an effort to make that a reality. From that point on it went from bad to worse to farcical. At one point, the court ordered MGA to turn over <a href="http://www.techdirt.com/articles/20090527/0143345018.shtml" target="_blank">all future plans</a> for the Bratz line... which was <a href="http://www.techdirt.com/articles/20100722/18242810326.shtml" target="_blank">then reversed</a>... which was reversed by a lower court... <a href="http://www.techdirt.com/articles/20110104/00442312503/judge-now-says-that-mattel-doesnt-get-to-own-all-bratz.shtml" target="_blank">which was re-reversed</a> by the original court. This led to <a href="http://www.techdirt.com/articles/20110422/02095113999/mattels-attempt-to-claim-ownership-bratz-comes-back-to-bite-them-now-they-may-owe-885-million.shtml" target="_blank">counterclaims flying</a> from both directions and the last we had heard, Mattel, which had originally filed the suit, was being hit with a <a href="http://www.techdirt.com/articles/20110805/15010015410/mattels-lawsuit-to-claim-ownership-bratz-comes-back-to-bite-big-time-told-to-pay-309-million.shtml" target="_blank">judgment for $309 million in damages</a>, including MGA&#39;s court fees. Adding that together with Mattel&#39;s legal expenses, and this fight over dolls put Mattel on the hook for nearly $700 million.<br />
<br />
Now, it appears the fight is finally over. And, like many long legal battles, <a href="http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202585661691" target="_blank">the lawyers are the only ones coming out ahead</a>.
<blockquote>
<i>The long-running IP war between Mattel Inc. and MGA Entertainment Inc. over the Bratz line of dolls has ended &mdash; for now &mdash; with zero damages.</i><br />
<br />
<i>The U.S. Court of Appeals for the Ninth Circuit on Thursday <a href="http://cdn.ca9.uscourts.gov/datastore/opinions/2013/01/24/11-56357.pdf" target="_blank">laid waste to Bratz maker MGA&#39;s $170 million trade secret award</a> &mdash; an award procured on retrial after the appeals court <a href="http://scholar.google.com/scholar_case?case=11025248954066929583&#038;hl=en&#038;as_sdt=2&#038;as_vis=1&#038;oi=scholarr" target="_blank">wiped out Barbie maker Mattel&#39;s $100 million copyright verdict and constructive trust</a>.</i><br />
<br />
<i>But MGA gets the last laugh. The Ninth Circuit left untouched $137 million in attorney fees and costs awarded to MGA for defending against Mattel&#39;s copyright claims.</i></blockquote>
Yes, the old truism (that I made up right now) "The only true winner in our legal system is MGA&#39;s lawyers" is proven once again in this case specifically. MGA won&#39;t be collecting any damages but at least its legal team lives on to fight another day -- possibly tomorrow, from the sound of its sore winner statement:
<blockquote>
<i>CEO Isaac Larian promised to retry the company&#39;s trade secret claims to a new jury. "We are confident that when the second jury hears about Mattel&#39;s sneaking into our showrooms and egregious theft of scores of our secrets over the years, they will be even more appalled than the first jury and award MGA even greater damages," he said in the statement.</i></blockquote>
Mattel has fired back with about the only silver lining retort available after spending nearly 8 years in court: the <i>statute of limitations</i>. The court basically agrees with Mattel&#39;s half-defiant, half-white flag statement, ruling that MGA&#39;s counterclaim (the one that had originally awarded it $170 million in damages) was time-barred and by no means "compulsory."<br />
<br />
This hasn&#39;t stopped MGA from proudly declaring this "windfall" (which will all be going right back in its lawyers&#39; pockets) to be the "largest fee and cost award in a copyright infringement case in US history." True, it&#39;s better than coming out of the battle stuck with the legal bill, but this misplaced joie de vivre makes it seem as though MGA will be presenting the award to <a href="http://www.americanlawyer.com/firmProfile.jsp?name=Skadden%2C+Arps%2C+Slate%2C+Meagher+%26+Flom" target="_blank">Skadden, Arps, Slate, Meagher &#038; Flom</a> in the form of an oversized novelty check in front of gathered members of the sympathetic press and assorted minor local politicians.
<br /><br />
<center><div id="DV-viewer-562513-mattel-v-bratz" class="DV-container"></div>
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  <a href="http://s3.documentcloud.org/documents/562513/mattel-v-bratz.pdf">Mattel v Bratz (PDF)</a>
  <br />
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 ]]></description>
<slash:department>suddenly,-law-school-looks-like-a-good-idea-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121019/17344420768</wfw:commentRss>
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<pubDate>Fri, 25 Jan 2013 15:30:31 PST</pubDate>
<title>Should You Brag About Your Law School Grades On Facebook?</title>
<dc:creator>Elie Mystal / Above the Law</dc:creator>
<link>http://www.techdirt.com/articles/20130123/16415821771/should-you-brag-about-your-law-school-grades-facebook.shtml</link>
<guid>http://www.techdirt.com/articles/20130123/16415821771/should-you-brag-about-your-law-school-grades-facebook.shtml</guid>
<description><![CDATA[ <div style="text-align:center;padding:8px;margin:0 0 7px 15px;border:2px solid #bbb;float:right;line-height:1.2;">
<i style="font-weight:bold;color:#666;font-size:90%;">Cross-posted from</i><br />
<a href="http://abovethelaw.com/" target="_blank"><img src="http://i.imgur.com/RvpZD0T.jpg" width="110" title="Above The Law" style="margin:6px 0 0 0;" /></a>
</div>
<p>In a way, I&#8217;m surprised we don&#8217;t have more stories about people posting their grades on social media sites. The kids are already using Facebook and Twitter as a running diary of their lives, so you&#8217;d expect there to be more instances where people throw their law school transcripts up on the internet. </p>
<p>In fact, let me ask the question this way: why <em>wouldn&#8217;t</em> you post your grades on Facebook? They&#8217;re clearly important to you. If you did well, you can brag about them just as surely as one of your friends is bragging about the exploits of their kids or dogs. If you did poorly, you can seek the solace of friends who you don&#8217;t actually like well enough to have a beer with. Why <em>wouldn&#8217;t</em> you post them? </p>
<p>The obvious answers seem painfully old-timey. &#8220;It&#8217;s in poor taste to brag about your grades.&#8221; &#8220;Your transcript should be private.&#8221; &#8220;You got an &#8216;A&#8217;? Go f*** yourself.&#8221; These are the thoughts of a previous generation. For the Facebook generation&#8230; I mean, have you seen what people post? This is nothing. </p>
<p>A law student decided to post his solid grades on Facebook. I bet you can guess what school we&#8217;re talking about. Let&#8217;s just say that it&#8217;s a school that seems to admit students who like to draw attention to themselves when things are going well by subtly upturning their collars&#8230;.</p>
<p>Yeah, we&#8217;re talking about UVA Law because that&#8217;s where this kind of thing is most likely to happen. A law student there posted his recent grades on his Facebook page. Here was the initial post sent to us by a tipster: </p>
<p><center><a href="http://imgur.com/zR6hWgq"><img src="http://i.imgur.com/zR6hWgq.jpg" width=560 /></a></center></p>
<p>A few things jump out from this posting: </p>
<ul>
<li>Thank you for your service.</li>
<li>It&#8217;s not really &#8220;bragging&#8221; if you got Bs.</li>
<li>He&#8217;s only a first year.</li>
</ul>
<p>Look, if I saw this from one of my Facebook friends, I&#8217;d simply respond like this and move on:</p>
<p><center><a href="http://imgur.com/eYK5hdi"><img src="http://i.imgur.com/eYK5hdi.gif" width=560 /></a></center></p>
<p>But other people at UVA Law were annoyed by this perceived display of self-aggrandizement. That inspired our guy to make a follow up Facebook post: </p>
<p><center>
<a href="http://imgur.com/I7BsYaM"><img src="http://i.imgur.com/I7BsYaM.jpg" title="Hosted by imgur.com" alt="" /></a>
</center></p>
<p>&#8220;Deprive non-law school friend of updates about my life&#8221; is the new killing it. </p>
<p>Again, this wouldn&#8217;t be something I would do, but this is how people use social media. It&#8217;s UVA! I bet this isn&#8217;t even the most &#8220;look at how special I am&#8221; Facebook post by a UVA Law student since I started writing this story. I reached out to the guy (via Facebook) who posted his grades, but he has not yet responded. I assume he&#8217;s somewhere trying to figure out why so many people care that he posted his grades on Facebook while simultaneously firm in his belief that his 1L grades were an appropriate starting point for a public Facebook discussion. It&#8217;s the world we live in.  </p>
<p>In the battle between propriety and Facebook, Facebook wins. Facebook won. People better get used to seeing this kind of thing, at least from 1Ls who don&#8217;t yet know any better. </p>
<b>More stories from <a href="http://abovethelaw.com/" target="_blank">Above The Law</a>:</b>
<ul>
<li><a href="http://abovethelaw.com/2013/01/the-supreme-court-in-president-obamas-second-term/" target="_blank">The Supreme Court in President Obama&#8217;s Second Term</a>
</li><li><a href="http://abovethelaw.com/2013/01/career-alternatives-for-attorneys-lego-brick-artist/" target="_blank">Career Alternatives for Attorneys: Lego Brick Artist</a>
</li><li><a href="http://abovethelaw.com/2013/01/law-school-recalls-grades-because-apparently-they-were-too-low/" target="_blank">Law School &#8216;Recalls&#8217; Grades, Because Apparently They Were Too Low</a>
</li></ul><br /><br /><a href="http://www.techdirt.com/articles/20130123/16415821771/should-you-brag-about-your-law-school-grades-facebook.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130123/16415821771/should-you-brag-about-your-law-school-grades-facebook.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130123/16415821771/should-you-brag-about-your-law-school-grades-facebook.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>depends-on-your-goals</slash:department>
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<pubDate>Wed, 31 Oct 2012 03:21:43 PDT</pubDate>
<title>Marc Randazza Goes To War Against Revenge Porn Site Over Alleged 'Takedown Lawyer' Business Model</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121031/00071620891/marc-randazza-goes-to-war-against-revenge-porn-site-over-alleged-takedown-lawyer-business-model.shtml</link>
<guid>http://www.techdirt.com/articles/20121031/00071620891/marc-randazza-goes-to-war-against-revenge-porn-site-over-alleged-takedown-lawyer-business-model.shtml</guid>
<description><![CDATA[ Well, well.  Last year, there was a lot of attention paid to a so-called "revenge porn" site called "Is Anyone Up"?  The site reposted submitted nude photos, linked to the person in the photo's social networking accounts.  The "idea" (a horrific one) was that spurned people, who had naked photos of their ex's, could publicize them.  Not surprisingly, many people were completely horrified by the concept and the <a href="http://www.onthemedia.org/2011/dec/02/revenge-porns-latest-frontier/" target="_blank">media coverage</a> was not kind.  The site eventually went down, but others popped up to take their place.  Lawyer Marc Randazza has <a href="http://randazza.wordpress.com/2012/10/30/lets-fuck-up-david-blade-attorney-at-law-and-isanybodydown-com-whos-with-me/" target="_blank">decided to go to war with one of them</a>, which uses the very similar name "Is Anybody Down" (and, no, I'm not linking to it).  Randazza points out that he has no problem with porn or porn sites, but when the participants are not consenting (and not necessarily adults) he has serious problems. 
