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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

Big Law Lawyers Charging $1000 per Hour and Up but Attorney Prices Have to be Balanced Against Costs of Living, the Price of Real Estate and Rents, and Legal Results

Posted on February 23, 2011
See More Top Lawyers Break Through $1,000 Hourly Billing Barrier by Debra Cassens Weiss at the ABA Journal. Most lawyers charge much less than that of course so that hourly billing rates may range widely from as low as $50 to over $1000 per hour. Partners charge more per hour, of course, while the work of associates for clients is charged at a substantially lower rate...

Patent Pending - What Does it Mean?

Posted on February 23, 2011
See Presumption of Validity at Patent Pending

Blogging offers Publishing Platform and Control ? Lawyerist

Posted on February 23, 2011
Blogging offers Publishing Platform and Control ? Lawyerist

LEGAL WRITING? Where Did the Letters Come From? Try SAMEKH: Hebrew? Phoenician? Arabic? You and the Written Word: The Origins of Writing, Mycenaean Greek, Minoan, Aegean, Elamite, Egyptian and Sumerian

Posted on February 23, 2011
I used to teach Legal Writing. Where Did the Letters Come From? How about SAMEKH? Hebrew? Phoenician? Arabic? Have you seen latest series by the Law Pundit on the origins of writing in Western Civilization? Here is a sample. There is first a scan of a "syllabic" grid table excerpt from the original Microsoft Word manuscript -- the links there are not clickable because it is one image...

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Pharmacy, Pharmacists and Legal Issues Relating to Prescription Errors and Pharmacy Misfills

Posted on February 21, 2011
Let us hope this does not happen very often, but it does happen. What are the legal aspects of pharmacy and the law? See The Legal Issues Surrounding Pharmacy Errors at the Legal Talk Network.

EDD: Electronic Data Discovery: Reasonably Accessible Metadata Must Accompany Documents Sent by Federal Agencies Responding to Freedom of Information Act Requests

Posted on February 20, 2011
At Fast Takes on Scheindlin's Latest Opinion The Common Scold informs us that: Shira U.S. District Court Judge Shira Scheindlin, perhaps the most influential jurist in the development of electronic data discovery protocols, has issued another opinion that has the EDD community a-flutter, ruling on Feb...

President Obama Meets with Internet Company Leaders about the Role of Social Media in Political Protests

Posted on February 20, 2011
The next thing you know they will be inviting bloggers like LawPundit to clear up the big picture. For the report see: LexisNexis

Online Privacy in a World of Social Networking in a Special Series at PBS MediaShift by Mark Glaser and Others

Posted on February 20, 2011
Five articles in the series by Peters, Hiar, Benkoil, Frazier, & Glaserand a 5Across debate with"Yahoo's Anne Toth, EFF's Lee Tien, California Office of Privacy Protection's Joanne McNabb, CNET's Declan McCullagh and Stanford's Ryan Calo. Hosted by Mark Glaser...

Ofcom ISP Code of Practice for Dealing with Internet Copyright Infringement to be Published Soon Pursuant to the UK Digital Economy Act

Posted on February 15, 2011
See Top10.com Broadband News which tells us that Ofcom 'to publish ISP copyright code in 6 weeks' as required by the UK Digital Economy Act.

Copyright Infringement: Are IP Addresses People? England and Wales Patent County Court Says P2P Illegal File Sharing Does Not Mean Subscriber Did It: But What About Imputed Liability?

Posted on February 15, 2011
At arstechnica.com Matthew Lasar refers to a problematical case in Court confirms: IP addresses aren't people (and P2P lawyers know it). His Honour Judge Birss QC points to the obviously trite fact that owning an IP address is not foolproof proof that the subscriber did it, analogizing to the ownership of a printer as no proof that the printer is being used for copyright infringement by the printer owner...

