The Shrinking Mega-Journal; Inside Higher Ed, 1/5/17

Carl Straumsheim, Inside Higher Ed; 

The Shrinking Mega-Journal:

"The open-access mega-journal’s output, measured by how many articles it publishes a year, last year fell to 22,054 -- its lowest since 2012 and down about 30 percent since its peak in 2013. Last year brought the most precipitous drop yet. PLOS ONE published 6,052 fewer articles in 2016 than it did the year before -- a drop of about 22 percent.

The decline was first reported by Phil Davis, a consultant who specializes in scholarly publishing, in a blog post this morning.

Joerg Heber, who became PLOS ONE’s new editor in chief in September, addressed the decline in a blog post last month. Reflecting on the journal’s first 10 years, he noted that many other publishers are now using similar models for their own publications."

Open Access Trends 2017: Challenges and Opportunities; PR Newswire, Yahoo Finance, 1/10/17

PR Newswire, Yahoo Finance; 

Open Access Trends 2017: Challenges and Opportunities:

"Open access—the online digital delivery of scholarly research free of charge and without most copyright and licensing restrictions—has grown from a conceptual movement to transformational force in scientific, technical and medical (STM) publishing.

Media and publishing intelligence firm Simba Information has examined open access in two recent reports—Open Access Journal Publishing 2016-2020 and Open Access Book Publishing 2016-2020—and sees several trends developing in 2017."

After 15 Years In WTO, China Still Weak On Many IP Rights Rules, US Says; Intellectual Property Watch, 1/10/17

William New, Intellectual Property Watch; 

After 15 Years In WTO, China Still Weak On Many IP Rights Rules, US Says:

"Innovation and intellectual property rights have set the United States apart from competitors in recent history, and China seems intent on closing that gap any way it can. A US trade office report out this week on China’s compliance with World Trade Organization rules 15 years after accession show the magnitude of China’s continuing compliance problems related to intellectual property rights. 

“Serious concerns,” “problems,” “challenges,” “weakness,” “insufficient.” These and many other negative terms fill the 200-page report’s sections describing China’s treatment of intellectual property rights. There is plenty of progress cited too, but the report reads as an open to-do list with new issues arising all the time. One question is how much of this behaviour could be brought to the WTO Dispute Settlement Body. Another might be what the new US administration is going to do differently about this list.

The Office of the US Trade Representative’s 2016 Report to Congress on China’s WTO Compliance is available here [pdf]."

What does 2017 hold for open data initiatives?; Guardian, 1/6/17

Sir Nigel Shadbolt, Guardian; What does 2017 hold for open data initiatives?

"In 2016, open data was central to a growing number of projects across the globe. Throughout the year, data initiatives attempted to change the banking industry, took strides towards getting London fit, and fought “superbugs” through a real-time record of antibiotic resistance.

How will we see the open data ecosystem continue to grow in 2017? We asked the experts to tell us what the coming year will hold."

Marijuana brands can trademark almost anything, except marijuana; Los Angeles Times, 1/7/17

James Rufus Koren, Los Angeles Times; Marijuana brands can trademark almost anything, except marijuana:

"Though cannabis is legal for recreational or medicinal use in 28 states, it remains illegal under federal law. As a result, the U.S. Patent and Trademark Office will not register trademarks for marijuana retailers or for products that contain cannabis...

One popular strategy for cannabis companies that can’t trademark their core products is to seek protection for a host of ancillary products and services.

“I call it the ‘circle the wagons’ approach,” said Todd Winter, a Costa Mesa attorney who works with marijuana companies. “We get everything trademarked that we can, tangential to the actual cannabis product itself.”

The idea, one that is largely untested so far, is that if a cannabis company registers its trademark for other products it will scare off would-be copycats and allow the company to be first in line if the federal government eases its stance on pot."

Copyright in Klingon; Washington Post, 1/9/17

David Post, Washington Post; Copyright in Klingon:

"The court went awry, I believe, in holding additionally that the defendants “are not entitled to the fair use defense,” a holding that illustrates much that is wrong with copyright law these days.

To begin with, the fair use defense, involving a complicated balancing of defendant’s motives and purposes, the effect of the defendant’s use on the market for the original work and any number of other relevant factors, is hardly ever appropriate for disposition on summary judgment; there’s too much fact-finding required.

But more to the point, “Axanar” uses copyrighted material for a transformative purpose — creating a new and original work of art. It is not a substitute, in the market, for the original; if anything, it enhances the value of the original. This is precisely what our copyright law, through the fair use exception, should be encouraging — the production of new and original works of art that build on prior works to create something new and valuable."

Artificial Intelligence Keeps IBM Atop 2016 Patent List; CNet, 1/9/17

Stephen Shankland, CNET; Artificial Intelligence Keeps IBM Atop 2016 Patent List:

"Patents are an imperfect measure of prowess in research, development, innovation and ultimately business success. For one thing, it takes a mammoth staff and a lot of intellectual-property lawyers to rank high on the list, so startups won't make it up the list no matter how successful. For another, many patent ideas never see the light of day, or worse, emerge in a patent troll's sketchy legal action trying to extract licensing fees from big companies.

Nevertheless, patents remain an important reflection of how much a company is investing today into the technology of tomorrow. It's notable that IBM topped the list for the 24th year in a row."