Posts Tagged ‘ intellectual property ’

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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Trans-Pacific Partnership: Secrecy plus “fast track” does not equal free trade

April 27, 2015
posted by

Thomas L. Knapp William Lloyd Garrison Center for Libertarian Advocacy Journalism
by Thomas L Knapp  

"US Senator Elizabeth Warren (D-MA) wants president Barack Obama to declassify details of an upcoming 'free trade agreement,' the Trans-Pacific Partnership. Obama's response incorporates two mutually exclusive claims: First, that the deal isn't secret and that Warren's just tub-thumping to rouse her progressive base; second, that okay, yes, parts of it are secret, but the secrecy is necessary. Setting aside Obama's poke at her motivations, Warren is right. The TPP is a bad deal. The secrecy surrounding some of its components is there for a reason: Most of us won't like what's in it." (04/26/15)

http://thegarrisoncenter.org/archives/1170  

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Dice loaded against public in Canada’s copyright term extension

April 23, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Jeremy Malcolm  

"The announcement of the Canadian Government's plan to extend copyright terms for sound recordings came as a surprise when it was released in Canada's federal budget yesterday. The smooth stage management of the announcement has to be admired, accompanied as it was by pre-prepared soundbites from Canada's music A-list extolling the benefits of this handout. In fact, with all the drama and glamor of the announcement, all that was missing was any prior public consultation or debate that could give the government an actual mandate to make this sweeping change to Canadian law." (04/22/15)

http://tinyurl.com/k2bg26l  

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Michel Chevalier’s case against the patent system

April 17, 2015
posted by

Ludwig von Mises Institute Ludwig von Mises Institute
by Louis Rouanet  

"Michel Chevalier argues that patents cannot be justified if they are contrary to freedom, even if beneficial to technological change. For him 'From the moment we can make effective the patent only through inquisitorial expedients, violence, and subversion of liberty of labor, it is proof that we must renounce patents.' Chevalier rejects utilitarianism as a sufficient method to justify or refute the patent system. Chevalier's opposition to patents, however, is not just based on moral arguments but shows the disastrous effects of this system for both foreign trade and the economy in general." (04/17/15)

https://mises.org/library/michel-chevalier%E2%80%99s-case-against-patent-system  

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Constitutional private property rights trump legislation written to appease donors

April 15, 2015
posted by

Seton Motley Heartland Institute
by Seton Motley  

"Private property rights are a fundamental component of any successful economy. If you want a nation to prosper -- property must be safe in its owners' hands. Intellectual Property (IP) shouldn't be treated any differently than physical property. In fact, in most instances -- in many ways -- IP is far more important." (04/14/15)

http://tinyurl.com/nvso6uw  

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Pro-IP “anarchists” and anti-IP patent attorneys

April 15, 2015
posted by

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

"It's always surprising to me when someone who claims to be an anarchist -- and a libertarian anarchist, no less -- still supports IP ... even though IP is a state-granted monopoly, requires the state, requires legislation, and is utterly incompatible with free markets, libertarian property rights, etc." (04/14/15)

http://tinyurl.com/n6mso52  

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“Intellectual property” kills

April 13, 2015
posted by

Kevin Carson Center for a Stateless Society
by Kevin Carson  

"Drug patents have killed millions, and if the corporate pigs at the TPP trough get their way will kill millions more. And the enclosure of the knowledge commons erects toll-gates to impede sharing and building on knowledge. In so doing destroys the basic peer-to-peer ethos of science, which is the basis of the so-called 'shoulders of giants' effect. We need to continue fighting Aaron Swartz's battle for information freedom, to hack academic journal paywalls and make the liberated articles freely available at file-sharing sites. And we need to seize on the opportunity offered by 3D printed drugs and open-source pharmacology to produce cheap, pirated knockoffs of patented drugs through so many different small, distributed outlets that the drug companies and their state can’t possibly suppress them." (04/11/15)

http://c4ss.org/content/37132  

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Videogame publishers: No preserving abandoned games

April 8, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Mitch Stoltz  

"The Entertainment Software Association doesn't want anyone to restore the functionality of older videogames that are no longer supported by their publisher, because, says ESA, this is 'hacking,' and all hacking is 'associated with piracy.' EFF, along with law student Kendra Albert, is asking the Copyright Office to give some legal protection to game enthusiasts, museums, and academics who preserve older video games and keep them playable. We're asking for an exemption to the Digital Millennium Copyright Act's anti-circumvention provisions (Section 1201) for those who modify games to keep them working after the servers they need are shut down." (04/08/15)

http://tinyurl.com/m2fqdjd  

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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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