The Amazing Impact of Social Media: Google?s Wael Ghonim Thanks Facebook For Revolution In Egypt

Posted on February 11, 2011
Who would have thought that internet social media would have this kind of a political impact this fast? Jackie Cohen at AllFacebook.com writes that Google?s Wael Ghonim Thanks Facebook For Revolution Whatever one may think of the events in Egypt, there is no doubt that modern social media are quickly changing the political landscape...

For Patent Freaks: Google celebrates Thomas Edison's 164th birthday with inventive doodle | Tecca

Posted on February 11, 2011
For all the Patent Freaks: Google celebrates Thomas Edison's 164th birthday with inventive doodle | Tecca

Internet Security: Google's New Two-Factor Identification System Breaks Apps : Too Much of a Good Thing is Too Much

Posted on February 11, 2011
At ZDNet.com Jason Perlow in Google's two-factor authentication: nice idea, but unwieldy applauds the attempt to improve user authentification but says we should be careful what we wish for, as Google's new cell phone authenticator system for Google breaks many apps and makes daily utilization of it impossible for heavy users.

Facebook Pages Redesign Launch Takes Effect Today, February 11, 2011

Posted on February 11, 2011
Facebook has launched a redesign of its pages effective today, February 11, 2011.

Sports Law: Legal Issues and the NFL-CBA Negotiations

Posted on February 10, 2011
Law Professor Gabriel A. Feldman, Director of the Tulane Sports Law Program, has an article at the Huffington Post titled NFL Lockout: The Legal Issues Behind the NFL-CBA Negotiations. What fascinates this observer about the entire field of "amateur" (tongue-in-cheek term) and professional sports is the special niche that the legal system in America has -- in our opinion, erroneously -- carved out for sports, which, no matter how attracted one may be to sports, are still essentially business operations at their core...

A Valentine for the Legal Profession: Cover Story at the Magazine of ABA Journal: Why I Love Being a Lawyer

Posted on February 10, 2011
An interesting take on the legal profession at the February 2011 issue of the ABA Journal Magazine for those interested in the field of law or already immersed in it. Read: Why I Love Being a Lawyer

Multiculturalism Has Failed Says British Prime Minister David Cameron at a Security Conference in Munich

Posted on February 06, 2011
BBC News - PM: 'Multiculturalism has failed

Patent Baseline Royalty of 25% Thrown Out as Unreasonable By the Federal Circuit in Uniloc USA, Inc. v. Microsoft Corp., No. 2010-1035 (Fed. Cir., January 4, 2011)

Posted on February 06, 2011
We have not been writing much about patents in past months because we were appalled at the reasoning (not the decision) of the Supreme Court decision in Bilski, in a holding which merely continues the patent madness. A recent very important decision by the Federal Circuit, Uniloc USA Inc...

Law and the Written Word: The Origins of Modern Writing Systems in Syllabic Script: A Concordance of the Cypriot Syllabary, Linear B, Phaistos Disk, Elamite, Sumerian Pictographs, and Egyptian Hieroglyphs

Posted on February 06, 2011
This is the story of how writing came to Western Civilization -- and to the law. Don't miss it at LexiLine -- History of Civilization Ancient World Blog Lingwhizt Consider that David W. Packard, co-founder of Hewlett-Packard Co., wrote his dissertation on Minoan Linear A...

Regional EU Broadcast Blackouts for Sports Events Denied by the Advocate General of the European Court, Ruling in Favor of English Pub TV via Satellite

Posted on February 03, 2011
In an initial ruling on a case having broad implications for the broadcast of sports events in the European Union, FourFourTwo News in England headlines that the EU Court rules against satellite TV ban. Currently, similar to the broadcast practice of TV broadcasters in the United States, TV sports broadcasts in the European Union can be blacked out regionally to insure that fans attend the games in their region, rather than sitting in front of the TV at home, office or leisure...

