Posts Tagged ‘ intellectual property ’

Microsoft prevails over eight-year-old attempt to block its phone sales

August 30, 2015
posted by

Engadget    

"Remember the heady days of August 2007, when the iPhone had barely reached store shelves and the Nokia N95 was all the rage? The US International Trade Commission sure does. After reviewing an 8-year-long case, the ITC has ruled that Nokia's phones (now Microsoft's) don't infringe on InterDigital patents covering 3G cellular technology. The decision eliminates the possibility of an import ban that would have prevented Microsoft from selling many of its phones in the US, including modern day Lumias. Things very nearly didn't go the company's way -- a judge had ruled in April that Microsoft was using InterDigital's patents, which would have forced the folks in Redmond to pay up." (08/29/15)

http://tinyurl.com/nt46vb9  

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Ashley Madison’s owners give in to temptation to misuse the DMCA

August 25, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Mitch Stoltz  

"Copyright is a poor tool for making embarrassing information disappear from the Internet. It rarely succeeds, and often draws more attention to whatever was embarrassing or harmful. Copyright isn't designed for keeping secrets (in fact, it was generally meant to do the exact opposite by encouraging disclosure). Yet people keep trying to use copyright law, in part because takedown notices under the Digital Millennium Copyright Act are quick and easy, and because the rhetoric of 'theft' and threats of ridiculously large penalties can be quite scary. The latest to abuse the DMCA is Avid Life Media, the owner of the Ashley Madison website, which bills itself as 'the most famous name in infidelity and married dating.' Ashley Madison's owners have been sending numerous DMCA takedown notices to platforms like Twitter, Reddit, and others in an attempt to stop the dissemination of millions of names and email addresses of the site's users." (08/24/15)

http://tinyurl.com/p4stlfn  

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Uber: NOT the networked successor economy you’re looking for

August 23, 2015
posted by

Kevin Carson Center for a Stateless Society
by Kevin Carson  

"In the case of 'ride-sharing' services falsely so-called, the sharing economy is ideally suited to genuine p2p organizational forms -- horizontal and open-source, owned and self-organized by the actual drivers and/or passengers themselves. Uber and Lyft, despite the fact that new network technologies render the corporate form entirely superfluous, are -- just like Nike and Apple and other corporations that don't actually produce anything any more -- attempting to use 'intellectual property' (in this case a proprietary, walled-garden app), enforced by their capitalist state, to enclose the new technologies of abundance and extract rent from them." (08/22/15)

https://c4ss.org/content/39947  

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TPP’s copyright term extension isn’t made for artists — it’s made by and for big content companies

August 18, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Andrew Hunter  

"Extending copyright does not help artists, creatives and those people who rely on *creating*, rather than exploiting, copyrightable work for a living. Like fashion, much of the work that puts food on my table in fact encourages sharing and copying, as it is work meant to be disseminated as far and wide as possible. Those who do stand to gain from an copyright extension are those who profit from the importation of foreign works for distribution in Canada or those who posses the rights to already profitable properties. Do not for a moment believe that it will help emerging filmmakers like myself, or my colleagues, become successful. There are much greater hurdles to just creating a work for someone like myself to be concerned than whether an extra 20 years after my death my descendants will help them." (08/17/15)

http://tinyurl.com/ndhtsy2  

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Pharmaceutical prices, patents, and the FDA

August 18, 2015
posted by

Ludwig von Mises Institute Ludwig von Mises Institute
by Timothy D Terrell  

"In contrast to the widespread notion of most of the public and most policy commentators, it is not at all clear that patents are essential to drug innovation. Even where new drugs could be reverse-engineered and copied, innovation could still be rewarded in a world without patent laws. ... First-mover advantages may be important, as could the inevitable delays in ramping up generic drug production. Nicolaisen mentions a survey of R&D labs and company managers that indicated that they believed trade secrets to be more effective than patents in getting a return on an investment." (08/17/15)

https://mises.org/library/pharmaceutical-prices-patents-and-fda  

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Will America’s drug lobby destroy the TPP?

