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Denise Howell Denise Howell
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Dennis M. Kennedy Dennis M. Kennedy
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Ernest Svenson Ernest Svenson
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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 dhowell@gmail.com.

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 tmighell@swbell.net.

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 marty@schwimmerlegal.com.

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 esvenson@gmail.com.
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May 26, 2005

Take It Outside, Guys

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Posted by Marty Schwimmer

With due respect to Dave Winer's and Adam Curry's extensive accomplishments with regard to RSS and Podcasting, their public spat over who did what (links deliberately omitted) is not particularly enobling of anyone.

However, there are some lessons for people involved in joint creative ventures.

Relying on the kindness of strangers to give you proper credit for your
creations is naïve. The intellectual property system provides a framework
for allocating 'credit.' Use it.

Relying on the kindness of strangers to conduct business is naïve. The
contract system provides a framework for conducting business. Use it.

Relying on the blogosphere to resolve your private disputes suggests that a person has boundary issues.

Comments (1) + TrackBacks (0) | Category: Provocations


COMMENTS

1. Dave! on May 27, 2005 1:15 AM writes...

*yawn*

Dave and Adam both stopped being interesting long ago.

They both have made valuable contributions to blogging and podcasting. I hate to be so callous, but what have they done for us lately?

The feud, however, seems to be mostly Dave spouting sour grapes about Adam. Adam hasn't been saying much. It doesn't really appear to be a contract issue--or anything a contract would have solved. There are rumors it was related to Adam parting ways with Dave before they entered into a business venture together, however, those are just rumors. And as for iPodder, the growth seems to be less formal business and more organic.

Besides, there's no obligation of good faith in negotiations; and it's only a rumor-- much better to back out of the 'deal' before contracts are signed if you know the deal isn't good.

Right now, the "feud" seems pretty unilateral, and created mostly in Dave's mind...

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