Identity theft and other security concerns..

Last week the Secret Service in conjunction with other international agencies, arrested 28 individuals for identity theft, fraud, and fraud. Read about the arrests here and check out how the Secret Service lets everyone know that they are investigating the website here. Obviously these arrests are a step in the right direction, but I fear we are just scratching the tip of the iceberg on this issue. As information becomes more aggregated on computer databases, the more prevalent these types of crime will become. Another problem is that this country has a pretty poor track record of requiring companies to keep information secure. Therefore, companies aren't required to patch their databases against a new worm, trojan or other malicious attack. If your information is stolen because of company negligence it is unlikely that a customer will have any recourse. So the burden is shifted to the individual to protect themselves. That's why everyone should keep their patches and versions up to date and shred any paperwork with your personal information on it. You have to take these steps because it is unlikely that a company is protecting your information as well as it should be.

Speaking of companies protecting their databases, there seems to be a new type of extortion. According to this article (from the folks at Small Business Trends), criminals are breaking into databases, stealing financial information and then extorting the company for money. If the money is not paid by the company, the group will release the information. This is probably not a suppressing trend, but certainly disheartening. I think in the next few years you are going to see a trend of companies touting their ability to protect your financial information. If that doesn't happen, it is likely that Congress will pass laws to requiring companies to protect financial information.

Pack wins..

In what can be best described as a mediocre game. The Pack offense looked pretty good in the first half racking up a quick 17 points. The defense did a fine job all game holding Clinton Portis to a mere 70 hards (thank you Grady Jackson). Unfortunately, Brett tried to give the game away at the end by throwing 2 interceptions in the 4th quarter. Luckily, the Redskins couldn't capitalize and the Pack won the game 28-14.

Go PACK Go.

Oh my retinas!!!!

While flipping through channels on Directv, I came across the Hawaii -Boise St. game on ESPN2. Boise State actually has a pretty good team (ranked #16), which means that they are getting more national TV coverage. Unfortunately, I'm not sure that is a good thing. I can handle my retinas getting burned during the bowl season when I know that the Humanitarian Bowl will be on. But I don't need them burned on a Friday night. All I want to do is knock back a few suds and chill.

In case you are wondering what I'm carrying on about, check out this.

I fear for the day that I get HDTV because my head might pop clean off my body when I see 60 inches of blue field. Doesn't Boise State have any sympathy for us TV viewers?

MP3's in the Pool?

Back in high school, I swam competitively for a year-round team and the high school team. Therefore, I got to swim between 3 and 5 miles a day. Before practice I would sit in my car, or in front of the TV watching MTV, (yes they played videos at one time) to get a song in my head for the three hours of torture, errrrrr fun, that I was about to endure. During the summer of 1989, my preferred swimming song was the Cure's "Fascination Street." Heaven forbid if I got Warrant in my head before practice. Lap after lap, with "She's my cherry pie" rumbling around in my head.

So imagine my bitterness when I came across this at Slashdot.

Bone conduction? Holy crap!!! I wonder if it really works. Unfortunately, I'm going to have to wait a while before I buy one. At $250 and only 128mb(figure 2 hours max of poor quality MP3's) of flash memory this is one over-priced piece of equipment. Though back in the day, I would have probably bought it just so I wouldn't have endure Warrant ever again.

Update: bookofjoe has a competing product here. It is about $100 cheaper but seems to use different technology.

I wonder if Snoop Dogg

will sell this (stupid registration required at the NY Times) on Ebay someday.
One can only hope. Until he does, I guess I'll just have to read about Snoop's tricked out bus.

Tip o' the hat to Autoblog.

OH Goodie!!!

This is very exciting.

The Internet Corporation for Assigned Names and Numbers (ICANN) has approved two NEW top level domains(TLD). In case you don't know, TLD's are used to generally categorize websites (this distinction has weakened over the years). For example schools use .edu as a TLD and non-profit organizations use .org as a TLD.

