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Denise Howell

<p>Denise Howell is an appellate, intellectual property and technology lawyer who enjoys broad industry recognition for her expertise on the intersection of emerging technologies and law. For further details please see her <a href="http://www.bagandbaggage.com/practice/">professional background</a> and <a href="http://www.bagandbaggage.com/speaking/">speaking schedule</a>.</p> <p>Denise's career is characterized by her passionate engagement in intellectual property issues, technology, media, and all forms of online communication. She writes one of the first law-related weblogs, <a href="http://bagandbaggage.com/">Bag and Baggage</a> and coined the term "blawg" as shorthand for legal weblog. She hosts <a href="http://twit.tv/twil">this WEEK in LAW</a> on <a href="http://twit.tv/">TWiT,</a> probing the areas where technology and society intersect in ways that present new, unique, or difficult issues under existing and developing law, and has a further audio series at IT Conversations, <a href="http://soundpolicy.net/">Sound Policy</a>. She is a regular columnist for The American Lawyer magazine. Denise is a member of the <a href="http://identitygang.org/">Identity Gang</a>, <a href="http://cyber.law.harvard.edu/projectvrm/Main_Page">Project VRM</a>, a board member of the <a href="http://attentiontrust.org/">Attention Trust</a>, and an advisory board member of <a href="http://lisensa.com/">Lisensa</a>/<a href="http://www.toptensources.com/">Top Ten Media</a> and the <a href="http://lpig.org/">Law and Policy Institutions Guide</a></p>

Latest Posts

Perfect 10 v. CCBill:  "direct financial benefit" means infringing material must draw users, says Ninth Circuit

April 12, 2007 by in Legal

Perfect 10 v. CCBill: "direct financial benefit" means infringing material must draw users, says Ninth Circuit

In its recent decision in Perfect 10 v. CCBill, the Ninth Circuit interprets a provision of the Digital Millenium Copyright Act that will be crucial to the outcome of Viacom v. YouTube. Per the Ninth Circuit, if the presence of infringing material is merely an "added benefit" for users and not a primary draw, a defendant should be immune from liability for the infringing acts of others. Of course the Second Circuit, where Viacom v. YouTube is pending, frequently disagrees with the Ninth Circuit's take on such things.

Blogging codes of conduct:  consensus still seems unlikely

April 9, 2007 by in Developer

Blogging codes of conduct: consensus still seems unlikely

My thoughts about consensus on a blogging code of conduct are unchanged:  consensus is unlikely, but the discussion is useful.  Here are some comments I sent this morning to an editor at Der Spiegel Online (is it just me, or is the tenor of these questions in keeping with a certain presumption of loutishness?

Tags are conversations

April 4, 2007 by in Social Enterprise

Tags are conversations

YouTube is the anyone, anywhere video channel, and its tags bring order to its millions of clips. Realizing this, Jeff Jarvis encouraged people to post their questions to Presidential candidates and tag them "prezconference." Among the candidates, Joe Biden gets "First Post" honors.

Clarifying my comments to the BBC

March 28, 2007 by in Developer

Clarifying my comments to the BBC

I was quoted by a BBC reporter in a piece about the legal and ethical ramifications of the Kathy Sierra incident. Though the piece used many of my comments verbatim, it did not include them in full and suggested I disagreed with Tim O'Reilly about the advisability of a blogging code of conduct. In fact, I'm all for such a code. I do not think such a code addresses all the problems raised by this situation, particularly the indirect responsibility problem.

Niklas Zennstr&#246;m at VON '07:  Innovation needs an open 'Net

March 20, 2007 by in Mobility

Niklas Zennstr&#246;m at VON '07: Innovation needs an open 'Net

At Video on the Net, Niklas Zennström put Skype front and center and talked about what's necessary for innovation to thrive, Jeff Pulver discussed asking for forgiveness rather than permission and assigning IP addresses at birth, and Vinod Khosla looked at the future of mobile devices and deliver. Not-quite-live blogging ahead.

Terrific podcast about IP economics

March 16, 2007 by in Legal

Terrific podcast about IP economics

Intellectual property law involves balancing a broad range of economic and societal interests, as University of Chicago law professor Richard A. Epstein deftly explains on a recent episode of Hearsay Culture.

Viacom v. YouTube represents a watershed moment in video policy

March 14, 2007 by in Legal

Viacom v. YouTube represents a watershed moment in video policy

In Viacom v. YouTube, the legal waters remain largely uncharted and potentially hostile for all concerned. While short term business considerations may motivate Google toward a settlement, the long term health of its innovation-centric business model could depend on persuading the courts to adopt its interpretation of the DMCA.

Podcast on the law of business communities

March 9, 2007 by in Legal

Podcast on the law of business communities

The conference call Mike Madison and I recorded earlier this week in anticipation of our session at Community 2.0 (more here and here) is now available as part of the Bag and Baggage Podcast or from the Future of Communities blog.

Counter-notification intelligence (or, getting your wrongly removed clip back on YouTube)

March 8, 2007 by in Security

Counter-notification intelligence (or, getting your wrongly removed clip back on YouTube)

Brooklyn law professor Wendy Seltzer wanted to give her Internet law class an example of how copyright claimants exaggerate their rights, and posted a clip of the copyright notice included with the Superbowl broadcast to YouTube as an example. The lesson was driven home as Wendy chronicled and commented on the ensuing DMCA takedown notification and her counter-notification, which successfully restored the clip to YouTube and apparently backed the NFL down.

Blogging jury duty

March 7, 2007 by in Legal

Blogging jury duty

As ubiquitous publishing and communications technologies offer new means for serving jurors to speak publicly, how will the culture of the courtroom develop and respond?


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