The NFL, the Green Bay Packers and Publicly Owned Professional Sports Teams : Legality of Restraints in Trade on the Free Marketability of Businesses in Sports

Posted on February 01, 2011
The NFL is a sports franchise league consisting of 32 independent businesses, as clearly declared in last year's unanimous 9-0 U.S. Supreme Court decision in American Needle, Inc. v. N.F.L., No. 08-661, slip. op. at 1, 12, 560 U. S. ____ (2010). With one exception, all of the franchises are owned by wealthy private individuals or families...

Three U.S. Supreme Court Justices Play Hooky and Skip the U.S. President's State of the Union Address, thus Politicizing the Nation's Highest Court More Than Ever

Posted on January 27, 2011
The Boston Globe has an editorial justly criticizing U.S. Supreme Court Justices Antonin Scala, Samuel Alito and Clarence Thomas for actively playing hooky and not attending U.S. President Barack Obama's State of the Union message, in spite of the President's obviously serious and necessary push to promote bipartisanship on the national scene...

The Limits of the Criminal Sanction: School Districts and Education, Parents, Children and Teachers

Posted on January 27, 2011
One of the principal problems with the American legal system is the antiquated idea that criminal sanctions are the answer for everything, a position cogently criticized by the late Herbert L. Packer in The Limits of the Criminal Sanction, an essential book which should be required reading for every judge and legislator everywhere...

SCOTUS: Demographics of the U.S. Supreme Court Justices and the State of the Union Address

Posted on January 25, 2011
Great page hereon the Demographics of the Supreme Court of the United States,six Justices of which will attend the upcoming State of the Union address (not clear which six).

We Prognosticate the Pittsburgh Steelers by 5 against the Green Bay Packers in Super Bowl XLV (45), based on NAYPPA Stats

Posted on January 24, 2011
We read with some astonishment that the upstart Green Bay Packers are currently favored by the professional oddsmakers over the Pittsburgh Steelers by 2 1/2 viz. 3 points for the upcoming 45th NFL Super Bowl at Cowboys Stadium, Arlington (Dallas-Fort Worth), Texas on Sunday, February 6, 2011, kickoff ca...

Mandatory Alerts of Cellphone Overage Charges Sought by the Federal Communications Commission (FCC)

Posted on January 23, 2011
Randall Stross at the New York Times reports that the F.C.C. Seeks Mandatory Alerts of Cellphone Overage Charges

Video of the Centuries: The Converging World: 200 Countries, 200 Years in 4 Minutes by Hans Rosling

Posted on January 12, 2011
The reality of positive development on our planet in the last 200 years is so spectacular, that it is a wonder that mainstream news media do not concentrate on the GOOD NEWS rather than on the sensationalistic bad news they spread each and every day...

EU Court of Justice Rules that a GUI Can Be Protected in Europe Under the Information Society Directive Even if Not Protected by the Software Directive

Posted on January 09, 2011
OUT-LAW News from out-law.com and Pinsent Masons LLP refers to a recent December 22, 2010 decision issued by the European Court of Justice (ECJ) in which the ECJ ruled that GUIs can be protected by copyright under the European Union Information Society Directive, even if they can not be protected under the EU Software Directive...

Mosel (Moselle) River Flooding in Germany, Traben-Trarbach, January 8, 2011

Posted on January 08, 2011
We have Mosel River flooding in Traben-Trarbach, Germany today, January 8, 2011, because balmy temperatures have caused a rapid snow melt, filling streams and rivers. I took these photographs this afternoon, which show that the situation in Traben-Trarbach, where the Mosel River is very wide, is not as dramatic as in towns like Zell and Cochem, where the flooding is much more intense because the river is much narrower there, forcing the water up...

Thinking of Filing a Lawsuit? The Complete Idiot's Guide to Lawsuits May Be the Resource You Need

Posted on January 07, 2011
Thinking of filing a lawsuit?The Complete Idiot's Guide to Lawsuits by Victoria E. Green, J.D. covers inter alia:"?The pros and cons of filing lawsuits?How they begin and each party's response?Selecting and paying attorneys?Consequences of the settlement and appeals"The book is reviewed by Richard Acello at the ABA Journal at The Lawsuit Guide for Dolts...

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