Posts Tagged ‘ intellectual property ’

Verizon-Yahoo deal shows once again the need to remove intellectual property rights

July 27, 2016
posted by

The Daily Bell
by staff  

"If people believe the pace of technological innovation has slowed in the past years, they are probably correct. As ZeroHedge pointed out in May, 'Venture capital investments in Silicon Valley fell almost 20 percent in the first quarter [of 2016] from a year earlier to $4.9 billion.' We would argue this is part of a larger trend. With such gigantic companies dominating the Internet, there is less room for groundbreaking innovation. These large companies act as gatekeepers, preserving what has already been accomplished and ensuring to a large degree that what is now developed doesn’t threaten what has come before. As usual, intellectual property rights are at fault." ()7/26/16)

http://www.thedailybell.com/news-analysis/verizon-yahoo-deal-shows-once-again-the-need-to-remove-intellectual-property-rights/  

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In defense of torrents

July 25, 2016
posted by

Darryl W Perry Free Press Publications
by Darryl W Perry  

"With much fanfare from the Department of Justice, the alleged operator of the largest torrent site, Artem Vaulin, was arrested in Poland and the website was seized. ... The DOJ is seeking to extradite Vaulin, who is Ukrainian, from Poland to the United States where he is charged with one count of conspiracy to commit criminal copyright infringement, one count of conspiracy to commit money laundering and two counts of criminal copyright infringement for allegedly operating the website Kickass Torrents (KAT). ... there are a lot of similarities between the Silk Road and Kickass Torrents. First off, three simple facts of the Silk Road case: Ross Ulbricht created a website; people used the website to sell things that other people wanted to buy; Ross Ulbricht was sent to jail for the rest of his life. Now, three three simple facts of the KAT case: Artem Vaulin allegedly created a website; people used the website to share digital copies of things that other people wanted; Artem Vaulin could be sent to jail for the next 20 years." [text, Flash audio or MP3] (07/24/16)

http://fpp.cc/in-defense-of-torrents/  

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Section 1201 of the DMCA cannot pass constitutional scrutiny

July 21, 2016
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Kit Walsh  

"Section 1201 of the Digital Millennium Copyright Act forbids a wide range of speech, from remix videos that rely upon circumvention, to academic security research, to publication of software that can help repair your car or back up your favorite show. It potentially implicates the entire range of speech that relies on access to copyrighted works or describes flaws in access controls -- even where that speech is clearly noninfringing." (07/21/16)

https://www.eff.org/deeplinks/2016/07/section-1201-dmca-cannot-pass-constitutional-scrutiny  

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US govthugs steal filesharing site’s domains and bank accounts; counterparts in Poland abduct site owner

July 21, 2016
posted by

CNet News CNet News    

"U.S. authorities announced that they [sic] have arrested Artem Vaulin, the alleged owner of the most-visited file sharing site online: Kickass Torrents (or KAT). A federal court in Chicago also ordered that a bank account and seven domain names believed to be associated with KAT be seized. ... if Poland cooperates with the U.S. in the extradition process, Vaulin will be tried in American courts on counts of conspiracy to commit criminal copyright infringement, conspiracy to commit money laundering, and two counts of criminal copyright infringement." (07/21/16)

http://www.cnet.com/news/u-s-authorities-seize-kickass-torrents-domains/  

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The Minneapolis Police Department is a bit red in the face

July 15, 2016
posted by

A Geek With Guns
by Christopher Burg  

"The Minneapolis Police Department is well known for its high speed, low drag attitude. Instead of deescalation and conflict avoidance the MPD prefers throwing down with anybody it can create an excuse to throw down with. In fact the department is so cocksure that it didn't even try to hide its love of violence in its recent recruiting video. However, many people weren't amused by the video so the MPD was a bit red in the fact and decided to abuse the Digital Millennium Copyright Act (DMCA) in an attempt to erase the video from the Internet ..." (07/14/16)

https://blog.christopherburg.com/2016/07/14/the-minneapolis-police-department-is-a-bit-red-in-the-face/  

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Apple patents technology to remotely disable your iPhone camera at concerts

