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According to Rob Salkowitz of Internet Evolution, in the so-called Hamburg Declaration issued July 9, publishers argued that services like Google are “using the work of authors, publishers and broadcasters without paying for it”:

Numerous providers are using the work of authors, publishers and broadcasters without paying for it. Over the long term, this threatens the production of high-quality content and the existence of independent journalism. . . .

Universal access to our services should be available, but going forward we no longer wish to be forced to give away property without having granted permission.

We therefore welcome the growing resolve of federal and state governments all over the world to continue to support the protection of the rights of authors, publishers and broadcasters on the Internet.

Salkowitz points to Google’s simple response:

“We agree,” wrote Cohen on Google’s European Public Policy Blog on July 15. “If a webmaster wants to stop us from crawling a specific page, he or she can do so by adding '<meta name="googlebot" content="noindex">' to the page. In short, if you don’t want to show up in Google search results, it doesn’t require more than one or two lines of code.”

He points out that, basically, if newspapers want to go back to the “old way” for themselves, they can. No need to change the law to prevent Google from indexing their content. But of course, this isn’t really want publishers want.

In truth, publishers get value from Google – value that is necessary for them to compete and market themselves today. So they need Google or services like them. This makes their attacks on Google a distraction from the real issues for them, which really involves a business model that can’t compete well in today’s marketplace.

There are a number of choices, two of which seem most obvious: change the law or change the model. Unsurprisingly, publishers want to change the law.

Current themes evident in copyright arguments from 100 years ago

From thepublicdomain.org comes this interesting and revealing series of excerpts from the legislative history of the 1909 Copyright Act.

Amazon's Kindle DRM strikes again

With physical books – or even electronic sales – the “first-sale” doctrine applies, and the seller cannot unilaterly reverse the transaction and take back the item (even if they credit the consumer for the price). Nor can the seller in a traditional sales transaction prevent resale, etc. – which Amazon also prohibits.

Will consumers adjust to this new model, or will we rebel and insist on our traditional first-sale rights?

New law journal launches that focuses on open source

There’s a new law journal in town: “The International Free and Open Source Software Law Review (IFOSS L. Rev.) is a collaborative legal publication aiming to increase knowledge and understanding among lawyers about Free and Open Source Software issues. Topics covered include copyright, licence implementation, licence interpretation, software patents, open standards, case law and statutory changes.”

Is online legal education a viable alternative to traditional schooling?

So are online options a viable alternative to traditional legal education? The ABA is considering opening up the option to allow greater accreditation for such schools. I think that’s a good idea.

When is print better than online?

Cost is a major element of this: online access to a treatise (a compendium of legal research, opinion, etc. that’s an extremely useful resource for understanding an area of the law before diving into more specifics) can run to around $825 an hour, while the print version of the same treatise costs $499 per year (or less, if you don’t mind out-of-date treatises). But it’s more than simply the straight-up cost of access – print research can be more effective and time-efficient for many tasks.

1017295_indoor_market_at_clermont_ferrand_2

A recurring theme for me is the difficulty of keeping markets “open,” in the sense of empowering customers and users with information and choice, while still permitting businesses to grow and innovate.

Write an article; find a job

Debra Bruce suggests that lawyers looking for work think about writing an article to aid in finding a job.

Using a blog to get a job

A blog can be a very useful way for a lawyer looking for work to find connections and, hopefully, get a job.

Are law schools relevant to the future of law?

Paul Lippe, a well-known Silicon Valley GC and founder of Legal OnRamp (LOR), recently posted an essay on the Am Law Daily that essentially argues that law schools, at least in their present form, are not relevant to the future of law.

WordPress and the GPL

Any WordPress theme is so entwined with the main WordPress code as to make it a “derivative work,” and thus subject to WordPress’ copyright and licensing (which is the GPL).

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© 2005-2010 by Kristopher Nelson. Want to republish? Get permission. Want to quote? That's fair use.

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