31 October 2008

TGIS: Thank God It's Schadenfreude! (191)

This week's joy in the misfortune of others comes courtesy of Reuters (from Monday, October 27; link good at time of posting):
An Austrian man, charged with drink driving, drove to a police station to complain about the charge whilst drunk, officials said on Monday.

The 65-year-old had his driving license and car keys first taken away from him on Sunday after driving while over the alcohol limit in the northern city of Linz.

He then went home, picked up his spare car keys, went back to the abandoned car and drove to police headquarters to explain why he was unhappy with the charge.

"When the driver tried to show police officers what had happened the first time, they detected he was still under the influence of alcohol," police said in a statement. The driver was charged a second time.

[Previous TGIS]

30 October 2008

Random Thought (14)

I've been mishearing the lyrics to "Me & You & A Dog Named Boo" all these years. The animal in question is clearly just a contingency plan should these itinerant hippies' vehicle break down somewhere where they cannot "live off the land" as "free men." Once one realizes this, it's quite obvious that the dog's name is "Food," not "Boo."

[Previous Thought]

29 October 2008

IP and Transactional Skills -- Two Great Tastes Which Taste Great Together

In passing this morning, I mentioned a post from Shubha Ghosh, who's guest-blogging over at The Conglomerate. Ghosh writes concerning the overlap between intellectual property and transactional skills:
There are five areas where intellectual property and transactional legal skills overlap: (1) formation of a business, (2) licensing, (3) employment, (4) identifying sources of transactional value, and (5) securities disclosure and due diligence. Transactional skills are most critical at the formation stage of a business. The formation stage also raises numerous intellectual property issues: trademark registration and protection, patenting, the identification and clearance of IP rights. Businesses, at various stages, have to decide between making or buying, a decision which affects the negotiation and drafting of licenses. The internal organization of a business also hinges on employment decisions, the choices of whether to use independent contractors or employees and the terms on which these parties are hired. The choice of type of worker and terms may be shaped by the intellectual property strategies of the firm. Finally, intellectual property is a source of transactional value within a firm, and the identification of IP sources of value would affect disclosure requirements and the due diligence of a seller and purchaser of a firm's securities and other assets.

These five practical areas of overlap translate into a distinct set of transactional skills that can be effectively conveyed through the teaching of intellectual property. The first is identifying business assets. Understanding intellectual property law and institutions is critical in identifying the sources of value for a business and the types of business assets which can be the basis for realizing value. Identifying what is a patent, copyright, and trademark as well as what can be protected by patent, copyright, or trademark is foundational for recognizing and valuing business assets. The second skill is understanding how background common and statutory law serve as defaults for contractual negotiation in some instances and as immutable rules in others. In other words, law shapes the contours of a business asset and affects its value. The final skill is negotiating rights over intellectual property in order to realize and transfer these sources of value and to avoid litigation over these assets. Intellectual property provides a basis for teaching business planning and organization skills.

I think that's dead-on. What's more, I'd suggest that the street runs the other way as well. While Ghosh, as an academic, is understandably concerned with the utility of intellectual property to teach transactional skills, I think that transactional skill-building across multiple disciplines is a useful means to teach core intellectual property knowledge.

What he's getting at, if I'm understanding correctly, is that the processes by which the teaching of legal knowledge is separated from the building of practical transactional skills needs to be rethought. To take things a step further, though, this means not just integrating transactional work into academic work, but also teaching academics through practical methods, as opposed to approaching these solely from a traditional law school curriculum.

While IP work is certainly a knowledge-intensive area of law, it is at its heart about problem-solving and value creation. Starting from a "problem" like the business formation Ghosh mentions allows for greater and more meaningful exploration of IP law than does a casebook and lecture approach. Practical exploration doesn't need to supplant traditional methods, but it should figure into teaching much more than it did when I studied (and, I suspect, more than it does currently).

I learned more about IP law through my work with technology entrepreneurs than I did from my coursework; most practicing attorneys would probably relate similar experiences. The value of the practical approach to core knowledge shouldn't be just an open secret amongst practitioners. Let's build better practitioners by letting law students in on our secret.

27 October 2008

California, Here I Come

We have great weather, In-n-Out Burger, and Disneyland. As Kimberly Kralowec points out in Blawg Review #183, California also offers an abundance of great legal blogging.

