Sat.Oct 12, 2019 - Fri.Oct 18, 2019

Oldies and Goodies

Gordon P. Firemark

The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/113. California Governor signs two controversial bills affecting entertainment and sports BILLIONS LAWSUIT BEATEN BY SHOWTIME ORAL ARGUMENTS HELD in LED ZEPPELIN STAIRWAY TO HEAVEN CASE PARKER V.

Ransomware Attack Reportedly Hits Practice Management Company, Locking Lawyers Out of their Case Files

Media Law

The case management software company TrialWorks was reportedly hit by a ransomware attack, shutting down its platform for at least four days and locking some lawyers out of their case files. According to the TechBento blog, the attack started last Sunday and lasted at least through yesterday.

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Southern Methodist Law Review Forum Open For Responses To Law Review Articles: Engage In the Dialogue! @SMULawReview

Media Law Prof Blog

The SMU Law Review Forum is inviting responses to its latest issue, The Free Speech Symposium, or to any specific article in it, from interested readers. The editors have made submission links available here. link] [link

Loophole Competition: Is Google’s News’ Richard Gingras the Counterpart of YouTube’s Lyor Cohen? via ArtistRightsWatch

Music Technology Policy

We’re all well aware of how Google uses self-manufactured loopholes in the DMCA safe harbor to enrich itself at the expense of artists, and run their loophole traps while appearing to “help” artists deal with the Google manufactured whackamole on YouTube with “tools” like Content ID. (See Ellen Seidler’s teaching on this subject, Kerry Muzzey’s post about Content ID from an artist perspective, and Zoe Keating’s statements on the YouTube Content ID shakedown.). What Google has also done is find someone out there who is willing to promote the corporate line on DMCA abuse, the Chief Loophole. This person very likely gets paid a fortune in both cash and stock options to be the public face of Google’s destructive policies. Or at least a fortune compared to the person’s former colleagues in the copyright category that Google is commoditizing and extracting value from with their loophole seeking behavior. Google then spends money on a charm offensive directed at these former colleagues—but which falls short of providing the same wealth that they bestowed on the Chief Loophole. They may have many reasons for keeping this class distinction in play, but the message is clear—if you truly go over to the dark side, beaucoup bucks await you. Or it will seem like beaucoup bucks to you because Google’s loophole seeking beat you down so far it looks like up to you. Yes, I’m describing Lyor Cohen at YouTube and Richard Gingras at Google’s Internet of Other People’s News. Rather than embrace a rights-affirming and privacy-protecting philosophy, these two divisional Chief Loopholers shore up two of the principal sources of Google’s data wealth—news and music. Lyor Cohen embarrassed himself to little effect as the face of YouTube’s assault on the European Copyright Directive. Mr. Gingras is doing the same in what promises to be the opening act of a long offensive against the European Copyright Directive. The Copyright Directive has been passed by a vote of the European Parliament and transposed into French law by a vote of the Parliament of France—which the multinational Big Tech bloc like Google lost abysmally by employing a bot strategy that seemed to be modeled on the tactics of the Internet Research Agency as discovered by several European newspapers including the London Times. The crux of the issue for Mr. Gingras is that the Copyright Directive requires Google to pay a neighbouring rights royalty to newspapers whose work they use. You may have heard the Google Alinsky-style semantical talking point of the “link tax”. Google is now putting Mr. Gingras forward to be the Lyor-style face of its campaign against journalists and news organizations in France by throwing a new loophole in the face of the French government while at the same time stepping up its charm offensive by offering what certainly look like bribes to news organizations in Europe that play ball. The loophole is Google’s use of its brutal market power to force newspapers to give them for free that which would otherwise attract essentially a statutory royalty. Mr. Gingras is the face of this, a role for which we hope he’s being at least as well compensated as Lyor Cohen for doing what is effectively the same job—being the face of the charlatan. The good news is that Google tipped their hand early in the transposition process so even France can go back and fix this competition law violation. Thanks to the Google Transparency Project ( full report here ) we know that Mr. Gingras also brings a pot of gold to his version of the rainbow, either directly or indirectly, through spending on the ideation and flaring from the shill incubator: The Google Transparency Project undertook the most comprehensive effort yet to collect all of Google’s payments to media organizations around the world in one place. The analysis included 16 different Google programs and related organizations and spanned more than a decade. It revealed that Google and related entities have committed between $567 million and $569 million to support at least 1,157 media projects around the globe. The analysis also identified another 170 projects supported by Google for which no funding information was publicly available, suggesting that the total amount the company has spent on media grants is likely far higher. Google often boasts about its support for journalism, disclosing plans to spend over half a billion dollars on media initiatives since 2013. But Google isn’t always transparent about its spending, making it difficult to assess what the company is giving—and what it may be getting in return. We haven’t seen Mr. Cohen waiving around this kind of cash aside from a few thousand euro we know about that was paid to some YouTube “creators” to produce anti-copyright directive materials. Lyor really needs to do something about that disparity. We’re way beyond YouTube “creator” studios now—user-generated never got hundreds of millions. I wonder what Mr. Gingras makes by comparison to Mr. Cohen? European Copyright Directive News from the Data Lords News from the Goolag Lyor Cohen Richard Gingras