Now the ICANN has approved .travel and .post . OH GOODIE!! Two more extensions like .biz , .aero or my favorite .coop (for cooperatives) that I won't ever remember. Not to mention all the commercial companies that will go out and buy all the good domain names with .travel and .post at the end of them, so they can protect their trademarks.

This is so very exciting. NOT.

This will work until...

See this article from Wired.

This is going to work really well until a customer electrocutes themselves because they forgot to unplug their computer before working on it. I've built a few computers on my own and feel comfortable about getting inside the computer to fix it, but I'm still not sure you want the average computer user in the box with screwdrivers or pliers. Those components usually don't survive being shorted out or having a capacitor ripped off the motherboard. Furthermore, what happens when someone attempting to fix their computer causes further damage. Whose fault is it then? What if they followed the company's directions to the letter and the computer is worse off? I guess I shouldn't be surprised by this instance of a company shifting the responsibility of repair to the customer.

It will be interesting to see if this trend continues to increase. Sorry to say, you can't fix the Ipod on your own. Maybe that's next.

I'm a get medieval on your ass...

This is going to be awesome!!!!

Ving Rhames portraying Kojak.
The TV world has just become a whole lot more interesting.
Now if I were able to greenlight projects like this one, I would want to be a TV executive.

Congrats to Red Sox Nation...

I'm so thankful that the game finally ended tonight and that Schilling didn't have to get his tendon sewn to his ankle for a game six.

This game was boring.
Luckily I watched the ALCS, so the WS didn't have to be as good.

Again, the CURSE is over.

BTW "Boston fan", don't burn the city down tonight.

Why?

I mean really, why do we need this?

I guess being a TV executive isn't in the cards for me.
Oh well at least I wouldn't have to greenlight this crap.

If this is what artists have to go through...

You might start to understand why the copyright system in the US has some problems. Before I post a response to Jason's posting, check out these three items.

First, is an interview with DJ Z-Trip who tried to get all the licenses he needed in order to release his album. It is available here via Downhill Battle.

A couple of quick hits from the interview:

1) It's sort of funny, the industry just can't figure out a way to get their shit together and make a profit out of it. So, they tend to just shut it down. The music is evolving, and DJ's are evolving, and mixing is evolving, and the listener is evolving, and the only people who are not evolving are the folks caught up on the old art of sampling.

2) As a DJ, one has to decide, do you live behind this law that keeps you curved as an artist, or do you go ahead and do the art you want to do. If you don't do your art, to me, you're killing yourself inside, yet nobody wants to break laws either, it's the everyday struggle for us, I mean we are DJ's right, this is what DJ's do, so you see the dilemma.

Second from Furdlog check out this post.

Finally a case that will most likely, for a some time, make things a little more difficult. The basic conclusion of the case? "Get a license or do not sample."

Further analysis coming and a response to Jason.

Back to your regularly scheduled program.. .

I wanted to take a moment to mention this new resource. If you are looking for a new job or are polishing your resume (which you should do regularly) check out this site. The site is based on the idea of a wiki which means that you post your resume on the page and others can edit it. The site also has some very good resources on resumes and jobs.

So go check it out and good luck to Jeremy at Ensight on this very cool project.

BTW, official opening is this FRIDAY!!!!

So do it go now.. go to RESUMEWIKI!!!

GCOL #2

This foray into the Greater Complexities of Life is titled, "Finally realizing you have a trait that most of your friends don't like: Getting out of the advice business."

My background is in the law and because of that background I have learned to think in a very logical, technical way. Another ability you learn over time is how to give advice to clients. I did not need to go to law school to learn how to give advice to people. I have always given advice to friends, not because I thought I knew better, but because I like when my friends give me a different perspective. I find that a different perspective many times is very helpful in making a decision and that I can learn a lot about myself along the way. In fact, I have great respect for my friends that can tell me, "Scott you are being a jackass."

