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Blawg IT

Blawg IT
Ongoing discussion of legal aspects of the online world. Blawg IT analyzes the very latest patent, copyright, trademark and licensing issues that affect you and your company. Blogging since 2003, Brett Trout is a registered patent attorney and author
Articles: 1, 2, 3, 4, 5, 6, 7

Articles

Have Large Law Firms Met Their Waterloo?
2009-01-14 18:48:00
The list of large law firms laying off lawyers and support staff is snowballing. As one commentator put it “when times are so lean that the frivolous money-wasting starts to detract from desired partner distributions, then firms start to cut the crap and make some real business decisions.” At the same time large law firms ...
More About: Waterloo , Firms , Large
Have Large Law Firms Met Their Waterloo?
2009-01-14 18:48:00
The list of large law firms laying off lawyers and support staff is snowballing. As one commentator put it “when times are so lean that the frivolous money-wasting starts to detract from desired partner distributions, then firms start to cut the crap and make some real business decisions.” At the same time large law firms ...
More About: Waterloo , Firms , Large
Ten Things You Did Not Know About Patents
2009-01-06 22:32:00
There are very few things people have heard more, but know less, about than patents. Nearly every infomercial touts its product as “patented” or “patent pending,” but what does that mean? Are patents easy to get? If you change 25 percent of the invention, can you avoid infringing a patent? When is a patent “pending”? Misinformation ...
More About: Things , Patents
Ten Things You Did Not Know About Patents
2009-01-06 22:32:00
There are very few things people have heard more, but know less, about than patents. Nearly every infomercial touts its product as “patented” or “patent pending,” but what does that mean? Are patents easy to get? If you change 25 percent of the invention, can you avoid infringing a patent? When is a patent “pending”? Misinformation ...
More About: Things , Patents
Defamation 2.0
2009-01-02 18:40:00
Defamation Defamation is defined by state laws, which vary from state to state. Generally, defamation is defined as a false, published statement, which harms someone’s reputation. It is these three elements: Falsity, Publication and Harm, which qualify a statement as defamatory. Written defamatory statements are referred to as Libel, and spoken defamatory ...
More About: Defamation
Defamation 2.0
2009-01-02 18:40:00
Defamation Defamation is defined by state laws, which vary from state to state. Generally, defamation is defined as a false, published statement, which harms someone’s reputation. It is these three elements: Falsity, Publication and Harm, which qualify a statement as defamatory. Written defamatory statements are referred to as Libel, and spoken defamatory ...
More About: Defamation
Defamation 2.0
2009-01-02 18:40:00
Defamation Defamation is defined by state laws, which vary from state to state. Generally, defamation is defined as a false, published statement, which harms someone’s reputation. It is these three elements: Falsity, Publication and Harm, which qualify a statement as defamatory. Written defamatory statements are referred to as Libel, and spoken defamatory ...
More About: Defamation
Can you resell your MP3s?
2008-12-18 21:14:00
Under the “First Sale” doctrine, you can resell copyrighted material, such as books, CDs and DVDs without violating US copyright law. But what about MP3s? While copyright law appears to give you the right to resell legitimately purchased MP3s, according to a recent post on ARS Technica, it does not seem to allow you to ...
Can you resell your MP3s?
2008-12-18 21:14:00
Under the “First Sale” doctrine, you can resell copyrighted material, such as books, CDs and DVDs without violating US copyright law. But what about MP3s? While copyright law appears to give you the right to resell legitimately purchased MP3s, according to a recent post on ARS Technica , it does not seem to allow ...
Social Media Accountjacking
2008-12-14 01:12:00
Social Networking Social networking refers to a group of individuals who make connections, or “networks” within the group, typically online. Social networks you might be familiar with include: Twitter , Facebook and MySpace . Social networks develop around commonalities, such as a geographic location or a profession. Some individuals and companies may even monetize their ...
More About: Social , Media
Social Media Accountjacking
2008-12-14 01:12:00
Social Networking Social networking refers to a group of individuals who make connections, or "networks" within the group, typically online. Social networks you might be familiar with include: Twitter , Facebook and MySpace . Social networks develop around commonalities, such as a geographic location or a profession. Some individuals and companies may even monetize their ...
More About: Social , Media
Judges Handing Down Hard Time For CyberCrime
2008-12-09 22:40:00
Everyone knows that hacking into an ex-employer’s computer network, shutting down the email system and deleting core files will land you in prison. Federal laws were designed to catch these types of hackers and put them away. But what about you? Have you every violated any of the dozens of federal laws governing computer and ...
