EFF Asks Supreme Court To Reverse Dangerous Rulings About API Copyrightability and Fair Use; Electronic Frontier Foundation (EFF), January 13, 2020

Press Release, Electronic Frontier Foundation (EFF);

EFF Asks Supreme Court To Reverse Dangerous Rulings About API Copyrightability and Fair Use

"The Electronic Frontier Foundation (EFF) today asked the U.S. Supreme Court to rule that functional aspects of Oracle’s Java programming language are not copyrightable, and even if they were, employing them to create new computer code falls under fair use protections.

The court is reviewing a long-running lawsuit Oracle filed against Google, which claimed that Google’s use of certain Java application programming interfaces (APIs) in its Android operating system violated Oracle’s copyrights. The case has far-reaching implications for innovation in software development, competition, and interoperability.

In a brief filed today, EFF argues that the Federal Circuit, in ruling APIs were copyrightable, ignored clear and specific language in the copyright statute that excludes copyright protection for procedures, processes, and methods of operation."

The National Archives was wrong to alter history. Fortunately, it reversed course.; The Washington Post, January 18, 2020

Editorial Board, The Washington Post; The National Archives was wrong to alter history. Fortunately, it reversed course.

"This editorial has been updated.

IN AN era of “fake news,” “alternative facts” and other assaults on the very idea of truth, you would expect the National Archives — devoted to the preservation of the nation’s history — to be at the forefront of those pushing back. “The National Archives and Records Administration (NARA) is the nation’s record keeper,” the government agency proudly announces on its website. How utterly depressing it was, then, to discover on Friday that the Archives had gone into the business of altering history.

And how reassuring to read the Archives’ forthright — and, for Washington, extraordinary — statement on Saturday: “We made a mistake. . . . We have removed the current display. . . . We apologize.”

The Post’s Joe Heim reported Friday that the Archives made numerous alterations to a photograph included in an exhibit dedicated to the 100th anniversary of women’s suffrage. The photo shows the massively attended Women’s March held in January 2017 to protest President Trump’s inauguration. But Archives curators altered signs being carried by the women to delete references to Mr. Trump — and thereby they seriously distorted the meaning of the event. “A placard that proclaims ‘God Hates Trump’ has ‘Trump’ blotted out so that it reads ‘God Hates,’ ” The Post reported. But “God Hates” was not the message of the protester carrying that sign. Another sign that reads “Trump & GOP — Hands Off Women” has the word ‘Trump” blurred out.

In their initial weak defense, Archives officials noted that they had not altered articles they preserve for safekeeping, only a photograph for a temporary exhibit. We did not find that reassuring, as we said in the first published version of this editorial. Photo alteration long has been the preserve of authoritarian governments, most famously Soviet dictator Josef Stalin, who erased comrades from historical photographs one by one as he had them executed.

The United States government should never play the same game, even on a small scale. The goal in this case may have been not to irritate the snowflake in chief residing up Pennsylvania Avenue from the Archives. After all, the Women’s March harks back to one of the foundational lies of the Trump presidency, when he falsely insisted, and insisted that his officials likewise falsely insist, that his inauguration crowd was the largest of all time. Mr. Trump’s refusal to back down then set the pattern for his presidency: Lies are acceptable, and evidence can be ignored.

Rather than remind anyone of such unpleasantness, the Archives chose to falsify history and pretend that the Women’s March had nothing to do with Mr. Trump. That, as we wrote, offered a terrible lesson to young visitors to the exhibit about how democracies deal with news, with history — with truth.

Now the Archives has presented a far more uplifting lesson. Admitting and correcting a mistake are usually a lot harder for any of us than erring in the first place. But in their statement, officials did not flinch. The Archives will replace the altered image “as soon as possible with one that uses the unaltered image. We apologize, and will immediately start a thorough review of our exhibit policies and procedures so that this does not happen again.”

Good for them."

The Washington Post; National Archives says it was wrong to alter images; The Washington Post, January 18, 2020

Steve Thompson and Joe Heim , The Washington Post; National Archives says it was wrong to alter images

 

"Officials at the National Archives on Saturday said they had removed from display an altered photo from the 2017 Women’s March in which signs held by marchers critical of President Trump had been blurred.

 

In tweets on Saturday, the museum apologized and said: “We made a mistake.”

“As the National Archives of the United States, we are and have always been completely committed to preserving our archival holdings, without alteration,” one of the tweets said.

“This photo is not an archival record held by the @usnatarchives, but one we licensed to use as a promotional graphic,” it said in another tweet. “Nonetheless, we were wrong to alter the image.”...

Marchers in the 2017 photograph by Mario Tama of Getty Images were shown carrying a variety of signs, at least four of which were altered by the museum. A placard that proclaimed “God Hates Trump” had Trump blotted out so that it read “God Hates.” A sign that read “Trump & GOP — Hands Off Women” had the word Trump blurred. Signs with messages that referenced women’s anatomy were also digitally altered."

The National Archives used to stand for independence. That mission has been compromised.; The Washington Posty, January 18, 2020

Philip Kennicott , The Washington Post; The National Archives used to stand for independence. That mission has been compromised.

"Now the Archives has foolishly compromised the public’s sense of its independence, so artfully embedded in its landmark building. By blurring out details from protest signs in an image of the 2017 Women’s March, including the name of President Trump and references to the female anatomy — a decision the Archives publicly apologized for on Saturday — it has damaged the faith many Americans, particularly women, may have had in its role as an impartial conservator of the nation’s records. It has unnecessarily squandered something that cannot easily be regained.

There must be consequences.