July 4, 2016
posted by

The Hacker News    

"Here's something you'll not like at all: Apple has been awarded a patent for technology that would prevent you from snapping pictures and shooting videos with your iPhone or iPad at places or events, like concerts or museums, where it might be prohibited or inappropriate. The patent, granted on Tuesday by the United States Patents and Trademark Office, is highly technical. Apple's latest patent describes an iPhone or iPad camera receiving coded infrared signals beamed from emitters in public places would temporarily disable device camera functionality, preventing any photography or recording for as long as the signal is on." [editor's note: Sounds like a giant "don't buy our product" advertisement to me - TLK] (07/01/16)

http://thehackernews.com/2016/07/apple-iphone-camera.html  

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Intellectual property is theft

July 1, 2016
posted by

Dan Sanchez Foundation for Economic Education
by Dan Sanchez  

"Property is the exclusive right to use this boat, this paper, this trap, these speakers, this computer, this plastic, or this aluminum. Monopoly is the exclusive right to use any boat to trade with India, to use any paper to make playing cards in 17th century England, to use any trap to catch beavers in North America, to use any speakers to play 'Happy Birthday,' to use any computer to deliver a podcast or download 'Happy Birthday,' to use any plastic and aluminum to build a certain kind of washing machine. Since it is an exclusive right to use any means in a certain way, intellectual 'property' is not property at all, but monopoly. Intellectual 'property' is therefore a misnomer, euphemistically used by state-privileged monopolists to drape their monopolies in the mantle of property." (06/30/16)

https://fee.org/articles/intellectual-property-is-theft/  

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A most bizarre misuse

June 27, 2016
posted by

Paul Jacob Common Sense
by Paul Jacob  

"Increasingly, folks in government balk at the commonsense requirement for transparency. They don't like the basic idea of a republic, apparently -- that we have rights; folks in government have duties. They are bound to serve us. And allow us to oversee their work. The latest bizarre attempt to wiggle out of transparency comes from California. A proposed bit of legislation, AB-2880, seeks to grant state employees copyright protection -- for their everyday work as public servants." (06/27/16)

http://thisiscommonsense.com/2016/06/27/a-most-bizarre-misuse/  

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Corporate “free trade” IS zero-sum

June 26, 2016
posted by

Kevin Carson Center for a Stateless Society
by Kevin Carson  

"A global corporation uses its patents and trademarks to contract out actual production to independent firms, but retains a legal monopoly on disposal of the product. As a result it can bargain unilaterally with foreign sweatshops on a take-it-or-leave-it basis, and sell the finished goods in Western domestic markets at a markup many times the actual cost of production. And it can use the same 'intellectual property' to prevent indigenous Third World producers from manufacturing identical goods for their own domestic market at a price near actual production cost. That is a ZERO-SUM game in which the corporations benefit at the expense of both Third World workers and American consumers." (06/25/16)

https://c4ss.org/content/45463  

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Mizzou’s control over its trademarks does not extend to control over student speech

June 16, 2016
posted by

Foundation for Individual Rights in Education Foundation for Individual Rights in Education
by Catherine Sevcenko  

"Universities exist to provide a forum for the exchange of ideas, and a vast range of opinions are represented on campus. For example, at Mizzou, registered student organizations include MU College Republicans and MU Tigers for Universal Health Care. Similarly, the university sponsors the MU Baha'i Association, the MU Buddhist Association, and the MU Skeptics, Atheists, Secular Humanists and Agnostics. It would be logically impossible for Mizzou to endorse the views of all these groups, even though it lends its name to each one. ... Mizzou wants to do more than remove its name from MU NORML's T-shirts. As Chief Judge James E. Gritzner pointed out in refusing to dismiss the parallel ISU case, 'Simply because the allegations involve the use of Iowa State University's licensed trademarks does not take away the suit's constitutional nature.'" [editor's note: Simple solution: Forbid government institutions to own trademarks; slightly more complicated, but even better: Do away with the anti-concept of "intellectual property" altogether - TLK] (06/15/16)

https://www.thefire.org/mizzous-control-over-its-trademarks-does-not-extend-to-control-over-student-speech/  

