Posts Tagged ‘ intellectual property ’

The origins and intentions of copyright

March 27, 2015
posted by

Future of Freedom Foundation Future of Freedom Foundation
by Joseph S Diedrich  

"What is the purpose of copyright law? Conventional wisdom asserts that it protects the rights of authors, spurs creativity, fights plagiarism, and benefits the public as a whole. The Aereo decision, however, clearly benefits big media without advancing any of copyright's ostensible aims. A look into the origins and intentions of copyright will demonstrate that this is neither a fluke nor a misunderstanding." (03/26/15)

http://fff.org/explore-freedom/article/origins-intentions-copyright/  

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This sick capitalism [TM]

March 26, 2015
posted by

Scott Sumner EconLog
by Scott Sumner  

"The media tells us that the Obama administration is trying to get Asian countries to buy into a tighter set of intellectual property rights protections because ... well I'm not quite sure why. Perhaps because President Obama does not believe that Taylor Swift is rich enough. If every Asian teenager gave just 10 cents to Taylor, it would add up to ... quite a bit of money I'd imagine. More seriously, the usual argument is that IP is a way of encouraging new inventions. Yes, Prince had already invented 'Party Like its 1999.' And the Smashing Pumpkins have '1979.' But neither made the real conceptual breakthrough to: 'Party Like Its 1989.'" (03/25/15)

http://econlog.econlib.org/archives/2015/03/this_sick_capit.html  

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The DMCA is a corporate subsidy

March 20, 2015
posted by

A Geek With Guns
by Christopher Burg  

"Planned obsolescence is a term generally used by the economically ignorant to explain the improvement of products over time. ... But there are times when examples of planned obsolescence, that is to say times when companies invested time and resources guaranteeing a product would cease to function after a certain period of time, can be found. Not surprisingly most of these examples rely on various corporate subsidies put into place by the state. One of those subsidies is the Digital Millennium Copyright Act (DMCA). The DMCA criminalizes the production and distribution of technology that circumvents copyright protection schemes, which are commonly referred to as Digital Rights Management (DRM). How is that a corporate subsidy? Let's take this case of actual planned obsolescence as an example ..." (03/19/15)

http://tinyurl.com/qhapj8d  

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Will the US Senate allow Big Media to hold blind people for ransom?

March 18, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Jeremy Malcolm and Maria Paz Canales  

"In Jewish religious law, there is an offence called lifnei iver (literally, 'before the blind'), that prohibits placing stumbling blocks before blind people, deriving from a verse of scripture also accepted by Christians and Muslims. This offense seems so obvious that it hardly requires a scripture verse to call it out. But the authors of the Torah obviously didn't count on the Motion Picture Association of America (MPAA), who are doing exactly that. The stumbling block in question is a reported attempt to link the ratification of a WIPO treaty for people who are blind (the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities) with the ratification of a completely unrelated and earlier treaty, the Beijing Treaty on Audiovisual Performances that benefits the motion picture industry." (03/17/15)

http://tinyurl.com/pnlqdse  

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Patent troll ArrivalStar is back, extorting money by hiding facts and operating in the shadows

March 17, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Vera Ranieri  

"A few years back, we challenged a patent belonging to ArrivalStar, the notorious patent troll that was sending demand letters to municipal authorities across the country for offering real-time updates on bus and train arrival times. We got many of ArrivalStar's claims invalidated (or at least significantly narrowed) by the Patent Office -- but that was just for one patent. ...We recently heard that ArrivalStar had moved on from municipal agencies and was now sending demand letters to new targets, specifically small businesses that email customers tracking information for packages." (03/17/15)

http://tinyurl.com/lwtjxmr  

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The “Blurred Lines” between influence and copying

March 15, 2015
posted by

C4SS Center for a Stateless Society
by James C Wilson  

"The practice of granting monopolies in the form of copyrights on certain combinations of sounds is problematic. Copyrights restrict freedom of expression, increase the cost of creative works and allow people to live for decades off the works of their ancestors at the expense of the general public. Marvin Gaye was a phenomenal singer, composer, producer and instrumentalist. His murder is undeniably one of the great tragedies of American music. This does not justify his descendants having a monopoly on the bass lines he used 38 years ago." (03/13/15)

http://c4ss.org/content/36419  

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Plain packs: An attack on intellectual property

