Posts Tagged ‘ intellectual property ’

Is every orc an author?

December 17, 2014
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Corynne McSherry  

"A panel of eleven Ninth Circuit federal judges heard oral arguments yesterday in Garcia v. Google, a copyright case arising from the notorious 'Innocence of Muslims' video that was associated with violent protests around the world. The appellant, Cindy Lee Garcia, argues that she holds a copyright in her five-second performance in the video (a performance she says was tricked into giving), and is trying to use that claim to get the video pulled off the internet. To the shock of many, last February two Ninth Circuit judges agreed she might have a claim and ordered Google to remove the video from YouTube and prevent future uploads. Yesterday’s hearing revisited the facts and law that led to that decision." (12/16/14)

http://tinyurl.com/mydpouj  

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Jury finds for Apple, throws out frivolous billion-dollar lawsuit

December 16, 2014
posted by

Ars Technica Ars Technica    

"After just a few hours of deliberation, a jury of eight men and women threw out a long-running lawsuit against Apple that sought more than a billion dollars in damages. ... The plaintiffs claimed that iTunes 7.0 included updates that were meant to push out Apple competitors like RealNetworks, which had a competing DRM system called 'Harmony.' After the 7.0 update, Real's competing DRM system wouldn't work with iPods. Plaintiffs' lawyers said that move violated competition laws, resulting in Apple dominating the market and resulting in overcharges for iPods. Apple countered that it was Real who should take responsibility for what was basically a hack of Apple DRM." (12/16/14)

http://tinyurl.com/pds7txw  

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Isohunt resurrects The Pirate Bay

December 15, 2014
posted by

ZDNet ZDNet    

"Days after The Pirate Bay was wiped from the Web, many believed that it was only a matter of time before a carbon copy of the website's database reappeared online. Thanks to The Pirate Bay's database of torrent links being freely available for download, it would only take another organization to upload the site's base and cater for traffic levels in order to resurrect the system. It seems the game of whack-a-mole with law enforcement is back on, thanks to Isohunt stepping into the breach. Isohunt, one of many torrent search websites blocked [sic] in countries including the United Kingdom, recreated a version of The Pirate Bay over the weekend." (12/15/14)

http://www.zdnet.com/article/isohunt-steps-in-to-resurrect-pirate-bay/  

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Maybe we should like patents

December 12, 2014
posted by

Adam Smith Institute Adam Smith Institute
by Ben Southwood  

"For a long time I was very sceptical of the benefits of patents. For one thing, they seemed to interfere with other types of property -- Apple's patents over certain shapes for phones mean Google cannot use its factories, materials, etc. in certain ways. For another, I coincidentally had come across work suggesting their benefits are overstated, including Against Intellectual Monopoly (appropriately available in full online) by Michele Boldrin and David K. Levine. But three recent papers exploiting a novel source of data have made me reconsider, since they throw cold water on one of the popular alternatives to patents: innovation prizes." (12/12/14)

http://www.adamsmith.org/blog/economics/maybe-we-should-like-patents/  

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Two bad arguments against IP

December 11, 2014
posted by

C4SIF Center for the Study of Innovative Freedom
by Stephan Kinsella  

"I’ve noted before the dearth of good arguments for intellectual property (There are No Good Arguments for Intellectual Property). In a recent Facebook post, I mentioned two weak/confused arguments used against IP arguments and claims." (12/09/14)

http://c4sif.org/2014/12/two-bad-arguments-against-ip/  

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The state can’t sink our battleship

December 11, 2014
posted by

C4SS Center for a Stateless Society
by Nick Ford  

"Gizmodo reports that Swedish police raided the Pirate Bay, seizing its servers and shutting down its web site on December 9. My first reactions were irritation and even anger. But now I just feel like laughing. The state is an obsolete organization and becomes more and more so as it continuously tries to enforce the unenforceable." (12/11/14)

http://c4ss.org/content/34046  

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Pointing users to DRM-stripping software isn’t copyright infringement, judge rules

December 11, 2014
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Parker Higgins  

