Posts Tagged ‘ intellectual property ’

Who owns the copyright on 1921?

October 22, 2015
posted by

The Atlantic The Atlantic
by Robinson Meyer  

"Few people have shaped modern American copyright law more than Judge Pierre Leval. ... Leval first proposed a new theory of 'fair use' law in 1990. (He did it, by the way, in a journal overseen by a 28-year-old law student named Barack Obama.) Leval's theory then propagated through the American judiciary. The Supreme Court cited it. It was used to justify search engines and rap songs. And last week, when Judge Leval ruled that Google Books is legal, he got to endorse that theory himself, from his Second Circuit bench, 25 years later. It's all very nice. You should go read the story. But I wanted to focus on what an interesting piece of legal thinking Judge Leval's opinion is. When considering the legality of Google Books, he focuses both on hypothetical applications and how actual people use the actual software." (10/21/15)

http://theatln.tc/1GTiYvq  

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The worst libertarian IP discussion of all time

October 21, 2015
posted by

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

"So Reason and some group called 'R Street' did some little panel discussing IP. Wow. As far as I could tell there was not a single IP law expert, technology or business expert, or even principled libertarian on the panel. Just a bunch of tech/libertarian pundits refusing to take any principled propertarian stance and mouthing platitudes about areas none of them are specialized in. Wow. The show was stunning in its uselessness. If anyone learned a single thing from listening to this pathetic mishmash unprincipled consequentialists 'batting around' ideas like it's some kind of game (like the dilettantish 'razzle-dazzle' of Nozick), I'd be surprised. It only confirms my view that There are No Good Arguments for Intellectual Property." (10/20/15)

http://bit.ly/1MThZ4Y  

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Apple faces $862 million fine after losing processor patent dispute

October 14, 2015
posted by

CNet News CNet News    

"Apple could be forced to pay out hundreds of millions of dollars in damages after losing a patent lawsuit over its processors. The case relates to Apple's A7, A8 and A8X processors, used in the iPhone 5S, iPhone 6 and 6 Plus, and various iPads. In the latest of many patent disputes for Apple, a jury agreed that the company infringed a 1998 patent held by the University of Wisconsin. Apple now faces damages of up to $862 million (around £560 million or AU$1.1 billion). The case was brought in January 2014 by Wisconsin Alumni Research Foundation (WARF), the University of Wisconsin-Madison's body for licensing technology invented by the university's researchers." [editor's note: So will UW give the $862 million back to the taxpayers who funded the research? No, I didn't think so - TLK] (10/14/15)

http://cnet.co/1VSouFz  

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For patent trolls, location is everything

October 14, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Elliot Harmon  

"Under current law, a patent owner can usually file suit in any district in which the defendant does business. The federal circuit has ruled that for the purposes of determining where a patent case is heard, a business is considered active in any state in which its products or services are available. For many patent defendants, that means that a troll can sue them for infringement in any district in the U.S., regardless of where they're based or conduct the bulk of their business. To understand why that's a problem, look no further than the Eastern District of Texas. In the past 16 years, the Eastern District has become increasingly attractive to patent trolls as a venue for patent infringement suits. " (10/13/15)

http://bit.ly/1R9gf6F  

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Mark Cuban: When he isn’t denouncing “patent trolls” — he is one

October 14, 2015
posted by

Seton Motley Heartland Institute
by Seton Motley  

"Get that? Cuban the Patent System Loather is ... suing to protect a patent. On a product he didn't invent -- in defense of a patent he only recently purchased. The allegedly nightmare patent system he denounces -- he now will utilize to deliver Walmart a 'nightmare.' Is this the first time Cuban has bought a stake -- and then sued to protect the acquired patents? Heavens no." [editor's note: Unfortunately, Motley uses this piece to defend the fiction of "intellectual property" and the state's "patent" racket; fortunately, his defenses are, as usual, unconvincing - TLK] (10/13/15)

http://bit.ly/1QodkqH  

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What is a fair market rate for music streaming on the Internet?

October 12, 2015
posted by

The American Spectator
by Brian McNicoll  

"One of my friends jokes that when he goes for a job interview and they ask him what kind of salary he wants, he always says, 'An enormous one.' Of course. But most of us settle for what we consider a fair market rate for our services. Lawyers don't work for $8 an hour; burger flippers don't demand $100. But when it comes to establishing fair-market rates for non-interactive streaming services, such as Pandora and iHeartRadio, this concept seems to have eluded some at the bargaining table. Sound Exchange, which represents musicians in these negotiations, wants that enormous salary. But the customers -- the streaming services -- can't afford it. On top of that, a fair market rate has been established, and Sound Exchange is doing everything it can to keep that rate out of the negotiations." (10/09/15)

http://bit.ly/1VOS6J2  

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Nvidia dealt blow in bid to block Samsung shipments into US

October 11, 2015
posted by

CNet News CNet News    

"Nvidia was handed a major setback Friday in its lawsuit with Samsung over the improper use of its graphics technology. Thomas B. Pender, an administrative law judge for the US International Trade Commission, wrote that Samsung didn't infringe on Nvidia's graphics patents. He also determined one of Nvidia's three patents is invalid because the technology had already been covered in previously known patents. The decision deals a blow to Nvidia's efforts to prove that Samsung illegally used its technology." (10/09/15)

http://cnet.co/1Ovnoio  

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The final leaked TPP text is all that we feared

October 11, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Jeremy Malcolm  

"Today's release by Wikileaks of what is believed to be the current and essentially final version of the intellectual property (IP) chapter of the Trans-Pacific Partnership (TPP) confirms our worst fears about the agreement, and dashes the few hopes that we held out that its most onerous provisions wouldn't survive to the end of the negotiations. ... Perhaps the biggest overall defeat for users is the extension of the copyright term to life plus 70 years (QQ.G.6), despite a broad consensus that this makes no economic sense, and simply amounts to a transfer of wealth from users to large, rights-holding corporations." (10/09/15)

http://bit.ly/1hy6GSz  

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Classical liberals and anarchists on intellectual property

October 6, 2015
posted by

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

"I’ve discussed before the IP stances of various older libertarians, classical liberal, and anarchist thinkers on IP (see The Four Historical Phases of IP Abolitionism, The Origins of Libertarian IP Abolitionism, The Death Throes of Pro-IP Libertarianism). I keep trying to add to this list. I'll supplement this post from time to time, but here is some of what I've collected. I'm omitting more recent libertarians such as Rand and Galambos. These are sorted mostly chronologically." (10/06/15)

http://bit.ly/1LfZWok  

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Why the next Speaker should tackle patent reform

October 6, 2015
posted by

The American Spectator
by Mytheos Holt  

"Whoever the new Speaker turns out to be, this means that he will need to make his mark. The best way to do that is with a decisive early victory that shows his capacity to defy special interests and work across the aisle without sacrificing principle. As it happens, such an issue that meets just that description already exists. I'm talking about patent reform. Patent reform, an otherwise overwhelmingly bipartisan cause which can unite politicians as different as Mike Lee and Chuck Schumer, is an issue that could have far-reaching implications for the GOP's ability to maintain its foothold with both the tech industry, and with small businessmen." (10/05/15)

http://bit.ly/1OW0jH4  

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If you can’t knock down left-libertarianism, knock down straw

October 4, 2015
posted by

Kevin Carson Center for a Stateless Society
by Kevin Carson  

"The only other specific problem I can think of that Johnson might have with left-libertarianism is suggested by her emphasis on 'intellectual property' [sic] and her repeated references to the unacceptability of collective ownership over 'the human mind.' If this is the case then it's she who deviates from the libertarian principles of self-ownership and non-aggression. If anything constitutes ownership of the human mind by another, it's 'intellectual property.' If anything requires government aggression and invasion of individual sovereignty to enforce, it's 'intellectual property.' So-called 'intellectual property' is nothing but a monopoly on the right to arrange things in a particular pattern." (10/02/15)

https://c4ss.org/content/40726  

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New Zealand: Oops! Crown unable to produce Dotcom extradition notices

September 30, 2015
posted by

Radio New Zealand [New Zealand state media]    

"The Crown has been unable to produce the original notices asking for Kim Dotcom and his co-accused to be extradited to the United States. The hearing to decide whether Mr Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato should be sent to the US to face copyright and money-laundering charges, over their file-sharing website Megaupload, continued today. North Shore district court services manager Fiona Parkes -- a witness for the Crown -- today produced several documents she said appeared to be copies of the extradition requests. Mr Dotcom's lawyer Ron Mansfield pointed out the documents were not date-stamped and asked Ms Parkes if she knew whether any originals existed. She said she did not. Yesterday a Justice Ministry employee was unable to confirm if the former Justice Minister, Judith Collins, had seen the provisional arrest warrants and the supporting evidence before the 2012 raid on Mr Dotcom's mansion went ahead. Under the Extradition Act, the Justice Minister is meant to be given a copy of the warrants and supporting evidence, as part of a briefing." (09/30/15)

http://bit.ly/1KRq4lP  

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New Zealand: MPAA … er, US … lawyers say Dotcom paid $3 million for movie copies, should be extradited

September 29, 2015
posted by

Ars Technica Ars Technica    

"In a New Zealand courtroom, the US government has begun making its case as to why Megaupload founder Kim Dotcom should face criminal copyright charges. Dotcom, who was arrested at his Auckland home after a dramatic raid in 2012, has long argued he shouldn't be extradited to the Eastern District of Virginia. Today, Crown lawyer Christine Gordon, representing the [Motion Picture Association of America], read out loud communications between Megaupload executives and users who uploaded copyrighted material to the site." (09/28/15)

http://tinyurl.com/o839yp3  

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Judge throws out Happy Birthday copyright claim after company collects millions in royalties

September 23, 2015
posted by

The Mirror [UK]    

"A judge has thrown out a copyright claim to 'Happy Birthday To You,' dealing a blow to the company that has collected millions in royalties from the song. Music publishing company Warner/Chappell Music made around $2million (£1.3million) every year over decades after charging people to use the song. But a US federal judge yesterday said the song was in the public domain." (09/23/15)

http://tinyurl.com/qgmupg2  

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Fighting piracy

September 22, 2015
posted by

A Geek With Guns
by Christopher Burg  

"Services such as Netflix and Spotify can succeed in fighting piracy where lawsuits cannot. This is because they rely on providing consumers a convenient service for a price they seem to find fair (judging by the fact both services have a ton of users). For me, as an Apple Music user, paying $10 per month to have easy access to almost all of the music I want to listen to without having to manually manage anything is worthwhile. With BitTorrent I have to search for the music I want, hope there's a copy in a format I can use, hope there's enough people seeding it to make the download take minutes instead of days, and finally manually add it to my music libraries (which span across several computers and mobile devices). My time is valuable enough to me that $10 per month is worth not having to do all that dicking around. Apple Music has effectively stopped me from pirating music (not that I ever have because it would be foolish to admit to such a thing on a public page)." (09/21/15)

https://blog.christopherburg.com/2015/09/21/fighting-piracy/  

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New Zealand: Hearing begins on US regime’s attempt to abduct Kim Dotcom

September 21, 2015
posted by

stuff.co.nz [New Zealand]    

"Internet entrepreneur Kim Dotcom's long-awaited extradition hearing finally got underway on Monday -- and immediately got bogged down in technical, legal argument. The United States is seeking extradition of Dotcom and his co-accused -- Mathias Ortmann, Fin Batato and Bram van der Kolk -- for alleged copyright and piracy offences. But the first day's business of the hearing was mainly procedural, with lawyers for the United States and those representing Dotcom and his co-accused arguing over what order different parts of the case should be heard. However, Dotcom did secure one early victory, being allowed to bring his own chair to the hearing, saying he needed it because he had back problems." (09/21/15)

http://tinyurl.com/qxuv684  

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US court approves Apple’s patent troll injunction request versus Samsung

September 17, 2015
posted by

San Jose Mercury    

"In what may be a symbolic legal win, a federal appeals court on Thursday blocked the sale of an older line of Samsung smartphones found by a San Jose jury last year to have copied key technology in Apple's iPhones. The U.S. Federal Circuit Court of Appeals, in a divided 2-1 ruling, backed a permanent injunction sought by Apple that would force Samsung to remove the copied features from the devices or take them off the shelves. Samsung has indicated that it could do such a 'design around,' but had urged the Washington, D.C.-based appeals court to reject the bid for an injunction in the ongoing patent war between the two tech giants." (09/17/15)

http://tinyurl.com/qax25xu  

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Quiznos mocks techies at Burning Man, may be hit with frivolous IP lawsuit

September 16, 2015
posted by

CNet News CNet News    

"When people take themselves quite seriously, there's always the potential for umbrage. So if you, say, make an ad that mocks the living daylights out of these serious people, that umbrage can become sue-age. This may be happening with respect to the just-concluded Burning Man -- the annual festival so many techies go to in order to appear less human -- and an ad that offers little respect to its attendees and ethos. ... Burning Man is upset not because it believes the jokes are hurtful, mean and therefore spiritually illegal. Instead, a Burning Man spokesman told the [Reno] Gazette-Journal that the ad includes theft [sic] of intellectual property [sic]." [editor's note: From what I've heard, Burning Man started off as a fun and cool event; this kind of total dick move establishes that it's turned into exactly the opposite. I thought about going one year a while back, but they had already turned it into an overly expensive self-admiration circus for wealthy posers - TLK] (09/13/15)

http://tinyurl.com/orccbj8  

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Big Pharma’s “orange” threat level

September 15, 2015
posted by

The American Spectator
by Mytheos Holt  

"With patent reform about to return to the legislative docket, lobbyists and advocacy groups are scrambling either to try to cram in their various pet ideas, or to kill the project altogether. I hate to say it, but the reform-killers are almost preferable, since their strategy doesn’t usually require messing with the content of the bills. Those trying to alter what is being debated, on the other hand, are almost never doing so with anything but naked crony capitalism in mind." (09/11/15)

http://tinyurl.com/noj2jz8  

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The importance of intellectual property [sic] protection to the US economy

September 3, 2015
posted by

National Center for Policy Analysis National Center for Policy Analysis
by Gene Lattus  

"From the telegraph to the telephone to the iPhone, innovation has always been at the heart of the American spirit. In an era of rapidly increasing globalization, protection of the inventions and technologies that fuel much of the U.S. economy is more important than ever." [editor's note: Even if the guy is right on his statistics, that just raises the question of whether or not an economy based on fake property rights and government-granted monopolies and rent-seeking on fake property is worth "protecting" - TLK] (09/03/15)

http://tinyurl.com/nnba446  

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Why shouldn’t copyright be infinite?

September 2, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Maira Sutton  

"If an 11-note sequence counts as infringement, how much do modern artists owe Pachelbel's descendants? The four-chord sequence making up the core of his Canon in D has been repeated in dozens, if not hundreds, of subsequent songs. Should evidence produced by Australia's Axis of Awesome be used in copyright lawsuits by anyone who can document that, ten generations back, Johann Pachelbel was a great-great-grandfather? It seems absurd. Even from the perspective of a profit-seeking artist, copyright is a double-edged sword. Stronger copyright both increases the rewards from having produced a piece of work and increases the cost of creating new works." (09/01/15)

http://tinyurl.com/o8hj544  

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Stupid Patent of the Month: A drink mixer attacks the Internet of Things

September 1, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Daniel Nazer  

"Imagine if the inventor of the Segway claimed to own 'any thing that moves in response to human commands.' Or if the inventor of the telegraph applied for a patent covering any use of electric current for communication. Absurdly overbroad claims like these would not be allowed, right? Unfortunately, the Patent Office does not do a good job of policing overly broad claims. August's Stupid Patent of the Month, U.S. Patent No. 8,788,090, is a stark example of how these claims promote patent trolling." (08/31/15)

http://tinyurl.com/pt3azyr  

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Microsoft prevails over eight-year-old attempt to block its phone sales

August 30, 2015
posted by

Engadget    

"Remember the heady days of August 2007, when the iPhone had barely reached store shelves and the Nokia N95 was all the rage? The US International Trade Commission sure does. After reviewing an 8-year-long case, the ITC has ruled that Nokia's phones (now Microsoft's) don't infringe on InterDigital patents covering 3G cellular technology. The decision eliminates the possibility of an import ban that would have prevented Microsoft from selling many of its phones in the US, including modern day Lumias. Things very nearly didn't go the company's way -- a judge had ruled in April that Microsoft was using InterDigital's patents, which would have forced the folks in Redmond to pay up." (08/29/15)

http://tinyurl.com/nt46vb9  

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Ashley Madison’s owners give in to temptation to misuse the DMCA

August 25, 2015
posted by

Electronic Frontier Foundation Electronic Frontier Foundation
by Mitch Stoltz  

"Copyright is a poor tool for making embarrassing information disappear from the Internet. It rarely succeeds, and often draws more attention to whatever was embarrassing or harmful. Copyright isn't designed for keeping secrets (in fact, it was generally meant to do the exact opposite by encouraging disclosure). Yet people keep trying to use copyright law, in part because takedown notices under the Digital Millennium Copyright Act are quick and easy, and because the rhetoric of 'theft' and threats of ridiculously large penalties can be quite scary. The latest to abuse the DMCA is Avid Life Media, the owner of the Ashley Madison website, which bills itself as 'the most famous name in infidelity and married dating.' Ashley Madison's owners have been sending numerous DMCA takedown notices to platforms like Twitter, Reddit, and others in an attempt to stop the dissemination of millions of names and email addresses of the site's users." (08/24/15)

http://tinyurl.com/p4stlfn  

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Uber: NOT the networked successor economy you’re looking for

August 23, 2015
posted by

Kevin Carson Center for a Stateless Society
by Kevin Carson  

"In the case of 'ride-sharing' services falsely so-called, the sharing economy is ideally suited to genuine p2p organizational forms -- horizontal and open-source, owned and self-organized by the actual drivers and/or passengers themselves. Uber and Lyft, despite the fact that new network technologies render the corporate form entirely superfluous, are -- just like Nike and Apple and other corporations that don't actually produce anything any more -- attempting to use 'intellectual property' (in this case a proprietary, walled-garden app), enforced by their capitalist state, to enclose the new technologies of abundance and extract rent from them." (08/22/15)

https://c4ss.org/content/39947  

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