Futurelawyer

Accused music pirate turns the tables on the RIAA

Link: Accused music pirate turns the tables on the RIAA. Tanya Anderson wasn't satisfied with her victory over the RIAA, which sued her for copyright infringement in the dragnet litigation that some are calling heavy handed. After being threatened, she says, with financial ruin if she refused to admit guilt, and pay a $5,000 settlement amount, she has filed an action for conspiracy, illegal investigative techniques, and has demanded $5 million in damages. We lawyers know that demand amounts in such litigation are often more for public consumption that real amounts; however, I suspect that a Soccer Mom targeted by the big, bad RIAA will have some jury appeal.

Holy Crap: MacGyver Blockbuster Film Coming!

Link: Holy Crap: MacGyver Blockbuster Film Coming!. No geek worth his salt doesn't love the old MacGyver TV series. Watching Richard Dean Anderson come up with unusual solutions to problems drove my early geek computer projects. In the old days, we messed with the insides of computers, and tweaked memory, and just generally made something out of almost nothing every day. I don't know about you, but I vote for bringing Anderson back as an older, but not wiser, MacGyver, with a young protege who is into computers. Sounds like big fun on the Bayou.

Futurelawyer Neighbor Drops In For A Bite

Link: Human Interest_News: Uninvited guest crawls into kitchen for a bite. Down here in Florida, when we wake up in the middle of the night, we have more than the normal chance of finding a gator in the kitchen. This guy lives a few miles up the road from the FutureLawyer, and I hope he doesn't have a sister. Usually, the gators stay on the golf course; but, you gotta eat.

April Fool's Day - Watch Your Back

Link: Video Gallery - Famous Speeches - The History Channel. The exact origins of April Fool's Day are lost to history;however, when the French switched to the Gregorian calendar in 1582, the New Year Celebration switched from the week of March 25th to January 1st, and the those who continued celebrating the New Year through April 1st were considered "Fools". If you don't buy that, consider this post your first April Fool's prank of the day. If you don't buy that, watch some coverage of the Presidential primaries on T.V. The joke's on all of us.

Revenge Is A Dish Best Served Cold -Supreme Court Clears The Way For Novell To Seek Revenge From Microsoft For Crushing WordPerfect

Link: Supreme Court Clears The Way For Novell To Seek Revenge From Microsoft For Crushing WordPerfect. As a matter of disclosure, I admit that I have been a WordPerfect fan and user for many years. I only use Word or OpenOffice if I have to; and I hold my nose when I do. Novell's antitrust litigation against Microsoft for crushing WordPerfect before its sale to Corel in 1996 has been given the goahead by the Supreme Court. While it is too little and too late to return WordPerfect to its prior dominance, WordPerfect is still, in some opinions, the best wordprocessor out there. It is like a trusted friend; dependable and productive. Go, Novell, go.

Slashdot | Class Action Complaint Against RIAA Now Online

Link: Slashdot | Class Action Complaint Against RIAA Now Online. Are the four largest music recording stores conspiring against music listeners with their coordinated effort to litigate Internet music sharing out of business? Are they RICO violators? A huge class action action in Oregon says so, and the litigation will be fun to watch. After picking on soccer moms and kids for a while, RIAA is on the defense side of the table; and, notwithstanding their legal right to protect their copyrights, many in the Internet community bemoan their heavy handed tactics. You can read the Complaint online and make your own judgments. One thing is for certain. There is going to be a lot of work for lawyers.

DayLight Savings Time - Are You Ready?

Link: The Official Palm Blog: Daylight Saving Time is coming. Get set to lose an hour tomorrow morning at 2 A.M. If you calendar your law practice with a Palm, or a computer, or whatever digital, you need to make sure the new DayLight Savings Time rules are programmed in. The Palm Centro has the new rules built-in. Older Palms require a software update. Don't be late for that hearing on Monday. Check your calendar today.