August 17, 2015
posted by

Cato Institute Cato Institute
by K William Watson  

"For all the talk about the Trans-Pacific Partnership being a high-standard agreement that will set the rules for trade in the 21st Century, the trickiest and most important negotiations have revolved around very traditional trade barriers. Protections for agricultural products, automobiles, and apparel are as politically intractable as they are harmful to the economies of the region. How negotiators are able to resolve these issues has significant bearing on the ultimate value of the TPP. Unfortunately, the United States seems determined to complicate this important work with petty, unreasonable demands for pharmaceutical protections." (08/17/15)

http://tinyurl.com/qbnrpcl  

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Reminder: Patent trolls are not the worst thing about intellectual property

August 6, 2015
posted by

Mises Canada
by Ash Navabi  

"Patent trolls are companies whose entire business model is to file patent suits against legitimate businesses, in order to extort them for money. Patent trolls are bad. However, they are not the worst thing about the current intellectual property regime. In fact, they may be one of its best features. ... unlike many 'legitimate' owners of IP, patent trolls allow new and innovative products to come to market. Yes, they demand a fee. But at least the market has new products. Compare this to 'legitimate' IP owners (whether they be for patents or copyrights), who want to force injunctions against their competition. By stopping their competition, not only are they robbing the market of new goods and services immediately, they are also keeping their own prices higher than they otherwise would be, as well as slowing down the pace of innovation." (08/05/15)

http://tinyurl.com/nen4y4c  

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Movie studios seek SOPA power through broad site-blocking order

August 4, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Mitch Stoltz  

"Major movie studios are again trying to make a website they don't like disappear without a trial. This time, the studios are asking for one court order to bind every domain name registrar, registry, hosting provider, payment processor, caching service, advertising network, social network, and bulletin board -- in short, the entire Internet -- to block and filter a site called Movietube. If they succeed, the studios could set a dangerous precedent for quick website blocking with little or no court supervision, and with Internet service and infrastructure companies conscripted as enforcers. That precedent would create a powerful tool of censorship -- which we think should be called SOPApower, given its similarity to the ill-fated SOPA bill. It will be abused, which is why it's important to stop it from being created in the first place." (08/03/15)

http://tinyurl.com/p4kgyvw  

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TPP undermines user control and that’s disastrous for accessibility

July 28, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Maira Sutton  

"The Trans-Pacific Partnership (TPP) threatens all users' ability to access information and participate in culture and innovation online, but it's especially severe for those with disabilities or who otherwise depend on content in accessible formats. That's because it doubles down on broken policies that were heavily lobbied for by Hollywood and other major publishers that impede the distribution of accessible works." (07/27/15)

http://tinyurl.com/nlhbplb  

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China: Police bust phone manufacturing entrepreneurs to protect IP monopolists

July 27, 2015
posted by

Reuters Reuters    

"Police in Beijing have busted a factory that produced more than 41,000 fake iPhones worth as much as 120 million yuan ($19 million), including some that reached the United States, and have arrested nine suspects in the counterfeiting operation. Apple is one of the most popular brands in China, where authorities have stepped up efforts in recent years to dispel the country's reputation for turning out counterfeit goods. Officials have taken stiffer action to enforce intellectual property (IP) rights [sic], pushed firms to apply for trademarks and patents and cracked down on fakes." (07/27/15)

http://tinyurl.com/p2kft33  

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Austrian Economics Center, Hayek Institute, other liberal groups come out for stronger intellectual property protection

July 21, 2015
posted by

C4SIF Center for the Study of Innovative Freedom
by Stephan Kinsella  

"To their credit, none of the Mises Institutes that are part of the Mises Global network, nor the Cato Institute, nor the Cobden Centre, signed this letter. Indeed, American groups seem under-represented on this list, perhaps because of the growing awareness over here among free market libertarians that IP is monstrous and utterly incompatible with liberal principles." (07/21/15)

http://tinyurl.com/pczf3yn  

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EFF stands with innovative developers in the wake of Oracle v. Google

July 1, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Fouondation
by Mitch Stoltz  

