via YouTube – Stephen Colbert 2011 Commencement Speech at Northwestern University.

I don’t think his commencement speech was quite as good as Conan’s from Harvard back in, oh hell whenever he did the commencement speech at Harvard, but still very good.  I mean, your dreams change.  Life changes.  Sometimes you see it coming and sometimes you don’t.  I left a good job at a good company in a great city to come back to law school because I saw myself getting frustrated with the lack of intellectual stimulation that I was encountering at work.  It’s not that I didn’t love doing online marketing and doing the advertising thing – it’s just that I needed something deeper.  I saw that one coming.  When I suffered a collapsed lung in the first week of cross country practice my senior year of high school and lost my entire season, that one I didn’t see coming.

But in both cases my life was confronted by a change in plans.  And things are usually easier when you see the change coming, but in both cases I think I’ve become a little stronger and a little wiser by adapting to the change.

I suppose Colbert and Conan are talking about the same thing.  You may not be able to win at improv, but I would venture to say you know the feeling when things aren’t going as planned.  When you’re not where you thought you’d be.  And that can be disheartening, but if you have the right mindset, and you have confidence in your ability despite trying circumstances, you just might find that you have a freedom that you didn’t have before.  You can try something new, create new ventures, and reinvent yourself.  After all, “nobody in life gets exactly what they thought they were going to get.  But if you work really hard, and you’re kind, amazing things will happen.”

So, I’ve been sort of absent for the last year.  I mean, I put together some posts based on my mentoring experience with DePaul, but that all came in one fell swoop in late December.  You know, that time when most everyone is kind of busy.

I also have been absolutely terrible at answering phone calls.  There’s really two primary reasons for this: (1) I can’t stand talking on the phone for more than about 5 minutes, and (2) I’m usually in a place that requires me to not answer a cell phone – class, library, a class being held in a library.  For this, I’m sorry.

The good news is that I’m going to get to return to my life as a real human being very soon.  June 30th, to be exact.  My summer class will be over, and all I’ll have commitment-wise is my externship two days a week.

A couple of very general updates.  First, my technology/law related posts are going to shift over to MSU Law’s Media, Entertainment, Technology and Arts blog Beyond Clause 8, at least for the foreseeable future.  You can even read my first post that I wrote for BC8 here, where I talk about the U.S. government’s recent domain name seizures.  Second, I’m trying to use my Twitter account more often.  We’ll see how that goes.

Finally, I’m starting to run again.  Not nearly as fast as I used to be, but the distance is starting to come back and I can put down a 50 minute run pretty comfortably right now.  I’m really only running about four days a week, and then doing some of the P90X upper body workouts on the interim days.  Once this summer class ends, I might start running on the P90X days.  I’ll just have to see how my body holds up.

This is probably one of the most unorganized, random monstrosities of a post I’ve ever written.  Sorry.  I’ll try to be better next time.  Just kinda felt like I needed to start using the blog more and I heard Callen’s voice in the back of my head saying “screw perfect.”

In a surprise move, Verizon is allowing the iPhone 4 to be a mobile Mi-Fi device that can share its 3G connection to up to 5 Wi-Fi enabled devices. This means your laptop can share your iPhone’s 3G internet connection when a regular connection is not available.

1. $325, from Yahoo!

Picked this one up today while reading Eric Goldman’s blog.

Basically, a French news organization, Agence France Presse, copied images from Daniel Morel, a guy who snapped some pics of the Haiti earthquake and posted them on his Twitpic account. AFS didn’t attribute the images to Morel. Morel then brought suit, claiming, inter alia, that AFP violated 17 USC §1202(b), regarding removal of copyright management information, when AFP failed to include the CMI information that was not embedded in the image itself, but was located alongside the image (similar to what Flickr does).

