This is just perfect.
Amazing <3 - Farewell 2009 from the Wonderful Eyes and Spirits of Cinema in 2009!
Wednesday, December 30, 2009 Posted by Jessica at 9:49 PM 0 commentsAwesome: MsTaken.com - perfect cure for every macho man who thinks he can get your number :)
Posted by Jessica at 4:24 PM 0 commentsWho says being engaged is all that? The biggest upside is being left alone, once people spot a ring on your left hand. Whether you're trying to dodge dodgy dudes at the bar, heading to a reunion or visiting your nagging grandmother, slip on your Ms.Taken ring and act as if. It says committed, without the commitment.
Check out MsTaken.com otherwise known as Ms. Taken. I saw this site and just had to share it. Great for a good giggle.
Perez Hilton Named Hispanic of the Year!? Seriously!?
Monday, December 14, 2009 Posted by Jessica at 8:24 PM 0 commentsRead It Here: http://humarashid.com/2009/12/14/stupid-ht-im-reading-perez-hilton-named-hispanic-of-the-year/ I wanted to invite you all to read her thoughts because I completely agree, but at the moment I'm knee deep in study sludge and I can't find my way out long enough to even find the energy to rant.
Clearly, Hispanic Magazine thinks the most admired Hispanics should be childish, immature, ignorant personalities, not insightful, intelligent and admirable leaders. It's a pity there aren't better role models for the young Hispanics in this world. I really hope they don't grow up believing that Perez Hilton is someone to be admired.
If Perez Hilton is the best we have in the Hispanic Community, then I'd rather be recognized as just Jessica and by no race or ethnicity. That's just my two cents from my "Czech" and "Mexican" side.
The Year in Photos with my Favorite People!
Sunday, December 13, 2009 Posted by Jessica at 8:53 AM 0 commentsChristmatastic: Chicago know how to do Christmas!
Posted by Jessica at 7:56 AM 0 commentsThe End in the Beginning
Friday, December 4, 2009 Posted by Jessica at 5:17 PM 0 commentsI'm currently finishing up my paper on Online Contractual Agreements for my Cyberspace Law Class and preparing for my first ever take home law school final in Trademarks and Copyright. (will be in my inbox tomorrow morning!)
I feel like I should sum up this year in a few concise words, so here is my attempt...
I lost a near and dear friend to a power and force I cannot control. Now I know we are truly mortal but never really forgotten. We can and do endure with strong influence and an unbreakable spirit.
There have been a few stumbles and a few tears, but nothing a sweet melody or happy memory cannot bandage. I've learned so much about myself and I'm thankful for all the new and old friends I've made and maintained along the way. It's been a profound, endearing and thought provoking year.
Thank you to all those who made this year complete. To new friends, to old friends, to a brave new year!
The Digital Beyond
Wednesday, December 2, 2009 Posted by Jessica at 7:50 PM 0 commentsCheck out this little video they made to help users with their questionsa bout their digital rights after death. (Basically, they blew my SMLS Digital Life After Death article out of the water with their blog devoted to the topic.)
I dig this video. I love the idea of a visual representation of your thoughts and ideas. In my opinion people get tired of reading and sometimes they just want a simple explanation in plain English as either a graphic or a video. I think the Digital Beyond does a great job of capturing that concept in this video.
Makes you think, right?
Look out for my next article on Social Media Law Student on Online Agreements (aka Browser Wrap, Click Wrap and Shrink Wrap Licenses) and the lack of a meeting of the minds.
Also, I highly encourage you to check out the Digital Beyond - you'd might be surpised how many things you forgot to think about!
Last, but not least, I am also currently writing for my law firm on Grandparent Vistiation Rights in Illinois. You're welcome to read those blog posts as well. I'll place a link up once those have been updated.
Happy Reading!
Thank You to all the Voters!
Monday, November 30, 2009 Posted by Jessica at 12:04 PM 0 commentsThank you for all those who voted! We really appreciate your support!
Big Dreams begin with Small Steps
Thursday, November 5, 2009 Posted by Jessica at 10:14 PM 0 commentsFor one, I competed in the Herzog Moot Court competition two weeks ago and I was fortunate enough to advance quite a few times. There were 182 participants in the competition and I came in 6th place in the entire competition. I was extremely honored and proud to have the honor of competing and even more overwhelmed and humbled by the fact that I advanced to the Octofinals round. I now have the opportunity to be a TA for the Moot Court Competition and Legal Writing course and I am seriously considering taking up a position as a TA next semester.
Also, I started a new job working for a firm here in Chicago. I started two weeks ago and I've been really busy helping them move their law office to a new building. I was extremely honored and humbled to be chosen for the position and I really like the work I have been doing thus far. I think working at this law firm will be a great opportunity to hone my practical skills in a real world legal environment.
I'm still writing for Social Media Law Student and I just posted a new blog article yesterday on Digital Content after Death. The article was inspired by the recent passing of a dear friend. Esther lost her battle with cancer this July, she was 22 years old and one of the most beautiful and kind people I've ever known. She will be greatly missed. You can read my article on digital content post mortem here.
Finally, I'm in full fledged finals mode getting ready for the last month of classes. I only have four weeks of classes left until reading period so my time has been structured around finals and avoiding Swine Flu.
I wanted to post quickly a sample of a flow chart I made for my Evidence class to show my readers what I meant when I said I was a "visual learner". Here is a sample of a chart I would use to study. (This chart was adapted from a flow chart my Evidence professor handed out in class. Here is a link to his blog.) Click on the image for full resolution.