"The Supreme Court's refusal to review the Federal Circuit's dangerous decision in Oracle v. Google means that court's decision will stand for now. EFF, along with leading computer scientists and copyright practitioners, thinks the Federal Circuit got it wrong: the legal precedents that the Federal Circuit refused to follow, as well as the realities of software development, argue against treating application programming interfaces (APIs) as copyrightable. And while the case isn't over, we’re worried that litigious, well-heeled software companies will begin to threaten innovative developers with lawsuits, or demand license fees, when they create interoperable software by using or re-implementing an API." (06/30/15)

http://tinyurl.com/nk3666y  

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Chilling the Net

June 25, 2015
posted by

CounterPunch CounterPunch
by Binoy Kampmark  

"It has been an enduring question: how to monetise ideas and intellectual property, and ring them in an effort to stave off the imitators and pilferers. In this view, ideas are not to be shared so much as loaned on interest, or transferred by fee. The central result of this will always be the same: censorship, restriction, and limits. These moves are always framed as protective ones, whether to the consumer, or the creator of that copyrighted material. Australia is a country very much interested in the anti-piracy push. It should hardly come as surprising to a country with a notorious love affair for censorship, at one point on par with provincial Ireland in its prudish desire to ban." (06/25/15)

http://www.counterpunch.org/2015/06/25/chilling-the-net/  

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To Taylor, love freedom

June 25, 2015
posted by

Mises Canada
by Ash Navabi  

"Dear Taylor Swift .... As I understand your letter, your grievance with Apple can be summed up with your statement that 'it is unfair to ask anyone to work for no compensation.' ... If Apple is truly asking you (and other artists) to provide them with labour or products with absolutely no compensation, then I agree that would be an unfair deal. ... But your position seems to be rooted in the tradition of so-called intellectual property, such that your ideas (songs, lyrics, etc.) can be purchased from you and only you (or your agents), and no one is allowed to resell or recycle or remix any of your ideas -- even after a purchase! -- without your express permission, or paying you a toll. But Taylor, isn't this position that people pay you every time they want to use your idea, or share it with someone else, after already paying you once ... a little weird?" (06/24/15)

https://mises.ca/posts/blog/to-taylor-love-freedom/  

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Intellectual property: In search of real evidence

June 16, 2015
posted by

Adam Smith Institute Adam Smith Institute
by Ben Southwood  

"There are many problems with economic research on the costs and benefits of intellectual property protections. For one, the most common measure of research output is the rate of patenting; but changing the strength of patents both changes the incentives over doing research and the incentives over patenting that research, introducing a huge bias." (06/16/15)

http://tinyurl.com/p8ck9jy  

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Should libertarians support the TPP?

June 14, 2015
posted by

David S. D'Amato Bleeding Heart Libertarians
by David S D'Amato  

"Arguably, libertarians' opinions on the TPP, on whether the new trade rules are 'net liberalizing' (to borrow a helpful phrase from the Cato Institute's Dan Ikenson) ought to turn on their positions on intellectual property law. If we can square intellectual property law with libertarianism, with our defenses of private property and open market competition, then the TPP may seem quite libertarian. If, however, we can't reconcile intellectual property law and basic libertarian principles, then it becomes rather difficult to see the TPP as a way to bring the global economy closer to what libertarians mean by free trade." (06/12/15)

http://tinyurl.com/o654k6t  

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Rather than make a bad bill look more like a good bill — just pass the good bill

May 31, 2015
posted by

Seton Motley Heartland Institute
by Seton Motley  

"Some in government are yet again using a tiny private sector problem to allegedly justify a massive government private sector invasion. Proposed is a huge government hammer. To obliterate -- a gnat. The gnat in question is the 'patent troll' -- a term the Theft Coalition loves (and likely coined). Theft Coalition? These are people who steal intellectual property -- and are now looking to have government legalize their heists." [editor's note: I was hoping Heartland's support for the eminent-domain enabled corporate welfare "Keystone XL" project was some kind of bizarre brain fart, rather than the developing rule; this paean to fake property rights seems to indicate that the anti-libertarian rot is unfortunately even more advanced than was obvious - TLK] (05/29/15)

http://tinyurl.com/njtyf7w  

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DRM, not even once

May 14, 2015
posted by

A Geek With Guns
by Christopher Burg  

"Let this be a lesson to other companies. If you try to control how your customers use your product you're going to have a bad time. Companies like to use the combination of DRM and selling a device that relies on consumables at a loss. The most famous market that has built an industry around this combination are printers. Most printers are sold either at a loss or for no profit with the expectation customers will buy overpriced printer ink from the manufacturer. DRM is usually used to prevent third-party ink cartridges from functioning although the schemes are almost always bypassed. Keurig thought it could get away with such a scheme for its coffee maker. But I think Keurig made a fatal mistake." (05/13/15)

https://blog.christopherburg.com/2015/05/13/drm-not-even-once/  

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Trademark terrorism

May 8, 2015
posted by

Liberty Blitzkrieg Liberty Blitzkrieg
by Michael Krieger  

"In one of the most embarrassing cases I've ever seen of corporate overreach, Copthorne Hotels sent a cease and desist letter to a village that has used its name for almost a millennium, claiming the tiny hamlet of 5,000 was infringing on its trademark. I wish I was making this up." (05/06/15)

http://tinyurl.com/paf2o8q  

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How can you be an anti-IP patent attorney?