An Archives spokeswoman told The Washington Post the changes to a large-format image included in an exhibition about women’s suffrage were made “so as not to engage in current political controversy.” If that was the intent, they obviously failed, embroiling the institution in exactly the controversy they say they wanted to avoid. But no matter the proferred explanation or statement of apology, the decision indicates a lack of leadership and distinct confusion about the mission at the Archives. If the Archives wants to teach Americans about history, then it must be scrupulously honest in its presentation of all documentary evidence."

National Archives exhibit blurs images critical of President Trump; The Washington Post, January 17, 2020

Joe Heim , The Washington Post; National Archives exhibit blurs images critical of President Trump

 

""There's no reason for the National Archives to ever digitally alter a historic photograph," Rice University historian Douglas Brinkley said. "If they don't want to use a specific image, then don't use it. But to confuse the public is reprehensible. The head of the Archives has to very quickly fix this damage. A lot of history is messy, and there's zero reason why the Archives can't be upfront about a photo from a women's march."...

 

Karin Wulf, a history professor at the College of William & Mary and executive director of the Omohundro Institute of Early American History and Culture, said that to ensure transparency, the Archives at the very least should have noted prominently that the photo had been altered.

"The Archives has always been self-conscious about its responsibility to educate about source material, and in this case they could have said, or should have said, 'We edited this image in the following way for the following reasons,' " she said. "If you don't have transparency and integrity in government documents, democracy doesn't function.""

Textbooks are pricey. So students are getting creative.; The Washington Post, January 17, 2020

Lauren Lumpkin , The Washington Post; Textbooks are pricey. So students are getting creative.

"The exact toll taken by college textbook costs is in dispute. Data from the U.S. Bureau of Labor Statistics shows that even as tuition has risen, no cost of college life has increased faster than textbooks. The bureau found that book prices rose 88 percent between 2006 and 2016, and the College Board — which administers the SAT exam — reported that students budget more than $1,200 each year for textbooks and other class supplies, including technology. 

 

Student Monitor, a New Jersey research firm, has published a much lower estimate for student textbook costs — about $500 annually — and said student spending has been on the decline...

 

George Mason and hundreds of campuses throughout the country — including American University and the University of Maryland — are slowly adopting open educational resources, materials that are written by academics for the public domain and available at no cost to students and professors."

Missouri could jail librarians for lending 'age-inappropriate' books; The Guardian, January 16, 2020

Alison Flood, The Guardian; Missouri could jail librarians for lending 'age-inappropriate' books

"A Missouri bill intended to bar libraries in the US state from stocking “age-inappropriate sexual material” for children has been described by critics as “a shockingly transparent attempt to legalise book banning” that could land librarians who refuse to comply with it in jail. 

Under the parental oversight of public libraries bill, which has been proposed by Missouri Republican Ben Baker, panels of parents would be elected to evaluate whether books are appropriate for children. Public hearings would then be held by the boards to ask for suggestions of potentially inappropriate books, with public libraries that allow minors access to such titles to have their funding stripped. Librarians who refuse to comply could be fined and imprisoned for up to one year."

Can R.E.M. stop Trump campaign from playing its songs at rallies?; CBS News, January 17, 2020

Kate Gibson, CBS News; Can R.E.M. stop Trump campaign from playing its songs at rallies?

"As R.E.M. threatens legal action to stop President Donald Trump from playing its classic hit songs at campaign rallies, the iconic band joins other musicians who have objected to their work serving as backdrops for politicians. Legal experts say artists do have a say in how their music is used, but getting their day in court can be costly and take years to pursue."

AI Update: WIPO Begins Public Consultation Process on Artificial Intelligence and Intellectual Property Policy; Lexology, January 15, 2020

Covington & Burling LLP - Gregory Discher, Lexology; AI Update: WIPO Begins Public Consultation Process on Artificial Intelligence and Intellectual Property Policy

"The World Intellectual Property Organization (“WIPO”) recently announced a public consultation process on Artificial Intelligence and Intellectual Property Policy. As part of the consultation process, WIPO concurrently published and has requested feedback on a wide-ranging draft IP Policy and AI Issues Paper that is intended to help define the most pressing AI-related questions likely to face IP policy makers in the areas of patents, copyright, and data.

The Issues Paper follows other recent WIPO activity pertaining to AI-related IP issues. In January 2019 WIPO issued a publication that surveyed the landscape of AI innovation since the field first developed in the 1950s, and in September 2019 WIPO held a Conversation on IP and AI.

Recognizing the significance and potential implications of the intersection of AI and intellectual property, two of the leading patent offices have now requested public comment. As discussed in a previous blog, the U.S. Patent and Trademark Office issued a “Request for Comments on Patenting Artificial Intelligence Inventions” on August 27, 2019. The USPTO subsequently issued a “Request for Comments on Intellectual Property Protection for Artificial Intelligence Innovation” on October 30, 2019, in which it seeks comments on the copyright, trademark, and other intellectual property rights issues that may be impacted by AI."

Why Patents and Copyrights Matter; Ayn Rand Institute, Janaury 15, 2020

[47 min. Video] Elan Journo, Ayn Rand Institute; Why Patents and Copyrights Matter

"Why do patents and copyrights matter? What do they protect? What to make of the objections against them? For instance: that no one is really hurt by violations of copyrights or patents; or that these rights are obstacles to progress and innovation; or that they’re an unfair, government-granted privilege or favor?   

To explore these issues, I talked to Professor Adam Mossoff, who teaches law at George Mason University. Mossoff is an expert on intellectual property law and policy, who has published extensively in academic journals and popular outlets, including the Wall Street Journal, New York Times, and Politico, among many others. He has testified several times before the Senate and the House of Representatives."

