Timothy B. Lee, Ars Technica; Why Mickey Mouse’s 1998 copyright extension probably won’t happen again
"Most of the public considered copyright to be a boring subject with
little relevance to their daily lives, so there was little grassroots
interest in the issue. Karjala hoped that professional associations of
librarians and historians—which had traditionally been important
advocates for the public interest on copyright issues—would help stop
the bill. But the legislation had so much momentum that these groups
decided to settle for minor changes to the legislation. So the bill
wound up passing without a significant fight.
The rise of the Internet has totally changed the political landscape
on copyright issues. The Electronic Frontier Foundation is much larger
than it was in 1998. Other groups, including Public Knowledge, didn't
even exist 20 years ago. Internet companies—especially Google—have
become powerful opponents of expanding copyright protections."
Saturday, December 29, 2018
New Life for Old Classics, as Their Copyrights Run Out; The New York Times, December 29, 2018
Alexandra Alter, The New York Times; New Life for Old Classics, as Their Copyrights Run Out
"This
coming year marks the first time in two decades that a large body of
copyrighted works will lose their protected status — a shift that will
have profound consequences for publishers and literary estates, which
stand to lose both money and creative control.
But it will also be a boon for readers, who will have more editions to choose from, and for writers and other artists who can create new works based on classic stories without getting hit with an intellectual property lawsuit...
But it will also be a boon for readers, who will have more editions to choose from, and for writers and other artists who can create new works based on classic stories without getting hit with an intellectual property lawsuit...
China's Supreme Court to take on intellectual property cases; Reuters, December 29, 2018
Reuters; China's Supreme Court to take on intellectual property cases
"Intellectual property rights cases can from next month be taken to China’s Supreme Court, the government said on Saturday, as the country seeks to strengthen protections in the face of complaints from the United States about the issue."
"Intellectual property rights cases can from next month be taken to China’s Supreme Court, the government said on Saturday, as the country seeks to strengthen protections in the face of complaints from the United States about the issue."
Thursday, December 27, 2018
Athletes Don’t Own Their Tattoos. That’s a Problem for Video Game Developers.; The New York Times, December 27, 2018
Jason M. Bailey, The New York Times; Athletes Don’t Own Their Tattoos. That’s a Problem for Video Game Developers.
"Take-Two has argued in court papers that
Solid Oak’s tattoos are seen rarely, fleetingly and hazily in the NBA
2K games, but the judge rejected a motion for dismissal in March.
A verdict for either side would set an important precedent on how the owner of a tattoo copyright can enforce it, said Yolanda M. King, an associate law professor at Northern Illinois University who has extensively studied the issue."
Saturday, December 22, 2018
Disney trademarked ‘Hakuna Matata.’ A new petition demands the company drop it.; The Washington Post, December 19, 2018
Sonia Rao , The Washington Post; Disney trademarked ‘Hakuna Matata.’ A new petition demands the company drop it.
"The company has received similar criticism before."
"The company has received similar criticism before."
Hakuna Matata™? Can Disney Actually Trademark That?; The New York Times, December 20, 2018
Kimiko de Freytas-Tamura, The New York Times; Hakuna Matata™? Can Disney Actually Trademark That?
"Trademark experts said the talk of
colonialism and robbery was overwrought, and that the trademarking of
phrases, particularly those from other languages, is commonplace.
“People talk about appropriation,” said Phillip Johnson,
a professor of commercial law at Cardiff Law School in Wales and a
specialist on intellectual property law, “but a trademark is all about
appropriation of language within a narrow commercial sphere, outside
that space people are free to use the language as they wish.”
“What’s
difficult about this case is whether it was a sensible commercial
decision for the Disney brand, rather than whether, legally, the mark
should or should not be registered,” he added. “The question is, does
their brand benefit from having trademark or does it get damaged from
bad publicity from having that trademark?”"
Video, Andy Sheehan, CBS KDKA; Ohio Clothing Company Seeks To Trademark ‘Yinzer’ For T-Shirts, CBS KDKA, December 21, 2018
Video, Andy Sheehan, CBS KDKA; Ohio Clothing Company Seeks To Trademark ‘Yinzer’ For T-Shirts
"KDKA’s Andy Sheehan: “Are you a yinzer?”
"KDKA’s Andy Sheehan: “Are you a yinzer?”
Grbach: “Yeah, I think so, yeah. I think deep down I am, absolutely.”
Sheehan: “You don’t use the word yinz.”
Grbach: “I tell my kids not to, but sometimes it slips out.”
