Good night, 2008

Phoenix eve

Originally uploaded by Ron Coleman

What a year.

Best of 2008: “Phoenix, God’s Oven” (July)

This was posted on July 24th:

Beautiful plaza in God’s oven, Phoenix

Originally uploaded by Ron Coleman

This is a really beautiful picture that, in the air conditioned comfort of home and after using two different computer programs to leach the excess photons out of it, actually makes Phoenix look like a place you would want to be in the summer for one or two minutes.

Have I mentioned that it’s not?

I could barely even open my eyes while taking this picture. That was with sunglasses. Dark ones. Of course there was also a waterfall in front of me. You never heard of the waterfall in the middle of the western Arizona desert? Yeah. Coleman Falls. It runs off my scalp down the smooth bed of my shiny forehead, cascades right past my squinting eyes, and deposits in the gentle basin forming around my shirt collar.

But with computer simulation, it almost as if the color green could be perceived by human sight in Phoenix in July. So you enjoy that.

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Phoenix, God’s oven

Beautiful plaza in God's oven, Phoenix

Beautiful plaza in God’s oven, Phoenix

This is a really beautiful picture that, in the air conditioned comfort of home and after using two different computer programs to leach the excess photons out of it, actually makes Phoenix look like a place you would want to be in the summer for one or two minutes.

Have I mentioned that it’s not?

I could barely even open my eyes while taking this picture. That was with sunglasses. Dark ones. Of course there was also a waterfall in front of me. You never heard of the waterfall in the middle of the western Arizona desert? Yeah. Coleman Falls. It runs off my scalp down the smooth bed of my shiny forehead, cascades right past my squinting eyes, and deposits in the gentle basin forming around my shirt collar.

But with computer simulation, it almost as if the color green could be perceived by human sight in Phoenix in July. So you enjoy that.

A tale of two Districts

It was the best of times, it was the worst of times!

In one city (New York), a judge determines that an Internet retailer’s use of thumbnail product images, even those published by a manufacturer to sell its own products, is permissible “fair use” when used by the Internet retailer to sell that manufacturer’s own products, and hence dismisses a claim for copyright infringement by the manufacturer. In another city (Phoenix), that same fact pattern and the same statute results in a trial for copyright infringement!

In the same city (New York) that dismisses the copyright claim, the same judge rules that a claim for tortious interference with contract can go forward to trial despite the absence of any proof of direct communication or transaction between my client and the allegedly-interfered-with party, or of a coherent damages claim, or specific knowledge of who that party is or what its contrast says. In the other city, a judge says no set of facts could render such a preposterous claim for third-party interference with contract actionable and throws out the identical claim before trial!

Later, in the latter city — Phoenix — the judge throws out all the other side’s damages claims for copyright infringement during the trial — the best of times! — and dismisses their unfair competition claim too on our motion after the close of their evidence. But that same Phoenix judge keeps on an advisory jury on to determine whether my client has committed copyright infringement. The jury comes back and says my client mostly had committed infringement, handing me my first ever jury trial loss — the worst of times!!! (That’s for me, not for my client, though, so he’s happy and it goes back to “best.”)

And I spend four days and nights in Phoenix, an architecturally and ecologically stunning location where everyone is as nice as pie — the best of times! But in July it is THE HOTTEST PLACE I HAVE EVER BEEN IN AND EVERY MINUTE SPENT OUT OF DOORS IS LITTLE MORE THAN A TASTE OF SATAN’S VERY OWN FIERY HELL SUCH AS IS RESERVED FOR THE WORST OF SINNERS …

The worst of times.

I’m going home tonight with a pretty good trial result and leaving all those scorching rays behind me — so it goes back to the best!

Phoenix eve 2

Phoenix eve

Originally uploaded by Ron Coleman

Unbelievable day at trial. Maybe we’ll talk about it some day. Let’s see how tomorrow goes! Have me in mind…

Phoenix eve

I’m back in Phoenix, picking a jury early tomorrow morning.

I promise you we’re on the side of the angels, so you can pray or “have me in your thoughts” without reservation, and not just because we’re friends.

Attorney Ronald D. Coleman