Dennis Kennedy

Technology Law and Legal Technology. Dennis Kennedy is one of the few technology lawyers who is also an expert on the underlying technologies. Dennis an award-winning leader in the application of technology and the Internet to the practice of law. gives you access to a wide variety of Dennis Kennedy's resources on legal technology, his writings, his well-known blog, DennisKennedy.Blog, and information about how you can have Dennis speak to your organization or group.

Dennis Kennedy is one of the most knowledgeable legal technologists you will find. - Michael Arkfeld.

Dennis Kennedy, a lawyer and legal technology expert in St. Louis, Mo., has been a significant influence in the ever-evolving relationship between lawyers and the Web. - Robert Ambrogi

Archive for August, 2007

The Link Blog Alternative

Monday, August 6th, 2007

Denise Howell’s recent post, “Link Blog Love,” (especially Brandy Karl’s quote) captures some of my recent feelings about using the Google Reader Shared Items feature and running an RSS feed off of it to create a linkblog and feed. Lately, Denise’s link blog feed is one of my favorite things to do in RSS-land. I learn new things and enjoy when we spot the same items.
I’ve long wanted to do a linkblog and, even though I’ve considered a few approaches, nothing has worked as well as this one.
Why a linkblog for me? Or, better, why would you be interested in my linkblog and feed?
Well, I started out in 1995 with my first web page and it was a collection of links. I’ve always enjoyed the whole notion of links and pointing people to useful, interesting information. My belief is that you help people on the Internet equally as much by pointing them to places that might answer their questions as you do by providing answers.
My linkblog serves several purposes. It lets me capture posts and feed items that interest me and collect them in one place where I might return to them later. I might grab items that relate to an upcoming article or presentation (expect to see more items on personal knowledge management in the linkblog in the near future) or examples of great writing, useful tips, and, most often, stuff that makes me think. Although some of the items might one day lead to a blog post, the idea of the linkblog is like ripping and reading articles from publications – good to read now, but potentially useful in the future. It’s not all stuff that I agree with (and, in some cases, it’s just the opposite). It also gives you a taste of the blogs I read regularly and deliver that to you in the form of a feed.
Will that interest you? I don’t know, but I suspect that it will if you are a regular reader of this blog and use a newsreader. The linkblog definitely supplements this blog and you can think of it as a “for further reading” section. Because I use it for my own purposes (and as a substitute for a bookmarks/favorites tool), I’ll warn you that you might see a large volume – 50 or more items – on some days and my choices have been described by more than one person as “eclectic,” but that shouldn’t surprise you. However, there’s no need to read all the items. Just sample what interests you and follow where they lead. If you find something that helps you every now and then, then I’m doing a good job with it.
Give my linkblog and linkblog feed a try and let me know what you think. If you are doing a similar linkblog, let me know and I’ll give it a try.
I’ve also been thinking that a simple linkblog and feed might be a good way for someone who is hesitant about committing to writing a blog to dabble in blogging in an easy way and still create a valuable resource.
[Originally posted on DennisKennedy.Blog (]
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Plagiarism, Splogs and Fair Use of Web Content

Thursday, August 2nd, 2007

Elinor Mills has an article on (and also in the NY Times) called “Please Don’t Steal This Web Content” that I recommend to anyone who publishes materials on the Web. Elinor talked to me during her preparation and there are some small quotes from me in the article, briefly summarizing some basic legal points.
The money quote, from Matt Cutts of Google:

For sites that syndicate their content through feeds, adding a link to the original source of the article at the top or the bottom of a page with wording to the effect of “this article was originally printed here” will help ensure that Google’s search engine displays the original item, not a reproduction, on a scraped site, [Cutts] said.

I like that quote because it validates the technique I decided to adopt quite a while ago as the best practical defense against splogs and automatic “repurposing” of my posts.
In response to the article, John Palfrey made some excellent points in his post “CNET Touches on Blogs and Copyright Issue“about how it’s difficult to believe that there’s still so much uncertainty and such a lack of workable enforcement or compensation mechanisms. It’s something that more of us should be thinking about. I’ve wished for a few years that Creative Commons would take more of a lead role in the practical aspects, but maybe it’s time to look in other directions.
Denise Howell makes a similar point here when she writes: “I have long thought Creative Commons moves us significantly closer to this third estate media ecosystem, but doesn’t quite take us all the way there.”
[Originally posted on DennisKennedy.Blog (]
Read the blog posts and RSS feed items I find most interesting on my new linkblog or subscribe to its RSS feed.
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Electronic Discovery: Six Months after the FRCP Amendments

Wednesday, August 1st, 2007

Amendments to the Federal Rules of Civil Procedure became effective in December 2006 with expectations that they would constitute a sea change in electronic discovery practices in the US. Has that actually happened?
In The New Federal Rules on Electronic Discovery: The First 180 Days, John Tredennick, Craig Ball, Joe Kashi, Sharon Nelson, Browning Marean and I have a roundtable discussion about the real-world impact of these rule changes. It is informative and it will make you think. We deal with the changes we’ve seen (and haven’t seen), native file production, state court developments, and then check our crystal balls for predictions.
There are many choices for the money quote in this excellent article, but let me give my money quote award to John Tredennick, who says:

As the volumes of native files continue to mount, there is little chance of going back to paper discovery. There aren’t enough trees in the forest for one thing, let alone enough printers to spit out the paper. And, our clients would go broke trying to manage the process. No, electronic discovery is here to stay and paper discovery is on the way out. That means new techniques will have to be developed to handle the mountain of electronic content and lawyers will have to get comfortable with the fact that they will not be able to review every document.

The article is part of an excellent new issue of the ABA Law Practice Management Section’s new webzine Law Technology Today, of which I am a member of editorial board. I invite you to check out the entire article because you will be rewarded with some useful, practical articles and great information.
[Originally posted on DennisKennedy.Blog (]
Read the blog posts and RSS feed items I find most interesting on my new linkblog or subscribe to its RSS feed.
Technorati tags: e-discovery