Excite News - Microsoft Grows Web Business Services

Link: Excite News - Microsoft Grows Web Business Services. While it is fun to debate the relative merits of PCs and Macs, the real battle of this century is Microsoft versus Google. Microsoft is dipping its toes into the SAAS (Software As A Service) market, and is leveraging its large following in the business community to argue that Google doesn't "understand" business. A lot of companies have gone broke underestimating the strength of both of these companies, and it will be interesting to see how it all works out. While one should never bet against Microsoft, Google has the web presence and the smarts to deal with the new Web 2.0 world. We shall see.

Sponsor A Child At World Vision - Save The World One Child At A Time

Link: Sponsor A Child – World Vision. I try to avoid topics that are unrelated to legal tech. However, after my rant this morning about global warming, and the end of the planet, and the problems of the world, I thought about one way that every lawyer and his family could help the less fortunate. My family decided to sponsor a child through World Vision. For $35 a month, this good organization spends money to provide infrastructure improvements in the developing world, so that a kid can go to school, instead of spend all day getting water for the family. WorldVision spends 86% of its contributions on its charitable work. Rather than spend $35 a month on something frivolous, make a difference. Save the world from global warming, one child at a time.

Apocalypse Now - This Is The Way The World Ends

Link: FOXNews.com - Scientists Predict When World Will End - Science News | Science & Technology | Technology News. I admit that it is hard to get excited about global warming when the scientists are able, with some accuracy, to predict the end of the world as we know it. Apparently, in about One Billion Years, the sun will fry the earth and the oceans into a cinder. The earth won't actually fall into the sun for another Six or Seven Billion Years, but who's counting? It is quite amazing to me that human beings have the arrogance to believe that they can slow down or halt global warming by not driving their SUVs. I know, I know, it isn't politically correct to think in terms of billions of years right now. We humans are really only concerned with the next 100 years or so. It is too bad we aren't as concerned about the violence humans are experiencing in Darfur, or the people who are dying in Iraq. This is the way the world ends, this is the way the world ends, this is the way the world ends, not with a bang but a whimper.

Original Kingston Trio Member John Stewart Dies

This 1966 recording of the Kingston Trio performing on the Andy Williams show may date me; however, the message of the song is one our current politicians should heed. RIP - John Stewart.

Maybe Dell Is Just Trying to Wake Us Up?

Link: Dell laptops in electric-shock shocker | Crave : The gadget blog. New problems with Dell laptops and shocks ranging from tingles to jolts may, or may not, be a concern. However, I have never been shocked by anything about my Dell notebooks, except for their long-lasting functionality. Maybe it isn't a bug; it is a feature? Most of us stroll somnolently through our day; perhaps we NEED a jolt that doesn't come out of a coffee cup?

Christmas - Wikipedia, the free encyclopedia

Link: Christmas - Wikipedia, the free encyclopedia. No blogging for a couple of days. Football, family, and traveling will be my focus. Merry Christmas. If you celebrate a different tradition, Happy Holidays to you. Maybe next year, more men and women will look in a mirror and decide to be part of world peace instead of world war. Yeah, I know. Not going to happen. But, Christmas is a time when we celebrate possibility, isn't it?

Top 100 Thanksgiving Prayers for the Day of Thanksgiving or any Day

Link: Top 100 Thanksgiving Prayers for the Day of Thanksgiving or any Day. Americans spend a lot of time assessing blame, worrying about the future, criticizing the present, and chasing money, fame and power. I love having a day that reminds us that life itself, whatever our circumstance is something to be thankful for. These prayers acknowledge that we owe our very existence to something or someone else. Call it God, or a Prime Mover. I never understood why it was so difficult to believe that matter, and humans, and whatever we and our universe are had to come from something. The initial or prime entity can be called God or whatever; but, it had to be. Pray today for those less fortunate, for those in combat, for those in need, and give thanks for what you have.

Vietnam Memorial Turns 25 -

Link: Vietnam Memorial Turns 25 - washingtonpost.com. Saturday, I stood silently on Constitution Avenue in D.C., watching thousands of Vietnam Vets ride by in a parade to honor the 25th Anniversary of "The Wall". One after another, they wished each other a "Welcome Home", a greeting few Vietnam Vets got when they  returned from the War 40 some years ago. I snapped this shot of one of the floats in the parade, just one reminder that the soldiers who serve in war are  the purest of patriots; they give up lives and limbs for the ideal of America. As we celebrate Veteran's Day, every American should silently say: "Welcome Home" and "Thank You".