<br /><br />
However, his main issue with this other site is in what he believes to be its sneaky business model.  There is apparently an "advertisement" on the site for a "lawyer" named David Blade, who will help you get your photos off the site for $250.  Randazza argues that it's really the site's own business model:
<blockquote><i>
Here&#8217;s their business plan:
<br /><br />
Step one: Register the domain name &#8220;isanybodydown.com&#8221;
<br /><br />
Step two: Get ahold of nude photos of people who never consented to having their photos published.
<br /><br />
Step three:Publish them, along with their names, home towns, and links to their facebook profiles.
<br /><br />
So now how do you &#8220;profit?&#8221;
<br /><br />
Well, openly saying &#8220;I&#8217;ll take down the photo for $250,&#8221; would probably create some legal issues for you. So, instead, you create a fake lawyer persona and say &#8220;I am an internet lawyer, named David Blade, III, and I&#8217;ll get your pics down for $250.&#8221;
</i></blockquote>
The "ad" goes on at length about how successful "David Blade" is in removing images from the site, and how it's much cheaper than going to any other lawyer.  Blade has his own website, called <a href="http://takedownlawyer.com/" target="_blank">TakedownLawyer.com</a>.  Randazza has a few damning facts.  The registration info for both sites... are by the same person.  The "ad" by "Blade" insists that they're different people, with Blade claiming to merely be a college friend of the operator of the site -- and someone who disapproves of the site.  "Blade" claims that as he's tried to convince the operator of the site to take it down, their "compromise" is that the site owner has allowed him to place that "ad" that just so happens to help "Blade" make money any time someone wants their images down from the site.  The other bit of damning evidence?  There is no record of a David Blade as a registered NY attorney (where he claims to operate).  Oops.
<br /><br />
In an <a href="http://randazza.files.wordpress.com/2012/10/correspondence-with-22david-blade22.pdf" target="_blank">email discussion</a> (pdf) with "Blade," he insists that he really is a lawyer, but that Blade isn't his real name.  That, too, is a big issue, since lawyer advertising is pretty heavily regulated, and one of the common requirements is having your real name and contact info.  Randazza points to the NY law to that effect, and "Blade" (still using that name despite admitting it's not real), insists there's no violation since he's not engaging in "case law, civil law or trial law," but merely doing "mitigated/mediated takedowns, which are not considered to be a legal service."
<br /><br />
Of course, soon after this exchange, the website for "Takedown Lawyer" announced: "Due to ethical concerns our business and the website will now be called 'Takedown Hammer'."  Uh huh.
<center>
<a href="http://imgur.com/697cv"><img src="http://i.imgur.com/697cv.png" width=450 /></a>
</center>
Meanwhile, the operator of the "Is Anybody Down" site <a href="http://randazza.wordpress.com/2012/10/30/isanybodydown-com-responds/" target="_blank">sent Randazza a profanity laden email</a> asking "why the fuck are you messing with me and Dave?"  And it gets worse from there, resorting to ethnic slurs and much, much more.  Of course, one could read that email to suggest that the site and "Dave" are, in fact, partners.
<br /><br />
There are other little tidbits in this mess, including the fact that the Is Anybody Down site has a blog post asking for investors:
<blockquote><i>
<p>A. Investors, Funding, Etc. </p>
<p>We need more funding (i.e. seed money and/or potential Stage 1 funding) in order to upgrade our server and make T-shirts. Please click the &#8220;submit&#8221; button to contact an admin if you wish to invest, donate, etc. We are looking for investors, venture capitalists, angel groups, etc. </p>
<p>The seed money will be used for equipment/hardware (computers and server costs), software to be used in the production of the website and the manufacturing of T-shirts which will be sold for value.</p>
<p>Our goal is to raise $50,000+ in seed money to help expand this website, followed by a round one investment prior to an IPO which will return upwards of 600%</p>
</i></blockquote>
There are, of course, a whole bunch of other legal issues brought up by the site, but the statement above?  Yeah, that's a pretty blatant violation of securities law.  Publicly advertising for investors is already a no-no, but then also promising an IPO (I'm trying not to laugh) and a return of "upwards of 600%" go way beyond what you're allowed to say.
<br /><br />
Oh yeah, and "Blade" eventually claims that he's going to hit back at Randazza for "extortion," which is interesting since Randazza didn't ask Blade to give him any money (though he does ask him to return the money from those who have paid up to remove their images).
<br /><br />
All in all, this certainly feels like yet another one of these "only on the internet" stories where it may be time to get out the popcorn and wait to see what happens next.<br /><br /><a href="http://www.techdirt.com/articles/20121031/00071620891/marc-randazza-goes-to-war-against-revenge-porn-site-over-alleged-takedown-lawyer-business-model.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121031/00071620891/marc-randazza-goes-to-war-against-revenge-porn-site-over-alleged-takedown-lawyer-business-model.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121031/00071620891/marc-randazza-goes-to-war-against-revenge-porn-site-over-alleged-takedown-lawyer-business-model.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>got-it-all?</slash:department>
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<item>
<pubDate>Wed, 12 Sep 2012 16:28:56 PDT</pubDate>
<title>Judge Disqualified From Case Because He's 'Facebook Friends' With The Prosecutor</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120911/18133920350/judge-disqualified-case-because-hes-facebook-friends-with-prosecutor.shtml</link>
<guid>http://www.techdirt.com/articles/20120911/18133920350/judge-disqualified-case-because-hes-facebook-friends-with-prosecutor.shtml</guid>
<description><![CDATA[ A few years back, we noted an ethics opinion in Florida that stated that judges <a href="http://www.techdirt.com/articles/20091210/2117597304.shtml">cannot</a> be Facebook friends with lawyers who may appear before them in court.  As we noted at the time, this seemed to go pretty far, as Facebook friends didn't mean "personal" friends, and there are lots of people who use Facebook just to connect with anyone they know.  Furthermore, there are plenty of reasons why judges and lawyers might know each other through other paths as well.  Either way, because of that opinion, a judge in Florida <a href="http://blog.ericgoldman.org/archives/2012/09/florida_judges.htm" target="_blank">has been disqualified from a case</a> for being Facebook friends with the prosecutor.  The other party in the case sought to disqualify the judge claiming that on <i>his</i> Facebook, his "friends" were "only [his] closest friends and associates, persons whom [he] could not perceive with anything but favor, loyalty
and partiality."
<br /><br />
Oddly, as Venkat Balasubramani notes in the link above, the ruling to disqualify the judge did not focus on the facts around <i>friendship</i>, but around the claim that it's sort of announced publicly.  As Venkat notes:
<blockquote><i>
 I'm still struggling to see how this is different from other forms of social interaction between lawyers and judges. Social interaction between judges and lawyers happens all the time and is not a basis for disqualification. I think there may be a bit of Facebook exceptionalism going on here.
</i></blockquote>
Related to this, and at the same link, Eric Goldman points out that if we're weighing two different issues: (1) having a judge that understands Facebook and how social interaction commonly works today and (2) the "small possibility of apparent impropriety" it seems that having judges who understand social networking is a more important goal in today's society.<br /><br /><a href="http://www.techdirt.com/articles/20120911/18133920350/judge-disqualified-case-because-hes-facebook-friends-with-prosecutor.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120911/18133920350/judge-disqualified-case-because-hes-facebook-friends-with-prosecutor.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120911/18133920350/judge-disqualified-case-because-hes-facebook-friends-with-prosecutor.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-facebook-friend-doesn't-always-mean-a-friend</slash:department>
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<item>
<pubDate>Mon, 30 Jul 2012 11:09:51 PDT</pubDate>
<title>Yet Again, Netflix Class Action Shows That Class Action Lawsuits Are Mostly About Making Lawyers Rich</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120730/01264019871/yet-again-netflix-class-action-shows-that-class-action-lawsuits-are-mostly-about-making-lawyers-rich.shtml</link>
<guid>http://www.techdirt.com/articles/20120730/01264019871/yet-again-netflix-class-action-shows-that-class-action-lawsuits-are-mostly-about-making-lawyers-rich.shtml</guid>
<description><![CDATA[ For years, we've been pointing out that our class action lawsuit system is <a href="http://www.techdirt.com/articles/20100324/0358238689.shtml">broken</a>.  It makes sense, in theory, that if a large group of people are wronged, they can team up to right that wrong&mdash;but in practice it has morphed into a system where a bunch of bottom-feeder lawyers sue just about any company at every opportunity... and then those lawyers end up taking the bulk of the money.  The "class" (the people supposedly wronged) rarely get much, if any money at all.  Of course, one of the first stories that clued me into all of this involved a settlement in a class action lawsuit against Netflix way back in 2005, in which the lawyers got $2.5 million... and everyone in the "class" just got their <a href="http://www.techdirt.com/articles/20051102/1020224_F.shtml">accounts upgraded</a> for a month (and if you forgot to manually downgrade after that month was over, you were charged more).  As I noted at the time, this seemed more like a promotional stunt for Netflix <i>and</i> a way for a bunch of lawyers to make a ton of money.
<br /><br />
So it's interesting to see that with yet another class action lawsuit being settled involving Netflix, there are similar concerns.  A whole bunch of folks sent in variations on the fact that Netflix will be <a href="http://www.thewiseguys.com/2012/07/27/netflix-class-action-lawsuit-settlement-screws-members/" target="_blank">paying out $9 million</a> with a grand total of <a href="http://www.videoprivacyclass.com/CommonlyAskedQuestions.aspx" target="_blank">none of it</a> going to the class (unless you happened to be one of the two named plaintiffs -- Jeff Milans and Peter Comstock -- who get to split $30,000).  Most of the money is going to a charity.  But somewhere around $2.25 million is going to the lawyers.
<br /><br />
To be clear, I think the lawsuit itself is a bit silly anyway.  It involves the fact that Netflix retained info on customers who quit.  Big whoop.  But whether or not you agree with the premise of the lawsuit, the end result seems even sillier: those supposedly "harmed" get nothing, but the lawyers walk away with over $2 million?  It's this kind of thing that creates incentives for more such lawsuits driven by law firms in the hopes of cashing in.<br /><br /><a href="http://www.techdirt.com/articles/20120730/01264019871/yet-again-netflix-class-action-shows-that-class-action-lawsuits-are-mostly-about-making-lawyers-rich.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120730/01264019871/yet-again-netflix-class-action-shows-that-class-action-lawsuits-are-mostly-about-making-lawyers-rich.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120730/01264019871/yet-again-netflix-class-action-shows-that-class-action-lawsuits-are-mostly-about-making-lawyers-rich.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-stopping-people</slash:department>
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<item>
<pubDate>Tue, 24 Jul 2012 07:05:10 PDT</pubDate>
<title>Jack Daniel's Shows The World: Here's How To Send A Polite Cease-And-Desist</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120723/18284519801/jack-daniels-shows-world-heres-how-to-send-polite-cease-and-desist.shtml</link>
<guid>http://www.techdirt.com/articles/20120723/18284519801/jack-daniels-shows-world-heres-how-to-send-polite-cease-and-desist.shtml</guid>
<description><![CDATA[ For years we've written about how lawyers send absolutely ridiculous (and usually ridiculously aggressive) cease-and-desist letters.  This comes from a time when there were likely only two parties who were going to be a part of the discussion.  The company or individual on behalf of whom the letter was being sent... and the recipient.  In such a world, lawyers were taught to be aggressive and to make the strongest possible case for their client, often claiming things and threatening actions way beyond what is reasonable.  The thinking tended to be that the recipient would either shut up and back down completely (they hoped), or if they lawyered up, there would be some sort of negotiation, and an end result where a middle ground was met. 
<br /><br />
The internet changed things.  It added a "third party" to these discussions: the public.  As a result of that, over the last decade, recipients of such overly aggressive threat letters have gone public with those letters, leading to both ridicule towards the sender, but also much more attention being given to that which was sought to be "ceased" and "desisted."  Hence, the rise of <a href="http://en.wikipedia.org/wiki/Streisand_effect"><i>The Streisand Effect</i></a>.
<br /><br />
Every time we discuss one of these situations, people often ask us something along the lines of "yeah, but what else is the individual/company supposed to do?"  Especially when it comes to trademarks, people often toss out the (somewhat misleading and inaccurate) claim that the trademark holder <i>has</i> to fight back or they might lose their trademark.  Beyond that being an exaggeration (they only need to try to deal with situations where there might be confusion, or where the mark is being made to seem generic), it also ignores that there are more reasonable ways to handle such situations.  One, for example, is to offer up a free (or super cheap) license.  Another <i>is to actually be nice</i>.  But that happens so rarely that it makes news when it happens.
<br /><br />
A whole bunch of you have been sending in this particular example, <a href="http://brokenpianoforpresident.com/2012/07/19/jack-daniels-lawsuit-the-full-scoop/" target="_blank">of Jack Daniels sending one of the friendliest cease-and-desist letters that you'll ever see</a>.  It was sent to Patrick Wensink, the author of a novel called <a href="http://books.google.com/books?id=2Y16tgAACAAJ&#038;dq=broken+piano+for+president&#038;source=bl&#038;ots=6L14Q3eS6W&#038;sig=uinHpFyIzWR4dwI7y9ZWFWXutTQ&#038;hl=en&#038;sa=X&#038;ei=OfgNUOqFBcPO2wXKh4C4BA&#038;ved=0CC4Q6AEwAA" target="_blank"><i>Broken Piano for President</i></a>, whose cover certainly makes use of the iconography around Jack Daniels famous whiskey.
<center>
<a href="http://imgur.com/CuayN"><img src="http://i.imgur.com/CuayN.jpg" /></a>
</center>
But, rather than get all threatening, the letter is quite nice, reasonable and even (somewhat surprisingly) accommodating.  It starts out by admitting that they're flattered, not upset.
<blockquote><i>
We are certainly flattered by your affection for the brand, but while we can appreciate the pop culture appeal of Jack Daniel's, we also have to be diligent to ensure that the Jack Daniel's trademarks are used correctly.  Given the brand's popularity, it will probably come as no surprise that we come across designs like this one on a regular basis.  What may not be so apparent, however, is that if we allow uses like this own, we run the very real risk that our trademark will be weakened.  As a fan of the brand, I'm sure that is not something you intended or would want to see happen.
</i></blockquote>
Furthermore, rather than being excessively demanding, such as by demanding destruction of the old books, the company just asks for any future printings to have a different design -- and does so noting that it's suggesting this in a neighborly manner, and is even willing to help pay for the costs of such a change if they do it for existing books (and e-books):
<blockquote><i>
In order to resolve this matter, because you are both a Louisville "neighbor" and a fan of the brand, we simply request that you change the cover design when the book is re-printed.  If you would be willing to change the design sooner than that (including on the digital version), we would be willing to contribute a reasonable amount towards the cost of doing so.  By taking this step, you will help us to ensure that the Jack Daniel's brand will mean as much to future generations as it does today.
</i></blockquote>
Now, I still think that the company is exaggerating a bit in suggesting that this would really diminish the trademark, and also you could see how the company could issue a license instead, this really is a <i>much</i> much better response than a normal legal threat letter.  Nicely done, Jack Daniel's!  Hopefully, other lawyers and companies start paying attention.<br /><br /><a href="http://www.techdirt.com/articles/20120723/18284519801/jack-daniels-shows-world-heres-how-to-send-polite-cease-and-desist.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120723/18284519801/jack-daniels-shows-world-heres-how-to-send-polite-cease-and-desist.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120723/18284519801/jack-daniels-shows-world-heres-how-to-send-polite-cease-and-desist.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it-can-be-done</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120723/18284519801</wfw:commentRss>
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<pubDate>Mon, 9 Apr 2012 11:10:00 PDT</pubDate>
<title>Final Stats On Heartland Payment Systems Class Action: $1,925 To 11 People, $600k To Lawyers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120404/17441818377/final-stats-heartland-payment-systems-class-action-1925-to-11-people-600k-to-lawyers.shtml</link>
<guid>http://www.techdirt.com/articles/20120404/17441818377/final-stats-heartland-payment-systems-class-action-1925-to-11-people-600k-to-lawyers.shtml</guid>
<description><![CDATA[ We've been discussing for years just how <a href="http://www.techdirt.com/articles/20100324/0358238689.shtml">broken</a> the "class action" lawsuit system is in the US.  The <i>idea</i> behind it sounds like it makes sense: if a company wrongs a bunch of people, the ability to bundle them all into a class, and get recompense via a single lawsuit seems like a good idea.  But, in practice, class action lawsuits have basically just become a feeding trough for lawyers to become rich, with very little done to help those wronged.  In some cases, the end results of class action lawsuits are completely laughable.  Years ago, for example, we highlighted how Netflix <a href="http://www.techdirt.com/articles/20051102/1020224_F.shtml">"settled"</a> a class action lawsuit by giving everyone a free one-month "upgrade," but if you failed to downgrade by the end of the month, you were kept on the higher plan and charged for it.  As I said at the time, that wasn't a "settlement" so much as a marketing program.  And, oh yeah, the lawyers who brought the lawsuit against Netflix got $2.5 million.
<br /><br />
Law professor Eric Goldman, who's spoken out about the broken class action system in the past, has another ridiculous example, <a href="http://blog.ericgoldman.org/archives/2012/04/data_security_b.htm" target="_blank">this time involving Heartland Payment Systems</a>.  You may recall Heartland as being the company that had <a href="http://www.techdirt.com/articles/20090120/1450363464.shtml">the largest security breach</a> ever (at the time), losing data on over 100 million credit cards.  A class action lawsuit (of course) followed, and Heartland agreed to pay up to anyone who could show that they were a victim of fraud from the loss.  The company didn't have cardholder addresses, so it spent $1.5 million to advertise the settlement, and estimated that over 80% of the potential class saw an ad at least 2.5 times.  Either way, not too many claims came in.  A total of 290 claims were made, but <b>only 11</b> were found to be valid.
<br /><br />
Heartland had to pay a <i>maximum</i> of $175 to those individuals.  Assuming it did pay the maximum, that means the "victims" of the breach got a grand total of $1925 (perhaps less).  According to the settlement agreement, Heartland was supposed to pay out at least $1 million to victims (and up to $2.4 million).  If less than $1 million worth of victims were found, the rest would go to non-profit organizations focused on protecting consumer privacy rights.  That leaves $998,075 for those non-profits. 
<br /><br />
So, let's summarize:
<ul>
<li>Actual victims got: $1925
</li><li>Heartland spent $1.5 million to find the people to give out that $1925.
</li><li>Somewhere around $998,075 goes to non-profits
</li><li>The lawyers who brought the lawsuit?  They got <b>$606,192.50</b>.  For helping 11 people get less than $200 each.  Nice work if you can get it.
</li></ul>
That $600k is actually a "discount."  The court recognizes the absurdity of using the full $1 million in calculating the "settlement," so it knocks down the "value" (but not the payment) of the money going to the nonprofits, and then uses a bunch of random magic to award the attorneys that $600+k.  And, of course, Heartland also ended up paying its own lawyers a ton.  In the end, this system involved Heartland paying many millions of dollars... to benefit a "class" of 11 people and giving them less than $2,000.
<br /><br />
As Goldman notes, the whole thing seems bizarre:
<blockquote><i>
Thus, it appears they spent over $130,000 to generate each legitimate claim. Surprisingly, the court blithely treats the $1.5M expenditure as a cost of doing business, but I can't wrap my head around it. What an obscene waste of money! Add in the $270k spent on claims administration, and it appears that the parties spent $160k per legitimate claimant. The court isn't bothered by the $270k expenses either, even though that cost about $1k per tendered claim (remember, there were 290 total claims).
</i></blockquote>
Something is broken with the system.<br /><br /><a href="http://www.techdirt.com/articles/20120404/17441818377/final-stats-heartland-payment-systems-class-action-1925-to-11-people-600k-to-lawyers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120404/17441818377/final-stats-heartland-payment-systems-class-action-1925-to-11-people-600k-to-lawyers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120404/17441818377/final-stats-heartland-payment-systems-class-action-1925-to-11-people-600k-to-lawyers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>class-action-system-is-broken</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120404/17441818377</wfw:commentRss>
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<item>
<pubDate>Mon, 5 Dec 2011 13:12:21 PST</pubDate>
<title>Internal Fight Within The ABA Over Position On SOPA</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111205/04463116971/internal-fight-within-aba-over-position-sopa.shtml</link>
<guid>http://www.techdirt.com/articles/20111205/04463116971/internal-fight-within-aba-over-position-sopa.shtml</guid>
<description><![CDATA[ We've noted in the past that there's been a bit of <a href="http://www.techdirt.com/articles/20111108/23201616688/viacom-exec-everyone-knows-rogue-site-when-they-see-one-except-he-doesnt.shtml">a debate</a> within the American Bar Association concerning the position it should take on SOPA/PROTECT-IP.  It seems that the fight is heating up, and different kinds of lawyers are fighting about it.  The Trademark Legislation Committee agreed to and adopted (by a pretty wide margin) a resolution saying that SOPA needed significant changes to prevent abuse.  A key change?  That the private right of action should be filed "under penalty of perjury," rather than the toothless sanctions for those who file bogus takedowns.  This seems like a reasonable suggestion to prevent abuse, and the Committee agreed.
<br /><br />
But... then the copyright lawyers flipped out.  Despite this and other suggestions already being agreed to, the copyright folks proposed a bunch of changes -- including deleting the "penalty of perjury" inclusion.  Another change?  The trademark lawyers had agreed that the private right of action definition of "dedicated to theft of US property" should be much more limited, adding significant qualifiers to what is covered to deal with the vagueness of the definition.  The copyright lawyers want that deleted as well.
<br /><br />
Further on that point, the letter the trademark lawyers prepared highlighted serious concerns about how vague the definition of "dedicated to theft of US property" is, and pointed out how it has significant inconsistencies that "need to be addressed."  The copyright lawyers?  Apparently they don't want to address the inconsistencies and want the whole complaint about the language dumped.  Specifically, here was the recommendation that had been approved:
<blockquote><i>
As worded, the definition of web sites that are &ldquo;Dedicated to Theft of U.S. Property,&rdquo; which forms the basis of liability pursuant to this bill, is vague and requires some clarification.  Specifically, &sect; 103(a)(1)(B)(i) provides three different ways in which a U.S. directed site could have exposure to action under this bill: 1) if it is &ldquo;primarily designed or operated for the purpose of . . . offering goods or services in a manner that engages in, enables, or facilitates&rdquo; a violation of 17 U.S.C. &sect; &sect; 501 or 1201, or counterfeiting under 15 U.S.C. &sect; 1116(d) or 18 U.S.C. &sect; 2320; 2) if it &ldquo;has only limited purpose or use other than . . . offering goods or services in a manner that engages in, enables, or facilitates&rdquo; the same violations; or 3) if it &ldquo;is marketed by its operator or another acting in concert with that operator for use in offering goods or services in a manner that engages in, enables, or facilitates&rdquo; the same violations.   
<br /><br />
Option three in this series does not require a showing that the marketing efforts have a primary purpose of, or have a limited purpose other than, infringing these intellectual property rights.  We believe this inconsistency needs to be addressed to reduce possibility of abuse that could result in the effective shut down (by disabling a revenue stream) of an otherwise legitimate web site that offered a single product later determined to be a counterfeit.  
<br /><br />
In order to effectuate this purpose, option three in the series identified above should be modified to reflect a narrow interpretation of the definition of &ldquo;Dedicated to Theft of U.S. Property.&rdquo;
</i></blockquote>
The copyright lawyers?  Want that whole section left out.  Basically, it looks like anything that highlights the serious problems of SOPA should be taken out, according to the copyright lawyers.  The stuff left in is minor and inconsequential.<br /><br /><a href="http://www.techdirt.com/articles/20111205/04463116971/internal-fight-within-aba-over-position-sopa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111205/04463116971/internal-fight-within-aba-over-position-sopa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111205/04463116971/internal-fight-within-aba-over-position-sopa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>legal-food-fight</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111205/04463116971</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 15 Nov 2011 18:31:37 PST</pubDate>
<title>Over 100 Lawyers, Law Professors &#038; Practitioners Come Out Against SOPA</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111115/17382616784/over-100-lawyers-law-professors-practitioners-come-out-against-sopa.shtml</link>
<guid>http://www.techdirt.com/articles/20111115/17382616784/over-100-lawyers-law-professors-practitioners-come-out-against-sopa.shtml</guid>
<description><![CDATA[ Supporters of SOPA keep tossing out Floyd Abrams' name as if it's some talisman, and that his word is final.  Last I checked, Floyd Abrams is not the Supreme Court.  Indeed, he's not even one of the nine justices.  Or a judge at all. And his opinion is just one -- well respected -- lawyer's opinion.  In fact, Abrams opinion concerning SOPA isn't even his own unbiased opinion.  His opinion was written on behalf of his clients, including the MPAA and other lobbyists in favor of SOPA.  And, even then, Abrams still admitted that SOPA would lead to <a href="http://www.techdirt.com/articles/20111111/16242216727/first-amendment-expert-floyd-abrams-admits-sopa-would-censor-protected-speech-thinks-its-okay-collateral-damage.shtml">the suppression of protected content</a>.  Either way, there are other lawyers out there, many of whom are just as well respected as Mr. Abrams.  And when over 100 such lawyers get together and <a href="http://www.scribd.com/doc/72807693/Law-Profs-Letter-Against-SOPA-PROTECT-IP" target="_blank">speak out against SOPA</a>, perhaps one might come to the conclusion that Abrams' opinion on the legal aspects is one in the minority.  This letter is a followup to the letter <a href="http://www.techdirt.com/articles/20110705/01205814962/law-professors-come-out-against-protect-ip.shtml">sent earlier</a> about PROTECT IP, but noting that SOPA didn't fix any of the problems, and actually made many of them worse:
<blockquote><i>
While there are some differences between SOPA and PROTECT-­IP, nothing in SOPA makes any effort
to address the serious constitutional, innovation, and foreign policy concerns that we expressed in that
letter. Indeed, in many respects SOPA is even worse than PROTECT-­IP. Among other infirmities, it would:
<ul>
<li><u>Redefine the standard for copyright infringement on the Internet</u>, changing the definition of
inducement in a way that would not only conflict with Supreme Court precedent but would make
YouTube, Google, and numerous other web sites liable for copyright infringement.
</li><li><u>Allow the government to block Internet access</u> to any web site that "facilitated" copyright or trademark infringement -- a term that the Department of Justice currently interprets to require nothing more than having a link on a web page to another site that turns out to be infringing.
</li><li><u>Allow any private copyright or trademark owner to interfere</u> with the ability of web sites to host advertising or charge purchases to credit cards, putting enormous obstacles in the path of electronic commerce.
</li></ul>
Most significantly, it would do all of the above while violating our core tenets of due process. By failing to
guarantee the challenged web sites notice or an opportunity to be heard in court before their sites are shut
down, <b>SOPA represents the most ill-advised and destructive intellectual property legislation in recent
memory.</b>
<br /><br />
In sum, SOPA is a dangerous bill.  It threatens the most vibrant sector of our economy -- Internet commerce.  It is directly at odds with the United States' foreign policy of Internet openness, a fact that repressive regimes will seize upon to justify their censorship of the Internet.  And it violates the First Amendment.
</i></blockquote>
But... but... Floyd Abrams!<br /><br /><a href="http://www.techdirt.com/articles/20111115/17382616784/over-100-lawyers-law-professors-practitioners-come-out-against-sopa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111115/17382616784/over-100-lawyers-law-professors-practitioners-come-out-against-sopa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111115/17382616784/over-100-lawyers-law-professors-practitioners-come-out-against-sopa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>serious-concerns</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111115/17382616784</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 11 Oct 2011 14:46:00 PDT</pubDate>
<title>New Patent Reform Law Already A Good Thing... For Patent Attorneys</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111010/12152116288/new-patent-reform-law-already-good-thing-patent-attorneys.shtml</link>
<guid>http://www.techdirt.com/articles/20111010/12152116288/new-patent-reform-law-already-good-thing-patent-attorneys.shtml</guid>
<description><![CDATA[ While it seems pretty clear that the patent reform bill that became law a few weeks ago won't actually do much to improve our broken patent system, one area of business it's helping tremendously <a href="http://www.nytimes.com/2011/10/10/business/new-law-creates-demand-for-patent-specialists.html" target="_blank">is in increasing demand for patent lawyers</a>.  Due to the new law, suddenly law firms are scrambling for more and more patent lawyers:
<blockquote><i>
Patent lawyers are in such demand that their specialty may account for more than 15 percent of law firm job openings while representing just 3 percent of lawyers in the United States.
<br /><br />
Such lawyers typically have degrees in fields like engineering as well as law. Some law firms are now almost doubling recruitment fees to meet the growing demand for specialists in intellectual property, or I.P., particularly in technology, said T. J. Duane, a principal at a legal recruitment firm, Lateral Link. 
</i></blockquote>
The NY Times article above goes on to point out that the new law has especially made things much more complicated, thereby increasing demand for patent lawyers.  It also mentions how law firms are really seeking people who <i>could</i> have been contributing to actual innovation, but have left engineering for the law instead:
<blockquote><i>
The ideal candidate would hold a doctoral degree in electrical engineering, have graduated from a top 10 law school and have worked for four years at a strong law firm, Mr. Duane said. 
</i></blockquote>
This is not a good thing.  A functioning patent system is one where the rules are clear and fewer lawyers are needed.  The fact that the clearest immediate impact of the change in the law is the opposite should give the politicians who supported this law a pretty big reason to rethink it.<br /><br /><a href="http://www.techdirt.com/articles/20111010/12152116288/new-patent-reform-law-already-good-thing-patent-attorneys.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111010/12152116288/new-patent-reform-law-already-good-thing-patent-attorneys.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111010/12152116288/new-patent-reform-law-already-good-thing-patent-attorneys.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-of-course</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111010/12152116288</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 1 Sep 2011 11:06:28 PDT</pubDate>
<title>Benchslapped: Judge Invites Lawyers To 'Kindergarten Party' To Learn How To Be A Lawyer</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110831/17004915758/benchslapped-judge-invites-lawyers-to-kindergarten-party-to-learn-how-to-be-lawyer.shtml</link>
<guid>http://www.techdirt.com/articles/20110831/17004915758/benchslapped-judge-invites-lawyers-to-kindergarten-party-to-learn-how-to-be-lawyer.shtml</guid>
<description><![CDATA[ Judge Sam Sparks of the US District Court in Western Texas (not the patent troll haven of Eastern Texas) apparently has quite a way with words when it comes to criticizing lawyers for questionable activities in his court.  As the folks at AboveTheLaw like to put it, he's the <a href="http://abovethelaw.com/benchslaps/" target="_blank">"king of the benchslaps."</a>  One of his more recent such benchslaps is really worth reading.  Via <a href="https://twitter.com/#!/paulalanlevy/status/108998054278991874" target="_blank">Paul Alan Levy</a>, we learn that Judge Sparks was apparently displeased about the actions of some lawyers and decided to invite them to a "kindergarten party."
<center>
<img src="http://i.imgur.com/Ti9XL.jpg"  />
<br />
<img src="http://i.imgur.com/KZw74.jpg" />
</center>
In case you can't read it, the relevant part:
<blockquote><i>
Greetings and Salutations!
<br /><br />
You are invited to a kindergarten party on <b>THURSDAY, SEPTEMBER 1, 2011, at 10:00 a.m.</b> in Courtroom 2 of the United States Courthouse, 200 W. Eighth Street, Austin, Texas.
<br /><br />
The party will feature many exciting and informative lessons, including:
<ul>
<li>How to telephone and communicate with a lawyer</li>
<li>How to enter into reasonable agreements about deposition dates</li>
<li>How to limit depositions to reasonable subject matter</li>
<li>Why it is neither cute nor clever to attempt to quash a subpoena for technical failures of service when  notice is reasonably given; and</li>
<li>An advanced seminar on not wasting the time of a busy federal judge and his staff because you are unable to practice law at the level of a first year law student.</li>
</ul>
Invitation to this exclusive event is not RSVP.  Please remember to bring a sack lunch!  The United States Marshals have beds available if necessary, so you may wish to bring a toothbrush in case the party runs late.
</i></blockquote>
Of course, while incredibly amusing, David Lat <a href="http://abovethelaw.com/2011/08/benchslap-of-the-day-judge-sparks-burns-more-attorneys/" target="_blank">does ask if this goes too far</a>:
<blockquote><i>
<p>Has Judge Sparks gone too far? Is he being too hard on lawyers for, well, doing what lawyers do?</p><p>And is Judge Sparks&rsquo;s snark excessive? Don&rsquo;t get us wrong; it&rsquo;s amusing to compare lawyers to kindergarteners &mdash; which Judge Sparks has been doing <a href="http://www.law.com/jsp/article.jsp?id=1090180336183">since 2004</a> (subscription). But is Judge Sparks trying too hard to entertain? These are judicial orders, not blog posts (where snark and entertainment are welcome).</p><p>On the other hand, and in defense of Judge Sparks, judicial orders and opinions can be pretty dry and boring. Can you fault a judge for trying to make them more engaging?</p>
</i></blockquote>
It's a good question.  I really don't have much of a problem with a little snark and humor in a judicial order -- especially if lawyers are being particularly ridiculous.  But, there is certainly the risk that the attention these kinds of orders get only encourages judges to use them when it's not particularly appropriate.  Assuming that a judge like Judge Sparks knows when it's time to break out the benchslap and when to keep it reined in, I don't see anything wrong with it.<br /><br /><a href="http://www.techdirt.com/articles/20110831/17004915758/benchslapped-judge-invites-lawyers-to-kindergarten-party-to-learn-how-to-be-lawyer.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110831/17004915758/benchslapped-judge-invites-lawyers-to-kindergarten-party-to-learn-how-to-be-lawyer.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110831/17004915758/benchslapped-judge-invites-lawyers-to-kindergarten-party-to-learn-how-to-be-lawyer.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ouch</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110831/17004915758</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 3 Aug 2011 23:21:26 PDT</pubDate>
<title>UK Copyright Trolling Pioneers Sanctioned For Actions</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110803/02192515373/uk-copyright-trolling-pioneers-sanctioned-actions.shtml</link>
<guid>http://www.techdirt.com/articles/20110803/02192515373/uk-copyright-trolling-pioneers-sanctioned-actions.shtml</guid>
<description><![CDATA[ Some lawyers from UK law firm Davenport Lyons really pioneered the copyright trolling shakedown scheme.  Davenport Lyons got out of the business after questions were raised about its activities, though it passed on the effort (and documents it used) directly to ACS:Law, the law firm that really took the practice to a new level.  We had noted that Davenport Lyons lawyers were being <a href="http://www.techdirt.com/articles/20100315/1119348568.shtml">investigated</a> by the Solicitors Disciplinary Tribunal for their actions, which has now concluded with the two lawyers <a href="http://torrentfreak.com/bullying-anti-piracy-lawyers-fined-and-suspended-110802/" target="_blank">being fined &pound;20,000 each and barred from practicing law for three months</a>.  Part of the issue was that the tribunal determined that the lawyers <a href="http://www.techdirt.com/articles/20101122/03144311961/uk-lawyers-who-originated-pay-up-well-sue-knew-they-were-threatening-innocents.shtml">knew they were targeting innocent</a> people with the scheme.<br /><br /><a href="http://www.techdirt.com/articles/20110803/02192515373/uk-copyright-trolling-pioneers-sanctioned-actions.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110803/02192515373/uk-copyright-trolling-pioneers-sanctioned-actions.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110803/02192515373/uk-copyright-trolling-pioneers-sanctioned-actions.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can-we-see-some-of-that-in-the-US?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110803/02192515373</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 19 Apr 2011 10:34:24 PDT</pubDate>
<title>Why Do We Let Those Who Benefit Most From Monopolies Write The Laws That Grant Them?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110418/02251413937/why-do-we-let-those-who-benefit-most-monopolies-write-laws-that-grant-them.shtml</link>
<guid>http://www.techdirt.com/articles/20110418/02251413937/why-do-we-let-those-who-benefit-most-monopolies-write-laws-that-grant-them.shtml</guid>
<description><![CDATA[ Rick Falkvinge's latest piece at TorrentFreak covers an important issue: the fact that all too often those who write our patent and copyright laws <a href="http://torrentfreak.com/monopoly-lawyers-shouldnt-write-monopoly-laws-110417/" target="_blank">are lawyers practicing in the space</a>.  That is, they're the people who benefit the most from perpetuating the system and expanding it further.  That's not to say that all copyright and patent lawyers always think expanding the laws are better, but it is pretty common -- and when you get to the folks crafting the laws, it's very common.  The article highlights an all too common occurrence, in which a patent or copyright holder threatens or sues someone, and the person or company sued pays up because it's cheaper to pay than to go to court:
<blockquote><i>
And so, another &ldquo;license&rdquo; is paid up, and copyright lawyers use it as proof to politicians that licenses are paid and the system works. It&rsquo;s circular reasoning at its most insidious.
<br /><br />
The danger here lies in the difference of perspective: lawyers and politicians regard court proceedings as having zero cost, as basically being a correspondence or a negotiation. In the reality entrepreneurs live in, however, the court cost of a monopoly lawsuit can easily hit a million euros.
</i></blockquote>
Of course, it can be even worse than having them just write the laws.  There's the infamous case of Giles Rich, the patent lawyer who wrote a large part of the 1952 Patent Act... and then went on to become a judge at CAFC where he ruled on the interpretations of the law he, himself, had written.  People note that he's had more influence than anyone on patent law in the US in the modern era... and almost all of it was in one direction only.  And this kind of thing happens all the time... because politicians think that the people to ask for how to write patent and copyright laws are <i>the lawyers</i> rather than the businesses and citizens who will be most impacted by these laws:
<blockquote><i>
So the next time the monopoly laws need revision and redrafting, the politicians go to the monopoly lawyers with demonstrated understanding of the substance matter. Politicians note that the lawyers have been correct in their predictions that license money would start to flow, and take it as proof the system works; they can&rsquo;t see or know money is flowing for all the wrong reasons.
<br /><br />
And so, the monopoly lawyers get to expand and revise those laws yet again, when it was nothing but a legalized extortion racket from the start. The cycle continues.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20110418/02251413937/why-do-we-let-those-who-benefit-most-monopolies-write-laws-that-grant-them.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110418/02251413937/why-do-we-let-those-who-benefit-most-monopolies-write-laws-that-grant-them.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110418/02251413937/why-do-we-let-those-who-benefit-most-monopolies-write-laws-that-grant-them.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-a-problem</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110418/02251413937</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 31 Mar 2011 06:40:40 PDT</pubDate>
<title>Protection</title>
<dc:creator>Nina Paley</dc:creator>
<link>http://www.techdirt.com/articles/20110329/14593713679/protection.shtml</link>
<guid>http://www.techdirt.com/articles/20110329/14593713679/protection.shtml</guid>
<description><![CDATA[ <a href="http://mimiandeunice.com/2011/03/22/protection/"><img width="560px" height="174px" title="ME_323_LawyersProtectArtists" src="http://mimiandeunice.com/wp-content/uploads/2011/03/ME_323_LawyersProtectArtists-640x199.png" alt="" /></a><br /><br /><a href="http://www.techdirt.com/articles/20110329/14593713679/protection.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110329/14593713679/protection.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110329/14593713679/protection.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>racket</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110329/14593713679</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 11 Mar 2011 11:32:11 PST</pubDate>
<title>Texas Law Bars Workers Comp Lawyers From Saying They're From Texas</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110303/03472913345/texas-law-bars-workers-comp-lawyers-saying-theyre-texas.shtml</link>
<guid>http://www.techdirt.com/articles/20110303/03472913345/texas-law-bars-workers-comp-lawyers-saying-theyre-texas.shtml</guid>
<description><![CDATA[ Ima Fish alerts us to yet another bizarre state law against free speech.  John Gibson, a lawyer from Lubbock, Texas, who is an expert in workers' compensation, is <a href="http://www.courthousenews.com/2011/03/01/34541.htm" target="_blank">suing the state</a> after it sent him a cease and desist letter for having a blog at <a href="http://www.texasworkerscomplaw.com/" target="_blank">TexasWorkersCompLaw.com</a>.  It turns out that Texas has <a href="http://law.onecle.com/texas/labor/419.002.00.html" target="_blank">a law on the books</a> that forbids workers' comp lawyers from saying they're from Texas.  Basically, the law forbids the use of "workers comp" and "Texas" together.  Gibson, reasonably, finds the whole thing absolutely ridiculous:
<blockquote><i>
Gibson says the words are not the intellectual property of the state, but are in the public domain, that no governmental interest is served by regulating them, and that forbidding their use is an impermissible restraint on free speech.
<br /><br />
     "For instance, under the terms of the regulation, a physician or medical clinic would be prohibited from advertising that they accept workers' compensation patients in Texas. Any attorney who was board certified would also be strictly prohibited from using the phrase 'Board Certified in Workers' Compensation Law by the Texas Board of Legal Specialization,' which is the accepted manner and form for disclosing Board Certification in Texas," the complaint states. "These and other unnecessary restrictions on advertising are the result of &sect; 419.002, without serving any governmental interest."
</i></blockquote>
We've seen similar -- if somewhat less egregious -- attempts by states to regulate lawyers' speech, usually under rules designed to limit how lawyers can advertise their services.  A few years ago, there were issues about the legality of some law blogs in <a href="http://www.techdirt.com/articles/20060914/130411.shtml">NY</a> and <a href="http://www.techdirt.com/articles/20050609/0057221_F.shtml">Kentucky</a>, due to overly restrictive laws.  But this particular rule concerning workers' comp attorneys goes way beyond that.  It really just seems to be designed as an attack on workers' comp lawyers. It makes you wonder just who was behind getting it passed in the first place.<br /><br /><a href="http://www.techdirt.com/articles/20110303/03472913345/texas-law-bars-workers-comp-lawyers-saying-theyre-texas.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110303/03472913345/texas-law-bars-workers-comp-lawyers-saying-theyre-texas.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110303/03472913345/texas-law-bars-workers-comp-lawyers-saying-theyre-texas.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>workers-comp-lawyer-in-that-big-state-in-the-south</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110303/03472913345</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 25 Feb 2011 10:32:19 PST</pubDate>
<title>P2P Shakedown Lawyers Apparently Still Sending Subpoenas To Get Info On Defendants Who Had Cases Dismissed</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110224/23310313252/p2p-shakedown-lawyers-apparently-still-sending-subpoenas-to-get-info-defendants-who-had-cases-dismissed.shtml</link>
<guid>http://www.techdirt.com/articles/20110224/23310313252/p2p-shakedown-lawyers-apparently-still-sending-subpoenas-to-get-info-defendants-who-had-cases-dismissed.shtml</guid>
<description><![CDATA[ About a month ago, we pointed out an effort by an anonymous concerned citizen who has been <a href="http://www.techdirt.com/articles/20110129/23354512882/just-under-100000-sued-mass-copyright-infringement-suits-since-start-2010.shtml">tracking</a> the massive increase in these P2P file sharing shakedown lawsuits, that are all about sending "pre-settlement" letters and getting people to pay up, rather than really taking all these people to court.  So far, the courts have been pretty good about dumping many of the cases that involved thousands of defendants, noting that it makes little sense to put them all together in a single case.  The person who made that epic spreadsheet is <a href="http://tinyurl.com/fslitigate" target="_blank">continuing to keep it updated</a>, and it shows about 110,000 people sued:
<center>
<img src="http://i.imgur.com/VqLH1.png" />
</center>
Of course, what this also shows is that approximately 40,000 defendants have been dropped from these cases, mainly after judges pointed out how bogus it was to join so many defendants into single cases.  However, the EFF is noting that it's received reports that some of the law firms involved in these schemes may <a href="https://www.eff.org/deeplinks/2011/02/over-40-000-does-dismissed-copyright-troll-cases" target="_blank">still be sending subpoenas to defendants already dismissed from cases</a>.  Similar to Evan Stone's <a href="http://www.techdirt.com/articles/20110201/02582912905/mass-copyright-lawsuit-lawyer-petulantly-drops-lawsuit-after-called-out-apparent-ethics-violations.shtml">sending subpoenas</a> before a judge had okayed it, this suggests a massive breach of legal ethics.  Sending a subpoena on someone that a judge has already dismissed from the case?  That seems like a strategy for trouble.<br /><br /><a href="http://www.techdirt.com/articles/20110224/23310313252/p2p-shakedown-lawyers-apparently-still-sending-subpoenas-to-get-info-defendants-who-had-cases-dismissed.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110224/23310313252/p2p-shakedown-lawyers-apparently-still-sending-subpoenas-to-get-info-defendants-who-had-cases-dismissed.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110224/23310313252/p2p-shakedown-lawyers-apparently-still-sending-subpoenas-to-get-info-defendants-who-had-cases-dismissed.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>there's-an-ethical-issue-here</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110224/23310313252</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 22 Oct 2010 09:48:51 PDT</pubDate>
<title>Supreme Court Chief Justice Admits He Doesn't Read Online EULAs Or Other 'Fine Print'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101021/02145811519/supreme-court-chief-justice-admits-he-doesn-t-read-online-eulas-or-other-fine-print.shtml</link>
<guid>http://www.techdirt.com/articles/20101021/02145811519/supreme-court-chief-justice-admits-he-doesn-t-read-online-eulas-or-other-fine-print.shtml</guid>
<description><![CDATA[ We just recently wrote about how circuit court judge Richard Posner had admitted to <a href="http://www.techdirt.com/articles/20101001/14083711252/if-even-the-best-legal-minds-don-t-read-boilerplate-contracts-why-are-they-considered-binding.shtml">not reading the boilerplate legalese</a> on his mortgage agreement, and wondered why such things were then considered binding.  Taking it up a notch, now Supreme Court Chief Justice John Roberts has <a href="http://www.abajournal.com/news/article/chief_justice_roberts_admits_he_doesnt_read_the_computer_fine_print/" target="_blank">admitted that he doesn't read the fine print on websites or medicines</a> and that this "is a problem."
<blockquote><i>
Answering a student question, Roberts admitted he doesn't usually read the computer jargon that is a condition of accessing websites, and gave another example of fine print: the literature that accompanies medications....  It has "the smallest type you can imagine and you unfold it like a map," he said. "It is a problem," he added, "because the legal system obviously is to blame for that." Providing too much information defeats the purpose of disclosure, since no one reads it, he said. "What the answer is," he said, "I don't know."
</i></blockquote>
Well, that's comforting.  Of course, I'm less interested in "the answer" to all that small type, and more interested in the answer to the question of how those things can be considered legally binding when even the Chief Justice of the Supreme Court doesn't read them...<br /><br /><a href="http://www.techdirt.com/articles/20101021/02145811519/supreme-court-chief-justice-admits-he-doesn-t-read-online-eulas-or-other-fine-print.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101021/02145811519/supreme-court-chief-justice-admits-he-doesn-t-read-online-eulas-or-other-fine-print.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101021/02145811519/supreme-court-chief-justice-admits-he-doesn-t-read-online-eulas-or-other-fine-print.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>so-why-are-they-binding?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101021/02145811519</wfw:commentRss>
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<pubDate>Thu, 14 Oct 2010 23:11:25 PDT</pubDate>
<title>If Even The Best Legal Minds Don't Read Boilerplate Contracts... Why Are They Considered Binding?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101001/14083711252/if-even-the-best-legal-minds-don-t-read-boilerplate-contracts-why-are-they-considered-binding.shtml</link>
<guid>http://www.techdirt.com/articles/20101001/14083711252/if-even-the-best-legal-minds-don-t-read-boilerplate-contracts-why-are-they-considered-binding.shtml</guid>
<description><![CDATA[ <a href="http://twitter.com/InternetLaw/statuses/26100145579" target="_blank">Michael Scott</a> points us to a discussion noting that famed circuit court judge Richard Posner has admitted that <a href="http://abovethelaw.com/2010/06/do-lawyers-actaully-read-boilerplate-contracts-judge-richard-posner-doesnt-do-you/" target="_blank">when he recently took out a mortgage, he didn't bother reading the legal language</a>, which leads to stories of many other lawyers admitting they don't bother reading the legal language of many of the things they sign.  And yet... those things are still considered binding.  I think most people realize that the language of such things will almost never actually matter, but of course, when it does matter, it <i>really</i> does matter.  And, of course, that leads to a general question: why do we even bother with all this ridiculous legal language if no one's <i>really</i> agreeing to it?<br /><br /><a href="http://www.techdirt.com/articles/20101001/14083711252/if-even-the-best-legal-minds-don-t-read-boilerplate-contracts-why-are-they-considered-binding.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101001/14083711252/if-even-the-best-legal-minds-don-t-read-boilerplate-contracts-why-are-they-considered-binding.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101001/14083711252/if-even-the-best-legal-minds-don-t-read-boilerplate-contracts-why-are-they-considered-binding.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-wondering</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101001/14083711252</wfw:commentRss>
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<pubDate>Fri, 10 Sep 2010 15:36:54 PDT</pubDate>
<title>Lawyer Sues Opposing Lawyer For Defamation</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100908/17552510948.shtml</link>
<guid>http://www.techdirt.com/articles/20100908/17552510948.shtml</guid>
<description><![CDATA[ You don't see this one every day.  A lawyer is <a href="http://www.abajournal.com/news/article/lawyer_files_defamation_suit_against_opposing_counsel/" target="_blank">suing the opposing lawyer</a> in a high profile controversial case about a teenaged runaway, claiming that the opposing lawyer defamed him, by saying in a TV interview that he was "unqualified" and "that he has terrorist ties."  While the latter clearly could be defamatory (the former might be... but seems more like a statement of opinion, not fact), it does make you wonder if such a lawsuit really is effective in preventing "damage to his reputation."  I would think that most people would recognize the statements in context, rather than automatically assuming they were true.<br /><br /><a href="http://www.techdirt.com/articles/20100908/17552510948.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100908/17552510948.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100908/17552510948.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>careful-what-you-say</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100908/17552510948</wfw:commentRss>
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<pubDate>Fri, 3 Sep 2010 04:00:11 PDT</pubDate>
<title>Lawyer Ranking Site Avvo Sued By Another Upset Lawyer</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100901/04070010850.shtml</link>
<guid>http://www.techdirt.com/articles/20100901/04070010850.shtml</guid>
<description><![CDATA[ We've seen plenty of stories of review or ranking sites that get sued by people upset about their reviews, but one such site that seems to get extra special attention is Avvo -- and that's because it's a ranking and review site for <i>lawyers</i>.  Soon after the site was launched a few years back, it <a href="http://www.techdirt.com/articles/20070611/085909.shtml">was sued</a> -- leading a judge to <a href="http://www.techdirt.com/articles/20071220/010156.shtml">dismiss the suit</a>, pointing out that rankings are opinions and opinions are protected by that old First Amendment thing.  However, it appears another lawyer is <a href="http://www.techflash.com/seattle/2010/08/lawyer_sues_avvo_for_defamation_over_poor_online_rating.html" target="_blank">suing the site, claiming libel</a> among other things.
<br /><br />
Avvo <a href="http://avvoblog.com/2010/08/31/avvo-sued-by-joe-davis-tampa-st-petersburg-lawyer/" target="_blank">hit back in a blog post</a> highlighting some history that the lawyer in question, Joe Davis, probably doesn't want to generate any more attention (such as being "twice convicted and spent eight days in the pokey") and suggesting that it's the desire to hide this info that is the real reason behind the lawsuit.
<br /><br />
So, how does Davis try to get around the whole "opinion/free speech" thing?  Well, he tries to find some factual errors in his profile -- such as the page claiming that he practices "100% employment/labor law," which is apparently not the case.  That said, it's difficult to see how such an error amounts to libel.  Also, apparently Avvo has the wrong address, which Davis suggests is a "misrepresentation."  He also claims that Avvo's "failure to take into account" Davis' Board Certification (which is mentioned over and over and over and over again in the complaint as if that, alone, conquers all) is a "misrepresentation" as well. 
<br /><br />
From there, Davis suggests that various fluctuations he saw in his ratings over a period of a few days "obviously occurred based solely" on his "level of participation" on the site, rather than "what is in the public record."  Davis also gets upset that his profile points people to other, competing lawyers, and claims that Google forbids a similar practice.  Unfortunately, I believe Davis is simply wrong on this point:
<blockquote><i>
Google's AdWords' policies prohibit AdWords users from doing the very same thing that Avvo.com does--that is, to hijack a competitor's name as a key search word to trigger the appearance of a competitor's ad next to the competitor's search results.
</i></blockquote>
But Google actually does allow that and has fought an awful lot of lawsuits that it's usually won, saying that such a practice is perfectly legal.  In fact, Google just recently changed its <a href="http://www.nasdaq.com/newscontent/20100805/google-changes-adwords-policy-in-europe.aspx?storyid=19919811" target="_blank">European policy</a> to have it match the US policy in allowing greater use of trademarked terms in AdWords.
<br /><br />
There's also a suggestion that by using Davis' photo from his own website, Avvo may have violated copyright and local Florida statutes on using images of lawyers.  The full complaint is a bit rambling, and at times rather informal, which makes for some fun reading, but seems like the sort of thing that a judge might not appreciate:
<center>
<object id="_ds_52936752" name="_ds_52936752" width="560" height="550" type="application/x-shockwave-flash" data="http://viewer.docstoc.com/"><param name="FlashVars" value="doc_id=52936752&#038;mem_id=715794&#038;doc_type=pdf&#038;fullscreen=0&#038;allowdownload=1&#038;showrelated=0&#038;showotherdocs=0" /><param name="movie" value="http://viewer.docstoc.com/"/><param name="allowScriptAccess" value="always" /><param name="allowFullScreen" value="true" /></object>
</center><br /><br /><a href="http://www.techdirt.com/articles/20100901/04070010850.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100901/04070010850.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100901/04070010850.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-avvo-hits-back</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100901/04070010850</wfw:commentRss>
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<pubDate>Fri, 9 Jul 2010 15:57:48 PDT</pubDate>
<title>Lawyers Doing Real Time Jury Googling</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100709/02564710148.shtml</link>
<guid>http://www.techdirt.com/articles/20100709/02564710148.shtml</guid>
<description><![CDATA[ There have been questions lately about whether or not it makes sense for <a href="http://www.techdirt.com/articles/20100204/0125048040.shtml">jurors</a> and <a href="http://www.techdirt.com/articles/20100322/1900088663.shtml">judges</a> to use Google in the court of a trial, but what about lawyers?  Obviously, they can use Google in general, but <a href="http://www.abajournal.com/magazine/article/tech_check" target="_blank">what about in court to do instant Google background checks on potential jurors</a>.  That ABA Journal article notes that lawyers are increasingly making use of the tools to learn about jurors as quickly as possible:
<blockquote><i>
"Last month I had 50 jurors, and as the court clerk read out the names, I had two people in the courtroom and a third person back at the office, with all three of them doing research," says Kiesel, a partner with Kiesel, Boucher &#038; Larson. Junior lawyers also assisted, and Kiesel estimates the social media research for that case cost less than $5,000.
</i></blockquote>
Apparently, in that case, the Google searches turned up some relevant points that caused a juror they otherwise would have accepted to get rejected.  However, the article notes that jurors might get creeped out knowing that lawyers were immediately checking them out on Google, and wonders if judges may crack down on the practice (the lawyer quoted in the article insists that there would be no legal basis for a crackdown...).  I can't see why it's really a problem.  It's not really a privacy issue since they're looking up public information.  Either way, it's yet another example of how basic search technology is showing up in the courtroom more and more, even if the courts aren't fully ready for it...<br /><br /><a href="http://www.techdirt.com/articles/20100709/02564710148.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100709/02564710148.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100709/02564710148.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-for-judges-and-juries...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100709/02564710148</wfw:commentRss>
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<pubDate>Fri, 26 Mar 2010 12:40:00 PDT</pubDate>
<title>North Face Lawyers Try To Drag South Butt Family Through The Mud</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100326/0342358730.shtml</link>
<guid>http://www.techdirt.com/articles/20100326/0342358730.shtml</guid>
<description><![CDATA[ We've been covering the bizarre and somewhat ridiculous fight that The North Face is putting up against a kid who created a parody line of clothing called The South Butt.  You can read through the <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082%3Acx0qff-dnm1&#038;cof=FORID%3A9&#038;ie=ISO-8859-1&#038;q=south+butt">previous stories</a> if you haven't been following this, but at its most basic, this is a trademark dispute.  The North Face is claiming trademark infringement, and in doing so, demonstrating that it has no sense of humor.  However, the latest legal shenanigans from the lawyers representing The North Face are bordering on cruel.  In early depositions, it appears that they are trying to drag the names of the kid who created The South Butt and his father (Jimmy and James Winklemann) through the mud by digging up any kind of dirt on them that they can.
<br /><br />
<a href="http://twitter.com/joemullin/statuses/11076409002" target="_blank">Joe Mullin</a> points us to the news of a <a href="http://www.law.com/jsp/article.jsp?id=1202446785206" target="_blank">contentious deposition of the father</a>, where The North Face's lawyers started bringing up a variety of old business partnerships, including one with someone who had pleaded guilty to stealing money from clients.  What that has to do with your everyday trademark dispute is not clear, but it certainly angered the father (and also resulted in claims of a conflict of interest, in that the same law firm had apparently been involved with that former business partner in some manner).
<br /><br />
Then there's the younger James (better known as Jimmy), and here the North Face lawyers chose to <a href="http://www.courthousenews.com/2010/03/17/25631.htm" target="_blank">ask him about being charged as a minor for possessing alcohol</a> at a party last fall, as well as being arrested for having a small amount of marijuana (a charge that was later changed to littering).  Jimmy admits that this was embarassing, since his father was unaware of these minor infractions, but he ended up confessing to his father before the news of the deposition came out.
<br /><br />
But, honestly, what is up with The North Face?  They never should have filed this lawsuit in the first place, as it only makes them look like a bunch of bullies.  If they were really concerned about protecting the trademark from being considered generic, why not give the kid a super cheap license and enjoy people finding the whole thing amusing.  Instead, they're not just aggressively suing this kid, but bringing up a whole bunch of totally unrelated things to try to embarass both the son and his father.  The North Face has gone from just being big corporate bullies to being out and out obnoxious jerks.<br /><br /><a href="http://www.techdirt.com/articles/20100326/0342358730.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100326/0342358730.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100326/0342358730.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-bit-aggressive</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100326/0342358730</wfw:commentRss>
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<pubDate>Tue, 16 Mar 2010 15:51:00 PDT</pubDate>
<title>Davenport Lyons Lawyers Referred To Disciplinary Tribunal Over 'Pay Up Or We'll Sue' Copyright Threat Letters</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100315/1119348568.shtml</link>
<guid>http://www.techdirt.com/articles/20100315/1119348568.shtml</guid>
<description><![CDATA[ A few years back, UK law firm Davenport Lyons made a splash by <a href="http://www.techdirt.com/articles/20080714/1551101673.shtml">sending out a ton</a> of "pre-settlement" letters to people accused of file sharing, threatening to sue them if they didn't pay a few hundred pounds.  The law firm used a <a href="http://www.techdirt.com/articles/20080822/0253412061.shtml">default judgment</a> (i.e., a case where the defendant didn't show up) to claim that it had the law on its side and would sue and win.  Of course, an investigation into the thousands of letters being sent found that plenty of <a href="http://www.techdirt.com/articles/20081030/0222502686.shtml">innocent bystanders</a> were being sent those letters as well -- which certainly raised all sorts of questions about the legitimacy of the effort.  The negative publicity resulted in some high profile Davenport Lyons customers <a href="http://www.techdirt.com/articles/20081201/0233572982.shtml">backing out</a> of their relationship, and eventually a new entity <a href="http://www.techdirt.com/articles/20090508/1944054795.shtml">called ACS:Law to pop up</a> to continue the effort -- though, an investigation found that the documents used by ACS:law were created by Davenport Lyons.
<br><br>
Despite many calls for sanctions against the lawyers for taking part in an effort that has remarkable similarities to a traditional shakedown scheme, there had been little response from regulators.  However Marcus alerts us to the news that <a href="http://www.lawgazette.co.uk/news/two-solicitors-accused-over-file-sharing-bully-tactics" target="_blank">two Davenport Lyons lawyers have now been referred to the Solicitors Disciplinary Tribunal</a> by the Solicitors Regulation Authority.  I'm not quite sure how this process works in the UK, but it seems like it's about time that someone was checking in on these activities.<br /><br /><a href="http://www.techdirt.com/articles/20100315/1119348568.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100315/1119348568.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100315/1119348568.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shakedown</slash:department>
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