Author Archives: Michael Froomkin

I Start A Legal Academics’ “Copyright Experiences Wiki”

Prompted by discussions on various law professor mailings lists of abusive copyright demands by law reviews and legal publishers, I've set up a quick wiki for legal writers to document their copyright experiences.

I don't know if law professors — many of whom will have never seen a wiki before — can be persuaded to contribute to this, especially as the instructions I've provided are pretty light weight. But it would be nice if this caught on.

So if you have ever published in a law review or a book with an academic press that does legal topics, please consider adding your copyright experience to this database.

Posted in Law School, Law: Copyright and DMCA | 5 Comments

Wilmer, Cutler to Merge with Hale & Dorr

I spent three years as an associate in the London office of Wilmer, Cutler & Pickering and still have warm feelings towards the firm, even though it has grown a lot in the decade plus since I was there, and there are fewer and fewer of the folks I knew. Now it's going to change (with the times?) by merging with Hale & Dorr, a Boston-based law firm, according to an email to firm alumni from WC&P managing chairman William Perlstein.

The initial word from the trade press seems positive, e.g. this item in the Washington Business Journal:

On the surface, the firms' practices mesh well: Both have strong litigation departments, and Wilmer's regulatory expertise combined with Hale and Dorr's corporate work would complement each other.

The firms' cultures also match, according to former attorneys at both firms.

“I would say that most law firm mergers are two dinosaurs mating, hoping to get a gazelle. That would not be the case here,” says Bill Flannery, president of WJF Institute, an Austin, Texas-based law firm marketing consultant. “Here you have two superior, cutting-edge, strong law firms. I'm very impressed by this merger, if in fact this is going to happen.”

Firm mergers tend to be difficult; for the sake of the folks I know at WC&P, I hope this one works out.

When I was there WC&P had a very intellectual and public-spirited culture, even in the branch offices (albeit slightly attenuated by distance); my sense is that this ethic has so far survived despite being under pressure from the exigencies of law firm economics. It's even possible, given the economies of scale in legal practice (which seems to push firms to being small boutiques or megafirms, with little room for midsize), that growth of this sort may be the only way to preserve that culture. It would be interesting, though, to hear from more recent and more senior WC&P alumni (hint).

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Posted in Law: Practice | Comments Off on Wilmer, Cutler to Merge with Hale & Dorr

NYT Covers Archivist Flap

The New York Times has an article today, Bush Nominee for Archivist Is Criticized for His Secrecy, on the controversy over the Bush administration's attempt to replace the Archivist of the US before he is willing to go.

The NYT item has lots about the prospective nominee, some positive, some not so positive. What it lacks is discussion of the timing issues that might motivate an administration to want to have its tame Archivist in office quickly. For those, please see last Saturday's blog item, Politicizing the Archives.

Posted in Politics: US: GW Bush Scandals | Comments Off on NYT Covers Archivist Flap

Feed the Homeless. Go to Jail.

Unless there's something we're not being told here, this is a sign that some people have lost all sense of morality. Can it really be a CRIME to share your picnic with homeless people? Even if the sharing is premeditated and the picnic somewhat pretextual?

It's legal to feed stray dogs but not hungry people? The ants can have their picnic but not the homeless? You need a FEEDING LICENSE TO GIVE FOOD TO THE HOMELESS IN TAMPA?

3 Arrested During 'Picnic' With Homeless In Park: The feud between the group Food Not Bombs and the police has been going on since at least March 21. Group members, many of whom are students at the University of South Florida, say it is their right to feed anyone, anywhere they see the need.

City officials say any group wanting to gather in the park must pay an application fee and buy insurance. Mayor Pam Iorio has said Massey Park does not have the facilities necessary for feeding the homeless.

Durkin said the group could also affiliate with a recognized feeding organization.

Members of Food Not Bombs, including Anthony Schmidt, say they do not feel they should have to do that.

“It's a contradiction to say we can't have a picnic and share with our friends,'' he said.

(spotted via the aptly-named The American Street)

We should be giving awards to people who feed the hungry, not arresting them.

How low can we go?

Posted in Florida, Law: Criminal Law | 1 Comment

Wiki List of ‘Scholars Who Blog’

Alexander Halavais has started a wiki list of Scholars Who Blog. So far he has about 400, and invites those missing to add their names.

Posted in Blogs | Comments Off on Wiki List of ‘Scholars Who Blog’

Paul Vixie Prophesizes that Spam Spells Doom for DSL Users

Lots of people are suggesting that the ever-increasing wave of spam may bring e-mail as utility to its knees. Others are saying that when something is threatened, it fights back.

Paul Vixie is a genuine Internet pioneer, and a (the?) DNS guru. He was behind one of the big — and somewhat controversial — projects to 'blackhole' ISPs whose equipment was used by spammers. But although those projects did block some spam — and also caused harm to innocent bystanders — they proved insufficient to stem the spam tide.

Yesterday, Vixie (on the Nanog mailing list) delivered a prophesy about where this is leading. It deserves to be taken seriously. It is not pretty. In Vixie's view, if blackholing fails, the next step is a whitelist Internet—at the service provider level.

… you'd better prepare for the inevitability of widespread filtering against your DSL/Cable blocks

[…]

DSL/Cable is a fine access product, it's better than a phone line & modem because it allows faster web surfing, movies/mp3/etc on demand, and soon VoIP. but no e-mail server anywhere can afford the risk of accepting e-mail or any other push-data from them. risk management, in this case, is going to come in the form of widespread e-mail rejection from all DSL/ Cable blocks. “talk to the hand.”

[Then, in response to an earlier poster's suggestion that the solution to spam is “better ways to identify the specific sources of the unwanted traffic, even if they change IP addresses”]

my informal survey says the bad guys are better at this stuff than we are,
and they're getting better every day, and we're not. the trend isn't good.

As a DSL user I find the idea that my email will be seen as 'high risk' to be very ominous.

Posted in Internet | 4 Comments