Wednesday, January 9, 2013


It had the ingredients of a potential snoozer—a nearly 500-page tome that featured a battery of plaintiff’s attorneys, an arcane epidemiological study, a lengthy tract on groundwater contamination and an exhaustive, law school-like examination of an appeals court process.  Yet after Jonathan Harr's A Civil Action appeared in 1995, reviewers saluted it as a “page-turner,” “gripping,” “riveting” and “hard to put down.”  One critic even suggested that the book could cause sleeping problems.  Indeed, Harr’s book, which tells the story of a wrongful death lawsuit filed by eight families in Woburn, Mass., is one of the era’s most successful nonfiction books, both critically and commercially.  It won numerous honors, sold more than two million copies, was bought by Robert Redford for $1.25 million and turned into a major Hollywood movie starring John Travolta and Robert Duvall.  Like other celebrated nonfiction books, such as John Hersey’s Hiroshima, Tracy Kidder’s The Soul of a New Machine and Tom Wolfe’s The Right Stuff, A Civil Action is virtually indistinguishable from the best fiction in its pacing, powerful scenes and unforgettable cast of characters.  The book’s protagonist, the maverick, Porsche-driving, personal-injury lawyer Jan Schlichtmann is portrayed as an outsized character imbued with a novel’s full range of qualities—charm, brains and self-destructive impulses.  And the book artfully shifts point of view, as in classic works of fiction, burrowing into the thoughts and emotions of Schlichtmann and his opponents.  Though he is best known for A Civil Action, Harr has written for such magazines as The New Yorker and The New York Times Magazine.  He also wrote a second best-seller, The Lost Painting, which tracks the investigation of a lost Caravaggio that turns up unexpectedly in a Dublin monastery.  http://chronicle.uchicago.edu/080717/harr.shtml 

Moorehead Circle was a triple woodhenge constructed about two millennia ago at the Fort Ancient Earthworks in Ohio.  The outer circle, discovered in 2005 by Jarrod Burks, is about 60 meters in diameter.   Robert Riordan, Professor of Archaeology at Wright State University and lead archaeologist investigating the site, estimates that about two hundred wooden posts were set in the outer circle.  Following the 2009 Field Season though, this estimate will likely be reevaluated given a huge number of tightly spaced post-molds found on the geographic south of the feature.  Thirty post-molds in all, were found in an eight meter long area excavated on the border of the circle.  "A radiocarbon date on charcoal from a remnant trace of a post suggests it was built between 40 BC and AD 130.  Burned timber fragments from the pit were dated AD 250 to AD 420."  Both dates fall into the time period of the Hopewell culture, preceding the Fort Ancient culture occupation that predominates the site.  The use or uses of the circles has not been determined, although it is likely ceremonial.  Dr. Riordan named the circle in honor of Warren K. Moorehead, first curator of archaeology for the Ohio Historical Society and a leading North American archaeologist around the turn of the twentieth century, who was largely responsible for preservation of the Fort Ancient site.  Remnants of a small number of other woodhenges have been found in the central part of the United States, including at Cahokia in Illinois and the Stubbs Earthwork near Fort Ancient.  http://en.wikipedia.org/wiki/Moorehead_Circle   

"There's this beautiful poem that says the year in Denmark has sixteen months:  January, February, March, April, May, June, July August, September, October, November, November, November, November, November and December."  The New Yorker, Jan. 7, 2013, p. 28
  
Nordic noir, a type of "Scandie lit", refers to the literature genre of Scandinavian crime fiction.  Language, heroes and settings are three commonalities in Nordic crime fiction, which features plain, direct writing style without metaphor.  The novels are often of the police procedural subgenre, focusing on the monotonous, day-to-day work of police, though not always involving the simultaneous investigation of several crimes.  Examples include The Girl with the Dragon Tattoo by Stieg Larsson, and Kurt Wallander's detective series on Masterpiece Mystery!.   http://en.wikipedia.org/wiki/Nordic_noir   

Artist Francis Alÿs (b. 1959) created the video “Duett” while he was Belgium’s representative at the 1999 Venice Biennale:  Alÿs and a friend enter Venice by different routes, each carrying separate halves of a tuba.  It took them more than two days of wandering around the city before they happened to meet each other.  At which point, they assembled the tuba and played a single note.   http://www.outset.org.uk/files/2813/1833/6518/Press_Alys_FT.pdf  See the 6:48 film at:  http://www.francisalys.com/   

