TVC Alert Research News
The Virtual Chase
http://www.virtualchase.com
20 August 2007
TVC Alert Research News, a free weekday news bulletin, reports on industry
events and Web-based resources for library and legal professionals.
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HIGHLIGHTS
** $300,000 News Clipping Settlement
** A Challenge to Fee-Based Case Law
** AA Files Google Keyword Ads Lawsuit
** Doing Background Checks for Free?
** Online Reputation Defense Services
** Who Represents American Companies?
** Firm Quits Billables for First-Year Lawyers
** PC Magazine Editor Blasts Vista
** Resources: Criminal Records, More
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$300,000 News Clipping Settlement
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<http://www.infoworld.com/article/07/08/16/Firm-settles-internal-copyright-complaint_1.html>
<http://tinyurl.com/3x9njx>
(16 Aug) Knowledge Networks "agreed to pay $300,000 to settle a complaint that
it distributed news articles to its employees without permission of the
copyright owners." According to the Software & Information Industry Association,
the firm regularly disseminated news clippings to employees. The SIIA also said
it learned of the practice through a confidential tip.
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A Challenge to Fee-Based Case Law
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<http://www.nytimes.com/2007/08/20/technology/20westlaw.html?ex=1345262400&en=9595a33c5fec0648&ei=5090&partner=rssuserland&emc=rss>
<http://tinyurl.com/2k859a>
(20 Aug) Activist Carl Malamud is working to make federal and state court
decisions available on the Internet for free. To accomplish this monumental
task, he launched the Web site, public.resource.org.
You may read about the project here[1]. For now, don't expect an easy
search-and-retrieval process. One file, called 2f.ultrafiche.tif, is a
3.6-gigabyte, uncompressed TIFF file that contains up to 1000 pages of text from
volume 2 of the first series of the Federal Reporter.
The site also appeals to law librarians to send it discarded ultrafiche or
books. "Our goals are to provide full scans of the 300 volumes of the first
series of the Federal Reporter over the next few months, to be followed by the
remaining volumes of the Reporters, Supplements, and Appendices."
SEE: Public.Resource.org
<http://public.resource.org>
RELATED: In Re: State and Federal Cases and Codes Public.Resource.org, 17 August
2007 <http://bulk.resource.org/courts.gov/0README.html>
<http://tinyurl.com/2lbkt3>
[1] http://bulk.resource.org/courts.gov/0README.html
******************ANNOUNCEMENT************************************
Looking for more research news and resources? Try The Resource Shelf
<http://www.resourceshelf.com>!
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AA Files Google Keyword Ads Lawsuit
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<http://blog.ericgoldman.org/archives/2007/08/american_airlin.htm>
<http://tinyurl.com/yt7emd>
(16 Aug) Eric Goldman, who is assistant professor and director of Santa Clara
University's High Tech Law Institute, reports on a lawsuit filed recently by
American Airlines.
The American Airlines "complaint [against Google] pleads the usual claims for
this type of action, including direct, contributory and vicarious trademark
infringement (I don't know why the vicarious claim was made; it's deficiently
pleaded); a false advertising claim that the "sponsored link" language
communicates a false impression of actual sponsorship; dilution; various "soft"
state claims (unfair competition; misappropriation and others); and tortious
interference with contract because Google allegedly knew that American's
distributors weren't supposed to buy American's trademarks as keywords."
RELATED: Google Wins Keyword Advertising Case TVC Alert Research News, 5 October
2006
<http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=oct06/5oct06.xml#gg>
<http://tinyurl.com/y7wdle>
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Doing Background Checks for Free?
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<http://www.fayobserver.com/article?id=270088>
(18 Aug) Reporters at The Fayetteville Observer answer the question, Is there a
Web site which one can use to do criminal background checks for free? While
written for residents of North Carolina, it applies to many other states as
well.
"If only there were! It surely would be one of the most popular sites on the
Web. But there are ways to do background checks for free or relatively low cost.
In North Carolina, you can visit (in person, not
online) the clerk of court's office at your county courthouse and do a limited
background check on a public-access computer terminal."
The answer serves as an outline of what is readily available.
RELATED: National Criminal Background Checks: Myths, Realities & Resources The
Virtual Chase, 20 April 2007
<http://www.virtualchase.com/articles/criminal_checks_national.html>
<http://tinyurl.com/37ukqm>
RELATED: Be Aware of the Shortcomings of State Criminal Record Repositories The
Virtual Chase, 27 September 2005
<http://www.virtualchase.com/articles/criminal_repositories.html>
<http://tinyurl.com/bkg6y>
RELATED: Pinching Pennies in a Background Check Might Cost You The Virtual
Chase, 24 August 2005
<http://www.virtualchase.com/articles/employee_background_checks.html>
<http://tinyurl.com/brnve>
RELATED: Not All Criminal Records Checks Are Created Equal The Virtual Chase, 2
March 2005 <http://www.virtualchase.com/articles/criminal_checks.html>
<http://tinyurl.com/4csw3>
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Online Reputation Defense Services
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<http://pibuzz.com/2007/08/18/scrubbing-and-promoting-your-online-image-or-uncovering-someone-elses/>
<http://tinyurl.com/ypfm2l>
(18 Aug) Private investigator Tamara Thompson compares the online reputation
defense services, DefendMyName and ReputationDefender. She also offers resources
for those who want to discover someone's reputation - online or off.
SEE: DefendMyName
<http://defendmyname.com>
SEE: ReputationDefender
<http://www.reputationdefender.com>
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Who Represents American Companies?
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<http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1187254925691>
<http://tinyurl.com/2k56g5>
(20 Aug) Corporate Counsel released the results of its annual survey of
America's biggest companies and who represents them.
SEE: Outside Advantage
Corporate Counsel, 20 August 2007
(A chart: "We researched the Fortune 250 to find out which law firms they used
in 2006 in each of the following practice areas: commercial law and contracts
litigation, corporate transactions, employment and labor litigation, and
intellectual property. Companies are listed in alphabetical order." Access
requires a subscription.)
<http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1187341325354>
<http://tinyurl.com/2gjzt2>
SEE: Playing Favorites
Corporate Counsel, 20 August 2007
(A chart: "We researched which outside law firms the Fortune 250 used in
2006 for commercial law and contracts litigation, corporate transactions, labor
and employment litigation, and intellectual property. These are the firms that
appeared most often in the companies'
public filings. We also added up all the mentions in each practice area to
determine the overall winner. Skadden takes the cake." Access requires a
subscription.) <http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1187341325412>
<http://tinyurl.com/ytl7tv>
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Firm Quits Billables for First-Year Lawyers
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<http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1187254926516>
<http://tinyurl.com/2k5lhl>
(20 Aug) Labor and employment law firm Ford & Harrison is testing a new strategy
for training first-year associates. It tossed the billable hour requirement.
"The program aims to close the practical-skills gap of law school education and
increase value to clients. The firm also hopes it will enable associates to
handle meatier matters more quickly."
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PC Magazine Editor Blasts Vista
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<http://www.pcmag.com/article2/0,1895,2171472,00.asp>
<http://tinyurl.com/35bg5e>
(4 Sep) In his good-bye column, Jim Louderback, who is leaving PC Magazine to
become CEO of Revision3, blasts the new Vista operating system.
"I've been a big proponent of the new OS over the past few months, even going so
far as loading it onto most of my computers and spending hours tweaking and
optimizing it. So why, nine months after launch, am I so frustrated? The litany
of what doesn't work and what still frustrates me stretches on endlessly."
Don't miss the ending: "I could go on and on about the lack of drivers, the
bizarre wake-up rituals, the strange and nonreproducible system quirks, and
more. But I won't bore you with the details. The upshot is that even after nine
months, Vista just ain't cutting it. I definitely gave Microsoft too much of a
free pass on this operating system: I expected it to get the kinks worked out
more quickly. Boy, was I fooled!
If Microsoft can't get Vista working, I might just do the unthinkable: I might
move to Linux."
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Resources
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Legal: Federal Criminal Records
People: Actual Sources of Public Records <http://www.bis.doc.gov/dpl/>
<http://www.gpoaccess.gov/fr/> <http://www.epls.gov>
Denied Persons List: The U.S. Bureau of Industry and Security (BIS) maintains
this list of individuals and entities that have been denied export privileges.
While helpful, the list is not the official record of denied privileges.
Note: "Export Privileges are denied by written order of the Department of
Commerce. Each order affecting export privileges is published in the Federal
Register. These orders are the official source of information about denied
persons and are controlling if there is an inconsistency with anything on this
list or elsewhere on this Web site."
The Excluded Parties List System provides integrated search access to several
debarment lists. (et)
******
<http://www.bis.doc.gov/Entities/>
<http://www.epls.gov>
Entity List, The: The U.S. Bureau of Industry and Security (BIS) maintains this
list of foreign individuals and companies, "whose presence in a transaction can
trigger a license requirement under the Export Administration Regulations. The
list specifies the license requirements that apply to each listed party."
To see the list, follow the link for the EAR Web site, and then enter the EAR
Database. The list is available as ASCII text, or in PDF or WordPerfect formats.
The Excluded Parties List System provides integrated search access to several
debarment lists. (et)
******
<http://www.treas.gov/offices/enforcement/ofac/sdn/>
<http://www.epls.gov/epls/jsp/FAQ.jsp>
<http://www.epls.gov>
<http://tinyurl.com/23a8xd>
Specially Designated Nationals List (SDN): The Office of Foreign Assets Control
(OFAC) of the U.S. Treasury publishes this list of individuals and companies
controlled by targeted countries. The list includes "individuals, groups, and
entities, such as terrorists and narcotics traffickers designated under programs
that are not country-specific.