I used OmniGraffle to make this chart. As you can see, this is just one chapter of my Evidence class, but I plan to make a large chart like this for all my classes integrating all the chapters. (Think of it as a visual outline.) I've already completed the outline for Evidence and half of the chart for my Trademark and Copyright class. As you can see, they are color coded for easy understanding and fit together like a puzzle. I'd love to hear your thoughts. If you have any questions please let me know.
Please Take this Poll!
Tuesday, October 13, 2009 Posted by Jessica at 9:07 PM 0 commentsI wanted to get a little outsider perspective on Terms of Service Agreements. I know a lot of people don't read them. As I stated in my last post on TOS Agreements, I think the idea of reading a long block of text is overwhelming and frustrating to users. I presented some ideas on how TOS Agreements could be improved. I've now decided to poll all my readers on their thoughts about TOS Agreement improvements since I didn't receive a lot of response from my previous post. (Now you can answer anonymously and easily.)
(Click the image to enlarge preview.)
:) Thank you for taking the time to fill out my poll! I appreciate it immensely!
Too far? AMP Before You Score Pepsi App
Sunday, October 11, 2009 Posted by Jessica at 9:57 PM 0 commentsJust the name of the application is disgusting! Before You Score!? Stereotyping women is pretty sleezy, but then keeping track of them on your "Brag List" is even sleezier. Ew.
Here's a quote from the different stereotypes and an explanation of the application. Jezebel's Post on the iPhone app.
Here's how it works:
1. Identify Her Type
Got your eye on a girl, and aren't sure how to get started? Pick out her profile, flip the card, and study up quick with a cheatsheet on the stuff she's into, with lists, links and some surefire opening lines. (Surefire to what, we won't say.)
2. Keep a List
Get lucky? Add her to your Brag List. You can include a name, date and whatever details you remember.
3. Brag
You got it? Flaunt it. Keep your buddies in the loop on email, Facebook or Twitter.***
Here's who you get:
Artist
Aspiring Actress
Athlete
Bookworm
Businesswoman
Celebrity
Cougar
Dancer
Foreign Exchange Student
Goth Girl
Indie Rock Girl
Married
Military Girl
Nerd
Out-Of-Your-League Girl
Political Girl
Princess
Punk Rock Girl
Rebound Girl
Sorority Girl
Treehugger
Trouble
Twins
Women's Studies Major
*** It's not clear from my experience with the application that it actually lets you post anything to Facebook or twitter. This could be a feature maybe integrated later? Which then could have very real and possible legal consequences.
I downloaded the application, because I don't believe in ranting about something unless you've used it. So here is my review:
- The graphics are cool.
- The application is smooth and easy to understand. (Small learning curve for small minded men.)
- The information on the flip side of each stereotype is creative. Ex: Business News on the flip side of the Business Woman Stereotype and Wikipedia Page describing Picasso and his work on the flip side of the Artist Stereotype. There's also a map feature to look up venues where the stereotyped woman and you might hang out. (I guess that's useful for date ideas)
- But my question is: Why are you dating someone you have nothing in common with in the first place?
How pathetic are the men who download and use this application? Do you really an iPhone application to help you get a date? Is it really so difficult to find a woman who likes you for you? Is it so difficult that you have to try to illy stereotype every woman you meet and look up random facts just so you can hold a conversation with her? How sad is it that you have to hijack the interests of the girl you're hitting on and pretend your interests are the same as hers?
I guess there's no real legal harm in an application like this - it's just offensive and pretty pathetic. It's kind of disheartening. I've been racking my brain all night trying to think of a cause of action, but the only thing I can think of is if that Brag List became public. Even then, the only cause of action I can think of would be Libel/Slander or Defamation. However, the Brag List would have to be spread to the public (i.e. Facebook, Twitter, word of mouth, etc.)
As I noted above, my application doesn't have any functionality for syncing with Twitter or Facebook as suggested in the quoted material. So I can't see any legal claims if the names of individuals is stored in a list format on a phone and used solely for personal use. Any ideas for other legal claims I might have missed?
Needless to say, this application makes me seriously question the quality of men out there. If men have to resort to such low techniques to start up a conversation with a woman, then there really is no hope.
Video Legal Marketing, Like a Solid Handshake?
Friday, October 9, 2009 Posted by Jessica at 8:56 PM 0 commentsLegal Marketing Done Different
Have you ever looked for an attorney? Did you open the yellow pages? Phone a friend? Google Search it?Looking for an attorney can be an overwhelming experience because there are so many choices. There are a dozens of listings for lawyers in the yellow books and in online search results. It can be difficult to find one who makes you feel comfortable and fits your needs. If I were a client, my number one priorities would be trust and confidence that my attorney had my interests at heart. That's why I am not completely opposed to the a new online legal marketing service called LegalTube.
LegalTube is an online video service that allows law firms to upload marketing videos to its site. The website is divided by areas of law and allows users to search by state or by city and state for a lawyer in the client's area. The website also features lawyer jokes, lawyer stories, original webisodes, a hot topics section, an expert Q&A section, an off the record section and links to other legal resources on the web.
