Wednesday, March 29, 2017

Judge Allows Copyright Lawsuit Against Marvel Over 'Iron Man 3' Poster; Hollywood Reporter, March 28, 2017

Eriq Gardner, Hollywood Reporter; Judge Allows Copyright Lawsuit Against Marvel Over 'Iron Man 3' Poster

"[District Judge J. Paul] Oetken agrees with Marvel that the idea of a "highly mechanized suit of armor" and the "fighting pose" are unprotectable elements, scenes a faire in the comic book or superhero genre.
When it comes to the particularized expression of the idea, the judge notes some non-identical similarity — the hairstyles, the use of blue light, the color of the suits, etc. — with the ultimate conclusion that the works do share a similarity in their "total concept or feel" to survive a motion to dismiss."
According to the opinion (read here), "This is not a case where only non-copyrightable elements exist in the work, nor is it one where the Court can conclude, at this stage, that 'no reasonable jury, properly instructed, could find that the two works are substantially similar' based on their 'total concept and overall feel.'”

Tuesday, March 28, 2017

I am an Arctic researcher. Donald Trump is deleting my citations; Guardian, March 28, 2017

Victoria Hermann, Guardian; 

I am an Arctic researcher. Donald Trump is deleting my citations

"The consequences of vanishing citations, however, pose a far more serious consequence than website updates. Each defunct page is an effort by the Trump administration to deliberately undermine our ability to make good policy decisions by limiting access to scientific evidence.

We’ve seen this type of data strangling before.

Just three years ago, Arctic researchers witnessed another world leader remove thousands of scientific documents from the public domain. In 2014, then Canadian prime minister Stephen Harper closed 11 department of fisheries and oceans regional libraries, including the only Arctic center. Hundreds of reports and studies containing well over a century of research were destroyed in that process – a historic loss from which we still have not recovered. 

These back-to-back data deletions come at a time when the Arctic is warming twice as fast as the global average. Just this week, it was reported that the Arctic’s winter sea ice dropped to its lowest level in recorded history. The impacts of a warming, ice-free Arctic are already clear: a decline in habitat for polar bears and other Arctic animals; increases in coastal erosion that force Alaskans to abandon their homes; and the opening up of shipping routes with unpredictable conditions and hazardous icebergs. 

In a remote region where data is already scarce, we need publicly available government guidance and records now more than ever before. It is hard enough for modern Arctic researchers to perform experiments and collect data to fill the gaps left by historic scientific expeditions. While working in one of the most physically demanding environments on the planet, we don’t have time to fill new data gaps created by political malice."

BrewDog backs down over Lone Wolf pub trademark dispute; Guardian, March 27, 2017

Rob Davies, Guardian; 

BrewDog backs down over Lone Wolf pub trademark dispute

"Branding expert Graham Hales, chief marketing officer at the Chemistry Group, said BrewDog had made the right decision by backing down. “Lawyers have their jobs to do and any brand needs to protect its trademark,” he said. “That being said, the sense of David versus Goliath in a business context is something people will comment on."

Who Has the Keys to Self-Driving Cars?; Inside Counsel, March 28, 2017

Amanda Ciccatelli, Inside Counsel; 

Who Has the Keys to Self-Driving Cars?


"The question of who controls the future of self-driving cars may be answered in a lawsuit happening right now in a California courtroom. In the lawsuit filed in February, Waymo (Google’s self-driving car unit) accuses Uber of patent infringement and trade secret misappropriation because Uber bought a $700 million start-up company formed by a former Waymo engineer who Waymo says stole its technology with Uber’s knowledge. 

“This case is one of the first major battles over driverless car technology, and it promises to be a real food fight,” said Ryan Koppelman, a partner in Alston & Bird’s IP Litigation Practice and co-leader of the firm’s Connected & Autonomous Vehicle Group. “Both companies are angling to capture a large share in the burgeoning world of self-driving vehicles. The global market for autonomous driving hardware components alone is expected to grow from $400 million in 2015 to $40 billion in 2030. The stakes couldn’t be higher.”

Supreme Court Considers Why Patent Trolls Love Texas; New York Times, March 27, 2017

Adam Liptak, New York Times; 

Supreme Court Considers Why Patent Trolls Love Texas


"More than 40 percent of patent lawsuits are filed in a federal court in East Texas with a reputation for friendliness to plaintiffs. That curious fact was the backdrop for a Supreme Court argument on Monday over whether the court should halt what many big technology companies say is pernicious forum shopping in patent cases.

In recent years, a single judge based in Marshall, Tex., oversaw about a quarter of all patent cases nationwide, more than the number handled by all federal judges in California, Florida and New York combined.

The Texas court is a favorite venue of patent trolls, or companies that buy patents not to use them but to demand royalties and sue for damages." 

Let’s Make The Copyright Office Less Political, Not More; Electronic Frontier foundation (EFF), March 27, 2017

Kerry Sheehan, Electronic Frontier foundation (EFF); 

Let’s Make The Copyright Office Less Political, Not More


"In sum, we’ll have a Register, and a Copyright Office, that is accountable only to the President and the special interests that helped get them approved in the first place.  That will inevitably accelerate the politicization of the Office.
Under the current system, the official in charge of selecting the Register is a member of the one community that can usually be trusted to think about all of the interests copyright law affects: librarians.  As we’ve said before, libraries have an institutional obligation to serve the public, and to support access to knowledge and culture. Given copyright’s constitutional mandate to promote progress, we think the Office’s mission is best served when it is subject to the oversight and guidance of the library community.
It’s bad enough that Congress and the public can no longer look to the Register as a neutral arbiter of copyright policy.  We shouldn’t make the problem worse by effectively making the Copyright Office into an independent regulator and policymaker. Instead, the Register should remain an advisor to Congress and an administrator of the registration system."