Viacom in frenetic spin-control mode as public outcry over privacy rights reaches fevered pitch

Unless you've been shielding yourself from any source of Internet news, it was hard to miss the coverage of the Viacom v. YouTube discovery order that resulted in the disclosure of YouTube's database of video views, complete with the IP address of the accessing machine, the login ID of the use, and the time the video was viewed.  The Complex Litigator won't repeat the discovery order details, which were covered a few days ago.

The latest development is a result of the public outcry over this Order. Viacom is now in full PR mode.  “Viacom has not requested any personally identifiable information from YouTube as part of the litigation,” the company asserted on a YouTube Ligitation website. “The personally identifiable information that YouTube collects from its users will be stripped from the data before it is transferred to Viacom. Viacom will use the data exclusively for the purpose of proving our case against You Tube and Google.”

However, as also noted on Digital Daily, Viacom's assertion is inconsistent with the Order it sought and obtained:

Defendants’ “Logging” database, that contains, for each instance a video is watched, the unique “login ID” of the user who watched it, the time when the user started to watch the video, the internet protocol address other devices connected to the internet use to identify the user’s computer (“IP address”), and the identifier for the video.

(The Complex Litigator.)  Many IP addresses change over time, but in most broadband connections, they change slowly.  Coupled with login ID's, Viacom could make highly reliable associations between viewer location and viewer identity.

All the public can do now is hope that unified pressure will push Viacom to agree to accept a "scrubbed" set of data that does not allow detection of viewer identity.

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COMPLEX TECH: Windows Live Writer is an impressive blogging tool worth testing

While listening to one of the many podcasts I subscribe too, I hear a recommendation for the Microsoft blogging tool, Windows Live Writer.  The recommendation was from Paul Thurrott, of SuperSite for Windows fame, so I took the suggestion seriously and downloaded the tool.  The one word review: amazing.

What's the relevance to complex litigation practice?  Technology-assisted efficiency.  If you are reading this site, you know that technology is one dividing line between success and failure in modern law firms.  Within the huge topic of technology are the many sub-parts:  practice management tools, document management tools, billing programs, contact management programs, and so forth.

Marketing by law firms is now stepping across that digital divide, creating another segment of "haves" and "have nots."  The "haves" understand that an Internet presence is critical.  A subset of those understand that a web site, alone, is insufficient, because relevant, frequently refreshed content is king in the eyes of Google (and what Google decrees, the rest of the search Internet follows).  Hence, blogs.  Blogs are one publishing platform and paradigm that encourages frequent, topical content publication.

Having decided to blog, attorneys can still benefit from efficiency tools.  That's where Windows Live Writer joins the mix.  Windows Live Writer is a local application that is dedicated to content creation for blogs.  When you first install Windows Live Writer, and assuming you have an existing blog, it asks for the url of the blog and your logon information.  The software quickly analyzes the blog, the service it resides on, and its settings.  It then downloads all of the customized settings into Windows Live Writer.  In my case, it correctly detected my blogging service (TypePad), my customized styles settings, and my customized categories.  Once the analysis is complete, you can then compose posts, complete with the blog's customized settings in place, save drafts of a post, and upload the post when finished (or save drafts to finish later).

Windows Live Writer works with Microsoft Spaces, Sharepoint, Blogger, TypePad, LiveJournal, Movable Type, WordPress, Community Server, dasBlog and Radio Userland, among others.  The beauty of this niche application is that it does what it sets out to do incredibly well, without getting in the way of itself.  The User Interface is clean and intuitive.  You can even add more than one blog to the program - a boon if, for example, you manage multiple blogs.

For those users suffering misery with the TypePad editor update, this may be a truly welcome relief.

Download Windows Live Writer at the Windows Live site.

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COMPLEX TECH: Scribd's iPaper competes directly with Adobe's Acrobat.com

In a recent post about e-Discovery issues and text messages, I used the Acrobat.com embedded flash widget to allow visitors to read an Opinion by a District Court without the need to fire up Acrobat or download a file.  Acrobat.com now has a competitor of sorts in the field of flash-embedded documents, compliments of Scribd.  Scribd is "a Silicon Valley startup creating technology that makes it easy to share documents online."  In February of this year, Scribd launched iPaper, a flash-based tool for presenting documents on the web.  Scribd offers the iPaper format through its the Scribd service, which, among other things, lets users:

  • Upload documents in many different formats, including Adobe PDF, Microsoft Word, Adobe PDF, plain text, HTML, PowerPoint, Excel, OpenOffice, JPEG, and more
  • Embed your documents in a blog, Facebook profile, or other external website with your fonts, images, and formatting fully intact
  • Host a document at Scribd with its own unique URL
  • Use unlimited storage
  • Obtain fast indexing by Google and other major search engines will ensure that content is easily found by just about everyone
  • Keep certain documents private or share with a limited number of authorized persons
  • Automatically convert published content into PDF, Word, and plain text

Scribd is attempting to build a community around document sharing and searching.  Whether that will be successful remains to be seen.  And Acrobat.com offers a number of collaboration and authoring tools not yet found on the Scribd service.  Thus, in all fairness to both companies, Scribd is not precisely a competitor to Acrobat.com.  The direct point of comparison lies in the ability to use flash to embed document images into web pages and upload and store documents for sharing in other ways.  In the meantime, take a look at an e-Discovery Order in the iPaper format:

Read this document on Scribd: 2008 03-20 Order Flagg-v-Detroit-protocol2

Again, if you don't have flash installed, or are viewing this post through a feed, a pda, or another method that does not utilize flash technology, you will not see the embedded object.  For those viewers, here is the direct link to the Order on Scribd's service.

UPDATE:  After checking the appearance of the Order on the blog, I noticed that ads were inserted into the document.  When I created an account on Scribd, I configured the account so that ads would not be inserted into any documents.  While it might be a simple mistake, I would not like to think that my choice for ads was overwritten by Scribd.  I'd be interested in hearing if anyone else using Scribd has noticed this issue.

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COMPLEX TECH: Adobe's Acrobat 9 looks like it will be a desirable upgrade (or first install) for law firms

Box_acrobat_9_pro_112x112 I was fortunate enough to receive a preview demonstration of new features in Acrobat 9 that will likely appeal to the legal market (my thanks to Adobe, which was unexpectedly approachable and responsive).  The preview was hosted by none other than Rick Borstein, a Business Development Manager at Adobe and the author of the Acrobat for attorneys tip blog Acrobat for Legal Professionals.  Acrobat defines software that has reached high level of maturity, and the first look was impressive.  If Acrobat 8 was enticing to law firms, Acrobat 9 adds to the attraction.

In the coming weeks, I will be post a review in multiple parts.  There is so much going on in Acrobat 9, that a thorough review would probably include too much information to comfortably digest at one sitting.  But I will mention a smaller new feature that will prove to be very useful for practitioners in the federal courts in California.  Acrobat 9 now includes a tool for splitting a large pdf into segments, using a variety of parameters.  This tool will assist with e-filing, when the document in question is too large to upload as one document.  The pdf splitting tool can split a pdf into segments of specific page lengh or file size.  The subsequent files can include the base file name and an addition piece of text, such as "Part_1".  It's an example of a simple, new tool that meets a very important need in the litigation field.

You'll have to stay tuned for my thoughts on the "big" tools and changes in Acrobat 9.

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OFF TOPIC: About this blog's appearance

I've noticed a steady increase in the number of subscribers to this blog's feed.  After thinking about that a bit, I concluded that a few words about this blog's formatting are in order.

Block Quotes:  I have chosen to adopt the stylistic design element of a large, light gray, offset quote mark at the beginning of block quotes (yes, it is technically unnecessary, but I like it).  There are at least two basic mechanisms for implementing this design choice.  One involves a background image applied to the paragraph.  I do not use that option.  The other method, which I use, involves enclosing actual text in a span element and applying formatting to it.  It is simple to insert the span code in my post text.  However, it is likely that feeds and other non-browser readers will simply display a single quote mark at the beginning of the block quote.  If you are reading these posts off the feed or in a reader that doesn't do much in the way of html formatting, now you know.

The Acrobat.com widget:  I am testing a flash-based tool from adobe that allows pdf files to be embedded in a post and enlarged.  If you don't have flash installed, it won't work.  I haven't looked at it in a feed, but I assume it won't display there either.

Page weight:  With the Acrobat.com widget in particular, and the frequent use of images to enhance post appearance, the blog generates fairly weighty pages.  Basically, you need a broadband connection to comfortably read this blog online.  I am assuming that the viewing demographic has access to broadband.  If you don't, I apologize.

