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A Post of Thanks

I’m thankful for my friends and family.  There were several new additions to both groups this year, and I’m looking forward to many more next year.

I’m thankful to be going into another holiday period in fine health, and wish quick and painless healing to those who are not.

I’m thankful for wonderful tools like blogs, Facebook and Twitter that allow us to directly communicate with each other from anywhere around the globe.  Minds, both like and unlike, can come together in discourse despite geographical, political or social boundaries. I’m hopeful that worldwide communication will lead to worldwide understanding, and that worldwide understanding will lead to worldwide peace.

I’m thankful to be involved with the following organizations, which do great work toward making this a better and more interesting place for everyone:

California Dictionary Project

IDADA

Kurt Vonnegut Memorial Library

And I’m thankful for all of my clients with whom I worked this year, for trusting my office with their legal needs. I hope you have been satisfied with the results and I look forward to assisting you in the upcoming year.

Thanks,

Kenan L. Farrell

About #tweetsgiving (#indytweetsgiving)…#tweetsgiving is a fundraiser of a 501(c)(3) nonprofit, Epic Change. http://tweetsgiving.epicchange.org/.  The schedule for this year is for November 24-26, a 48 hour event created by US nonprofit Epic Change.  There are two simple ways to participate:  on twitter tag what you are thankful for with #tweetsgiving.  The attempt is to get #tweetsgiving to be a trending topic, and thus — encourage participation and exposure.  Last year, Epic Change with only a #hashtag and accepting donations online in a 48 hour period, raised over $10,000 for a school in Tanzania.  Tweetsgiving 2009 will go partly to create a dormitory/orphanage, library, school, cafeteria and additional classrooms are needed in partnership with Kamptoni in Tanzania.  The other portion will go towards funded future change makers and social entrepreneurs in less fortunate conditions.

You can donate here: http://epicchange.org/donate.php

I was recently asked by a journalist to provide some comments on guest-blogging.  I put together the following tips for people thinking of getting into guest-blogging, or blogging generally:

bloghand

In addition to my own blogs, I’ve done quite a bit of guest-blogging over the last several years. In fact, my first blogging experience was as a guest blogger on a Virtual Law blog, virtuallyblind.com, created by another attorney, Ben Duranske. Guest-blogging allowed to me learn the in-and-outs of blogging without the pressure of producing content on a regular basis.

Blogging has been a great tool for building my business and gaining recognition in my fields of interest. It’s driven my page to the top of Google search results which of course means more eyeballs seeing the services that I can provide them. Several of my top clients reguIarly comment that they enjoy my blog and the information it provides. I also place importance in the process of researching and writing blog posts, essentially an ongoing CLE that helps me be a better service provider in the long run.

Tips for guest bloggers:

1. Find the Right Audience. If you’ve got a particular topic that you’d really like to write about, write about it! Once you’ve got that great post that you’re excited about, look around and find an existing blog that matches your interest. Contact the blog owner and propose that he/she publish your guest post. I can’t speak for every blog owner, but I would never turn away a guest post with quality content. After all, any positive traffic generated would be to my blog, where people will see my info and content. Even if a blog owner doesn’t want to publish your guest post, the feedback they give can help direct you towards somebody who will.

2. Go for the Oscar. You’ve got the time and energy to really focus on one great blog post, so do it! I think of a full-time blogger as a TV writer, responsible for content day in and day out. Not all of it can be glorious, but the blog readers become familiar with the “character” of the blog writer. A guest blogger is a movie writer. They write that epic post that blows away all the other posts and becomes a definitive source for a particular piece of information. Throw in some explosions, heartwrenching drama, maybe even just great images that the guest blogger spent a little extra time to locate.

3. Guest-Blog 2: The Sequel. Unlike in the movies, sequels are generally a good thing in blogging. Endorse your guest post on your own site and build cross-traffic. Follow-up with additional info in future posts and people ( most importantly clients and potential clients) will start to recognize you as an information hub.

There are several great resources online to help you get started as a guest blogger.  Good luck and have fun.