Brexit Update - January 2020; Dehns via Mondaq, January 15, 2020

Clare Mann, Dehns via Mondaq; Brexit Update - January 2020

"On 9 January 2020, MPs voted in favour of the Withdrawal Agreement Bill, the legislation which will implement the Government's proposed Withdrawal Agreement. The Bill has now passed to the House of Lords for further review and it is expected that the Withdrawal Agreement will be ratified by the European Parliament later this month.

The UK is due to leave the EU on 31 January 2020.  Assuming the Withdrawal Agreement is ratified, an 11-month transition period until 31 December 2020 will commence immediately upon the UK's exit, during which the status quo will remain. EU trade mark registrations will continue to have legal effect in the UK during the transition period and UK trade mark attorneys will retain their rights of representation before the EU Intellectual Property Office (EUIPO).

At the end of the transition period, EU trade marks which are fully registered will be automatically cloned in the UK by the creation of comparable UK national rights which will retain the EU filing dates (and any relevant priority/seniority dates). These national rights will be created by the UK Intellectual Property Office free-of-charge.

EU trade marks which are the subject of pending applications when the transition period ends will not be automatically cloned in the UK.  Instead, their owners will have a period of nine months in which to re-file in the UK while retaining the EU filing date and, if appropriate, priority/seniority date(s).  Regular official filing fees will apply."

Maria Strong Appointed Acting Register of Copyrights; Publishers Weekly, December 18, 2019

Andrew Albanese, Publishers Weekly; Maria Strong Appointed Acting Register of Copyrights

"Librarian of Congress Carla Hayden has appointed Maria Strong as acting register of Copyrights and director of the U.S. Copyright Office, succeeding register of Copyrights Karyn Temple, who announced last week that she will be leaving the Copyright Office to accept a new position as the global general counsel of the Motion Picture Association. Strong's appointment will begin January 5, 2020.

Strong has served as associate register of Copyrights and director of Policy and International Affairs since April 23, 2019. She joined the Copyright Office in 2010, and prior to that spent 19 years in private practice in Washington, DC, representing clients from the media, technology, and entertainment sectors. She began her legal career as a staff attorney at the Federal Communications Commission."

 

Apple Lawsuit Against Cyber Startup Threatens ‘Dangerous’ Expansion Of Copyright Law; Forbes, January 13, 2020

Thomas Brewster, Forbes; Apple Lawsuit Against Cyber Startup Threatens ‘Dangerous’ Expansion Of Copyright Law

"As Apple and Corellium head towards mediation talks, the iPhone maker has been criticized for “dangerous” claims that the cybersecurity startup has broken copyright laws. Critics say the lawsuit could lead to an expansion of U.S. copyright law and legally endanger software creators and security researchers tinkering with Apple tech.

Corellium “virtualizes” Apple iPhones. In other words, it creates software-only versions of the devices, helping researchers and developers better test hacks or the functionality of apps. For instance, if a developer wanted to see whether their app crashes iOS or breaks a phone entirely, they won’t have to restart or buy a new iPhone if they can just spawn a new software version at speed.

But Apple believes this amounts to illegal replication of its famous phone."

Troll Watch: AI Ethics; NPR, January 11, 2020

NPR; Troll Watch: AI Ethics

"NPR's Michel Martin speaks with The Washington Post's Drew Harwell about the ethical concerns posed by new AI technology." 

"MICHEL MARTIN, HOST:

We're going to spend the next few minutes talking about developments in artificial intelligence or AI. This week, the Trump administration outlined its AI policy in a draft memo which encouraged federal agencies to, quote, "avoid regulatory or non-regulatory actions that needlessly hamper AI innovation and growth," unquote. And at the Consumer Electronics Show, the annual technology showcase, U.S. Chief Technology Officer Michael Kratsios elaborated on the administration's approach, warning that overregulation could stifle industries. But this stance comes as companies are announcing some boundary pushing uses for AI, including to create composite images of fake people and to conduct background checks. And those uses are raising ethical issues.

So to hear more about this, we've called Drew Harwell. He covers artificial intelligence for The Washington Post. He's with us now. Drew, welcome. Thanks so much for joining us."

Work Together webinar; Swedish National Heritage Board, November 18, 2019

Swedish National Heritage Board; Work Together webinar

"Work together

“Things turn out better when you make them together!”, said Elisabeth Standár during our webinar session on collaborations on the basis of open cultural heritage data. This quote sums up perfectly the subject of the “Work together” session as we explored the possibilities and challenges of working together with SOCH, Europeana and Wikimedia. From very different perspectives, Maria Carlsson (Swedish National Heritage Board), Barbara Fischer (German National Library), Elisabeth Standár (Internetmuseum) and Liam Wyatt (Europeana/Wikimedia) shared their insights in how collaboration with open cultural heritage data networks and organizations can support and help your institution."

Paris Musées embraces open access; europeana pro, January 9, 2020

Douglas McCarthy, europeana pro; Paris Musées embraces open access

"In a major step towards greater open access in France, Paris Musées is releasing its digital collections into the public domain with a CC0 waiver. Europeana's Douglas McCarthy spoke with Philippe Rivière, Head of Communication and Digital at Paris Musées, to find out more."

"Tell us all about the Paris Musées open access announcement. 

From January 2020, Paris Musées will begin releasing digital images of its out-of-copyright works into the public domain under the Creative Commons CC0 waiver. Our first release numbers more than 150,000 images and other sets will follow. We are publishing the material set by set so that the copyright status of the artworks and photographs can be carefully evaluated. 

