Success Through Coaching by Phone

Ed Poll, who coaches lawyers by phone and is a management consultant to law firms, has an interesting article at the ABA’s Law Practice TODAY titled, Those Who Can, Coach: The Power of Coaching Can Transform Your Life, in which he writes, inter alia:

Some might feel that seeking the help of a coach is an admission of personal inadequacy. The more logical conclusion is that you should engage a coach from the moment you decide you want to be successful. A coach can help you achieve that success more quickly than you would on your own. In sports, that is proven so many times on a daily basis that it is axiomatic. “

Read more here.

We haven’t even talked to Ed but already feel motivated to improve just through a reading of that article. We have no doubt that coaching works. Almost all world champion athletes have coaches. So why not world champion professionals in the legal field? It makes sense.

Link to Law Practice Today originally via Vertretbar (hat tip).
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The Blogosphere Comments on the Google Cache Case Nevada Court Ruling

Google Cache Copyright Infringement Case Summarized at Out-Law.com

A good summary of the Nevada District Court ruling in the
Google Cache Copyright Infringement Case
(see our previous LawPundit posting)
is found at Out-Law.com, a website of the international law firm, Pinsent Masons. No registration is required to view this article.

The article also comments on the status of search engines in the UK and links to the UK’s E-commerce Regulations (free registration is required to view this Out-Law.com guide).
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Germany Leads in .eu Domain Registrations

A January 27, 2006 EUobserver.com article by Teresa Küchler reports that over 165,000 applications have been made for .eu domains thus far in the Sunrise Period, with German applications accounting for 34.7 percent of the total, followed by the Netherlands with 15.6 percent and France with 13.4 percent.

The article points out that companies should act quickly to register their trademarks and names.
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Copyright Infringement and Blake A. Field vs. Google Inc.

The important case, Blake A. Field vs. Google Inc., was recently decided by summary judgment in favor of Google regarding the issue of whether caching of website pages was copyright infringement. The reasoning and interpretation of judicial precedent in the case have wide-reaching applicability and portend the handling of legal issues in suits against Google for its Google Print library digitization project (renamed as Google Book Search), although of course the cases differ factually. We find that the court’s reasoning in Field v. Google follows the same lines of logic that we have previously posted to LawPundit, especially regarding the issue of “transformative use” and the precedent in Kelly v. Arriba.

See our postings at:

Google Book Search replaces Google Print Nov. 24, 2005

Transformative Use Justifies GooglePrint Scans of Entire Books as Fair Use Sept. 28, 2005

and chronologically, for more issues:

European Union (EU) Digital Libraries Initiative – i2010: DIGITAL LIBRARIES Oct. 8, 2005

A European Perspective on Author’s Guild v. Google Print Oct. 5, 2005

Yahoo Starts Open Content Alliance – A Library and Archive Digitization Project Oct. 4, 2005

Twenty Key Questions for Author’s Guild v. Google Oct. 3, 2005

Google and University of Michigan Library Agreement as a .pdf Oct. 3, 2005

Google Print or Library – Who is the “Copier” according to Law? Oct. 1, 2005

A Misunderstanding with Scrivener’s Error Sept. 29, 2005

Bloggers re Author’s Guild v. Google Print Sept. 29, 2005

Author’s Guild v. Google Print (GooglePrint) Sept. 29, 2005

Transformative Use Justifies GooglePrint Scans of Entire Books as Fair Use Sept. 28, 2005

Author’s Guild Sues Google for Copyright Infringement – The Author’s Guild does NOT represent THIS Author Sept. 26, 2005
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What is the Universe? Kas ir Visums?

The Latvian website E-Misterija in a translation by RV entitled Kas ir Visums? presents a small theory that I first published online at my personal website as What is the Universe? It has gotten quite a bit of reaction in Latvia, so you might be interested in the English version.

After all, as Dionne Warwick and Cher have sung, “What’s it all about, Alfie?” (words by Hal David and music by Burt Bacharach)
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The French Judicial System and Terrorism

ZenPundit has a short but interesting piece on the French judicial system at Counterterrorism, French-Style.

The question is whether the theory quoted there from Foreign Policy actually mirrors the realities in France today. We do not know.
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Copyrights Copyscape Copysentry

Copyscape has an interesting online copyright service.

Free searches can be made for duplicates of web pages, subject to the limitations found here. Google Web APIs are used for this service by the company, Indigo Stream Technologies, which is not affiliated with Google as such, but does also provide the paid Google Alert clipping service.

They also provide a paid service called Copysentry which monitors the web for copies of pages and sends an immediate alert if copies of materials are found online.
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Free the System – Privacy Mantra – Small but Beautiful

Is simple better?