‘Parasite’ and South Korea’s Income Gap: Call It Dirt Spoon Cinema - The New York Times

Communications And Entertainment Law Blog

"The title of the scathing new South Korean film “Parasite” refers to the Kim family, destitute basement dwellers who try to climb the social ladder by leeching off the wealthy Park family. While the Kims worry about money, the extravagant Parks worry about poor people’s unpleasant smell.

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After Sale of His Company, Catalyst Founder Forms Foundation to Promote Open Source Software in Law

Media Law

John Tredennick , the Denver lawyer who founded the e-discovery company Catalyst Repository Systems in 2000 and sold it earlier this year to OpenText for $75 million, has now announced the launch of the Merlin Legal Open Source Foundation , a nonprofit corporation that seeks to improve access to justice and make legal and regulatory compliance more efficient through the use of open source software. “Open source has revolutionized the way software is developed worldwide,” Tredennick, who will serve as executive director, said in a statement announcing the foundation. “It represents a new and powerful alternative to proprietary software and has great applications in legal.” Disclosure: I serve on the Merlin advisory board and formerly worked as a consultant with Catalyst when Tredennick was CEO. John Tredennick. The Merlin Foundation plans to achieve its mission, Tredennick says, by: Fostering worldwide education about the advantages of open source software. and secure cloud computing. Providing a central platform for legal professionals to collaborate on open. source development projects. Distributing open source software under free licenses to individuals and organizations around the world for legal and regulatory compliance processes. The foundation will develop a central repository of active legal open source projects and provide a home for legal technologists to collaborate on software that will benefit both the legal profession and those who need legal services at an affordable price, Tredennick says. Lew Visscher , former chief financial officer at Catalyst, will be CFO for the foundation. In addition, Merlin has begun to form an advisory board composed of a number of well-known legal technology professionals. “We hope to recruit in Asia Pacific and Australasia as well in the next few months,” Tredennick says. “We are actively looking for great people to join our cause.” Separately, Tredennick recently launched a company, Merlin Digital Magic , devoted to developing secure, cloud-based software to help corporations and law firms improve legal processes and automate compliance efforts.

LinkedIn Petitions Circuit Court for En Banc Review of hiQ Scraping Decision

New Media and Technology Law

On October 11, 2019, LinkedIn Corp. LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. LinkedIn Corp. , 17-16783 (9 th Cir. Sept. 9, 2019). The crucial question before the original panel concerned the scope of Computer Fraud and Abuse Act (CFAA) liability to unwanted web scraping of publicly available social media profile data and whether once hiQ Labs, Inc. (“hiQ”),

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Situation in Syria: We have now abandoned an ally.

Communications And Entertainment Law Blog

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Arizona Task Force Calls for Wide-Ranging Practice Reforms, Including Eliminating Ban on Nonlawyer Ownership

