LexisNexis Webinar on February 22, 2018 at 12 Noon ET:
Thursday, February 15, 2018
Why Students Are Still Spending So Much for College Textbooks; The Atlantic, January 26, 2018
Laura McKenna, The Atlantic; Why Students Are Still Spending So Much for College Textbooks
"Along with the traditional textbooks, many college classes now require students to purchase access codes—which cost $100 on average—to online platforms created by publishers such as McGraw-Hill and Pearson. Homework and quizzes are hidden on the platforms behind paywalls that expire after the semester, meaning students can’t resell them once they’re done with the course...
Publishers and some professors tout the advantages of these new digital assessment tools, pointing to their ability to streamline the academic experience by making it more efficient and customized. The fact that they’re becoming omnipresent on some campuses speaks to instructors’ enthusiasm for them. But as demonstrated in a new report by Student PIRGs, a collection of college student-run advocacy groups that works alongside U.S. Public Interest Research Groups, students are starting to question their merits: The access codes threaten to exacerbate the already-high cost of college materials, undermining the used-book market and reshaping the college experience. As McGrath put it, now “you have to pay to do homework.”
"Along with the traditional textbooks, many college classes now require students to purchase access codes—which cost $100 on average—to online platforms created by publishers such as McGraw-Hill and Pearson. Homework and quizzes are hidden on the platforms behind paywalls that expire after the semester, meaning students can’t resell them once they’re done with the course...
Publishers and some professors tout the advantages of these new digital assessment tools, pointing to their ability to streamline the academic experience by making it more efficient and customized. The fact that they’re becoming omnipresent on some campuses speaks to instructors’ enthusiasm for them. But as demonstrated in a new report by Student PIRGs, a collection of college student-run advocacy groups that works alongside U.S. Public Interest Research Groups, students are starting to question their merits: The access codes threaten to exacerbate the already-high cost of college materials, undermining the used-book market and reshaping the college experience. As McGrath put it, now “you have to pay to do homework.”
Sunday, February 11, 2018
Artist Says Kendrick Lamar Video for ‘Black Panther’ Song Stole Her Work; New York Times, February 11, 2018
Robin Pogrebin, New York Times; Artist Says Kendrick Lamar Video for ‘Black Panther’ Song Stole Her Work
"In detailing the infringement, the letter says the video contains a 19-second segment (starting at the 2:59 mark) “that incorporates not just the immediately-identifiable and unique look of her work, but also many of the specific copyrightable elements in the ‘Constellations’ series of paintings, including stylized motifs of mythical animals, gilded geometric forms on a black background, and distinctively textured areas and patterns, arrayed in a grid-like arrangement of forms.”
Nancy E. Wolff, a copyright lawyer who currently serves as the president of the Copyright Society of the USA, said that the video’s directors are likely to argue that the images in the video are not exact copies. But because the gold-on-black aesthetic of Ms. Viktor’s work “is so strong,” Ms. Wolff said, “it’s just going to look like it’s the same.”
“It’s really tricky because style is not protected,” Ms. Wolff added, “but I can see why everyone assumed this artist was involved.”"
"In detailing the infringement, the letter says the video contains a 19-second segment (starting at the 2:59 mark) “that incorporates not just the immediately-identifiable and unique look of her work, but also many of the specific copyrightable elements in the ‘Constellations’ series of paintings, including stylized motifs of mythical animals, gilded geometric forms on a black background, and distinctively textured areas and patterns, arrayed in a grid-like arrangement of forms.”
Nancy E. Wolff, a copyright lawyer who currently serves as the president of the Copyright Society of the USA, said that the video’s directors are likely to argue that the images in the video are not exact copies. But because the gold-on-black aesthetic of Ms. Viktor’s work “is so strong,” Ms. Wolff said, “it’s just going to look like it’s the same.”
“It’s really tricky because style is not protected,” Ms. Wolff added, “but I can see why everyone assumed this artist was involved.”"
SCIENCE’S PIRATE QUEEN; The Verge, February 8, 2018
The Verge; SCIENCE’S PIRATE QUEEN
"The legal campaigns against Sci-Hub have — through the Streisand effect — made the site more well-known than most mainstay repositories, and Elbakyan more famous than legal Open Access champions like Suber. The threat posed by ACS’s injunction against Sci-Hub has increased support for the site from web activists organizations such as the EFF, which considesr the site “a symptom of a serious problem: people who can’t afford expensive journal subscriptions, and who don’t have institutional access to academic databases, are unable to use cutting-edge scientific research.”
The effort may backfire. It does nothing to address disappointment scientists feel about how paywalls hide their work. Meanwhile, Sci-Hub has been making waves that might carry it further to a wider swath of both the public and the scientific community. And though Elbakyan might be sailing in dangerous waters, what’s to stop idealistic scientists who are frustrated with the big publishers from handing over their login credentials to Sci-Hub’s pirate queen?"
"The legal campaigns against Sci-Hub have — through the Streisand effect — made the site more well-known than most mainstay repositories, and Elbakyan more famous than legal Open Access champions like Suber. The threat posed by ACS’s injunction against Sci-Hub has increased support for the site from web activists organizations such as the EFF, which considesr the site “a symptom of a serious problem: people who can’t afford expensive journal subscriptions, and who don’t have institutional access to academic databases, are unable to use cutting-edge scientific research.”
The effort may backfire. It does nothing to address disappointment scientists feel about how paywalls hide their work. Meanwhile, Sci-Hub has been making waves that might carry it further to a wider swath of both the public and the scientific community. And though Elbakyan might be sailing in dangerous waters, what’s to stop idealistic scientists who are frustrated with the big publishers from handing over their login credentials to Sci-Hub’s pirate queen?"