The Privacy Mantra user’s manual states:

Privacy Mantra will erase and wash away most privacy threats in your machine including, Internet history, cache, cookies, index.dat files, auto-complete forms, search assistant, recent documents, open/save dialogs, run files, Mozilla Firefox, Google Toolbar and more. Privacy Mantra allows the user to easily download the latest database of threats. This reliable cleaner will not only protect your privacy but also free disk space by deleting junk files.
Privacy Mantra is Windows NT/2000/XP/2003 compatible
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We use this small, simple tool and it seems to speed up our system.

Privacy Mantra
Download (only 0.48KB)

We access it hourly on the task bar and just hit “Clean” (it takes just seconds).
It often seems to “free” the system.

If this tip is useful to you and saves you time and/or money, consider buying our book on the megaliths (right column) and expand your intellectual horizons. And don’t forget to send some money to the Privacy Mantra programmer if you use the program. Privacy Mantra is not related to us in any way but we use it.
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Where is Germany’s Money?

Whenever an economy is doing as poorly as the German economy has been doing, one must ask “Where has the Money Gone?”

We can find part of the answer in the U.S. Department of State 2005 Investment Climate Statement – Germany, where it is written:

The 2003 total accumulated stock of German direct investment in the United States amounted to USD 177.6 billion (EUR 157 billion), while the stock of U.S. direct investment in Germany amounted to USD 83.1 billion (EUR 74 billion).

Accordingly, we can see that the money is overseas, or as one can see from the above, in part in the USA. The German problem is not that they have no money, but that they have invested great sums outside of their own country, not just in America but also in China.

Corporations are profiting, but this wealth is not finding its way back to Deutschland. And where there is no money (i.e. no capital), there are no jobs. That is the essence of the German problem.

National Legal Sites in the EU – Latvia

PULS.LV – Professional statistical system of Latvia has superb, very professionally done pages, which give one a feeling for the sophistication which is being achieved in the internet arena in one of the new EU Member States. Take a look. Especially the opening page is easily understandable (many color graphs) even if you do not speak Latvian.

Clicking on any one of the links at the top of the page takes one to websites ranked by traffic, for example, to likumi (laws), where the top listed site is http://www.likumi.lv/, which has links to Latvian laws, including those relating to the European Union at Latvijas Vēstnesis (Latvian Herald, Ltd), the official journal of Latvia. Latvijas Vēstnesis is a “private company owned by the government (represented by the Ministry of Justice)” and is financed by income from revenues raised by the journal (a most interesting means of public finance, showing what can be done if governments have to be creative to raise needed monies).

As stated at the European Forum of Official Gazettes:

The publication of legal acts in Latvia is regulated by the Law on Enforcement of Legal Acts. The Latvijas Vestnesis [“Latvian Herald, Ltd”] is the Official Journal of Latvia.

The Publishing House of the Official Journal is a private limited company, 100% owned by the State. The Publishing House is subordinated to the Ministry of Justice. The publication of the journal is published from the sales revenue.”
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Law Sites of the European Union (EU) Member States

National legal web sites of Member States of the European Union can be accessed at the EUR-Lex directory of national legal sites

which is indexed by

Category of information

National legal web sites by country

Official Gazettes.
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Cybersquatting of .eu Domains – Apply US principles?

EURid, the European Registry of Internet Domain Names for the .eu domain, now has a WhoIs page (available in all 20 EU languages) at EURid- Domain Status, where domain names can be entered in the searchbox to see if they are available for registration or to find out who has registered a particular domain name.

Here we already see room for improvement at EURid since instead of stating “Please enter a domain name” they have the message “You did not enter a domain name” which is rather a foolish greeting for someone just landing at that page.

If, for example, one enters the term “whois” or “Europa” in the search box, then one is informed that the domain is registered and after entry of the validation text one can click the button “details” to get registration information.

If, for example, one enters the term “hotel” and the validation text one can then click either the “sunrise” or “variants” button. If one clicks “sunrise” then one can view all of the applications filed for the domain hotel.eu (currently 123 applications). One is informed that the status of this domain name is “APPLICATION PENDING”.

If one clicks “variants” one gets a list of domain names containing the word “hotel” for which applications have been filed, for example, “airporthotel”.

EURid lists only the first 25 variants, so that for the entry “hotel” this currently runs from “51hotels” to “alofthotels” and the rest of the alphabet is missing. This is definitely in need of correction.

If one enters names such as Germany, Deutschland, or Hamburg, one gets a message that the domain name is “RESERVED”, but if one enters London there are 5 applications pending for london.eu, and, similarly, 3 applications pending for paris.eu.

How this could happen is a mystery to us since it would seem that the city names of London and Paris would be reserved to the cities.

If one enters well-known trademarks such as Sony or Cocacola one sees several applications.

If our checks are any indicator, many institutions that should be filing for .eu domain names are not doing so in a timely fashion. If this leads to legal trouble down the road, then institutions are themselves at fault, relying on their already established .com or similar domains, rather than filing for a comparable .eu domain.