Media Law

With the goal of narrowing a growing justice gap in the state, an Arizona task force has called for fundamental changes in the regulation of legal services, including eliminating the ban on nonlawyer ownership of legal practices, loosening restrictions on lawyer advertising, and expanding the ability of nonlawyers to directly deliver legal advice and assistance. But a dissenting member of the task force took issue with key recommendations, arguing that the solution to the access-to-justice problem is not to create “new industries that will continue to consume the public’s money,” but rather to create a court system that is “simpler and more efficient” for the average citizen. In calling for elimination of the ban on non-lawyer ownership, the Arizona recommendations are similar to those made recently by a task force in Utah , where the Supreme Court approved the recommendations and ordered that steps be taken to implement a new regulatory structure to oversee alternative legal services providers. Related: LawNext Episode 55: Utah’s Bold Experiment to Reimagine Legal Services. A California task force has also called for such changes. In its report issued Oct. 4 , the Arizona Task Force on the Delivery of Legal Services made a series of recommendations intended to address the state’s gap in access to justice. The most significant would be elimination of the professional-conduct rules that prohibit lawyers and nonlawyers from co-owning businesses that engage in the practice of law. The prohibition on partnering with nonlawyers “was not rooted in protecting the public but in economic protectionism,” said the report, which went on to say that there is no evidence that such partnerships harm the public. “The legal profession cannot continue to pretend that lawyers operate in a vacuum, surrounded and aided only by other lawyers or that lawyers practice law in a hierarchy in which only lawyers should be owners,” the report said. “Nonlawyers are instrumental in helping lawyers deliver legal services, and they bring valuable skills to the table.”. In calling for elimination of the ban on nonlawyer ownership, the task force stopped short of making a recommendation on how such entities should be regulated. While Utah is beginning work to create a new regulatory body to oversee nontraditional legal services providers, the Arizona task force said it did not have time to explore in detail the advisability of such regulation. Rather, it recommended that the state should explore that concept going forward. The task force also called for development of a tier of nonlawyer legal service providers, or “limited license legal practitioners,” who would be qualified by education, training and examination to provide limited legal services, including representation in court and administrative proceedings. These would be similar to Washington state’s limited license legal technicians and Utah’s licensed paralegal practitioners. The task force did not recommend specific details of how such a program would be structured. Rather it recommended that the Arizona Supreme Court appoint a steering committee to establish the appropriate parameters. However, the task force recommended that one of the first focus areas for LLLPs should be family law, “as this is where the greatest need lies.”. Other Recommendations. Other recommendations included: Loosen rules governing lawyer advertising, including by eliminating the prohibition against giving anything of value for referring a potential client – a rule that has limited lawyers’ participation in for-profit referral services. “There is no quantifiable data evidencing that for-profit referral services or even paying for referrals confuses or harms consumers,” the report said. Promote wider use of unbundled legal services through education and information. Although Arizona has permitted unbundled legal services since 2003, lack of understanding by both lawyers and the public limit their availability, the report found. To counter this, the courts and the bar should promote use of these services through education and public-information programs. Clarify when law students and recent law school graduates may practice law and what services they may provide. Clarify rules regarding the unauthorized practice of law. Formally institute the Licensed Legal Advocate Pilot developed by the Innovation for Justice Program at the University of Arizona James E. Rogers College of Law, to create a new tier of legal service provider that would provide services to domestic violence survivors. Initiate a document preparer program, proposed by the Arizona Foundation for Legal Services and Education, which would allow lay advocates to prepare legal documents for victims of domestic violence receiving services the foundation’s Domestic Violence Legal Assistance Program. Expand Arizona’s Legal Document Preparers program in various ways, including by allowing them to speak in court when addressed by a judge. Encourage courts to establish programs by which nonlawyers located within a court are available to provide legal information directly to self-represented litigants. One Member Dissents. In an opposition statement that accompanied the report, task force member Peter B. Swann, chief judge of the Arizona Court of Appeals, Division I, took issue with the recommendations to allow nonlawyer ownership and to create a program of LLLTs. While agreeing with the overall premise that legal services are too expensive and that most citizens are priced out of the ability to secure meaningful justice through the courts, Judge Swann said that the task force failed to examine the barriers inherent in the system – “understaffing, which contributes to delay and cost, and bloated, one-size-fits-all procedural rules that are designed for the most complex cases.”. “The recommendations then take an odd turn: rather than examining the reasons that the system is so difficult and expensive to navigate, the Task Force’s first recommendation is to cast aside ethical rules in an effort to make the practice of law more profitable,” Judge Swann wrote. “Such a proposal would make Arizona unique in the nation, and a leader in the race to the bottom of legal ethics.”. Judge Swann was particularly critical of the task force’s reliance in making several of its recommendations on the so-called Henderson report — the Legal Market Landscape Report written in July 2018 by William D. Henderson , professor at Indiana University Maurer School of Law, for the State Bar of California. Related: LawNext Episode 9: Bill Henderson on Changing the Non-Lawyer Ownership Rules. “The fact that a professor has ‘called out’ ethical rules is, to my mind, no more persuasive than the fact that a substantial part of the population has ‘called out’ lawyers as greedy crooks. Both beliefs are no doubt sincere – I submit that neither is correct.”. The task force was chaired by Ann A. Scott Timmer, vice chief justice of the Arizona Supreme Court, and its members included judges, court administrators, lawyers, academics, and members of the public.

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LawNext Episode 55: Utah’s Bold Experiment to Reimagine Legal Services

Media Law

In August, a Utah task force on access to justice issued a report that called for “profoundly reimagining the way legal services are regulated in order to harness the power of entrepreneurship, capital, and machine learning in the legal arena.”.

Ahead of #ClioCloud9, Freelance Lawyer Platform LAWCLERK Announces New Features

Media Law

Monday brings the kick-off of the seventh annual Clio Cloud Conference , and among the companies that will be exhibiting there is LAWCLERK , a legal services marketplace where solo and small-firm attorneys can hire freelance lawyers for short-term projects.