I had the pleasure of meeting Kimberly at one of Professor Eric Goldman's periodic meetups of Bay Area legal bloggers; she does a commendable job of gathering the stars of those meetups as well as others from around the Golden State in this California-centric edition of the carnival of legal blogging. Highlights include coverage of the Brinker decision, thoughts on getting crossed by LawCrossing, and determining the candidates' positions on intellectual property.

We'll have a chance to kick back next week when the lounge lizards over at The Faculty Lounge host Blawg Review #184.

24 October 2008

Abandon hope, all ye who podcast here

My love of Dante has been well-documented (see here, here, and here) and rewarded (see here, here, and here). For those of you who've yearned for a more scholarly treatment of the first canticle of Dante's Divine Comedy, Inferno, the most recent episode of Melvyn Bragg's BBC Radio 4 program, In Our Time, covers the topic and is available online.

TGIS: Thank God It's Schadenfreude! (190)

This week's joy in the misfortune of others comes courtesy of the Associated Press (from Thursday, October 23; link good at time of posting):
A 43-year-old Japanese woman whose sudden divorce in a virtual game world made her so angry that she killed her online husband's digital persona has been arrested on suspicion of hacking, police said Thursday.

The woman, who is jailed on suspicion of illegally accessing a computer and manipulating electronic data, used his identification and password to log onto popular interactive game "Maple Story" to carry out the virtual murder in mid-May, a police official in northern Sapporo said on condition of anonymity, citing department policy.

"I was suddenly divorced, without a word of warning. That made me so angry," the official quoted her as telling investigators and admitting the allegations.

The woman had not plotted any revenge in the real world, the official said.

She has not yet been formally charged, but if convicted could face a prison term of up to five years or a fine up to $5,000.

Players in "Maple Story" raise and manipulate digital images called "avatars" that represent themselves, while engaging in relationships, social activities and fighting against monsters and other obstacles.

The woman used login information she got from the 33-year-old office worker when their characters were happily married, and killed the character. The man complained to police when he discovered that his beloved online avatar was dead.

[Previous TGIS]

22 October 2008

How do you say "congratulations" in Hindi?

I've no clue, so I'll just say it in English: Congratulations, India, on your successful first moon launch.

This historic occasion also causes me to reminisce about the time, several years ago now, when Reason magazine's Hit & Run blog called one of my Fark headlines the "Headline of the Year". That headline, when India's space program had just been announced, was "India plans two moon missions. First will map lunar terrain, second will establish call center." Good times.

20 October 2008

A man walks into a bar exam with a duck on his head...


OK, confession time here. Back in 1995, I took the Oregon bar exam at the Oregon Convention Center in Portland. To my relief and others' dismay, I passed the first time around; nevertheless, it was a solid year before I could drive past that building without my stomach tightening.

Thankfully, my second bar exam was stress-free. I suspect it's because I'm better prepared for the exam concocted by Preaching to the Perverted's Dave Gulbransen in this week's Blawg Review #182. This exam goes well beyond Blackacre and contrived transferred intent hypotheticals. From discovering the weaknesses of the DMCA takedown system during one's presidential campaign to discovering glossy law porn ("I swear, I only read it for the articles of incorporation!") to discovering that little Laura Ingalls has grown up and retained counsel, the twenty questions in #182 offer something for everyone.

Kimberly Kralowec will be tested next week when she hosts Blawg Review #183 at her site, The UCL Practitioner. We can be certain that she'll come through with flying colors. After all, Practitioner makes perfect.

17 October 2008

TGIS: Thank God It's Schadenfreude! (189)

This week's joy in the misfortune of others comes courtesy of the Associated Press (from Tuesday, October 14; link good at time of posting):
Adolfo Paz Gracia, 35, Javier Carreno Cruz, 29, and Jose Diaz Valenzuela, 29, were booked into Fourth Avenue Jail in Phoenix on three counts of forgery and one count of fraud schemes each.

Chandler [Arizona] police responded Sunday to a Wal-Mart store when employees reported three men bought a laptop computer and returned with an empty box, claiming a laptop was never in it.

Thinking the men were attempting to defraud the store, store employees called police.

When police arrived, one of the men ran away. During the chase, he threw credit cards to the ground. Police recovered the cards and determined they were forgeries.