"Abbey House Media operated an ebook store for the publishers Penguin and Simon & Schuster from 2010, and was contractually obligated to wrap the ebooks sold in that store with DRM. When Abbey House shut down the ebook store in 2013, it gave its customers a month's notice that they would no longer be able to add new devices to read their purchased books on—and also explained that some customers were using the free software package Calibre to remove the DRM so they would be able to move their library to new hardware. ... Penguin and Simon & Schuster argued that, by making that announcement and pointing to a specific piece of software, Abbey House was engaging in contributory infringement and inducing people to infringe. Fortunately, Judge Cote recognized the problems with those claims and dismissed them both." (12/10/14)

http://tinyurl.com/owvojjh  

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Sweden: Stockholm gangsters steal Pirate Bay equipment, site goes down briefly

December 10, 2014
posted by

ZDNet ZDNet    

"The Pirate Bay is yet to reappear online following a raid in Stockholm by police who confiscated servers and equipment, placing the website in the dark. On Tuesday, access to The Pirate Bay disappeared, together with a number of torrent-related websites. While there was no official word from authorities, sources told TorrentFreak that a raid in Stockholm caused the temporary closure, which was later confirmed by Paul Pinter, police national coordinator for Sweden's IP enforcement. ... At the time of writing, the main website has reappeared with a Costa Rican address, although high volumes of traffic makes access difficult .... The Pirate Bay's magnet link archive has been hosted as a downloadable file itself for some time, and there are likely hundreds of copies of the database stored globally -- especially as the full file is less than 100MB." (12/10/14)

http://tinyurl.com/oyrrpak  

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Music publishers sue Cox for not kicking people off the Internet

December 8, 2014
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Mitch Stoltz  

"The lawsuit filed last week by music publishers BMG and Round Hill against Cox Communications could be the next battle in the major media companies’ long-term campaign to turn Internet service providers into copyright police. BMG and Round Hill are asking a federal court to declare that ISPs like Cox must terminate their customers’ accounts whenever the publishers’ agent -- a company called Rightscorp -- says so. Because Cox didn’t immediately kick subscribers off of its service after Rightscorp accused those subscribers of copyright infringement, BMG and Round Hill say that Cox should pay potentially millions of dollars in penalties." (12/04/14)

http://tinyurl.com/k4u2bpa  

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Copyright law as a tool for state censorship of the Internet

December 3, 2014
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Maira Sutton  

"If the DMCA is US law, how can governments around the world use it to censor speech? The DMCA has become the default template for tech companies to respond to copyright infringement notices. Since many major tech companies have offices in the US, they must comply with US law. But even if they don't operate in this jurisdiction, most major companies have implemented a DMCA-style takedown procedure anyway because it has become a de facto legal norm. It's a norm that is reinforced and exported abroad by dozens of trade agreements that carry provisions that mirror, and further entrench, restrictive interpretations of the DMCA." (12/03/14)

http://tinyurl.com/k2k4cjp  

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Steal our stuff, please

December 2, 2014
posted by

Jeffrey Tucker Foundation for Economic Education
by Jeffrey A. Tucker  

"FEE's product was an idea: the philosophy of freedom. An idea is not like a physical good. Once it is produced, it can be reproduced infinitely. Ownership of ideas is shared by all. You can't take an idea from me. You can adopt the same idea as your own, transform it, and pass it on without reducing the supply or depreciating the original idea. Copyright introduces a coerced artificiality -- by legislation enforced by bureaucracies -- into what would otherwise be a good that could be distributed to the whole world, forever. Every copyright claim is an implicit threat to use government coercion against a person who wants to evangelize for what you produce." (12/01/14)

http://fee.org/the_freeman/detail/steal-our-stuff-please  

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Stupid Patent of the Month: Who wants to buy teamwork from Penn State?

November 25, 2014
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Daniel Nazer  

"Ever wanted to own the latest in 'teamwork' technology? Well, you’re in luck. On December 8, Penn State is holding a large patent auction, and one of the items is U.S. Patent 8,442,839. This patent purports to describe an improved collaborative 'decision-making process.' As well as being a good example of a silly patent, this month’s winner highlights concerns with universities trying to monetize their patent portfolio. Why would a university, which presumably has a mission of promoting knowledge and innovation, sell an unsuccessful patent that has no value except to a troll?" (11/24/14)

http://tinyurl.com/oypwdpe  

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Google, Cisco give in to extortion by “Rockstar” patent troll gang