I’ve written previously on the importance of planning beyond one’s own death. Simple planning now can prevent unnecessary headaches after you’ve passed. This is typically accomplished by preparing a will and/or obtaining life insurance. But with the Internet and cloud computing increasingly dominating our daily lives, more adults are taking their lives online, often through social networking, online gaming, or blogging. Consumers shop, pay bills, and bank online. Important accounts, documents, files and photos are now often managed exclusively online, almost always behind usernames and passwords.

Dbrainjacko you know what would happen to your blog if you die? What happens to the passwords and content of your multiple email accounts? Who, if anyone, would you want to control your Twitter, Facebook or, most importantly, World of Warcraft account? Think about these questions now and speak to an attorney who can help you plan your digital estate.

Here are a few general guidelines from the MoneyGrubbingLawyer:

Email Accounts
As a general rule, you own your email and electronic correspondence and you can leave this to whomever you choose in your will. However, if your family or executors don’t know your email passwords, they may have trouble retrieving it. Gmail and Hotmail will both give access to email contents upon proof of death and proof of relationship.

Facebook and Social Networking Accounts
Facebook and other social networking accounts are a little different than email accounts as the information on your profile isn’t as private as your emails – your profile is accessible and viewable by anyone who you’ve granted access. Your profile also appears as a friend of countless others, and will continue to appear until the account is either closed or your friends delete you.

Myspace advises that their policy is to allow access to a deceased’s account upon verification of death, and a significant number of Myspace profiles remain active as memorials. Facebook also allows for the “memorialization” of accounts, where the accounts remain open as a tribute. There’s even a form you can use to report a user who has died. However, Facebook won’t release login information, so the account can’t be accessed, changed or updated.

Blogs and Online Content
An additional consideration for managing your digital estate arises for those of us who run blogs. Much like social networking and email accounts, online service providers such as WordPress and Blogger are reluctant to release login details, even to an executor. If your blog is hosted on your own server or through a third-party hosting service, the task of accessing the site is further complicated and in some cases may be close to impossible.

If you’ve got a blog, you’ve also got intellectual property including copyright to your writings and any trademarks associated with your site. You may also have photographs, music, and other works that are published and maintained online. Copyright generally lasts for 70 years after the death of the author, so there’s a significant tail period of copyright protection that vests in your estate and, just like any other form of property, IP can be given to a specific individual in your will. If the will does not specify who gets your intellectual property, the standard rules of distribution apply.

Online Worlds
Users spend a great deal time of time creating and managing identities in online worlds like World of Warcraft or Second Life. But what will happen to these accounts upon your death? World of Warcraft will transfer ownership of an account to an immediate family member upon proof of death, and the community has even been known to host virtual funerals. Second Life will turn over account information upon receiving proper notice and documentation.

wowdeath

As with other estate planning stories, the moral is to plan ahead. Here are your action items for planning the disposition of your digital information upon your death:

  1. Select a “digital” executor, someone who you trust to carry out your wishes with respect to your online information
  2. Tell your executor what you want done and give him or her the information needed to carry out your wishes.
  3. Prepare a list of your email and social networking accounts along with your login data and brief details on how to access the accounts.
  4. Update your will to include specific provisions for who will take ownership of your intellectual property and any data that you leave behind.

Check out the Indiana Intellectual Property & Technology Blog…there’s a new post in the series entitled “A Legal Primer for Bloggers.”  The latest post (3 of 5) covers defamation issues and explores your options when somebody has posted something false and damaging about you, including some common defenses..  If you’re a blogger (or represent a blogger) and haven’t given much thought to the applicable legal issues, please give it a read.

defamation

Part 2 of the “Legal Primer for Bloggers” series is now up at the Indiana Intellectual Property & Technology Blog.  If you’re a blogger (or represent a blogger) and haven’t given much thought to the applicable legal issues, please give it a read.

updateblog

Prepared Remarks of President Barack Obama
Back to School Event

Arlington, Virginia
September 8, 2009

The President: Hello everyone – how’s everybody doing today? I’m here with students at Wakefield High School in Arlington, Virginia. And we’ve got students tuning in from all across America, kindergarten through twelfth grade. I’m glad you all could join us today.