Flickr's Copyright Information is Alongside the Image

Eric Goldman adds context:

There has been an ongoing schism in the 1202 jurisprudence about whether or not it’s a 1202 violation to copy a copyrighted work without retaining the [Copyright Management Information] located somewhere other than in the work itself. This case is a fine example of the problem: when people copied Morel’s photos, they didn’t go back to Twitpic to see what additional CMI might have been presented on the pages alongside the images. Some courts, recognizing the potential trap this creates, have read the 1202 statute narrowly, basically saying that metadata not in the file itself can’t trigger a 1202 violation. . . . Other cases, including this one, have rejected these narrow readings of 1202 and indicated that failing to capture and republish metadata outside the file itself could violate 1202. (Emphasis added)

It doesn’t seem practical (or even necessarily feasible) in many cases to include the CMI information directly on the work.  Granted, watermarks have been used in photography for as long as I can remember, seemingly because photographers didn’t have a good option to prevent others from copying their work and using it for their own purposes.  Thus, the photographer would embed a watermark directly into the image so that it couldn’t be copied.  However, in the digital age, it’s pretty easy to copy an image and, if the watermark is along the edge of the image, crop it out.

Photo management websites, such as Flickr, allow users to specify what copyright license they want to apply to a particular image that they own and upload to the site.  This information isn’t included directly in the image file, but normally along the image on the same webpage.  To read §1202 narrowly, and not hold those parties that want to use an image found on the web accountable to determine whether they have the right to use that image freely, seems counter to the purpose of such a statute.  By reading the statute narrowly, it gives violators an escape hatch to freely take a vast multitude of images from the web, while undermining the expressed wishes of the content owners who have uploaded the images stipulating specific copyright license terms.

The battle over Wikileaks may be the first great battle for the Internet.

If I’ve learned anything in law school – and specifically with regard to answering essay questions on final exams – it’s that before you can do anything, you have to be able to spot the issues.

Last night, in lieu of memorizing case names for my torts exam tomorrow morning (I may pay for that, only time will tell), I decided to read about Wikileaks for three hours.  What it was about, who was behind it, who was against it, and what it means in a larger context.  I’m not sure I’ve got a great handle on it yet, but there are a couple of issues that stick out to me.  I don’t want to go too in depth on any of these right now.  For one, I don’t have the time, and second, I probably don’t know enough about any single issue here where I could express a viewpoint intelligently and responsibly.  So I won’t.  But hopefully this can be a jumping off point for collecting some of the issues and expounding on them later.

Issue #1 – Is it legal?

I think a lot of people (read: media pundits, talking heads, and bothersome political windbags everywhere) want a simple answer to this.  Either yes, or no.  But like pretty much everything in the law, the answer appears to be complex.  So the question “is Wikileaks legal” is misleading because it’s just too broad and doesn’t really refer to anything in particular.  So we need to split it up a bit.

Issue #1.A. – Was the obtaining of classified cables obtained by Wikileaks illegal?

Issue #1.B. – Is the dissemination of classified cables obtained by Wikileaks illegal?

Issue #1.C. – Is the subsequent publication of the cables by media outlets such as The New York Times, CNN, and The Guardian illegal?

As far as I can tell, the answers to the questions above are no, no, and no.  The person who had access to the classified cables and who, apparently, secured them by downloading them onto a basic Flash drive, almost certainly broke the law by sharing the information.  But it appears that Wikileaks obtained the information legally, and from there it appears there is a lot of First Amendment protection for Wikileaks and the associated media partners.

Issue #2 – What’s the deal with Amazon, PayPal and others cutting Wikileaks off from service?