Saturday, February 10, 2018
Cloudflare Terminates Service to 'The Pirate Bay of Science'; MotherBoard, February 9, 2018
Rebecca Flowers, MotherBoard; Cloudflare Terminates Service to 'The Pirate Bay of Science'
"On February 3, the Twitter account for Sci-Hub tweeted a screenshot of an alleged email from Cloudflare, the content delivery network provider for Sci-Hub (which acts as an intermediary between the user and website host), informing Sci-Hub that its service would be terminated in 24 hours. At the time of writing, the main Sci-Hub domain is inaccessible on the web, but the mirror sites mentioned in the screenshotted email from Cloudflare are still active.
Cloudflare’s termination of service is due to a court injunction against Sci-Hub, a Cloudflare spokesperson told me over the phone. That order was handed down by a federal judge in November when the American Chemical Society, another academic publisher, won $4.8 million in damages against Sci-Hub. The decision also included an injunction requiring search engines and internet service providers to block Sci-Hub, a digital blockade unusual for the US."
"On February 3, the Twitter account for Sci-Hub tweeted a screenshot of an alleged email from Cloudflare, the content delivery network provider for Sci-Hub (which acts as an intermediary between the user and website host), informing Sci-Hub that its service would be terminated in 24 hours. At the time of writing, the main Sci-Hub domain is inaccessible on the web, but the mirror sites mentioned in the screenshotted email from Cloudflare are still active.
Cloudflare’s termination of service is due to a court injunction against Sci-Hub, a Cloudflare spokesperson told me over the phone. That order was handed down by a federal judge in November when the American Chemical Society, another academic publisher, won $4.8 million in damages against Sci-Hub. The decision also included an injunction requiring search engines and internet service providers to block Sci-Hub, a digital blockade unusual for the US."
Fair Use/Fair Dealing Week 2018 to Be Celebrated February 26–March 2; Association of Research Libraries (ARL), January 17, 2018
Krista L. Cox, Association of Research Libraries (ARL);
"Mark your calendars! Fair Use/Fair Dealing Week 2018—a community celebration coordinated by the Association of Research Libraries—will take place Monday–Friday, February 26–March 2. You can participate on a single day during the week, multiple days, or the full week."
Fair Use/Fair Dealing Week 2018 to Be Celebrated February 26–March 2
"Mark your calendars! Fair Use/Fair Dealing Week 2018—a community celebration coordinated by the Association of Research Libraries—will take place Monday–Friday, February 26–March 2. You can participate on a single day during the week, multiple days, or the full week."
Happy birthday open source: A look back at the software that's pushing tech forward; TechRepublic, February 7, 2018
Jack Wallen, TechRepublic; Happy birthday open source: A look back at the software that's pushing tech forward
"Twenty years. It's been 20 years since the Open Source Definition (based on the Debian Free Software Guidelines) was published. That definition sought to uphold 10 ideas:
"Twenty years. It's been 20 years since the Open Source Definition (based on the Debian Free Software Guidelines) was published. That definition sought to uphold 10 ideas:
- A license shall not restrict free redistribution
- The source code must be included with the program
- The license must allow for derived works
- The license protects the integrity of the author's source code
- No discrimination against persons or groups
- No discrimination against fields of endeavor
- The rights attached to the program must apply to all to whom the program is redistributed
- License must not be specific to a product
- License must not restrict other software
- License must be technology-neutral
From that original definition, the idea of "free" (as in "freedom," not "price") software was born. In part, because of the Open Source Definition, plenty of game-changing software has been developed."
Can Christian Louboutin Trademark Red Soles? An E.U. Court Says No; New York Times, February 6, 2018
Elizabeth Paton, New York Times; Can Christian Louboutin Trademark Red Soles? An E.U. Court Says No
"The case highlights one of the most difficult questions in fashion: In a world where designers often have distinct styles, and attract admirers based on those styles, what can, and cannot, be trademarked?"
"The case highlights one of the most difficult questions in fashion: In a world where designers often have distinct styles, and attract admirers based on those styles, what can, and cannot, be trademarked?"
It’s all over: Why the Waymo v. Uber self-driving settlement makes sense; Ars Technica, February 10, 2018
Cyrus Farivar, Ars Technica; It’s all over: Why the Waymo v. Uber self-driving settlement makes sense
"On Friday morning, Waymo and Uber settled their trade secrets lawsuit, setting the stage for self-driving marketplace competition rather than a legal battle.
"On Friday morning, Waymo and Uber settled their trade secrets lawsuit, setting the stage for self-driving marketplace competition rather than a legal battle.
After a drawn-out struggle both in a court of law and the court of public opinion, a settlement is the outcome that makes the most sense for both parties. To borrow a phrase that came out during trial from Uber’s ex-CEO, Travis Kalanick, the deal "minimizes risk, minimizes pain."
Waymo gets what it wants: Uber agreed to ensure that none of Waymo’s "confidential information" would end up in hardware or software produced by Uber’s self-driving division, known as the Advanced Technologies Group. Waymo also will receive a sizeable 0.34 percent equity share of Uber, worth over $244 million. No money has actually changed hands: it’s an all-equity arrangement, which means Waymo is financially invested to some degree in Uber's future. (The New York Times reported Friday that Uber's board had initially offered 0.68 percent, but that proposal was yanked prior to trial. After Thursday's fourth day of trial, settlement talks resumed.)"
Tuesday, February 6, 2018
Andrei Iancu Named US Patent And Trademark Office Director; Intellectual Property Watch, February 6, 2018
Dugie Standeford, Intellectual Property Watch; Andrei Iancu Named US Patent And Trademark Office Director
"By a vote of 94-0, the United States Senate on 5 February confirmed California intellectual property litigator Andrei Iancu as next director of the US Patent and Trademark Office (USPTO)."
"By a vote of 94-0, the United States Senate on 5 February confirmed California intellectual property litigator Andrei Iancu as next director of the US Patent and Trademark Office (USPTO)."
Sunday, February 4, 2018
Marvel Uses DC Comics to Fight for ‘Jean Grey’ Trademark; Bleeding Cool, February 4, 2018
Rich Johnston, Bleeding Cool; Marvel Uses DC Comics to Fight for ‘Jean Grey’ Trademark
"Marvel was invited to respond to submit evidence that “the applied-for mark is used to identify the goods in addition to identifying the character.”
Oh, and while they were at it, confirm that Jean Grey is not a real living person.
Well, Marvel has now responded, and is using evidence of its claims, almost 700 pages’ worth, of images of valid trademarks — mostly from DC Comics — to make its point.
Which is basically a) yes, we can, b) you’ve done it for other people before, and c) you’ve done it for us before."
"Marvel was invited to respond to submit evidence that “the applied-for mark is used to identify the goods in addition to identifying the character.”
Oh, and while they were at it, confirm that Jean Grey is not a real living person.
Well, Marvel has now responded, and is using evidence of its claims, almost 700 pages’ worth, of images of valid trademarks — mostly from DC Comics — to make its point.
Which is basically a) yes, we can, b) you’ve done it for other people before, and c) you’ve done it for us before."
Saturday, February 3, 2018
Responsible Enforcement: How To Handle Copyright Disputes; Forbes, January 31, 2018
Art Neill, Forbes; Responsible Enforcement: How To Handle Copyright Disputes
"Co-author Teri Karobonik contributed to this post*
"Co-author Teri Karobonik contributed to this post*
You’ve started your business and covered all your bases. You’ve got contracts in place and you registered your copyrights and trademarks. But then it happens: you see your copyright or trademark reused without your permission. Or maybe, despite your carefully crafted contract, the videographer your hired to create a promo video won’t give you the video that you paid for. Or perhaps someone just said something really mean about you on the internet. What do you do?
There are many types of legal disputes that you might encounter when you own intellectual property. While we can’t tell you what to do in every situation, let’s break down many of the types of disputes you may encounter and provide some basic suggestions for responding to those disputes.
This is part of 1 of 3 about responsible enforcement in copyright disputes. The next two articles will be about trademark and defamation disputes."
Friday, February 2, 2018
Open science: Sharing is caring, but is privacy theft? by David Mehler and Kevin Weiner; PLOS Neuro Community Blog, January 31, 2018
Emilie Reas, PLOS Neuro Community Blog; Open science: Sharing is caring, but is privacy theft? by David Mehler and Kevin Weiner
"As we are actively figuring out the balance between transparency and collaboration in research, we thought it was worth reaching out to six of our colleagues who have thought extensively about OS. We hope that additional scientists will weigh in with further insight regarding this balance not only in human brain mapping, but also in other scientific fields.
"As we are actively figuring out the balance between transparency and collaboration in research, we thought it was worth reaching out to six of our colleagues who have thought extensively about OS. We hope that additional scientists will weigh in with further insight regarding this balance not only in human brain mapping, but also in other scientific fields.
Specifically, we asked them: What are the main challenges in moving toward Open Science and how can we meet them? Here are their responses:
Kirstie Whitaker (University of Cambridge, Department of Psychiatry):
“Change is coming. Before we continue, let’s define some terms for potential readers: Open Science is an umbrella term that can mean different things to different people. Open access research allows everyone to learn from scientific work (particularly that paid for by the tax payer). Open educational resources mean we don’t re-invent the wheel when we teach others about our work. Open source materials are ones that allow you to see inside, and improve, the black box. Open dataallows researchers to verify our work, and conduct analyses that could not be carried out by one group alone.
Open Science also means open to everyone. We can use the power of curious non-experts through Citizen Science projects. The Open Neuroimaging Laboratory was a finalist for the Open Science Prizeand sought to “lower the barriers for researchers, students, and citizen scientists to help scientific discovery”. We can look to other neuroscience projects such as Eye Wire and FoldIt for inspiration in the future.
Finally, Open Science means open for all. Whose voices are not currently represented well in our field of study? Who is not advancing to tenured positions? How do we ensure that researchers in the developing world are able to contribute to our quest to understand the human brain? All of the open practices above facilitate the inclusion of under-represented minorities, but it will require ongoing focus and consideration to create an equitable community. That’s my biggest challenge: addressing my implicit (and explicit) biases to ensure we have bigger, better and more diverse ideas in the future.
I would like to live in a world where helping to advance the boundary of scientific knowledge is rewarded through new findings and by confirming (or not) already published results irrespective of who owns the data.”"
Copyright And Artificial Intelligence; Intellectual Property Watch, January 30, 2018
Edward Klaris, Managing Partner, KlarisLaw and KlarisIP, Lecturer-in-Law at Columbia Law School, Intellectual Property Watch; Copyright And Artificial Intelligence
"If a software engineer programs a bot which can generate music, for example, the copyright belongs to the person who created a song by controlling the bot, not the engineer who fabricated the software, nor the bot itself. The monkey may have pushed the camera button, but the photographer owns the copyright. That’s got to be the rule even in a world where the bot may be operating more on its own and with increasing artificial intelligence. United States law needs to evolve to recognize that, although a person may rely even 100 percent on a machine to produce original work, the person is the author worthy of Constitutional protection.
Of course, there may well be cases that test this position going forward. But, in an increasingly mechanized world, we must hold fast to the original principles of promoting “the progress of science and useful arts” by protecting human creativity and innovation."
