anseljh

I realized I like writing paragraphs more than code. I'm a decent programmer, and I still code sometimes, but I didn't want to do it all day every day. So...I became a lawyer. :-O Now I help start companies and troubleshoot human problems. It's actually fun, and my technical background is very helpful.

Intercepts with warrants is really, really different than giving unaccountable thought police a desk in the news room. Equating these things is silly and borderline offensive.

My point is that the Secret founders, who thought long and hard about this, concluded that the social cost (harassment, etc.) outweighed the benefits ("cool jokes", etc.). I am imploring you to learn that lesson instead of repeating the same mistakes--and harming others.

Please learn from Secret. There are some things you should choose not to build. This is one.

I noticed the unmistakable X Windows "X" cursor and gray loading screen on an in-flight entertainment system that crashed on me. I think it was Virgin America, one of their early flights after they launched.

We hope.

Wow. Lots of doublespeak from the founder in the Re/code piece. While it's true that "The [California Labor Commission’s] Uber decision...was only a single claim", I'm not so sure it was "blown out of proportion." You could also see it as the tip of a big iceberg. Presumably, that's what the investors they were courting thought.

It's a trade secrets case, not a patent case. Trade secrets are the lesser-known 4th kind of IP after patents, copyrights, and trademarks.

Here's the actual complaint: http://www.scribd.com/doc/265362619/Uber

Yeeeeeah, I said that 2 years ago, and I wasn't the only one. NYT should have talked to a few more sources.

http://techcrunch.com/2013/05/15/the-constitution-and-the-3d...

Wired's article on this is much better.

http://www.wired.com/2015/05/3-d-printed-gun-lawsuit-starts-...

This is why there are turtles at the base of the columns at the Supreme Court.

https://www.flickr.com/photos/morgonmae/2437913438

Eek. This is only kinda true. You ought to talk to a copyright lawyer and get a handle on derivative works and data compilations. You can get started by reading this Supreme Court case:

Feist Publications, Inc. v. Rural Tel. Service Co., 499 U.S. 340 (1991) https://casetext.com/case/feist-publications-inc-v-rural-tel...

Disclaimer: IAAL but IANYL.

That case is still alive and kicking, actually. Craigslist just filed a motion to amend its complaint (again).

Full docket: https://www.pacerpro.com/cases/158665

Motion: https://s3.amazonaws.com/pacer-documents/N.D.%20Cal.%2012-cv...

The gears of the judiciary grind slowly, but grind they do. They're grinding these Prenda guys down to their component atoms. That can take a while.

It's soft language, but I don't think they can stretch it to mean "anything." 5 months is just way too long.

Under California law, data breach notifications "shall be made in the most expedient time possible and without unreasonable delay".

Civil Code § 1798.82(a): http://leginfo.legislature.ca.gov/faces/codes_displaySection...

I find it hard to square that requirement with Uber waiting 5 months from when it found out.

Here's a sample of the notification that went to affected "driver partners": http://oag.ca.gov/ecrime/databreach/reports/sb24-48540

Hilarious watching neighboring cows freak out at 2:26 and 4:23 of the grid fin test video.

Got data?

Yeah, I think a good future state would be experts with software augmenting their abilities, like helping flesh out the correct documents. There is precious little of that in the legal industry, though.

I like the earthquake analogy.

Also, most legal screwups won't cause a company to fail—but they will cause unnecessary expense, distraction, and stress. The point is that all of that's preventable if you are careful.

Correct: there are lots of ways to mess up. LegalZoom is just one new way.

I agree, Nolo > LegalZoom.

Sorry, but actually wrong on all fronts. I was genuinely pretty surprised by how bad the situation was and thought it would be interesting to write about. Sorry if you feel differently.

I'm curious to hear what the HN community thinks. Any good war stories from the DIY legal front?

Why the gnashing of teeth? Yes, privilege is real, but they had to pick some place to do it, and it's a hell of a lot better to have it online and for free than to not have it online and for free.

RECAP recently found a new home with the Free Law Project, so hopefully things will improve. http://freelawproject.org/2014/05/19/our-recap-partnership-w...

Similar work was done last year based on Lex Machina data:

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=... https://lexmachina.com/media/press/aia-500-expanded/

They use a different term, "patent monetization entity", that is a little better calibrated than NPE or troll.

Because 1929.

...and because another jury convicted him.

I disagree with the recommendation on not filing for trademark registration. Sure, actually finalize your branding first. But once you do, the filing is comparatively cheap (a few hundred bucks total), and provides remedies against copycats that common law trademarks don't have. Even a letter based on a registered trademark is often enough to get people to change behavior. This is actually a case in point.

[In general. I am not YOUR lawyer.]