This is perhaps the issue that intrigues me most of all.  There’s this great question that comes up about censorship, and the general idea is that publishing of the cables, if legally obtained, is protected by the First Amendment (the precedent case that most closely aligns with this is the Pentagon Papers, which I will not pretend to have read yet or know enough about to draw any real conclusions). But what if the censorship doesn’t come from the government?  What if the censorship is coming from private companies, such as Amazon, who decide that Wikileaks violated its terms of service and booted Wikileaks off Amazon’s servers?  Cloud computing gets a lot of praise for opening accessibility of information via the web, and everything is fine and good when the Amazon’s of the world are benevolent and just provide the hosting services.  But like it or not, Amazon in this case is still a gatekeeper, and a very powerful one at that.  It’s the equivalent of the printing company telling the newspaper that they what’s in that day’s paper may be illegal, and so they’re not going to print it.

Issue #3 – Can Julian Assange, the public face of Wikileaks, be tried?

Well, apparently, yes.  But not for anything Wikileaks related, at least not right now.  The sexual allegations at first blush appears to be a proxy to punish Assange for his involvement in Wikileaks, but again, I don’t know enough about the allegations to have a credible opinion one way or the other.

Issue #4 – The “Insurance” File

Assange and Wikileaks have, along with the other troves of data, distributed what has been called the “insurance” file.  Supposedly it contains information that would be highly embarrassing to the United States, and is highly encrypted.  The idea is that if anything was to happen to Assange, Wikileaks could distribute the encryption code to unlock the file, thereby making these embarrassing and unredacted files public.  It’s mutually assured deterrence for the digital age.  Again, it’s another example of how the internet has shifted the balance of power.  Twenty years ago, it would have been impossible to send an encrypted file of state secrets to thousands, if not millions, of people around the world as a backup in case the government tried to shut the operation down.

Issue #5 – Is this information we should know about?

This seems to be the ideological battleground.  Should these cables stay secret, and is Wikileaks putting the American people at home, and soldiers overseas, in danger by disseminating this information? Or is this information that allows the American people to hold government accountable?

Issue #6 – What does this mean for traditional media?

Maybe this is just me being cynical, but Wikileaks seems to represent some chasm between new school and old school media.  I’m not sure I can put my finger on it right now, but it’s appears to center around the question of whether or not the New York Times or CNN or some other media outlet would have published these on their own if Wikileaks wasn’t an intermediary, and if a media outlet like the New York Times would have received these directly.  This is hardly an original idea, but at least one answer I’ve read is no, that the New York Times wouldn’t publish something like this, because it would disrupt their existing relationships with the informants in the State department.  Which seems to aptly highlight how when you rely on a gatekeeper for information, you are at the mercy of the gatekeeper.  But when someone or something circumvents the gatekeeper and passes the information down directly to those who are on the other side of the wall, well, then the actual gatekeeper doesn’t seem that important anymore.

These are just a few of my initial thoughts as I started digging into this a little more.  Hopefully I’ll have some time to write more about a specific topic in the next few days or weeks.  We’ll see how that goes.

I’m joking.  Not really.

So law school orientation is officially wrapped up, and tomorrow I’ll start classes as the official OFFICIAL really for sure official start to the next chapter in my life (as if somehow this “next chapter” hasn’t been magnificently protracted, but that’s another post that is neither particularly interesting nor ever going to be written).

I’m now looking straight down into the belly of the beast, and somehow I’m not completely scared out of my wits.  To the ignorant comes bliss – or so they say.  Somehow this all feels doable, which is how I normally feel until I manage to fall off the wagon (which coincidentally tends to fall in line with the purchase of a new video game system – and is the reason why I patently refuse to buy a PS3 no matter how much I want to play the new NCAA ’11 game).

So far as I can tell, law school is about guilt.  Yes, classes have not started yet, but already it has set in.  If I’m not reading something for class or thinking about something for class or organizing something for class, then I’m feeling guilty that I should be doing at least one of – and probably at least six of – those things for class.  And perhaps the most mildly unsettling part of the whole ordeal so far has been just trying to get into some sort of a schedule, which is tough to do in a week that is completely unlike the class schedule I’ll be following for next week.

In the meantime, I’ve been able to meet a lot of fantastic classmates in the last few days we’ve been getting oriented.  And even if a handful of them are from the University of Michigan (you know who you are), it’s nice to know the vast majority of people I’ve meet so far have not been completely egomaniacal.

