Posts Tagged ‘ intellectual property ’

“Prize grants” or patents for pharmaceutical innovation?

July 23, 2014
posted by

John R. Graham Independent Institute
by John R. Graham  

"Pharmaceutical enterprises are corporate bureaucracies that blend R&D functions with sales and marketing, regulatory affairs, government relations, and other non-research functions. Licensing can overcome some of the managerial diseconomies of scope in such an organization. However, if there were a new system of pharmaceutical innovation that would allow more specialization in R&D versus other functions, that would be an exceedingly beneficial public-policy achievement." (07/21/14)

http://tinyurl.com/nvpd4gq  

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Rethinking patent enforcement: Tesla did what?

July 20, 2014
posted by

Independent Institute Independent Institute
by William J. Watkins, Jr.  

"Patents are often considered valuable because they allow their owner to sue alleged infringers. Some patent holders, called Non-Practicing Entities or patent trolls, have no plans to actually make the patented product or process. Instead, they prefer to lie in wait, letting someone else do the heavy lifting and then suing just as the new creation is about to take off commercially. This litigation model could have been lucrative for Telsa -- which makes its new policy all the more surprising." (07/18/14)

http://www.independent.org/newsroom/article.asp?id=5032  

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Noriega sues Activision over “Call of Duty”

July 16, 2014
posted by

Los Angeles Times    

"Former Panama dictator Manuel Noriega is suing the Santa Monica video game publisher Activision Blizzard Inc. for depicting him and using his name without his permission in one of the fastest-selling video games. In a lawsuit filed Tuesday in Los Angeles County Superior Court, Noriega alleges that 'Call of Duty: Black Ops II' portrays him as 'a kidnapper, murderer and enemy of the state.'" (07/16/14)

http://tinyurl.com/ne72axz  

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Tech companies work to tame patent trolls without government help

July 16, 2014
posted by

Independent Institute Independent Institute
by William Watkins  

"While it is unfortunate that Congress did not pass reform legislation, how appropriate it is to see innovation in the war against trolls coming from the private sector. This is yet another lesson that if we are going to tame the trolls, don’t wait for the government to act, but instead come up with innovative ways cut into troll power." (07/16/14)

http://tinyurl.com/lucsxsj  

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Feds punish companies that don’t use federal copyright

July 15, 2014
posted by

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

"As discussed in the most recent This Week in Law, the IRS has issued a ruling that makes it more difficult for open-source software groups to claim non-profit status -- because if you develop and release software using an open-source license, then, you know, other people might use it for commercial or other purposes ... So not only does the fedgov foist copyright on people automatically; not only does it make it almost impossible to get rid of it (Copyright is very sticky!); but, now, if you try not to use copyright, e.g. as the open source software movement has very successfully done, the feds will punish you by imposing more taxes on you." (07/12/14)

http://tinyurl.com/lanxwos  

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China: Apple loses patent case over Siri functions

July 10, 2014
posted by

CNet News    

"Shanghai-based Zhizhen Internet Technology won its patent-infringement case against Apple on Monday when Beijing's First Intermediate Court ruled that Apple's virtual personal assistant Siri was infringing a speech-recognition patent Zhizhen holds. ... The Zhizhen patent case doesn't take issue with how Siri works necessarily, but rather the way in which a person's speech is recognized and analyzed." (07/09/14)

http://tinyurl.com/qh3zdx5  

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Lindsay Lohan files frivolous lawsuit over GTA starlet parody

July 3, 2014
posted by

The Inquirer [UK]    

"Notorious actress Lindsay Lohan is suing games developer Rockstar because she is concerned that a young, errant actress character in Grand Theft Auto might be based on her escapades. Lohan has something of a wild child reputation and there is a character in the game that has some of those characteristics. The character in the game is called Lacey Jonas and is a wild young starlet with a knack for scandal and a need to escape the paparazzi." (07/03/14)

http://tinyurl.com/pxfwo6c  

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India’s weak patent rights hurt US trade relationship

July 2, 2014
posted by

National Center for Policy Analysis National Center for Policy Analysis
by staff  

"India's lack of intellectual property right enforcement strains the pharmaceutical trade relationship between India and the United States, explains Research Associate Clinton Ritchey in a new report from the National Center for Policy Analysis. Over the past two years, the Indian government has engaged in a series of policy, regulatory and legal decisions that undermine internationally recognized intellectual property rights. U.S. pharmaceutical companies have had issues keeping their patents protected in India." (07/01/14)

http://www.ncpa.org/sub/dpd/index.php?Article_ID=24583  

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Who should benefit from state-funded art?