Interrestingly, the website caps the Find a Lawyer function at four attorneys per location per practice area. For example, if a client is searching for an IP attorney in Alabama, he or she will not be bombarded with 50 text listings. Instead, the client will see four available attorneys in Alabama - in this case, there is only one IP firm currently advertising with LegalTube in Alabama: Bradley Arant Boult Cummings LLP. For the visual learners, here is their video:
If I was a potential client, I would love the idea of a service like LegalTube. One of the key factors I would be looking for when searching for an attorney would be that I could trust my attorney and that I would be confident they had my interests at heart. Services like LegalTube would allow the clients to get a preview of what a consultation may be like with an attorney before actually sitting down face to face.
The next thing I am about to say is a bit cliches, but I have to say it. Where I grew up (Texas), first impressions mean a lot. Trust is built on something as simple as a handshake and your word. I don't think Texans are the only people who think this way either. A large percentage of the population places trust in something a simple as a face to face conversation. If LegalTube can offer the first building blocks for establishing trust between a client and attorney, then why not market your legal services with them?
Criticisms
However, Rex Gradeless pointed out a few criticisms that I found particularly compelling that I thought should be shared with you all.First, many state bar associations have rules requiring attorneys place disclaimers on online advertisements. LegalTube fails to address the varying state bar association requirements for legal advertising and does not indicate which states allow for online video advertising.
The terms of service state:
The information on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whasoever, for any indivdiual or company should not be relied upon in that regard.Second, there are other online video sites directed at attorneys. Such as the VideoVenue, which allows lawyers to upload videos concerning current topics for discussion and debate in the legal field and funn videos pertaining the the law. See this video for an example:
The services described in this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made avaialbe to LegalTube, LLC and such informaiton should not be relied upon as all-inclusive or accurate.
Also, websites like the Legal Broadcasting Network, offer a website dedicated to promoting lawyers in the media and boast a larger audience base for online legal video.
Finally, YouTube and Vimeo have a large stake in the online video market with millions of viewers.
The Criticisms to Consider and the Ones to Ignore
First, it is true that a few of the bar associations are very strict about legal marketing. Here's a post by a fellow law blog talking more about legal ethics and online marketing and networking sites. It's smart to always check the rules of ethics in your state before performing any form of legal marketing - especially on the internet. In this instance, Rex is right - double check everything. Heed his advice.Second, although both these sites offer a greater audience, their marketing message is not the same as LegalTube's message.
Unlike the Legal Broadcasting Network, which focuses mainly on branding lawyers as legal experts for commentary purposes, LegalTube focuses on legal marketing between clients and lawyers in a one-on-one atmosphere. I get the impression that LBN is talking at me, instead of talking to me. Whereas, LegalTube seems more focused on the relationship between the client and the attorney.
Also, LegalTube is for legal marketing, whereas VideoVenue seems like a site targeted at casual conversation between lawyers, not legal marketing . The only similiarity between the two sites is the legal jokes, webisodes and lawyer stories. However, LegalTube seems to be more focused on attorney-client building and expert Q & A by location.
YouTube and Vimeo do not cater to the online community. Both websites offer a huge audience base, but offer no way for an attorney to separate his or her firm from the rest. The idea of a huge audience base is enticing, but what chances does a legal marketing video have against the latest and greatest most popular YouTube video? Not a very strong chance.
I am a fan of LegalTube because I think it's tapping into an old market in a new way. It offers unique features that aren't available anywhere else. I like the idea of being able to get a face to face preview of a client consult and the features that allow me to search for a lawyer by practice area and location. Maybe YouTube does offer a larger audience, but a large audience is pointless if nobody is listening.
A Lack of Youth Reaction to Obama's Nobel Peace Prize Win
Posted by Jessica at 12:17 PM 0 commentsFreedom of Speech vs. Defamatory Statements
Monday, October 5, 2009 Posted by Jessica at 10:05 PM 0 commentsWhat is defamation? Defamation is (a) a defamatory statement, (b) published to a third party, (c) which the speaker knew or should have known was false.
Defamatory statements harm the reputation of the targeted individual. Defamatory Per Se are statements so clearly defamatory that the targeted individual doesn't have to show there was harm to his or her reputation. Example of this include allegations of criminal activity, sexual misconduct, or allegations that a person has a horrible or serious disease.
So why can't you say what you want online? What happened to freedom of speech? The 1st Amendment guarantees certain rights, but just like it's illegal to yell "fire" in a busy train station, it's illegal to spread false statements about a person on the internet.
With the advent of the internet, more and more content creators have found means for expressing their opinions, ideas, and knowledge base (both good and bad). However, these technological advancements have allowed for the easy accesibility to forums for posting opinions, such as Blogger, Wordpress, Facebook, Twitter, etc.
For example, the California Defamation Law Blog posted a nasty exchange between Perez Hilton and Kirstie Alley on Twitter. In the exchange, Alley compared Hilton to Nazis, called him a pedophile repeatedly and then characterized him as "like a rapist". Perez Hilton responded back by asking who Alley's attorneys were and delcaring that she was making libelous, defamatory statements. Perez Hilton is right, it's not okay to spread false statements about another online. This is clearly defamation!
On top of the crazed celebrity rants, The New York Law Blog is reporting a 216% increase in libel suits against bloggers in the last three years. The New York Law Blog also suggests that the reason for the increase in number is homeowners liability insurance.
I know, you're thinking: WHAT!? Yes. Many homeowner's insurance policies include a clause for libel including attorneys fees! So now bloggers have become the target of defamation suites. In the past, nobody sued small bloggers because the libel clause didn't exist, now it does and libel suits have grown astronomically. If your a blogger and your policy doesn't include this clause, maybe you should update your policy just in case you have a stressful day at work and decide to blog about how much you love your job and your boss.