Browsers:  I've examined the blog in Firefox and IE7.  I had to work quite a bit sort out the code for the background pattern so that it aligned correctly in both of those browsers.  Beyond that, I don't have a lot of control if things aren't working right in other browser variants.  Unless I want to take over all of the code myself, this blog is only semi-customizable.  It's fair to say that with IE7 and Firefox rendering correctly, I've covered the largest browser target that I can, given the restriction on styling the code base behind the blog.

If you have any questions, feel free to post a comment or e-mail me, and I will answer if I am able (or tell you that I don't know).

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COMPLEX TECH: iPhone 3G, announced today, will include "enterprise" features

Enterprise_iphone_small_2 At the Worldwide Developers Conference (WWDC) in San Francisco, Apple announced the second generation of the iPhone, or, iPhone 3G.  The slight cosmetic updates are exciting to gadget fans, but a few changes are significant for business customers.  First, the new iPhone has built-in support for Microsoft Exchange ActiveSync so that users will now have access to "push" email.  In other words, iPhones can now be configured, apparently out of the box, to receive push e-mail in a Microsoft Exchange environment.  As part of that support, IT administrators can securely manage any iPhone that contains confidential company information using remote wipe and enforced security and password policies. These device configuration and remote management capabilities allow IT departments to quickly and seamlessly deploy iPhone throughout their companies.  Second, iPhone 2.0 software supports Cisco IPSec VPN to ensure the highest level of IP-based encryption for transmission of sensitive company information.  Third, with the iPhone now supporting 3G data transmission, the desktop-style browser will provide an incredible tool for information retrieval in the field.  Finally, the sweetness factor is very high.

You can covet the phone (and learn more about it) at Apple's iPhone website.  But you'll have to wait until at least July 11th to get your hands on one.

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COMPLEX TECH: Pure genius - Adobe leverages acrobat's ubiquity on the web

Adobe has just made a bold move to leverage the dominance of PDF onto the web via a new website, Acrobat.com, which offers a suite of hosted services available for free as a public beta.  Adobe's widely-installed flash technology is the driving engine.  One feature worth noting in the legal blogosphere: the ability to embed pdf documents in Web pages and blog posts.

Throughout the month I will be including a series of posts on Adobe's latest tools, including the recently announced Acrobat 9.

[Via Robert Ambrogi's LawSites]

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OFF TOPIC: Dear Time Warner, back off my bandwidth

Time Warner Cable is going forward with plans to test monthly download metering.  Time Warner will be the first major ISP to cap monthly downloads and offer price tiers for varying limits.  (Holahan, Time Warner's Net Metering Precedent (June 4, 2008) www.businessweek.com.)  Time Warner claims that download caps are necessary to prevent heavy users from overloading their infrastructure.  I respectfully call horse hockey.  The top tier offered in the Time Warner trial will only permit 40GB of downloads in a month for $54.90.  40GB of downloads would allow about 7-8 high definition movie downloads.  It looks like big cable is afraid of a future where people buy their movies and download them over high bandwidth internet connections.  So much for all that revenue from cable movies on demand.  This is anti-competitive behavior by an industry unwilling to invest in sufficient infrastructure to support what it has sold to consumers (allegedly).

I'm a Time Warner cable customer at home (consumed in the Adelphia implosion).  I wrote Time Warner when I first heard about the cap trial.  I promised in my correspondence that I would move to a dish solution for cable and get my internet elsewhere if they roll out a pathetically low bandwidth cap in Southern California.  Are you listening Time Warner?

And how is it that the United States has some of the lowest broadband speeds of any industrialized nation?  Don't get me started...

UPDATE:  On a related note, the City of Los Angeles, via the City Attorney, announced today that it intends to sue Time Warner Cable for "sucking."  (Chris Walter, Los Angeles To Sue Time Warner Cable For Sucking (June 5, 2008) consumerist.com, as cited by Consumer Law & Policy Blog.)

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COMPLEX TECH: The Complex Litigator is giving Twitter a test-drive

TwitterThe Complex Litigator is giving Twitter a test-drive.  I have been examining the craze that is Twitter for many months.  Apparently, the world is divided into two camps: the Twitter-crazed and "What-the-heck-is-Twit-What-Huh?"  Both the Obama and Clinton campaigns used Twitter to interact with supporters.  In short, and in keeping with the concept of Twitter, Twitter is a tool for posting 140 character or less messages that anyone following your posts can read.  Now for the longer version...

