Sidewalk Theory: Scraping RSS, and More Google

Likelihood of Confusion Blog

Originally posted 2011-10-06 10:59:19. Republished by Blog Post PromoterApropos the Google / APF contretemps, Kevin Reynen of the Sidewalk Theory blog recently blogged on the concept of data (or content) scraping, which he maintains is essentially what Google has been doing to APF. Here is a thoughtful email from the Media Bloggers Association discussion list that Kevin has agreed to let me reproduce: I wouldn’t be so quick to defend Google. Is scraping content really…

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Likelihood of Confusion Blog

I Read Dead Peoples’ Email: UPDATE

Remember this item? Michell Malkin reports on new developments. Like her, though for different reasons set out in my original post, I’m lukewarm about this move. UPDATE TO THE UPDATE: Deeper treatment of this issue, and specifically the Justin Ellsworth case, continues apace. Here’s one piece in IP Law & Business (the article is not available on line for free yet) by Mark D. Rasch, formerly headed the Department’s efforts to investigate and prosecute computer... Read more

Likelihood of Confusion Blog

You and Me Against the (Tulsa) World

Instapundit reports that Mike Bates at the Bates Line blog is fighting back against meritless legal threats from his nemesis, 500-pound media gorilla (in Tulsa terms) the Tulsa World. Mike is getting help from the Media Bloggers Association and, of course, this office. And, yes, Bates already kind of used the little joke in my title above, but as you can see from my letter, we don’t really believe in copyright any more, do we?... Read more

Likelihood of Confusion Blog

Culture Killers or Pains in the Neck?

Wired reports on a new book whose thrust, evidently, aligns decently well with my own little personal views (and not just mine): Brand Name Bullies. Says the review in Wired: To prove his point that the commons is under attack, Bollier has filled Bullies with example after example of how corporate lawyers have swooped in on artists and consumers who have tried to use products and logos in ways other than those prescribed by the... Read more

Likelihood of Confusion Blog

Wish Me Luck.

I don’t really believe in luck. Ah, but mazal — that’s different! Let’s hope our mazal is good for this one: I am beginning a trial tomorrow (Monday) morning in federal court in the District of New Jersey (Camden vicinage). So, as the Professor says, “blogging will be light.” Of course when he says it, he is saying it to stadiums full of people. Whereas me, not. But if you do pop in, have me... Read more

Likelihood of Confusion Blog

Linker from a Grok Land

Doing my morning website traffic analysis, I noticed an extraordinary traffic spike, not to the blog, but to our firm website. What gives? Thankfully, my terrific hosting company, Capalon in Baltimore, provides great tracking tools. Turns out that we got a link from the ultra-impressive GROKLAW website. (That makes two grok-based threads this week. Grok that!) Couldn’t figure it out at first, so I searched on the site for my own painfully common last name... Read more

Likelihood of Confusion Blog

Centerfield: Blog Name Theft

Very interesting brouhaha beginning over on the Center Field blog published by a group of self-described political centrists. (I had hoped it would feature commentary by Andruw Jones and Bernie Williams.) The question is the same one everyone has asked himself when registering for his first ever blog:  What if someone steals a blog name? Bob Cox of the Media Bloggers Association asked me to weigh in semi-officially on the Centerfield: Blog Name Theft colloquy.... Read more

See Dick Win. Pay, Defendant, Pay.

By now you must have heard about the dustup involving Yiddish with Dick and Jane. The irony for me is that not long after I was learning to read English with the original Dick and Jane at P.S. 225, I was learning Yiddish from an essentially identical book for little secular Yiddishists (it turned out handy later at the Chaim Berlin yeshiva, but I digress) with “Motl” and “Gitl” standing in for Dick and Jane.... Read more

Likelihood of Confusion Blog

Standing Shmoe to Shmoe

The author of this weblog was quoted in USC Annenberg’s Online Journalism Review in an article entitled “Tsunami Video Alliance Portends Future Distribution for Amateurs” last week. (It’s about the Media Bloggers Association.) I don’t mind saying that I powerfully enhanced the sterling image of attorneys as high-minded and articulate preceptors of the public with the following quote, responding to the question of blogger liability for carrying other peoples’ videos (particularly tsunami videos). Here’s the... Read more