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kottke.org posts about legal

The case of Kelbessa Negewo, former Ethiopian

The case of Kelbessa Negewo, former Ethiopian government official and assused of torture and human rights abuses, and how a chance encounter with one of his alleged victims in an Atlanta hotel has turned into a 15-year legal battle.


Mexican president Vicente Fox didn’t sign the

Mexican president Vicente Fox didn’t sign the bill legalizing small quantities of drugs for personal use because of US pressure due to drug tourism fears. What I don’t understand is…why not just make it legal for Mexican citizens to allay US fears? Besides, anyone who goes to Mexico for drugs can get them if they want anyway, law or no.


Michael Crichton on the sad state of

Michael Crichton on the sad state of patents in the US, particularly those related to medicine. “Any doctor who reads a patient’s test results and even thinks of vitamin deficiency infringes the [homocysteine/B-12] patent. A federal circuit court held that mere thinking violates the patent.”


Because of the Eolas patent crap, Microsoft

Because of the Eolas patent crap, Microsoft is updating Internet Explorer so that you need to click to “activate” any Flash or Quicktime applet. There’s a workaround that involves replacing all your and tags with JavaScript functions that write those tags. This is going to make a lot of web sites a pain in the ass to use with IE and developers are going to have to modify a lot of code. What a nightmare. (thx, dunstan)


It’s so easy for people to get

It’s so easy for people to get all ranty and unbalanced about the MPAA, movie piracy, and copyright issues…Derek has a refreshingly clear and steady take on the issues involved and how the industry middlemen are making things hard for everyone but themselves.


I was recently wondering if any of

I was recently wondering if any of the Creative Commons licenses had been upheld in court; a CC license was recently upheld in a Dutch courtroom.


Rogers Cadenhead, after receiving a letter from

Rogers Cadenhead, after receiving a letter from Dave Winer’s attorney: “I’ve never been more retroactively embarrassed to have paid someone a compliment in my life.”


Andy got a cease and desist from

Andy got a cease and desist from Bill Cosby’s legal team for hosting the satirical House of Cosbys videos, and he’s going to fight it. “More than anything, this strikes me as a special kind of discrimination against amateur creators on the Internet. Mad Magazine, Saturday Night Live, South Park, The Simpsons, Family Guy, and countless other mainstream media sources have parodied Bill Cosby over the years.”


Meghann Marco, the woman who was upset

Meghann Marco, the woman who was upset at her publishing company for 1) not putting her book on Google Print, and 2) instead suing Google, has finally gotten her book listed on Google Print.


The fashion industry doesn’t try to control

The fashion industry doesn’t try to control its creativity the way that the music and film industries do. “The fashion world recognizes that creativity cannot be bridled and controlled and that obsessive quests to do so will only diminish its vitality. Other content industries would do well to heed this wisdom.”


This guy has had enough of the

This guy has had enough of the pre-exit receipt checking at Best Buy (you’re under no legal obligation to comply) but is hassled by Best Buy employees about seeing his receipt all the way out to the parking lot.


Andreas Pavel was the inventor of the

Andreas Pavel was the inventor of the portable music player (aka Walkman). “I was in the woods in St. Moritz, in the mountains. The snow was falling down. I pressed the button, and suddenly we were floating. It was an incredible feeling, to realize that I now had the means to multiply the aesthetic potential of any situation.”


Scott Nelson produces a “tribute brand” called

Scott Nelson produces a “tribute brand” called MIKE that’s an homage to Michael Jordan, Nike branding, and shoes. After looking at his products (photos and interviews here and here), I’m amazed Nike hasn’t sued him back to the Stone Age. Nelson’s site is mike23.com.


“no sampling, please”, a photoset depicting binge-sampling

“no sampling, please”, a photoset depicting binge-sampling of nearly everything in sight, contrary to posted signage.


On the copyright of recipes. Recipes are

On the copyright of recipes. Recipes are covered by US copyright law but not very well and very few suits get brought against those who republish them without permission. For the most part, it sounds like food folks recognize the essential remix culture of cooking. (via matt)


The Dover, PA evolution vs. intelligent design

The Dover, PA evolution vs. intelligent design ends with the judge ruling against the teaching of ID in the classroom because it violated the “constitutional ban on teaching religion in public schools”. “We find that the secular purposes claimed by the board amount to a pretext for the board’s real purpose, which was to promote religion.”


Surowiecki on the sorry state of the

Surowiecki on the sorry state of the US patent system. “Since the [USPTO] is funded by patent fees, as opposed to getting its budget from Washington, it has a financial incentive to process applications as quickly, rather than as diligently, as possible.”


Support the EFF and the rights of

Support the EFF and the rights of bloggers by putting a badge on your site. Here’s a list of things that the EFF is fighting for on behalf of bloggers.


The evolution** of spam

The 419 Nigerian spammers are getting smarter. This letter I received the other day offered URL references:

Dear Friend,

I am Larisa Sosnitskaya and I represent Mr. Mikhail Khordokovsky the former C.E.O of Yukos Oil Company in Russia. I have a very sensitive and confidential brief from this top (oligarch) to ask for your partnership in re-profiling funds US$46 Million. I will give the details, but in summary, the funds are coming via Bank Menatep. This is a legitimate transaction. You will be paid 20% as your commison/compensation for your active efforts and contirbution to the success of this transaction.