Even if an anonymous blogger wants to write something nasty and remain unknown, that right doesn't exist. A blog is not a personal diary. It's not for your eyes only. The content bloggers write is public and even if its not searchable, it can be found. Bloggers need to beware of what they write and double check and re-read everything. It's not okay to spread lies, to make false statements or to intentionally or unintentionally attack another's reputation. Anonymity does not exist on the internet, so bloggers should be prepared to take responsibiliy for their statements.
It seems the safest bet is to stick to the age-old principles any good mother would teach: If you don't have anything nice to say, don't say it at all. But if I stick to this line of reasoning, I can't help wondering what happened to freedom of speech? Our most controversial and beloved 1ST AMENDMENT has to carry more weight than an age-old admonishment?
Isn't the point of having access to an open forum like the internet to share ideas and thoughts? False statements? No. But critiques, suggestions, insights and satires? Yes. So maybe the saying should be: "Don't lie, but feel free to question and critique." Either way, content generators (aka: bloggers, twitter lovers, facebook stalkers, etc.) should be aware that the law still applies to online activity.
Does Anybody Read Terms of Service Agreements?
Posted by Jessica at 12:08 PM 0 commentsBasically, all those licenses are the licenses we consent to when download software, buy it on CD or use a web based software (webware). I will admit here and now, I don't read a lot of the licenses. In fact, I've probably read a total of six all of which was required for my Technology and the Law class last summer. What does all this mean? It means those of us who fail to read the "I agree" screens and just click "I agree" are actually consenting to terms we've never read. Which leads me to ask: How effective can those licenses be if nobody actually reads them? Doesn't Contracts 101 require a "meeting of the minds" before a contract can be formed?
I have a few theories on why nobody reads those licenses:
- Nobody likes reading blocks of text, it makes us tired and we're overwhelmed by the idea of having to read tiny text on a screen that spans 20 pages.
- Even if users did take the time to read the licenses, nobody would understand what they are saying because they are written in overly complicated legalease.
- It's too easy to just click "accept" or "I agree" and finish installing the software.
- Written in plain, simple, everyday terms, short and to the point. (Like bullet points).
- Were pictoral or visual like the Creative Commons Licenses?
- Reminded you with updates of new terms?
- Were easy to find on a website or from a software?
- Required you to type the main point of the license, such as, "I agree not to share the music I download"?
- Required you to check an accept button next to each statement you consent to?
- Allowed you to negotiate the terms with drop down boxes or choices?
Domains, Domains, Domains
Thursday, October 1, 2009 Posted by Jessica at 12:02 AM 0 commentsI understand why Domain Names are so valuable especially to a Trademark holder. Unfortunately, I don't really understand why there can't be one database that registers your domain name in all the possible Top-Level Domains.
TLDs = ".com", ".net", ".fr", ".es", etc.)
Second Level Domains = "yahoo", "google", "blogger". (the actual name of the trademark on most cases)
"www." identifies the web server
It seems like so many of the disputes over domain names could be resolved if there was a company/service which would automatically renew and update a second level domain in all the TLDs. Most of the disputes I've seen arise between someone cybersquatting on a desired domain for a particular TLD or stealing an expired domain from a company when they forget to renew their service.
Why hasn't anyone thought of creating a service that automatically renews second level domains and registers a second level domain in every applicavle TLD? Is it too expensive? I can think of tons of companies who register second level domain names that find the process of renewing with the repective registries quite cumbersome and annoying, but absolutely necessary.
Think Google alone: "www.google.com", "www.google.fr", "www.google.mx" and "www.google.es". Think about how many times those second level domains expire and how cumbersome it is to remember each and every date and place of registry! AND that's only a few of their second level domain names!
Why isn't this all centralized? Has any company attempted to profit from the idea of automatically keeping track and renewing these second level domain names for companies like Google?
Seems like a profitable endeavor to me. Thoughts?
- Posted using BlogPress from my iPhone
Learning by Building
Tuesday, September 29, 2009 Posted by Jessica at 10:43 AM 0 commentsI learned English like every other public school child. I learned to underline verbs, circle proper nouns and highlight nouns. It seemed simple enough in practice, but I was never very good at identifying the difference between a noun and verb, an adverb and an adjective, etc. When I was fourteen I decided I wanted to learn a foreign language. It wasn't until my Spanish teacher pointed out that "leer", "dibujar", and "vivir" were verbs that I truly understood what a verb was and that we conjugated in the English language without thinking and because "it sounded right".
Ironically, I never really understood the mechnics of English until I learned Spanish. I can now identify nouns, verbs, adverbs, adjectives, etc. quite easily. I know I learned the subjunctive at one time in English, but I didn't understand what it was or how it worked until I learned Spanish. I wanted to explain this all to you so could understand that I am the type of person who learns from building on top of rules and foundations.
I never really was very good at arithmetic or algebra, but I did quite well in calculus. So it's no surprise that now that I have my first year of law school behind me, I've learned more in my Copyright and Trademarks class about Contracts and Property than I ever could have learned in the actual courses. I had to learn Contracts and Property to understand Copyrights, but now that I understand Copyrights - I feel I have an even better understanding of Property and Contracts. The puzzle pieces are finally starting to line up and I understand why we learned about adhesion contracts in Contracts and licenses in Property.
An example of this is when a user installs a new program on his or her computer. The user does not own anything, but rather has a license to use the software. Most of the time when installing the software, the user has to agree to the Terms of Use or a contract by clicking a check box or simply a button that say "I agree", these are called Click Wrap Licenses and they create contracts between the software company and the product user. The software is licensed for use under Copyright Law and the Click Wrap License (contract) was created to force users to adhere to Copyright Law. Are you seeing how they build now?
I also know I'm a visual learner. I have to see the whole picture before I can really understand how each piece fits together underneath the whole. For this reason I often create flow charts and diagrams to help me see where each piece fits. I think that's why learning Copyright Law has solidified my understanding of Property and Contracts, it's forced me to re-evaluate the information I learned last year and put it under a new heading. Thus, I've created a broader overall diagram to study what I learned last year and what I'm learning this year and how those concepts all fit together.
I think my ideal class would be encompassed by the teacher the first day handing out an entire outline or flow chart of what we are going to learn. Then taking each piece of the outline and explaining it in detail and showing how it fits within the individual diagrams or outline. To some students, this approach would be very overwhelming. But I really think this approach would be ideal for me. Since no professor will probably ever revert to this method I have a few suggestions for visual, bigger picture learners.
- Refer to the Table of Contents of your book when learning material to see how the material you are learning fits within the entire context of the subject.
- Most of the CrunchTime Emanual books have flow charts in the front pages. I used the Civil Procedure one to understand the Erie Doctrine and Jurisdictional questions. It was a life saver!
- MS Word has a free diagramming tool built in. Open MS Word, go to Insert --> Smart Art --> Hierarchy --> Select your Style and start creating!
- PC Version: MS Office Bundle Student Version $59.95
- Mac Version: MS Office Bundle Student Version $149.95
- I would check with my school's computer store, I bought mine for $25 each at my campus computer store. Often these sorts of promotions are only available through your school computer store. Check with them first!
- You can use a professional software to create a diagram.
- If you're using a PC, I recommend MS Visio (Student Version: $55.95 for qualifying student.)
- If you're using a Mac I recommend OmniGraffle Pro (Student Version $119.95.)
- For oultining and creating simple diagrams I also recommend a simpel notebook style program.
- For a PC, I recommend MS OneNote (bundled with the student package of MS Office)
- For a Mac, I recommend Circus Ponies' NoteBook or OmniOutliner Pro 3. (Student Version NoteBook $29.95 , OmniOutliner Pro $49.95.)
- I actually test drove both OmniOutliner and NoeBook and decided to purchase NoteBook because I thought it offerred more features for the price and I liked the "notebook" feel. If you are stuck between the two, I recommend downloading a free trial of both and test driving them.
New Post on SMLS: The Consequences of Being a Legally Clueless Celebrity Online
Posted by Jessica at 10:42 AM 0 commentsCheck out my article at Social Media Law Student. Let me know what you think, I'm open to praise or criticism. :)
Did you know?
Sunday, September 27, 2009 Posted by Jessica at 11:41 PM 0 commentsIt's called Blog Press and it's free! You can upload photos, create posts and manage all your Blogger posts from your iPhone!!!
This app was created especially for Blogger's 10th birthday! I'm glad Blogger finally created a way to write posts from the iPhone, it's been long overdue!
- Posted using BlogPress from my iPhone
Out of It « Brad Sucks
Saturday, September 26, 2009 Posted by Jessica at 12:51 AM 0 commentsI think I'm in love. All of his music is licensed under a Creative Commons Share-A-Like license. Meaning it's free to download and share. I had to give this great artist another shout out after I'd realized he'd completely embraced the Creative Commons lifestyle.
Love his music, love the free access to great music. What more can I say? Check him out!
Free Music Archive: Brad Sucks - Bad Sign
Posted by Jessica at 12:29 AM 0 commentsWas searching for a way to find free commercially viable music to follow up my Google Image Search article when I stumbled across this very awesome artist on FreeMusicArchives.com (FMA).
Some of the music is not really what I'd call "music" (like breathing into a microphone for 3 minutes, it's really music in my opinion.) But some of the music is pretty cool like this artist. Love this song.
Check out another great post at SMLS!
Friday, September 25, 2009 Posted by Jessica at 7:16 AM 0 commentsIf you own a blog, post things to Posterous, make collages from images on Google Images, want to sell t-shirts with Google Images on them, etc. etc. etc., you will definitely want to read/watch this post! It will teach you about one of my favorite features of Google Images (searching for commercially reusable photos!)
Check it out at SMLS!
HootSuite Demo
Posted by Jessica at 9:26 PM 0 commentsI love this online application! Check out my super sweet video introducing everyone to my new favorite application! Special thanks to Huma Rashid for showing me this Web 2.0 app!
Sometimes Law Students Have Fun and Document It
Posted by Jessica at 4:11 PM 0 commentsLast weekend I celebrated a fellow Texan's birthday at her apartment. We watched the UT v. Texas Tech football game (Go Longhorns!!!).
*Ok, I have to openly admit here that I was never a huge fan of football or sports teams in college. I think I've become more of a fan now that I've graduated especially because there are so few of UT fans in Chicago. I have to admit, I was never big on the Texas pride, until I moved hundreds of miles away...
So, here's a glimpse into what law students do when they aren't studying, writing briefs, contemplating legal issues or....blogging. Sometimes we have fun with the small number of Texas alumni in Chicago over birthday candles, sometimes.