Friday, December 21, 2018
For the First Time in More Than 20 Years, Copyrighted Works Will Enter the Public Domain; Smithsonian Magazine, January 2019
, Smithsonian Magazine;
"At midnight on New Year’s Eve, all works first published in the United
States in 1923 will enter the public domain. It has been 21 years since
the last mass expiration of copyright in the U.S."
Thursday, December 20, 2018
Tuesday, December 18, 2018
Did a Typo Accidentally Make Rudolph's TV Special Public Domain?; Comic Book Resources, December 15, 2018
Brian Cronin, Comic Book Resources; Did a Typo Accidentally Make Rudolph's TV Special Public Domain?
"Not so fast.
You see, the main character in the film, Rudolph the Red-Nosed Reindeer, WAS under copyright (in one of the sweetest stories of corporate generosity ever, Montgomery Ward gave the copyright to the character to the employee who created Rudolph as part of a store Christmas giveaway). Rudolph is also currently protected by federal trademark, meaning that you couldn't name any project "Rudolph the Red-Nosed Reindeer" without permission from the Rudolph trademark owners (I think there's a company specifically set up just to handle this Rudolph-related intellectual property stuff). Similarly, all of the songs in the film were independently copyrighted, so you couldn't use any of them."
"Not so fast.
You see, the main character in the film, Rudolph the Red-Nosed Reindeer, WAS under copyright (in one of the sweetest stories of corporate generosity ever, Montgomery Ward gave the copyright to the character to the employee who created Rudolph as part of a store Christmas giveaway). Rudolph is also currently protected by federal trademark, meaning that you couldn't name any project "Rudolph the Red-Nosed Reindeer" without permission from the Rudolph trademark owners (I think there's a company specifically set up just to handle this Rudolph-related intellectual property stuff). Similarly, all of the songs in the film were independently copyrighted, so you couldn't use any of them."
Monday, December 17, 2018
Gift Guide For The Intellectual Property Geek; Above The Law, December 13, 2018
Krista L. Cox, Above The Law; Gift Guide For The Intellectual Property Geek
"Still looking for a holiday gift for the IP geek who loves all things copyright, patent, and trademark?Try one of these gift ideas below, some of which were the subject of litigation (including in other countries)."
"Still looking for a holiday gift for the IP geek who loves all things copyright, patent, and trademark?Try one of these gift ideas below, some of which were the subject of litigation (including in other countries)."
It’s not a trade war with China. It’s a tech war.; The Washington Post, December 14, 2018
Michael Morell , The Washington Post; It’s not a trade war with China. It’s a tech war.
"Michael Morell, a Post contributing columnist, is a former deputy director and twice acting director of the Central Intelligence Agency. David Kris is a former assistant attorney general for national security and co-founder of Culper Partners consulting firm.
The United States is in an escalating technological cold war with China. It’s not centered on tariffs and trade, which President Trump often cites; instead, it involves both China’s use of technology to steal information and the theft of technology itself."
"Michael Morell, a Post contributing columnist, is a former deputy director and twice acting director of the Central Intelligence Agency. David Kris is a former assistant attorney general for national security and co-founder of Culper Partners consulting firm.
The United States is in an escalating technological cold war with China. It’s not centered on tariffs and trade, which President Trump often cites; instead, it involves both China’s use of technology to steal information and the theft of technology itself."
Wednesday, December 12, 2018
Indigenous Knowledge Misappropriation: The Case Of The Zia Sun Symbol Explained At WIPO; Intellectual Property Watch, December 11, 2018
Catherine Saez, Intellectual Property Watch; Indigenous Knowledge Misappropriation: The Case Of The Zia Sun Symbol Explained At WIPO
"The three panellists mentioned the importance of the United Nations Declarations on the Rights of Indigenous Peoples [pdf], and in particular Article 31, which asserts the right of indigenous peoples to maintain, control, protect and develop their cultural heritage, TK and TCEs, and the right to maintain, control, protect and develop their intellectual property over their cultural heritage, TK, and TCEs.
Commenting on the Zia case, June Lorenzo, a lawyer advocating in tribal and domestic courts and legislative and international human rights bodies, said in the late 1890s, Zia was at a very vulnerable point, as many other tribes were. A number of archaeologists came and took “what they could because they thought we were going to disappear as a civilisation,” she said, noting that the stolen pot was repatriated in 2000 or 2002.
In 1925, when the Zia symbol was adopted by the state of New Mexico, the Zia were not even considered as citizens of the United States, she said, and could not vote. “So the idea that they should have objected to this [ the use of the symbol] in 1925 … is just absurd.”"
