Rusty Law

Microsoft WORD Problem

Microsoft WORD has a problem.  It is not going to crash your computer or send viruses to all your closest e-pals.  The problem is that someone else owns part of the XML code, a part that is unique and patented.  And today is the deadline for the injunction.  

The code is protected under property right law and will cost Microsoft $290 million in damages.  After which Microsoft still will not own the code.  At this point, Microsoft will either have to fix the code or they will have to discontinue selling one of the most popular word processing programs on the planet.  Plus, they will have to pay that $290 million in damages.  

While that price tag is likely to set them back, it is not going to put Microsoft out of business.  Today is a bitter cold day in January, and maybe just a bit colder for Microsoft.  

App For That

Federal copyright code is one of the cheapest apps available for legal research and reference.  For a buck ninety-nine, you can read it without infringement.  Purchasing music online is similarly easy and comparatively inexpensive, making piracy less excusable.  

You may disassociate music with the media it comes on.  Unlike vinyl, cassette tape, and 8-track, digital media copy very well, making downloading feel like a normal function.  Piracy is easy, but it is still stealing.  

The San Francisco Symphony Orchestra paired with heavy metal rock band, Metallica, in 1999.  In 2000, Metallica paired with the Supreme Court to put Napster out of business.  Metallica continues to rock on, receiving two Grammy’s in 2009, while Napster discontinued service eight years ago.    

If you steal a CD from Wal-Mart, you are going to get arrested.  If you download, you could get sued.  You get caught quicker stealing from a store, but either way, it is morally wrong and criminal.  If you like the music, support the musician by purchasing the song or CD.  

With iTunes, you do not have to buy the whole CD.  You can buy a single song without purchasing 12 songs you do not want, plus you do not have to go to the store, or pay for shipping and handling.  Buying music has never been easier!   

And by the way, the Constitution of the United States is at your fingertips as a free app on your iPhone, but paying for an attorney to interpret it…that is another matter.  

Tree Climbing

Electronic filing is in the natural interest of the court system.  With so much already produced on computers, there is a growing enthusiasm toward a paperless route of file processing.  

Attorneys use an estimated 20,000 to 100,000 sheets of paper in one year; that translates into a dozen trees a year per high-end lawyer.  There are about 400,000 members of the American Bar Association—that is a lot of timber!  

Florida courts and clerks are pursuing a paperless portal that would allow case information to be input, processed, and stored in an efficient, uniform format statewide, but would protect information, such as Social Security numbers, from unauthorized access.  

Electronic filing will help our environment and has the potential to promote healthy growth of the Judicial Branch.  I look forward to filing cases from my iPhone!    

Legal Wizardry

Harry Potter would make a fine lawyer. He has poise and confidence, and has already been through many trials himself, but in the muggle world, he’d have to use the Internet in lieu of a magic wand. Of course Harry Potter would be a solicitor or a barrister in the British system of law. 

Computers are amazing devices, especially with the Internet allowing us to collapse time and space for communication and transfer of funds at the speed of light. Computer lab isn’t part of the Dark Arts curriculum at Hogwarts, but Internet savvy is a handy thing in the court system…and looking to get better. 

Florida is trying to adopt statewide standards for e-filing of cases. You can e-file your tax returns, why not a lawsuit? Already many court records are available online, but access is not consistent county to county. The ideal is to have a statewide portal for input, management, and accessibility of cases, with amenities including transmission capacity of more than four times the length of the Bible. That may not be magic, but it’s pretty impressive.

The Long Arm of Technology

Imagine getting served on Facebook.  Traditional legal process servers, from letter carriers to sheriff’s deputies, could be usurped by YouTube!  Well, maybe not, but the long arm of the law is reaching out more through technology.  

While YouTube has made its way onto Brigham Young University, it hasn't quite reached the Supreme Court Justices, but it's creeping up the Judicial Branch.  

The technological infrastructure builds upon itself, expanding exponentially as database upon database become available online and merged for streamlined cross-referencing, while the demand for communication and documentation within the court system continues to increase.  

Arizona is on a major campaign to eliminate the quill and inkwell as an icon of attorneys.  There’s a push to make e-filing mandatory, with an increasing popularity among attorneys to submit their actions electronically.  The trend has begun to blend into policy.  

If you can get a pizza delivered by clicking a website, why not a court summons?