Fair(y) Use You Tube Video
Posted by Jessica at 6:44 AM 0 commentsIt's ironic that this video was created with Disney video clips because Disney is one of the greatest proponents of increasing the durations of copyright protection.
The Bigger Picture: Amazon Kindle 1984 Deletion
Wednesday, September 23, 2009 Posted by Jessica at 11:19 PM 0 commentsMy Copyright and Trademark professor made a really good point today in class that I wanted to expand on in relation to ownership and licensing books in tangible and digital form.
When a person buys a book, he or she is not actually buying the expression of the ideas, the words on the paper or the concepts within the book. Instead he or she purchases the tangible, physical book. In other words, the sheets of paper, glue, paper or leather binding and ink which make up the book. The owner of the book can resell the book, rip all the pages out, or can build a gigantic bonfire and set the book on fire. There are no laws against taking your aggression out on old school books, law students. Light 'er up.
But digital copies of books complicate everything. When buying a digital copy of George Orwell's 1984, a purchaser doesn't purchase a physical, tangible book. Instead he or she buys a license to read the book. Licenses can have set durations, they can be revoked, and they are contractually created. When a user purchases a book from any one of the major eBook stores he or she agrees to terms of service in order to have access to the book.
Purchasers of licenses are not permitted to resell the book, make copies of the book, share the book with friends, or post a digital form of the book online. Some eBook stores don't even permit a user to print the book. All rights to the digital book are encompassed in a license.
The Big Problem
Here's the big problem. If I go to Barnes and Nobles and I buy 1984, I own the book. Nobody will ever knock on my door and remove my copy of 1984 from my book shelf. Even if Barnes and Nobles accidentally sold me an illegal copy of the book, it's still mine and I own it.
What happened in the Amazon.com case is a little bit complicated, so let me explain. Amazon sells books and various other items. Amazon sells an eReader called the Amazon Kindle that allows users to download eBooks to their Kindle's for the cost of the digital license.
According to CNET, a publisher illegally made for purchase on Amazon's Kindle website 1984 and Animal Farm. Both books were still under copyright in the U.S., yet Kindle users were able to download the illegal digital copies of the books to their Kindles. The true copyright owner and publisher sued Amazon for copyright infringement. The copyright owners sough injunctive relief in the form of removal of all of the illegal copies of 1984 and Animal Farm from Amazon Kindle users' devices. Thus, the books magically disappeared. Why?
The minute a user purchases an eBook, his or her rights are defined under a license. The purchaser does not own a tangible product, but rather a license to use the product.
What does this mean for licensing rights? How many other items will magically disappear from our virtual bookshelves? What does this mean for privacy rights?
The Bigger Picture
It concerns me that a court of law can order a company to (a) keep records of all the books purchased by purchasers and (b) grant injunctive relief in the form of removal of digital books.
For example, my professor asserted, "If I had a similiar case to this, I'd definitely demand removal of my digital copyrighted works from user's computers, Kindles or devices! I'd point to this as precedent! Who wouldn't? I'd probably win." That's frightening thought.
Did the court just set a precedent for digital copyright and licensing? If somebody in copyrights at your favorite online music store screws up the copyright on your favorite album, will your music disappear as well? Maybe your movies or software too? Do you really own anything digital? Would we even be questioning ownership rights as it relates to removal/deletion of your books, movies and music 20 years ago? Nope.
On that note, I find it utterly ironic that the removed books were copies of 1984 and Animal Farm. It's all very reminicent of a modern day McCarthy era book burning, except this is the Digital Age and we do it remotely and label it "Delete".
Thoughts?
Don't call us losers, call us writers.
Tuesday, September 22, 2009 Posted by Jessica at 9:37 AM 0 commentsCheck out the post to find out! Happy Reading!
Copyright and Contributions
Monday, September 21, 2009 Posted by Jessica at 1:01 PM 1 commentsWhat about when there are several contributors who are subject to a final decision by the main editor, like I'm a writer for Social Media Law Student and I am subject to a final decision by Rex Gradeless. Are the writers for SMLS, co-authors, joint authors, or independent contractors entitled to all rights in our own work? How does copyright law define who owns SMLS and what rights contributors have?
The Seventh Circuit recognized this problem in Gaiman v. McFarlande (360 F. 3d 644) when it held that Neil Gaiman, a comic book script writer, sued Todd McFarlane, an illustrator of comic book characters for Copyright Infringement. Gaiman was a contracted employee who McFarlane hired to create a script for an issue of The Spawn. Needless to say, the court found that Gaiman and McFarlane had to work together to creator the characters in the comic book and without one author's creative work, the whole entire work would not have existed. The court ultimatey held a joint authorship in the work and were both entitled to rights under Copyright law.
From this analysis, I can pressume that if I work with the author of a blog on a post, we are co-authors because without both of our input, the entire whole would not be realized. So, if Rex Gradeless and I sat down and came up with concepts for a blog post then we both input ideas, opinions and changes, this would be a joint work and therefore subject to joint authorship. However, Rex and I don't sit down each week when I write my blog contributions, but he does edit all of the blog contributions. Does Rex own rights in my contributions?