Legal Threats Database Launched Today

Link: Robert Ambrogi's LawSites: Legal Threats Database Launched Today. The Internet and privacy law are always at loggerheads. From Bob Ambrogi comes the announcement of a database that will purportedly collect information about threats to free speech on the net, and allow access to the information through a search engine. Using the Internet to protect speech from the Internet. What a concept!

Lawyers Who Live in Pakistan Shouldn't Throw Stones

Link: Excite News - Pakistan Police Clash With Lawyers. On the one hand, protesting a power grab by a military dictator is a good thing; on the other hand, lawyers in Pakistan throwing stones at police who are enforcing martial law might not be. Pakistan's military government, that is civilian in name only, feels threatened on all sides, and its President is making the age-old argument of dictators; we need to restore order before we can return to democracy. There are no winners in this scenario, and the dissenting lawyers, and others who believe in democracy, are being arrested and detained. Ultimately, democracy will win out; however, it might be painful for some brave lawyers before that happens.

Death By Email Blog: Senate OKs 7 Years of No Email Tax

Link: Death By Email Blog: Senate OKs 7 Years of No Email Tax. Roger Matus reports today that the Senate has passed a bill delaying any taxation of the Internet and email for 7 years. Email has become a preferred method of communication for many lawyers and clients; it avoids the stamp tax of the Postal Service. Of course, email has many disadvantages; not the least of which is the ephemeral, find me if you can, nature of electronic communication. The feeling of informality in email communication has lured more than one communicator into an embarrassing or legally risky error. I suspect that the first Egyptian Pharaoh who put pen to paper immediately sensed the permanency provided by such communication. However, I don't think the Pharaoh had the problem of hordes of hungry lawyers seeking discovery of his scrolls.

Lost In Space - Whom Do I Sue?

Link: Law Blog - WSJ.com : Law Blog Q&A: Space-Law Expert Henry Hertzfeld. Calling it space law might be somewhat of a misnomer. Space Law is actually International law practiced with an eye to the future. When that future spacecraft fails to return, who bears the liability for the cargo? Whom, if anyone, can the survivors sue? Should space travel be cloaked with some sort of immunity from liability? What about the legal relationships between countries who share a project to go into space? What, exactly, is space, anyway? This article, and the laws it links to, will give any lawyer a general background in this growing area of law. Like Internet law, it is actually a hodgepodge of other legal disciplines, applied to new geography.

Senators Want Probe on Content Blocking

Link: Excite News - Senators Want Probe on Content Blocking. It is good to see that Congress is finally doing something productive. After the stories about Italian legislators' attempts to stifle Internet communications by requiring blogger registration now we see the Congress investigating the alleged blocking of Internet traffic by the Telcos in order to prevent users from using too much bandwidth. I agree that Internet hogs need to be controlled; however, secret limiting of traffic by the ISPs is so NOT the answer. What your mother said was true: "Let Sleeping Hogs Lie".

First Amendment Rights in the BlogoSphere

Link: The News-Press, news-press.com, Opinion, First Amendment rights in the blogosphere. This interesting article in a Florida paper discusses the problems inherent in fighting defamation cases that spring from Internet postings. Does the legal system adequately permit the redress of defamation committed on the Internet? It certainly is expensive. In addition to legal fees, court costs, and the discovery costs of traditional litigation, additional expertise must be engaged which is experienced in the technical aspects of the Internet and technology. The current flap over a proposed Italian law to limit the establishing of blogs is instructive. In a country that values free speech, the United States is being tested by technology that permits defamatory content to be spread immediately and over the entire planet. In the Italian proposal, a "responsible journalist" must be named as the responsible party for a proposed blog; apparently, an attempt to require an individual to step up in the event of a later problem with the blog. If the law passes, many problems ensue. What is a "journalist"? What sort of regulations of blogs will be created by the Italian bureaucrats charged with enforcing the registration law? Of course, such a law would never pass in the United States. Or, would it?

Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights

Link: Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights. I didn't expect to be moved, when I took my daughter to the National Archives building in D.C. on Saturday. However, being in the same room with the Declaration of Independence, the Constitution of the United States, a first hand-written draft of the Bill of Rights, and other original documents which formed the United States was awe-inspiring. To be able to walk up to these documents and peer through the glass at the fading ink was an experience every American should have. If you go to D.C., this should be your first stop.
God Bless America.

Why We Lawyers Get A Bad Name Online

Link: Techdirt: Don't Post This Cease-and-Desist Letter, Or Else. I am not a copyright specialist; however, this post about law firms allegedly claiming copyright in cease and desist letters that they send, in order to intimidate the recipient into not publishing the letter online, strikes me as dumb in the extreme. First, if you don't want your demand letters publicized, don't send them in the first place. Second, this attempt to stifle criticism, even if it has legally legitimate purposes, is totally clueless about the true nature of the online environment, and viral publicity. Fellow lawyers, don't be so heavy handed; and, please get a clue about the public image you project. I would like to hear from some copyright lawyers about the legality of asserting ownerhip in the HTML code of a demand letter.

RIAA wins key file sharing victory

Link: RIAA wins key victory, accused file sharer must pay $220,000 | Crave : The gadget blog. Do you know where your kids are? Do you know what they are doing online? In the first trial in which an individual accused of illegal downloading of copyrighted files went all the way to a jury, the jury ruled for the RIAA, and awarded substantial damages. Even in the absence of direct evidence that the Defendant was the individual who actually downloaded the files, the jury found the circumstantial evidence compelling. Some pundits are attacking the woman's lawyers for mounting a defense; the implication being that no competent lawyer should have taken the case to trial. Had the Defendant prevailed, however, I suspect that it would have been hailed as a victory for consumers. As with all legal matters, it depends upon whose ox is being gored.

Rush to Judgment - Is Jeffrey Skilling Innocent?

Link: Houston's Clear Thinkers: The Skilling Appeal Brief. Like many others, I was unaware of the facts of the Skilling case, and didn't give much thought to his conviction. However, after reading this post, I am resolved to read the appellate brief referred to, and to learn more about the case. Is it a case of a corporate criminal brought to justice, or another case of prosecutorial misconduct, and the power of the Government run amok? Read all about it, and you be the Judge.

Slashdot | RIAA Complaint Dismissed as "Boilerplate"

Link: Slashdot | RIAA Complaint Dismissed as "Boilerplate". This interesting decision dismissed an RIAA Complaint, which was ignored by the Defendant, and for which a default had been entered. In refusing to enter a Default Judgment, the Court held that the Complaint, which merely alleged illegal downloading of copyrighted materials , "on information and belief", by the Defendant, did not state a cause of action. As any attorney knows, factual allegations are deemed true for the purposes of a Motion to Dismiss. However, the factual allegations must state "ultimate facts", not mere surmise and speculation. The RIAA will need to have some factual basis for an allegation of infringement, and boiler plate allegations do not seem to be sufficient; at least, in one Federal Judge's court. Watch this case; if the RIAA has to do some factual investigation in each infringement case, it could get expensive to prosecute alleged offenders.

RIM was not enough: NTP Takes On The Telcos

Link: � RIM was not enough: NTP Sues four major telcos for patent infringement | Mobile and Wireless | TechRepublic.com. And so it goes. After suing RIM to the point of oblivion, and extracting hundreds of millions of dollars, NTP is now taking on the big guys, Verizon, AT &T, Sprint Nextel, and T-Mobile USA, claiming that the telcos are infringing on the same patents they accused RIM of infringing on. Why do I think they may have bitten off more than they can chew this time? Recent court cases make it harder to prove infringement; especially if the argument can be made that the invention was "obvious", whatever that means. NTP may have to use much of the millions they got from RIM to counter the deep pockets of the big guys. Like sands through the hourglass. These are the days of our lives.

