December 29, 2024

LawMeme's "Law School in a Nutshell"

LawMeme is running a wonderful continuing feature, written by James Grimmelmann, to teach non-lawyers, and especially techies, how to read a legal brief:

Future lawyers spend three years in law school learning how to read and write legalese, but what serious geek has that kind of time to spare? This series will cover the basics of Legal; by the end of it, you should be ready to pick up a legal brief and know what’s going on and how to find out more.

To keep things close to reality, we’ll use as a case study a particularly important piece of recent legal writing: the good guys’ brief in Eldred v. Ashcroft. We’ll walk through the brief, seeing how the conventions of legal writing interact with the arguments Lessig and company are making.

If you’re at all interested in the topic, it’s well worth reading. (Part I; Part II; and more to come)

Garfinkel on Wireless Tags

Simson Garfinkel has an interesting short article in Technology Review about wireless tags. He advocates a sort of consumers’ bill of rights, that would protect people against being observed or tracked against their will.

Wireless tags are an important and potentially scary technology. As I’ve written before, I think we need more discussion of their implications.

Fritz's Hit List #10

Today on Fritz’s Hit List: the remote controlled fart machine.

When a remote control is pressed, this device emits one of five prerecorded fart noises. Because these noises are stored in digital form, the device qualifies for regulation as a “digital media device” under the Hollings CBDTPA. If the CBDTPA passes, any newly manufactured fart machines will have to incorporate government-approved copy restriction technology.

Fight piracy – regulate electronic whoopee cushions!

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I’m assuming here that the fart noises are copyrighted. If the noises have been engineered or chosen for their humor value, then they are probably copyrighted, whether or not the owner explicitly says so. Let’s pause for a moment to meditate on the sublimity of a legal system that can treat fart noises as intellectual property. Take your time; I’ll wait.

Welcome back! One more item of business: Thanks for suggesting this item go to brilliant reader Philip Cuff, who says he now regrets having released all of his farts into the public domain.

My Testimony on the Berman-Coble Bill

Today I submitted written testimony that will be included in the record of last week’s House hearings on the Berman-Coble bill.

Doubletalk from MediaDefender?

The Chronicle of Higher Education reports that MediaDefender has been sending cease-and-desist letters to universities, identifying the IP addresses of specific computers that are alleged to be offering copyrighted movies for download. These IP addresses usually correlate one-to-one with users.

One of the MediaDefender letters is reprinted in the Chronicle story. The letter says in part:

… we request that you immediately do the following:

1) Disable access to the individual who has engaged in the conduct described above; and 2) Terminate any and all accounts that this individual has through you.

This is not entirely consistent with the testimony given by Randy Saaf, MediaDefender’s president, at a Congressional hearing last week. Mr. Saaf’s written testimony said:

MediaDefender’s technologies only affect the networks on a macro-scale and not on a micro-scale. MediaDefender only communicates with the P2P networks on a high level and pays no attention to the individual users. We do not identify, nor target individuals.