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morning mail – honored to see my teaching take hold

From: K.A.D. Camara
Date: Thu, Jul 23, 2009 at 1:13 PM
To:, Charles Nesson


I like very much the idea of conducting this litigation publicly. I think as we go along over the next month, we should start explaining the dispositive motions arguments to the world — first sale and 117 non-infringement, nominative use of trademarks, preemption, and copyright misuse. We have the advantage of a press corps that’s already engaged and that enjoys diving into legal arguments.

I also like the circus idea. We need to make sure that our circus day doesn’t vary in any material way from how we do business ordinarily, other than that lots of people plus Apple are also roaming around the office. Our people will be asked about this in depos.

As for scheduling, we’re negotiating dates with Apple right now and should be able to pin down a final schedule in the next couple of days. As you can imagine, they’re nitpicking over who exactly we get to depose and in what order. A nice follow-up post might be the roster of Apple people being deposed — we can invite the world to send us questions.

I’m cc’ing Charlie Nesson on this, who I told about the case, who likes our side and story, and who is expert in public litigation.


On Thu, Jul 23, 2009 at 11:27 AM, Rudy Pedraza wrote:


Hope all is well. Yesterday my staff forwarded you and CeCe a link to the blog we intend to launch now with our next newsletter; when you get a chance please let me know if the content is acceptable. We particularly wanted CeCe’s input on how we presented the change of counsel but keeping it light, upbeat and funny if possible (re: Cowboy quip).
I’ve also been thinking about the upcoming visit from Apple during depo week (which in my opinion is akin to letting Terrorists visit the Pentagon). Although the idea makes me uneasy, I figure that if we let them in, we might as well have an *event* for the public the same day showcasing our products and letting customers touch and feel them first hand. How do you feel about that? The theme of the day would be something like “The circus comes to town”, with everyone knowing Apple was also coming and at the same time making the public aware of how ridiculous Apple is behaving. Of course the key to pulling this off is planning, so we would need to get the visit date nailed down ASAP to ensure we get good media coverage.

Best regards,

private public thanks to doug lichtman

doug, thanks for a good fair presentation. you have started an intelligent conversation. i am grateful to you and to all who are participating. i look forward to your further podcasts and particularly recommend as interviewees pam samuelson, martin redish, tom colby, ben zipursky.

what is the connection between riaa and Davenport Lyons

UK ISPs were ordered earlier this year [and in 2007] by the High Court to disclose information relating to its customer’s data, based on information provided to them by amongst others, video games companies. The information sought was based on the customer’s IP address. Pursuant to CPR 31.18, lawyers applied for an order that the ISPs disclose the full name, postal address and telephone number of the subscriber of each of the IP addresses supplied.

The game plan was to match each IP address with an individual and write to them with a hefty threatening letter and a request for £500-600. If this sum was not paid, court action was threatened, costing tens of thousands of pounds. It all seemed fairly conclusive. The ISPs complied and the Lawyers [Davenport Lyons] commenced the enormous task of writing to over (so we understand) 25,000 potential infringers.

read on

cyberone: tenenbaum v. riaa

we are moving to quash the riaa’s subpoena to joel’s little sister for cd’s joel has burned and given her. we are moving to quash under the FRCP 45 on the ground that the request is unduly burdensome and because the requested materials are not relevant (or at lease have not been argued as relevant) to any claims advanced by the parties.

we, matt sanchez and i and others who join us, will do our best to oppose all further burdens upon joel and his family imposed by riaa on grounds that the abuse already imposed makes any further burden undue.


who gives a shit

it is of necessity we doubt ourselves
our sense of self but an inference
how well we wrestle with doubt about ourselves
a measure of our courage and understanding

Now is a critical moment for defining and reinforcing the best features of our communications platforms. What do we value about the internet?

i value the ability to go anywhere, get anything free, some things for a fee. that makes sense to the kid who has no money and no norm not to click, and makes sense to me

and what should be the focus of the next administration?

open access on the process side
open education on the substance

blown to bits an example of a harvard course about the net that should be open on the net to all who want to learn about it
ws211390more of same

presidential poker game

sitting with position on obama
waits for obama to make his play
not hillary
what does that say
what does that say
to whom is he speaking
mccain sees a tell and makes his play

all-in with palin
straight talk rollin
mccain the maverick fighter
alaska woman at his side
choo choo who do you choose

obama seen and raised
action now to him