In Community for Creative Non-Violent v. Reid (490 U.S. 730), the Supreme Court held that an artist, Reid, hired by an organization, the CCNV, was entitled to joint authorship of a statute he designed and created for CCNV. The court reasoned that Reid was an independent contractor and not CCNV's employee, therefore he was not subject to "work for hire" status under Copyright Law. The court reasoned that CCNV did not provide Reid with any of the benefits or opportunities it had provided its other employees and therefore could not claim sole rights in the statute. The court also reasoned that CCNV did not have sole control over the creation of the statute but accepted input and contributions made by Reid. The court stated this was sufficine to allow Reid the opportunity to rights of co-authorship.
When looking at the concept of Copyright in this sense I wonder if a court would evaluate the entire whole or each individual article. For example, without my contributions to SMLS, SMLS would still exist. However, the whole of the website would not be realized as it is today without my contributions. But without Rex's editing, would my contributions as a whole be all that different from their current state?
It's important to note that I do not have any rights of authorship in SMLS. I own only what I post, even if edited by Rex. If I had control and access to change parts of the website then my statuts as a writer with rights solely in my work would change. Whereas, if Rex removed paragraphs from my articles and added his own input, his rights in my work would change as well. However, Rex changes very little in my posts and I do not have any control or access to changing SMLS as a website. But I think it's interesting to note how easily the lines of authorship, joint authorship and co-authorship can be blurred when you work in a collaborative, contributory setting. Any thoughts?
Jing, OmniGraffle, Snow Leopard
Sunday, September 20, 2009 Posted by Jessica at 4:21 PM 0 commentsI am so excited about my recent discovery. Jing.com allows users to capture, narrate and explain from their computer screens in five minute flash videos for free! The free version allows users to upload their video Screencast.com and share it with the world via a link, embedded on their blog, or via an email. Pretty cool stuff if you ask me.
I personally have invested the $14.95 per year for the paid version which allows users to save videos to MPEG-4 formats and edit them in iMovie, QuickTime (on Snow Leopard) and upload videos to YouTube. The paid for version also allows a user to capture screen views and has webcam capabilities built in. (This is a really nice feature for presentations and tutorials.)
I'm pretty excited about my discovery so I am going to give you all a quick tutorial of my new favorite program, OmniGraffle. (Think MS Visio but for your Mac and with some awesome features.) I am still learning OmniGraffle, so I thought it would be fun to show a video of some of Jing's capabilities while narrating.
I'd also like to offer some congrats to Apple with the release of Snow Leopard. I purchased Snow Leopard this weekend and I've seen a big improvement overall of my MacBook's performance. I love the new QuickTime and I keep discovering tiny little cool things built into the new OS I was not expecting. So yay Apple!
One more time...
Wednesday, September 16, 2009 Posted by Jessica at 7:41 AM 0 commentsP.S. I just turned in my Herzog Paper and I really think I should be celebrating...
New SMLS Post: Locating Sex Offenders on your iPhone!
Tuesday, September 15, 2009 Posted by Jessica at 9:41 AM 2 commentsA Legal Perspective: Google Fast Flip
Posted by Jessica at 9:34 AM 1 commentsHere's what Google has said:
Today we're adding a new experiment to Google Labs: Google Fast Flip, accessible at fastflip.googlelabs.com. Fast Flip is a new reading experience that combines the best elements of print and online articles. Like a print magazine, Fast Flip lets you browse sequentially through bundles of recent news, headlines and popular topics, as well as feeds from individual top publishers. As the name suggests, flipping through content is very fast, so you can quickly look through a lot of pages until you find something interesting. At the same time, we provide aggregation and search over many top newspapers and magazines, and the ability to share content with your friends and community. Fast Flip also personalizes the experience for you, by taking cues from selections you make to show you more content from sources, topics and journalists that you seem to like. In short, you get fast browsing, natural magazine-style navigation, recommendations from friends and other members of the community and a selection of content that is serendipitous and personalized.
From a legal perspective, this new product is ingenious. Part of the problem with Google News is that it's an aggregation service that aggregates the headlines, photos and story line leads of an article from a published website and shares it with the world. The problem is that the writers and publishers of those stories have complained that Google is infringing on their copyrights and taking the "heart" of their story. However, Google has argued that it increases readership to publishers by allowing them to click on links which direct the reader to the publisher's website. There have been some nasty legal battles over content and Google has settled with a number of publishers to license out their headlines, photos, and storyline leads. But I think Google might have found a way around copyright infringement with this new technology.
As you can see, Google has allowed the entire page with its advertisements viewable. Google has stated that it's partnered with the New York Times, The Washington Post, Salon, Fast Company, ProPublica and Newsweek to provide information. Google and its partners will share the revenue from the advertisements. Google hopes this will allow readers to read content faster and generate greater revenue for ads. By partnering with publishers, Google is combating the base for publisher's argument over Google News. Publishers were arguing that Google hindered advertisement revenue sales by taking the "heart" of their stories and publishing it on their news aggregator, Google News. Overall, if Google Fast Flip catches on, it could replace Google News.
Google Fast Flip is customizable, sortable and easy to use. You can sort news by a variety of topics, by news publisher, by topic or even by just read what Google Recommends. It feels just like a scrolling newspaper! It's really incredible!
What do you think? Thoughts?
New Social Media Law Student Post!
