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6 Feb 2009, 4:20 pm
 Let me explain in greater detail why I not only think Shepard Fairey will prevail in the lawsuit AP has brought against him for copyright infringement, but also why I think it isn't even a close case. [read post]
3 Nov 2008, 8:13 pm
Nobody living can ever stop me, As I go walking that freedom highway; Nobody living can ever make me turn back This land was made for you and me. [read post]
11 Dec 2008, 8:08 am
Justices Scalia and Thomas have argued that the the Supreme Court should not even refer to foreign law in justifying and explaining its decisions (except perhaps in interpreting treaties), because it would violate the original intent of the Framers. [read post]
1 May 2009, 2:33 pm
Let me repeat the immortal (and utterly unoriginal) words of The KLF as memorialized in The Manual (How to have a Number One the Easy Way): Every Number One song ever written is only made up from bits from other songs. [read post]
19 May 2009, 5:39 am
From Law.com: “Miami-Dade Circuit Judge Scott Silverman declared a mistrial in a civil fraud case Wednesday after being informed a witness on the stand in his courtroom had engaged in text-messaging while the judge spoke with attorneys during a sidebar conference. [read post]
20 May 2009, 5:57 am
I’m always arguing with my father over the fall of the old media — he doesn’t understand how its necessary functions (like reporting on governmental and corporate corruption) will be replaced, especially how they will be paid for. [read post]
19 May 2009, 9:09 am
The “chief” rabbi of the Torah and Land Institute in Israel has reversed the ruling he made last week and now has determined that strawberries are kosher despite the presence of tiny insects and insect parts on them: During a class he gave last Thursday at the hesder yeshiva in Karnei Shomron, Rabbi Amar explained that “the Torah prohibits the consumption of insects that can be seen with the naked eye, and does not ban eating bugs that can only be spotted through a… [read post]
19 May 2009, 10:13 am
In defending an individual against liability for downloading music via peer-to-peer networks, Harvard Law Professor Charles Nesson apparently is going to argue that his client’s activities constitute fair use of the copyrighted music. [read post]
25 Feb 2009, 3:31 am
Mark Twain on “originality”: Old Man: Whatsoever a man is, is due to his make, and to the influences brought to bear upon it by his heredities, his habitat, his associations. [read post]
11 Dec 2008, 7:32 pm
In Bad Lawyers in the Movies, Michael Asimow reflects on the ways movies have depicted lawyers over the years: In years past, film and television presented us with a set of lawyers who were decent people and honest, competent professionals - sometimes even heroes. [read post]
10 Apr 2009, 8:48 am
Today’s Wall Street Journal Law Blog has a post that nicely summarizes the varyious views on the impact of individual lawsuits on corporate behavior. [read post]
12 Mar 2009, 9:35 am
Gerry Spence on one of the secrets of his enormous success: [read post]
24 Apr 2009, 2:47 am
Determining whether the use of someone else’s trademark is a non-infringing fair use does not involve an analysis identical to determining whether the use of someone’s copyrighted work is a fair use, but there are significant similarities. [read post]
30 Apr 2009, 10:58 am
Archaeology reports on the unforeseen consequences of “the emergence of eBay, the Internet auction site that, among other things, lets people sell looted artifacts. [read post]