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It’s time to shut down the most prolific patent troll in the country

June 1, 2016
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Vera Ranieri  

"Jason [Cugle] runs Triple7Vaping.com, a small Maryland business that sells products online and ships them across the country. Jason doesn't run a high-tech operation: a customer orders a product, Jason manually composes an email letting that customer know the order had shipped, and packages are then sent out via tracked USPS mail. In January, a company called 'Shipping & Transit LLC' sent Jason -- via his company -- a demand letter, claiming that Jason's activities infringed four patents, and demanding a license fee of $25,000. In its demand letter, Shipping and Transit claimed to own various 'tracking and messaging technologies' that Jason's website allegedly infringed." (05/31/16)

https://www.eff.org/deeplinks/2016/05/its-time-shut-down-most-prolific-patent-troll-country  

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“Intellectual property” keeps right on killing

May 22, 2016
posted by

Kevin Carson Center for a Stateless Society
by Kevin Carson  

"Habitual apologists for agribusiness like Reason's Ron Bailey gushingly cite studies that show glyphosate, the 'active ingredient' in Roundup, are unlikely to cause cancer in the concentrations that appear in supermarket produce. But as it turns out, the focus on glyphosate was actually a distraction .... There's evidence ('New Evidence About the Dangers of Monsanto's Roundup,' The Intercept, May 17) that Roundup is indeed carcinogenic, especially in the concentrations that farm workers are exposed to. ... legally, Monsanto is required to make public only the active ingredient -- glyphosate -- itself. The 'inert ingredients' are all trade secrets, legally protected by so-called 'intellectual property.'" (05/21/16)

https://c4ss.org/content/45029  

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Cato, “Derby Pie” [TM], the “Super Bowl” [TM] and trademark law

May 8, 2016
posted by

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

"In a recent Cato Podcast, Trademarks and Derby-Pie[TM], host Caleb Brown interviews Walter Olson about trademark law, with reference to a recent controversy where the Kentucky Derby was threatening restaurants from selling a 'Derby Pie' (see NPR, What's Inside A 'Derby Pie?' Maybe A Lawsuit Waiting To Happen), and similar absurd situations such as the NFL using trademark law to coerce companies not to use the term 'Super Bowl.' ... I was hoping this short podcast would condemn trademark law in general, as I have done, or at least condemn these uses of trademark as clear examples of abuse and injustice and as obviously incompatible with libertarian principles, as I have also done. But Olson nowhere clearly does either. Instead, he insinuates trademark law is an ostensible sensible policy (it's not) ..." (05/07/16)

http://c4sif.org/2016/05/cato-derby-pie-the-super-bowl-and-trademark-law/  

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Standardized DRM will make us less safe

May 5, 2016
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Cory Doctorow  

"Earlier this year, an independent security researcher named Rotem Kerner came forward to disclose critical bugs in a digital video recorder that was integrated into over 70 vendors' CCTV-based security systems. The vulnerability is a grave one. These DVRs are designed to be connected to whole networks of security cameras. By compromising them, thieves can spy on their targets using the targets' own cameras. In fact, Kerner was part of a team at RSA who published a report in 2014 that showed that thieves were using these vulnerable system to locate and target cash-registers for robberies. ... CCTV and video recorders that include EME or other digital locks could effectively become off-limits to the sort of important disclosures that Kerner made last month. A researcher coming forward about vulnerabilities in a system that includes EME could risk criminal and civil punishments." (05/05/16)

https://www.eff.org/deeplinks/2016/04/standardized-drm-will-make-us-less-safe  

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Yes, all DRM

May 4, 2016
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Parker Higgins  

"Everybody knows that the digital locks of DRM on the digital media you own is a big problem. If you've bought a digital book, album, or movie, you should be able to do what you want with it -- whether that's enjoying it wherever you want to, or making it more accessible by changing the font size or adding subtitles, or loaning or giving it to a friend when you’re done. We intuitively recognize that digital media should be more flexible than its analog forebears, not less, and that DRM shouldn't take away rights that copyright was never intended to restrict. But while it may not be as intuitive yet, DRM on digital media that you don't own is also a major threat. ... That's because DRM in any form requires us to give up control over our own devices to the companies distributing the media." (05/03/16)

https://www.eff.org/deeplinks/2016/05/yes-all-drm  

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“Intellectual property” just keeps getting deadlier

