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Here is the brief filed by Kendall Brill and Fenwick & West in opposition to the motion seeking to enjoin the CNET reporting on Bit Torrent and other file sharing software: “a full year after they commenced this action, and a decade after the software reviews about which they complain.” Of course we see the irony of CBS, the progeny of Viacom (think YouTube litigation), taking its position here, but we nevertheless applaud it.”
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“According to PandoDaily, the average salary for a dev across all the job postings is naturally higher than for other positions, at $93,000; for marketers it’s slightly less at $92,000 and designers are earning $88,000 on average. As for the NYC companies with the highest average salary: Stylecaster and Venmo boast an average salary of $176,000, so if you have any friends who work there, they better not even think about asking you to split the brunch bill. Rewind.me, Bonobos and Bookish dole out an average salary of $126k. Most jobs fall into the $80-90k range, with an average salary of $87,000: Fitocracy, Seatgeek and Skillshare all fall into this category.” Stats per AngelList
Salaries, Obamacare, 1099′s, burning cash and more
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ArtInfo opines:
“What is not clear is where the logic of this obsessive trademarking will lead or, put in another way, what it means for a corporation to both produce and own our essential means of relating to the world around us.”
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A federal appeals court in Boston has denied the claim that the photo on the right infringed the photo on the left. Harney v. Sony Pictures Television, Inc., United States Court of Appeals, First Circuit, January 7, 2013.
Photo District News explains to its photographer audience (hopefully not too busy suing each other), the protectable and non-protectable elements of the photograph”
“The appeals court said that Harney could not claim exclusive rights to the piggyback pose, the subjects’ clothing, the items they carried, or the church in the background with the bright blue sky behind it. But he could claim exclusive rights to the way he framed those elements, the placement of the subjects in the center of the frame, and the bright colors and shadows that make his image distinctive.”
Very, very, subjective stuff, n’est pas?
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#startups and legal fees Use smaller firms, solo practitioners, and virtual services
Read more at http://ht.ly/gXIPx
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In Nitro-Lift Technologies, L.L.C. v. Lee, the Supreme Court of the United States reversed the decision of the Oklahoma Supreme Court and upheld the right of an employer to bring its claim directly to an arbitrator and not be subject to a challenge to its right to arbitration in state court. The U.S. Supreme Court decision is based on the clear principles of the Federal Arbitration Act, an almost 90 year old statute that creates a federal right to arbitration.
Our advice is not always to include an arbitration clause in our intellectual property and Founders’ Agreements, but we use the case decided today to highlight the power of such alternative dispute procedures.
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“In the plaintiffs’ version, a dog embarks on a mission to save Christmas from a witch threatening to drain the world of holiday cheer with her magic icicle. In Disney’s version Santa Paws combats an evil icicle that threatens Christmas.”
[Source, TheWrap: "Judge Dismisses 'Santa Paws' Copyright Lawsuit Against Disney" 9/20/2012]
The precedent established here is that you cannot copyright the idea of a dog combating an evil icycle. One wonders, of course, what the outcome would have been if Disney had been the plaintiff, had produced its movie, and the plaintiffs here had come along and published their short story.
While I agree with the Court’s decision (federal trial court, Missouri), I rue the inherent ambiguities and unfairness of the laws and their litigated enforcement in our courts.
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Fog Creek, a software company at 55 Broadway, New York, New York writes:
“Software developers at Fog Creek get spacious, sunlit private offices, unlimited computer gear, electronic height-adjustable desks, Aeron chairs, and a plush office featuring marble showers, a library, a salt water aquarium, professional espresso machine, daily gourmet catered lunch, unlimited snacks, video games and movie nights, and the opportunity to work with a great team.”
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