Which collections and what type of images are being openly released? 

Paris Musées manages the fourteen museums of the City of Paris and altogether the collection numbers over a million artworks. From archaeology to fashion and contemporary art, the collections are remarkably diverse and they are still being digitised. Since May 2016 our collections have been accessible online at http://parismuseescollections.paris.fr/en. 

What motivated Paris Musées to adopt open access now? 

Paris Musées has been working on its open access strategy for some time and discussions intensified during the development of our collections website. Our project team was aware of the international Open GLAM movement and we wanted to make our own contribution to it."

Harry and Meghan seek global trademark for 'Sussex Royal' brand; The Guardian, January 12, 2020

Ben Quinn, The Guardian; Harry and Meghan seek global trademark for 'Sussex Royal' brand

"The application covering Australia, Canada, the EU and US was filed in December with the World Intellectual Property Organization (WIPO) in the name of their new foundation, according to details online.

As well as the application to register Sussex Royal – which the couple have been using on their Instagram account and on a website launched last week as they announced they were “stepping back” as senior royals – one was also made to register “Sussex Royal the Foundation of the Duke and Duchess of Sussex”.

Six classes were listed in the applications, covering printed matter such as magazines and greeting cards, clothing ranging from footwear to pyjamas, charitable fundraising and management, as well as education and social care services including the organising and conducting of emotional support groups."

Justice Department investigates Sci-Hub founder on suspicion of working for Russian intelligence; The Washington Post, December 19, 2019

Shane Harris and Devlin Barrett, The Washington Post; Justice Department investigates Sci-Hub founder on suspicion of working for Russian intelligence


"Elbakyan’s work has been the subject of legal and ethical controversy. In 2017, a New York district court awarded $15 million in damages to Elsevier, a leading science publisher, for copyright infringement by Sci-Hub and other sites...

Sci-Hub has made millions of documents available to users around the world, said Andrew Pitts, the managing director of PSI, an independent group based in England that advocates for legitimate access to scholarly content.

Pitts said there are 373 universities in 39 countries “that have suffered an intrusion from Sci-Hub,” which he defined as “using stolen credentials to illegally enter a university’s secure network.” More than 150 of the institutions are in the United States, Pitts said...

“She is the Kim Dotcom of scholarly publications,” said Joseph DeMarco, an attorney in New York who represented Elsevier in its lawsuit against Elbakyan. (Dotcom ran a famous file-sharing site that U.S. authorities said violated copyright law.)"

Free Textbooks for Law Students; Inside Higher Ed, January 3, 2020

Lindsay McKenzie, Inside Higher Ed; Free Textbooks for Law Students

"Law school is notoriously expensive, but a growing number of professors are pushing back on the idea that law textbooks must be expensive, too. Faculty members at the New York University School of Law have taken matters into their own hands by publishing their own textbooks at no cost to students."

Fair game: Does the fair use doctrine apply to Andy Warhol’s pop art?; ABA Journal, January 9, 2020

Eldon L. Ham, ABA Journal; Fair game: Does the fair use doctrine apply to Andy Warhol’s pop art?

"The acclaimed “Andy Warhol—From A to B and Back Again” exhibit of more than 400 of Andy Warhol’s works has been making the rounds from New York to San Francisco to Chicago. Even casual observers have a sense of Warhol’s groundbreaking pop-art style. Yet there is one surprising legal question of fair use and transformative value that begs consideration: Just what is a “Warhol”?"

Trade Secrets: What You Need to Know; The National Law Review, December 12, 2019

Michael J. Kasdan, Kevin M. Smith, Benjamin Daniels,The National Law Review; Trade Secrets: What You Need to Know

"Coca-Cola’s secret formula. McDonalds’ special sauce. Google’s search algorithm. Bumble’s dating software. This proprietary information is vital to these companies’ survival, and among their most valuable corporate assets.  Each is protected as a trade secret.  While patent law offers strong protections for proprietary inventions, obtaining a patent requires establishing that the invention is novel, non-obvious, and patent-eligible. It also requires disclosure of the invention itself in the patent application. And while patents last for twenty years, they do not last forever.  By contrast, trade secrecy provides another avenue to protecting a company’s IP that allows the inventions to be kept secret and potentially protected forever.

In the last few years, businesses, governments, and law enforcement agencies have increased their focus on trade secrets as an effective way of protecting a company’s “secret sauce.” This trend accelerated with the passage of the federal Defend Trade Secrets Act of 2016 (“DTSA”), and trade secret litigation has moved toward the forefront of intellectual property law. As described in recent press, such as Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal (Corporate Counsel, Warren, Z., July 28, 2017), “[t]hese days, many of the big IP litigation battles involving companies like Facebook…, Uber … and Epic … have nothing to do with patents, trademarks or copyrights at all. Instead, it's all about the perhaps forgotten part of IP: trade secrets…With massive jury rewards and the DTSA encouraging federal litigation, trade secrets litigation is seeing a surge in the tech industry.” This reporting is consistent with reported industry data. According to a 2016 Report by Willamette Management Associates, the number of federal trade secret cases increased by 14 percent for each year from 2001 to 2012. According to a 2018 Lex Machina Report, this increased even more dramatically with the passage of the DTSA. 2016 saw 860 U.S. trade secret cases filed, but this rose to 1,134 cases filed in 2017. Through the first half of 2018, 581 trade secret cases had been filed, putting the number of trade secret cases filed in 2018 on pace to slightly exceed 2017."