You can catch more of the story on This website below or you can watch more of CCN or BBC to get more news about my boss.

http://www.mosnews.com/mn-files/khodorkovsky.shtml
http://www.mbktrial.com/
http://news.bbc.co.uk/1/hi/business/3213505.stm
http://www.themoscowtimes.com/stories/2005/04/11/041.html
http://www.nndb.com/people/633/000025558/

If you are interested, please do indicate by providing me with your confidential telephone number, fax number and email address and I will provide further details and instructions. Please keep this confidential as we cannot afford more political problems. Please do send me your response as soon as possible via my personal email :[email protected] OR [email protected].

look forward to it.
Regards,
Larisa Sosnitskaya

Seems like pretty good evidence to me…where do I send the check?

**That’s right, evolution. Sit on it, Potsie.


George Dyson visits Google on the 60th

George Dyson visits Google on the 60th anniversary of John von Neumann’s proposal for a digital computer. A quote from a Googler — “We are not scanning all those books to be read by people. We are scanning them to be read by an AI.” — highlights a quasi-philosophical question about Google Print…if a book is copied but nobody reads it, has it actually been copied? (Or something like that.)


Our short national nightmare is over, Harriet

Our short national nightmare is over, Harriet Miers has withdrawn her nomination for the Supreme Court (her letter). However, our long national nightmare still has 1181 days to go.


Parable about Google’s Library Project and copyright (

Parable about Google’s Library Project and copyright (discussed here last week). “All I have to do is borrow the CDs or DVDs, downloaded music or video or whatever, copy them, and then offer some sort of ‘fair use’ excerpt index service, just like Google is doing with the books. It’s the perfect gimmick.”


Book author to her publishing company: your lawsuit is not helping me or my book

I got an email this morning from a kottke.org reader, Meghann Marco. She’s an author and struggling to get her book out into the hands of people who might be interested in reading it. To that end, she asked her publisher, Simon & Schuster, to put her book up on Google Print so it could be found, and they refused. Now they’re suing Google over Google Print, claiming copyright infringement. Meghann is not too happy with this development:

Kinda sucks for me, because not that many people know about my book and this might help them find out about it. I fail to see what the harm is in Google indexing a book and helping people find it. Anyone can read my book for free by going to the library anyway.

In case you guys haven’t noticed, books don’t have marketing like TV and Movies do. There are no commercials for books, this website isn’t produced by my publisher. Books are driven by word of mouth. A book that doesn’t get good word of mouth will fail and go out of print.

Personally, I hope that won’t happen to my book, but there is a chance that it will. I think the majority of authors would benefit from something like Google Print.

She has also sent a letter of support to Google which includes this great anecdote:

Someone asked me recently, “Meghann, how can you say you don’t mind people reading parts of your book for free? What if someone xeroxed your book and was handing it out for free on street corners?”

I replied, “Well, it seems to be working for Jesus.”

And here’s an excerpt of the email that Meghann sent me (edited very slightly):

I’m a book author. My publisher is suing Google Print and that bothers me. I’d asked for my book to be included, because gosh it’s so hard to get people to read a book.

Getting people to read a book is like putting a cat in a box. Especially for someone like me, who was an intern when she got her book deal. It’s not like I have money for groceries, let alone a publicist.

I feel like I’m yelling and no one is listening. Being an author can really suck sometimes. For all I know speaking up is going to get me blacklisted and no one will ever want to publish another one of my books again. I hope not though.

[My book is] called ‘Field Guide to the Apocalypse’ It’s very funny and doesn’t suck. I worked really hard on it. It would be nice if people read it before it went out of print.

As Tim O’Reilly, Eric Schmidt, and Google have argued, I think these lawsuits against Google are a stupid (and legally untenable) move on the part of the publishing industry. I know a fair number of kottke.org readers have published books…what’s your take on the situation? Does Google Print (as well as Amazon “Search Inside the Book” feature) hurt or help you as an author? Do you want your publishing company suing Google on your behalf?


Astrology is valid science?

Not from The Onion: US biochemistry professor admits that astrology would be considered valid science according to his own personal definition. Said a spectator of Pennsylvania ID trial: “I can’t believe he teaches a college biology class”.


Twenty percent of the human genome is

Twenty percent of the human genome is patented. I expect that someday in the future, my morning will be interrupted by a lawyer telling me that the company he represents holds a patent on the biochemical conversion of foodstuffs to energy suitable for powering a biological organism and that I should cease and desist eating my Cheerios.


The right of Conde Nast to sell

The right of Conde Nast to sell The Complete New Yorker (which is completely awesome from a content standpoint, BTW) without paying authors for republish rights is a gray area legally. National Geographic has stopped selling a similar collection because of the unsure legal terrain.


Librarian gets even with an annoying junk

Librarian gets even with an annoying junk faxer and even gets the guy’s airplane seized…and all the proceeds from the sale will go to the Leukemia Society.


Tim O’Reilly op-ed about the Authors Guild’s

Tim O’Reilly op-ed about the Authors Guild’s lawsuit against Google regarding their Library Project. “Obscurity is a far greater threat to authors than copyright infringement, or even outright piracy”. The op-ed follows Tim’s earlier post on the subject.


An ethical will is a good way

An ethical will is a good way to pass on your values to your descendants. Here’s a template and some advice to get you started.


A list of things that are not

A list of things that are not specified in the US Constitution.