June 30, 2014
posted by

Heartland Institute Heartland Institute
by John Engle  

"A creative commons license is a kind of copyright license that gives people the right to use, share, and expand upon a creator’s work whether this is an art work, a piece of literature, or a scientific or academic material. It offers a significant protection against accusations of copyright infringement and is believed by some to offer artists a degree of flexibility they may desire. It is also in the interest of citizens to see that the artwork they pay for through government funding for the Arts is made available for their benefit in some fashion. Mandating creative commons licensing for all state-funded artwork would accomplish that goal." (06/28/14)

http://tinyurl.com/njrnmjd  

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The Supreme Court’s Aereo effect might evaporate Silicon Valley’s cloud

June 27, 2014
posted by

Julian Sanchez Cato Institute
by Julian Sanchez  

"When is an online streaming service like a cable company? The US supreme court's answer on Wednesday -- sure to send chills down the spines of Silicon Valley entrepreneurs -- was this: when five justices think it kinda sorta looks like one. In a 6-3 ruling -- which, in a dissenting opinion, Justice Antonin Scalia predicted would 'sow confusion for years to come' -- the court held that a company called Aereo violates copyright when it lets users tune into broadcast TV signals over the internet. But the 'improvised standard' established by the court's majority in American Broadcasting Companies v Aereo creates new uncertainty about just what an innovative tech startup must do to stay on the right side of the law -- and raises questions about the legal status of familiar cloud services run by companies like Apple and Amazon." (06/25/14)

http://tinyurl.com/pabm8cq  

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Oculus demands jury trial in Zenimax’s frivolous lawsuit

June 26, 2014
posted by

re/code    

"Oculus doesn't appear interested in settling the [frivolous] intellectual property lawsuit brought against it by game publisher ZeniMax. In a new filing in a northern Texas district court, the virtual reality company and Facebook subsidiary reiterated that its CTO, John Carmack, co-founder of ZeniMax subsidiary Id Software, did not misuse any information proprietary to ZeniMax in his work on early versions of the Oculus Rift headset. It goes on to say the ZeniMax 'appeared to have lost whatever interest it had in VR' until after Facebook spent $2 billion on Oculus. 'ZeniMax never claimed ownership rights over the Rift based on any supposed contribution to any technology in the Rift, because ZeniMax knew it had made none,' the filing says." (06/25/14)

http://tinyurl.com/kfg2dvh  

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Only thrice upon a dream?

June 25, 2014
posted by

C4SS Center for a Stateless Society
by Joel Schlosberg  

"Having netted a half-billion dollars and counting for Disney, Maleficent is the latest proof of just how lucrative successively building upon established properties can be in today’s economy." (06/25/14)

http://c4ss.org/content/28594  

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The economics of offensive trademarks

June 24, 2014
posted by

Randall Holcombe Independent Institute
by Randall Holcombe  

"The purpose of a trademark is to identify a firm’s products. If people like the firm and its products, the trademark will attract customers. If people are offended by the firm and its products, the trademark will alert customers to avoid that firm. The market system works to weed out offensive trademarks, and the U.S. government should not be in the business of determining whether trademarks are offensive." (06/23/14)

http://tinyurl.com/mr7f9s6  

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SCOTUS restricts some software patents

June 19, 2014
posted by

Politico    

"The Supreme Court on Thursday ruled that software based on an abstract idea isn’t eligible for a patent but stopped short of declaring all software patents ineligible, in a case that was closely watched by the tech industry. The unanimous decision in Alice Corporation Pty. Ltd. v. CLS Bank International is a small win for companies like Google, Apple, and Microsoft, which called on the court to address widespread confusion over what kinds of software can be patented. But the court’s relatively narrow decision doesn’t provide a much clearer test for determining which inventions can be patented. Nor does it render all software ineligible for patent protection — a goal of some tech giants like Twitter and Netflix." ()6/19/14)

http://tinyurl.com/q4ohlwm  

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Is “Redskins” offensive?

June 19, 2014
posted by

Independent Institute Independent Institute
by William F. Shughart II  

"Political correctness is now rampant. Rather than focusing on issues of real political moment, such as the clear and present danger of Islamist uprisings on the borderlands straddling Iraq and Syria or the looming disaster of healthcare 'reform,' the USPTO has concluded that the nickname of our national capital's professional football team is worthy of public attention and denial of its exclusive commercial use. Other agencies of the federal government have better things to do." (06/18/14)

http://blog.independent.org/2014/06/18/is-redskins-offensive/  

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Protectionism is dead. Long live protectionism!

June 19, 2014
posted by

Kevin Carson Center for a Stateless Society
by Kevin Carson  

"If you follow the news, you regularly various treaties -- GATT's Uruguay Round, NAFTA, CAFTA, TPP -- described as 'Free Trade Agreements' whose purposes are to 'reduce trade barriers.' This is a lie. Without exception, such agreements actually strengthen the one form of protectionism most vital to safeguarding corporate interests against competition in our time: So-called 'intellectual property.'" (06/18/14)

http://c4ss.org/content/28124  

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US patent office cancels Redskins trademark registration, says name is disparaging

June 18, 2014
posted by

Washington Post    

"The United States Patent and Trademark Office has canceled the Washington Redskins trademark registration, calling the football team's name 'disparaging to Native Americans.' The landmark case, which appeared before the Trademark Trial and Appeal Board, was filed on behalf of five Native Americans. It was the second time such a case was filed. ... Federal trademark law does not permit registration of trademarks that 'may disparage' individuals or groups or 'bring them into contempt or disrepute.' The ruling pertains to six different trademarks associated with the team, each containing the word 'Redskin.'" (06/18/14)

http://tinyurl.com/l4yfr68  

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Beastie Boys win $1.7 million in copyright case vs. Monster Beverage