"The three panellists mentioned the importance of the United Nations Declarations on the Rights of Indigenous Peoples [pdf], and in particular Article 31, which asserts the right of indigenous peoples to maintain, control, protect and develop their cultural heritage, TK and TCEs, and the right to maintain, control, protect and develop their intellectual property over their cultural heritage, TK, and TCEs.
Commenting on the Zia case, June Lorenzo, a lawyer advocating in tribal and domestic courts and legislative and international human rights bodies, said in the late 1890s, Zia was at a very vulnerable point, as many other tribes were. A number of archaeologists came and took “what they could because they thought we were going to disappear as a civilisation,” she said, noting that the stolen pot was repatriated in 2000 or 2002.
In 1925, when the Zia symbol was adopted by the state of New Mexico, the Zia were not even considered as citizens of the United States, she said, and could not vote. “So the idea that they should have objected to this [ the use of the symbol] in 1925 … is just absurd.”"
Fortnight [sic] Sued Over Swiped Dance Move; Forbes, December 11, 2018
Oliver Herzfeld, Forbes; Fortnight [sic] Sued Over Swiped Dance Move
"Rapper 2 Milly recently filed a lawsuit against Epic Games, the maker of Fortnite Battle Royale. Essentially, 2 Milly claims Epic engaged in copyright infringement by stealing his dance move, the “Milly Rock,” renaming the move “Swipe It” and offering if for sale in Fortnite. The question is, are dance moves copyrightable?"
"Rapper 2 Milly recently filed a lawsuit against Epic Games, the maker of Fortnite Battle Royale. Essentially, 2 Milly claims Epic engaged in copyright infringement by stealing his dance move, the “Milly Rock,” renaming the move “Swipe It” and offering if for sale in Fortnite. The question is, are dance moves copyrightable?"
Thursday, December 6, 2018
Drama in South Africa Leads to Passing Fair Use; infojustice.org, December 6, 2018
Sean Flynn, infojustice.org; Drama in South Africa Leads to Passing Fair Use
"It was a day of copyright drama in the South African Parliament on the anniversary of Nelson Mandela’s passing...
After passing a new performers protection bill, more MPs from the ANC were whipped to join the chamber and the Copyright Amendment Bill was passed on a second vote.
The process is far from over. Now the bill must pass through the National Council of Provinces and then return to the National Assembly to rectify any changes before being signed into law by the President. But the passage was a major victory for those in South Africa who have been working for over 20 years to update its user rights and other provisions."
"It was a day of copyright drama in the South African Parliament on the anniversary of Nelson Mandela’s passing...
After passing a new performers protection bill, more MPs from the ANC were whipped to join the chamber and the Copyright Amendment Bill was passed on a second vote.
The process is far from over. Now the bill must pass through the National Council of Provinces and then return to the National Assembly to rectify any changes before being signed into law by the President. But the passage was a major victory for those in South Africa who have been working for over 20 years to update its user rights and other provisions."
What Is Intellectual Property, and Does China Steal It?; Bloomberg, December 4, 2018
Grant Clark, Bloomberg; What Is Intellectual Property, and Does China Steal It?
"7. Is this a new gripe by the U.S.?
It’s a longstanding issue. That 2011 report by the U.S. International Trade Commission estimated that U.S. IP-intensive firms lost $48 billion in 2009 because of Chinese infringements. A 2016 USTR’s report highlighted serious problems, especially concerning the theft of trade secrets. "Offenders in many cases continue to operate with impunity," the report said."Controlled Digital Lending Concept Gains Ground; Library Journal, November 15, 2018
Matt Enis, Library Journal; Controlled Digital Lending Concept Gains Ground
"A White Paper on Controlled Digital Lending of Library Books, by Courtney and coauthor David R. Hansen, associate university librarian for Research, Collections and Scholarly Communications, Duke University Libraries, was written in support of the position statement, and delves further into “the legal and policy rationales for the [CDL] process…as well as a variety of risk factors and practical considerations that can guide libraries seeking to implement such lending…. Our goal is to help libraries and their lawyers become more comfortable with the concept by more fully explaining the legal rationale for controlled digital lending, as well as situations in which this rationale is the strongest.”
The white paper notes that the Internet Archive’s “CDL-like” system has been in operation for eight years, and that the Georgetown Law Library operates a CDL service. But for the library field, the concept is still relatively new.
