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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 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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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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December 4, 2005

Update: Grateful Dead End Download Block

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Posted by Dennis M. Kennedy

The Grateful Dead ended the controversial reversal in policy made to their long-time concert recording and sharing policy that I mentioned here a few days ago. In other words, the reversal was reversed, as Fred D. mentioned in the comments to my original post.

Fred Wilson sets the story in a traditional holiday framework in his "A Deadhead Carol."

Comments (2) + TrackBacks (0) | Category: Copyright | Intellectual Property and Technology Law


COMMENTS

1. Sad Hippie on December 4, 2005 10:56 PM writes...

Still, I can't listen to a stream in the car. This new "concession" has the ironic earmark of GOP strategy. Make yourself look good by giving back...but less. During the last budget debate, the GOP made sure average Americans got a check and a bullshit letter right after paying taxes while slowly phasing in the biggest tax cuts the wealthy have ever seen. I'm wasn't impressed with my rebate check, and I'm not impressed with the Dead for making up with their bad with streams.

What the band uniquely had was more valuable than the potential future net worth of those soundboards (especially given the fact they own so many more in their vaults). The bands capital net worth was tied directly to their once unique relationship to their fans, not "intellectual property".

In the early days of the net, John Perry Barlowe, who penned the most original part of Bob Weirs songs, the lyrics, once opined that the value of intellectual property lies in it's distance to the source. The experience of seeing a band is better than the album, and the experience of the album is far better than just the raw file. Ahhh the hours I spent just looking at the art of American Beauty. Give me a CD studio-quality remastered show with nice cover art and lyrics, and I'll buy it even if I have the file on my hard-drive. I'll buy it because I love(ed) that band, and want(ed) to pass my love on as a gift to others... I supported everything they were about in a way that was as unique as the band's policy was.

In countless interviews I heard Jerry talk about that magical feedback loop of energy they created between their fans and themselves. The trust they had with their fans was an extension of that.

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2. Paul Freedman on January 26, 2006 1:58 PM writes...

Phil Lesh modified the sentiment--he said that early in their career (when they were playing in the dancehalls of San Francisco for their peers and neighbors) there was a real feedback--not just energy but of "information"--in line with the experiences of communion and synchronicity of the groundbreaking Prankster-style celebrations. But then, writes, Phil, he noticed, and early on, as the scene grew, and the band became more established, it was just an exchange of energy. Anyone who has stood on a stage before an audience, however, could tell you the experience of an exchange of energy is integral to the performing experience itself--and not unique to the Grateful Dead.

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