June 27, 2008

Guns, Copyright, Guns Guns Guns

The US Supreme Court upheld the invalidation of the total ban on handguns in DC. [District of Columbia v Heller]. Parsing the Second amendment into a prefatory clause - "Because a well regulated Militia is necessary to the security of a free State" - and an operative clause-"the right of the people to keep and bear arms" is not without controversy.
Copyright expert Bill Patry in The Patry Copyright Blog discusses how we interpret constitutional clauses and in particular contrasting the Second Amendment with Article I, section 8, clause 8 - a list of 18 clauses containing enumerating powers.

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June 27, 2008

Digital Publishing

International Digital Publishing Forum (formerly Open eBook Forum) is the International Trade and Standards Organization for the Digital Publishing Industry.

Stay tune for a discussion of standards in the e audiobook field.

See also eMusic Publishing Partners

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June 19, 2008

eMusic Publishing Partners

Random House
Naxos
Hachette
Penguin
McSweenies
BBC Worldwide
Simon & Schuster
Brainsync
L.A.Theater Works
Tantor Media
Phoenix Books
Listen and Live
Reagent Press
Audio Evolution
Hay House Publishers

For full coverage of eMusic at BookExpo2008, see eMusic CEO Pakman on Piracy & Profit.
And see also BookExpo 2008.

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June 17, 2008

Technology Law & Patent Resource Short List

A short list of good reading
Law Journals

Boston University Journal of Science & Technology Law
http://www.bu.edu/law/central/jd/organizations/journals/scitech/index.html

Duke Law & Technology Review
http://www.law.duke.edu/journals/dltr/

Harvard Journal of Law & Technology
http://jolt.law.harvard.edu/

Stanford Technology Law Review
http://stlr.stanford.edu/

Yale Journal of Law & Technology
http://www.yjolt.org/


Generally Useful

http://ilrg.com
www.justia.com.info/
http://jurist.law.pitt.edu


Continue reading "Technology Law & Patent Resource Short List" »

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June 17, 2008

Beverly Hills: 360 deals in music

Beverly Hills, California
From The Beverly Hills Bar Association:

Making Sense of the New Wave in Artist Deals -- The Insider's Guide to 360° " Recording " Deals

After years of financial turbulence and changing business models due to the decline of physical record sales and disruptive technologies, music companies are now commonly viewing recording artists' ancillary income as vital new revenue streams. These broader "360" deals offer potential profits and pitfalls.

This expert panel will provide an insider's guide to these deals, how they are being structured and the types of ancillary income streams that may be included in them. Among other topics, the panel will explore the rationale behind these deals, who administers the income from the deal and how money is collected and paid to the various parties involved to best utilize the new 360 approach to managing artists' revenues for all parties involved.

PANELISTS:
Fred E. Goldring, Partner, Goldring Hertz & Lichtenstein LLP
Rand Hoffman, Head of Legal and Business Affairs, Interscope Records
Niels Teves, CEO, Fintage Music

MODERATOR:
Bob Lefsetz, Journalist, The Lefsetz Letter

DATE:
Wednesday, June 18, 2008
Lunch & Registration: 12:00 p.m.
Program: 12:30 - 2:00 p.m.

PLACE:
LAWRY'S, 100 North La Cienega Blvd., Beverly Hills
Free Underground Self Parking

PRICE:
$65.00 for BHBA Entertainment Section Members who pay in Advance*
$40.00 for Law Students who pay in Advance*
$80.00 for BHBA Members who pay in Advance*
$90.00 for Non-BHBA Members who pay in Advance*
(Additional $20.00 more at door for all)

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June 16, 2008

eMusic CEO Pakman on Piracy & Profit

Los Angeles hosted BookExpo May 2008 and http://eMusic's David Pakman gave a requiem for DRM in audiobooks. As with bottled water, where free is everywhere, non-free goods must simply be better. Opening with a recounting of the travails of music piracy (i.e. piracy dwarfs sales 10:1 with a billion pirated songs per month), Pakman took the BookExpo crowd through a mini tour of technology. Ever since the "time shift" enabled by video tape in 1984, technology has not succeeded in eliminating piracy. Pakman states that thwarting interoperability through proprietary formats hurts sales and is impotent in curbing piracy. Now, the 4 major record labels have abandoned DRM. And audiobooks may not be far behind.

Recently, Random House ran an experiment in the audiobook arena, and results support the conclusion that release of audiobooks without DRM does not increase piracy rate. In a release of 10-13 audiobook titles in MP3 format without DRM, Random House found no increase in piracy rate. So piracy was not aggravated by the fact that the format of the audiobooks were not "protected" by anti-copying or proprietary technology. And, not surprisingly, age correlates with piracy, with increase in chronological age correlating with a decrease in piracy.

Making an audiobook is not technically more difficult than podcasting, and can even be done in one's living room. While the cost of producing an audiobook runs between $2,500 to $10,000, most of the cost in the "voice talent" which, in many cases, is the author. However, even using costly voice talent, sales of only 300 copies suffice to "breakeven." Pakman contends that the numbers ought to encourage publishers to sell deep into their catalogues.


Adoption of a standard will be important for getting more titles distributed. Approximately 15,000 titles - a small percentage of books in print - are presently offered in audiobook form. Pakman advocated adoption of an open standard for audiobooks to promote interoperability. Currently iTunes is compatible with the standard, yet no organized approach to adoption has appeared.