“This is how things start,” said [Kyle K. ] Courtney [copyright advisor for Harvard University]. “You put out a position statement, you back it up with a white paper, and you see the conversations that happen.” As libraries establish programs and platforms, use cases and best practices begin to emerge."
"A White Paper on Controlled Digital Lending of Library Books, by Courtney and coauthor David R. Hansen, associate university librarian for Research, Collections and Scholarly Communications, Duke University Libraries, was written in support of the position statement, and delves further into “the legal and policy rationales for the [CDL] process…as well as a variety of risk factors and practical considerations that can guide libraries seeking to implement such lending…. Our goal is to help libraries and their lawyers become more comfortable with the concept by more fully explaining the legal rationale for controlled digital lending, as well as situations in which this rationale is the strongest.”
The white paper notes that the Internet Archive’s “CDL-like” system has been in operation for eight years, and that the Georgetown Law Library operates a CDL service. But for the library field, the concept is still relatively new.
“This is how things start,” said [Kyle K. ] Courtney [copyright advisor for Harvard University]. “You put out a position statement, you back it up with a white paper, and you see the conversations that happen.” As libraries establish programs and platforms, use cases and best practices begin to emerge."
'The Pirate Bay of Science' Continues to Get Attacked Around the World; Motherboard, December 3, 2018
Karl Bode, Motherboard; 'The Pirate Bay of Science' Continues to Get Attacked Around the World
"The problem for publishers and their courtroom attacks on Sci-Hub is that they only draw additional attention to the need for open access to this data (aka the Streisand Effect). As a result, several prominent European research councils recently announced a open access publishing effort intended to more seriously address the problem at hand."
"The problem for publishers and their courtroom attacks on Sci-Hub is that they only draw additional attention to the need for open access to this data (aka the Streisand Effect). As a result, several prominent European research councils recently announced a open access publishing effort intended to more seriously address the problem at hand."
Copyright transfer, assignment and licensing in the United States; Lexology, October 29, 2018
"Transfer, assignment and licensing
Transfer and assignment
What rules, restrictions and procedures govern the transfer and assignment of copyright? Are any formalities required to secure the legal effect of the transfer or assignment?
Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by either the owner of the rights conveyed or such owner’s duly authorised agent. However, the written transfer does not need to be made at the time of assignment, and a later written document confirming the agreement is sufficient to prove the assignment. Transfer of a right on a non-exclusive basis does not require a written agreement. A copyright may also be conveyed by operation of law. Additionally, it may be bequeathed by will or pass as personal property by the applicable laws of intestate succession. Copyright is a personal property right and is subject to the various state laws and regulations that govern the ownership, inheritance or transfer of personal property as well as terms of contracts or conduct of business. The recording of a transfer with the Copyright Office is not required to make the transfer valid between the parties; however, it provides certain legal advantages and may be required to validate the transfer as against third parties. To bring an infringement suit in court, a copyright owner needs proof of an unbroken chain of title going back to the author of the work."
3 Types of Documents Every Company Needs to Have in Place; Lexology, October 23, 2018
"Documents for Protection of the Company’s Intellectual Property
In addition to formal employment terms and conditions and formal consulting and advisor agreements, the most important agreement for most emerging companies to have shortly after formation is a non-disclosure agreement. This agreement is usually entered into with unrelated third parties who may come in contact with the company’s proprietary information and is intended to protect the company’s rights to its intellectual property."
Wednesday, December 5, 2018
Supreme Court hands Fox News another win in copyright case against TVEyes monitoring service; The Washington Post, December 3, 2018
Erik Wemple, The Washington Post; Supreme Court hands Fox News another win in copyright case against TVEyes monitoring service
"The Supreme Court’s decision not to hear the case could leave media critics scrambling. How to fact-check the latest gaffe on “Hannity”? Did Brian Kilmeade really say that? To be sure, cable-news watchers commonly post the most extravagant cable-news moments on Twitter and other social media — a democratic activity that lies outside of the TVEyes ruling, because it’s not a money-making thing. Yet Fox News watchdogs use TVEyes and other services to soak in the full context surrounding those widely circulated clips, and that task is due to get more complicated. That said, services may still provide transcripts without infringing the Fox News copyright."
"The Supreme Court’s decision not to hear the case could leave media critics scrambling. How to fact-check the latest gaffe on “Hannity”? Did Brian Kilmeade really say that? To be sure, cable-news watchers commonly post the most extravagant cable-news moments on Twitter and other social media — a democratic activity that lies outside of the TVEyes ruling, because it’s not a money-making thing. Yet Fox News watchdogs use TVEyes and other services to soak in the full context surrounding those widely circulated clips, and that task is due to get more complicated. That said, services may still provide transcripts without infringing the Fox News copyright."