What Twitter does is relatively simple to explain.  How you use Twitter is much harder to define, because of its flexibility:

Giving you a finite definition of Twitter is tricky. It’s use varies greatly, and depends a lot on the individual user. Technically, Twitter is considered a micro-blogging tool. It’s just like regular blogging, but with one significant rule change. After logging in, you are faced with the question “What are you doing?”, and just like a blog you can share exactly what you’re doing, feeling, thinking, reading - but all in less than 140 characters of entry space.

In terms of the options available for legal web marketing, Twitter - or micro-blogging tools generally - is the shortest method of discourse we’ve seen to date. If e-books & web-distribution of publications are at the longer discourse level, and regular blogs are sitting somewhere in the middle, then Twitter obviously at the far end (short-end?) of our continuum.

So what can you do in such a short space? Actually, quite a bit. Think: chat & discussion, link exchanges, debate, endorsement, or public critique. It’s a big dinner table conversation with peers that you get to choose. The format is also mobile friendly, which in my view, has had a substantial impact on the site’s growth.

(Steve Matthews, Lawyer Marketing with Twitter (May 5, 2008) www.stemlegal.com/strategyblog.)  Because you can include links in a "Tweet" (Twitter post), and because tinyurl.com lets you make short links out of giant links (like permalinks on blogs), you can include quite a bit of information in a Twitter post.

So what with The Complex Litigator do with Twitter?  For now, I will post links to new blog entries and, if anyone decides to follow me on Twitter (hsleviant), I may use Twitter to collect information.  You can actually subscribe to a Twitter "feed" with any RSS reader.

Of interest to lawyers is the fact that Twitter provides a new platform for (1) marketing, (2) collaborative communication with other lawyers, and (3) interaction with clients.  Lawyers using Twitter (effectively - what that means is still being discovered) have reported an increase in website traffic and resulting business.  Twitter is on the bleeding edge of technology-meets-marketing, and pioneering lawyers may stake prime territory in this new frontier.  Or they may end up dead next to a watering hole filled with poisonous toxins.  One or the other.

The over-arching question is whether Twitter can support its own success.  The infrastructure for handling the message traffic through Twitter is probably just short of crazy.  It has suffered a number of outages in recent months, probably due to traffic.  However, the success of Twitter is generating investment revenue for Twitter; the infusion of cash may help Twitter scale up to handle the load.  Of course, as Leo Laporte (tech industry pundit) recently noted, if Paris Hilton ever gets interested in Twitter, it will implode in a day, killing everyone in Silicon Valley (because hundreds of thousands of teens with text-capable phones will "follow" her and then realize they can chat on Twitter).

You can find me on Twitter as "hsleviant" (thecomplexlitigator was too long - Twitter is all about short).

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COMPLEX TECH: LegalTech trade show is coming to Los Angeles

Legaltech According to the executive director of LegalTech, LegalTech is "the MOST IMPORTANT technology event for the legal professional. . . ."  I suppose I'll take his word for it, since I can't think of a similar event that clearly tops LegalTech.  Slight ribbing aside, I have attended LegalTech in past years and find it to be the best way to effectively compare competing solutions for law technology issues.  Every website tells you that their software has the latest and greatest features, best usability, and so on.  That's all marketing jibberish.  You need to examine a software package and decide for yourself if it looks intuitive and appears to solve (at a price you can afford) issues your firm faces in a way that is better than the solution you may already have in place.

The Complex Litigator will be attending LegalTech this year.  I'll be looking for interesting developments in technology that could make complex litigation and class action practice smoother to navigate.  LegalTech will provide seminars on issues that include:

Best Practices and Issues in Information Management for CIOs and IT Directors • Electronic Discovery Issues in Litigation • Knowledge Management • Leveraging Legal Technology for Practice Management and Transactional Support • E-Discovery Jeopardy! • Corporate Perspectives on EDD • Legal Outsourcing: Trends, Best Practices, and Emerging Markets • “Tomorrowland”- What is on the Legal and Technology Horizon? • Data Privacy Issues for Multinational Corporations

In other words, something for everyone.

A few rising names in legal technology arena are involved in LegalTech.  For example J. Craig Williams, the blogger responsible for May It Please The Court, is on the faculty.  If you handle technology decisions at your firm, or if you offer input in that regard, try to stop by LegalTech and check out what's new.  You'll at least get some free pens with corporate logos on them, and maybe a flashlight for your kid.  I'm hoping for coasters and frisbees.  And a squooshy ball.

Where:  Los Angeles Convention Center
When:  June 26 - June 27

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