Posts Tagged ‘ intellectual property ’

FDA and USPTO: Joint killers

April 6, 2011
posted by

Center for the Study of Innovative Freedom
by Stephan Kinsella  

"So: government issued patent monopolies cause a shortage. The government that grants these odious monopolies has statutory authority to issue compulsory licenses -- –i.e., to partially weaken the monopoly privilege they previously granted. But they choose not to here, because the FDA’s regulations would prevent any competitors from using the license in time to meet the shortage. ... the combined effect of the FDA and patent office is killing people ..." (04/05/11)

http://c4sif.org/2011/04/fda-and-uspto-joint-killers/  

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Intellectual property, contract, and conscience

April 6, 2011
posted by

Independent Country
by James Leroy Wilson  

"It seems to me that contractual law should allow the seller of the product to dictate any terms to the purchaser. After all, the purchaser isn't compelled to buy. If the terms of use and/or directions are plainly and prominently listed (such as, on the unopened package of the product on the store shelf, or in a terms of use agreement posted BEFORE sale on an e-product) then the seller should be free to dictate any terms she wants." (04/05/11)

http://tinyurl.com/43xcfjd  

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Anonymous declares war on Sony

April 5, 2011
posted by

Forbes    

"In Sony’s effort to pursue George 'GeoHot' Hotz and other Playstation hackers to the ends of the earth (literally), they’ve poked the sleeping giant of Anonymous, the 4chan based hivemind who under the guise of 'freedom of information' has now officially declared war on Sony, and has launched attacks ranging from bringing down their websites (and possibly the PSN) to publishing personal information of the executives." (04/05/11)

http://tinyurl.com/3wr598e  

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Why we might want to forget about intellectual property

April 3, 2011
posted by

Adam Smith Institute Adam Smith Institute
by Tim Worstall  

"Intellectual Property, or IP, is of course a hugely important part of our economy, as it is of all of the advanced and industrialised ones. While we can qand should protect such property in our own and other advanced economies, it's much less certain that we should impose such protections and rights in the less advanced and developing economies." (04/03/11)

http://tinyurl.com/3v4mqhr  

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Righthaven hits new low

March 30, 2011
posted by

Tech Dirt
by staff  

"The key issue: this is about as cut & dried a case of fair use as there ever was. Gardner was writing about Righthaven, and in the article, to demonstrate what Righthaven was suing about, he showed the image (from Righthaven's own legal filing) that showed Drudge using the image in question. Its use is for news reporting and it's commenting on the image's use in the lawsuit. If this isn't fair use, then fair use doesn't exist." (03/29/11)

http://tinyurl.com/4fgkd6z  

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The libertarian case for IP

March 29, 2011
posted by

J. Neil Schulman J. Neil Schulman @ Rational Review
by J. Neil Schulman  

"The basic libertarian principle of liberty starts with self-ownership. Preventing me from owning the sole right to offer copies of things that are part and parcel of my personal identity — preventing me from owning the exclusive right to make copies of what I make as part of my personal identity — is the destruction of my life and liberty … and quite literally could end up killing me." (03/28/11)

http://tinyurl.com/47nj3u6  

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Google obtains patent on “doodles”

March 23, 2011
posted by

PC Magazine    

"Google has obtained a patent for its popular homepage doodles. The patent, released yesterday, describes 'systems and methods for enticing users to access a Web site.'" [editor's note: PLEASE tell me that this is an April Fool story accidentally posted early - TLK] (03/23/11)

http://www.pcmag.com/article2/0,2817,2382466,00.asp  

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Life is a copyrighted highway

March 23, 2011
posted by

Ludwig von Mises Institute Ludwig von Mises Institute
by SM Oliva  

"The first US copyright law extended legal protection to 'the author and authors of any map, chart, book or books already printed within these United States.' A work had to be completed before any copyright was recognized. Nor did the original law address any 'derivative' works that might later emerge with some basis in the copyrighted work. Two centuries later the copyright mentality is less concrete. Now there are unknown 'authors' who claim the right to censor works that are, at best, tangentially related to some half-formed idea that was never completed much less published." (03/22/11)

http://blog.mises.org/16167/life-is-a-copyrighted-highway/  

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Judge rejects Google’s book deal with publishers

March 22, 2011
posted by

Betanews    

"A federal judge rejected a proposed $125 million class-action settlement between Google and book publishers on Tuesday, saying the deal was 'not fair, adequate and reasonable.' US District Court Judge Denny Chin said that it would have allowed Google to still profit on books without getting the permission of the publisher. Google was sued by the Author's Guild in September 2005 and by the Association of American Publishers the following month, claiming its plans to digitize books to create a massive online library violated copyright. The two sides decided to settle out of court, negotiating a deal they saw as beneficial to both sides." (03/22/11)

http://tinyurl.com/4asnwsf  

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The Velvet Elvis and other trademark absurdities

March 21, 2011
posted by

C4SIF Center for the Study of Innovative Freedom
by Stephan Kinsella  

"A good example of trademark absurdity can be found here in Houston. Every now and then I pass by the Velvet Melvin Pub. See, it used to be called The Velvet Elvis, after the famous print showing a velvet version of Elvis Presley. So Elvis Presley’s estate sues the pub, forcing it to close. ... One might object that the Framers of the Constitution would not have contemplated federal power being used to shut down a pub like this, but then, the federal trademark law is unconstitutional anyway, since it is not authorized in the Constitution (only patent and copyright are)." (03/20/11)

http://tinyurl.com/4v4rgga  

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Apple sues Amazon over “App Store” name

March 21, 2011
posted by

Bloomberg    

"Apple Inc. (AAPL) sued Amazon.com Inc., saying the online retailer is improperly using Apple’s 'App Store' trademark for a mobile software developer program. Apple, in a complaint filed March 18 in California, accused Amazon.com of trademark infringement and unfair competition and asked for a court order to prevent the company from using the 'App Store' name, as well as for unspecified damages." [editor's note: Apple's trademark application is caught up in an objection/appeal process initiated by Microsoft. A pox on all three houses! - TLK] (03/21/11)

http://tinyurl.com/6cfg4ym  

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Dodd hired as new head of Hollywood extortion gang

March 2, 2011
posted by

Reuters    

"Christopher Dodd was named the chairman and CEO of the Motion Picture Association of America on Tuesday, making him the new voice and face of American movies and TV shows worldwide. With nearly four decades in the U.S. House of Representatives and the U.S. Senate, the 66-year-old Democrat has long prided himself on being able to work both sides of the aisle. Dodd told The Hollywood Reporter that he discussed the job with his pal Warren Beatty, and vowed to clamp down on the 'looting' of intellectual property." (03/01/11)

http://tinyurl.com/4agbveu  

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Casey’s attacks Subway’s frivolous claim to own the word “footlong”

February 14, 2011
posted by

USA Today    

"At 180 of its locations, Casey's is offering made-to-order sandwiches and is using the term 'footlong' on signs and menus. Three weeks ago, one of Subway's lawyers, Valerie Pochron, wrote to Casey's and asserted Subway's proprietary rights to 'footlong' and other elements of the Casey's campaign. ... Subway threatened to sue, but Casey's took the initiative, and on Friday filed a petition in U.S. District Court here. Casey's is asking for a jury trial and is seeking a declaration that the term 'footlong' is generic and does not violate any trademark owned by Subway. Casey's is also asking for unspecified damages over Subway's 'frivolous' claims." (02/15/11)

http://tinyurl.com/4p6859v  

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Rethinking IP

February 10, 2011
posted by

Ludwig von Mises Institute Ludwig von Mises Institute
by Stephan Kinsella  

"In previous decades libertarians viewed intellectual property as a boring and technical area of the law, the province of legal specialists. They also assumed it to be a legitimate, if arcane, type of property in a capitalist, free-market society. After all, it's in the Constitution, and Ayn Rand blessed it. But we don't ignore it anymore, and we don't take its legitimacy for granted. We can't. The injustices of IP have multiplied in the Internet age, and they are staring us in the face." (02/10/11)

http://mises.org/daily/5029/Rethinking-IP  

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Obama regime will propose new digital copyright laws

February 8, 2011
posted by

CNet News    

"The Obama administration has drafted new proposals to curb Internet piracy and other forms of intellectual property infringement that it says it will send to the U.S. Congress 'in the very near future.' It's also applauding a controversial copyright treaty known as the Anti-Counterfeiting Trade Agreement, or ACTA, saying it will 'aid right-holders and the U.S. government to combat infringement' once it enters into effect." [hat tip -- Center for the Study of Innovative Freedom] (02/07/11)

http://news.cnet.com/8301-31921_3-20030956-281.html  

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Defensive patent publishing

February 6, 2011
posted by

C4SIF Center for the Study of Innovative Freedom
by Stephan Kinsella  

"Unfortunately, if you fail to patent your own inventions, then the risk is some other company may later independently invent and patent it, and sue you, forcing you to pay damages or even stop using your own invention (there is no general defense for prior users or independent inventors). In response to this unfortunate situation, one thing you can do is make your invention public in such a way that it becomes part of the public 'prior art' to make it more difficult for someone to later file a patent on that invention." (02/04/11)

http://c4sif.org/2011/02/defensive-patent-publishing/  

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Allen amends, re-files frivolous patent troll suit

December 29, 2010
posted by

Information Week    

"Weeks after a U.S. District Court judge rejected his complaint for being too vague and 'Spartan,' Microsoft co-founder and founder of Interval Licensing Paul Allen once again filed suit against Apple, Facebook, Google, and several other high-tech companies this week. ... Allen claims products such as AdSense, Android, Facebook and its news feed, Flickr, Gmail, iTunes, Yahoo and Yahoo Finance from AOL, Apple, eBay, Google, Netflix, Office Depot, OfficeMax, Staples, and YouTube infringe on his patented technologies, reports said." (12/29/10)

http://tinyurl.com/26kvwe6  

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Privacy, piracy, and the new Internet

December 22, 2010
posted by

Ludwig von Mises Institute Ludwig von Mises Institute
by SM Oliva  

"The Federal Trade Commission’s campaign to abolish the internet in its present form and replace it with a Depression-era model of government cartels protecting politically connected incumbent firms is predicated on a single word — privacy. ... Privacy is just another word for 'piracy' in this context. The FTC’s crusade is joined at the hip to intellectual property firms that desire greater internet cartelization so they can strip the web of 'proprietary ideas' that, in their minds, should only be distributed through more traditional, top-down channels." (12/22/10)

http://blog.mises.org/15086/privacy-piracy-and-the-new-internet/  

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Frivolous lawsuit factory sues over “death ray” image

December 22, 2010
posted by

Wired    

"Righthaven, the Las Vegas copyright troll formed this spring, has moved beyond lawsuits over newspaper articles and begun targeting websites for the unauthorized reposting of images. First up, more than a dozen infringement lawsuits concerning the so-called Vdara 'death ray.' ... Suing over images appears to be a new tack in Righthaven’s legal strategy. Righthaven’s business model is to acquire the copyright to content from newspaper companies .... The company then sues blogs and other websites that have posted or excerpted those articles." (12/22/10)

http://www.wired.com/threatlevel/2010/12/death-ray-lawsuits/  

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Ominous copyright ruling stands

December 21, 2010
posted by

Foundation for Economic Education Foundation for Economic Education
by Wendy McElroy  

"A stunning but little-noticed Supreme Court ruling signals that the face of business and the boundaries of ownership could soon change dramatically. The December 13 ruling in Costco Wholesale Corp. v. Omega S.A. is little-noticed because as a 4-to-4 decision, with one Justice recused, it merely affirmed a lower-court decision without setting a national precedent. What it signals is how all but one Justice would rule on the 'first-sale' doctrine within copyright law." (12/21/10)

http://www.thefreemanonline.org/headline/copyright-ruling/  

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