Tuesday, December 4, 2018
China Announces Punishments for Intellectual-Property Theft; Bloomberg, December 4, 2018
Bloomberg; China Announces Punishments for Intellectual-Property Theft
'China announced an array of punishments that could restrict companies’ access to borrowing and state-funding support over intellectual-property theft, a key sticking point in its trade conflict with the U.S.
News of the measures came just days after President Xi Jinping promised to resolve the U.S.’s “reasonable concerns” about IP practices in a statement after meeting President Donald Trump at the Group of 20 summit on Saturday in Argentina. The White House said the sides agreed to hold off on tariff action for at least 90 days as they negotiate to resolve specific U.S. complaints.
China set out a total of 38 different punishments to be applied to IP violations, starting this month. The document, dated Nov. 21, was released Tuesday by the National Development and Reform Commission and signed by various government bodies, including the central bank and supreme court.
“I think it’s potentially significant if they are implemented and result in a reduction in IP theft,” Scott Kennedy, a China expert at the Center for Strategic and International Studies in Washington. “We’ve been down this road with China many times on IP. The attention companies pay to IP theft has risen dramatically, and despite the great attention it’s getting the violations have increased.”"
'China announced an array of punishments that could restrict companies’ access to borrowing and state-funding support over intellectual-property theft, a key sticking point in its trade conflict with the U.S.
News of the measures came just days after President Xi Jinping promised to resolve the U.S.’s “reasonable concerns” about IP practices in a statement after meeting President Donald Trump at the Group of 20 summit on Saturday in Argentina. The White House said the sides agreed to hold off on tariff action for at least 90 days as they negotiate to resolve specific U.S. complaints.
China set out a total of 38 different punishments to be applied to IP violations, starting this month. The document, dated Nov. 21, was released Tuesday by the National Development and Reform Commission and signed by various government bodies, including the central bank and supreme court.
“I think it’s potentially significant if they are implemented and result in a reduction in IP theft,” Scott Kennedy, a China expert at the Center for Strategic and International Studies in Washington. “We’ve been down this road with China many times on IP. The attention companies pay to IP theft has risen dramatically, and despite the great attention it’s getting the violations have increased.”"
US IP Stakeholders Seek To Strengthen Public Support For IP, Ensure Future US Competitiveness; Intellectual Property Watch, December 4, 2018
David Branigan, Intellectual Property Watch; US IP Stakeholders Seek To Strengthen Public Support For IP, Ensure Future US Competitiveness
"United States intellectual property stakeholders from academic, business and legal backgrounds gathered recently to discuss how to increase public support to strengthen the intellectual property rights system in the US, in light of China’s steady rise in numbers of patent and trademark filings. US IP stakeholders argued that developing public awareness and understanding of IP is key to building this support, with some holding diverging views on how to go about this."
"United States intellectual property stakeholders from academic, business and legal backgrounds gathered recently to discuss how to increase public support to strengthen the intellectual property rights system in the US, in light of China’s steady rise in numbers of patent and trademark filings. US IP stakeholders argued that developing public awareness and understanding of IP is key to building this support, with some holding diverging views on how to go about this."
China keeps global crown in patent applications; Nikkei Asian Review, December 4, 2018
Rintaro Hosokawa, Nikkei Asian Review; China keeps global crown in patent applications
"China was responsible for around 40% of the 3.17 million patent applications submitted worldwide last year, putting the country at the top for the seventh straight year and driving Asia's growing presence in the global intellectual property arena.
The World Intellectual Property Organization said Monday China's 1.38 million applications mark a new record, though the group did not give a year-on-year percentage increase due to changes in the way China's patent office counted filings.
China's patent applications in 2017 mainly concerned electronic devices, computer technology and digital data transmission. Chinese tech companies, such as telecommunications equipment makers Huawei Technologies and ZTE, significantly boosted their application counts.
At 607,000, patent applications from the U.S. were less than half of China's total. That places America in second place, followed by Japan's 318,000 applications in third and South Korea's 200,000 in the No. 4 spot."
"China was responsible for around 40% of the 3.17 million patent applications submitted worldwide last year, putting the country at the top for the seventh straight year and driving Asia's growing presence in the global intellectual property arena.
The World Intellectual Property Organization said Monday China's 1.38 million applications mark a new record, though the group did not give a year-on-year percentage increase due to changes in the way China's patent office counted filings.
China's patent applications in 2017 mainly concerned electronic devices, computer technology and digital data transmission. Chinese tech companies, such as telecommunications equipment makers Huawei Technologies and ZTE, significantly boosted their application counts.
At 607,000, patent applications from the U.S. were less than half of China's total. That places America in second place, followed by Japan's 318,000 applications in third and South Korea's 200,000 in the No. 4 spot."
Defending Fair Use In South Africa; Intellectual Property Watch, December 4, 2018
Sean Flynn, Peter Jaszi, and Mike Carroll, American University Washington College of Law; Intellectual Property Watch; Defending Fair Use In South Africa
"On Wednesday the South African National Assembly vote on the Copyright Amendment Bill, which includes a new “fair use” right. Learned professors at the University of Stellenbosch have taken to calling the bill “shambolic”, and “an abomination.” It is certainly time for a little light to go with the heat."
"On Wednesday the South African National Assembly vote on the Copyright Amendment Bill, which includes a new “fair use” right. Learned professors at the University of Stellenbosch have taken to calling the bill “shambolic”, and “an abomination.” It is certainly time for a little light to go with the heat."
Tell the Senate Not to Put the Register of Copyrights in the Hands of the President; Electronic Frontier Foundation (EFF), December 3, 2018
Katharine Trendacosta, Electronic Frontier Foundation (EFF); Tell the Senate Not to Put the Register of Copyrights in the Hands of the President
"Update 12/03/2018: The December 4 hearing has been postponed, but it could be rescheduled. Keep telling the Senate to vote "no."
With just a week left for this Congress, one of the weirdest bad copyright bills is back on the calendar. The “Register of Copyrights Selection and Accountability Act” would make the Register of Copyrights a presidential appointee, politicizing a role that should not be made a presidential pawn.
On Tuesday, December 4, the Senate Committee on Rules and Administration is scheduled to vote on S. 1010, the Senate version of the “Register of Copyrights Selection and Accountability Act” already passed by the House of Representatives as H.R. 1695. If it passes out of the committee, the whole Senate will be able to vote on it with only days left in the 2018 session."
"Update 12/03/2018: The December 4 hearing has been postponed, but it could be rescheduled. Keep telling the Senate to vote "no."
With just a week left for this Congress, one of the weirdest bad copyright bills is back on the calendar. The “Register of Copyrights Selection and Accountability Act” would make the Register of Copyrights a presidential appointee, politicizing a role that should not be made a presidential pawn.
On Tuesday, December 4, the Senate Committee on Rules and Administration is scheduled to vote on S. 1010, the Senate version of the “Register of Copyrights Selection and Accountability Act” already passed by the House of Representatives as H.R. 1695. If it passes out of the committee, the whole Senate will be able to vote on it with only days left in the 2018 session."
Congress Using Lame Duck Session To Push Through Awful Plan To Politicize The Copyright Office; TechDirt, December 3, 2018
Mike Masnick, TechDirt; Congress Using Lame Duck Session To Push Through Awful Plan To Politicize The Copyright Office
"I explain all the details below, but the short version is that Hollywood is trying to use the lame duck Congress session to push through a bill that would be very bad for copyright, and would politicize the Copyright Office. EFF has an action page where you can tell Congress not to do this. The bigger explanation of all of this is below."
"I explain all the details below, but the short version is that Hollywood is trying to use the lame duck Congress session to push through a bill that would be very bad for copyright, and would politicize the Copyright Office. EFF has an action page where you can tell Congress not to do this. The bigger explanation of all of this is below."
Monday, December 3, 2018
Einstein’s ‘God Letter,’ a Viral Missive From 1954; The New York Times, December 2, 2018
James
Barron, The New York Times;
Einstein’s ‘God Letter,’ a Viral Missive From 1954
[Kip Currier: This article is interesting in and of itself, but as someone teaching IP, where we frequently look at issues of digitization, I was especially intrigued to learn about the ongoing Einstein Papers Project. Knowing how phenomenally useful Cambridge University's Darwin Correspondence Project's digitized letters were for my own dissertation research exploring Charles Darwin's information behaviors, I can imagine the treasure trove of insights relevant to many disciplines that will be gleaned--and now made accessible to diverse worldwide users--from Einstein's digitized writings.
These kinds of massive "knowledge access for the public good" projects (--like Harvard's recently inaugurated Caselaw Access Project) are commendable exemplars of the positive intersections that technology, academic scholarship, and research institutions like CalTech and Cambridge can promote and achieve on behalf of global audiences.]
"Diana L. Kormos-Buchwald, a professor of history at the California Institute of Technology and the director of the Einstein Papers Project, said that Einstein was “not particularly thrilled at the special place that Gutkind devotes to Einstein’s science as the — how shall we put it — the best example of Jewish deterministic thought.”"
Einstein’s ‘God Letter,’ a Viral Missive From 1954
[Kip Currier: This article is interesting in and of itself, but as someone teaching IP, where we frequently look at issues of digitization, I was especially intrigued to learn about the ongoing Einstein Papers Project. Knowing how phenomenally useful Cambridge University's Darwin Correspondence Project's digitized letters were for my own dissertation research exploring Charles Darwin's information behaviors, I can imagine the treasure trove of insights relevant to many disciplines that will be gleaned--and now made accessible to diverse worldwide users--from Einstein's digitized writings.
These kinds of massive "knowledge access for the public good" projects (--like Harvard's recently inaugurated Caselaw Access Project) are commendable exemplars of the positive intersections that technology, academic scholarship, and research institutions like CalTech and Cambridge can promote and achieve on behalf of global audiences.]
"Diana L. Kormos-Buchwald, a professor of history at the California Institute of Technology and the director of the Einstein Papers Project, said that Einstein was “not particularly thrilled at the special place that Gutkind devotes to Einstein’s science as the — how shall we put it — the best example of Jewish deterministic thought.”"
Sunday, December 2, 2018
I Wanted to Stream Buffy, Angel, and Firefly for Free, But Not Like This; Gizmodo, November 30, 2018
Alex Cranz, Gizmodo; I Wanted to Stream Buffy, Angel, and Firefly for Free, But Not Like This
"This is TV that should be accessible to everyone, but Facebook Watch? Really? In order to watch Buffy take on a demon with a rocket launcher you have to be willing to sit there and stare at a video on the Facebook platform—the same place your cousin continues to post Daily Caller Trump videos and that friend from high school shares clips of a Tasty casserole made of butter, four tubes of biscuit dough, baked beans, and a hot dog? The price for complimentary access to three of the best shows produced is bargaining away your data and privacy?
No, thanks.
But Facebook is hoping we’ll all say yes, please. Facebook’s user growth in the U.S. notably hit a wall over the summer and it’s been trying to fix things. It’s also trying to make itself more “sticky,” so people stay on Facebook to get not just family and friend updates and memes, but also the streams and standard videos more commonly found on YouTube. Last year Facebook launched Watch, its YouTube competitor that was, from the start, filled with trash. But things have slowly improved, with the show Sorry for Your Loss gaining rave reviews."
"This is TV that should be accessible to everyone, but Facebook Watch? Really? In order to watch Buffy take on a demon with a rocket launcher you have to be willing to sit there and stare at a video on the Facebook platform—the same place your cousin continues to post Daily Caller Trump videos and that friend from high school shares clips of a Tasty casserole made of butter, four tubes of biscuit dough, baked beans, and a hot dog? The price for complimentary access to three of the best shows produced is bargaining away your data and privacy?
No, thanks.
But Facebook is hoping we’ll all say yes, please. Facebook’s user growth in the U.S. notably hit a wall over the summer and it’s been trying to fix things. It’s also trying to make itself more “sticky,” so people stay on Facebook to get not just family and friend updates and memes, but also the streams and standard videos more commonly found on YouTube. Last year Facebook launched Watch, its YouTube competitor that was, from the start, filled with trash. But things have slowly improved, with the show Sorry for Your Loss gaining rave reviews."
Dark web dealers voluntarily ban deadly fentanyl; The Guardian, December 1, 2018
Mark Townsend, The Guardian; Dark web dealers voluntarily ban deadly fentanyl
[Kip Currier: Noteworthy development, and hopefully this will save lives. Interesting to ponder what ethical theory this "commercial decision" might fall under:
"Major dark web drug suppliers have started to voluntarily ban the synthetic opioid fentanyl because it is too dangerous, the National Crime Agency has said.
They are “delisting” the high-strength painkiller, effectively classifying it alongside mass-casualty firearms and explosives as commodities that are considered too high-risk to trade. Fentanyl can be up to 100 times stronger than heroin and can easily cause accidental overdoses, particularly when mixed with heroin.
Vince O’Brien, one of the NCA’s leads on drugs, told the Observer that dark web marketplace operators appeared to have made a commercial decision, because selling a drug that could lead to fatalities was more likely to prompt attention from police.
It is the first known instance of these types of operators moving to effectively ban a drug."
[Kip Currier: Noteworthy development, and hopefully this will save lives. Interesting to ponder what ethical theory this "commercial decision" might fall under:
[excerpted from the article] "...dark web marketplace operators appeared to have made a commercial decision, because selling a drug that could lead to fatalities was more likely to prompt attention from police."]
"Major dark web drug suppliers have started to voluntarily ban the synthetic opioid fentanyl because it is too dangerous, the National Crime Agency has said.
They are “delisting” the high-strength painkiller, effectively classifying it alongside mass-casualty firearms and explosives as commodities that are considered too high-risk to trade. Fentanyl can be up to 100 times stronger than heroin and can easily cause accidental overdoses, particularly when mixed with heroin.
Vince O’Brien, one of the NCA’s leads on drugs, told the Observer that dark web marketplace operators appeared to have made a commercial decision, because selling a drug that could lead to fatalities was more likely to prompt attention from police.
It is the first known instance of these types of operators moving to effectively ban a drug."
Saturday, December 1, 2018
The Real Reasons Netflix Is Cancelling Their Marvel Shows; Forbes, November 30, 2018
Mark Hughes, Forbes; The Real Reasons Netflix Is Cancelling Their Marvel Shows
"Netflix pays money to produce the Marvel shows, but they don't own the IP."
"Netflix pays money to produce the Marvel shows, but they don't own the IP."
USMCA, the new trade deal between the US, Canada, and Mexico, explained; Vox, November 30, 2018
Jen Kirby, Vox; USMCA, the new trade deal between the US, Canada, and Mexico, explained
"Intellectual property protections and digital trade provisions
Some experts told me these digital trade provisions fall short of what’s needed for a modernized NAFTA, but it’s a start."
"Intellectual property protections and digital trade provisions
This is seen as a win for the United States. The new agreement extends the terms of copyright
from 50 years beyond the life of the author to 70 years beyond the
life of the author. It also offers increased protections for a certain
type of drug from eight years to 10 years — which basically extends the
period that a drug can be protected from generic competition.
There’s also the fact that NAFTA was negotiated more than
two decades ago, so it didn’t really deal with the internet. The USMCA
aims to fix that by adding new provisions for the digital economy. These
provisions include
things like no duties on products purchased electronically, such as
music or e-books, and protections for internet companies so they’re not
liable for content their users produce.
Some experts told me these digital trade provisions fall short of what’s needed for a modernized NAFTA, but it’s a start."
Friday, November 30, 2018
Why Are College Textbooks So Expensive?; Business Insider, November 27, 2018
Video, Business Insider; Why Are College Textbooks So Expensive?
"Almost 80% of the textbook industry is dominated by 5 publishing companies. They use restrictive codes and re-publish new versions of textbooks every 2 to 3 years. Due to these tactics, textbook costs overall have risen 67% from 2008 to 2018."
"Almost 80% of the textbook industry is dominated by 5 publishing companies. They use restrictive codes and re-publish new versions of textbooks every 2 to 3 years. Due to these tactics, textbook costs overall have risen 67% from 2008 to 2018."
Copyright and the "male gaze": a feminist critique of copyright law; BoingBoing, November 20, 2018
Cory Doctorow, BoingBoing; Copyright and the "male gaze": a feminist critique of copyright law
"Film theorist Laura Mulvey coined the term "male gaze" to describe the "masculine, heterosexual perspective that presents and represents women as sexual objects for the pleasure of the male viewer": in a paper for the Harvard Journal of Law and Gender, Southwestern Law School professor John Tehranian applies Mulvey's idea to the complex and often nonsensical way that copyright determines who is an "author" of a work and thus entitled to control it, and shows how the notion of authorship reflects and amplifies the power imbalances already present in the world...
Copyright's Male Gaze: Authorship and Inequality in a Panoptic World [John Tehranian/Harvard Journal of Law and Gender, Vol. 41, 2018]"
"Film theorist Laura Mulvey coined the term "male gaze" to describe the "masculine, heterosexual perspective that presents and represents women as sexual objects for the pleasure of the male viewer": in a paper for the Harvard Journal of Law and Gender, Southwestern Law School professor John Tehranian applies Mulvey's idea to the complex and often nonsensical way that copyright determines who is an "author" of a work and thus entitled to control it, and shows how the notion of authorship reflects and amplifies the power imbalances already present in the world...
Copyright's Male Gaze: Authorship and Inequality in a Panoptic World [John Tehranian/Harvard Journal of Law and Gender, Vol. 41, 2018]"
Press Release: U.S. Patent and Trademark Office releases 2018-2022 Strategic Plan
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