I know that for many of you, today is the first day of school. And for those of you in kindergarten, or starting middle or high school, it’s your first day in a new school, so it’s understandable if you’re a little nervous. I imagine there are some seniors out there who are feeling pretty good right now, with just one more year to go. And no matter what grade you’re in, some of you are probably wishing it were still summer, and you could’ve stayed in bed just a little longer this morning.

I know that feeling. When I was young, my family lived in Indonesia for a few years, and my mother didn’t have the money to send me where all the American kids went to school. So she decided to teach me extra lessons herself, Monday through Friday – at 4:30 in the morning.
Now I wasn’t too happy about getting up that early. A lot of times, I’d fall asleep right there at the kitchen table. But whenever I’d complain, my mother would just give me one of those looks and say, “This is no picnic for me either, buster.”

So I know some of you are still adjusting to being back at school. But I’m here today because I have something important to discuss with you. I’m here because I want to talk with you about your education and what’s expected of all of you in this new school year.

Now I’ve given a lot of speeches about education. And I’ve talked a lot about responsibility.
I’ve talked about your teachers’ responsibility for inspiring you, and pushing you to learn.
I’ve talked about your parents’ responsibility for making sure you stay on track, and get your homework done, and don’t spend every waking hour in front of the TV or with that Xbox.
I’ve talked a lot about your government’s responsibility for setting high standards, supporting teachers and principals, and turning around schools that aren’t working where students aren’t getting the opportunities they deserve.

But at the end of the day, we can have the most dedicated teachers, the most supportive parents, and the best schools in the world – and none of it will matter unless all of you fulfill your responsibilities. Unless you show up to those schools; pay attention to those teachers; listen to your parents, grandparents and other adults; and put in the hard work it takes to succeed.

And that’s what I want to focus on today: the responsibility each of you has for your education. I want to start with the responsibility you have to yourself.

Every single one of you has something you’re good at. Every single one of you has something to offer. And you have a responsibility to yourself to discover what that is. That’s the opportunity an education can provide.

Maybe you could be a good writer – maybe even good enough to write a book or articles in a newspaper – but you might not know it until you write a paper for your English class. Maybe you could be an innovator or an inventor – maybe even good enough to come up with the next iPhone or a new medicine or vaccine – but you might not know it until you do a project for your science class. Maybe you could be a mayor or a Senator or a Supreme Court Justice, but you might not know that until you join student government or the debate team.

And no matter what you want to do with your life – I guarantee that you’ll need an education to do it. You want to be a doctor, or a teacher, or a police officer? You want to be a nurse or an architect, a lawyer or a member of our military? You’re going to need a good education for every single one of those careers. You can’t drop out of school and just drop into a good job. You’ve got to work for it and train for it and learn for it.

And this isn’t just important for your own life and your own future. What you make of your education will decide nothing less than the future of this country. What you’re learning in school today will determine whether we as a nation can meet our greatest challenges in the future.

You’ll need the knowledge and problem-solving skills you learn in science and math to cure diseases like cancer and AIDS, and to develop new energy technologies and protect our environment. You’ll need the insights and critical thinking skills you gain in history and social studies to fight poverty and homelessness, crime and discrimination, and make our nation more fair and more free. You’ll need the creativity and ingenuity you develop in all your classes to build new companies that will create new jobs and boost our economy.

We need every single one of you to develop your talents, skills and intellect so you can help solve our most difficult problems. If you don’t do that – if you quit on school – you’re not just quitting on yourself, you’re quitting on your country.

Now I know it’s not always easy to do well in school. I know a lot of you have challenges in your lives right now that can make it hard to focus on your schoolwork.

I get it. I know what that’s like. My father left my family when I was two years old, and I was raised by a single mother who struggled at times to pay the bills and wasn’t always able to give us things the other kids had. There were times when I missed having a father in my life. There were times when I was lonely and felt like I didn’t fit in.

So I wasn’t always as focused as I should have been. I did some things I’m not proud of, and got in more trouble than I should have. And my life could have easily taken a turn for the worse.