Collectively, such individuals and companies are called 'Specially Designated
Nationals' or 'SDNs.' Their assets are blocked and U.S.
persons are generally prohibited from dealing with them." (What is SDN?
EPLS)
The Excluded Parties List System provides integrated search access to several
debarment lists. (et)
******
<http://www.pmddtc.state.gov/debar059.htm>
<http://tinyurl.com/2k7kjz>
List of Statutorily Debarred Parties: The U.S. State Department maintains a list
of companies and individuals "barred by §127.7 of the International Traffic in
Arms Regulations (ITAR) (22 CFR §127.7) from participating directly or
indirectly in the export of defense articles, including technical data or in the
furnishing of defense services for which a license or approval is required by
the ITAR." The list covers debarments from July 1988 to present. (et)
******
<http://www.state.gov/t/isn/c15231.htm>
Nonproliferation Sanctions: The U.S. Department of State maintains this
collection of lists of sanctions imposed under various legal authorities against
foreign individuals, private entities, and governments that engage in
proliferation activities. Each list provides the name of the sanctioned entity,
the authority for the sanction, the date imposed, the date lifted (if relevant)
and a link or citation to the official notice in the Federal Register.
Currently, these lists comprise sanctions under Executive Order 13382, Iran and
Syria Nonproliferation Act, Executive Order 12938, as amended, Iran-Iraq Arms
Nonproliferation Act of 1992, Missile Sanctions Laws, Chemical and Biological
Weapons Sanctions Laws, Sanctions for the Transfer of Lethal Military Equipment,
and the Iran Nonproliferation Act of 2000. (et)
******
Companies: Public Records
People: Actual Sources of Public Records <http://www.epls.gov>
EPLS, Excluded Parties List System: The Excluded Parties List Systems
(EPLS) is the electronic version of the Lists of Parties Excluded from Federal
Procurement and Nonprocurement Programs, which identifies those parties excluded
throughout the U.S. Government (unless otherwise noted) from receiving federal
contracts or certain types of federal financial or other assistance and
benefits.
Maintained by the General Services Administration (GSA), EPLS "is the official
government-wide system of records of debarments, suspensions and other
exclusionary actions." You may search both active and archived actions. Search
by name or a variety of other criteria. Results provide the name, type of
exclusion, DUNS, if relevant, city and state, and action date/s. If you have a
street address, you may verify that the resulting record matches that address.
(However, the results do not show a street address.)
EPLS also lets you run a number of different reports; for instance, all
exclusions involving companies in a particular state. (et)
******
People: Phone Lookup & Reverse Telephone Directories <http://www.anywho.com>
AnyWho: This service, provided by AT&T, lets you look up public telephone
numbers for businesses and residences. Search by name or business category, or
use the reverse lookup feature to find the name behind a public telephone
number.
Results include name and address with links to external Web sites for more
search options. Results with no matches include a link to Intelius'
fee-based service for more options. (et)
******
<http://www.argali.com>
Argali White & Yellow: Argali White & Yellow is software that aggregates
telephone, zip code, weather and other information from sources, such as AnyWho,
InfoSpace, MelissaData, Verizon Superpages and Weather Underground. The free
version is supported by advertising, but the advertising does not distract from
your research.
You may opt for a commercial version. According to the Web site, "Argali Pro
works faster, displays more search results per view, occupies a smaller screen
area and doesn't use cookies." (et)
******
Legal: Business Law
Legal: Legal Commentary
<http://safeselling.org>
SafeSelling.org: A project of the Cyberspace Law Committee of the American Bar
Association's Section of Business Law, this Web site offers information for
business people launching e-commerce enterprises and for businesses venturing
into online sales. It contains a series of practical short articles of primary
interest when starting a business.
For instance, there are essays on obtaining and protecting domain names,
publishing and linking to third-party content, selling out-of-state and
internationally, records retention, structuring your business, paying taxes,
maintaining customer information and privacy, and more. (et)
******
Legal: Freedom of Information Law
Legal: Privacy Law
<http://rcfp.org/privatization/>
Privatization v. The Public's Right to Know: The Reporters Committee for Freedom
of the Press reports on the state of public records laws in the U.S. Through
anecdotal accounts, the Web site shares the difficulties journalists and others
have in obtaining information the public has a right to know.
The opening story relates a lengthy struggle to obtain information about school
bus drivers in Milwaukee even after it was discovered that a local school bus
driver had been convicted of sex crime.
Lawyers and others seeking legal information will find summaries of state public
records laws and many citations to case law. (et)
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