Ranking Somewhere Right Up There With Fourth Grade Book Reports

Howard Bashman has word of a new Ninth Circuit decision (PDF; specifically, Judge Kozinski's dissent) that promises to introduce the word "blawg" to the Westlaw and Lexis opinion databases. Writes Howard:

A reader has just emailed to note the following passage from Judge Kozinski's dissent:

>Throughout these lengthy proceedings, the judge has offered nothing at all

>to justify his actions--not a case, not a statute, not a bankruptcy treatise,

>not a law review article, not a student note, not even a blawg.

The passage appears on page 29 of the dissent, which is also page 36 of the PDF file. A quick Westlaw search indicates that, previously, no published opinion had ever used the term "blawg."

I think I'll just opt to be tickled that one of my favorite jurists has embraced one of my favorite neologisms, and not worry too much about the fact that had this list gone on it might have included yarn crafts before it got around to blawgs.

(Note too the sad fact that, as yet, no one has added Judge Roberts' Superhottie nominee status to his Wikipedia entry — whereas Judge Kozinski's '04 victory is proudly proclaimed. It is, of course, an honor just to be nominated.)

[Update:] After a day or so this poem insisted on being posted.

Do You Need It?

The answers are "Hell yes," and "Sure, why not?," you can decide which is which.

• Magic Wallet (via: my purse)


• Shuga Buds (via: the always entertaining and just out for '05 Neiman Marcus Christmas Book; dig the $200,000 railroad.)

The Bakersfield-Dixon Line

I had a great time last night at the ABTL program on the Grokster case. It looks like the audio will be available for purchase if you're so inclined. (The audio of our U.C. Berkeley Grokster program last week will be the next episode of Sound Policy, so stay tuned for that.) We missed Russell Frackman and Hank Barry, who were prevented from joining us by last minute conflicts, but superstar Bobby Schwartz agreed to jump in on short notice and was a fantastic addition.

Some highlights of the event were Dean Sullivan's characterization of the case as one involving Northern California vs. Southern California (I'd never thought of it that way before; she intended it tongue in cheek I think, but like most things that are funny it rings true), the many back and forths between Bobby and Fred von Lohmann, Michael Weiss's real world anecdotes, and Bill Murray's taking time out from his 19th wedding anniversary to share his thoughts about fair use, DRM, and the other issues we covered. Another high point for me was the chance to catch up a bit with Ernest Miller who was kind enough to attend. All of the panelists have thought long and hard about these issues, and it was a real treat to hear their insights.

[Update]: Related goings on in Washington today:

• Judicary Leaders Target Peer-to-Peer


• The SNOCAP Solution


• eDonkey Chief Blasts Litigators In Senate Testimony

Grokster, Wine, And Thou

The ABTL's program Promoting Copyright Infringement: The 'Grokster' Decision and the Future of Digital Distribution is tomorrow night in Los Angeles.

And To Your Right, The Holodeck

I had some great meetings and talks yesterday, and the unexpected chance to time travel and be home in time for dinner. That is, I stopped by Google, then eBay. While eBay is a fun, free-spirited business, it's one that's recognizable as part of our own time and place. Google is Starfleet Academy. (With a significantly more relaxed dress code; and I guess we'll need that next earthquake to move it to its rightful place on the Bay.) Wikipedia's description of the Googleplex and corporate culture, and Steve Jurvetson's pics of the tongue in cheek "master plan," begin to capture the crux of the experience but can't convey the totality of the Roddenberrian conviction and scope. It's nothing short of breathtaking the first time you encounter it.

The real time search projections in the lobbies are mesmerizing. In the few moments I lingered there, I struggled to imagine who exactly was searching for "slow dance tampon," "is annoying song," and "al the chicken heads be quiet." I paid a brief visit and said hi to friends at the second Web spam summit, which was well attended, so somehow people find the fortitude to tear themselves away from the lobby displays to go inside and get things done.

The night before my visit (before I realized just how much Google's surroundings and environs wordlessly pulse with charting the future), I was musing aloud about how if near term clarity is to come to the law of fair use in the digital arena, it will probably come from Google. Toss out enough of those speculations and now and then one of them's bound to hit close to the mark.