The bad news so far?  I think I need to buy a planner.  Seemingly a minor issue, but for anyone who knows my penchant for technological gizmos, the old paper planner seems archaic.  Hasn’t Google come up with something wonderfully simple, ad-supported and able to sync cross-platform that can ensure I get all of my assignments done on time and allow me to make money through AdSense?  It’s probably a Labs project in Gmail.

Anyway, I’m not sure how much I’ll be able to update this site or Spartan-Football.com.  But without a doubt, if I am able to scrap some time together, I’ll certainly be changing the focus of the site to be a little more law focused.

Till next time friends.  Be patient with me.

So I just read this article from the New York Times – http://nyti.ms/ancxqC – and there’s this line at the end: “the Library of Congress renewed its approval for cellphone owners to ‘unlock’ their phones or lift controls that restrict use to one particular wireless carrier” (emphasis mine).

Surely Steve Jobs & Co. can’t be happy that in one fell swoop the LOC has given the A-OK to jailbreaking your iPhone. But the second element, seemingly limiting Apple’s ability to offer exclusivity to select carriers, is even more interesting.

Certainly Apple would like to keep it’s negotiating leverage over the carriers – that’s why AT&T continued to provide an unlimited data package when they clearly preferred pay-for-what-you-use options.

Some will argue that more competition is better for the consumer. But were it not for Apple’s leverage, iPhone data would have been capped a long time ago. I think this still holds true even if more carriers were in the equation.

Apple may be a dictatorship, but contrary to a vocal minority, it’s mostly a benevolent dictatorship. When the dictator has leverage, that can result in a net positive for customers. But when the leverage is taken away, the competition may not make up the difference.

Apple – iPhone 4 – Learn about the high-resolution Retina display.

The Retina Display on the iPhone 4 is kind of like the first time you watched HDTV.

“This is all?  Really?”

Then a week later you went back and watched something in standard definition, and it was all fuzzy and hazy and you could even read the score of the game or make out anyone’s face.

That’s what it’s like.

Five years ago, I packed up my belongings, finished what few classes I had remaining at MSU, and moved to Chicago.  At the time, it wasn’t exactly an easy move.  I was starting a graduate program in the city, but I was leaving behind my family, my friends and my girlfriend for a place I hadn’t spent more that about a week and a half total in my previous 22 years.

In hindsight, it ended up being a pretty good call.  While in school, I started to get involved in online advertising.  Eventually I wound up doing agency work in the city, despite flirtations with a few opportunities in Colorado.  I was fortunate to get involved with a lot of interesting work, and I’ve had the opportunity to work with a lot of great clients.

But last year, I got the feeling that there was something more I wanted to do.  I began to think about going to law school.  For those of you know have known me for a while, this isn’t entirely a surprise.  It’s something I had considered at various times throughout my life.  But this was the first time that the puzzle pieces really seemed to fall into place.

I’ve loved doing the internet marketing work.  I’ve been able to learn some of the more technical aspects of how the internet works, and it provided an analytical challenge in going through the data to find answers to the questions we were coming up with.  And, frankly, I’ve found it fun.

Along the way, I started to see that there are a lot of legal ramifications when we’re talking about doing business online.  And considering the rate that technology changes, these legal issues aren’t getting any simpler.  They’re only going to get more complex.  There’s going to be a need for sound advice when it comes to what you can and cannot do on the internet – that’s something I think I can provide.

Hence, law school.  Like I said, it’s something I’ve thought about for a very long time.  And last fall, when I started to think about it more seriously, I came to the realization that there was never going to be a better time for me to do this.  At some point I’m going to meet a girl, get married, have kids, have a house payment, a car payment…it’s tough to see law school fitting into that life.

I'll be starting law school at MSU this fall.

