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Dennis M. Kennedy Dennis M. Kennedy
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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
About this blog
Between Lawyers provides just-in-time group commentary on the issues raised when technology, culture and the law intersect. We take you behind the firewalls and conference room doors to show you how experienced lawyers deal with these issues and help you prepare for the new challenges we all face. For more, see our introductory post.
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« Re: AV Squad/CC License | Main | If Only They Had a Technology Use Policy... »

April 8, 2005

Re: AV Squad/CC License

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Posted by Dennis M. Kennedy

I have to admire Ernie's way of apologetically talking about his simplistic analysis and then offering a very convincing argument. He convinced me.

Let me flip Ernie's Robert Frost reference. The selling point of the CC license is that it creates a "road more traveled." The benefits of this approach to licensing come from its widespread use.

Lawyers are known for always saying "no" to new things. Part of what Between Lawyers is about is showing ways lawyers can say "yes."

Ernie says:

"I say we go with the CC license and work from within that system to make it better, more understandable and more predictable. If lawyers aren't willing to give it a shot, then why would ordinary artists and creators? Copyright laws are out of synch with reality. We need a new approach, and the best proposal so far is the CC license. It's not perfect, but it can be improved and we should improve it. But first we should adopt it."

As I've said, I like the direction the CC licenses are taking us. I like the directions the Open Source licenses are taking us. It's important to look at what the licenses say and push for changes that will improve them. My own history shows that the CC group will listen to constructive criticism and make reasonable changes.

Let's help push this approach forward. Count me in.

Marty, I'm feeling like we're reaching a consensus here. What's your call? If you're in, we can get the license applied to this blog and maybe write a bit about that process. I believe that the general rule would be that since Denise recommended that we adopt the license that she volunteered to be in charge of implementing it, right?

We'll have to talk about how far out of synch copyright law is with real world behavior one of these days.

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


1. Ernie on April 8, 2005 3:47 PM writes...

From now on I'm sending you my posts so you can edit them and post them for me. I may have convinced you, but I didn't do as good a job of writing my thoughts as you did. Thanks for making me sound smarter than I actually am.

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