Fear & Loathing

What's In a Name?

SciFi Channel is all set to become Syfy. But no, despite what CNet News implies, it is not the lawyers' fault.  The point here is a rather arcane one about trademark law, which prohibits use of a generic term as a protected description of goods or services.  The CNet article seems to suggest that "SciFi Channel" could not be trademarked because "Sci-Fi" is generic.  But if the mark is unique and the entire phrase has not been allowed into the public domain, as in Science Channel, there should be no problem.  So on this one, don't blame me!!

Posted via email from glenn's posterous

Financial Scams are Not the Same as Nuremberg

Evil as he clearly is, Bernie Madoff's crimes do not justify an international tribunal reserved historically for "crimes against humanity." Lawyers Seek Global Forum to Handle Madoff Cases [Reuters].

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Bank of America Next to Feed at US Bailout Troth

So, $165B so far is still not enough for those imbeciles! The New York Times is reporting that Bank of America will need $100 billion in equity within the next 100 days. That is in addition to the $45 billion in cash and $120 billion financial backstops that the government already committed to shore up Bank of America’s capital base.  

What a complete waste of money and attention.  None of these people, whether in the government or the financial system, has any idea what is happening or how to fix it.  So what they do is what has always been done -- throw money (ours), and lots of it, at the problem.  But nothing is sticking.

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There They Go Again

$345 billion later and CitiGroup wants yet another handout. Citi on Fire? [Forbes.com]. Let them fail, I say! It is way past time for this totally mismanaged, complete waste of taxpayer money to stop. Accounts are insured and it is most definitely not the responsibility of the US taxpayer to maintain the financial solvency of financial institutions, no matter how large. A little fiscal discipline from the marketplace may be just what those morons on Wall Street need, for some real change!

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He's Back? Go Away

Had I noticed Bernie Ebbers, former WorldCom/MCI thief, seeking an 11th-hour pardon from the Bush Administration last week, I surely would have ranted. Ebbers Trying to Join the Bush Pardon Party [WSJ.com]. His sleaze never ends. Bernie was fairly convicted for some really serious financial crimes and deserves all the punishment he was handed. He absolutely ruined the life savings of scores of my friends, clients and colleagues from MCI by driving the company, and its stock price, into the ground. I for one hope he rots in prison.

The First Thing We Do Is...

Well, this has got to take the cake. The official trade rag of the legal industry -- a notorious technology backwater for decades -- is publicizing the wonders of the Internet social networking phenomenon Twitter. And that's not all. More Attorneys Tweet in Twitterverse [ABA Journal]. Of course, being lawyers they take credit for the whole thing:

Attorneys posting such "tweets" on Twitter are credited with helping to drive a massive increase in subscribers this year, from fewer than 300,000 at the end of 2007 to an estimated 3 million-plus by the end of 2008.

Yeah, and the ABA will single-handedly solve global warming and welcome the messiah to Earth.  That would apparently be Messiah 2.0 now!

Advice or Ostriches?

The lawyers at WilmerHale are undoubtedly excellent. But this "advice" is hardly new or newsworthy. Washington Lawyers' Advice to Silicon Valley: Don't Sit on Sideline [SiliconValley.com]. 

I've been representing high-tech companies, start-ups and VCs on technology policy issues for more than 15 years, including many many heavyweights -- starting with Netscape at the dawn of the commercial Internet in 1995. To do a good job on tech issues, one must not only understand the technology itself, but how to relate to the values of Silicon Valley. So the question in my view is not whether the Valley will sit on the sidelines -- Eric Schmidt's high-level economic advisory role with Obama shows clearly it does not -- but rather how, when and on what issue(s) it will engage Washington. The days of the "ostrich syndrome," like Bill Gates in the early 1990s, ignoring D.C. in the hopes it would just go away, are passe -- LONG long gone.

What a Screw-Up

Alaska Sen. Ted Stevens has been a fixture for decades on Capitol Hill, which means by definition folks are afraid of him. In this case it also mean's he's dirty. Now the federal government -- prosecuting Stevens for omitting $250,000 in home improvements from his financial disclosure forms -- has totally botched the case by itself failing to disclose evidence to Stevens' defense team. Judge Threatens to Throw Out Corruption Case Against Ted Stevens [L.A. Times].

That's a Brady violation, so named for the Supreme Court case requiring disclosure of exculpatory materials to a criminal defendant. Basic, basic. Here the Assistant U.S. Attorney disclosed only a "redacted" -- incomplete -- copy of the government's interview of its star witness. Turns out the missing stuff was also the good stuff. Good for Stevens and now bad for the people. In think this sullied old crook should be hounded out of office by the Alaska electorate or banned by the Senate Ethics Committee. A long time ago, Supreme Court Justice Benjamin Cardozo asked whether "the criminal should go free because the constable has blundered." The answer to that is yes, but it's no solace that a crooked politician gets away with corruption for such a stupid blunder.

How Weird Is This?

The offense happened two years ago, but the consequences are only now becoming reality. Ex-Judge Disbarred for Using Penis Pump During Trials [ABA Journal]. The judge, who entertained himself while presiding over capital murder prosecutions, saw his pneumatic proceedings came to an end after a police officer heard the pump's distinctive signature during a case, and photographed the device during a recess. This is not just what lawyers call a "crime involving moral turpitude," it's revoiting. (Does it run in the profession? See Cross-Dressing Bankruptcy Judge Lands at Boston Law Firm [ABA Journal]). Humans are sexual beings, but there is indeed a time and a place for everything, including penis pumps. Just ask Austin Powers.

Reality for Real?

Wow, I've blogged in the past about how Real Networks' devotion to subscription music distribution was an archaic business model. Now, Rob Glaser and company are about to launch a new software product that, if ruled lawful under the DMCA, may revolutionize movie distribution. Real Networks Throws Down the DVD Copy Gauntlet [FT.com]. In a post-Napster legal environment, however, it is fair to say that no one can predict with certainty how these sorts of issues will play out. But if Cablevision can offer a remote-storage DVR on the theory that users are copying, not the device's software, there is a good chance Real is right. Good luck and Apple TV watch out now!