More re Kelly
Google also has weighed in with a short (nine page) amicus brief in support of rehearing.
(Was able to edit annoying typo in last post by coming home and Mac-ing. Go figure.)

Linking And Thinking
The EFF and, more recently, journalist Patti Waldmeir, believe the Ninth Circuit went too far in its Kelly v. Arriba decision in February. I read the case when it first came out, and thought the Court had done a good job of balancing the interests of the copyright holder Kelly against those of the Ditto search engine in aggregating and linking to information on the Web.

The EFF argues "the activity that the Panel has condemned is technically indistinguishable from linking generally." Waldmeir picks up on this and says the decision threatens the legality of all linking. As I read the decision though, there was something that set Ditto's conduct apart from others linking to online material. Ditto was not just linking. Instead, Kelly's copyrighted image was displayed on Ditto's page in its original, full-sized format, exactly as it would appear on Kelly's site. The Court reasoned that the search engine could function perfectly using thumbnail images instead of full-sized ones, and that linking through a full-sized image harmed Kelly by doing away with the need to visit the originating site in order to view the image in all its full-sized glory.

Blawging Along
Rick Klau's article in the American Bar Association's Law Practice Management Magazine this month will help introduce more of the legal field to blogging.

Along those lines, I am pleased to add Rory L. Perry II to the blawg roster today, in two manifestations (thanks to Will and Jenny). Rory is the Clerk of the Supreme Court of Appeals in West Virgina (the state's high court). He has his own blog, and also maintains one for the Court where new opinions and other information are available. Rory really gets how technology can help the courts conduct business and interact; some of his other efforts may be found here and here.

Small Piece
David Weinberger writes that starting your name with a punctuation mark is like displaying a pierced tongue (e.g. ".Zannah"). What does this tell us about b!X's navel, exactly? (;->)

Commander Taco, The Cyber-Poet
(If you're into this sort of thing, also check out Ray Kurzweil's Cybernetic Poet.)

Bag and ah, he is
quick to take awhile back
to the potential
future. Use LANtastic? With
a very well
Fang will be
resurrected from country
to the Little
trapping dismantling to a blog.
I tell the Ninth Circuit
Court of sadness itself, how
can drag the web. The
patented, isolated and
overarching digital CEO proceeds to
drive there. Are useful process, via telex on law.
Review granted, a place already holds
such vigorous debate.
In the company
According to practice
remains a comment
Wednesday, March 19, 2002.
Still have known
as demonstrable evidence, I
want the
idea of the plaintiff from
visiting the applications. A
lawyer has a comment Thursday,
March 21,
AM | link
get_comment_link.
Add a place
open one of Appeal
that the proliferation of
the patent issued for laughing so be chilled through
technology with Ed in order they have had
a new, things.

Roll your own. And if it spits out something as double-taking as "The Ninth Circuit, Court of sadness itself" or "the proliferation of the patent issued for laughing so be chilled through technology," I want to hear about it! (Thanks, Elaine.)