More About: Time , Hard , Judges , Cybercrime
Judges Handing Down Hard Time For CyberCrime
2008-12-09 22:40:00
Everyone knows that hacking into an ex-employer’s computer network, shutting down the email system and deleting core files will land you in prison. Federal laws were designed to catch these types of hackers and put them away. But what about you? Have you every violated any of the dozens of federal laws governing computer and ...
More About: Time , Hard , Judges , Cybercrime
Lori Drew aquitted of felony charges in MySpace suicide case
2008-11-27 00:11:00
After three days of witness testimony in a Los Angeles courtroom, jurors acquitted 49 year old Missouri mother Lori Drew of felony charges under the Computer Fraud and Abuse Act. Drew had been charged with running a phony MySpace page where Drew allegedly adopted the persona of a 16 year old boy. The fictitious boy ...
More About: Myspace , Suicide , Case , Felony
Lori Drew aquitted of felony charges in MySpace suicide case
2008-11-27 00:11:00
After three days of witness testimony in a Los Angeles courtroom, jurors acquitted 49 year old Missouri mother Lori Drew of felony charges under the Computer Fraud and Abuse Act. Drew had been charged with running a phony MySpace page where Drew allegedly adopted the persona of a 16 year old boy. The fictitious boy ...
More About: Myspace , Suicide , Case , Felony
Do I Need a Patent?
2008-11-13 19:50:00
What is a Patent ? A patent is a legal document which allows you to stop other people from making using or selling your invention without paying you a royalty. What Can I Patent? While there are special types of patents offering limited protection, such as plant patents and design patents, when people speak of patents, they are typically ...
Do I Need a Patent?
2008-11-13 18:50:00
What is a Patent ? A patent is a legal document which allows you to stop other people from making using or selling your invention without paying you a royalty. What Can I Patent? While there are special types of patents offering limited protection, such as plant patents and design patents, when people speak of patents, they are typically ...
Ignite Des Moines Tonight!
2008-11-06 17:08:00
Social Networking 2.0Over the past year, Social Networking has taken the Internet by a storm. In its simplest form, social networking is an online cocktail party revolving around a common theme, interest or medium.  One of the hottest tools for exploiting the benefits of social networking is Twitter . Twitter is a Web site which allows ...
More About: Tonight , Ignite , Des Moines , Moines
Ignite Des Moines Tonight!
2008-11-06 17:08:00
Social Networking 2.0Over the past year, Social Networking has taken the Internet by a storm. In its simplest form, social networking is an online cocktail party revolving around a common theme, interest or medium.  One of the hottest tools for exploiting the benefits of social networking is Twitter . Twitter is a Web site which allows ...
More About: Tonight , Ignite , Des Moines , Moines
SPU - A Solo Practitioner?s Dream
2008-11-02 23:35:00
The Times They Are a Changin’ As little as twenty years ago, starting a solo law practice was tough. Starting a solo practice in a niche area, such as intellectual property, was next to impossible. The huge number of costly resources needed to effectively compete as a solo in a market of 800 pound gorillas, put ...
More About: Solo , Dream
SPU - A Solo Practitioner?s Dream
2008-11-02 23:35:00
The Times They Are a Changin’ As little as twenty years ago, starting a solo law practice was tough. Starting a solo practice in a niche area, such as intellectual property, was next to impossible. The huge number of costly resources needed to effectively compete as a solo in a market of 800 pound gorillas, put ...
More About: Solo , Dream
More on Bilski and Business Method Patents
2008-10-31 23:17:00
Since yesterday’s post on the future of business method patents, bloggers of all shapes and sizes have been waxing philosophic on the impact of the recent ruling in In re Bilski. Some of the more cogent commentaries from intellectual property lawyers can be found at IP Law & Business , PatentlyO, and The Patent Baristas. For a ...
More About: Patents , Method
More on Bilski and Business Method Patents
2008-10-31 22:17:00
Since yesterday’s post on the future of business method patents, bloggers of all shapes and sizes have been waxing philosophic on the impact of the recent ruling in In re Bilski. Some of the more cogent commentaries from intellectual property lawyers can be found at IP Law & Business , PatentlyO, and The Patent Baristas. For a ...
More About: Patents , Method
Federal Circuit Rejects Business Method Patents
2008-10-30 19:18:00
The Court of Appeals for the Federal Circuit (CAFC) is pretty much the “supreme court” of patents. While the real Supreme Court has granted certiori to a handful of cases appealed from the CAFC, that is certainly the exception, rather than the rule. Earlier today, the CAFC handed down its most momentous decision since it ...