I guess for a long time I assumed that others appreciated it when I offered some thoughts on their situation. I am quickly coming to the conclusion that my assumption, like most assumptions, is way off. Since I realize that I have this urge to spit out unsolicited advice, I have been trying to curb that urge. Simply put, I'm working very hard to get out of the personal advice business. If over the past few years you have been given a mouthful of advice you didn't need or want, I apologize. If my attempt to curb this urge fails and you get some unsolicited advice, again I apologize. Just realize that I am trying to help and not judge.

To this end, if you need some advice I'm willing and ready to offer some. As always though, if you think I'm being a jackass, just say so.

A couple of links

Jeremy over at Ensight, has a couple of links that I thought all four or five readers over here might be interested in.

First is a so-called partner pack from Microsoft. Two things of note: 1) There is a Virus Scanner which is free for 12 months so if you or someone you know doesn't have one tell them to get this and 2) there is a free version of "Post-It Notes" for your computer (my mother is going to be thrilled about this one). The bad thing is that these programs are limited to Windows XP, so I won't be putting the Post-It Notes on the laptop anytime soon. See the link here.

Second there is a link to some graphics programs. Computers, graphics and I are still recovering from the "great appellate brief scandal" of '98, when the graphics I put into my brief caused all of the footnotes to disappear. Nonetheless, give them a try here.

Duh...

Read THIS via Wired.

Is absolutely ANYONE suprised by this?

Intel drops LCOS

What is LCOS? It is a technology that was being pushed by Intel as a method for making TV's. Liquid Crystal on Silicon was touted as another method for thin, wall mounted tv's that would compete with LCD's and Plasma TV's.

Well the field is back to LCD's and Plasma TV's after Intel announced they would cease attempting to make LCOS. For a good primer on LCD's and Plasma TV's go visit the Home Theater Blog and read this post.

While I like both the above technologies, I think for the money CRT TV's have the best bang for the buck.

It was a matter of time before...

this happened via Defamer.

I really figured MTV would have required that participants not sell the automobile for a year. I guess I was wrong. Oh well not the first or last time that's gonna happen.

Still having watched that show a few times, do those cars run any better or are they just dressed up POS's. I'm not buying this VW Bug to find out.

I figure it is just a matter time before someone steals one of those cars. My guess is the Landcruiser because nothing says safety like a tonneau cover.

Big sports day..

because today the Green Bay Packers take on the Dallas Cowboys at Lambeau Field. I can't even begin to tell you the firestorm that will erupt if the Packers lose today. So .. GO PACK GO. Don't let me down today, because I have a gas can and a lighter to burn all my Packer gear if you guys do. Don't make me start a fire in the middle of the street because I will do it.

Just kidding.

Well sort of.

UPDATE!! All the gas cans and matches have been put away. Who is yer daddy Dallas? Packers win 41-20.

Mailing lists..

Since I subscribe to a bunch of different business magazines, I occasionally get some unique offers from companies that think I have a lot of money.

On Friday I received a magazine called Excellence. This is a nice magazine, it has heavy paper and a very pretty picture on that front. Still I'm pondering how in the hell I got this magazine. So I look a little closer. It turns out that Excellence is the magazine of Beretta guns. Not their handguns mind you but their very, very expensive shotguns.

I have shot a side by side Beretta skeet gun ONCE. It was a ten thousand dollar gun. I didn't even want to hold the damn thing for fear I might drop or scratch it. Frankly, for bird hunting you can't beat the very reliable Remington 870 pump action shotgun. So knowing how much money it takes to buy one of these guns, I am wondering why any company would want to send me a magazine touting it. Apparently if you subscribe to Forbes you must be very rich. This is the only mailing list I figured I could have gotten on to receive this magazine. So a big thank you for Forbes for making me feel even poorer.

Guess I better start saving my pennies and nickels.

Greater complexities of life.. Post #1

I have been toying with this post for a couple of weeks because I wasn't really positive I wanted to broach the subject. Furthermore, if I decided to talk about this topic would I make sense to anyone but myself? Then again, if the subject of your blog is the "greater complexities of life" you had best talk about some of them. So with a couple of beers in me, and some Trent Reznor(that's Nine Inch Nails) flowing in my ears, here goes nothing.

My first foray into the greater complexities of life, Post #1, is the trust issue. This isn't a topic about trust in the legal sense (because frankly I studied for trusts once on the TX bar exam and forgot all of it), this is trust in the sense of human nature.

Trust is a fickle beast. Technically it is defined as "Firm reliance on the integrity, ability, or character of a person or thing. " That definition is clean, almost precise, and it almost makes saying " I trust you" as easy as cutting apple pie. But as we all know to well, it isn't so easy to say those words. In fact, I might even venture to guess, they can be harder to say than "I love you." You are probably thinking to yourself, this guy is off his rocker or that he doesn't know what the hell he is talking about.

Think about it a little before you dismiss me. Isn't trust really the root of friendship and love? Without trust, would you tell your best friend about those bad things that happened in your life? Without trust would you tell a loved one that they are really "screwing the pooch"? Unless you are a real a-hole, chances are good that you trust the person and they trust you. Ultimately, this leads to a better question, which is what makes us trust someone.

I think people trust in two ways. First, those like me, who freely give out trust and then yank it away when there is a violation of that trust. I have trusted people freely at the beginning, only to learn that the person should have never earned that trust to begin with. This leads to the second type of person, those that give out trust in little bits, Which is better? If I had the answer to that question I would be trusting EVERYONE. Seriously though, it doesn't matter how you get to trusting people just that you know how YOU do it.

What is more important, in my mind, is building and maintaining trust. I am a pretty lucky guy because I have some really good friends. These are call them up at 3 am in the morning, and they will take your call kind of friends. Hell, I have more than one. That is the true sign of trust, when you call someone up at that time and know they will take your phone call. They have my back and I have their back. I have some other friends I might call in a pinch, and then those I probably wouldn't bother calling. The root of all this is TRUST. I know I can call those guys at 3am, and they know that I won't be calling them to jerk their chain.

That trust didn't come easily or over a short period of time. It took lots and lots of work. Unfortunately, I have a friend or two that I find that I'm losing trust in. Not because they have done anything wrong, but because I don't know them as well as I used to. As I grow older, I find that trust is becoming harder and harder to maintain. That scares me. I have friends that I have known for over 10 years and it comes to mind that I really don't know them very well anymore. Therefore, I'm not sure I trust them as much as I used to.

Maybe this lack of trust comes down to the fact that I don't think I know them anymore. To me the root of trust is how well you know someone or THINK you know someone. That in turn makes you question yourself, because if you don't know yourself, how in the hell are you going to know another person? I guess it boils down to this common point. You have to work to build and maintain trust. It isn't fun and sometimes it can be a real pain, but sometimes you have to reach out there and give it a try. Every once in a while, trust is going to bite you on the ass and leave you with a nasty gash. I will take that tradeoff, knowing that I have the possibility of making a trusting relationship.

Ultimately, I guess my definition of trust is the unwavering feeling in yourself that you really, truly know someone.

Thoughts on education...

My friend Timera has some very interesting thoughts on education in the U.S. (or at least El Paso)today. Go read it here.

I'm not an expert on teaching high school, but I have a pretty damn good idea of what is like to be a student (a few college degrees will do that for you). Based on this experience, I think Timera has a very good point (one that should be repeated over and over); the student has to care!! If a student doesn't care about school or the class there is no way any teacher, let alone an incompetent teacher, can make that student want to learn. With the problem so readily identified, why hasn't anything been done? Sure there is tons of research, use computers or make the curriculum fun, and you will have the students clamoring for knowledge. Does this really work in many public districts? My gut feeling is that it might work to a small degree, but overall it really isn't going to help the truly apathetic student.