Other sample searches:

europeancommission.eu is “reserved” but
eucommission.eu is listed as “available”

235 applications have been made for the domain sex.eu

97 applications have been made for the domain travel.eu

54 applications have been made for the domain news.eu

44 applications have been made for the domain sport.eu

28 applications have been made for the domain sports.eu

11 applications have been made for the domain microsoft.eu

11 applications have been made for the domain omega.eu

9 applications have been made for the domain yahoo.eu

7 applications have been made for the domain google.eu

6 applications have been made for the domain time.eu but Time Warner Limited seems to be on the ball and has registered properly and first for this name.

3 applications have been made for the domain cnn.eu

Based on the time stamps of the applications, which in some cases differ only by seconds, the registration process may have given an advantage to faster servers (?) or those located closer to Belgium (?), so we already see some pre-programmed lawsuits in the making over EURid’s granting of domain names through the first-come first-served process as regards the earliest applications, all of which of course were intended to be made electronically at the starting gun of the .eu domain registration process, i.e. just as fast as any possible competitor.

Some institutions seem to have made multiple applications to try to ward off this problem and some names seem to have been grabbed in grand style by cybersquatters.

This problem has already been raised in the media, as reported by The Herald in Scotland (Big names grab their domains to thwart the internet squatters), a Dec. 9, 2005 article by James Morgan and Sharon Flaherty (p. 7) where they write:

Already, Glasgow.eu and Edinburgh.eu have been reserved by a Dutch company, Traffic Web Holding BV, which has filed applications for scores of European cities, including London, Rome and Paris. The Netherlands firm has registered trademarks under the names “Gla&sgow” and “Edin&burgh”, apparently trying to exploit what it sees as a loophole in the “prior right” rule.”

Indeed, Traffic Web Holding B.V. has apparently filed for at least 805 domains, listed here, a list which includes other firms which have also filed for numerous domains. Of course, these firms are just using entrepreneurial energy to try to take advantage of what may be a loophole in the EURid guidelines. What are their chances of success?

Although there is no clear information available at the moment as to the exact legal basis for their applications, it appears that some of these firms may have filed trademarks for names in the form such as “domain.eu” and are basing their applications on such alleged trademarks. We do not think that they have much chance of being recognized as trademarks for registration purposes if EURid applies the same basic principles outlined in U.S. Patent and Trademark Office (USPTO) Examination Guide NO. 2-99 of September 29, 1999, covering “MARKS COMPOSED, IN WHOLE OR IN PART, OF DOMAIN NAMES”, an examination which of course is not binding for .eu domains, but which nevertheless points to the legal principles involved and which the EU will surely apply in a similar manner.

As stated there:

When a trademark, service mark, collective mark or certification mark is composed, in whole or in part, of a domain name, neither the beginning of the URL (http://www.) nor the TLD [our note, i.e. the .eu part] have any source indicating significance. Instead, those designations are merely devices that every Internet site provider must use as part of its address.”

Hence, in the USA:

If the domain name is “XYZ.COM,” the term “XYZ” is a second-level domain and the term “COM” is a TLD.”

The same applies to the .eu domain in the European Union. It is a TLD. Based on the principles outlined by the USPTO, it will surely not be permitted to claim a domain in the form “domain.eu” as a mark for domain registry purposes and thus these cybersquatting attempts will surely fail.

A report on domain developments is also found at Anchovy – domain name news from Lovells.

All of these problems with .eu domain registrations were foreseeable and it is hard to understand that the EU has not acted in advance to correct the problem. A simple statement that marks in the form “domain.eu” are unacceptable for registry purposes would solve the problem. Since the .eu domain has just started, obviously no marks of the nature “domain.eu” have yet been established in the market, and they are pure fictions.
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America is the Indispensable Nation

Robert Kagan has an incisive January 15, 2006 article at the Washington Post which everyone, especially in Europe, should read. In Still the Colossus

Kagan writes:

The striking thing about the present international situation is the degree to which America remains what Bill Clinton once called ‘the indispensable nation.’ Despite global opinion polls registering broad hostility to George W. Bush’s United States, the behavior of governments and political leaders suggests America’s position in the world is not all that different from what it was before Sept. 11 and the Iraq war.

The much-anticipated global effort to balance against American hegemony — which the realists have been anticipating for more than 15 years now — has simply not occurred. On the contrary, in Europe the idea has all but vanished. European Union defense budgets continue their steady decline, and even the project of creating a common foreign and defense policy has slowed if not stalled. Both trends are primarily the result of internal European politics. But if they really feared American power, Europeans would be taking more urgent steps to strengthen the European Union’s hand to check it
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European Legal Forum on European Law

For materials on specific topics in European Law take a look at the European Legal Forum.
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