But I was fortunate. I got a lot of second chances and had the opportunity to go to college, and law school, and follow my dreams. My wife, our First Lady Michelle Obama, has a similar story. Neither of her parents had gone to college, and they didn’t have much. But they worked hard, and she worked hard, so that she could go to the best schools in this country.

Some of you might not have those advantages. Maybe you don’t have adults in your life who give you the support that you need. Maybe someone in your family has lost their job, and there’s not enough money to go around. Maybe you live in a neighborhood where you don’t feel safe, or have friends who are pressuring you to do things you know aren’t right.

But at the end of the day, the circumstances of your life – what you look like, where you come from, how much money you have, what you’ve got going on at home – that’s no excuse for neglecting your homework or having a bad attitude. That’s no excuse for talking back to your teacher, or cutting class, or dropping out of school. That’s no excuse for not trying.

Where you are right now doesn’t have to determine where you’ll end up. No one’s written your destiny for you. Here in America, you write your own destiny. You make your own future.
That’s what young people like you are doing every day, all across America.

Young people like Jazmin Perez, from Roma, Texas. Jazmin didn’t speak English when she first started school. Hardly anyone in her hometown went to college, and neither of her parents had gone either. But she worked hard, earned good grades, got a scholarship to Brown University, and is now in graduate school, studying public health, on her way to being Dr. Jazmin Perez.

I’m thinking about Andoni Schultz, from Los Altos, California, who’s fought brain cancer since he was three. He’s endured all sorts of treatments and surgeries, one of which affected his memory, so it took him much longer – hundreds of extra hours – to do his schoolwork. But he never fell behind, and he’s headed to college this fall.

And then there’s Shantell Steve, from my hometown of Chicago, Illinois. Even when bouncing from foster home to foster home in the toughest neighborhoods, she managed to get a job at a local health center; start a program to keep young people out of gangs; and she’s on track to graduate high school with honors and go on to college.

Jazmin, Andoni and Shantell aren’t any different from any of you. They faced challenges in their lives just like you do. But they refused to give up. They chose to take responsibility for their education and set goals for themselves. And I expect all of you to do the same.

That’s why today, I’m calling on each of you to set your own goals for your education – and to do everything you can to meet them. Your goal can be something as simple as doing all your homework, paying attention in class, or spending time each day reading a book. Maybe you’ll decide to get involved in an extracurricular activity, or volunteer in your community. Maybe you’ll decide to stand up for kids who are being teased or bullied because of who they are or how they look, because you believe, like I do, that all kids deserve a safe environment to study and learn. Maybe you’ll decide to take better care of yourself so you can be more ready to learn.

And along those lines, I hope you’ll all wash your hands a lot, and stay home from school when you don’t feel well, so we can keep people from getting the flu this fall and winter.
Whatever you resolve to do, I want you to commit to it. I want you to really work at it.
I know that sometimes, you get the sense from TV that you can be rich and successful without any hard work — that your ticket to success is through rapping or basketball or being a reality TV star, when chances are, you’re not going to be any of those things.

But the truth is, being successful is hard. You won’t love every subject you study. You won’t click with every teacher. Not every homework assignment will seem completely relevant to your life right this minute. And you won’t necessarily succeed at everything the first time you try.

That’s OK. Some of the most successful people in the world are the ones who’ve had the most failures. JK Rowling’s first Harry Potter book was rejected twelve times before it was finally published. Michael Jordan was cut from his high school basketball team, and he lost hundreds of games and missed thousands of shots during his career. But he once said, “I have failed over and over and over again in my life. And that is why I succeed.”

These people succeeded because they understand that you can’t let your failures define you – you have to let them teach you. You have to let them show you what to do differently next time. If you get in trouble, that doesn’t mean you’re a troublemaker, it means you need to try harder to behave. If you get a bad grade, that doesn’t mean you’re stupid, it just means you need to spend more time studying.

No one’s born being good at things, you become good at things through hard work. You’re not a varsity athlete the first time you play a new sport. You don’t hit every note the first time you sing a song. You’ve got to practice. It’s the same with your schoolwork. You might have to do a math problem a few times before you get it right, or read something a few times before you understand it, or do a few drafts of a paper before it’s good enough to hand in.

