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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at
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« U.S. Code Annotated -- Your Wish Is Granted | Main | Re: AV Squad: What's The Story With The CC License? »

April 5, 2005

AV Squad: What's The Story With The CC License?

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Posted by Marty Schwimmer

An argument for the Creative Common license is that many disputes over utilization of intellectual property can be alleviated through the use of tagging content with code such as the CC license. If AFP could use code to prevent Google from scraping its headlines, then no lawsuit.

How are the CC license and other coding solutions doing in developing their potential? If bad guys aren't going to program their software to recognize such tags, then is there a point to it?

Comments (1) + TrackBacks (0) | Category: Copyright | Creative Commons


1. Chris Karr on April 5, 2005 12:51 PM writes...

Given that the bad guys will crack and copy your electronic content regardless of the protections, it may not make any sense from a "deterring bad guys" point of view.

However, if the content is tagged with CC metadata, it does help people attempting to act in good faith find and determine how they may use your content.

For example if you use Yahoo's CC search (, you can find media that you are granted to use in various ways. If I'm putting together a short film and I need music, this is one way to find it. The presence of the CC license allows me to use the content as I find it and not worry about having to go through layers of evil lawyers (present company excepted) in order to obtain copyright clearance.

In short, a benefit of the CC licenses is to lower both search and transaction costs of using contents in a derivative work.

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