The American Experience

I spent the day yesterday walking the National Mall in Washington, D.C. with my daughter. We are in town for  the Redskin home opener, but it is her first visit, and  it was an eye opener to see the National treasures through her eyes. Her favorite was the Capitol, and we spent a couple of hours walking the grounds. My favorite is the Washington Monument; it sits in the center of everything; a beacon of democracy, reaching like a rocket to  the heavens. At 555 feet tall, it is the tallest structure in D.C., and can be seen from anywhere on the Mall.  The Mall is a microcosm of the common human experience; every race and creed desires freedom; and the Capitol and the Mall are the symbols of that freedom. Every American should walk these grounds, and think about the Nation that immigration built. Then, we can have an  immigration debate with the right mind set. Today is  about football. Yesterday was about viewing the seat of democracy through the eyes of a child.

Lawyers Have Free Speech Rights Too...

Link: Law.com - Sanctions Dropped Against Ex-Kevorkian Lawyer Who Likened Judges to Nazis. Okay, Geoffrey Fieger's comments on T.V. about certain appellate judges were over the top; insulting even. Courtesy and dignified behavior and professionalism are to be devoutly wished in the practice of law and the conduct of lawyers in and out of courtrooms. However, the Michigan Supreme Court used the wrong disciplinary rules when it disciplined Mr. Fieger for engaging in conduct that was "undignified and discourteous". A Federal District Judge has found Michigan's disciplinary rules requiring lawyers to treat everyone in the legal process with "dignity and respect", casting doubt on the enforceablility of the rules of many States. The FutureLawyer has no intention of testing these waters in Florida, as I only insult the manufacturers of gadgets and software that drives me crazy.

Nuns Call for Impeachment of Bush and Cheney

Link: Winston-Salem Journal | Religion Briefs Coalition of nuns calls for impeaching Bush and Cheney. As a former Catholic school kid from the Sixties, this story struck fear into my heart, and the President and Vice-President should take heed. When the nuns are out to get you, watch out. I still have nightmares remembering the stare of a Sister of St. Joseph peering out from a white sea of starched collar. Was there anything more frightening than a nun with a ruler in her hand? I don't think so.

The History Channel -Labor Day

Link: The History Channel - Home Page. On September 5, 1882, a parade honoring workers has turned into the Labor Day Holiday, the last gasp of summer, and a day for Americans to celebrate the American worker. The Industrial Revolution has turned into the Information Revolution, and Americans are knowledge workers today; however, there are still a lot of hard jobs being done by hard workers; and the American work ethic is still the envy of the modern world. Check out this 3 minute video at History.Com for a short history of the holiday.

Threat Level - Wired Blogs

Link: Threat Level - Wired Blogs. Wired is surprised that  the FISA court has agreed to hear argument on the ACLU's challenge of the new Patriot Act. While is is unusual for the secret court to make public requests for briefs, it is certainly not unusual for the  Court to look askance at Bush Administration's efforts to short circuit its jurisdiction. Judges and Courts are jealous of their jurisdictional territory. My question is whether the Court has a conflict of interest in determining whether ACLU's challenge is valid. On the whole, I think most thinking lawyers are alarmed at any executive action which short cuts the judicial process. The Bush Administration is walking a fine line between national security and  the rule of law. Let's hope we get it right. After all, it is only the future of our democracy that is at stake.

Recording Industry vs The People

Link: Recording Industry vs The People. Here is an interesting blog by a couple of lawyers who are defending some of the people being sued by the RIAA. This post, about the RIAA's "making available" argument that merely having copyrighted material available via a P2P site constitutes a copyright violation, discusses the September hearing on the issue, and its  probable impact on the Internet. The argument will certainly be interesting.

Battle over attorneys fees' brewing between RIAA, ex-defendant

Link: Battle over attorneys fees' brewing between RIAA, ex-defendant. All of us know about the RIAA's heavy-handed attempts to protect copyrights from Internet downloading. Suing soccer moms may, however, get a bit more expensive if Tallie Stubs has her way. When the RIAA realized they had sued the wrong person (not difficult when you are papering the world with Complaints), they filed a Notice of Dismissal Without Prejudice. Tallie, however, was not impressed, having a pending CounterClaim for a Declaratory Judgment of Non-Infringement. The RIAA responded by issuing a covenant not to sue (we promise not to sue you again wrongfully), and the Judge dismissed the CounterClaim. Now, however, Tallie says she wants her attorney's fees paid under the provision of the Copyright law providing for the prevailing party to be awarded costs and fees. If she wins, any Defendant wrongfully caught up in the RIAA's web will likely be able to claim the same rights, and it could get very expensive. These cases are very difficult to prove, and the RIAA is facing suits for malicious prosecution, and other complications. It should be an interesting year.