April 28, 2016
posted by

Kevin Carson Center for a Stateless Society
by Kevin Carson  

"The whole point of proprietary software and other forms of proprietary information, coupled with the DMCA's restrictions on circumvention technology, is that you never actually own anything you buy. In fact directly accessing the source code is a crime. That's bad enough -- an injustice and an inconvenience -- when it comes to your computer operating system or a song you paid for. But when it involves the software running a device inside your own body, that you depend on to keep your heart beating, it's a lot more serious. As Doctorow says: 'However you feel about copyright law, everyone should be able to agree that copyright shouldn't get in the way of testing the software in your hearing aid, pacemaker, insulin pump, or prosthetic limb to look for safety risks (or privacy risks, for that matter).' Of course this is nothing new." (04/27/16)

https://c4ss.org/content/44735  

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The misguided plan to expand a performers’ veto: More “copyright creep” through policy laundering

April 27, 2016
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Corynne McSherry  

"A proposal to rewrite parts of copyright law being pushed by the U.S. Patent and Trademark Office would create new restrictions for filmmakers, journalists, and others using recordings of audiovisual performances. Against the background of the the Next Great Copyright Act lurching forward and the Copyright Office convening a new series of roundtables on the Digital Millennium Copyright Act, few have noticed the USPTO push happening now. But these proposals are a classic instance of copyright creep and are dangerous for users, creators, and service providers alike." (04/26/16)

https://www.eff.org/deeplinks/2016/04/another-fine-mess-ustr-has-gotten-us-misguided-plan-expand-performers-rights  

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SCOTUS affirms Google Books scans of copyrighted works are fair use

April 19, 2016
posted by

TechCrunch    

"A Supreme Court order issued today closes the book on (or perhaps merely ends this chapter of) more than a decade of legal warfare between Google and the Authors Guild over the legality of the former’s scanning without permission of millions of copyrighted books. And the final word is: it’s fair use. The order is just an item in a long list of other orders that appeared today, and adds nothing to the argument except the tacit approval of the Second Circuit Court of Appeals 2015 decision -- itself approving an even earlier decision, that of the U.S. District Court for the Southern District of New York in 2013. So in a way, it's old news." (04/18/16)

http://techcrunch.com/2016/04/18/supreme-court-affirms-google-books-scans-of-copyrighted-works-are-fair-use/  

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Led Zeppelin on trial: You can’t copyright a cliche

April 17, 2016
posted by

spiked spiked
by Christian Butler  

"Spirit's late guitarist Randy Wolfe, better known as Randy California, had been quoted as saying 'I'll let [Led Zeppelin] have the beginning of 'Taurus' for their song without a lawsuit.' Now, some 40 years after the realise of 'Stairway' on Led Zeppelin IV, the trustees of Wolfe's estate will fight the legal battle Wolfe himself had no intention of getting involved in There is a genuine similarity between the riff in the two songs -- they’re even played in the same key. But 'Taurus' lacks the melody of 'Stairway,' which is played on the higher strings of the guitar. What's more, the chord progression is so cliched musicologists have actually given it a technical name: the minor line cliche." [editor's note: Hopefully the next judge to get hold of this turkey will dismiss it and levy heavy financial sanctions for frivolous litigation on the vulture lawyers who talked Wolfe's heirs into pursuing it - TLK] (04/15/16)

http://www.spiked-online.com/newsite/article/led-zeppelin-on-trial-you-cant-copyright-a-cliche/  

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Lawyers who won Happy Birthday copyright case sue over “We Shall Overcome”

