There is a strange transition occurring in the IP world right now. Lawyers can increasingly be heard at conferences and cocktail receptions talking about how important it is to pick one's battles, and warning peers not to use IP law too aggressively. Engage, explain, let it go if possible: it sounds more like the mantra of a yogi than an IP lawyer, and yet we hear it more and more each day in trade mark and copyright circles. In an age when consumers have just as much ability to generate negative press as industry critics and seasoned journalists, IP lawyers are becoming ever more aware of how closely their actions and policies are tied to PR and brand image. And so the recording industry's continued belligerence is becoming somewhat surprising, even to the IP community.
