Friday, January 17, 2003
Proliferous
GlennReynolds.com has been serving up some acutely wonderful fare in its mere couple of days in existence.
On Sony:
One thing I’ve learned from writing on the Web, where people can easily email in response, is that my readers are smarter than I am — often individually, and always collectively. If I can learn that despite a professorial ego, surely companies can learn that their customers are, collectively, smarter than they are, and seek to take advantage of it rather than fight it. I predict that the ones that learn this lesson will do a lot better in coming years than the ones that don’t.On Eldred:
While many people are unhappy with the Intellectual Property implications of this decision, its most striking aspect is the strict constructionists’ abandonment of the principles of limited government.I bet that last has elicited enough double takes and head-nods to keep the entire chiropractic industry employed for the next six months. Get on over there and take it all in. We don't know how you do it Glenn, but thank goodness you exist -- it would be impossible to invent you!
posted by Denise at 1:58 PM
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Watch This Space
Seems to me Kevin and Jonas are onto something with their LazyBlawg concept, and they may well have the savvy and technical chops to pull it together. See also Shelley's thoughts about LazyWeb and the ensuing comments, as well as this post ["Would it be possible to create specific sub-category (e.g., Lazyweb for Legal) feeds?"] and Ben Hammersley's comment.
posted by Denise at 12:51 PM
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What Goes Up
Jack Balkin: "[A]fter thinking about Eldred’s First Amendment analysis, it seems to me that the Supremes have made new law that puts the DMCA into question."
posted by Denise at 10:00 AM
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Only One Dilemma
Where to put the pizza? [Personal Computing Environments, via Fresh Gear] Yes, you need the "massage" option.posted by Denise at 8:16 AM
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Thursday, January 16, 2003
Match Made In Heaven
posted by Denise at 5:32 PM
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Congress Shall Have The Power
And, per yesterday's Eldred decision, it's a broad one. I'm not going to talk about the case here (no time and little need; the blog coverage and commentary has been beyond excellent), except to mention something tangential-yet-related that I haven't yet seen mentioned in this context: the critical importance of judicial compensation and appointment issues. Decisions like this drive home the need for incentives and processes designed to put our most rigorous thinkers on the courts, particularly appellate tribunals. It is not unusual for the gatekeeping role of the judicial branch to impact decades, even centuries, of social and commercial relationships.
Moving deftly from the sublime to the ridiculous, I was too busy researching, writing and meeting about other things to sit down and read the Eldred decision and dissents yesterday. It's times like this when the power of the blog world comes home to me with all its force. With only intermittent, five minute intervals at my disposal throughout the day, I could nevertheless take in the penetrating analyses of legal scholars, professionals and activists well versed in all the nuances. What an enormous treat and privilege. Huge thanks again to Donna Wentworth for serving as a human conduit to so much of the discussion.
It occurred to me during these Eldred breaks that journalists preparing their January 16 articles really should be availing themselves of this wealth of expertise and source material. This morning I was happy to see at least one did. David Streitfeld's L.A. Times Business Section piece (Entertainment Industry Breathes Sigh of Relief Over Court Action) includes writings from Larry Lessig's blog. (I have no idea whether Mr. Streitfeld tried to to talk with Professor Lessig directly, but journalists must be starting to appreciate when someone they can't reach for comment turns out to be a blogger.) The article also quotes Siva Vaidhyanathan, Bruce Sterling, Joe Kraus (of Digital Consumer) and Carey Ramos.
More reading not to miss: Larry Lessig's late night thoughts about the silent five, and perspectives from Howard Bashman and Ernie Svenson on the role of the Supreme Court. (Thanks too to Howard for noting the Court's perhaps inaugural citation to The Green Bag.)
posted by Denise at 8:56 AM
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Wednesday, January 15, 2003
Donna. Eldred. Now.
SCOTUSblog too.
[Update (Noon)] Donna's coverage continues to be top notch. Jack Balkin promises his take on the first amendment issues later.
[Update (1:00 p.m.)] The SCOTUSblog's discussion board on Eldred is here.
posted by Denise at 8:55 AM
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Best Headline Of 2003 Nominee
Yes it's early, but "A Cheeky Protest" (Joe Garofoli of the San Francisco Chronicle *covers* the forthcoming Unreasonable Women Bring Witness anti-war activities) sets the bar high. Justice Bedsworth discusses the Nigerian women who reportedly inspired the northern Californian group, and points out that, culturally, things are a little different here: "In this country, naked women would be a perk. If the union could arrange a few hundred naked women to come by the jobsite every day, their men would work for free. The whole concept of minimum wage would go right out the window. [n.4: Female union members would still have to be paid, but the disparity in wages issue would soon become moot.]"
posted by Denise at 6:52 AM
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Tuesday, January 14, 2003
Funkadelic!
posted by Denise at 9:53 PM
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Horsetrading, Examined
Please see Donna's entry, here, for a comprehensive rundown of the much-discussed RIAA/tech industry - digital rights legislation agreement, which has now been Slashdotted.
posted by Denise at 4:57 PM
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Aidez Clone
Attorney Bernard Siegel in Florida has asked a court to appoint a guardian ad litem over the female child purportedly cloned by the Clonaid company, and served related subpenas. [via The Miami Herald, CNN] FindLaw has the guardianship petition (PDF).
posted by Denise at 3:43 PM
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Getting Some "T"
I wish I knew exactly why Cory Doctorow's tiki-themed posts, like this one, have the ability so consistently to paint a grin on my face. Whatever the nature/nurture trigger, it's part of why it's fun to live in southern California: you never know when your meanderings will serve up Roadside Peeks like these here, or when your commute will include a tip o' the straw to the House of Tiki.
posted by Denise at 2:18 PM
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Getting Meta
Bill Gratsch, also of the eGovLinks page and weblog, has started a blawg directory at Blawg.org. [via The Blawg Ring] This is pretty new (looks like its first batch of links were added on 12/31), and appears to have the flexibility to become an excellent resource. For now, I have some minor quibbles with the structure/taxonomy (e.g., it doesn't appear possible to search by URL?). It also would be neat to see the material presented non-categorically, such as a way of viewing the listings by "freshness"/recently updated, and by add date. (If you've been waiting for the "Blawg"-embazoned Classic Thong, I'm afraid the wait continues.) There are listings at Blawg.org and at the Blawg Ring that are new to me, so look for updates here soon.
The University of Waikato (New Zealand) Law Library also is rounding up legally oriented blogs on its Legal Weblogs page, and has kind, if questionable, taste in introductory quotations. More links here I hadn't seen yet; it's good to see the Blawg Patrol alive and well in the southern hemisphere!
posted by Denise at 9:29 AM
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Monday, January 13, 2003
The Ongoing Net Jurisdiction Tug Of War
Some links this morning on the Net jurisdiction front:
The Financial Times: U.S. Court May Take Internet Jurisdiction Case [via ILN]
[Update: Nope. Cert denied (PDF).]
Michael Geist looks looks at tech law trends for 2003 in The Toronto Star: Courts Poised To Decide Internet 'Borders' [via ILN]
Declan McCullagh reports on District Judge Wilson's 46-page ruling that an Australian software company could be sued in California: Judge: Kazaa Can Be Sued In The U.S. [via Dan Gillmor]
Dan Gillmor had this cogent critique last month of the Australian high court's recent Net jurisdiction decision.
posted by Denise at 8:25 AM
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Unless otherwise expressly stated, all original material of whatever nature created by Denise M. Howell and included in the Bag and Baggage weblog and any related pages, including the weblog's archives, is licensed under a Creative Commons License.
