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Legal Commentary

LawPundit

Covers Constitutional and Intellectual Property (copyrights, patents, trademarks) Law, Information Technology, Telecommunications, Internet and New Media, and business-related legal issues from a American and European perspective. Sports (especially college football), Lifestyle (especially the wine business), and Ancient History (especially Legal History)-- all from a broadly defined legal and evidentiary point of view-- round out the picture.
By Andis Kaulins

Post Frequency: 5.6/day

Last Entry: October 15, 2020 at 17:20:01

European Consumer Law: Behavioural Economics for Policy-Makers : Conference in Brussels, 22 November 2010

Posted on October 01, 2010
Recent developments in European Consumer Law: Behavioural Economics, so What: Should Policy-Makers Care? - conference in Brussels on 22 November 2010

An Informative Graphic on The State of the Blogosphere 2010 Infographic Style via Newstex : Japanese leads English as Top Blogging Language

Posted on October 01, 2010
An informative graphic on the The State of the Blogosphere 2010 Infographic Style at Newstex - Content On Demand. We added up the language percentages and they add up to 105%, which we presume is due to rounding. In any case, Japanese leads English as the top blogging language by those stats.

Who Runs New York? New York Magazine Tries to Tell Us but Falls a Bit Short

Posted on October 01, 2010
The October 4, 2010 issue of New York Magazine tells us on the cover story "Who Runs New York?".They came up with a flow chart which is interesting, but we find many -- perhaps more important -- people missing.We think the New York Mag flow chart can be viewed as the superficial surface of a New York City which at its core is run by people whose public profile is lower, but whose actual power is much greater...

New! WIPO Lex : Search for National Laws and Treaties on Intellectual Property (IP) of WIPO, WTO and UN Members

Posted on October 01, 2010
New since September 20, 2010 is WIPO Lex"WIPO Lex is a one-stop search facility for national laws and treaties on intellectual property (IP) of WIPO, WTO and UN Members. It also features related information which elaborates, analyzes and interprets these laws and treaties...

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YPPSYS College Football Predictions for Week 5 in FBS at SportPundit

Posted on October 01, 2010
YPPSYS College Football Predictions for Week 5 in FBS are up at SportPundit.

A Map of The New World Order, from Newsweek

Posted on September 27, 2010
Newsweek has a map of The New World Order pointing out that:"Across the world a resurgence of tribal ties is creating more complex global alliances. Where once diplomacy defined borders, now history, race, ethnicity, religion, and culture are dividing humanity into dynamic new groupings...

Professor Pamela Samuelson Writes that Copyright Law is in Need of an Upgrade to the Digital Age

Posted on September 27, 2010
Copyright law needs a digital-age upgrade is a San Francisco Chronicle article from Sunday, September 26, 2010 by Pamela Samuelson, "distinguished professor of law and director of the Berkeley Center for Law & Technology at UC Berkeley School of Law...

SCOTUS Justice Ruth Bader Ginsburg Profiled

Posted on September 27, 2010
Stephanie Francis Ward at the ABA Journal Law News Now profiles Ruth Bader Ginsburg as Wife, Mother & Gender Equity Advocate

The NACD Directorship 100: A Veritable Who's Who of American Corporate Governance

Posted on September 24, 2010
See The Directorship 100. Hat tip to Doug Cornelius.

Roll Call Quotes Obama on Tea Party Lack of Specific and Sensible Solutions to Curb Government Spending

Posted on September 23, 2010
See Jennifer Bendery at Roll Call and Obama: Tea Party Lacks Solutions to Curb Spending

Google's You Tube Video Service Says it has Won a Court Case in Spain in Copyright Infringement Action for Uploaded Copyright Infringing Videos

Posted on September 23, 2010
See the short report by Bloomberg News about YouTube copyright infringement liability for user-uploaded copyright-infringing videos at Google Says YouTube Service Wins Spanish Case Over Video-Copyright Breach.

Heavily Litigated Patents Win Seldom: Software Patents only 12.8% of cases, Patent Trolls (NPEs, non-practicing entities) only 9.2% of Cases

Posted on September 23, 2010
The strongly held idea that heavily litigated patents were somehow "more valuable" than non-litigated or seldom-litigated patents can safely be put to rest as the result of study just posted at SSRN on September 16, 2010 as Stanford Law and Economics Olin Working Paper No...

BCS Bowl Game Status as 501(c)3 Tax-Exempt Non-Profit Charities To Be Challenged

Posted on September 23, 2010
I am afraid that all of the misguided citizens -- especially those who have time to waste at "tea parties" -- who are talking about "tax cuts" are missing the more obvious solution to government financing -- and that is to tax those who SHOULD be taxed, rather then letting them operate as freebies under the system...

YPPSYS Week 4 College Football FBS Game Prognostications and post-Week 3 Ratings and Ranking are Up at SportPundit

Posted on September 22, 2010
Our YPPSYS post-Week-3 Division I-A FBS College Football Rating and Rankings are up at Sport Pundit and also our prognostications for the Week 4 games: see Ratings and Rankings Week 4 Game Prognostications We are going to be very busy the coming weeks so that it is possible that no ratings, rankings or prognostications will be issued for a number of weeks...

The Makropulos Case

Posted on September 22, 2010
The Makropulos Case

The End of Lawyers? - A New Book by Richard Susskind, plus Neil Rose at the Guardian on "Tweet Success" for Social Media Savvy Attorneys

Posted on September 22, 2010
Neil Rose at the Guardian in Tweet success awaits the savvy lawyer quotes Professor Richard Susskind in his new book The End of Lawyers?: 'Most lawyers that I speak to dismiss Twitter as yet another plaything for their children. Of what possible relevance, they inquire, could this possibly be for a senior legal practitioner?' writes Professor Richard Susskind in the new introduction to his highly regarded book The End of Lawyers?, which was published in paperback last week...