So this question (which I admittedly haven't answered) leads in my mind to the much more interesting dilemma. Is there a time when the educational system should stop focusing on those apathetic students and put their energy into other students. Now before I get blasted for that question, this already happens to a large degree in public schools. An apathetic student does not hand in their homework and is therefore not able to pass tests or participate in class discussions. This usually means that the student becomes a disciplinary problem and after time this student decides to drop out. Rather than the school system making the choice on who to educate, the student themselves has made the choice. It is THEIR choice to not be educated.

So is there a time when the school system itself should decide not to educate a student and thus create, in many cases, a trend of smaller classes, more focused teachers and curriculum? The economist in me says "Yes." Focus the limited resources on those students that can extract the biggest benefit from those resources. The humanitarian in me says "No." Every child deserves a chance to learn, especially in this age where an education is vital to make any kind of living. I probably come out some where in between on this issue. I am all for funding schools, building new schools and smaller class size and don't feed me the line we can't afford it. We spend billions of dollars on hiring people to check my shoes at the airport but we can not afford more money to schools? It is a matter of priorities (which shows what a low priority education is in this country). So if the student doesn't want to learn traditionally give them exactly one chance to choose an alternative solution. That alternative can be a trade program or an alternative high school, but if the childern does not want to take the chance there is no need to force them.

So let's err on the side of teaching all children and consider this mantra and add in teacher accountability. I think Timera raises an excellent point when she says..."why should my job be in jeopardy because I can't threaten a kid enough to make him do his work." Her job is basically being graded on factors outside of her control. How would you like to be judged at your jobs on factors entirely out of your control? This is what is occurring right now. She can teach her guts out until she is blue in the face and have 10 of the top students in her class, but she will be judged on those that couldn't give a damn about school or anything else. Is it just me or is this ludicrous? I'm not sure I have a solution any better than the one above but I think a legitimate dicussion needs to occur (if that is possible any more in this age).

I can only sympathize with Timera's plight in the educational system. A seemingly uncaring bureaucratic structure, that is hamstrung by even more asinine educational laws, will do nothing but hurt the all ready screwed up educational system in this country. The only people that will succeed are those that care and have parents that push their children to care about themselves.

A vignette...

Occasionally, a man has to write, when he has had a few too many libations and something has his ire (at least that is what my old roommate Jeff used to tell me). Well the following was written on one such night. Remeber this is a JOKE!!! This is in no way to be taken seriously!! Laugh a little people!!!


Subject: What happens when...

A woman loves an 80 lb. female doberman
more than a man

A vignette by Scott

there comes a day in every man's life...
when a decision must be made
rational or otherwise(translated a little likkered up )
when he must decide when to stop competing for the affection of a woman

one may ask
young man who are thou competing w/ ?
many say
another young man... possibly another woman

but i say something different
i compete w/ an 80lb doberman

how does one compete w/ a female doberman?
many a philospher have grappled w/ said question
w/ little or no success...

but if I may indulge you...
in the wise words of
well
MYSELF...
i say.. you don't..
you just don't compete...
and when you are a little more tipsy than say the girl
and especially the doberman...

the only prudent answer is
you walk away...
you just walk away...

but a question always arises..
can one look at thy self in the morning...

alas....
a question i can not answer in the wee hours of the morning...

but when i know...
i shall let thee know...

and w/ that
I bid you adieu... and may good fortune strike your family

your humble and mildly bitter cancerian friend,
Scott

OH NO!!! Not this...

According to this link from Techdirt , a Chinese company has applied for a trademark for the ubiquitous phrase "HAPPY BIRTHDAY". After reading this bit of news, one might think they can never utter "Happy Birthday" again or put it on a cake.

Well let me assure you gentle reader, this is far from the case.

In fact a quick search (on this page enter " Happy Birthday" )at the U.S. Patent and Trademark Office reveals 65 instances where the phrase "Happy Birthday"has been the basis of a trademark application. In fact Mattel applied for, and was granted a trademark for "Happy Birthday" in 1976. That trademark is live and valid to this day. According to the post above, A Chinese company has filed for two separate trademarks (registration number 78405192 and 78405167 if you are on the results page) relating to toy animals and stores relating to toys.

