Web design feature killed express license argument in copyright case

Plaintiff sued defendant for copyright infringement over unlicensed use of plaintiff’s musical works in advertisements that defendant created and uploaded to YouTube. Defendant argued that the language and structure of plaintiff’s website – from which the works were downloaded – resulted in an express license or at least an implied license to use the musical works for commercial purposes. The court rejected these arguments and awarded summary judgment to plaintiff.  No express license Th...
Tags: Law, Copyright, Infringement, Chicago, Contracts, Terms Of Service, Licensing, Evan, McCallister, Netscape, Shaver, Specht, Evan Brown, Browsewrap, E Inc, Freeplay Music LLC

8 Simple Steps to Create a Referral Network of Other Attorneys

Originally published on Feb. 20, 2017; updated on Sept. 26, 2019. A strong referral base is only built over a period of time and is based on cultivating great relationships with referral sources. Developing those relationships is a two-way street, especially when it comes to building a referral network of other, noncompeting attorneys. Achieving this goal is impossible if you are only asking your legal peers for referrals when you see them.  It requires regular contact and you showing as much co...
Tags: Law, Referral Marketing, Avvo, Referral, LinkedIn Facebook Twitter, Generating Referrals for Attorneys, Strategic Referrals, Referral Sources

Lack of Clarity on Discretionary Payments Benefited Terminated Employee

Written by Daniel Standing LL.B., Editor, First Reference In Thoma v Schaefer Elevator Components Inc., 2019 BCSC 100 (CanLII), the British Columbia Supreme Court re-affirms the need for employers to establish and communicate clear and explicit rules when discretionary bonuses form part of an organization’s compensation scheme. These rules should regulate an employee’s entitlement to bonus payments (both during employment and during a notice period), as well as the eligibility criteria and how a...
Tags: Law, Employment law, Payroll, Daniel, Surrey British Columbia, Gillies, Substantive Law: Judicial Decisions, Case Comment, Practice of Law: Practice Management, Substantive Law, British Columbia Supreme Court, Thoma, BCSC, Employment Contract, Notice period, Bonus and incentive plan

Jones Day Uses Lawyerspeak to Try to Explain Away Botched Redaction. I Translate for You

Well, it’s happened again. A major law firm has exposed secret information because it did not properly redact a court filing. It is the oldest screw-up in the technology book, yet it happens with surprising frequency and by lawyers who you might think should know better. It happened earlier this year to defense lawyers for Paul Manafort. It happened in 2017 to attorneys at the U.S. Department of Justice in a Libor-rigging case against a former Deutsche Bank trader. This time, it was lawyers at t...
Tags: Microsoft, Law, Court, Uncategorized, Deutsche Bank, U S Department of Justice, National Law Journal, ECF, Jones Day, Paul Manafort, Gentry Locke

Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Newport Fishing

The litigants compete in the whale watching industry in LA/Orange Counties. The plaintiffs operate out of Long Beach/San Pedro, the defendants out of Newport Beach. If you’re not familiar with the geography, Long Beach and Newport Beach are about 20 miles apart, but in LA traffic that could take days to drive. The plaintiffs complained about two aspects of the defendants’ search ads. First, the ad copy claimed the whale watching tour cost only $10 (which indeed would be quite a bargain!), but ...
Tags: Amazon, Florida, Law, California, La, Groupon, Marketing, E-commerce, Search Engines, Hilton, Marriott, Long Beach, Domain Names, BPI, Ftc, Southern California

Mr. Attorney General, Please Help Lawyers Short of Clients

On March 20, 2918, I received an email message about Legal Aid Ontario’s (LAO’s) increases in financial eligibility for legal services.[1] But the majority of the taxpayers who fund Legal Aid Ontario, cannot afford legal services for themselves (except for very routine, simple legal services). Any legal service that takes any significant amount of a lawyer’s time is unaffordable to that majority of the population. And so, the majority of lawyers is short of clients. Legal Aid’s funding is indeed...
Tags: Justice, Law, Toronto, Canada, Legal aid, University of Toronto, Ontario, Law Society, Ontario Court of Appeal, LSO, LegalZoom, Monahan, Ryerson University, MOODIE, Lao, Practice Of Law

Thursday Thinkpiece: Trees and the Law in Canada

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. Trees and the Law in Canada © 2018 Dunster & Associates Environmental Consultants Ltd. Available to purchase at Written by Dr. Julian A. Dunster, one of Canada’s leading consulting arboris...
Tags: Law, Toronto, Canada, Perdue, Quebec, Craig, Nelson, Durham, Anderson, Bell, Bosch, Mullen, Morehouse, Hartley, Murphy, Cooper

Podcast #243: Audience, Attention, and SEO, with Rand Fishkin

In this episode with Rand Fishkin, we talk about Moz, Rand’s book, Lost and Founder, and SparkToro. We go back to the basics about SEO on this podcast, and also discuss how law firms should think about structuring their services in the age of Uber and Amazon. Lastly, we dive into the difference between having […] The post Podcast #243: Audience, Attention, and SEO, with Rand Fishkin appeared first on
Tags: Amazon, Law, Marketing, Rand Fishkin, The Lawyerist Podcast

Rutty Bull Moose Charges Hunter [Video]

Watch the video as this rutty bull moose charges a hunter that's slipped in a little too close for comfort.... Read more... The post Rutty Bull Moose Charges Hunter [Video] appeared first on
Tags: Hunting, Bowhunting Blog, Moose Hunting, Moose Charges Hunter

Book Review: Wigmore on Cannabis: The Forensic Toxicology of Marijuana for Lawyers and Other Medicolegal Professionals

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. Wigmore on Cannabis: The Forensic Toxicology of Marijuana for Lawyers and Other Medicolegal Professionals. By James G. Wigmore. Toronto: Irwin Law, 2018. xxxviii, 554 p. With a foreword by Robert M. Lan...
Tags: Law, Book Reviews, Toronto, Canada, Wigmore, Canadian Law Library Review, Canadian Association of Law Libraries, Irwin Law, James G Wigmore Toronto, Robert M Langville, Margo Jeske University of Ottawa Library, James G Wigmore, Centre of Forensic Sciences

The Geek in Review Ep. 54: NYU Law and Tech Conference: Serving it Up East Coast Style

It turns out that the West Coast doesn’t have a lock on law and tech innovation. On this episode, we talk with four guests who are involved in the upcoming NYU Law and Tech: Impact on Innovation, on October 15, 2019.  Our guests today are Felicity Conrad is a NYU grad and CoFounder and CEO of Paladin. Michael Weinberg is the Executive Director at the Engelberg Center on Innovation Law & Policy at NYU. Christian Lang, Head of Strategy at Reynen Court. And, Anna McGrane is also an NYU Law alum...
Tags: Podcast, Law, California, Uncategorized, Innovation, West Coast, Legal Tech, Nyu, Pacer, Northwestern University, Paladin, NYU Law, Mark Takano, Felicity Conrad, Algorithmic Accountability, Michael Weinberg

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