So on August 1^st I’ll be moving back to East Lansing to attend law school at Michigan State University College of Law.  It’s a move that makes sense a lot of different levels.  Obviously it’s a place that I’m very comfortable with.  I won’t have the issue of getting used to a new place in my first semester of law school – getting settled in will take days, not weeks.  Also, MSU has a very strong intellectual property law program that is led by a scholar who is well-versed in online legal issues.  I really felt like the extracurricular options MSU Law would give me a great opportunity to get involved in cyberlaw issues while I am in school.

No doubt, it’s tough to leave Chicago.  I don’t know if I ever would have imagined getting so accustomed to living the urban lifestyle.  I’ve met a lot of great people in my five years.  I’ve had a lot of fantastic experiences.  Still, there are things I’m looking forward to back in Michigan.  Seeing my family on a more frequent basis is on of them.  Places to run that isn’t the lake shore trail is another.  And of course, opening the next chapter of my life – new experiences, new people and new challenges.

I think this time, I’ve tried to make a concerted effort to appreciate what it means to go through the academic process.  Studying for the LSAT, organizing the materials for applications, taking visits – I’ve really tried to enjoy these things.   I this time I have a much clearer picture of what I’m looking for on the other end.  When running the race, it helps to know where the finish line is.

I’ll be finishing my work by mid-July, and I’ll be moving out of Chicago and back to East Lansing at the end of the month.  Then I’m taking a trip to Colorado to decompress for a week before starting orientation the third week of August.  It’ll be here before I know it.

I picked up an iPad on Saturday, and I wanted to give some of my initial reactions after a few days of using the device. Of course, I’m writing this post from the iPad. Take that all you people who say that it’s not a creation device!

- So far, I really haven’t had many situations where not having Flash has been a significant issue. Maybe I’ve been sticking to sites that I know have video converted to HTML5, but seriously – YouTube, Vimeo, NY Times, ESPN are all optimized for iPad. And i really expect this will only get better.
- Typing is both easier and harder than I expected. Easier in that when in landscape mode, you really can pretty much type as though you were using a real keyboard. You don’t have to slow down, the iPad response time is really spot on. But it’s hard because it’s tough to get the iPad in a good position to type. Apple has the stand up case, but I refuse to use a case.
- Yes, iPhone apps work. No, they don’t look all that great. Very pixelated. iPad apps are where it’s at.
- Some people though the iPad would be the savior for traditional media. But it’s clear from the NY Times and WSJ apps – as well as the fact that magazine publishers are charging for apps AND for each individual issue with no annual subscription – that traditional media just doesn’t get it yet. They will, because eventually one company will come out with an app that changes the game, and everyone else will follow suit. But it’s not there yet.
- The eBook readers are very cool. As in, I bought the iPad thinking the iBook and Kindle apps were nice-to-haves, but now I would consider then must-haves. Primarily I’ve been using the Kindle app, simply because there is just a much larger selection of books for the Kindle app. Apple really needs to work on getting more books into their application.
- I still have not downloaded any of the iWork apps. I’d like to get Pages, because I’ve heard of people writing their blog posts on Pages and then copying over to WordPress. I’d like to give Pages a try on my MacBook too, because I’ve heard good things from many people.
- The battery life is very impressive. I’m on day two since charging, and with normal use I still have 32% battery left. Also, it really stays very cool – in contrast, about 10 minutes on my MacBook gets that thing up to fried egg temperatures.
- 250 MB of data really isn’t much. At my usage rate, I’m further ahead to get the unlimited data plan. But I’m glad I have the 3G. I can’t imagine not having always-on connectivity with this thing.
- Eventually, this thing is going to have to get a camera. I mean, why the heck not?
- How is there not a Facebook app for this thing? SERIOUSLY?!
- At first, I thought this could be a primary computer for many people who don’t need a full computer to create stuff. Now I’m not entirely sure of that notion. Not that it can’t be done, but i still need more time to come to a conclusion.