Harry and Meghan have trademarked their brand 'Sussex Royal'; CNN, January 9, 2020

Tiff Gault and Lindsay Isaac, CNN; Harry and Meghan have trademarked their brand 'Sussex Royal'

"According to the government body's website, Prince Harry and Meghan applied for the trademark back in June. The copyright, which was approved by the office and published on its website on December 19, applies to both the name 'Sussex Royal' and to their charitable organization 'The Foundation of the Duke and Duchess of Sussex.'"

Intellectual property and Brexit: Guidance on trade marks, designs, patents right law, and exhaustion of IP rights after Brexit.; UK Intellectual Property Office, October 10, 2019

UK Intellectual Property Office;

Intellectual property and Brexit

Guidance on trade marks, designs, patents right law, and exhaustion of IP rights after Brexit.

European Commission steps up protection of European intellectual property in global markets; European Commission, January 8, 2020

Press Release, European Commission; European Commission steps up protection of European intellectual property in global markets

"The European Commission published today the latest report on protection and enforcement of Intellectual Property Rights (IPR) in third countries. While developments have taken place since the publication of the previous report, concerns persist and a number of areas for improvement and action remain to be addressed. Intellectual property rights infringements worldwide cost European firms billions of euros in lost revenue and put thousands of jobs at risk. Today's report identifies three groups of countries on which the EU will focus its action...

Industries that use intellectual property intensively accounted for some 84 million European jobs and 45% of the total EU GDP in the period 2014-2016. 82% of EU exports were generated by the industries intensively using intellectual property. In these sectors, the EU has a trade surplus of around 182 billion euros. Also, an estimated 121 billion euros or 6.8% of all imports into the EU, are counterfeit or pirated."

Start of 2020 Ushers Thousands of Once-Copyrighted Works Into the Public Domain; Smithsonian, January 2, 2020

Katherine J. Wu, Smithsonian; Start of 2020 Ushers Thousands of Once-Copyrighted Works Into the Public Domain

"For the second year in a row, the internet has hit serious digital paydirt in the arena of cultural catch-up. As the decade changed over on January 1, thousands of once-copyrighted works from 1924 entered the public domain. Ninety-five years after their creation, these classics are finally free to use, remix and build upon without permission or payment. (See the full list here.)

Among the liberated are musical compositions like George Gershwin’s “Rhapsody in Blue,” films like Buster Keaton’s Sherlock, Jr. and books like E.M. Forster’s A Passage to India. Now, anyone—from historians to recording artists to iPhone-savvy middle schoolers—can make these works and more their own with annotations, additions and modifications. They can even profit from them, if they so choose."

UK Government Plans To Open Public Transport Data To Third Parties; Forbes, December 31, 2019

Simon Chandler, Forbes; UK Government Plans To Open Public Transport Data To Third Parties

"The launch is a significant victory for big data. Occasionally derided as a faddish megatrend or empty buzzword, the announcement of the Bus Open Data Service shows that national governments are willing to harness masses of data and use them to create new services and economic opportunities. Similarly, it's also a victory for the internet of things, insofar as real-time data from buses will be involved in providing users with up-to-date travel info.

That said, the involvement of big data inevitably invites fears surrounding privacy and surveillance."

Extradited from Switzerland, Chinese scientist to stand trial in Philly for plot to steal GlaxoSmithKline trade secrets; The Philadelphia Inquirer, January 6, 2020

Jeremy Roebuck, The Philadelphia Inquirer; Extradited from Switzerland, Chinese scientist to stand trial in Philly for plot to steal GlaxoSmithKline trade secrets

"A Chinese scientist accused of aiding a conspiracy to steal trade secrets potentially worth more than $1 billion from GlaxoSmithKline has been extradited from Switzerland to stand trial in Philadelphia.

Federal prosecutors say Gongda Xue, a 50-year-old biochemist, received valuable proprietary cancer research that his sister stole while she worked for the pharmaceutical giant’s research facility in Upper Merion from 2006 to 2016."

What Baby Yoda and T-Mobile’s Magenta Mark Can Teach Us About When to Enforce IP Rights; IP Watchdog, December 19, 2019

Theodore Chiacchio, IP Watchdog; What Baby Yoda and T-Mobile’s Magenta Mark Can Teach Us About When to Enforce IP Rights

"Too Zealous, Don’t Be

In both of the above examples, zealous enforcement of the rights-holder’s intellectual property rights would likely be counterproductive in most instances (a case-by-case analysis should of course be made, however). Given the very high stakes involved, an analysis of all relevant considerations should be undertaken prior to deciding whether litigation to enforce the intellectual property rights makes sense. This should include an analysis of the legal considerations (e.g., likelihood of prevailing in litigation and the uncertainty involved with respect to outcome), the high cost of litigation, the potential public relations impact, the potential effect on consumer engagement and organic marketing, and business ethics considerations related to bringing questionable claims against small and mid-sized businesses who may be forced to capitulate due to a financial inability to litigate."

DNA Phrase Too Descriptive for Registered Trademark, TTAB Says; Bloomberg Law, January 6, 2020

Kyle Jahner, Bloomberg Law; DNA Phrase Too Descriptive for Registered Trademark, TTAB Says

"A biotech company lost its bid to register a trademark for a patented DNA technique it invented, after a Patent and Trademark tribunal said the phrase “Sequencing by Binding” was too descriptive to register.

The Jan. 6 precedential decision illustrates that multi-word trademarks, even if coined by an applicant, can still fall short of the requirements for trademark registration."