March 11, 2015
posted by

spiked spiked
by Patrick Basham  

"A taxpayer bailout of Big Tobacco is headed Britain's way. This man-bites-dog scenario will result from today's free parliamentary vote that, despite going ahead without a formal debate, is expected to endorse the introduction of plain packaging for cigarettes. The UK tobacco industry will no doubt then sue the government, the industry will triumph in the legal battle, and the taxpayer will be sent the enormous bill. With the new regulations subject to parliamentary approval, fiscally prudent MPs and taxpaying non-smokers should focus on one critical question: does Australian-style plain packaging damage tobacco companies' brand equity by trampling on their trademark rights?" (03/11/15)

http://tinyurl.com/parc2zo  

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“Blurred Lines” jury awards Marvin Gaye family $7 million

March 11, 2015
posted by

BBC News BBC News [UK state media]    

"A jury in the United States has ruled that the writers of 'Blurred Lines' (one of the best-selling singles of all time) copied a Marvin Gaye track. Jurors in Los Angeles decided that the 2013 single by Pharrell Williams and Robin Thicke breached the copyright of Gaye's 1977 hit 'Got To Give It Up.' The family of the late soul singer has been awarded $7.3 million in damages. Thicke and Williams denied copying the hit, and their lawyer said musicians would find the ruling chilling. Gaye died in April 1984, leaving his children the copyright to his music. " (03/10/15)

http://www.bbc.com/news/entertainment-arts-31825059  

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End government favors for big biotech

March 8, 2015
posted by

C4SS Center for a Stateless Society
by James C. Wilson  

"Monsanto uses patents to monopolize food production, contaminating the crops of others with impunity. The company has filed suits against 140 farmers and reached settlement with an additional 700 involving patented seed. They use the notorious Pinkerton detective agency to harass farmers and collect specimens without regard for others' property. The US Supreme Court has upheld Monsanto's claims against farmers whose crops contain varieties the company holds patents for. Monsanto has since promised not use this power against farmers whose crops contain 1% or less of 'their' seed. Strange world we live in, that it is seen as an act of good will for a company to not sue farmers whose crops they contaminated. If anything, the farmers should sue Monsanto for the contamination. Enforcement of state-granted monopolies, like patents, leads to surreal results in the real world." (03/07/15)

http://c4ss.org/content/35913  

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Florida: Terrible, horrible, no good, very bad bills alert

March 4, 2015
posted by

Thomas L. Knapp KN@PPSTER
by Thomas L Knapp  

"The first clue that any bill is terrible, horrible, no good, and very bad is when its sponsors lie about what it's for. The sponsors of 'The True Origin of Digital Goods Act' falsely label it a 'consumer protection' bill. But its purpose is not to 'protect consumers.' Nor is its purpose to 'protect producers.' Its purpose is to make it easier for those who claim 'rights' in 'intellectual property' to track and sue or prosecute people who use that 'intellectual property' without permission." (03/04/15)

http://tinyurl.com/pgvowvn  

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The crisis in drug research and development

March 3, 2015
posted by

John R. Graham National Center for Policy Analysis
by John R Graham  

"The rate of growth of health spending remains moderate, but one area where prices appear to be increasing faster than in recent years is brand-name prescription drugs. Many blockbuster drugs lost their patents by 2012 and many people looked forward to a future when we could all get a month's-long supply of generic drugs for $4. It did not quite work out that way." (03/03/15)

http://www.ncpa.org/pub/ib158  

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The White House doesn’t want you to know the TPP’s looming effects on US copyright laws

February 25, 2015
posted by

Maira Sutton Electronic Frontier Foundation
by Maira Sutton  

"As the White House doubles down on its attempt to pass legislation to fast track secret trade agreements like the Trans-Pacific Partnership (TPP) agreement, their oft-repeated refrain about these deals' digital copyright enforcement provisions is that these policies would not alter U.S. law. ... But such claims are very misleading. Leaked texts have confirmed again and again that the TPP contains Hollywood's wish list of anti-user policies -- the result of years of lobbying and schmoozing with trade delegates." (02/25/15)

http://tinyurl.com/phprxny  

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Texas: Apple must pay patent troll $532 million, jury rules

February 25, 2015
posted by

Gigaom    

"Apple must pay a shell company $532.9 million because iTunes infringes upon three patents related to online patents [sic], a jury in East Texas ruled on Tuesday. The company in question, named Smartflash LLC, is also based in Texas and doesn't make or do anything besides file patent lawsuits, as an Apple spokesperson pointed out. 'Smartflash makes no products, has no employees, creates no jobs, has no U.S. presence, and is exploiting our patent system to seek royalties for technology Apple invented,' said Apple's Kristin Huguet ..." (02/25/15)

http://tinyurl.com/otdknnz  

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Hollywood lobby group’s creepy “open love letter” to the TPP

February 24, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Maira Sutton  

"We didn't know how much copyright maximalists longed for the Trans-Pacific Partnership (TPP) agreement -- until we saw this creepy 'open love letter' to the TPP from one of the biggest, most powerful copyright lobby groups, the Global Intellectual Property Center. We couldn't have made this up if we tried. ... If you didn't know about the harms the TPP would do to our digital rights, this would look like the copyright industry writing an amusing blog post that just turned out strange. But if you think about how this massive secret deal is a long-term scheme to undermine democratic rules and rights we have as users, it comes across as just plain vulgar. This is Hollywood lobbyists playfully celebrating their cozy relationship with secret trade negotiations and the hold they have on our state officials." (02/23/15)

http://tinyurl.com/p4taoqw  

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Photo hobbyist attacked by patent bully

February 17, 2015
posted by

Electronic Frontier Foundation
by staff  

"EFF's client runs Bytephoto.com, which has hosted user-submitted photos and run competitions for the best since 2003. In 2007, a company called Garfum.com applied for a patent on the 'Method of Sharing Multi-Media Content Among Users in a Global Computer Network.' The patent, U.S. Pat. No. 8,209,618, takes the well-known concept of a competition by popular vote and applies it to the modern context of generic computer networks -- despite the fact that courts have ruled that this kind of abstract idea using generic computer technology cannot be patented. In September of last year, Garfum used this patent to accuse EFF's client of infringement, and filed suit. In the motion to dismiss the complaint, EFF argues that the patent should be declared invalid." (02/17/15)

http://tinyurl.com/plczfrw  

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It’s time to destroy DRM

February 11, 2015
posted by

Erick Vasconcelos Center for a Stateless Society
by Erick Vasconcelos  

"From Apple's cat-and-mouse race with jailbreaking phone buyers, to Amazon's move into 'exclusive' programming for its streaming service, to Netflix's region-blocking (enthusiastically supported by the Motion Picture Association of America, a powerful US IP lobby), to rampant user control schemes by console video game makers, DRM has a long record of enabling predatory behavior by politically privileged players in captive 'markets.' The enforcement of 'intellectual property' claims has become so extensive and intrusive that 'rights holders' feel increasingly free to interfere in production of content formerly considered fair use." (02/10/15)

http://c4ss.org/content/35685  

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MusiCare acceptance speech

February 10, 2015
posted by

Showbiz 411
by Bob Dylan  

"These songs didn't come out of thin air. I didn't just make them up out of whole cloth. Contrary to what Lou Levy said, there was a precedent. It all came out of traditional music: traditional folk music, traditional rock 'n' roll and traditional big-band swing orchestra music. I learned lyrics and how to write them from listening to folk songs. And I played them, and I met other people that played them back when nobody was doing it. Sang nothing but these folk songs, and they gave me the code for everything that’s fair game, that everything belongs to everyone." [hat tip -- Nick Gillespie] (02/07/15)

http://tinyurl.com/py72m9k  

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US ranks first in intellectual property [sic] rights [sic]

February 7, 2015
posted by

National Center for Policy Analysis National Center for Policy Analysis
by Jeong Seo  

"It should be noted that although the U.S. ranks number one in the GIPC Index, the Property Rights Alliance ranked the U.S. 17th in its 2014 International Property Rights Index which aims to quantify the strength of both physical and intellectual property rights. IP protection is essential to developing innovative solutions and products in any sector, but perhaps even more so in health care." (02/06/15)

http://tinyurl.com/laegdft  

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Negotiators burn their last opportunity to salvage the TPP by caving on copyright term extension

February 5, 2015
posted by

Electronic Frontier Foundation
by Maira Sutton  

"New reports indicate that Trans-Pacific Partnership (TPP) negotiators have agreed to language that would bind its 12 signatory nations to extend copyright terms to match the United States' already excessive length of copyright. ... Negotiators have been made well aware that there is no economic rationale that can justify this extension. The fact that they have chosen to ignore what is a clear consensus among economists points to the fact that this agreement has not been driven by reason, but by the utter corruption of the process by lobbyists for multinational entertainment conglomerates, who have twisted what is notionally a trade negotiation into a special interest money-grab." (02/04/15)

http://tinyurl.com/qzlsyl3  

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Who will own the Internet of Things? (Hint: Not the users)

January 21, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation    

"From phones to cars to refrigerators to farm equipment, software is helping our stuff work better and smarter. But those features come at a high hidden cost: the rapid erosion of ownership. Why does that matter? Because when it comes to digital products, owners have rights. Renters on the other hand, have only permission. The source of the problem is simple: copyright." (01/20/15)

http://tinyurl.com/ondfvws  

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SCOTUS rules for Teva over MS drug patent

January 20, 2015
posted by

Reuters Reuters    

"The U.S. Supreme Court on Tuesday ruled that Teva Pharmaceutical Industries Ltd can still benefit from patent protection for top-selling multiple sclerosis drug Copaxone, dealing a blow to generic drugmakers looking to market a cheaper rival product. In a 7-2 vote, the justices sent the case back to the U.S. Court of Appeals for the Federal Circuit for further review saying it had not used the correct approach in analyzing whether the patent, due to expire in September 2015, was valid. The appeals court had thrown out the patent in 2013." (01/20/15)

http://tinyurl.com/ow5cfth  

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Our patent mess and the misery of its “trolls”

January 19, 2015
posted by

Anthony Wile The Daily Bell
by Anthony Wile  

Anthony Wile interviews William J. Watkins Jr. Watkins: "When you look at our torts system, especially, there are significant problems. We have moved from a negligence regime where if someone breached a duty of care to another person then they could be held liable for the resulting damages for that breach. That's fairly basic, fairly straightforward. What we are seeing now is a move more toward the idea of strict liability. Of course, strict liability is most often associated with products liability cases but we see this whole concept permeating our legal culture." (01/18/15)

http://tinyurl.com/l9zy5oo  

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Bouncing photons and claiming them as your property

January 16, 2015
posted by

Kent McManigal Kent's "Hooligan Libertarian" Blog
by Kent McManigal  

"You don't own the photons which have bounced off you you. Not even if someone else captures them digitally. Sorry if that upsets you. Yes, I understand if you are upset that someone took an 'upskirt' photo of you. He (or she) acted like a jerk. But you weren't touched in any way, nor were you coerced into changing anything you were doing. You have not been stolen from nor aggressed against. Call the photographer names if you want, but if you use (or threaten) force against him (or her) you are the one initiating force." (01/15/15)

http://tinyurl.com/mrxh6ux  

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Consumers deserve protection against the scourge of DRM — will the UN help?

January 11, 2015
posted by

Electronic Frontier Foundation
by Jeremy Malcolm  

"Normally when you buy a product that has a hidden defect, consumer protection law in your state or country comes to the rescue. For example, if you purchase a product -- say, a book -- it comes with an implicit promise that it will be fit for the ordinary purposes that books are used for, such as allowing you to read it, quote from it, lend it to others, summarize it on your blog, and donate or recycle it when you're done. If the book can't be used in these common-sense ways, and you weren't warned about that before handing over your money, consumer protection laws will generally give you the right to a remedy such as a refund of what you paid. There is no reason why digital products such as e-books should be treated any differently than physical products such as paper books in this regard. Yet in practice, they too often are, and the blame falls on DRM." (0/08/15)

http://tinyurl.com/mkxy8xj  

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Toyota releases hydrogen fuel cell patents for free use

January 8, 2015
posted by

Clean Technica    

"Toyota will be making more than 5,600 of its hydrogen fuel-cell technologies patents free to use for a large number of companies in the industry/sector -- absolutely no charges, including no royalty payments -- according to recent reports. ... Among the many patents being opened up are Toyota’s patents granted in the development of its first hydrogen vehicle -- the 2016 Toyota Mirai. Among the others are patents for software to control hydrogen fueling systems (~3350); patents for fuel stack technology (~1970); patents relating to high-pressure tanks for hydrogen fuel (~290); and patents relating to the production and supply of hydrogen-fuel (~70)." (01/08/15)

http://tinyurl.com/n6256gc  

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