PakmanLifeonDemand.jpg
Photo: David Pakman at BookExpo 2008, Los Angeles

If, as Pakman asserts, consumers have "Life on Demand" will "books" bypass print entirely and, go straight to digital? Imagine an Oprah interview with an author and simultaneous download of pre-sold digital and audio copies. Perhaps book sales will evolve to "blockbuster" opening weekend numbers as movies have. Time will tell.

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June 12, 2008

LA: BookExpo Dave Pakman of eMusic Part 1

At LA Book Expo, Dave Pakman, CEO of eMusic spoke of the "death of DRM" for audio books..
eMusic01.jpg

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June 10, 2008

Los Angeles: BookExpo 2008

Los Angeles, June 2008
Coming soon: Synopsis Dave Pakman CEO of eMusic
RIP DRM: epublishing of audio books
BookExposlide1.jpg

Continue reading "Los Angeles: BookExpo 2008" »

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June 9, 2008

Los Angeles: Baskin-Robbins Ice Cream and the Idea of Partnerships

From Los Angeles contributor Bob Coleman
I don’t often recommend an obituary as a jolly story, but this remembrance of Baskin-Robbins co-founder Irvine Robbins qualifies.

For one thing, ya gotta love a guy who ate ice cream for breakfast and still lived to be 90. For another, all props to the fellow who co-created what became the world's largest ice cream store chain while making life a bit more fun for us all by launching such flavors as Lunar Cheesecake (to celebrate Neil Armstrong's moonwalk) and Beatle Nut (to mark the band’s first U.S. visit).

But the Times piece also includes one point of interest to idea people thinking of launching their own businesses:

Out of the Army in ’46, Robbins had intended to go into business with his brother-in-law, Burton Baskin-but Robbins’ dad nixed the idea on the grounds that “partnering right away would cause them to squelch too many of their own ideas as they compromised in an effort to get along.” As a result, Baskin and Robbins each started their own small chains, and worked out their own ideas, before merging to create Baskin-Robbins, which became the great idea factory for new ice cream flavors.

What do you think? A lot of great companies have their founding partners enshrined in their names: Rolls-Royce, Hewlett-Packard, Simon & Schuster.

But is creativity really a solo act? Do partnerships stifle individual creativity? Are there specific ways to see each partner’s ideas get fair treatment—and to carry that respect for creativity forward (as HP, for example, has done) as the company grows?

Continue reading "Los Angeles: Baskin-Robbins Ice Cream and the Idea of Partnerships" »

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June 8, 2008

Urban Cyclists Unionize

(submitted by Bob Coleman)
In Toronto, cyclists form a first-of-its-kind union

Believed to be the first of its kind, the Toronto Cyclists Union plans to offer insurance, roadside assistance, advocacy, and even an online dating service.

Kathy Marks cocks her head, listening for the din of a thousand bicycle bells. For the Toronto grandmother, it’s a cue to hop on her three-speed bicycle and join a riding protest for more bike lanes in Canada’s largest city.

But after several years of participating in this annual demonstration, she’s considering joining a new group of rabble-rousers to show her dissatisfaction with cycling conditions here: the Toronto Cyclists Union.

“I’ve been riding my bike for nearly 40 years in the city, and it’s high time we have something like a union,” Ms. Marks explained last weekend. “I don’t fly around like the youngsters. But if we were able to have better bike lanes and benefits like a union, you’d see more people out here who are my age.”

Believed to be a global first, the union already has enrolled hundreds of card-carrying members since it formed in May. Modeled on auto programs like AAA, the union plans to offer members insurance, roadside assistance, and advocacy on their behalf – all for a $24 annual fee.

“Our primary goal is give a voice to urban cyclists who use their bikes in their daily lives as a mode of transportation,” explains David Meslin, founder of the Toronto Cyclists Union. “Cyclists don’t feel safe on the streets, and if they know there is a group fighting for safer conditions, I believe a lot more will join.”

With 130 miles of dedicated bike lanes, Toronto is out in front of other major Canadian cities such as Montreal (110 miles) and Vancouver (64 miles). But its bike lanes are less connected than in Vancouver, which many of Toronto’s 400,000 utilitarian cyclists – those who cycle to work, school, or on their errands each day – say has made better progress.

“Toronto was way ahead 10 to 15 years ago and it fell way behind Vancouver,” says bike-union coordinator Rick Conroy. “Vancouver has put a lot more thought, care, and money into their bike lanes in recent years.”

To get up to speed, one of the union’s first tasks will be to lobby the City of Toronto to implement a “visionary” plan for cyclists commissioned in 2001 but never fully implemented.

Still, with 30 miles of new bikeways planned for Toronto this year, Mr. Meslin says he’s optimistic that there is more political will to accommodate bicycling as a critical form of urban transportation. “The pace is quickening,” he says.

“We’re not doing that badly when you compare us to cities like New York,” agrees former mayor John Sewell, who was seen as eccentric back in the 1970s when he eschewed a limousine for a bicycle. “But I believe that the city could do a lot more. Some of the main streets are throwing cyclists right in the road of traffic.”

As the front-runner in politics on the bicycling issue, Mr. Sewell hopes current city politicians will break out of the pack to support the bicycle union’s agenda.

In the coming months, the bike union hopes to build momentum by reaching out to newcomers, including immigrants. Eventually, it even hopes to offer an online dating service for urban road warriors. “That’s one service I would definitely use,” says Marks, before pedaling off with her fellow protesters.
By Susan Bourette | Correspondent of The Christian Science Monitor / June 6, 2008 edition

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June 4, 2008

Neville Appointed to CA Bar Exec Committee

Ms. Neville, a veteran IP attorney, has been appointed by the Board of Governors to the California State Bar Law Practice Management Executive Committee. Her term will end in 2011.

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