Owners of e-books are licensees. Unlike the owners of a physical tome, they won't have the unlimited right to lend an e-book, give it away, resell it or leave it to their heirs.  If it's bought for their iPad, they won't be able to read it on their Kindle.  And if Amazon or the other sellers don't like what they've done with it, they can take it back, without warning.  All these restrictions "raise obvious questions about what 'ownership' is," observes Dan Gillmor, an expert on digital media at Arizona State University.  "The companies that license stuff digitally have made it clear that you own nothing."  The rules are based, in turn, on the 1998 Digital Millennium Copyright Act, with which Congress hoped to balance the rights of copyright holders and content users.  In the non-digital world, copyright ends with the first sale of each copyrighted object.  Under the "first sale" doctrine, once you buy a book, that physical book is yours to lend, give away, or resell. Copyright is safeguarded by the limitations of physical transfer — once the book is given or loaned, the original buyer no longer has access to it.  If a library owns five copies of a book, only five borrowers can read it at the same time.  Theoretically a book can be photocopied, but only at great effort and with a perceptible loss of quality.  In digital-dom, however, technology allows infinite copies to be made, with no loss of quality.  Absent the usual restrictions, one could give away an e-book and still have it to read.  Unrestricted transferability becomes a genuine threat to the livelihood of authors, artists, filmmakers, musicians.  In 2009, having learned that it inadvertently had sold unauthorized e-book versions of George Orwell's "1984" and "Animal Farm" through its website, the company simply deleted those e-books from buyers' Kindles stealthily, without warning.  An uproar followed, not least because Amazon's Orwellian behavior involved those Orwellian masterpieces.  Amazon settled a subsequent lawsuit by promising never to steal a book back from a Kindle without the device owner's permission.  But earlier this year, the company was revealed to have unilaterally shut down the access of Linn Jordet Nygaard, a Norwegian Kindle owner, to her library of 43 e-books, for reasons it refused to divulge.  Another uproar, and Amazon backed down again, restoring Nygaard's account — again without explanation.  Moreover, notwithstanding the public impression that digital is forever, nothing is permanent in the digital world.  In fact, digital content can be less permanent than physical books.  In libraries you can find volumes that date back hundreds of years and can still be read (if carefully); but there are digital files that date back only a decade yet are completely unintelligible today.  Michael Hiltzik 

Jan. 4, 2013  Last year, an Arizona State University law professor wrote a law review article that delved into a harassment dispute between an aggrieved vegetarian and his boss at a financial firm.  Now, the professor has become part of the story himself, facing allegations that his article crossed the line between scholarship and defamation.  Zachary Kramer, the author of the article and an associate dean at the school, was sued last week by Robert Catalanello, a managing director at Credit Agricole, who was in the news three years ago when he was accused of harassing a former employee for being a vegetarian.  Last week, Mr. Catalanello sued Mr. Kramer in New Jersey federal district court demanding $500,000 in damages.  Jacob Gershman  http://blogs.wsj.com/law/2013/01/04/law-review-article-moves-to-center-of-defamation-suit/?mod=djemlawblog_h

Jan. 7, 2013  Last week,  Thomson Reuters had acquired PLC, and then Lexis announced they had acquired Knowledge Mosaic,  Thomson Reuters rounded out the tri-fecta with their acquisition of the Continuing Professional Education (CPE/CLE) product of LearnLive Technologies.  Although Thomson Reuters already has a similar program with West LegalEdcenter, it seems that LearnLive has been taking some of West LegalEdcenter's marketshare away, thus Thomson Reuters reached for its checkbook and decided that if you can't beat 'em… buy 'em.  As with both PLC and Knowledge Mosaic, LearnLive has quite a reputation for customer service and personal attention given to its customers. Just as with PLC and Knowledge Mosaic, there is a mild enthusiasm on behalf of the company being acquired that they will benefit from all the additional resources of the Mega-Company, while customers are once again left groaning that they will see pricing increases and service decreases.  Time will tell to see if the acquired company's optimism prevails over the pessimistic customers.  I had a conversation with a librarian last week about all the acquisitions, and during the conversation, he openly wondered if Thomson Reuters' moves in purchasing some duplicative products could be to position the Thomson Reuters Legal (aka Westlaw) product to be spun off from the big TR franchise.  That is an interesting thought.  http://www.geeklawblog.com/2013/01/the-shrinkage-tri-fecta-thomson-reuters.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+geeklawblog+%283+Geeks+and+a+Law+Blog%29  Thanks, Julie  

No comments: