Sunday, May 21, 2017

What the world’s most avid pizza box collector thinks of Apple’s patented pizza box; Washington Post, May 19, 2017

Herman Wong, Washington Post; What the world’s most avid pizza box collector thinks of Apple’s patented pizza box

"The wider world became aware of the circular carrier with a perforated lid after it was mentioned briefly in a recent Wired article about Apple Park, the Silicon Valley giant’s new campus in Cupertino, Calif. In a parenthetical, the magazine noted that Francesco Longoni, “the maestro of the Apple Park café, helped Apple patent a box that will keep to-go pizzas from getting soggy.” A caption added that it was “for workers who want to take the café’s pizza back to their pods.”

The patent describes the container as “a lid portion that is coupled to the base portion through a hinged connection such that the entire container is singularly constructed from a single piece of material.” Or you could just look at this video..."

Saturday, May 20, 2017

Google Just Dropped Some of Its Patent Claims Against Uber; Gizmodo, May 17, 2017

Kate Conger, Gizmodo; 

Google Just Dropped Some of Its Patent Claims Against Uber


"Waymo quietly dropped several of the patent claims in its explosive lawsuit against Uber last night, admitting in a new court filing that although it stands behind its allegations of trade secret theft and may pursue new patent claims later, it isn’t moving forward with its current patent infringement claims against one of Uber’s lidar devices."

"Foolish Visionary"; Bizarro, May 20, 2017

Dan Piraro, Bizarro; "Foolish Visionary"

Friday, May 19, 2017

Can You Copyright Your Dumb Joke? And How Can You Prove It's Yours?; NPR, May 17. 2017

Laurel Wamsley, NPR; 

Can You Copyright Your Dumb Joke? And How Can You Prove It's Yours?


"In 2008, law professors Dotan Oliar and Christopher Sprigman published a paper that explored the norms comics had established to protect their intellectual property: their jokes...

Can you really copyright a dumb joke?

"The question really focuses on originality, and there is no freestanding barrier to copyright extending to a joke on any topic ... so long as that joke meets the fairly minimal requirements for originality," says Perzanowski. "That means it has to demonstrate some low level of creativity and importantly that it not be copied from some other source."

"Copyright will give you protection for this specific arrangement of words," he says, but not for a whole subject matter.

When it comes to topical comedy, he says, the question is whether one can separate an idea (which can't be copyrighted) from its expression (which can).

Judge Sammartino agrees. "[T]here is little doubt that the jokes at issue merit copyright protection," she writes, citing the relevant case law, "noting originality requires only independent creation of a work that 'possess[es] some creative spark, "no matter how crude, humble or obvious" it might be.'"

However, she adds, the jokes here "are similarly constrained by their subject matter and the conventions of the two-line, setup-and-delivery paradigm."

The result is that for O'Brien's jokes to infringe on Kaseberg's copyright, they must be "virtually identical," one step below verbatim."

Tuesday, May 16, 2017

Remarks by Director Michelle K. Lee to Commemorate World IP Day 2017; U.S. Patent & Trademark Office, April 26, 2017

U.S. Patent & Trademark Office; Remarks by Director Michelle K. Lee to Commemorate World IP Day 2017




"Remarks by Director Michelle K. Lee to Commemorate World IP Day 2017

For more than two centuries, the United States of America has promoted and protected intellectual property rights. In the process, we have made revolutionary advances in science and technology. We have become a global leader in innovation, and we have helped create a strong IP system throughout the world. The USPTO is committed to continue working with the IP offices of the world to ensure that all of our IP systems continue to foster innovation.
The theme of this year’s World IP Day—improving lives through innovation—could not be more relevant. We have seen the profound impact that good ideas, protected through a world-class IP system, can have on humanity. From new and powerful technology that we can wear on our wrists and carry in our pockets, to new methods of diagnosing and treating disease, intellectual property can not only improve lives, it can save lives. It can also create new jobs and grow our economy, which is why we must always ensure that our IP system supports small businesses, startups, and individual inventors. Rewarding new ideas with IP rights guarantees that new improvements keep coming. In fact one of you may hold the next idea that could shape our lives for years to come.
So, please, get out there and invent and create. And don’t forget to protect your great ideas. Thank you for being a part of World IP Day!"

Fair Use Too Often Goes Unused; Chronicle of Higher Education, May 10, 2017

Noah Berlatsky, Chronicle of Higher Education; 

Fair Use Too Often Goes Unused


"Only if authors can’t track down permissions holders, [Julia] Round [editor of the journal Studies in Comics] said, does the journal consider printing small images under the legal doctrine of fair use.

But while publishers want authors to get permission, the law often does not require it. According to Kyle K. Courtney, copyright adviser for Harvard University in its Office for Scholarly Communication, copyright holders have certain rights — for instance, if you hold rights for a comic book, you determine when and by whom it can be reprinted, which is why I can’t just go out and create my own edition of the first Wonder Woman comic. But notwithstanding those rights, fair use gives others the right to reprint materials in certain situations without consulting the author — or even, in some cases, if the author has refused permission...

Seeking permission may seem safe, but it can have serious ethical and practical downsides."

A Fair Use Primer for Graduate Students; Inside Higher Ed, May 4, 2017

Heather Van Mouwerik, Inside Higher Ed; 

A Fair Use Primer for Graduate Students


"Although we, as graduate students, frequently employ materials under this provision, I find we rarely take time to understand exactly what it entails. I have come across professors and other instructors who span the gamut on this issue. Some seem to think that anything is covered under fair use, like a copyright carte blanche to do what they want with others’ materials; others interpret the flexibility as a constant threat looming over them, so they avoid utilizing copyrighted materials at all costs.

As usual, the truth lies somewhere in between. Instead, I prefer to see the fair use doctrine as a safeguard against accidental plagiarism, recognition for the rights of the original author, and protection against copyright infringement.

Because each situation is slightly different and technology far outpaces legal code, the doctrine of fair use is meant to be flexible and particular to most situations."