Just Two Weeks Left to Enter Your Blog in the LexBlog Excellence Awards

Media Law

The deadline is Nov. 1 to nominate a blog post for the inaugural LexBlog Excellence Awards , designed to honor exemplary writing on legal blogs. As I explained in an earlier post , these awards are unlike other “best blog” awards.

Webinar Tomorrow: How Law Firms Can Use Lean Methodologies to Grow Profits

Media Law

Some of the world’s most efficient and forward-thinking manufacturing companies long ago learned the power of lean methodologies and systems thinking. But how can law firms employ lean thinking and methodologies to grow profits and strengthen client relationships?

Rep. Elijah Cummings dies at the age of 68

Communications And Entertainment Law Blog

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Mulvaney Says, Then Denies, That Trump Held Back Ukraine Aid as Quid Pro Quo. "“The acting White House chief of staff undercut the president’s denial of a quid pro quo by saying that military aid was held back in part to prod Ukraine to investigate Democrats.” - The New York Times

Communications And Entertainment Law Blog

Mulvaney Says, Then Denies, That Trump Held Back Ukraine Aid as Quid Pro Quo - The New York Times

Rudy Giuliani “Should Be Worried” About SDNY Probe | The Last Word | MSNBC

Communications And Entertainment Law Blog

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Transparent Platinum: NetDocuments Conference Marks 20 Years of Leading Cloud Adoption in Legal

Media Law

[Editor’s note: The cloud document management company NetDocuments held its second-annual Elevate conference Oct. 6-8 in Salt Lake City. I was not able to attend, but e-discovery consultant Brett Burney was there and files this report.

'What I've Seen Horrifies Me': NY Fed Insider On Giuliani Criminal Probe.

Communications And Entertainment Law Blog

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Giuliani Role In President Donald Trump Ukraine Scheme Develops New Twis.

Communications And Entertainment Law Blog

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Another Domino Falls: Giuliani Goes From Hunter To Hunted On Impeachment.

Communications And Entertainment Law Blog

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Columbus Day Or Indigenous Peoples' Day? : NPR

Communications And Entertainment Law Blog

"On Monday in the nation's capital, there is no Columbus Day. The D.C. Council voted to replace it with Indigenous Peoples' Day in a temporary move that it hopes to make permanent.

Hugh Masekela - Colonial Man

Communications And Entertainment Law Blog

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Trading Columbus Day for Indigenous Peoples' Day: For some, an overdue change

Communications And Entertainment Law Blog

" When Grand Forks, North Dakota, replaced Columbus Day with Indigenous Peoples’ Day in July , Courtney Davis Souvannasacd brought her son, Benjamin, with her to the city council chambers to watch the vote. “It’s

Columbus Day - How Is This Still A Thing: Last Week Tonight with John Ol.

Communications And Entertainment Law Blog

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Giuliani and Trump: Bound by Corruption From the Beginning? | The Nation

Communications And Entertainment Law Blog

"It is a musty notion from a bygone era, but once upon a time the idea that Rudy Giuliani and Donald Trump could be a tag team in search of political dirt on common enemies was as foreign as the Ukrainian soil they now till.

Donald Trump: xenophobe in public, international mobster in private | Robert Reich | Opinion | The Guardian

Communications And Entertainment Law Blog

"The most xenophobic and isolationist American president in modern history has been selling America to foreign powers for his own personal benefit.

'Dominoes Beginning To Fall': Trump Turns On Giuliani After Impeachment.

Communications And Entertainment Law Blog

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Rudy Giuliani is Under Criminal Investigation. Chickens Are Coming Home.

Communications And Entertainment Law Blog

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Opinion | How Italians Became ‘White’ - The New York Times

Communications And Entertainment Law Blog

"Congress envisioned a white, Protestant and culturally homogeneous America when it declared in 1790 that only “free white persons, who have, or shall migrate into the United States” were eligible to become naturalized citizens.

Tell Your Pro Bono Story, Get A Cool ‘Mug of Justice’

Media Law

Monday marks the start of Pro Bono Week , and to help highlight the good work lawyers do, the legal technology company Paladin will send you a free mug of justice for sharing your story about a pro bono matter you take on during the week. “It’s simple, really, 5.1 billion people lack access to justice,” explains Paladin’s website. “You can help.

Trump Will Host Next G7 Summit at His Doral Resort - The New York Times

Communications And Entertainment Law Blog

"The emoluments clause, also called the foreign emoluments clause, is a provision of the U.S. Constitution (Article I, Section 9, Paragraph 8) that generally prohibits federal officeholders from receiving any gift, payment, or other thing of value from a foreign state or its rulers, officers, or representatives.

'Dominoes Beginning To Fall': Trump Turns On Giuliani After Impeachment.

Communications And Entertainment Law Blog

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