June 5, 2014
posted by

NBC News    

"Beastie Boys' fight for their right to not let Monster Beverage Corp use the hip-hop group's music without their permission resulted in a verdict of $1.7 million on Thursday. A federal jury in Manhattan issued the verdict on the eighth day of trial in a copyright dispute between members of the Brooklyn-born band and the energy drink maker over songs the band says Monster used in a 2012 promotional video without a license." (06/05/14)

http://tinyurl.com/njs9pzo  

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SCOTUS nixes idea of “indirect” patent infringement

June 3, 2014
posted by

The Register [UK]    

"The US Supreme Court has issued a ruling that could help shield companies and end users from patent-troll lawsuits. ... In the opinion, written by Associate Justice Samuel Alito on behalf of the unified court, the Supreme Court argued that in order for a patent infringement decision to be issued, a defendant has to have been shown to infringe upon all steps in a patent rather than a portion." (06/03/14)

http://tinyurl.com/l438j6l  

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Sweden: Pirate Bay founder abducted as threat to IP monopolists after two years on the run

June 1, 2014
posted by

Sydney Morning Herald [Australia]    

"Peter Sunde, founder of file sharing site Pirate Bay, has been arrested following two years on the run after being sentenced to eight months in prison and fined several million pounds for copyright violations. Sunde was one of four Pirate Bay team members pursued by the Swedish police, who raided the Pirate Bay servers eight years ago, leading to criminal charges." (06/01/14)

http://tinyurl.com/k9hjgv2  

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The earliest European debate on intellectual property and the war it caused

May 30, 2014
posted by

Strike The Root
by Lawrence M. Ludlow  

"I came across this wonderful story taken from the Life of Saint Columba, which was written in 1532 by Manus O'Donnell and translated from the Latin text by Andrew O'Kelleher in 1909. It relates an episode from the life of Saint Columba that takes place in Ireland in 561 A.D. It appears to be one of the earliest mentions -- if not the earliest -- of an IP dispute in Western European history. Furthermore, it encompasses two key arguments addressed by Kinsella." (05/29/14)

http://tinyurl.com/othbjom  

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Libertarian views of intellectual property: Rothbard, Tucker, Spooner and Rand

May 29, 2014
posted by

David S. D'Amato Libertarianism.org
by David S. D'Amato  

"The issue of intellectual property rights represents a scission within the ranks of libertarianism, a disagreement not so much about fundamental principles as about how they apply. For many libertarians, patents and copyrights are a necessary component of a legal framework that protects the libertarian system of open competition and individual rights. Yet for others, intellectual property is a form of aggression or coercion, a monopolistic violation of an individual’s legitimate prerogatives. Wherever one lands on the question, given intellectual property’s central role in the global economy, the stakes of the debate are high, the public policy implications far-reaching. The work of prominent libertarians on the intellectual property question thus has renewed importance, informing our conversation about how best our values as freedom lovers are served." (05/28/14)

http://tinyurl.com/m3xs6qt  

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Intellectual privilege

May 28, 2014
posted by

LIbertarianism.org
by  

"Tom W. Bell joins Aaron and Trevor for a discussion on intellectual property, specifically copyright law in the United States. Is there one libertarian stance on intellectual property?" [Flash audio or MP3] (05/26/14)

http://tinyurl.com/luksmoy  

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“Stairway to Heaven”: Can anyone own a chord progression?

May 22, 2014
posted by

Christian Science Monitor    

"For more than four decades, Led Zeppelin’s 'Stairway to Heaven' has ushered young guitarists into the realm of rock 'n' roll and served as the soundtrack to countless road trips, proms, and first kisses. More than 40 years after its release, the band is facing renewed allegations it stole the iconic intro to the song from the band Spirit. Spirit’s founding bassist Mark Andes and the estate of late Spirit guitarist Randy California are planning to file a copyright infringement lawsuit and seek an injunction that would prevent Zeppelin from re-releasing the album containing the song, which the band has plans to do this summer, Bloomberg Businessweek reports." [editor's note: Yet they waited until now to claim it? - SAT] (05/21/14)

http://tinyurl.com/kvxc5n7  

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Zenimax escalates from frivolous IP claims to frivolous lawsuit versus Oculus

May 21, 2014
posted by

CNet News    

"ZeniMax Media, the owner of game developer Id Software and the previous employer of Oculus CTO and Id co-founder John Carmack, is suing Oculus VR and its founder Palmer Luckey. The offense: Oculus, with its Rift virtual reality headset, is 'illegally misappropriating ZeniMax trade secrets relating to virtual reality technology, and infringing ZeniMax copyrights and trademarks,' ZeniMax says. Oculus fired back in a statement provided to CNET, saying, 'The lawsuit filed by ZeniMax has no merit whatsoever. As we have previously said, ZeniMax did not contribute to any Oculus technology. Oculus will defend these claims vigorously.'" (05/21/14)

http://tinyurl.com/lqfr35y  

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