North Dakota University System to host open education resource conference in Fargo in March; Grand Forks Herald, January 7, 2020

Sydney Mook, Grand Forks Herald; North Dakota University System to host open education resource conference in Fargo in March

"In conjunction with Open Education Week, the North Dakota University System will hold an open education resources conference on Friday, March 6, at the Holiday Inn in Fargo, the university system announced Monday, Jan. 6.

The full-day program will include an overview of open education resources at a national level, a panel of representatives from UND, Mayville State University and Valley City State University who have implemented OERs, and research conducted by UND professor, Virginia Clinton, regarding the effects of using open textbooks and student learning outcomes.

Open educational resources, also known as OER and sometimes referred to as open-access resources, allow students to save money on textbooks through a free online textbook."

‘Rhapsody in Blue’ (1924) just reached the public domain, showing the insanity of U.S. copyright law; The Los Angeles Times, January 4, 2020

Michael Hiltzik, The Los Angeles Times; ‘Rhapsody in Blue’ (1924) just reached the public domain, showing the insanity of U.S. copyright law

"The liberation of all these creations, however, should also be an occasion for mourning. They would have been released to the public domain in the early 1960s, if not for an aggressive campaign staged in Washington by big media companies, especially Walt Disney Co., desperate to keep lucrative control of their copyrighted works for as long as possible.

Copyrights prevent consumers or creators from accessing, building on, or even repurposing artistic works without the permission of the copyright holders or the payment of a fee that can be steep. That’s arguably an obstacle to cultural development, and raises the question of why the heirs should exercise so much power and collect such payouts so many decades after the creators are gone."

Reflections of John Cabeca, USPTO Silicon Valley Regional Director; United States Patent and Trademark Office (USPTO), December 12, 2019

United States Patent and Trademark Office (USPTO);

Reflections of John Cabeca, USPTO Silicon Valley Regional Director

Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Laura Peter

"Recently, I spoke with John Cabeca, USPTO Silicon Valley Regional Director in San Jose, California, about his experience at the USPTO and what’s next for him. John is a 30-plus year veteran of the USPTO. He served in numerous key leadership roles throughout his tenure and has dedicated much of his career working with significant customers of the USPTO on IP matters and through outreach and education programs to help small and large businesses, startups, and entrepreneurs. Over the years, he served the USPTO in important roles, including in the Office of Patent Legal Administration, the Office of Governmental Affairs, and most recently in the Office of the Under Secretary as Regional Director of the Silicon Valley. 

LP: How long has the USPTO had a Silicon Valley Regional Office (SV USPTO) and what is its purpose?

JC: The Silicon Valley office formally opened in October 2015 in the San Jose, California City Hall building. The purpose of the USPTO Silicon Valley Regional Office, and, in fact, all of our regional offices, including Detroit, Denver, and Dallas — is to foster and protect innovation. The regional offices carry out the strategic direction of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and are responsible for leading the USPTO's regional efforts in their designated regions of the United States. As Regional Director, I actively engage the western region’s unique network of industries and entrepreneurs, and tailor the USPTO’s initiatives and programs to their needs. The regional office serves as a hub of outreach and education and offers services and programs readily accessible to inventors, entrepreneurs, and businesses. We also work closely with IP practitioners, community and business leaders, and academic institutions, as well as with federal, state and local governments, to advance the IP needs of the innovation ecosystem throughout the region at all levels.

LP: What states does the SV USPTO cover?
 
JC: The west coast region includes Alaska, Arizona, California, Hawaii, Nevada, Oregon, and Washington State. Comprising seven states, this is the largest region covering over 1.1 million square miles, as well as some of the most innovative businesses and innovators in the country. In 2019, the west coast region originated more than 37% of all domestic patent applications and 28% of all trademark registrations by U.S. registrants.

LP: How does the public at-large including inventors, entrepreneurs, and brand owners benefit from the SV USPTO?

JC: We are here to help them. We hold events from learning the basics about patents and trademarks, to patent and trademark search workshops, to drafting patent claims, to protecting your IP abroad, to even more advanced IP programs as a CLE provider in the State of California. We welcome walk-ins to our office, will come and speak and educate the public any chance we get about IP, and also have the ability to hold virtual examiner interviews and trial and appeal board hearings in our space. The regional office pages of the USPTO website are constantly updated with new opportunities to visit our offices."

US-Mexico-Canada Trade Deal Carries Copyright Implications Across Borders; Billboard, December 10, 2019

Claudia Rosenbaum, Billboard; US-Mexico-Canada Trade Deal Carries Copyright Implications Across Borders

"Canada and Mexico are one step closer to aligning their copyright laws with the U.S. on Tuesday (Dec. 10) after Speaker of the House Nancy Pelosi and President Donald Trump reached an agreement to ratify the trilateral trade deal that will extend copyright term in Canada by 20 years and contains provisions on "Safe Harbor" copyright liability exemptions. The treaty will now have to be ratified by the legislatures of both Canada and Mexico."

Elsevier signs first open-access deal in the United States; Science, November 25, 2019

Science News Staff, Science; Elsevier signs first open-access deal in the United States

"Publishing giant Elsevier has signed its first open-access deal with a U.S. institution, Carnegie Mellon University (CMU) in Pittsburgh, Pennsylvania, Inside Higher Ed reports. The arrangement, which CMU announced on 21 November, will allow CMU scholars to publish articles in any Elsevier journal on an immediately free-to-read basis. CMU researchers will also continue to have access to paywalled Elsevier articles, which previous contracts covered with subscription fees.

CMU did not disclose the cost of the arrangement, which has been a sticking point in Elsevier’s open-access negotiations with other research institutions. After the University of California system insisted on a price cut, Elsevier’s negotiations failed in February; in April, a research consortium in Norway cut a deal with Elsevier similar to CMU’s, while agreeing to a price hike. “All I can say is that we achieved the financial objectives we set out to achieve,” Keith Webster, dean of CMU’s university libraries and director of emerging and integrative media initiatives, tells Inside Higher Ed. 

CMU researchers only publish about 175 papers annually in Elsevier journals. That low volume gives Elsevier an opportunity to test the 4-year arrangement with relatively low financial risk."

Defying the doubters; United States Patent and Trademark Office (USPTO), 2019

United States Patent and Trademark Office (USPTO);

Defying the doubters

"Inspired by his father and his eighth-grade science teacher, Bob Metcalfe developed an early interest in science and engineering. While pursuing these passions as an adult, he decided to minimize the number of wires needed to connect office computers to printers and the internet. In a 1973 memo, Metcalfe proposed his idea of the Ethernet as a solution. What followed was a long but successful journey to develop, patent, and commercialize this wire, which is used today all over the world.

"Inspired by his father and his eighth-grade science teacher, Bob Metcalfe developed an early interest in science and engineering. While pursuing these passions as an adult, he decided to minimize the number of wires needed to connect office computers to printers and the internet. In a 1973 memo, Metcalfe proposed his idea of the Ethernet as a solution. What followed was a long but successful journey to develop, patent, and commercialize this wire, which is used today all over the world."

The real US patent 'crisis'; The Hill, December 9, 2019

Brian Pomper, The Hill; The real US patent 'crisis'

"The true crisis in our patent system is the dire state of Section 101 jurisprudence, the area of law determining what is and what is not eligible for patent protection. For nearly 150 years, Section 101 of the U.S. Patent Act was interpreted to allow inventions to be patented across broad categories and subject matters. These patents incentivized American R&D and innovation and led to countless technological and medical breakthroughs.

Starting in 2010, however, the Supreme Court issued a series of decisions that have upended longstanding settled law and narrowed the scope of patent-eligible subject matter...

Restoring clear patent rights will be essential to maintaining a strong and healthy U.S. innovation ecosystem...

So yes, patent quality is important, and we must provide the USPTO with the resources it needs to carefully weigh patent applications and make consistent, defensible and predictable decisions. But the real patent crisis we face is the inability of innovators to get patents for their new inventions under Section 101."

FAU sues grad for using an owl logo in tutoring business; The Palm Beach Post, Decemeber 10, 2019

Jane Musgrave, The Palm Beach Post; FAU sues grad for using an owl logo in tutoring business


"In the lawsuit filed this week in U.S. District Court, FAU officials claim Neil Parsont intentionally named his business Owl Tutoring and is using an owl logo to confuse students into thinking his private lessons are affiliated with free Owl-to-Owl Tutoring offered at the school."

SpaceX Just Retroactively Put Copyright Restrictions on Its Photos; Motherboard, December 11, 2019

Karl Bode, Motherboard;

SpaceX Just Retroactively Put Copyright Restrictions on Its Photos

"As SpaceX began supplanting NASA in humanity’s quest to explore outer space, Motherboard pondered in 2015 what would happen to the public’s unfettered access to space imagery data (images taken by NASA are in the public domain and can be used by anyone for almost any purpose.) Thankfully, SpaceX soon after made the important decision to offer mission images under a Creative Commons Zero (CC0) License, allowing them to be freely shared and even remixed by anyone. This is the least-restrictive Creative Commons license in existence and allows anyone to use the photos for almost anything (you could, for example, make and sell a photo book or calendar of SpaceX images if you wanted to.)

But a little noticed change to the SpaceX Flickr account this week stripped away the CC0 license affixed to the company’s images, replacing it with an “Attribution-NonCommercial 2.0 Generic” license. That, in turn, imposed notable and potentially confusing restrictions on how those images can be shared and re-used."

Register of Copyrights Karyn Temple Is Leaving; Publishers Weekly, December 9, 2019

Andrew Albanese, Publishers Weekly; Register of Copyrights Karyn Temple Is Leaving

"Just months after her permanent appointment as Register of Copyrights, Karyn Temple is leaving for a new position as the global general counsel of the Motion Picture Association...

Of course, the big question may be whether Temple’s departure will spur another attempt to remove the Register of Copyrights position out of the purview of the Library of Congress.

In October of 2016, Hayden’s abrupt removal of then-register, Maria Pallante (who is now president and CEO of the Association of American Publishers) angered many in the content and entertainment industries, who viewed Pallante as an ally. What followed was a campaign by lobbyists to paint Hayden as “anti-copyright,” and a subsequent bill, the Register of Copyrights Selection and Accountability Act (HR 1695), which proposed to take the register of copyrights position out of the purview of the Librarian of Congress and make it a presidential appointment. That bill died in the Senate last year, but for more than two years it effectively blocked Hayden from appointing a permanent successor to Pallante."

Baby Yoda Shows Us the Force of Intellectual Property Rights; Observer, December 7, 2019

Ross Marchand, Observer; Baby Yoda Shows Us the Force of Intellectual Property Rights

"Intellectual property protections allow for producers, such as Disney, to safeguard their secrets and profit off of the carefully-crafted storylines enjoyed by millions of fans around the world. Meanwhile, fans can still have their fun by posting movie-related memes that (likely) enjoy legal protection from copyright law.

And even when companies may be within their rights to sue for IP infringements, they must still weigh market considerations and make sensible decisions that please their consumer base. That’s critical, because ideas like lightsabers and Baby Yoda’s aren’t created in a vacuum (of space). IP protection allows us to travel to a galaxy far, far away, without being trampled by a bantha herd of lawsuits."

