Mass Law Blog
Intellectual property and business litigation, Massachusetts and nationallyWritten by humans
Lee Gesmer’s Mass Law Blog began in 2005, and contains almost 600 posts. The site initially focused on Massachusetts law, but today it follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer
The Poor Man’s Son
I come across passages that I'll share from time to time. I post them because they tickle my fancy or because I find they contain some insight, perspective or humor that appeals to me. This quote seemed apropos given the economic meltdown of 2008 and the vast destruction of wealth that accompanied it. "The poor man's son, whom heaven in its anger has visited with ambition, admires the condition of the rich. It appears in his fancy like the life of some superior rank of beings, and, in order...
Cameras in Judge Gertner’s Court? Not Quite Yet
The Boston Globe reports that U.S. District Judge Nancy Gertner has stayed last week's decision allowing a motion hearng in the Tenenbaum music downloading case to be "narrowcast" on the Internet, pending an appeal to the First Circuit by the RIAA. Apparently, the RIAA feels strongly enough about this issue to ask for immediate appellate review, and Judge Gertner agreed to keep cameras out of court, at least for the moment. My take? Cameras in the courtroom should be within the discretion of...
Ninth Circuit: Refusal to Allow Embedded Videos and Links in MySpace Not a Sherman Act Violation
You would think that in a capitalist economy the right of one business to to say to another "I don't want to deal with you" would be close to sacrosanct. And, you would be right, with qualified exceptions in cases where the party refusing to deal has monopoly power. Even then, the Supreme Court has narrowed the "duty to deal" to fact situations so limited that antitrust liability can be avoided with careful planning. The two leading Supreme Court cases in this area of the law are Aspen...
The Intellectual Propery Colloquium Podcast
The Intellectual Property Colloquium is a very well produced podcast with "A List" judges and academics. The one hour shows are audio (which is the definition of a podcast), and can be subscribed to in iTunes. The current topic is A Conversation with Chief Judge Paul R. Michel. Judge Michel is the Chief Judge of the Court of Appeals for the Federal Circuit. Other topics include discussions on copyright, privacy and other IP issues. If you're a lawyer and you haven't mastered accessing...