So the issue is whether or not this trademark will affect the usage of the phrase "Happy Birthday"? The simple answer is no.

Of course there is a longer explanation. First, a quick primer on trademark law. Simply defined, a trademark is a "is a distinctive name, phrase, symbol, design, picture, or style used by a business to identify itself and its products to consumers" via Wikipedia. So this company comes along and decides they will make some stuffed animals and they will put the phrase "Happy Birthday" on them. The company's goal is that their new trademark will make everyone think of that stuffed animal when they are at the toy store.

So now what? Well the company has its valid trademark and is trying to make sure there is not any infringement occurring. So why won't this company (or Mattel for that matter) start suing regular citizens for uttering their trademark "Happy Birthday". Well for the simple reason that trademarks are limited to those consumer areas where the product is sold. For example, Lexis (the information search company) sued Lexus (the car company) years ago for trademark infringement. Lexis lost because they couldn't prove that customers would be confused by the two trademarks in such different consumer goods (search services vs. a car). So unless you are going to start a competing toy company chances are very good you will be just fine (though Mattel may take issue with this application since they make toys).

So feel free to wish someone a happy birthday on their next birthday.

Some business tips...

I really enjoy reading about business. I subscribe to at least 4 business magazines (including Inc., Business 2.0, Fast Company, and Strategy and Business) and read at least 50 or so business blogs(some of which you can see to the left).

For those not using an aggregator you might find it difficult to believe one can read that many blogs in one day. In the beginning it is hard to go through all the posts, but after a while you get used to it. If you are interested in aggregating, see my post here.

But I digress, this blog written by Steve Bayle has some of the most insightful business tips I have come across. If you are even remotely considering starting a business, now or in the future, you have to read his business tips. The tips discuss everything from how to hire employees, how to pick a board of directors, and how to license intellectual property.

Enjoy.

So it begins...

Jason Schultz at Copyfight points to HBO's decision to "lockdown" its copyrighted material here. This is just a taste of the rude awakening that many tv viewers will be getting in the next few years. With the advent of the broadcast flag and the use of HBO's technology, our ability to watch TV when and where we want is becoming very limited. I will be harping on this issue over the next few months, but I think it is important that the general public knows what is coming down the road.

This isn't about destroying copyrights or making them weaker. This is about preserving the fair-use rights that the Copyright Act all ready gives to users of copyrighted material. The more consumers are treated like criminals, (even Microsoft CEO Steve Ballmer thinks so... ) given products that are complex and give very little flexibility; the more consumers will use alternatives to find unrestricted content. Those alternatives are, you guessed it, peer to peer networks, the Internet Relay Chat, and the USENET.

More to come.

UPDATE!!! Susan Crawford talks about HBO's actions here.

Let's take a step back...

No, I was wrong.
I'm sorry.
Take a step forward.
Now take a step back . . .
and then a step forward . . .
and then a step back . . .
and then we're cha-chaing.

Val Kilmer playing Chris Knight in Real Genius.
I love that movie.

Therefore, I will be following this link at Boing Boing and buying a shirt right now.
I suggest you do the same.

A small confession...

I love Lego Brand Blocks (more on why I'm calling them this later). I have built many a Lego set over my life and, even at age the of 31, I still love to build them. In the last year, I have built the Statue of Liberty and the Star Wars Imperial Star Destroyer. While perusing the blogosphere, I came across this link at Screenhead on how a Lego brick is made. For a Lego fan like myself, it was really cool to see how the bricks are made. For those of you who might like design, this is the link for you.

