Software Gumbo - Or why some stuff (Like KM software) might be hard to sell to law firms
I'm a power computer user - I know that software is hard to make - And I know that it is even harder to make software that has to work with other software.
Lawyers have to use multiple software - that's cool - sort of - but one day a KM guy shows up and says "you need some new software"- a sale is iffy - it's hard to get lawyers to adapt to new stuff - there's moat around the Castle.
Another moat around the Castle is the IT guys - A/K/A the "unsung heros" - I mean that! - they have to untangle the spaghetti that is inherent in making one piece of software talk to another.
Example - Word Processing program (i.e. Word Pefect) has to talk to Document Management Program (Imanage). Upgrade of one (say Imanage is required to fix new problem that users experience (i.e. can't reliably find indexed document using search for words in document). Upgrade takes place. Now another problem crops up. Lots of conversations with tech support. - now we have to upgrade the word processing program to new version - but when you do that you need to upgrade the operating system....and on and on - this is no fun for anyone - especially the IT guys who have to listen to lawyers complain, and they can't really explain the problem in terms the lawyers (who know they are smart) can understand.
What does this mean to guys selling KM? The lawyers don't understand it (why do I need this today? I didn't need it yesterday). The IT guys are wary of adding another program that not only interacts with existing systems, especially one whose whole function is to "interact". So who is going to attend the meeting wearing the "We love KM software" T-Shirt?
Maybe it's just me - a lawyer interested in technology in a Louisiana firm with >40 lawyers and 3 offices. Does that sound familiar to the guys at BigLaw? Stay tuned. I'm sure someone will transmit a response....
11:33:28 PM
New study reveals studies aren't that reliable
Research in this week's Journal of the American Medical Association shows that published studies are sometimes misleading and frequently fail to mention weaknesses. via (Some Guy) [FARK]
Oh, my God! This is serious. Has anyone alerted the media, or Congress? I mean we need to do something about this! People rely on studies. If they aren't reliable then what alternatives can we turn to make decisions? I mean we can't make decisions without studies. That would be crazy and very irresponsible.
11:28:22 PM
Twenty-nine states sued Bristol-Myers Squibb Co. on Tuesday, accusing the maker of the cancer drug Taxol of fraudulently keeping less-expensive generic versions off the market. The suit alleged that the pharmaceutical company obtained patents for Taxol under false pretenses and delayed generic versions from coming on to the market, forcing hospitals, patients and states to pay more for the medicine. [Law.com]
11:20:06 PM
Targus offers new cordless optical mouse for laptops.
I want it. $49.99. Father's Day is coming up. Kids are you listening? Full Story from New York Times.
I've wondered about this myself. You'd think it would be a physician's dream: asynchronous communication where the patient has to set out the symptoms in writing or seek the information in a setting where the doctor's time won't be co-opted unnecessarily. But I get the impression that in the vast caverns of most hospitals there is little access to computers that are tapped into the Internet. I don't know maybe my friend Kemper (a doctor) might leave a comment about this (although he's pretty furtive and probably wouldn't want to leave any footprints on my 'blog).
9:34:22 PM
Interesting discussion of profiling from Eugene Volokh...
Volokh writes: Discrimination based on race or religion does indeed go against important American constitutional traditions, and broader ethical principles as well. It may on very rare occasions be proper, but we should always be suspicious of it. (It turns out, incidentally, that the arguments against religious discrimination and religious profiling have to be somewhat different than those against racial discrimination and racial profiling, but I think they are quite powerful.)
Discrimination based on the foreign country in which one is a citizen stands on very different legal and ethical footing. Legally, I don't believe there's any constitutional bar to such discrimination. And ethically, we have to recognize that the nation of one's citizenship can quite properly be counted in our government's decisions, especially ones related to immigration and national security.
The problem with the internment of Japanese-Americans during World War II was precisely that they were Americans, who were entitled to a presumption that they'd be just as loyal as other Americans. But there's no reason to assume that noncitizen visitors will be loyal or even friendly to our nation. Many are friendly, but not all are. And it stands to reason that those from countries that have a great deal of anti-American sentiment would be more likely to be hostile to American interests."
The emphasis is mine, and I agree that Korematsu (the internment case) stands on a unique footing. We need to be careful about only taking those measures that will enhance security and we shouldn't run around carrying torches looking for Dr. Frankenstein. But we also need to assess risk carefully. Screening grandmothers (and probably most women) is not a good idea for obvious reasons, just as it is obvious that certain types people are more likely to pose a risk of danger. Unfortunately, we humans are distinguished from the lower species by our ability to use abstract thought. And part of abstract thought involves recognizing patterns and making generalizations.....
8:20:48 PM
It's good to see the boys getting along....
InstaPundit: "I TALKED WITH DAVE WINER ON THE PHONE a little while ago, and I notice he's already blogged the conversation! Things move fast in the blogosphere. I don't have much to add. We've both been interviewed by an Old Media organ that we suspect may, just may, have more of an agenda than just writing a story. I may post a bit more on this later, but I want to at least note that I'm in complete agreement with Dave on both the absence of any "feuding" and the importance of amateurism."
and then...