November 23, 2014
posted by

PC Magazine    

"The patent-holding Rockstar Consortium jointly owned by Apple, Microsoft, and others reached a settlement earlier this month with Google and Cisco over their patent litigation. Rockstar was formed several years ago as a non-product making, patent-holding entity. In 2011, the consortium successfully outbid Google and others for wireless and cellphone patents in Nortel's intellectual property portfolio, then proceeded to launch IP infringement lawsuits against a number of companies. Along with Apple and Microsoft, BlackBerry, Ericsson, and Sony are part of the joint venture. ... Terms of the Google settlement were not disclosed, but the [Wall Street] Journal reported that Cisco's payout will be $188 million." (11/22/14)

http://tinyurl.com/lgd9s87  

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Lyft sues former COO, claiming he shared secret files with Uber

November 6, 2014
posted by

CNet News CNet News    

"Lyft filed a complaint in San Francisco Superior Court on Wednesday alleging [Travis VanderZanden, now Uber's vice president of international growth] downloaded more than 1,400 files and folders to his personal Dropbox account before leaving the company. The company claims some of these documents contained extremely sensitive and confidential information, such as Lyft's roadmap for 2014, financial plans through 2016, growth data and international expansion plans." (11/05/14)

http://tinyurl.com/p66oomf  

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Thailand: Pirate Bay co-founder abducted

November 4, 2014
posted by

The Australian [Australia]    

"A Swedish co-founder of the controversial file-sharing website The Pirate Bay has been arrested while trying to enter Thailand. Fredrik Neij, 36, was stopped late on Monday at the Thai border with Laos, where he had reportedly settled with his Laotian wife. He was the last of the original founders of the influential website, still used by millions across the globe, to remain at large. 'He was arrested yesterday evening as he was about to enter Thailand,' Colonel Panlop Suriyakulna Ayutthaya, commander of Nong Khai border post, said. 'The Swedish government had asked Thai immigration to arrest him because he violated movie copyright causing $5 million damage,' [sic] he said ..."

http://tinyurl.com/okbf5js  

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I thought monopoly was the whole point of “intellectual property”

November 3, 2014
posted by

Kevin Carson Center for a Stateless Society
by Kevin Carson  

"Apple's abuse of DRM increased the price of its products? Yeah, just like copyright and DRM itself increases the price of the record companies' music. The only purpose of copyright and other forms of 'intellectual property,' like any other monopoly, is to enable the monopolist to charge a higher price for the product. A patent or copyright is a monopoly on the right to sell a particular good within a particular market -- it's protectionism, in exactly the same way a tariff is protectionist." (10/31/14)

http://c4ss.org/content/33137  

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Samsung asks judge to invalidate Microsoft IP-trolling contract

November 2, 2014
posted by

MarketWatch    

"Samsung Electronics Ltd. asked a judge to declare invalid a contract under which the company paid Microsoft Corp. more than $1 billion last year, according to a court filing. ... Samsung and other companies that make smartphones and tablets powered by Google Inc.’s Android software have agreed to pay patent royalties for Microsoft intellectual property purportedly included in Android technology. ... in a court filing Thursday, Samsung claimed Microsoft’s purchase of Nokia Corp.'s mobile-phone business in April violated the companies’ business-collaboration contract signed in 2011." (11/02/14)

http://tinyurl.com/lt7lsgx  

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Intellectual propertarians ban Google Glass in theaters

October 30, 2014
posted by

CBS News    

"In a statement Wednesday, the Motion Picture Association of America (MPAA) and the National Association of Theater Owners (NATO) announced an update to their anti-piracy [sic] policies to include a ban on 'wearable 'intelligent' devices,' such as Google Glass. ... Wednesday's change comes after a January incident at a Columbus, Ohio, AMC theater in which a man was questioned by Department of Homeland Security agents after a theater manager suspected he was recording a showing of 'Jack Ryan: Shadow Recruit' on his Google Glass. The investigation cleared him of any wrongdoing." (10/30/14)

http://www.cbsnews.com/news/google-glass-banned-in-movie-theaters/  

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Judge: Manuel Noriega can’t sue Activision Blizzard