. . . .

Store employees later discovered they had indeed sold an empty box to the three men.

[Previous TGIS]

13 October 2008

Feeling conflicted? Today's your lucky day.

Soon-to-be Blawg Review Sherpa Emeritus Diane Levin hosts this week's Blawg Review #181 at her Mediation Channel blog. As Diane explains, today is International Conflict Resolution Day, co-sponsored by the Association for Conflict Resolution and the World Mediation Forum to promote awareness of conflict resolution resources. The focus of the day seems to be upon resolving interpersonal conflict, so it'll probably do little to ease your intrapersonal conflict over your voting choices or your extrapersonal conflict with global economic forces beyond your control. Notwithstanding, if you have a running argument with your office mates about which posts were the best legal blogging of the past week, #181 will be just the thing. Highlights include lawyers behaving irrationally, the advisability of suing people to get them to return your calls, and bravely continuing on despite a traumatic hair coloring mishap. Dave Gulbransen hosts next week's Blawg Review at his Preaching to the Perverted blog.

10 October 2008

TGIS: Thank God It's Schadenfreude! (188) . . . The Sequel!

This week's bonus joy in the misfortune of others comes courtesy of Telegraph.co.uk (from Tuesday, October 7; link good at time of posting):
Richard Fuld, the disgraced head of Lehman Brothers, was punched in the face in the office gym amid the bank's collapse.

Mr Fuld, who has been testifying on the financial crisis before the US House Oversight Committee, was attacked on a Sunday shortly after it was announced that the banking giant was bankrupt.

Following rumours that the incident had occurred, Vicki Ward, a US journalist, said "two very senior sources - one incredibly senior source" had confirmed it to her. "He went to the gym after ... Lehman was announced as going under," she told CNBC. "He was on a treadmill with a heart monitor on. Someone was in the corner, pumping iron and he walked over and he knocked him out cold.

"And frankly after having watched [Mr Fuld's testimony to the committee], I'd have done the same too."

"I thought he was shameless ... I thought it was appalling. He blamed everyone ... He blamed everybody but himself."

[Previous TGIS]

TGIS: Thank God It's Schadenfreude! (188)

This week's joy in the misfortune of others comes courtesy of the Las Vegas Review-Journal (via Deadspin) (from Sunday, October 5; link good at time of posting):
O.J. Simpson was so confident that he was going to beat the rap again that he had an acquittal party planned, it was learned.

Simpson associate Thomas Riccio, after an in-studio interview Friday with radio talk-show host Anthony Crivello and retired Las Vegas police detective Phil Ramos, invited them to join O.J.'s entourage at an undisclosed location.

"That's how certain he was," Crivello said during an interview on Saturday, a day after Simpson and co-defendant Clarence "C.J." Stewart were found guilty on all counts, including armed robbery and kidnapping with a deadly weapon.

[Previous TGIS]

07 October 2008

Enjoy the best along with the wurst.

Germany-based Andis Kaulins hosts Blawg Review #180 at the LawPundit blog this week. Posted yesterday on German-American Day here in the United States, this edition celebrates all things German-American. Kaulins notes that German is the most prevalent ethnic background for those of us in melting-pot America, which might explain the ubiquity of and enthusiasm for Oktoberfest in the States. Or perhaps it's just the ubiquity of and enthusiasm for beer over here. Regardless, before you Oktoberfest your remaining brain cells, devote a bit of attention to this week's Blawg Review; highlights include the end of a legal challenge to "Ladies' Night", the start of a legal challenge to an alternative legal software application, and several tributes to the late Paul Newman's body of law-related films.

Blawg Review Sherpa Diane Levin hosts next week's Blawg Review #181 at her Mediation Channel site.

03 October 2008

TGIS: Thank God It's Schadenfreude! (187)

This week's joy in the misfortune of others comes courtesy of ESPN Soccernet (from Tuesday, September 30; link good at time of posting):
TThe debacle at Newcastle United shows no sign of coming to an end as Joe Kinnear found an empty training ground on his first official day as interim manager.

The former Wimbledon, Luton Town and Nottingham Forest boss was expected to begin work on reviving the team's fortunes after five consecutive defeats, but arrived on Monday to discover the squad had been given the day off.

