IP: one more RE: interesting point on the DMCA also

[David Farber <dave () farber net>]

> Date: Sat, 15 Sep 2001 12:34:47 -0400
> To: farber () cis upenn edu
> From: Tom Goltz <tgoltz () QuietSoftware com>
> Subject: Re: IP: RE: interesting point on the DMCA also
>
> At 08:49 PM 9/14/2001 -0400, you wrote:
> > > From: "Sackler, Dr Richard" <333 () pharma com>
>
> > > 3. Limit contingent fees to lawyers to limit to reasonable costs and payment
> > > for time
>
> Speaking as someone who sells his professional services, I strongly oppose 
> this idea.  When a lawyer takes on a contingent case, he's gambling.  If 
> he wins one case, and gets a million or even ten million dollars in fees, 
> but loses the other five cases he took on that year, is this wrong?  I 
> think we should look at it that he's performing a needed public service by 
> taking those other five cases to trial for people who otherwise might lack 
> access to the legal system.
>
> When I'm dealing with many of the start-up companies that have been my 
> clients, I quote them an hourly rate for my services.  If they want me to 
> accept stock or other forms of future compensation in lieu of cash, the 
> rate goes up by a factor of around ten, in order to try to cover the risk 
> I'm taking.  The day that a law passes saying I can't do this, it will be 
> cash on the barrelhead, period.
>
> > > 4. Immunize all those whose facilities (airports) and planes were used to
> > > carry out this outrage.
>
> No way!  It was their decision to hire security people, pay them minimum 
> wage, and ignore the fact that they were not doing an effective job.  The 
> reasons behind this were entirely financial, and I see no good reason why 
> they should be shielded from the liability and the costs resulting from 
> that decision.  It may put a couple of airlines and airports into 
> bankruptcy, but I can promise you that their successors will be a LOT more 
> careful than if we pat them on the shoulder and say "Just try harder next 
> time, please."
>
> Have any doubts about airport security?  As you sample the following 
> links, ask yourself if this is the behavior that you want to indemnify:
>
> Airline security flunks FAA test at Hailey
> http://www.mtexpress.com/2001/01-07-11/01-07-11faa.htm
>
> FAA Proposes Fine Against American for Security Violations
> http://www.faa.gov/apa/pr/safety/pr.cfm?id=1380
>
> Security Experts Knew a Major Attack Was Possible
> Lax Measures at Airports Cited Often Over Years
> http://www.washingtonpost.com/wp-dyn/metro/crime/A14031-2001Sep11.html
>
> Airlines Rack Up Huge Fines for FAA Security Violations
> http://www.charlotte.com/observer/business/pub/security0915.htm
>
> AFTER THE ATTACK:
> Guns got through Metro in '90s
> Airline security failed FAA's tests over and over
> http://www.freep.com/money/business/fail14_20010914.htm
>
> Aviation consultants criticize security
> http://www.miami.com/herald/content/news/national/digdocs/018306.htm
>
> Airlines spurn bomb-proof baggage boxes
> http://www.thetimes.co.uk/article/0,,3-64244,00.html
>
> Airlines rejected higher security in US
> http://www.thetimes.co.uk/article/0,,3-2001314737,00.html
>
> Airport security company agrees to pay $1.2M to settle charges
> http://www.airdisaster.com/news/0400/18/news.shtml
>
> Airport security found lacking.
> http://www.airdisaster.com/news/1299/03/news.shtml
>
> Airline safety penalties rise 80% between 1998 and 1999.
> http://www.airdisaster.com/news/0300/14/news.shtml
>
> FAA finds holes in security at TIA
> http://www.sptimes.com/News/031500/TampaBay/FAA_finds_holes_in_se.shtml
>
> This one is a little harder to follow: It's a link to the FAA's Quarterly 
> Enforcement Reports, but as you browse through the minimal information, 
> note how many of these fines are listed as "Security."
> http://www.faa.gov/agc/enforcement/index.htm
>
> In addition, although I don't have freely available links, I suggest 
> searching through USA Today's 
> (http://pqasb.pqarchiver.com/USAToday/main/advancedsearch.html) paid 
> archives for "Airport security"  If you don't want to be buried with 
> current information, I suggest stopping the search at around Sept 1.
>
> It's a paid service, but you can turn up many, many more articles for 
> doing searches on http://interactive.wsj.com/Publib/ on things like "FAA 
> security" "Airport security".
>
>
> Tom Goltz
> Software Engineering Services
> (603) 594-9922
> (603) 594-9939 (fax)



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