More About: Business , Patents , Method
Obama vs McCain: Courting The Tech Vote
2008-10-30 14:47:00
With the arrival of presidential candidate Barack Obama in Des Moines tomorrow, I thought it might be a good time to take a look the candidate’s positions on technology issues. Amidst all the online punditry over presidential candidates, there is very little actual insight into the candidates’ positions on technology, and how these positions will ...
More About: Tech , Vote
Ethical Risks of Online Communications
2008-03-11 19:47:00
I am honored to be one of the presenters tomorrow for Strafford's continuing legal education program - Ethical Risks of Online Communications by Law Firms, Websites, Blogs and Online Networking:Staying on the Right Side of the Ethics Line. Two other panelists will be joining me for the live 90 minute presentation tomorrow at noon: John Steele, Ethics and Conflicts Director and Special Counsel, Fish & Richardson, Silicon Valley, Calif. He is responsible for conflicts of interest and ethics particular to IP law practice. He is a lecturer in legal ethics at Boalt Hall School of Law at the University of California–Berkeley. Diane Karpman, Partner, Karpman & Associates, Los Angeles. She defends lawyers in attorney discipline and regulatory proceedings before the state bar and in court. She is frequently retained as an expert witness in legal malpractice actions. Even more important than the panel presentation will be the live question and answer session connecting over fifty different...
Pwnage as Game Developer Attempts Jedi Mind Trick
2008-03-07 17:13:00
[Remember, for the most recent BlawgIT postings, visit www.blawgit.com]Attorney Eric Menhart, the guy who tried to register the trademark CyberLaw, does not appear to the only trademark altruist out there. According to bit-tech.net, Finnish game developer Futuremark Oy is attempting to register the trademark pwnage. To be fair, they are only trying to monopolize the trademark as used in association with:Computer game software for communication devices; computer game software and computer game programs enabling users to play games with mobile phones and personal digital assistants; computer software and programs enabling users to communication devices to simultaneously access databases and global computer networks; software enabling transfer of data between mobile communication apparatus; computer game software; computer game programs; computer game discs; interactive multimedia computer game program; downloadable ring tones, graphics and music via global computer network and wirele...
More About: Developer , Trick , Mind , Game , Jedi
And You Thought That Ferrari Was Yours?
2008-03-06 17:28:00
[Remember, for the most recent BlawgIT postings, visit www.blawgit.com]You buy a Ferrari and its yours right? Not according to Ferrari. Limousine builder Dan Cawley not only purchased a Ferrari 360 Modena, but he claims when he asked Ferrari if they cared if he modified the street legal race car into the fastest limo on the planet. Cawley says Ferrari told him he could do what he wanted, the car was his.£200,000 in modifications later, Ferrari is now arguing that to keep the Ferrari badging on the car is an infringement of Ferrari's trademarks. This should come as quite a shock to all you tuners and modifiers out there. Ferraris are apparently more like a porcupines than anyone previously thought. For the full story, check over at the Daily Mail. Brett Trout
More About: Thought
Patent Lawyer Porn
2008-03-06 17:26:00
[Remember, for the most recent BlawgIT postings, visit www.blawgit.com]Due to a minor glitch in switching this blog over from Blogger to WordPress, I inadvertently cross-referenced the "Does your Lawyer Trust You?" post with the "Who Surfs This Much Porn?" post. As a result, a Google search for the term patent lawyer porn now lists me as the number one search result. I would, therefore, like to apologize to any of you arriving here actually looking for patent lawyer porn. As a consolation, however, I have already submitted you for inclusion in the next edition of the Diagnostic and Statistical Manual of Mental Disorders. As conditions of my parole release prevent me from posting anything that even remotely approximates patent lawyer porn, the best I can do is to direct you to this list of rather strange patents. I would also like to recommend several of this week's Blog Carnivals, all of which include patent attorneys. I can just imagine their excitement over their carnival's aff...
More About: Patent
Does Your Lawyer Trust You?
2008-03-05 18:45:00
Seems like a strange question Everyone talks about whether they can trust their lawyers, but who ever hears lawyers talking about trusting their clients? One reason you do not hear much about it is that you do not spend enough of your free time hanging around lawyers (you may want to consider taking up polo and/or Alpine skiing). Another reason is that even if a lawyer does not trust a client, the attorney/client relationship prevents disclosure of the sordid details. Still another reason is that some lawyers see not being able to control a client as a sign of weakness. Probably the biggest reason why you do not hear much about it, however, is that either way, it is the client, and not the attorney that bears the brunt of the distrustful relationship.You do not want to be distrustedWe are not talking about lying. If you blatantly lie to your attorney, your attorney finds out and decides to keep you as a client, I would have serious reservations about continuing to engage a lawyer wh...
More About: Lawyer , Trust
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