Deep Dive: Open Access and Transforming the Future of Research; Electronic Frontier Foundation (EFF), 11/4/16

Gennie Gebhart, Electronic Frontier Foundation (EFF); Deep Dive: Open Access and Transforming the Future of Research:

"Open access depends on more than removing cost barriers. It also means giving the public freedom to use research. Under the current academic publishing model, even the simple act of sharing can be a crime.

When Diego Gomez, a Master’s student in Colombia, shared a colleague’s thesis with other scientists over the Internet, he was doing what any grad student would do: sharing research he found useful so others could benefit from it. But the author of the paper filed a lawsuit, and Diego’s act of sharing became a copyright violation punishable by four to eight years in prison.

In the U.S., activist Aaron Swartz also met unjust charges on 13 criminal counts for downloading millions of articles from academic journal database JSTOR. The charges would have put him in jail for years under the Computer Fraud and Abuse Act.

If other users see Diego’s or Aaron’s cases and fear the consequences that can come with copyright infringement allegations, everyday activities like sharing academic resources can become intimidating. These cases remind us that sharing and building on existing research is integral to the open access vision. That could mean anything from translation to remixing to large-scale analysis. In an open access world, these innovative, collaborative actions would not be criminal."

Jonathan Nolan Responds To That Westworld Location Theory; Slashfilm.com, 10/17/16

Peter Sciretta, Slashfilm.com; Jonathan Nolan Responds To That Westworld Location Theory:

Minor spoilers re "Westworld" plot themes

[Kip Currier: Viewers of Season 1 of the popular new HBO series "Westworld"--a reimagined reboot of the 1973 film, based on Michael Crichton's eponymous novel--have increasingly seen the protect-at-all-costs value of Westworld's Intellectual Property, as well as privacy concerns. Showrunners Jonathan Nolan and Lisa Joy Nolan touch on these issues below:]

"In regards to the computer terminals where the Delos staff communicate to their loved ones back home, [Lisa Joy Nolan] says:

Regardless of where they are, the park is very, very vast, and you don’t rotate home often. You don’t have open communication where you can just pick up a phone. Even senior people have to go to the coms room – because [the park is] protecting their intellectual property. We’re hoping to paint a portrait of the culture of the corporation.

[Jonathan] Nolan (who was a showrunner on Person of Interest, a series about a computer system that could analyze all forms of public and private data to predict the future) seems to be very interested in the aspect of big brother looking in on our communications. As for how it relates to Westworld, he says the Delos corporation wants to protect its intellectual property and the privacy of the park’s guests:

In Westworld, the value of the park is all in its intellectual property, it’s all in the code. So regardless of the park’s location, they would be extremely careful with that code and making sure its virtually impossible to smuggle it out of the park. And there’s the privacy of the guests – you’re not going to have a good time in Westworld if somebody is Instagramming your activities. I’m amazed [th]at [sic] Las Vegas has survived the Instagram age. In episode 2, when the guests come in, we don’t see this, but we assume these guys have cell phones that they’re not allowed to bring in the park. We very much think this is a path where culture may be going – that we’ll get over-exposed and sick of the interconnectedness of our lives that we’ll hunger for places [that offer disconnected privacy]. We’ll hunger for a moment where we can go back toward having some privacy."

The number of U.S. trademark registrations in Cuba is multiplying — fast; Miami Herald, 11/15/16

Abel Fernandez, Miami Herald; The number of U.S. trademark registrations in Cuba is multiplying — fast:

"The policy of rapprochement with Cuba promoted by the Obama administration has sparked a frenzy in U.S. companies rushing to register their brands on the island.

The Cuban Office of Industrial Property (OCPI), the government agency that examines and awards trademark and trade name registrations on the island, has received more than 1,000 applications so far this year to register trademarks and distinctive signs belonging to U.S. companies.

That is more than double the number of applications received in 2015, and far exceeds the number before Havana and Washington announced a thaw in relations on Dec. 17, 2014. Only 78 U.S. brands were registered on the island that year, according to a report by Reuters."

Cattle researchers fight 'extraordinary' patent of bovine genome; ABC, 11/17/16

Sarina Locke, ABC; Cattle researchers fight 'extraordinary' patent of bovine genome:

"In a move which has shocked cattle researchers and breeders, two American companies are trying to patent the bovine genome in Australia.

Meat and Livestock Australia has lodged action in the Federal Court against the Australian Patent office for granting the patent to Cargill and Branhaven.

Researchers fear it could spread to other livestock research.

Livestock Professor Rob Banks, said he was appalled that a private company could be granted rights over genes that had been publicly available since the 1980s."

Elena Ferrante’s Right to a Pseudonym; Atlantic, 11/15/16

Atlantic; Elena Ferrante’s Right to a Pseudonym:

"Curiously, the United States remains possibly the only country in the world not to recognize an author’s right to be named as the creator of his or her own work, despite huge pressure from authors’ groups and legal experts to do so. American law provides for a limited “right of attribution,” as it is called in the U.S. Copyright Act, but only in relation to works of fine art. Writers, musicians, and creators working in other disciplines have no such right at all. Establishing one would bring the United States into line with the rest of the world—a good thing when creative works literally circulate without borders, and reputations must stand or fall on the global stage.

In Italy, the copyright law says that a pseudonym will be treated as equivalent to the author’s true name, unless (and until) the author chooses to reveal his or her identity. Both the language of the law, and its silences, are arguably significant. In no way is any outsider empowered to reveal an author’s “true” identity when the author has chosen to publish under a pseudonym. Italian law wouldn’t seem to condone a concerted effort such as Gatti’s to uncover Ferrante’s identity."

Patent Pending; The Crimson, 10/20/16

C. Ramsey Fahs, The Crimson; Patent Pending:

"One way to ensure that offices truly act in the public good, says Rooksby, is to promote broader public understanding of the tech transfer process.

“Intellectual property as a topic is misunderstood… but the issues are important,” says Rooksby. “They are important in isolation and in aggregate. These problems are too important and too impactful on the public to just let the lawyers figure them out.”"

YouTuber Faces $300,000 Fine Over Donald Trump Parody; Digital Music News, 11/14/16

Paul Resnikoff, Digital Music News; YouTuber Faces $300,000 Fine Over Donald Trump Parody:

[Kip Currier: Interesting fact pattern but misleading clickbait headline and incomplete/inaccurate statements in some areas regarding the potential damages, i.e. the maximum amount for an instance of willful copyright infringement is $150,000. But the range of that damages continuum is $750 - $150,000. Under the U.S. Copyright Act, § 504. Remedies for infringement: Damages and profits sets out under the Statutory Damages provision that: "(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.

(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200."]

[Paul Resnikoff writes here that:]"Perhaps more importantly, the cost for infringing on copyright is $150,000 per work. At two license violations, that comes to $300,000. Atkins may face that penalty if a judge rules against him. [In that last sentence, "...may face that penalty...", is an important nuance.]

The teardown and lawsuit is raising fresh questions about whether parody is indeed protected by copyright law. Or, whether substantial uses of copyrighted material constitute grounds for a complete rip-down. The ‘Clockwork Trump’ YouTube clip employs plenty of snippets from A Clockwork Orange, though it also borrows heavily from Carlos’ version of William Tell Overture.

Atkin is obviously arguing that this isn’t infringement, though his parody makes no mention of the music itself.

Update: 5:30 am PT: Looks like another version of the Donald Trump video is back up, though we’re not sure if this is the original upload. We’re still determining if this is because the counter-notification was indeed granted.

The teardown comes at a tense moment between YouTube and the music industry. Outspoken critics like manager Irving Azoff have blasted YouTube for failing to compensate artists properly, while YouTube says its takedown system is effective. Now, it appears that copyright owners are taking matters into their own hands."