Back to my thoughts on calling them "Lego Brand Blocks". I came across this page after I entered the URL, http://www.legos.com . My guess is that Lego has some real concerns about their trademark for Lego becoming a generic term. For a discussion of trademarks becoming generic go here. The above page is interesting because it is a friendly plea from Lego to its core customers. The plea basically asks its customers to help Lego protect their intellectual property. While it seems that Lego is aware of the problem, they do not seem overwhelmingly concerned. A company that is overwhelmingly concerned usually creates a major ad blitz that attempts to persuade people to not use their trademark as a verb or noun. It will be interesting to see if Lego can stem the tide on its trademark becoming generic.

Well, well, well..

The Packers apparently learned howto play defense against a decent team. Detroit was tied for first place in the NFC North going into this weekend and looked to have a nice little team. I know, I know pretty much everyone expected the Lions to falter sometime this season, but I figured the Packers would have a tough time on the road against a Mariucci coached team(Mooch used to kill us when he coached San Francisco).

The offense was good, if not very good, but the defense was the real key to this game. With the loss of Mike McKenzie to New Orleans and Grady Jackson out with a knee injury, this defense stepped up with a nice victory.

All that being said, I still figure the Pack to go 8-8 this season. I hope I'm wrong but unless this teams plays much better defense they are not going to win many games.

Now as long as the Dallas Cowboys lose everything will be hunky dory in my football universe.

A synopsis of the game Packers and Lions game, here.

A quick welcome..

to the blogosphere to my friends Timera and Drake.

You can find Timera's rants about teaching and everything else here.

My buddy Drake will be pontificating about Latin and other things I'm probably not smart enough to understand here.

A hearty welcome to both!!!

Syndicate what?... Syndicate this...

I want to point out two things on the sidebar. First are Scott's links which is a partial list of all the blogs I read every day. I don't actually go to each of these blogs individually, I use a RSS aggregator and subscribe to their "feed."

So to learn more about feeds and RSS, check out this primer on RSS via Inter Alia.

After you have done that, try out the "Sydicate This Site" link where you can subscribe to our small, humble property in cyberspace. Then add away!!!

Update: Just after I made the above post I received this link in a Technolawyer newsletter about another great RSS primer that JD Lasica wrote for the Online Journalism Review which is available here.

Thoughts on discussing the law...

As many of the readers of this blog know I'm trying to finish my LL.M. thesis at the U of H Law Center. My thesis topic by all accounts is pretty darn BORING. Last weekend, I found myself trying to explain my topic to a non-lawyer and I thought to myself "she isn't getting this at all." It wasn't her fault that she didn't understand, it was mine. I was doing a pretty damn poor job of explaining it to her.

This made me consider the inability of some lawyers to explain the law in terms that clients, friends, businessmen, etc. understand. There isn't a day that goes by that a friend of mine wants to know about "some law they heard about on the tv that is going to effect their ipod." While not being an official lawyer as of yet (that will take another blog post), I feel it is my obligation to give my friend a good explanation of the law. If nothing else, I like to point them to a lawyer who has the ability to talk to non-lawyers. A few that come to mind are Lawrence Lessig, Ernest Miller, Electronic Frontier Foundation , and all those at Copyfight(to name a few, there are more). Unfortunately, all their hard work is not enough.

It will take all of us who have a legal education (this includes you non-practicing lawyers) to take a minute to consider what we know best and educate the public. Don't get me wrong here, I think lawyers as whole do a good job of helping out their respective communities, but I'm not sure that they explain things as well as they could to laypersons. This is not a skill taught in any law school class (though a clinic program can be a start). Some have the skill naturally and others have to work at it. I, of course, fall into the latter group and I try hard to stay brushed up on all kinds of IP topics (blogs are the only reason I can).

So in considering the death of the Induce Act it comes to mind, that someone like me who signs petitions and writes letters could do more. If I come across a friend, client, friend of a friend and they are interested in IP, then I need to have a spiel ready for them. One that doesn't talk over them but describes the situation in simpler terms. This spiel shouldn't use a bunch of acronyms like EFF without explaining that the EFF is an organization that protects our digital rights. I am well aware that law is difficult even to those trained, but if we don't try it is a matter of time before an INDUCE act or worse is passed by Congress.