Wednesday, September 9, 2009 Posted by Jessica at 8:27 AM 0 commentsAdventures of UT Graduates
Tuesday, September 8, 2009 Posted by Jessica at 7:47 PM 0 commentsI wish I could say my adventures as a law student have brought such good to the world, but honestly, they've brought more self-induced headaches than anything. haha. I get great satisfaction from seeing my friends become good people and do great things. Tressa has inspired me to look at my law degree as not just another set of letters behind my name but as a way of giving back in whatever way I can. I may love IT & Privacy Law and it may have very little to do with changing the world, but ultimately I am determined to find a way for technology to touch the lives of everyone. I really do believe it can and it will bridge the gaps between economic, cultural, communication and societal barriers. I know the "what" of my hopes and beliefs, I just wish I knew the "how".
Thank you Tressa for inspiring me to ask the right questions.
In case you are wondering what the Cyberspace Law Journals are...
Friday, September 4, 2009 Posted by Jessica at 6:47 AM 0 commentsEnjoy!
Positive Thought
Wednesday, September 2, 2009 Posted by Jessica at 6:42 PM 1 commentsI never thought my desire to learn would take me so far, but it has. I've found often that the more I research, the more I know and the more I know, the better opinions and thoughts I can form about the world around me. It's one thing to sit in a classroom and listen to a lecture, it's another to yearn for knowledge to the extent that you will explore it and live it. I've always been a visual learner who learned best when challenged with something physical through trial and error.
Life is a bit like trial and error. Sometimes you work so hard at something and it all falls apart. Sometimes you succeed, sometimes you fail, but inevitably learning from your mistakes is the key. With positive thought, you can take even the worst situations and find a way to turn them around, thus altering your outlook, your attitude and your feelings toward a situation.
Do I want to be a lawyer? Yes. Do I want to be employed when I graduate? Yes. How do I develop my skills to make sure I'm more desireable on paper than the next person? Stand out. How do you stand out? Be unique, think outside the box, develop skills you can use not only in your career but in your life. Stop waiting for opportunity to come knocking, find an open window and crawl through. Make friends and network - smile. Think positive.
Ok, that all seems very simple, but maybe that's just it. A good attitude, a better personality, and a smile can go a long way.
What my blog post means...
Monday, August 31, 2009 Posted by Jessica at 9:57 PM 1 commentsThe Social Media Law Student blog has received accolades from the Wall Street Journal, The American Bar Association Tech Show, was featured in an issue of the American Bar Association's magazine as a Law Firm Website that Worked, was also featured in Alltop and has won several awards. The number of people who subscribe to the blog's feed is 4,227. (Grandma, think of it like 4,227 people read this blog like a newspaper each day with their morning coffee.) Additionally, the website has over 71,000 followers on Twitter - that means 71,000 people are waiting to see what the contributors of the blog will write on a daily basis. Sounds pretty crazy, right? This blog post has increased the number of twitter followers I have by nearly 40% - which is amazing. That means for every new follower I have, I have more options for networking, meeting new people in my field of work and making new friends. It's a win, win situation. Don't you think?
Now maybe that will put into perspective why I am so ecstatic about my post on their blog. I hope you all will read it!!! Thank you for reading!
My Take on Creative Commons
Posted by Jessica at 12:05 PM 1 commentsThanks for reading!
Fingers Crossed
Sunday, August 30, 2009 Posted by Jessica at 8:46 PM 0 commentsOn that note, I think I should do some Copyright and Trademark reading before I really regret not cracking my books sooner. It's nearly 11 pm and I'm still only finished reading for one class out of three for tomorrow. (This is the point where I'll curl up in bed and read - no more proscratinating!)
Growing Through Blogging
Saturday, August 29, 2009 Posted by Jessica at 1:06 PM 2 commentsThe first and foremost thing when writing any blog post is to know your audience. It's one thing to do tons of research only to realize your audience can't relate and doesn't want to read your blog posts. For example, I began writing this blog to keep my friends and family informed on my daily life while in college. Now, I'm 22 and in law school and my focus of this blog has somewhat shifted. Instead of writing about friends I made and football games, I want to write about topics that make me think. This is both good and bad because my audience expects me to write about my daily happenings (funny people I met in line at the grocery store, riding around on the El and getting lost but finding my way), when I want to write about law, social media, people influencing the world and theories that shape my mind. So I think I am going to re-gear this blog towards both. A little bit of my daily life in Chicago and a little bit of my rants, raves, theories on life, law, social media, and the world we live in.
I have to admit, I love how this blog has evolved. I was looking back at some of my posts from my freshmen year of college and my senior year of high school and I realized how much I have grown, matured, and become a different person. I really love that I kept track of so much of my personal life on the pages of this blog because it reminds me of where I came from, who I am and what my goals are in life. If anyone doubts or wonders the kind my upbringing, who I am or where I come from - this is an open record of my life - the good, the bad and the hilarious.
I was reading back through my blog and groaned at some of the things I wrote about. I wondered if maybe I should delete those posts or make them private so nobody could read them again - or rather, nobody had to read them again. But then I realized deleting those posts would counteract my personal purpose for writing this blog - to learn from my mistakes, laugh at my trivial worries, and be proud of my triumphs. I'm not perfect and I don't claim to be, but I can, will and do learn from my mishaps, my encounters, the people who surround me and the life I lead.
[caption id="attachment_655" align="aligncenter" width="225" caption="Having fun at Plymouth Bar and Grill after the first week of 2L year"][/caption]
A Bit of News...
Friday, August 28, 2009 Posted by Jessica at 7:04 PM 0 commentsMy friend, Huma Rashid, has also signed up to be a writer! Yay! I can't wait to read what she writes about especially because I love reading her personal blog!