Author Archives: Kenan Farrell

Indiana University to utilize “Facebook for Scientists”

26 Monday Oct 2009

Posted by in Federal Initiatives, Indiana, Intellectual Property, Tech Developments

≈ Leave a comment

BLOOMINGTON, Ind. – Indiana University has received more than $1.8 million from the National Institutes of Health to collaborate on a $12.2 million, seven-university project designed to network researchers around the country.

samplegateWhile the proposed new networking system will contain authentication mechanisms to protect sensitive data and intellectual property, it is being described as a Facebook for scientists.

IU will be implementing VIVO, a networking template currently in place at Cornell University that brings together publicly available information on the people, departments, graduate fields, facilities and other resources that collectively make up the research and scholarship environment in all disciplines at Cornell.

“This could gather all the related information for one researcher into one place and further links to any other related semantic datasets. Linking and formal representation generate great power to realize more intelligent knowledge discovery.”

Click here for full story.

A Legal Primer for Bloggers – Anonymity

23 Friday Oct 2009

Posted by in Authors, Bloggers, Social Media, Tech Developments

≈ Leave a comment

A Legal Primer for Bloggers, Part 4 – Anonymity

This post continues a series dealing specifically with the legal issues that bloggers should be thinking about.  Part 4, Anonymity, is especially timely, as Indianapolis-based Butler University has recently initiated a lawsuit against an anonymous blogger for making allegedly libelous and defamatory statements about school administrators on his blog, The True BU. The story is covered in detail at Inside Higher Ed. For a nice timeline of the buildup to the Butler lawsuit, see Brad Ward’s post over at SquaredPeg.

First, it’s well established that there is a right to blog anonymously in the United States.  The Supreme Court has repeatedly upheld the First Amendment right to speak anonymously, which applies also to blogs: “author is generally free to decide whether or not to disclose his or her true identity. The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one’s privacy as possible. Whatever the motivation may be…the interest in having anonymous works enter the marketplace of ideas unquestionably outweighs any public interest in requiring disclosure as a condition of entry. Accordingly, an author’s decision to remain anonymous, like other decisions concerning omissions or additions to the content of a publication, is an aspect of the freedom of speech protected by the First Amendment” (McIntyre v. Ohio Elections Comm’n, 514 U.S. 334 (1995)).

bloganon

However, having the right to blog anonymously doesn’t ensure that you’ll be successful in doing so.  As the aforementioned Butler case shows, there’s a good likelihood that your identity could be discovered. There are plenty of tips and techniques readily available online to both help you maintain your anonymity and how to peek behind the veil of an anonymous blogger. Side-by-side in the Google search results are both A Technical Guide to Anonymous Blogging and How to Unmask an Anonymous Blogger.  If you try to blog anonymously through a third-party service, you may be subject to subpoenas seeking your identity from your blogging service provider.  If you receive notice of a subpoena and you wish to retain your anonymity, you should contact an attorney about filing a motion to quash the subpoena. Many courts require the subpoenaing party to show a compelling need for the information that outweighs the speakers’ constitutional rights to free speech and privacy.

Here are some quick tips if you want to begin blogging anonymously (see EFF’s “How to Blog Safely” for a lengthy discussion of these tips):

  1. Use a Pseudonym and Don’t Give Away Any Identifying Details
  2. Use Anonymizing Technologies
  3. Use Ping Servers
  4. Limit Your Audience
  5. Don’t Be Googleable
  6. Register Your Domain Name Anonymously

anonymous

The next (and final) post in this series will cover privacy rights.  Be aware what you can and cannot say about others, distinguishing between private and public individuals.

A Legal Primer for Bloggers

Part 1: Introduction

Part 2: Intellectual Property

Part 3: Defamation

Part 4: ANONYMITY

Part 5: Privacy

Tips for Guest-Blogging

18 Sunday Oct 2009

Posted by in Bloggers, Just for Fun, KLF Legal

≈ 1 Comment

I was recently asked by a journalist to provide some comments on guest-blogging. I put together the following tips for people thinking of getting into guest-blogging, or perhaps just starting to blog generally:

In addition to my own blogs, I’ve done quite a bit of guest-blogging over the last several years. In fact, my first blogging experience was as a guest blogger on a Virtual Law blog, virtuallyblind.com, created by another attorney, Ben Duranske. Guest-blogging allowed to me learn the in-and-outs of blogging without the pressure of producing content on a regular basis.

Blogging has been a great tool for building my business and gaining recognition in my fields of interest. It’s driven my page to the top of Google search results which of course means more eyeballs seeing the services that I can provide them. Several of my top clients reguIarly comment that they enjoy my blog and the information it provides. I also place importance in the process of researching and writing blog posts, essentially an ongoing CLE that helps me be a better service provider in the long run.

Tips for guest bloggers:

1. Find the Right Audience. If you’ve got a particular topic that you’d really like to write about, write about it! Once you’ve got that great post that you’re excited about, look around and find an existing blog that matches your interest. Contact the blog owner and propose that he/she publish your guest post. I can’t speak for every blog owner, but I would never turn away a guest post with quality content. After all, any positive traffic generated would be to my blog, where people will see my info and content. Even if a blog owner doesn’t want to publish your guest post, the feedback they give can help direct you towards somebody who will.

2. Go for the Oscar. You’ve got the time and energy to really focus on one great blog post, so do it! I think of a full-time blogger as a TV writer, responsible for content day in and day out. Not all of it can be glorious, but the blog readers become familiar with the “character” of the blog writer. A guest blogger is a movie writer. They write that epic post that blows away all the other posts and becomes a definitive source for a particular piece of information. Throw in some explosions, heartwrenching drama, maybe even just great images that the guest blogger spent a little extra time to locate.

3. Guest-Blog 2: The Sequel. Unlike in the movies, sequels are generally a good thing in blogging. Endorse your guest post on your own site and build cross-traffic. Follow-up with additional info in future posts and people (most importantly clients and potential clients) will recognize you as an information hub.

bloghand

There are several great resources online to help you get started as a guest blogger. If you’re an Intellectual Property attorney or enthusiast who would like to write a guest post for the Indiana Intellectual Property & Technology Blog, please send me a note.

Indiana Trademark Litigation Update – Peeps Maker Sues Greeting Card Company

07 Wednesday Oct 2009

Posted by in Indiana, Intellectual Property, Litigation, Trademark

≈ Leave a comment

Source: Tom Spalding of Indy Star

simpsonspeeps

The maker of Peeps — those marshmallow candies that are shaped into chicks, bunnies, and other animals — has filed a lawsuit in Indianapolis, accusing a card company of trademark infringement.

Just Born, a candy manufacturer based in Bethlehem, Pa., claims in a federal court filing that American Greetings Corp.’s recycled paper greetings unit used the likeness without authorization.
Advertisement

Peeps were introduced nationally in 1958, the company says on its Web site, and are an Easter addiction for many candy lovers because of the sugar-coated yellow chicks.

The company says Peeps are the No. 1-selling non-chocolate candy.

One card introduced as evidence features two live chicks staring at what looks like a peep. “She’s had waaaay too much Botox,” one of the chicks jokes.

“Happy Easter,” says a copy of another card contained in the lawsuit, “From me and my peeps.”

“Defendant has not received permission from JBI, or anyone acting on JBI’s behalf, to manufacture, produce, advertise or sell any item bearing the PEEPS trademarks or trade dress,” the suit reads.

The lawsuit was originally filed in Hamilton Superior Court but was moved to U.S. District Court.