April 13, 2016
posted by

Ars Technica Ars Technica    

"'We Shall Overcome,' a song that was the 'unofficial anthem to the civil rights movement,' was wrongly placed under copyright and should be put in the public domain, according to a lawsuit filed today in federal court. The complaint was filed by the same group of lawyers who succeeded at putting the world's most famous song, Happy Birthday, into the public domain after years of litigation. It's a proposed class action that seeks the return of copyright licensing fees they say were wrongfully collected by Ludlow Music Inc. and The Richmond Organization, which claim to have copyrighted 'We Shall Overcome' in 1960. According to the lawsuit, the song is much older than that. The plaintiffs say the song is based on 'an African-American spiritual with exactly the same melody and nearly identical lyrics from the late 19th or early 20th century.'" (04/13/16)

http://arstechnica.com/tech-policy/2016/04/lawyers-who-won-happy-birthday-copyright-case-sue-over-we-shall-overcome/  

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Stop the copyright creep

April 10, 2016
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Jeremy Malcolm  

"In essence, copyright creep is an effort to expand copyright restrictions and/or allowing new parties to impose them in new ways. For example, civil law countries such as Europe and Latin America, may allow people who aren't traditional rightholders to exercise copyright-like restrictions, calling them 'related rights' (or 'neighboring rights'), as distinct from 'authors' rights.' In the United States, we are more likely to give traditional rightholders new powers, such as the ability to sue people who circumvent technological protections on a work. These experiments are dangerous: copyright and related rights are powerful tools, and the farther they reach the more likely they are to cause collateral damage to speech and innovation." (04/08/16)

https://www.eff.org/deeplinks/2016/04/stop-copyright-creep-new-restrictions-are-not-answer-challenges-digital-publishing  

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Intellectual property protection is a fundamental free market tenet — not a tax

April 4, 2016
posted by

Seton Motley Heartland Institute
by Seton Motley  

"Intellectual property protection is government protecting productive people -- and their productions. A tax is unproductive government taking money from productive people to do unproductive things. See the difference?" [editor's note: Well, it's true that IP isn't exactly a "tax." It's more of a protection racket with the state serving as the muscle - TLK] (04/04/16)

http://blog.heartland.org/2016/04/intellectual-property-protection-is-a-fundamental-free-market-tenet-not-a-tax/  

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Patent lawsuits should not be shrouded in secrecy

March 31, 2016
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Vera Ranieri  

"The public has a First Amendment right to access court records, and that right is generally only curtailed when there is 'good cause'to do so. Unfortunately, when it comes to patent cases, courts routinely allow parties to file entire documents under seal, without any public-redacted version being made available. That's why EFF, with the assistance of Durie Tangri, has filed a motion to intervene and unseal documents in a patent case, Blue Spike v. Audible Magic. The court has allowed the parties in this case to keep more than half of the docket under seal, including the court's own rulings, making it impossible to fully understand and evaluate both the parties' arguments and the court's decisions." (03/30/16)

https://www.eff.org/deeplinks/2016/03/blue-spike-patent-lawsuits-should-not-be-shrouded-secrecy  

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Trust in Mother Market … don’t support IP law’s protection of greed

March 22, 2016
posted by

Students For Liberty Students For Liberty
by Alexis Esneault  

"As a law student, most of my experience with the intellectual property regime has been fairly removed and abstract. But I also happen to have an awesome big brother who is a genius of a businessman. His new business was doing stunningly well, although, he recently got sued. Why? Another company is alleging he has infringed upon their intellectual property. I was never certain where I stood in the whole IP debate, and I am still not certain where I stand now. But, with one phone call, my brother made me realize that there are serious problems with our current approach to IP. Indeed, there are some forms of 'intellectual property' that cause a hell of a lot more harm than good." (03/21/16)

http://studentsforliberty.org/blog/2016/03/21/trust-in-mother-market-dont-support-ip-laws-protection-of-greed/  

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How South Park saved fair use

March 21, 2016
posted by

Reason Reason
by Alexis Garcia  

"For 19 seasons, South Park has provided cutting cultural commentary centered around the foul-mouthed adventures of elementary school students Stan, Kyle, Kenny, and Cartman. But the raunchy cartoon has also helped establish an important legal entertainment precedent that expands free speech rights." (for publication 04/16)

http://reason.com/archives/2016/03/20/how-south-park-saved-fair-use  

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