The Undeniable Ruth Rotating Header Image

intellectual property

Appearance on Kade Dworkin’s Meet My Followers

My friend, Kade Dworkin, started a new podcast this month called Meet My Followers.

Kade Dworkin

Each show is a 20-minute interview with one of his followers from Twitter.  I was impressed when I saw that he’s challenging himself to release a new show every weekday morning.  So far he’s had some awesome and interesting guests – including me.

I met Kade in November 2009 when we were both presenters at Ignite Phoenix #5.  He spoke about “The Art of Misusing Stuff,” and my presentation was “Frosting the Law.”  Since then I’ve stayed connected to him and his adventures on Twitter and Facebook.  When he announced that he was starting this podcast and was soliciting guests for it, I immediately said I was in.

Kade asks all of his guests who they follow on Twitter.  I had to gush about some of my favorite people:

  • Lawyerist: @lawyerist, one of my favorite legal blogs
  • Eric Mayer: @ericlmayer, one of the best attorneys and courtroom advocates I’ve ever seen.  He’s new to Twitter, and his blogs are very thought-provoking.
  • Evo Terra: @evo_terra, my friend that I love for his intelligence, humor, and the fact that he just tells it like it is.  I’m also a fan of the occasional guest tweet from @jmoriarty.  Evo’s podcast is one of the highlights of my week.

We also talked about why I decided to go to law school and my aspiration to practice intellectual property and internet law, and to keep the crew at Improv AZ out of jail.  I’m glad that there are people like Kade who work in this area who remind me that there will be plenty of work for a neophyte lawyer in this area after I graduate.  You can listen to my episode of Meet My Followers on iTunes or on the show’s website.

Thank you, Kade for having me on your show.  I had a lot of fun and I look forward to hearing who is going to be on your show next.

Enhanced by Zemanta

The Legal Side of Blogging – Part 1 of 4: Can My Blog Get Me Sued?

Disclaimer: I am not a lawyer. I am a law student. In accordance with ABA policy, this blog should not be viewed as legal advice. It is simply my experiences, opinions, and stuff I looked up on the internet.

First Amendment
Image by NomadicEntrepreneur via Flickr

Thanks to the First Amendment, we have the right of free speech in the United States. There are limits on free speech  regarding the time, place, and manner of the speech which is why we can’t shout “Fire!” in a crowded theatre. The First Amendment also doesn’t protect obscenity or libel.

Speech on the internet is generally protected, including anonymous speech. I don’t understand why people want to speak anonymously in this public forum, but the law protects it.

Americans are very quick to sue people they don’t like, so the real question is, can I be sued and lose because of my blog? A quick search on the database and Google has revealed that bloggers have been successfully sued for their blogs.

Defamation and Libel
Based on case law I read, a blogger can be sued for defamation and libel if they use their blog to make false statements about a public figure. The courts seem to apply a broad definition to “public figure.” If the public figure the blogger talks about in their blog can show that the blogger made a false statement about them and that the statement was made with “actual malice,” then they have a valid claim for defamation and libel.

Conversely, a blogger’s personal opinion is protected by the First Amendment. It’s only when they are making statements of fact or a combination of fact and opinion that they have to be concerned that they could be sued if they are publishing false statements.

Copyright Infringement
A person gets a copyright if they create an original work of authorship that is fixed in a tangible medium. They don’t have to register their work in any database; they just have to create it. Therefore, bloggers should own the copyright for all their posts, unless they previously gave up their copyright rights to someone else. If a blogger posts someone else’s material and claims it as their own, that’s copyright infringement. Writing about the same ideas is ok; stealing someone’s verbiage is not.

I don’t know why anyone would do this – isn’t the purpose of having a blog to express your own views and ideas? I suspect few bloggers are policing the internet looking for people infringing on their work and most aren’t equipped with the resources to file a claim against another blogger for stealing their work. I’m fine with people stealing my verbiage for their blog as long as they include a link back to this site. My guess is most bloggers are equally fine with others quoting them as long as they get the attribution.

You Can Be Sued for Your Comments – Not Sure If You Can Lose
Aaron Wall was sued by Traffic-Power.com when negative comments about the company appeared on Wall’s website, SEOBook.com. Wall opted to remove the comments about Traffic Power instead of spending his time, energy, and money to fight the lawsuit.

I don’t know what the comments about Traffic Power said, but it makes me wonder if other companies will threaten lawsuits against bloggers to remove negative comments about themselves online. Most bloggers probably won’t want to go through the time and hassle of fighting the suit, even when the comments might be protected by the First Amendment. Even if there wasn’t a valid case in this situation, it should serve as a reminder that bloggers are responsible for the comments they allow to be posted on their sites.

Reblog this post [with Zemanta]

Geek Quest

I want to find my people in the legal world, and by “my people” I mean my fellow geeks.  As it’s been told to me, getting a job after law school isn’t about what you know, but who you know.  This isn’t new information.  One of my mentors said at the beginning of my professional career that 85% of getting a job is networking.

I am a geek
Image by Julia Roy via Flickr

The second year of law school is the time to make contact with the firm you want to work for after graduation.  Ideally, you work for the firm during your 2L summer and get an offer at the end of the summer for a job after graduation.  I want to work for a firm that does intellectual property (IP) work.  My goal is to meet lawyers who are geeks like me.  I want to meet other geeky IP lawyers who can’t change the fact that they’re geeks and make it work for them as lawyers.  I want to work for a firm where geeks are accepted and applauded.  I sent an email to an IP lawyer in Phoenix asking for his recommendations about who I should meet.

My IP lawyer friend said he doesn’t know any geeky IP lawyers and that all the geeks he knows are scientists and engineers.  His only advice was most firms give their lawyers “great latitude to do whatever you want outside the office, as long as you do excellent work.”  I was a little sad to hear that an IP lawyer, of all people, didn’t know any geek lawyers.  I refuse to believe that there aren’t any geeks out there…it will just take some effort to find them.

On a happy note, I was so relieved to meet a lawyer who truly had passion for practicing law, and it wasn’t about getting rich.  He spent over an hour with my fellow interns and me talking about how important it is to not sacrifice your soul, personality, or hobbies for the sake of your career.

So my quest continues to find my fellow geeks.  I want to meet lawyers who understand the joy of celebrating science holidays, who understand the importance of making the pilgrimage to the future birthplace of Captain Kirk, and who understand why I want to have a koosh ball on my desk instead of a paperweight.

Enhanced by Zemanta