It is the latest in a catalogue of stunning developments on Tyneside as the club lurches from one disaster to another.

Kinnear himself experienced it first hand the moment he arrived in Newcastle when no club official met him at the airport meaning he had to pay for a cab to take him to St James' Park.

And then it transpired that the 61-year-old has a two-match touchline ban from his time at Forest four years ago for calling a referee 'Coco the Clown' which means he will not be able to take his place on the bench until October 20 - with his contract expiring on October 31.

[Previous TGIS]

01 October 2008

Reconciling Google's Un-General Releases With Traditional Software Betas

Several years ago, I wrote about Google's curious practice of widely releasing developed (but still developing) products while officially designating these products as "beta" for extended periods -- often years -- without any discernible plan to remove that designation. As I wrote in that post:
A new software product, like most new products, rarely is suitable for the masses in its first complete iteration from the development environment. Many times, planned features are not yet completed, some functions do not operate as expected or at all, or the design of the product doesn't meet the developer's or its users' needs. An interim version of the software is necessary to work through these concerns; such a version needs to be complete enough to work with but need not be so polished that it's considered "ready for prime time". Such a version is generally termed a "beta" release . . . .

Thus, in the traditional sense, a beta product differed from the final (or "general release") product in two ways: 1) the product's intended audience (a sampling of the user base versus the entire user base); and 2) the "completeness" of the product. Implicit in the concept of the beta product is that it is an interim version of the product; the beta test is a prelude to the general release, rather than a general release in and of itself. This naturally begs the question, if a "beta" product is released to an entire user base and there is no definitive expectation by the developer to transition to a more complete and polished version, is this really a beta at all?

In that post, I called this status an "un-general release", after the "un-birthday" celebrated by the Mad Hatter and the March Hare in Alice in Wonderland. I certainly wasn't the first to wonder whether Google's "beta" was just a more-or-less empty designation, and in the years since my post others have touched on similar points. Recently, a post at the Royal Pingdom blog surveyed the current product landscape at Google, excluding the company's "Labs" software which is expressly-designated as a "technology playground . . . showcasing a few of our favorite ideas that aren't quite ready for prime time", and found that 22 of Google's 49 products are officially in beta, several for extended periods.

Prompted by Royal Pingdom's post, Paul McNamara, a columnist for Network World, contacted Google for an explanation of the company's curious -- and curiously inconsistent -- beta designation practices. That explanation was illuminating for its lack of illumination if nothing else. According to McNamara, Google's reasons for keeping certain products in perpetual beta status include:
  • High internal standards for bringing a product out of beta;
  • Continual improvement of the products (driven by both customer and Google expectations); and
  • Development of products which are different than traditional software.
McNamara suggested that, "Google has decided to strip the word 'beta' of its traditional meaning, while simultaneously continuing to use it in a traditional manner, which all but assures that no one will understand what they're trying to do. Either that or their explanation is still in beta." I'm not sure that he's far off, if he's wrong at all.

My guess is that Google's high internal standards for general release (non-beta) products really boils down to a lack of established standards. Absent such standards, development teams would fill the void with their personal standards (which vary widely in any organization of Google's size); depending on the product management structures within the company, there might also be some incentive for some teams to keep their products in perpetual beta, if releasing them would result in a loss of control to others. Continuous improvement is not peculiar to Google or even to technology development. That Google's services are different than traditional software is really neither here nor there. As defined generally, "beta" describes a state of production more than it describes what is being produced; although it is predominately a technology term, the label could easily be applied to any non-natural thing produced.

In my original post, my concern was that this enigmatic practice of Google's, while it works well enough for them, will work to the detriment of others and their customers if widely adopted. I don't think that that's a misplaced concern necessarily, but neither do I recall offhand any particularly egregious recent examples in my personal experience. Of the software I use, some is designated as "beta" and, in my opinion, properly so. I accept the risks and enjoy the benefits, such as they are, and in this I don't think I'm in the minority.

Ultimately then, this is all just a curiosity and a thought exercise. As I wrote previously, "What this all boils down to is that neither Google nor its customers has any need for the formalities of a traditional software license; consequently, if a Google service remains officially in beta even years after its launch and in the absence of any apparent material defects or feature gaps, who cares? In Google's case, no one really." That still seems to be true more than three years later, but I and many others wonder nonetheless.