Archivists Are Trying to Make Sure a ‘Pirate Bay of Science’ Never Goes Down; Vice, December 2, 2019

Matthew Gault, Vice;

Archivists Are Trying to Make Sure a ‘Pirate Bay of Science’ Never Goes Down

"...[O]ver the last few years, two sites—Library Genesis and Sci-Hub—have become high-profile, widely used resources for pirating scientific papers.

The problem is that these sites have had a lot of difficulty actually staying online. They have faced both legal challenges and logistical hosting problems that has knocked them offline for long periods of time. But a new project by data hoarders and freedom of information activists hopes to bring some stability to one of the two “Pirate Bays of Science...

“It's the largest free library in the world, servicing tens of thousands of scientists and medical professionals around the world who live in developing countries that can't afford to buy books and scientific journals. There's almost nothing else like this on Earth. They're using torrents to fulfill World Health Organization and U.N. charters. And it's not just one site index—it's a network of mirrored sites, where a new one pops up every time another gets taken down,” user shrine said on Reddit."

Who owns the law in Georgia?; The Atlanta Journal-Constitution, November 29, 2019

Bill Rankin, Atlanta Journal Constitution; Who owns the law in Georgia?

"“If the (appeals court’s) decision is affirmed, publishers will no longer be able to rely on sales of copyrighted works to recoup their costs for preparing annotations,” said Johnson, also a Washington attorney. “Therefore, states will either need to use taxpayer dollars to pay the publishers or stop offering annotated versions of their official codes.”

Thirteen states and the District of Columbia offered similar sentiments in a legal brief filed with the high court...

Malamud’s case has received support in friend-of-the-court briefs filed by a wide variety of groups, including the American Library Association, the American Civil Liberties Union, the Intellectual Property Association and the Reporters Committee for Freedom of the Press, which was joined by Gannett Co., the Los Angeles Times and The New York Times.

“If the First Amendment requires public access to criminal trials so that citizens may oversee and participate in government, then citizens must also have access to the laws that organize their society (and that form the basis of those criminal trials),” the media organizations said.""

Should You Be Allowed to Copyright a Law? We're Going to Find Out; Gizmodo, December 4, 2019

Whitney Kimball, Gizmodo; Should You Be Allowed to Copyright a Law? We're Going to Find Out


"Copyright law, boring on its face, has posed various unprecedented threats to intellectual freedoms in recent internet history. It threatens to kill our links, kill our news, kill our memes, kill our precious videos of babies dancing to Prince. And yesterday, the Supreme Court considered the momentously stupid question: should you be able to paywall a law?"

Open Access: SCOTUS will consider whether publishers can copyright annotated state codes; ABA Journal, November 27, 2019

Mark Walsh, ABA Journal; Open Access: SCOTUS will consider whether publishers can copyright annotated state codes

"The question in Georgia v. Public.Resource.Org Inc. is whether a work such as the Official Code of Georgia Annotated may not be copyrighted because it falls under the doctrine of “government edicts.” The doctrine stems from a series of 19th-century Supreme Court cases holding that judicial writings and other official legal works published under state authority are not “the proper subject of private copyright,” as an 1888 decision put it."

5 Easy Ways To Protect Your New Ideas And Intellectual Property; Forbes Technology Council, December 3, 2019

Michael Gargiulo, Forbes Technology Council; 5 Easy Ways To Protect Your New Ideas And Intellectual Property

"Ideas and work can be stolen unless you take steps to protect them. This especially applies to concepts involving lucrative inventions, industrial secrets or medical abstractions. If a bright, creative lightbulb suddenly illuminates your world in the middle of the night, consider using one of these five ways to safeguard your idea...

Intellectual Property Theft (IPT) is not just a buzzword. This crime is common across the world in the 21st century, especially in places like China -- CNBC reports one in five North American companies surveyed had their IP stolen by Chinese companies in the last year. I believe combating IP theft should now be a top priority of the U.S. Department of Justice, the FBI and the CIA. Avoid being a victim of intellectual property theft by following these simple steps and proactively securing the very best ideas you and your organization have."

Trying to Trademark a Meme? OK Boomer; The New York Times, November 19, 2019

Derrick Bryson Taylor, The New York Times; Trying to Trademark a Meme? OK Boomer

"In light of the phrase’s popularity, it’s not likely that any of the applications will be approved, said Josh Gerben, a trademark lawyer and founder of Gerben Law Firm, who noticed the filing by Fox Media on Monday.

“I think they are all very likely to meet the same fate, which is the U.S.P.T.O. will issue what is called a widely used message refusal,” Mr. Gerben said in an interview on Tuesday, adding that the definition of a trademark “has to identify a single company or individual as a source of a product or service.”

Once something like a meme goes viral and is widely used by people, it cannot legally function as a trademark, he said."

Baby Yoda GIFs Are Being Pulled For Copyright Concerns; ScreenRant, November 23, 2019

Josh Plainse, ScreenRant; Baby Yoda GIFs Are Being Pulled For Copyright Concerns

"Baby Yoda GIFs from the Disney+ show The Mandalorian are being pulled from the internet, apparently due to claims of copyright infringement. Last week, the Star Wars spin-off show The Mandalorian released its first episode along with the simultaneous launch of Disney's streaming service. The show's first episode, titled “Chapter One,” ended with a character reveal which has played a huge role in the creation of viral memes and GIFs throughout the entirety of the internet, all of them containing The Mandalorian character referred to as Baby Yoda for now."