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Class Action Litigation In the United States, a class action is a lawsuit initiated by one or more plaintiffs (called the class proponents) on behalf of a group of individuals, all of whom have the same complaint. For example, someone who is a smoker with hiccups might bring a class action suit against the tobacco companies on behalf of all the smokers with hiccups. Class action suits are complex and can take a long time to settle. Sometimes the suits result in a significant award for the plaintiffs, but often they don't. The lawyers, however, usually find a way to do well for themselves. Web:
Computers and the Law The world of computers and the Internet have raised many legal issues: some of them brand new, some of them novel variations of existing legal doctrine. These Web sites contain a wealth of information related to legal issues and computing, especially the Internet. If you have heard about a famous case involving the Net, you can probably find the details here. Web:
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Copyleft A copyleft, like a copyright, governs legal rights related to intellectual material (such as writing, art, painting, photos, software, and so on). Copyleft is important because it is the legal basis of the Open Source Movement. As such, it is responsible for the widespread popularity and development of Linux and other such products. Before I explain copyleft, I'd like to take a moment to talk about the older, more established idea of copyright. The instant someone creates original intellectual property, he owns a copyright to it for a fixed number of years. For example, if you were to write a story (or compose a song, or create a Web page, or paint a portrait), you would immediately own the copyright to that work: you do not need to register it. If you live in the United States, your copyright will last for your lifetime plus 70 years. Having a copyright means that, as the owner of the intellectual material, you have sole control over how the material may be copied. If you want to allow a person or a company to copy the material, you can grant him or her a license according to whatever terms you like. A copyleft is a type of copyright license that allows anyone in the world to use, modify and distribute a specific work for free and without permission, as long as the person or company doing so follows specific restrictions. The idea of copyleft was developed by Richard Stallman, the founder of the Free Software Foundation. Stallman's goal was to help create a large, robust body of free software. To do so, he wanted a legal mechanism that would allow new software to be freely shared, while ensuring that anyone who distributed, used, or modified the software would adhere to his philosophical ideals. In particular, Stallman wanted to make sure that when people modified free software, the new versions would also be free. (In technical terms, he wanted to force anyone who changed and then redistributed the software to release the source code.) Toward this end, Stallman developed the idea of copyleft and embodied it in a special license that he called the GNU General Public License or GPL. ("GNU" was the name of one of Stallman's early projects.) The GPL became popular and, over the years, a variety of similar licenses have been developed, leading to an enormous flourishing of shared creativity (the so-called Open Source Movement). The original Linux operating system, for example, was released under the auspices of the GPL. This is one of the main reasons why Linux has enjoyed such widespread acceptance and development. Today, there are a variety of copyleft licenses, tailored to all types of intellectual property; not only for computer programs, but for art, music, photographs, and writing. Web:
Copyrights A copyright protects the writings of an author against copying. In this sense, "writings" refers not only to books and printed publications, but to software, music, recordings, movies, and so on. In most cases, copyright is automatically vested in the creator of the work, although the legal rights can be assigned or sold to someone else. For example, I own the copyright to this book, which I license to my publisher. To help you understand copyright and its nuances, here is a collection of Internet copyright resources. In addition, I have included the Web site for the United States Copyright Office, which will allow you to access official U.S. information regarding works registered for copyright since 1978. Web:
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Expert Witnesses Every now and then, you hear about a trial in which some "expert" says such-and-such. Do you ever wonder who are these experts? There are many people who act as "expert witnesses". They get large amounts of money to study the details of a case and render an opinion. In most cases, experts are paid by one side or the other, and, as you might expect, the expert testimony is slanted toward the needs of whomever is paying. If you need an expert witness, or if you might want to be an expert witness, here is information that will help you. Web:
Famous Trials In every age there are famous trials that capture the public's imagination. Some trials are well-known because they involve celebrities; other trials attract attention because they focus public opinion on important issues. In many cases, such trials can have lasting effects on the culture. For example, the Scope's "Monkey" Trial (1925) fostered a widespread debate over the teaching of evolution in public schools; the Chicago 7 trial (1969-1970) catalyzed the social changes of the late 1960s. Regardless of the reasons, once a trial becomes famous enough to capture long term eminence (or notoriety), it becomes part of history and, hence, is worth studying. Web:
Free Legal Information My experience is that the best source for legal advice is an experienced lawyer. Before you choose a lawyer, get at least three recommendations (from other lawyers in your community, if possible) and interview each candidate. Most lawyers will talk to you once for free. However, regardless of whether or not you have a lawyer, it will always help you to understand the law as it pertains to your situation and what options you have. These Web sites have articles and advice for consumers on many different legal topics: taxes, accidents, family law, personal injury, real estate law, estate planning, and more. Remember, though, if it's important, you need a good lawyer. (This is especially true for estate planning.) Web:
International Criminal Law There is crime all over the world, and as a Net person, you can have access to all the information you want related to this popular global pastime. So if you're bored with the local crime in your area, check out these web sites to see what the international criminal justice community is doing. Web:
International Law Students Association Law students interested in international law can check out information about the International Law Students Association and get links to a library with online texts, law journals, documents about international law and related resources. Web: International Trade Law When goods and services are sold across international boundaries, an enormous number of laws, rules and regulations come into play. These resources will help you find information about sales of goods and services, protection of intellectual property, carriage of goods, insurance, payment mechanisms, agency, limitation periods, and other areas of international law. Web:
Law Firms There are a large number of law firms on the Net, and here is a list of many of them. Don't be surprised if, soon, being on the Net is a prerequisite to running a law practice. I can tell you that all of my lawyers are on the Net. (Now, if I can only get them to use PGP, so we can send secret stuff by email.) Web:
Law Resources For the law student and legal professional, here is a useful collection of law resources. You will find information about commercial law, defense funds, human rights, institutes, intellectual property, international trade, law firms, legal agencies, libraries, newsletters, Supreme Court decisions, and much more. Web:
Law Schools The great thing about going to law school is that, when you graduate, you will be in a profession that is so popular that people like to tell lots of jokes about it. So, before you commit yourself to one school or another, do enough research to make sure that your school is worthy enough that people will want to make jokes about it. Web:
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Law Talk and General Discussion It's Saturday night and you are anxious to discuss freedom of religion, libel and the concept of invasion of privacy with someone. When you have no place to go and you are just itching to talk law, check out Usenet, where you will find lawyers, law students and lawyer wannabes chatting about legalities. Usenet:
Lawyer Jokes A guy is standing at a bar talking to a fellow he just met. "You want a good laugh?" he says. "Listen to this joke. This lawyer has--" "Hold on," says the other fellow, "I want you to know that I'm a lawyer, and I don't think it's fair that everyone makes fun of lawyers. I would be glad to hear your joke, but I do get tired of people making jokes about my profession. Why does it always have to be a lawyer? Why can't you tell a joke about a doctor, or an airline pilot, or a plumber?" "Okay," says the first guy, "I'll tell it your way. This plumber has just graduated from law school and he decides to sue his mother..." Web:
Legal Dictionaries I love to read Perry Mason books, and I learn a lot about the law by doing so. Every now and then, I encounter a legal term I don't understand. One of the terms I saw over and over was res gestae, but I couldn't figure out what it meant from the context. I asked my lawyer, but he didn't know. However, after a few minutes work on the Net, I was able to satisfy my curiosity by using an online legal dictionary. Now I am prepared in case my lawyer calls me for legal advice. Web:
Legal Documents Online We all know that there is no substitute for expert legal advice. We also know that expert legal advice can cost a great deal of money. The resources at these Web sites can help you create some commonly used legal documents -- such as a last will and testament, a living will, a durable financial power of attorney, and so on -- for free. Here is a suggestion. Before you have your attorney draw up a legal document, see if it is available at these Web sites. If so, create one for yourself and print it out. Read it carefully before you visit your attorney, and take it with you when you go to his office. By learning a bit about the issues in advance and reading over a typical document, you will already know something when you get there, and the whole thing will be faster and less expensive. Web:
Patents A patent protects the right to use an invention. In the United States, there are three main types of patents: Utility Patents (machines, processes, etc.), Design Patents (design for a manufactured article), and Plant Patents (new varieties of plants). With respect to computers, patents are issued not only for new hardware, but for specific software and computer algorithms. To help you understand patents and how they work, here are some useful resources, including the Web site of the U.S. Patent and Trademark Offices, as well as a site at which you can search for and examine existing patents. Web:
Publishing Law You may not know it, but as soon as you write something, you automatically own the copyright. Unfortunately, most of publishing is not that simple. If you are a writer or publisher, you need to understand something of the laws and rules that govern your business. I use a good contract lawyer who reads and comments on every contract that enters my life before I sign it. I encourage you to do the same. Web: Supreme Court Rulings With Project Hermes, the United States Supreme Court makes its opinions and rulings available in electronic format within minutes of their release. Moreover, you can obtain a copy of an opinion as a word processor document. Isn't this great? You can download a Supreme Court opinion and then use your word processor to make any changes you want. Talk about participatory democracy! Web:
Trade Secrets There's little that is more pleasurable than hearing a secret that you aren't supposed to hear. If you like secrets, especially trade secrets, take a look at the trade secrets resources on the Internet. You can get information on unfair competition, trade secret protection programs, investigations, nondisclosure and confidentiality agreements, inevitable disclosure doctrines, how to protect intellectual property rights, and information on computer software and anti-trust guidelines. Web:
Trademarks A trademark is a word, name or symbol used to distinguish the source of specific services or goods. Trademarks do not have to be registered. However, if you do register a trademark, you have more protection against people using it for their own products. Here is official information from the United States Patent and Trademark Offices, as well as some other trademark-related resources you will find useful. Web:
United States Code In the United States, there are a huge number of federal laws, each of which is passed by Congress (the House of Representatives and the Senate) and signed into law by the President. To keep track of all these laws, a department called the Office of the Law Revision Counsel (operating under the auspices of the House of Representatives) prepares and publishes all the federal laws of the United States. This corpus is called the United States Code, and you can read it and search it whenever you want. Wow! (Or as Robert Louis Stevenson put it, "The world is so full of a number of things / I'm sure we should all be as happy as kings.") Web:
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