May 3, 2015
posted by

Stephan Kinsella Center for the Study of Innovative Freedom
by Stephan Kinsella  

"I started practicing law in 1992, and patent and intellectual property law about a year later, in 1993, and became a registered patent attorney in 1994. Right around the same time, I also became anti-IP around that same time and started speaking and publishing about my anti-IP views around 1994-95." (04/30/15)

http://c4sif.org/2015/04/how-can-you-be-an-anti-ip-patent-attorney/  

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Help EFF defend the right to tinker with your car

April 30, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Kit Walsh  

"Vehicle manufacturers like General Motors and John Deere are citing a particularly strange and onerous provision in copyright law to claim that you need permission to tinker with, repair, and innovate around your own car. According to them, you may own the parts, but you don't own your copies of the car software that makes them work. For months, we have been working to fix that by calling on the Librarian of Congress to issue an exemption to this provision. Now the car companies have taken notice. They've come out in force to insist that you don't really own your car, and that you can only tinker with or even look at the code if you have their permission." (04/29/15)

http://tinyurl.com/nxoecfm  

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What you need to be solid on IP

April 30, 2015
posted by

Stephan Kinsella Center for the Study of Innovative Freedom
by Stephan Kinsella  

"We stand upon the shoulders of giants. Rothbard was such a monumental figure and genius, and did so much for libertarian theory and to advance Misesian Austrian economics. Even so, there are some gaps in his framework, and a couple of missteps. I'd say the gaps include a fully developed rights framework (which he basically admitted in his comments on Hoppe's argumentation ethics), and his lack of attention to and emphasis on the importance of scarcity to human action and property rights. Hoppe's own focus on this feature is why Hoppe was able to easily see the truth about IP, without even much reflection, apparently, when it takes others (including me) several years to finally see the IP issue properly." (04/29/15)

http://c4sif.org/2015/04/what-you-need-to-be-solid-on-ip/  

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Come take it, I Deere you

April 29, 2015
posted by

C4SS Center for a Stateless Society
by Nick Ford  

"If you've been paying attention to the trends of copyright law in the last ten years or so you may have noticed something: Corporations are gaining more and more power over what they claim is rightfully 'theirs.' One of the largest company in making agricultural machinery, John Deere, is the latest in this destructive trend that continues to dispossess those who are less economically advantaged. In this case the farmers are getting hit hardest." (04/29/15)

http://c4ss.org/content/37412  

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EFF to federal circuit: Don’t reward the patent troll that lies in wait

April 29, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Vera Rainieri  

"Suppose you get sued by a patent troll. You then learn that the troll has been sitting on its patent for years without giving you any warning. If you'd known about the risk, you might have been able to design your product differently to avoid infringement. Even worse, when you try to prove that the patent covers an obvious invention, all of the best evidence (such as websites or code repositories) has disappeared because of the passage of time. Instead of winning the case, you must pay years worth of damages to the troll. The legal doctrine of 'laches' is supposed to shield defendants from this scenario. If a plaintiff simply sleeps on his rights and as a result harms the ability of a defendant to defend himself, courts can refuse to enforce the plaintiff's legal claim." (04/28/15)

http://tinyurl.com/q2lzwqh  

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Google unveils experimental patent buying program, makes open call to IP owners

April 27, 2015
posted by

GeekWire    

"Google this morning unveiled a new experimental patent acquisition program, seeking to upend the secondary market for patents by offering patent holders the ability to pitch the company on purchasing their intellectual property. ... The program is a response to the current state of the secondary market for patents. One of the easiest ways for people to sell a patent is to turn to non-practicing entities, better known as patent trolls -- companies that will buy up patents and then use them to demand payment from smaller firms that can’t afford to defend themselves from an infringement lawsuit." (04/27/15)

http://tinyurl.com/lr9q8c7  

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