Big Brother Is Watching You

Link: Googlonymous . On another privacy front, I report about Googlonymous, a search proxy site that claims to protect you from the ubiquitous record-keeping of Google's massive servers. On the one hand, being able to mine data searches on Google can be used by lawyers and prosecutors to catch the bad guys. On the other hand, incorrect information, or over-reaching data searching, can ruin lives. The site contains a video from CNBC about the horrors that can ensue from our privacy impaired society. I don't know whether Googlonymous works. They claim to keep no records of where Google searches are coming from. However, in today's society, can any of us have a reasonable expectation of privacy? Scary stuff.

New Surveillance Law Used to Seek Dismissal of NSA Spying litigation

Link: Threat Level - Wired Blogs. If the price of freedom is eternal vigilance, what is the price of warrantless searches of International phone calls "reasonably" believed to be located outside the U.S.? FISA was designed to put a Judge between the Government and U.S. Citizens before telephones were tapped.The Protect America Act of 2007 is designed to walk a middle ground between the Administration's claim that it has the right to eavesdrop on telephone calls, and privacy advocates who claim that the Constitution doesn't permit eavesdropping without judicial oversight. Is the terrorist threat so serious that we are willing to weaken the Constitutional right to be free from unreasonable searches and seizures? Is it unreasonable to allow the Government to eavesdrop on International phone calls? On the one hand, I want the Government to have the tools necessary to protect us from terrorists. On the other hand, every lawyer knows that the descent to an over-reaching Government is a slippery slope. Lawyers have a duty to litigate these issues, and Judges have a duty to follow the Constitution. In the meantime, be careful what you say on the telephone.

The Greatest Hitter of All Time

Today seems like a good day to highlight the career of the greatest hitter of all time, Ted Williams. He wasn't a showboat, or a glad-handing happy face. He didn't try to hit home runs every time he came to bat. He just tried to get hits, and hit for high average. He was the last man to hit .400. He took four years to serve in the military during World War II. This video of his last at bat, a home run, in 1960, says it all.

Excite News - Stock Tip Blogger Detained in China

Link: Excite News - Stock Tip Blogger Detained in China. In case you were wondering why the United States, with all its faults, is still the greatest country on the planet, consider the case of Wang Xiujie, who has been placed "under control" by the Chinese Government, (translation: put in jail) for selling stock tips online. Free speech, and all of the rights that go with it, are essential to a free society, and lawyers have a special duty to defend it. What are you doing? If Wang's actions are fraudulent, a free society doesn't jail first, and ask questions later. It arrests, allows a bail hearing, and, then, a trial with adequate counsel.

Thomas Jefferson - Principal Author of the Declaration of Independence

Link: Thomas Jefferson - Wikipedia, the free encyclopedia. Today, Americans celebrate the day that we set aside to assert our independence from foreign control, and the document that best sets forth that spirit was principally written by Thomas Jefferson.There is a short, five minute video today on the History.Com website that follows the process of writing this seminal American  document. Jefferson was a lawyer, and lawyers can be proud that he is one of a long line of lawyers who have served this country, and helped to preserve the freedoms we enjoy. I will offer a silent prayer today for Jefferson and all the honest, patriotic and self-sacrificing lawyers who toil silently and not so silently, serving those who need our help, and working every day to preserve those freedoms for future generations of Americans. I am proud today to be a lawyer and an American.

What is an American?