Don’t be afraid to ask questions. Don’t be afraid to ask for help when you need it. I do that every day. Asking for help isn’t a sign of weakness, it’s a sign of strength. It shows you have the courage to admit when you don’t know something, and to learn something new. So find an adult you trust – a parent, grandparent or teacher; a coach or counselor – and ask them to help you stay on track to meet your goals.

And even when you’re struggling, even when you’re discouraged, and you feel like other people have given up on you – don’t ever give up on yourself. Because when you give up on yourself, you give up on your country.

The story of America isn’t about people who quit when things got tough. It’s about people who kept going, who tried harder, who loved their country too much to do anything less than their best.

It’s the story of students who sat where you sit 250 years ago, and went on to wage a revolution and found this nation. Students who sat where you sit 75 years ago who overcame a Depression and won a world war; who fought for civil rights and put a man on the moon. Students who sat where you sit 20 years ago who founded Google, Twitter and Facebook and changed the way we communicate with each other.

So today, I want to ask you, what’s your contribution going to be? What problems are you going to solve? What discoveries will you make? What will a president who comes here in twenty or fifty or one hundred years say about what all of you did for this country?

Your families, your teachers, and I are doing everything we can to make sure you have the education you need to answer these questions. I’m working hard to fix up your classrooms and get you the books, equipment and computers you need to learn. But you’ve got to do your part too. So I expect you to get serious this year. I expect you to put your best effort into everything you do. I expect great things from each of you. So don’t let us down – don’t let your family or your country or yourself down. Make us all proud. I know you can do it.

Thank you, God bless you, and God bless America.

barackmalia

The Arts Council of Indianapolis kicked off the 2009-10 fall arts season today with its annual Start With Art luncheon at the Indiana Convention Center.

startwithart

Congratulations to the following award recipients:

• Corporate Award: Duke Energy. The company received the award for its support of the Indianapolis Symphony Orchestra through direct corporate contribution — totaling more than $1.3 million — and title sponsorship of the ISO’s annual “Yuletide Celebration.”

• Small Business Award: Varnau Creative Group. Varnau has worked with an array of local arts organizations and has provided pro bono marketing and design services for the Julian Center, the D.A.R.E. Indiana Charity Golf Outing and others.

• Volunteer/Patron Award: Eugene and Marilyn Glick. The Glicks have donated millions of dollars to the Indianapolis Cultural Trail and its new Peace Walk, and to the Indiana Historical Society. They also have made significant contributions to visual art organizations, including the Indianapolis Art Center, the Indianapolis Museum of Art and Ball State University.

• ARTFUL Impact Award: The Indianapolis Airport Authority’s public art program at the new Indianapolis International Airport. The $3.9 million public art program includes works from local and national artists throughout the airport. The award is given to an individual, event or institution that has made a significant impact on the arts in Central Indiana in the past 12 months.

• Beckmann Emerging Artist Fellows: Diane L. Lewis (literary artist) and Emily Budd (sculptor). They will receive $3,500 each, and hands-on mentoring.

Source: Indy Star

Google has received a design patent for its minimalist home page.  The patent covers a “Graphical user interface for a display screen of a communications terminal.”  Subject to how the patent is enforced, Google now has a monopoly on having a giant search box in the middle of the page, with two big buttons underneath and several small links nearby.

googlepatent

Click over to Valleywag for the full story.

New post over at the Oregon Intellectual Property Blog re: a trademark lawsuit filed by Boise State University against grocery chain Fred Meyer for selling unauthorized sports merchandise. I see Colts/IU/Notre Dame, etc. merchandise all the time in grocery stores, gas stations and tailgates across Indiana…wonder how much of that is authorized. Anyway, check out the post for the full story.

Check out the Indiana Intellectual Property & Technology Blog…there’s a new post series starting entitled “A Legal Primer for Bloggers.”  If you’re a blogger (or represent a blogger) and haven’t given much thought to the applicable legal issues, please give it a read.

Indiana Intellectual Property Blog

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