"If a software engineer programs a bot which can generate music, for example, the copyright belongs to the person who created a song by controlling the bot, not the engineer who fabricated the software, nor the bot itself. The monkey may have pushed the camera button, but the photographer owns the copyright. That’s got to be the rule even in a world where the bot may be operating more on its own and with increasing artificial intelligence. United States law needs to evolve to recognize that, although a person may rely even 100 percent on a machine to produce original work, the person is the author worthy of Constitutional protection.
Of course, there may well be cases that test this position going forward. But, in an increasingly mechanized world, we must hold fast to the original principles of promoting “the progress of science and useful arts” by protecting human creativity and innovation."
Super Bowl Legal Blitz: Inside The NFL's Legendary Trademark Defense; Forbes, January 30, 2018
Michelle Fabio, Forbes; Super Bowl Legal Blitz: Inside The NFL's Legendary Trademark Defense
"A trademark is a "word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services." Generally, courts use a "likelihood of confusion" test to determine whether trademark infringement has occurred, i.e., whether a consumer is likely to be confused as to the source of the goods or services by the allegedly infringing usage.
"A trademark is a "word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services." Generally, courts use a "likelihood of confusion" test to determine whether trademark infringement has occurred, i.e., whether a consumer is likely to be confused as to the source of the goods or services by the allegedly infringing usage.
Legally speaking, defending a mark is an important aspect of being a trademark owner. Besides the potential weakening and loss of distinctiveness ("dilution" in trademark speak), the failure to enforce a trademark could even lead to the forfeiture of some of the available remedies for infringement.
For this reason, multimillion-dollar companies hire professional watch services to monitor trademark use and possible infringement. And with the NFL, nothing seems to escape its notice—or legal wrath—which goes far beyond just counterfeiters.
In 2007, the NFL sent a warning letter to an Indianapolis church that had advertised a “Super Bowl” party and planned to charge admission for a viewing on a screen larger than 55-inches. The league has since loosened its policies regarding gatherings—the word “Super Bowl” and team names can be used—but still no admission fees are allowed. For churches, the event must be held in the usual place of worship as opposed to a rented space.
Notably, the logos of the NFL, the Super Bowl and the participating teams may not be used, which has led to rather hilarious if legally sound results. Take, for example, this promotional image by a Bethlehem, Pennsylvania arts campus, which features clip art, "Birds" and "Big Game," instead of official NFL logos, "Philadelphia Eagles" and "Super Bowl"..."
Facebook patent tries to guess users' socioeconomic status; Axios, February 2, 2018
Kim Hart, Axios; Facebook patent tries to guess users' socioeconomic status
"A new patent from Facebook describes a system that would use data points it collects on the user — like education, travel history, the number of devices owned, and homeownership — to predict their socioeconomic status. The patent was spotted by CBInsights.
Why it matters: The social network, which is already coming under fire for knowing too much about its users, could use such a system to better target ads and content to specific audiences."
"A new patent from Facebook describes a system that would use data points it collects on the user — like education, travel history, the number of devices owned, and homeownership — to predict their socioeconomic status. The patent was spotted by CBInsights.
Why it matters: The social network, which is already coming under fire for knowing too much about its users, could use such a system to better target ads and content to specific audiences."
Thursday, February 1, 2018
GDPR is coming. Here are four simple steps to help you prepare; Wired, January 4, 2018
Matt Burgess, Wired; GDPR is coming. Here are four simple steps to help you prepare
"If you've made it this far without hearing of GDPR, or don't know where to start with preparing for its obligations, we've put together a few simple steps to get you started. GDPR is a dense piece of law so these shouldn't be treated as an all-encompassing list of actions to get you underway."
"If you've made it this far without hearing of GDPR, or don't know where to start with preparing for its obligations, we've put together a few simple steps to get you started. GDPR is a dense piece of law so these shouldn't be treated as an all-encompassing list of actions to get you underway."
Tech Giants Brace for Europe’s New Data Privacy Rules; New York Times, January 28, 2018
Sheera Frenkel, New York Times; Tech Giants Brace for Europe’s New Data Privacy Rules
"Ms. Jourová said as the new rules take effect, countries outside Europe could begin demanding similar data protection measures for their citizens.
“There will be a moment, especially as more and more people in the U.S. find themselves uncomfortable with the channels monitoring their private lives,” she said."
"Ms. Jourová said as the new rules take effect, countries outside Europe could begin demanding similar data protection measures for their citizens.
“There will be a moment, especially as more and more people in the U.S. find themselves uncomfortable with the channels monitoring their private lives,” she said."
WTF is GDPR?; TechCrunch, January 20, 2018
Natasha Lomas, TechCrunch; WTF is GDPR?
"The EC’s theory is that consumer trust is essential to fostering growth in the digital economy. And it thinks trust can be won by giving users of digital services more information and greater control over how their data is used. Which is — frankly speaking — a pretty refreshing idea when you consider the clandestine data brokering that pervades the tech industry. Mass surveillance isn’t just something governments do.
The General Data Protection Regulation (aka GDPR) was agreed after more than three years of negotiations between the EU’s various institutions.
It’s set to apply across the 28-Member State bloc as of May 25, 2018. That means EU countries are busy transposing it into national law via their own legislative updates (such as the UK’s new Data Protection Bill — yes, despite the fact the country is currently in the process of (br)exiting the EU, the government has nonetheless committed to implementing the regulation because it needs to keep EU-UK data flowing freely in the post-brexit future. Which gives an early indication of the pulling power of GDPR.
Meanwhile businesses operating in the EU are being bombarded with ads from a freshly energized cottage industry of ‘privacy consultants’ offering to help them get ready for the new regs — in exchange for a service fee. It’s definitely a good time to be a law firm specializing in data protection."
"The EC’s theory is that consumer trust is essential to fostering growth in the digital economy. And it thinks trust can be won by giving users of digital services more information and greater control over how their data is used. Which is — frankly speaking — a pretty refreshing idea when you consider the clandestine data brokering that pervades the tech industry. Mass surveillance isn’t just something governments do.
The General Data Protection Regulation (aka GDPR) was agreed after more than three years of negotiations between the EU’s various institutions.
It’s set to apply across the 28-Member State bloc as of May 25, 2018. That means EU countries are busy transposing it into national law via their own legislative updates (such as the UK’s new Data Protection Bill — yes, despite the fact the country is currently in the process of (br)exiting the EU, the government has nonetheless committed to implementing the regulation because it needs to keep EU-UK data flowing freely in the post-brexit future. Which gives an early indication of the pulling power of GDPR.
Meanwhile businesses operating in the EU are being bombarded with ads from a freshly energized cottage industry of ‘privacy consultants’ offering to help them get ready for the new regs — in exchange for a service fee. It’s definitely a good time to be a law firm specializing in data protection."
Data is the new lifeblood of capitalism – don't hand corporate America control; Guardian, February 1, 2018
Ben Tarnoff, Guardian; Data is the new lifeblood of capitalism – don't hand corporate America control
"Over the past year, a growing number of people have come to realize that data has a dark side. The information revolution has turned out to be something less than total liberation. The digital sphere is not intrinsically democratic; rather, what matters is who owns it and how it’s organized.
The digitization of everything has made this abundantly clear. As more of our lives are made into data, the companies that control that data have grown rich and powerful. It’s not merely that they know so much about us, from our favorite type of toilet paper to our favorite type of porn. It’s that they use what they know to inform algorithmic decisions that have a significant impact on society as a whole –decisions like what kind of news (if any) we consume, or how long we go to prison.
But the stakes are even higher. The emphasis on personal data has obscured the fact that data is not just personal – it’s commercial, industrial, financial. The reason that corporations are so concerned about who controls the packets that flow through the world’s fiber-optic cables is because a vast array of profit-making activities now depends on them."
"Over the past year, a growing number of people have come to realize that data has a dark side. The information revolution has turned out to be something less than total liberation. The digital sphere is not intrinsically democratic; rather, what matters is who owns it and how it’s organized.
The digitization of everything has made this abundantly clear. As more of our lives are made into data, the companies that control that data have grown rich and powerful. It’s not merely that they know so much about us, from our favorite type of toilet paper to our favorite type of porn. It’s that they use what they know to inform algorithmic decisions that have a significant impact on society as a whole –decisions like what kind of news (if any) we consume, or how long we go to prison.
But the stakes are even higher. The emphasis on personal data has obscured the fact that data is not just personal – it’s commercial, industrial, financial. The reason that corporations are so concerned about who controls the packets that flow through the world’s fiber-optic cables is because a vast array of profit-making activities now depends on them."
Amazon patents wristband that tracks warehouse workers' movements; Guardian, January 31, 2018
Olivia Solon, Guardian; Amazon patents wristband that tracks warehouse workers' movements
"Amazon has patented designs for a wristband that can precisely track where warehouse employees are placing their hands and use vibrations to nudge them in a different direction.
The concept, which aims to streamline the fulfilment of orders, adds another layer of surveillance to an already challenging working environment."
"Amazon has patented designs for a wristband that can precisely track where warehouse employees are placing their hands and use vibrations to nudge them in a different direction.
The concept, which aims to streamline the fulfilment of orders, adds another layer of surveillance to an already challenging working environment."
Monday, January 29, 2018
We Shall Overcome’ Is Put in Public Domain in a Copyright Settlement; New York Times, January 26, 2018
Christopher Mele, New York Times; 'We Shall Overcome’ Is Put in Public Domain in a Copyright Settlement
"The settlement was “an enormously important achievement” because others can now use the song without paying for it or seeking permission, a lawyer for the plaintiffs, Mark C. Rifkin, said in a telephone interview on Friday night. “We’re really thrilled to be part of an effort to give this song back to the public where it belongs,” he said.
The case is the latest one to cancel the copyright of a time-honored song that many people may well assume was available for anyone to sing: A judge invalidated the copyright on “Happy Birthday to You” in 2015."
"The settlement was “an enormously important achievement” because others can now use the song without paying for it or seeking permission, a lawyer for the plaintiffs, Mark C. Rifkin, said in a telephone interview on Friday night. “We’re really thrilled to be part of an effort to give this song back to the public where it belongs,” he said.
The case is the latest one to cancel the copyright of a time-honored song that many people may well assume was available for anyone to sing: A judge invalidated the copyright on “Happy Birthday to You” in 2015."
Friday, January 26, 2018
Exclusive: playwright's estate says The Shape of Water used his work without credit; Guardian, January 25, 2018
Sam Levin, Guardian; Exclusive: playwright's estate says The Shape of Water used his work without credit
"The estate of the Pulitzer-winning playwright Paul Zindel has accused the film The Shape of Water of using the late writer’s work without credit, arguing that Guillermo del Toro’s movie, which is leading in Oscar nominations, was “obviously derived” from a 1969 play.
David Zindel, son of the American playwright, told the Guardian he believes his father’s work Let Me Hear You Whisper, a play about a female janitor in a research laboratory who bonds with a captive dolphin and tries to rescue the creature, is a source of inspiration for The Shape of Water. Del Toro’s film was nominated on Tuesday for 13 Oscars, including best picture, best director and best original screenplay."
"The estate of the Pulitzer-winning playwright Paul Zindel has accused the film The Shape of Water of using the late writer’s work without credit, arguing that Guillermo del Toro’s movie, which is leading in Oscar nominations, was “obviously derived” from a 1969 play.
David Zindel, son of the American playwright, told the Guardian he believes his father’s work Let Me Hear You Whisper, a play about a female janitor in a research laboratory who bonds with a captive dolphin and tries to rescue the creature, is a source of inspiration for The Shape of Water. Del Toro’s film was nominated on Tuesday for 13 Oscars, including best picture, best director and best original screenplay."
Grumpy Cat Awarded $710,000 In Copyright Infringement Suit; NPR, January 25, 2018
Scott Neuman, NPR; Grumpy Cat Awarded $710,000 In Copyright Infringement Suit
"In the end, the jury sided with Grumpy Cat, awarding $710,000 for copyright and trademark infringement and $1 for breach of contract, Courthouse News says."
"In the end, the jury sided with Grumpy Cat, awarding $710,000 for copyright and trademark infringement and $1 for breach of contract, Courthouse News says."
What's behind the soaring cost of college textbooks; CBSNews.com, January 26, 2018
Kathy Kristof, CBSNews.com;
"Notably, a movement is growing to provide copyright-free open-access text books. But these programs have been adopted at only 6 percent of schools. Open-access course materials are peer-reviewed, easily customizable and can include textbooks, articles and even sample problems and quizzes -- just like the materials publishers often hide behind paywalls.
"With open educational resources, there are no access codes, and students never lose access to their core content," said Nicole Finkbeiner, associate director of institutional relations for OpenStax, an open-textbooks publisher based at Rice University in Texas. "This enables students to continue to use and refer to their core content as they move forward in their studies, when studying for advancement exams, and in their professional lives, without any additional costs or barriers."
U.S. Rep. Jared Polis, D-Colorado, has twice introduced legislation would create a national grant program to encourage professors to adopt open-access texts. However, the legislation stalled in the Health and Education Committee."
What's Behind the Soaring Cost of College Textbooks
"Notably, a movement is growing to provide copyright-free open-access text books. But these programs have been adopted at only 6 percent of schools. Open-access course materials are peer-reviewed, easily customizable and can include textbooks, articles and even sample problems and quizzes -- just like the materials publishers often hide behind paywalls.
"With open educational resources, there are no access codes, and students never lose access to their core content," said Nicole Finkbeiner, associate director of institutional relations for OpenStax, an open-textbooks publisher based at Rice University in Texas. "This enables students to continue to use and refer to their core content as they move forward in their studies, when studying for advancement exams, and in their professional lives, without any additional costs or barriers."
U.S. Rep. Jared Polis, D-Colorado, has twice introduced legislation would create a national grant program to encourage professors to adopt open-access texts. However, the legislation stalled in the Health and Education Committee."
Sunday, January 21, 2018
Appeals court vacates decisions that canceled Redskins trademark registrations; USA Today, January 18, 2018
Erik Brady, USA Today; Appeals court vacates decisions that canceled Redskins trademark registrations
"The U.S. Court of Appeals for the Fourth Circuit on Thursday vacated decisions that had canceled the Washington NFL team’s federal trademark registrations, officially ending a legal fight that lasted more than 25 years.
Legally speaking, the team won. Culturally speaking, Native American petitioners believe they did."
"The U.S. Court of Appeals for the Fourth Circuit on Thursday vacated decisions that had canceled the Washington NFL team’s federal trademark registrations, officially ending a legal fight that lasted more than 25 years.
Legally speaking, the team won. Culturally speaking, Native American petitioners believe they did."
Kitty Perry and the copyright lessons for seven-year-olds; BBC News, January 17, 2018
Brian Wheeler, BBC News;
"The Intellectual Property Office is leading the government's efforts to crack down on internet piracy and protect the revenues of Britain's creative industries.
Kitty Perry and the copyright lessons for seven-year-olds
"The Intellectual Property Office is leading the government's efforts to crack down on internet piracy and protect the revenues of Britain's creative industries.
The government agency is spending £20,000 of its own money on the latest Nancy campaign, which is part-funded by the UK music industry.
Catherine Davies, head of the IPO's education outreach department, which already produces teaching materials for GCSE students, admitted IP was a "complex subject" for small children and something of a challenge to make accessible and entertaining...
"A basic understanding of IP and a respect for others' IP rights is therefore a key life skill."
But some fear the IPO is being too heavy-handed in its warnings about piracy and that the message could backfire.
Jim Killock, director of the Open Rights Group campaign, said: "Some of the material seems misleading, in particular the episode explaining that downloading is the same as stealing from a shop."
How AI and copyright would work; Tech Crunch, January 9, 2018
Dave Davis, Tech Crunch;
"The real problem of self-aware AI generating original content with intent has not arrived (yet). But it may, and it is interesting to think about.
The core question about AI-generated works is: Can AI-generated works be reasonably construed as original expression, even though there’s no person behind the work doing the expressing?"
How AI and copyright would work
"The real problem of self-aware AI generating original content with intent has not arrived (yet). But it may, and it is interesting to think about.
The core question about AI-generated works is: Can AI-generated works be reasonably construed as original expression, even though there’s no person behind the work doing the expressing?"
Copyright Week 2018: Join Us in Fighting for Better Copyright Law and Policy; Electronic Frontier Foundation (EFF), January 15, 2018
Katharine Trendacosta, Electronic Frontier Foundation (EFF);
"We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of copyright law and policy, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation."
Copyright Week 2018: Join Us in Fighting for Better Copyright Law and Policy
"We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of copyright law and policy, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation."
Primary school children need to learn about intellectual property, Government agency says ; Telegraph, January 20, 2018
Camilla Turner, Telegraph;
Primary school children need to learn about intellectual property, Government agency says
"Primary school children should be taught about copyright law and intellectual property amid a rise in social media, a Government agency has said.
The Intellectual Property Office (IPO) has launched a raft of teaching resources and videos aimed at helping children aged seven to 11 learn about piracy, patents and trademarks.
Catherine Davies, head of the IPO’s education outreach department, said that children start using technology and social media at an increasingly young age, so by the time they are teenagers it is already too late to teach them about respecting copyright laws."
Every College Student's Dream: An 8 AM Class On Patents; Wired, January 20, 2018
David Kline, Wired; Every College Student's Dream: An 8 AM Class On Patents
[Kip Currier: Money quote from this Wired article making a very persuasive quantitative and qualitative argument for more Intellectual Property (IP) undergraduate courses--
"Nor is there any doubt that IP plays a pivotal role in powering today’s knowledge economy, where intangible assets such as IP represent more than 80 percent of the market value of all publicly traded companies. Indeed, intellectual-property-intensive industries now account for a surprising 38.2 percent of total US GDP, according to a recent US Department of Commerce report. That’s more than $6 trillion a year, more than the GDP of any other nation except China. IP-based industries are also responsible for 30 percent, of national employment, or roughly 40 million jobs.
Yet despite IP's enormous role in the US economy, few universities offer any sort of course on IP to undergraduates. Among the first is the University of Southern California, which last fall launched a course on the basic workings of patents, copyrights, trademarks and trade secrets. The new course, through the Greif Center for Entrepreneurial Studies within USC’s Marshall School of Business, aims to train tomorrow’s leaders in the skills they need to navigate our increasingly IP-driven economy...
[Kip Currier: Money quote from this Wired article making a very persuasive quantitative and qualitative argument for more Intellectual Property (IP) undergraduate courses--
"...IP literacy is not just for lawyers anymore."
As a related aside: Reflecting an increasing student desire and need for IP education, two out of every three terms per academic year since 2009, I've been teaching an IP elective course to graduate students at Pitt's School of Information Sciences (now the School of Computing and Information).
Additionally, in IP guest talks I've given for undergraduate students participating in Pitt's groundbreaking iSchool Inclusion Institute, it's been exciting to see first-hand many students' interest in augmenting their IP awareness...as well as more and more students creating and leveraging their own IP works!]
"Nor is there any doubt that IP plays a pivotal role in powering today’s knowledge economy, where intangible assets such as IP represent more than 80 percent of the market value of all publicly traded companies. Indeed, intellectual-property-intensive industries now account for a surprising 38.2 percent of total US GDP, according to a recent US Department of Commerce report. That’s more than $6 trillion a year, more than the GDP of any other nation except China. IP-based industries are also responsible for 30 percent, of national employment, or roughly 40 million jobs.
Yet despite IP's enormous role in the US economy, few universities offer any sort of course on IP to undergraduates. Among the first is the University of Southern California, which last fall launched a course on the basic workings of patents, copyrights, trademarks and trade secrets. The new course, through the Greif Center for Entrepreneurial Studies within USC’s Marshall School of Business, aims to train tomorrow’s leaders in the skills they need to navigate our increasingly IP-driven economy...
Put another way, just as tech literacy was once a requirement only for IT specialists but is now considered almost as essential as verbal literacy, IP literacy is not just for lawyers anymore.
All of which calls to mind that scene from the 1967 movie The Graduate, when Mr. McGuire (Walter Brooke) offers career advice to a young Benjamin Braddock (Dustin Hoffman)?
“Plastics!” he says. “There’s a great future in plastics.”
Half a century later, USC is demonstrating that intellectual property has become the new watchword for almost any career of the future."
Tuesday, January 16, 2018
Brain Power Pays Off With Japan’s Intellectual Property Exports; Bloomberg, January 15, 2018
Connor Cislo, Bloomberg; Brain Power Pays Off With Japan’s Intellectual Property Exports
"Given the importance of IP to their economies, Japan and other advanced nations such as the U.S. are trying to strengthen protections in this area.
"Given the importance of IP to their economies, Japan and other advanced nations such as the U.S. are trying to strengthen protections in this area.
Japan nearly saw its preferred IP protection regime realized in the Trans-Pacific Partnership, until President Donald Trump’s decision to pull the U.S. out of the agreement threw the pact's future into doubt.
The remaining 11 TPP members have suspended multiple IP-related provisions from the original agreement. Meanwhile, another large trade deal championed by China, the Regional Comprehensive Economic Partnership, doesn’t address IP to the satisfaction of Japanese businesses."
Monday, January 15, 2018
Parsing the patents: CMU seeking clear answers on AI in workforce; Pittsburgh Post-Gazette, January 15, 2018
Daniel Moore, Pittsburgh Post-Gazette; Parsing the patents: CMU seeking clear answers on AI in workforce
"...[T]here has been sparse research into what local governments and foundations can do to cushion the blow of technology: Precisely where, how and in what professions will some of the biggest disruptors — driven by artificial intelligence — roll out first?
"...[T]here has been sparse research into what local governments and foundations can do to cushion the blow of technology: Precisely where, how and in what professions will some of the biggest disruptors — driven by artificial intelligence — roll out first?
“The advantage of our approach is you can see in a very granular way, where these inventions are emerging,” said Lee Branstetter, a CMU professor of economics and public policy leading the new study that is relying in part of patent filings. “And how this is all changing over time.”
The research is one of two projects awarded a total of $550,000 from the Heinz Endowments, which is marking the launch of its Future of Work initiative...
Put together, patents can be used to visualize where artificial intelligence is making gains. The idea is to display artificial intelligence shifts on a map that shows different regions and industries."
Monday, August 28, 2017
Jack Kirby’s 100 Coolest Comic Book Creations; Comic Book Resources, August 28, 2017
Brian Cronin, Comic Book Resources; Jack Kirby’s 100 Coolest Comic Book Creations
"Today would have been the 100th birthday of legendary comic book artist Jack Kirby. Comic book fans and creators from all over the world are spending today sharing their favorite memories on social media about the comic book icon. When we were thinking of ways to celebrate his tremendous impact on the world of comic books, we realized that one of the easiest ways to visualize Kirby’s impact was just to list 100 of his coolest comic book creations. So that’s just what we’re going to do. We’re going to alphabetically list 100 amazingly awesome comic book creations by Jack “The King” Kirby and we’re combing characters as much as possible, so this could easily be waaaaaaay over 100 (the X-Men, for instance, are just one entry when they could easily be six between Professor X, Cyclops, Jean Grey, Beast, Angel and Iceman). Enjoy!"
"Today would have been the 100th birthday of legendary comic book artist Jack Kirby. Comic book fans and creators from all over the world are spending today sharing their favorite memories on social media about the comic book icon. When we were thinking of ways to celebrate his tremendous impact on the world of comic books, we realized that one of the easiest ways to visualize Kirby’s impact was just to list 100 of his coolest comic book creations. So that’s just what we’re going to do. We’re going to alphabetically list 100 amazingly awesome comic book creations by Jack “The King” Kirby and we’re combing characters as much as possible, so this could easily be waaaaaaay over 100 (the X-Men, for instance, are just one entry when they could easily be six between Professor X, Cyclops, Jean Grey, Beast, Angel and Iceman). Enjoy!"
Friday, August 25, 2017
United States: Even Bambi Is A Trade Secret: Eastern District Of Texas Finds That Lineage And Genetic Information Of Deer Are Trade Secrets, Grants Preliminary Injunction; Mondaq, August 22, 2017
Michael D. Weil and Tierra Piens, Mondaq; United States: Even Bambi Is A Trade Secret: Eastern District Of Texas Finds That Lineage And Genetic Information Of Deer Are Trade Secrets, Grants Preliminary Injunction
"Earlier this year, the North American Deer Registry (NADR) filed a complaint in the Eastern District of Texas alleging trade secrets misappropriation under the Defend Trade Secrets Act (DTSA) and the Oklahoma Uniform Trade Secrets Act. Specifically, NADR alleged that its vendor, DNA Solutions (DNAS), retained NADR's trade secret information, the contents of the database, after the conclusion of their contractual relationship.
NADR hired DNAS to process the genetic information of various deer, perform genetic matching services, and host a database that eventually contained information on 230,000 deer. The contractual agreement contained a "Return of Information" provision that required DNAS to return "all NADR and NADR member Information, Biological Materials, Genetic Information and Genotype Data" at the conclusion of their contractual relationship. The contract expired on January 1, 2017. Per the contract, DNAS returned the information regarding the deer in NADR's registry, but DNAS admittedly retained a duplicate of the information."
"Earlier this year, the North American Deer Registry (NADR) filed a complaint in the Eastern District of Texas alleging trade secrets misappropriation under the Defend Trade Secrets Act (DTSA) and the Oklahoma Uniform Trade Secrets Act. Specifically, NADR alleged that its vendor, DNA Solutions (DNAS), retained NADR's trade secret information, the contents of the database, after the conclusion of their contractual relationship.
NADR hired DNAS to process the genetic information of various deer, perform genetic matching services, and host a database that eventually contained information on 230,000 deer. The contractual agreement contained a "Return of Information" provision that required DNAS to return "all NADR and NADR member Information, Biological Materials, Genetic Information and Genotype Data" at the conclusion of their contractual relationship. The contract expired on January 1, 2017. Per the contract, DNAS returned the information regarding the deer in NADR's registry, but DNAS admittedly retained a duplicate of the information."
You can’t trademark yellow, Cheerios; , August 25, 2017
Cody Nelson, Minnesota Public Radio; You can’t trademark yellow, Cheerios
"The Cheerios’ shade of yellow isn’t “inherently distinctive” enough to qualify for a trademark, the federal Trademark Trial and Appeal Board ruled this week.
General Mills had spent the past two years trying to trademark “the color yellow appearing as the predominant uniform background color” on Cheerios boxes, Ars Technica reports.
Turns out the Cheerios yellow is just too average. For intellectual-property regulators to deem a color trademark-able, consumers must consider it to have a certain “distinctiveness.”"
"The Cheerios’ shade of yellow isn’t “inherently distinctive” enough to qualify for a trademark, the federal Trademark Trial and Appeal Board ruled this week.
General Mills had spent the past two years trying to trademark “the color yellow appearing as the predominant uniform background color” on Cheerios boxes, Ars Technica reports.
Turns out the Cheerios yellow is just too average. For intellectual-property regulators to deem a color trademark-able, consumers must consider it to have a certain “distinctiveness.”"
New Balance wins record China trademark award; BBC, August 24, 2017
BBC; New Balance wins record China trademark award
"A Chinese court awarded the US sportswear firm more than 10 million yuan (£1.2m; $1.5m).
"A Chinese court awarded the US sportswear firm more than 10 million yuan (£1.2m; $1.5m).
Lawyers believe it to be the highest award to a foreign company in a trademark dispute in China.
The country has been tightening its laws to tackle the widespread problem of trademark abuse."
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