Link: OpinionJournal - Peggy Noonan. What is an American and how do we become one? One of my favorite writers, Peggy Noonan, has some interesting thoughts on this question, which are worth reading this week in which we celebrate the birth of America. Here is an excerpt from her article:(thanks to Michael Wade )

The priest, a jolly young man with a full face and thick black hair, said he was new in the parish, from South America. He made a humorous, offhand reference to the fact that he was talking to longtime Americans who'd been here for ages. This made the friends and family of Anthony Coppola look at each other and smile. We were Italian, Irish, everything else. Our parents had been the first Americans born here, or our grandparents had. We had all grown up with two things, a burly conviction that we were American and an inner knowledge that we were also something else. I think we experienced this as a plus, a double gift, though I don't remember anyone saying that. When Anthony's mother or her friend, my grandmother, talked about Italy or Ireland, they called it "the old country." Which suggested there was a new one, and that we were new in it.

But this young priest, this new immigrant, he looked at us and thought we were from the Mayflower. As far as he was concerned--as far as he could tell--we were old Yankee stock. We were the establishment. As the pitcher in "Bang the Drum Slowly" says, "This handed me a laugh."

This is the way it goes in America. You start as the Outsider and wind up the Insider, or at least being viewed as such by the newest Outsiders. We are a nation of still-startling social fluidity. Anyone can become "American," but they have to want to first.

But Will It Talk To God?

Link: David Kuo: J-Walking, David Kuo blog, faith, politics, christian blog, tempting faith. This is an interesting post about the "religious fervor" of Appleists, those persons of the Mac persuasion who take their love of all things Apple to the altar of worship. Has Apple gone from a Cult to a Religion? Will the IPhone talk to God? Well, of course this is all tongue in cheek fun, but the article makes some interesting comparisons. Religious faith depends upon some beliefs that are impossible to prove empirically. The proposed IPhone and its coming legion of angels is a perfect example. The attempted proselytization of us poor Windows and Linux users by the robed high priests of Appleism has the feel of religious fervor. Grant, are you listening? :-)

'Citizen journalism' battles the Chinese censors

Link: 'Citizen journalism' battles the Chinese censors. Sometimes, I read a current news story that warms my heart. I am an advocate of free speech, and there is too much "politically correct" speech out there nowadays. The clever Chinese students who are creating ways to avoid the Chinese Government censors give me hope. The Internet will always find a way, and the free flow of information cannot be stopped. We lawyers should encourage this trend, and should carefully examine the true beliefs of our next President about information freedom. Yes, we need to fight terrorism; however, do you want to live in a society where your views are monitored and controlled by a central Government? Didn't think so.

Mandriva will not pay protection money to Microsoft over Linux patent | Gadgetell

Link: Mandriva will not pay protection money to Microsoft over Linux patent | Gadgetell. The word from Canonical (Ubuntu), RedHat, and now, Mandriva, all providers of the Linux open source operating system, is that Microsoft will pry "protection money" from them for its alleged patents on operating system code from their cold dead hands. It is incredible that Microsoft, which lifted its initial operating system from others, now claims ownership, through purchase, of basic OS patents, and is threatening Linux. Microsoft, get a grip. The entire world will rise up in defiance if you continue along this ultimately self-destructive path. I am reminded of the McCarthy hearings: In the end, Microsoft, have you no shame?

Cato Scholars Square Off Resolved: The Bush NSA Surveillance Program Is Illegal

Link: Cato Scholars Square Off Resolved: The Bush NSA Surveillance Program Is Illegal. Lawyers should be interested in this debate video from the Cato Institute about the legality or illegality of the Bush Administration NSA Surveillance Program. There are hundreds of valuable law related videos and seminars collected from various sites at Fora.Tv , about which I posted yesterday. Here is the direct link to Fora, which I recommend your bookmarking for future use: Fora.TV Link to Video . Thinking deep thoughts? This will help.

FORA.tv - The World Is Thinking

Link: FORA.tv - The World Is Thinking. This is Internet TV for the thinking lawyer. Forget YouTube, and silly Paris Hilton videos. This is meaty stuff, and is the leading edge of using the Internet for something useful, rather than just entertaining. Think PBS for the Internet. You know that you would rather be doing something useful, right? In fact, this is a great place to get intelligent programming on subjects you need to learn about in a typical legal or litigation practice. Now, turn off the singing German twins, and get learning.