October 29, 2014
posted by

New York Daily News    

"Murderous military dictator Manuel Noriega can't sue over his depiction as a bad guy in the blockbuster video game 'Call of Duty: Black Ops II,' a Los Angeles judge has ruled. The dismissal came more than a week after former New York City Mayor Rudy Giuliani argued in court that the brief inclusion of the notorious former leader of Panama, now in jail for murder, in the 2012 game was protected due to Noriega's status as a historical figure." [editor's note: I'm not sympathetic to intellectual property claims, but I do wish that the court had elected to settle the case with a cage-match knife fight to the death between Noriega and Giuliani. Whoever lost, the rest of us would be safer and better off - TLK] (10/28/14)

http://tinyurl.com/pd82c2s  

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“Intellectual property” is why we can’t have nice things

October 28, 2014
posted by

Thomas L. Knapp Center for a Stateless Society
by Thomas L. Knapp  

"So now we don't have Twitpic. Twitpic is dead. Twitter's users, and therefore Twitter, are worse off. All over competing claims of 'intellectual property' in a word. Claims which would be risible if they hadn't destroyed a valuable application. Twitpic's demise doesn't showcase a bug in the 'intellectual property' system. Rather it highlights a feature of that system, a system designed for the sole purpose of using state power to protect established actors from market competition ..." (10/27/14)

http://c4ss.org/content/32951  

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Intellectual property impedes intellectual progress

October 28, 2014
posted by

Students For Liberty Students For Liberty
by Nikki Burgess  

"Because IP law prevents individuals from using property (including their own bodies) in certain ways, the practice originated as a state-sanctioned grant of monopoly privilege to secure loyalty by insulating favorites against competition. It protects big business interests because large corporations more easily assume the high costs of acquiring and defending a patent. Additionally, suggested IP legislation like the Stop Online Piracy Act would grant corporate copyright holders like Warner Bros. a number of special privileges, including the power to shut down websites and enforce U.S. criminal penalties on foreign entrepreneurs." (10/26/14)

http://tinyurl.com/lzkm45x  

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EU court: Embedding is not copyright infringement

October 27, 2014
posted by

TorrentFreak    

"The Court of Justice of the European Union handed down a landmark verdict this week. The Court ruled that embedding copyrighted videos is not copyright infringement, even if the source video was uploaded without permission. ... The full decision has yet to be published officially by the Court's website but TorrentFreak has received a copy (in German) from the defendants' lawyer Dr. Bernhard Knies, who describes it as a landmark victory. The Court argues that embedding a file or video is not a breach of creator's copyrights under European law, as long as it’s not altered or communicated to a new public. In the current case, the video was already available on YouTube so embedding it is not seen as a new communication." (10/25/14)

http://tinyurl.com/n8supnh  

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Google changes “to fight piracy” by highlighting legal sites

October 20, 2014
posted by

BBC News [UK state media]    

"Google has announced changes to its search engine in an attempt to curb online piracy [sic]. ... The new measures, mostly welcomed by music trade group the BPI, will instead point users towards legal alternatives such as Spotify and Google Play. Google will now list these legal services in a box at the top of the search results, as well as in a box on the right-hand side of the page. Crucially, however, these will be adverts -- meaning if legal sites want to appear there, they will need to pay Google for the placement. The BPI said that while it was 'broadly' pleased with Google's changes, it did not think sites should have to pay." [editor's note: Hmmm ... they want very much for me to pay them for music, but don't think they should have to pay Google for advertising. Why am I not surprised? - TLK] (10/20/14)

http://www.bbc.com/news/technology-29689949  

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Illegal copying has always created jobs, growth and prosperity

October 20, 2014
posted by

C4SIF Center for the Study of Innovative Freedom
by Rick Falkvinge  

"Copying brings jobs and prosperity. Copying has always brought jobs and prosperity. It is those who don't want to compete who try to legislate a right to rest on their laurels and outlaw copying. It never works." (10/19/14)

http://tinyurl.com/n93nkeu  

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Pirating textbooks isn’t just against the law, it’s a good idea too

October 17, 2014
posted by

Rad Geek People's Daily
by Rad Geek  

"The textbook industry is an obscene racket, predicated on extraordinary costs and a maze of perverse incentives, controlled by a tightly organized cartel of copyright-monopolists, gargantuan institutional sellers and gargantuan institutional buyers, throwing every ton of their incredible weight onto the shoulders of students, tollgating and massively hampering the dissemination of knowledge. Pirating textbooks isn’t just a good idea. It’s a mitzvah." (10/16/14)

http://radgeek.com/gt/2014/10/16/pirating-textbooks-good/  

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