Sunday, April 2, 2017

Economic Development: Intellectual property must be protected from theft; Billings Gazette, April 2, 2017

Dena Johnson and Jennifer Webber, Billings Gazette; 

Economic Development: Intellectual property must be protected from theft


"Rising "intellectual property crime in the United States and abroad threatens our public safety and economic well being.” US Department of Justice.

What does this mean for Main Street businesses? Are they at risk? Or is intellectual property (“IP”) protection only a concern for larger companies? The answer? IP should be a priority for every business owner no matter the size. Your company should “protect the programs and systems that support what makes your company successful and unique.” Federal Bureau of Investigation.

We interviewed attorney Jennifer L. Webber of WEBBERpllc (www.webberpllc.com) to learn more."

The findings of medical research are disseminated too slowly; The Economist, March 25, 2017

The Economist; The findings of medical research are disseminated too slowly

"As more researchers submit preprints and make their data available to others, they may find the comments they receive regarding their work helpful. Even the kudos of publication in the premier journals may slowly fade in the face of data about a piece of work’s actual, rather than potential, impact (see article). Having survived three and a half centuries, scientific journals will no doubt be around for a long time yet. With luck, though, they will return to being science’s servants, rather than its ringmasters."

Saturday, April 1, 2017

Uber Executive Invokes Fifth Amendment, Seeking to Avoid Potential Charges; New York Times, March 30, 2017

Daisuke Wakabayashi and Mike Isaac, New York Times; 

Uber Executive Invokes Fifth Amendment, Seeking to Avoid Potential Charges


"“The more we get into this, it might look like a public relations disaster for Uber,” said Michael Carrier, a law professor at Rutgers University. “The mere fact that you’re pleading the Fifth doesn’t look good.”"

Feds Call Miami Beach Patent Operation A Scam; NBC6 South Florida, March 29, 2017

Tony Pipitone, NBC6 South Florida; Feds Call Miami Beach Patent Operation A Scam

"For nearly three years, World Patent Marketing ran a multi-million dollar scam here, separating would-be inventors from their money, at times promoting a global patent that did not exist, according to a complaint filed by the Federal Trade Commission.

Based solely on the FTC’s claims, a federal judge has issued a temporary restraining order freezing all assets of the company and its founder, Scott Cooper, 43."

It's About Time for Congress to Improves [sic] the Copyright Office; Forbes, March 31, 2017

Harold Furchtgott-Roth, Forbes; 

It's About Time for Congress to Improves [sic] the Copyright Office


"In the pecking order of Washington organizations, the Copyright Office is close to last. The head of the Copyright Office does not report to the president. He reports to the Librarian of Congress. That’s right: the Librarian of Congress, who in turn reports to various members of Congress.

H.R. 1695 is a great start to remedy that situation, but it could be improved. For example, under the current bill, the Librarian of Congress would still select the Associate Registers of Copyrights. An improved bill would remove the Librarian of Congress from all responsibilities with respect to the Office of Copyright.

An astute observer might suggest that the obscurity of the Copyright Office and benign neglect in Washington have benefitted the copyright industries. Perhaps. The copyright industries have done quite well economically for decades without a forceful voice in government to advocate for them or to look after their interests. Have they done well because of neglect, or despite neglect?"

Wednesday, March 29, 2017

Judge: Annotations to Georgia Law Are Protected by Copyright; Associated Press via U.S. News & World Report, March 28, 2017

Kate Brumback, Associated Press via U.S. News & World Report; 

Judge: Annotations to Georgia Law Are Protected by Copyright


"A federal judge has ruled that annotations to Georgia's legal code can be copyrighted and that a nonprofit organization's copying and distribution of them isn't protected by fair use laws.

The state in July 2015 sued Public.Resource.Org Inc. in federal court in Atlanta. The nonprofit is run by Carl Malamud, an internet public domain advocate who argues for free access to legally obtained files."

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.'”