Go Pack Go!!!

Growing up in New Mexico, most boys are indoctrinated into the Dallas Cowboys or Denver Bronco spirit early in their lives. I was lucky because my parents didn't watch football and when they did it was to cheer against the Cowboys. It is of course ironic that I now live in Dallas and actively cheer on the nation's most storied franchise the Green Bay Packers.

Unfortunately, it's hard to be THAT enthusiastic about two 1-3 teams playing on Monday Night Football. I still haven't recovered from the infamous 4th and 26 play from last season and this season has been just short of dreadful. Every loss is one less game that Brett will play in his stellar, hall of fame worthy career.

I will still pull out the cheesehead tonight and cheer the Pack on. My hopes for the Lombardi Trophy this season are pretty much squashed but yet I will still cheer on.

So pop open a cold one and lets see how Al and John will muddle through this horrible game.

Go Pack Go!!!!

Update: Well that was an absolutely horrible start. I knew our run defense would be suspect this year, but without Grady Jackson this is getting embarassing. 7-0 Tennessee
This is getting really, really sad. Do the Packers play defense? Apparently not. So much for homefield advantage. 14-0 Tennessee
Wow only a field goal. 17-0 Tennessee
I'm flashing back to last January. 3rd and 23 ... hmmm... I wonder if they will throw. I'm quickly running out of words. 24-3 Tennessee

MOST POINTS EVER ALLOWED AT HOME BY GREEN BAY... nothing more to say...

Sorry for the weekend absence...

I had planned to do a number of posts this weekend but couldn't thanks to some family business. Every one is ok now and I'm looking forward to quite a bit of posting this week.

Another bullet dodged...

Ernest Miller reports here that the Induce Act (aka IICA) has died. To say this act was a bad idea would be an enormous understatement. It never ceases to amaze me how the recording and movie industries choose to ignore the writing on the wall; "Change your business plan or die." Unfortunately, this will not be the first or last time we hear of an act such as this.

In the meantime, the RIAA can continue file John Doe lawsuits and wait until the next session of Congress to think of even worse legislation to propose.

Simply put, we got lucky this time. Next time it is going to take a much stronger effort.

Many thanks go to EFF and especially, Ernest Miller who did a great job of exploring and EXPLAINING the many problems with the Induce Act.

Rumor has it..

That my long lost cohort Jason aka Serotonin Project will be making his first post here today. I know I'm waiting with bated breath.

A few blog notes. The feed is now active thanks to Jeremy at Ensight prodding me into doing the feed a bit earlier. I also added some new links on the left that I like to read every day. So if you are bored give them a peek.

In the future I'm hoping to add trackbacks and some other features.

Nip/Tuck Does It Again

If you aren't watching Nip/Tuck on FX this season where have you been? Watching reruns during the summer or maybe the vice presidential debate? I have to admit that I watched the debate and caught the second airing of Nip/Tuck last night, but I wish I would have switched over earlier. The season finale was simply some of the best TV I have seen. Just when I think this show can't suprise me anymore, they go and make an episode that leaves me wanting more. If you missed the season finale "Joan Rivers" you can catch it again on Friday at midnight (ET).

Now if FX would just create a third show so that I always had something to do on Tuesday nights I would be a happy man. I guess I have to wait for new episodes of The Shield sometime next January.

Welcome...

To the first post on Euphonic. You might ask what is with the name blog Euphonic and what does it mean? Well we decided on Euphonic because simpatico was all ready taken and Euphonic is a synonym to simpatico. Simply put Euphonic means agreeable sound, especially in the phoenetic quality of words. So what does that mean to you, the reader? It means that Jason and I will try to get along with each other and will talk about subjects that interest both or either of us.

From me you might get posts on anything ranging from politics, law to cooking and sports. I'll let Jason tell you what to expect from him.

These first few weeks are going to involve a lot of tweaking of the blog and hopefully some improvements.

So sit back and relax.
Then open a window and pop open a beer.

And with that away we go!!!