Bush Administration Attacks proposed Free Flow of Information Act

Article . Proving once again that support of free speech is not its strong suit, the Bush Administration attacked the new version of the Free Flow of Information Act as too broad, in that it will purportedly protect bloggers with a shield similar to that of print and broadcast journalists while publishing news. Whether the same or similar protections and exceptions; ie. no shield in cases of criminal investigations, are available to bloggers seems to cause headaches to the privacy police in the Administration. Free Speech is the right of all who are publishers of newsworthy information, and the test should be whether the content is journalistic and newsworthy, not whether it is published by a blogger or an employee of a large newspaper. Current libel law, and other protections are already in place to limit abuses. Why is the Administration afraid of this bill?

Palm Sells stake to Private Investors

Link: Excite Money & Investing. Treo owners have been disappointed with the Foleo initiative, which seems like innovation without an audience. However, the addition of two of the original IPod developers from Apple promises to make future Palm products much more interesting. Can Palm re-create the spark that created the IPod at Apple? Will future Treos look like the IPhone? The IPhone is scheduled for June 29th release. Future Treos will take a year or two. Will the market still be there by the time these guys get acclimated at Palm? We shall see. I, for one, would love to see a slim, light, Treo line of smart phones, with the same, or better, functionality. Keep the keyboard, Palm. That is, unless the next Palm smart phones will be voice enabled!

Microsoft trounces pro-ODF forces in state battles over open document formats

Link: Microsoft trounces pro-ODF forces in state battles over open document formats. As expected, Microsoft will not go gently into that good night, and is using its considerable clout, money and power to fight bills mandating ODF (Open Document Format) in State Governments. I am sorry to say that my State, Florida, was one of the five states that refused to pass such legislation. Government agencies are supposed to serve the people, aren't they? But, I suppose we shouldn't be surprised that ODF is meeting such stiff opposition. Oh, well, let's use it anyway.

Death By Email: Email Bankruptcy

Link: Death By Email: Email Bankruptcy. This post by Roger Matus is only funny upon first reading. Of course, we are all inundated by email, and the temptation to say "the Hell with it", and declare that you are starting over with email, is probably huge at times. However, as Mr. Matus opines, that is really a confession of incompetence, and an insult to your legitimate conversants. It is far better to get control of your email and your life; Roger says he is working on a solution, and I will be talking to him about it next week. In the meantime, get organized, and work through that email glut. Most people's email in-box looks a lot like their closet. Email doesn't bankrupt people. People bankrupt people.

Google Photos Stir a Debate Over Privacy - New York Times

Link: Google Photos Stir a Debate Over Privacy - New York Times. O.K. This is creepy. I hesitate to check what Google's cameras have caught in my front window. Mary Casey's cat is becoming famous; the question is, is this an actionable invasion of privacy? Security and privacy in the Internet age are creating all sorts of legal issues. Lawyers are going to be called upon to sort it out.

The History Channel - Memorial Day

Link: THE HISTORY CHANNEL - Memorial Day. Today, we remember. Today we are grateful for those who made the ultimate sacrifice.This wonderful resource from the History Channel is a great place to start this day. Thank You seems like such a feeble response to those who have died in the service of our country. In order to understand the origins of the Holiday, and the meaning behind it, watch this excellent video, at the History Channel, the Veteran's Experience .

Link: THE HISTORY CHANNEL - Memorial Day. Today, we remember. Today we are grateful for those who made the ultimate sacrifice.This wonderful resource from the History Channel is a great place to start this day. Thank You seems like such a feeble response to those who have died in the service of our country. In order to understand the origins of the Holiday, and the meaning behind it, watch this excellent video, at the History Channel, the Veteran's Experience .

Saturday Mornings

Blonde Cocker Spaniel Puppy - $1,000; Treo 700p smart phone - $599; Wireless stereo earphones by LG Electronics - $99; Mason Williams Phonograph Record ripped to MP3 and stored on the Treo - $13.99; sitting by Eagle Lake near my house, watching the dog watch the Egrets and Ducks, listening to Mason Williams on a Saturday morning - priceless.

Five crucial things the Linux community doesn’t understand about the average computer user (lawyer?)

Link: