Entries from April 2008

Wednesday, April 30th, 2008

“Fair use is one of the most frustratingly wishy-washy areas of entertainment law.”

Thus sayeth the Hollywood Reporter, which took some time away from boffo box office today to discuss the Harry Potter Lexicon lawsuit. (Hat tip: Erik Sherman’s WriterBiz.) I am interested in this both as a writer and as an occasional follower of IP law. I believe a certain commenter to this blog has told me […]

Tuesday, April 29th, 2008

Yet another school Bible club hits the Ninth

I never really got over the “limited civil liberties” aspect of high school, so the Ninth Circuit opinion in Truth v. Kent School District caught my eye. The truth isn’t suing; rather, members of a proposed Bible study club called Truth sued their high school in the State of Washington because the student government there […]

Monday, April 28th, 2008

Two quick links: The Ninth Under Fire

One post, from the Ninth Circuit Blog, has to do with the Ninth’s April 21 decision in United States v. Arnold. If this post is accurate — I doubt they’re lying, but I won’t have time today to read the whole decision — it seems that the government is free, at least in this circuit, […]

Friday, April 25th, 2008

New Adventures in IP

This time, I have a good excuse for my silence: I just spent a week in the Bay Area. Not that they lack for internet access up there, but travel is a bit disruptive. However, while I was there, I had the good fortune to meet with Justia, a quasi-client (I don’t exactly work for […]

Tuesday, April 15th, 2008

When they break down your front door, how ya gonna come?

A friend has just sent me a highly amusing response to a cease-and-desist letter (patent and trademark infringement). The recipient believes it’s a frivolous claim and draws on 19 years of litigation experience with which to say so. It’s on Consumerist and therefore probably all over the Internet, but let me just give you a […]

Tuesday, April 8th, 2008

Likelihood of Confusion: SEM and spinal support devices

Today, I turn to a subject near and dear to the modern freelancer’s heart: search engine marketing. Well, more specifically, metatags, which are tags you put in your Web page to tell search engines what your page is about. Or in some cases, to lie about it to drive up traffic. That’s the basis of […]

Friday, April 4th, 2008

Choosing roommates blindly with the Ninth

As soon as I cracked open the paper this morning and saw the article on Roommates.com, I knew I had missed a large and thorough post on the subject by Prof. Eric Goldman of Santa Clara. Yup; there it is. I am referring to Fair Housing Council of San Fernando Valley v. Roommates.com, a Ninth […]

Friday, April 4th, 2008

More industry navel-gazing on billable hours

Law21’s Jordan Furlong made a great post today on “work/life balance,” both the concept itself and the way the legal industry looks at it. Unlike most people who talk about this issue, he took the trouble to distinguish between billable hour requirements themselves and the market forces behind them — concluding that the problem isn’t […]

Wednesday, April 2nd, 2008

NO CERT FOR [power chords power chords] GENTRY!!

That excitement isn’t me; it’s 2/3 the Beastie Boys and 1/3 the blogosphere. Gentry, for those of you not watching employment law, is Gentry v. Superior Court (Circuit City), a California case about employment arbitration. Our very own state Supreme Court said that employee contracts waiving the right to class-action arbitration are sometimes unenforceable (regardless […]