Possibly Inappropriate Facebook Ads on Pharma Facebook Pages Lead to Consequences

Posted on September 22, 2010
John Mack at the Pharma Marketing Blog faces off on against Pharma, Facebook, and Inappropriate Ads, apparently with success, as you can read at pharmaguy on twitter.

Patent Calls - The Science and Art of IP Research and Analysis - Pop-Up Warnings re ReExamined Patents? Take a Look

Posted on September 22, 2010
Patent Calls touts itself as the Science and the Art of IP Research and Analysis.Brian Beel at BeelJDPhD on Twitter writes about Patent Calls:"Like how reexamined patents have pop-up warning you to watch for claims."

Travel News: RyanAir Flights Affected : Frankfurt-Hahn Runway Closed for 3 Days from September 20, 2010 5 p.m. until September 23, 2010 12:30 p.m.

Posted on September 21, 2010
There will be no RyanAir flights at Frankfurt/Hahn due to resurfacing of the runway from 5 p.m. September 20 to 12:30 p.m. on September 23, 2010. The airport decided on this solution because the work could be done faster in the daylight hours of those days, rather than trying to do the job piecemeal at night over an extended period of time...

Is Your Favorite Football Team Infringing on a Spread Offense Patent or Copyright? The Confluence of Law and Sport Teaches Some Lessons in Patents

Posted on September 21, 2010
Freakonomics teaches us a a nice lesson about copyrights and patents and discusses Intellectual Property and Football.

Justice Breyer of SCOTUS and the U.S. Constitution: History is Too Uncertain for Originalism

Posted on September 21, 2010
See The Volokh Conspiracy on Breyer?s Approach to the Constitution

Patent Reform Act of 2010 Receives IPO Support

Posted on September 21, 2010
James DeGiulio at diffbot.com Patent Law reports that IPO Announces Support for Patent Reform Act of 2010.

Digital Evidence Cases and the Plain View Doctrine: A New Judicial Twist at the 9th Circuit Rehearing of the MLB (Major League Baseball) Drug Case

Posted on September 21, 2010
At Wired.com, David Kravets at Threat Level reports in Appeals Court Guts Landmark Computer-Privacy Ruling that the 9th Circuit rehearing of the Major League Baseball (MLB) drug case has resulted in a substantial legal shift from the ridiculous standard that court had pronounced a year ago concerning law enforcement rights to make computer searches under a search warrant...

Cloud Computing Limited in the European Union (EU) by Privacy Laws regarding Movement of Information

Posted on September 21, 2010
Kevin J. O'Brien reports at the New York Times that Cloud Computing Hits Snag in Europe as privacy laws put strict limits on movement of information beyond European Union (EU) borders. Hat tip to GigaLaw.com

YouTube Liable in Germany for Copyright Infringement by Users via Uploaded Content

Posted on September 21, 2010
At the Huffington Post see German Court Rules Against YouTube Over Copyright

The "onMouseOver" Incident at Twitter is Fixed: No Need to Change Passwords

Posted on September 21, 2010
We can NOT warrant that this is true - just in case it is not - but here is the info:Twitter Blog: All about the "onMouseOver" incidentTwitter writes at its TwitterBlog that the matter has been fixed and that more importantly:"there is no need to change passwords because user account information was not compromised through this exploit...

U.S. News Ranks Best Law Firms in the United States by Practice Areas Based on Answers to Questions in a Mailed Survey

Posted on September 21, 2010
U.S. News, based primarily on a mailed survey, ranked the best law firms in the United States: "A client survey was sent to 52,480 clients; a lawyer survey was sent to 43,900 lawyers, including every U.S. lawyer listed in Best Lawyers; surveys were sent to 2,314 marketing officers and 2,322 recruiting officers as well as to 8,597 firms without marketing- or recruiting-office contacts; and associate surveys were sent to 2,322 firm associates and 1,775 summer associates...

University of Chicago Law Professor Makes Ineffective Arguments Against Higher Taxes

Posted on September 21, 2010
There is an old saying that it is a fool who is his or her own lawyer. The logic behind that old saw is the answer to the question of "Who among us is objective about ourselves?" No one that I know. That is why it is foolish to argue on one's own behalf viz-a-viz society, because we simply do not view our situation the way that the rest of the world views us...

Internet Vendors and the Evolving Case Law re Online Sales

Posted on September 17, 2010
Taxation of Internet transactions can vary from State to State. For a detailed discussion see: Sales and Use Taxation of Internet Sales: The Evolving Case law (2009) by Pat Derdenger and Frank Crociata of Steptoe & Johnson LLP.

Copyright Law: Software Purchasers as Licensees Rather than Owners: EULAs and Limits on the First Sale Doctrine and the Essential Step Defense

Posted on September 17, 2010
At Fenwick & West LLP, Jennifer Stanley and Mitchell Zimmerman in Copyright Alert: I Bought It; I Own It?Or Do I? report on the September 10, 2010 U.S. Ninth Circuit Court of Appeals decision in Vernor v. Autodesk (9th Cir. No. 09-35969) holding that "a software user is a licensee rather than an owner of a copy of the software where the copyright owner (1) specifies that the user is granted a license; (2) significantly restricts the user?s ability to transfer the software; and (3) imposes notable use restrictions...

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