Scripting News: "I had a brief phone talk with Glenn Reynolds about the story we were both interviewed for. I wanted to get an idea whether or not he sees a feud between "techblogs" and "warblogs." I sure don't. Clearly he doesn't either. It was good talk. Basic agreement on what a weblog is, about pointing to other weblogs, same values about pros and amateurs. Reynolds is firmly an amateur, as I am. No bluster, only kind words.
I was worried earlier when I thought I saw some mushroom clouds in the horizon, but it turns out it is a clear day and the birds are still chirping in Blogland.
7:44:47 PM
Louisiana is proud of the new state Quarter
It pays tribute the the strong influence of Mardi Gras....
From Daily Rotten: "Rogue nations such as Iran routinely seek replacement parts for their U.S. manufactured military planes, officials told the magazine, and the eBay sale could have easily been used to provide supplies." Not just any plane either: parts included those for an SR71 Blackbird."
Man, is this Internet thing great or what?
5:04:57 PM
From Daily Rotten: "Authorities said that Jill Mazurek tortured and killed her roommate's cat, Adonis, in February. Mazurek allegedly shaved the cat, drew on it with markers and threw it in Silver Lake before beating it to death with beer bottles."
If my wife, Monique, reads this she'll worry about our cat. While I'm not fond of Maui, I would never torture her, or even cause her harm. Although, sometimes I do wonder if it wouldn't be good for her to take long walks every now and then....
5:03:33 PM
From GigaLaw: "A Santa Clara County jury ordered America Online to pay about $1.5 million to a former top executive with its Netscape Communications division, after finding the company damaged his reputation when it fired him three years ago. Lawyers for Ronald J. Arnold, an ex-Netscape vice president, will return to Superior Court today to ask the jury to slap AOL with punitive damages, raising the possibility the verdict could multiply by millions of dollars."
5:00:23 PM
Where's the beef? Uh, oh, here it is.
From bOing bOing: McDonald's will pay out #6.85MM to vegetarian and Hindu groups by failing to report on the beef tallow used to flavor their french-fries. More suits are pending. [Story Link]
Lawsuits are a lot like French fries. Bet 'cha can't file just one.
4:53:11 PM
Daubert case, Expert witnesses & the latest important article
Thanks Howard (previously misidentified asDenise. I'd like to see more scholarly articles like this. Say, that reminds me. Did you ever read "The Common Law Origins of the Infield Fly Rule?" If not, you should. It's a U. Penn Law Rev. Article, cir. 1980's or maybe even the 70's. Hilarious.
4:46:36 PM
From snowdeal.org | conflux: "Certainly, conflicts over jurisdiction have been around for centuries, but the Internet introduces a new set of questions about how to apply cross-border laws. In the physical world, the ground rules are relatively well established, bolstered by years of international treaties, case law and agreements between specific nations that dictate how such laws are applied and enforced. But the Web changes the dynamics. When you put up a Web site, virtually anyone can stop by and shop." [Story Link]
The issue of how legal regimes deal with the borderless nature of the web is a big elephant in the room. It will change legal structures in significant ways. In fact, it already has. Do you think all of this Internet gaming would have cropped up so fast if it weren't for the fact that these places operate outside the jurisdiction of the United States? It's amazing how the law has tolerated these sites and then, in some places, even come to officially recognize them. Someone should write a paper analyzing this trend. I don't have time, but keep me posted if you have a draft ....
11:38:07 AM
Trademark news - new resource
Learn about commercial services for trading the use of your trademarks on the Web at Trademark Monitoring via [TVC Alert]
11:32:38 AM
Lawsuit Headlines - Disney sues over Winnie the Pooh Dolls & Jennifer Anniston sues over improper photos
From Findlaw: "The Walt Disney Co. has sued a Swedish importer for copyright infringement and requested the destruction of 25,000 teddy bears it says are illegal replicas of Winnie the Pooh.
The stuffed bears, which were made in China, were intercepted by Swedish customs in April and wear the "hunny" loving bear's trademark red shirt, according to a lawsuit filed with the district court in Malmoe, 340 miles southwest of the Swedish capital, Stockholm."
Also Findlaw: "A federal judge ruled that Jennifer Aniston's lawsuit may go forward against the publishers of two magazines who ran a photo of her sunbathing topless in her backyard.
U.S. District Judge Ronald S. Lew set a trial date for July 2 after allowing Aniston's claims on common law misappropriation of the right of publicity, constructive trust and punitive damages."
9:57:00 AM
Testing RadioPoint Outliner
This is my first outline, and it is no great shakes. However, this concept is AMAZING!!! I agree with what Rick said earlier today. These Userland guys are busy beavers. Is there a tip jar? For those of you fortunate enough to have Radio here are Dave's how to instructions.
12:19:37 AM
Targus offers new cordless optical mouse for laptops.
Louisiana is proud of the new state Quarter
