Katherine J. Wu, Smithsonian; Start of 2020 Ushers Thousands of Once-Copyrighted Works Into the Public Domain
"For the second year in a row, the internet has hit serious digital
paydirt in the arena of cultural catch-up. As the decade changed over on
January 1, thousands of once-copyrighted works from 1924 entered the
public domain. Ninety-five years after their creation, these classics
are finally free to use, remix and build upon without permission or
payment. (See the full list here.)
Among the liberated are musical compositions like George Gershwin’s “Rhapsody in Blue,” films like Buster Keaton’s Sherlock, Jr. and books like E.M. Forster’s A Passage to India. Now,
anyone—from historians to recording artists to iPhone-savvy middle
schoolers—can make these works and more their own with annotations,
additions and modifications. They can even profit from them, if they so
choose."
Wednesday, January 8, 2020
Tuesday, January 7, 2020
UK Government Plans To Open Public Transport Data To Third Parties; Forbes, December 31, 2019
Simon Chandler, Forbes; UK Government Plans To Open Public Transport Data To Third Parties
"The launch is a significant victory for big data. Occasionally derided as a faddish megatrend or empty buzzword, the announcement of the Bus Open Data Service shows that national governments are willing to harness masses of data and use them to create new services and economic opportunities. Similarly, it's also a victory for the internet of things, insofar as real-time data from buses will be involved in providing users with up-to-date travel info.
That said, the involvement of big data inevitably invites fears surrounding privacy and surveillance."
"The launch is a significant victory for big data. Occasionally derided as a faddish megatrend or empty buzzword, the announcement of the Bus Open Data Service shows that national governments are willing to harness masses of data and use them to create new services and economic opportunities. Similarly, it's also a victory for the internet of things, insofar as real-time data from buses will be involved in providing users with up-to-date travel info.
That said, the involvement of big data inevitably invites fears surrounding privacy and surveillance."
Extradited from Switzerland, Chinese scientist to stand trial in Philly for plot to steal GlaxoSmithKline trade secrets; The Philadelphia Inquirer, January 6, 2020
Jeremy Roebuck, The Philadelphia Inquirer; Extradited from Switzerland, Chinese scientist to stand trial in Philly for plot to steal GlaxoSmithKline trade secrets
"A Chinese scientist accused of aiding a conspiracy to steal trade secrets potentially worth more than $1 billion from GlaxoSmithKline has been extradited from Switzerland to stand trial in Philadelphia.
Federal prosecutors say Gongda Xue, a 50-year-old biochemist, received valuable proprietary cancer research that his sister stole while she worked for the pharmaceutical giant’s research facility in Upper Merion from 2006 to 2016."
"A Chinese scientist accused of aiding a conspiracy to steal trade secrets potentially worth more than $1 billion from GlaxoSmithKline has been extradited from Switzerland to stand trial in Philadelphia.
Federal prosecutors say Gongda Xue, a 50-year-old biochemist, received valuable proprietary cancer research that his sister stole while she worked for the pharmaceutical giant’s research facility in Upper Merion from 2006 to 2016."
What Baby Yoda and T-Mobile’s Magenta Mark Can Teach Us About When to Enforce IP Rights; IP Watchdog, December 19, 2019
Theodore Chiacchio, IP Watchdog; What Baby Yoda and T-Mobile’s Magenta Mark Can Teach Us About When to Enforce IP Rights
"Too Zealous, Don’t Be
In both of the above examples, zealous enforcement of the rights-holder’s intellectual property rights would likely be counterproductive in most instances (a case-by-case analysis should of course be made, however). Given the very high stakes involved, an analysis of all relevant considerations should be undertaken prior to deciding whether litigation to enforce the intellectual property rights makes sense. This should include an analysis of the legal considerations (e.g., likelihood of prevailing in litigation and the uncertainty involved with respect to outcome), the high cost of litigation, the potential public relations impact, the potential effect on consumer engagement and organic marketing, and business ethics considerations related to bringing questionable claims against small and mid-sized businesses who may be forced to capitulate due to a financial inability to litigate."
"Too Zealous, Don’t Be
In both of the above examples, zealous enforcement of the rights-holder’s intellectual property rights would likely be counterproductive in most instances (a case-by-case analysis should of course be made, however). Given the very high stakes involved, an analysis of all relevant considerations should be undertaken prior to deciding whether litigation to enforce the intellectual property rights makes sense. This should include an analysis of the legal considerations (e.g., likelihood of prevailing in litigation and the uncertainty involved with respect to outcome), the high cost of litigation, the potential public relations impact, the potential effect on consumer engagement and organic marketing, and business ethics considerations related to bringing questionable claims against small and mid-sized businesses who may be forced to capitulate due to a financial inability to litigate."
DNA Phrase Too Descriptive for Registered Trademark, TTAB Says; Bloomberg Law, January 6, 2020
Kyle Jahner, Bloomberg Law; DNA Phrase Too Descriptive for Registered Trademark, TTAB Says
"A biotech company lost its bid to register a trademark for a patented DNA technique it invented, after a Patent and Trademark tribunal said the phrase “Sequencing by Binding” was too descriptive to register.
The Jan. 6 precedential decision illustrates that multi-word trademarks, even if coined by an applicant, can still fall short of the requirements for trademark registration."
"A biotech company lost its bid to register a trademark for a patented DNA technique it invented, after a Patent and Trademark tribunal said the phrase “Sequencing by Binding” was too descriptive to register.
The Jan. 6 precedential decision illustrates that multi-word trademarks, even if coined by an applicant, can still fall short of the requirements for trademark registration."
North Dakota University System to host open education resource conference in Fargo in March; Grand Forks Herald, January 7, 2020
Sydney Mook, Grand Forks Herald; North Dakota University System to host open education resource conference in Fargo in March
"In conjunction with Open Education Week, the North Dakota University System will hold an open education resources conference on Friday, March 6, at the Holiday Inn in Fargo, the university system announced Monday, Jan. 6.
The full-day program will include an overview of open education resources at a national level, a panel of representatives from UND, Mayville State University and Valley City State University who have implemented OERs, and research conducted by UND professor, Virginia Clinton, regarding the effects of using open textbooks and student learning outcomes.
Open educational resources, also known as OER and sometimes referred to as open-access resources, allow students to save money on textbooks through a free online textbook."
"In conjunction with Open Education Week, the North Dakota University System will hold an open education resources conference on Friday, March 6, at the Holiday Inn in Fargo, the university system announced Monday, Jan. 6.
The full-day program will include an overview of open education resources at a national level, a panel of representatives from UND, Mayville State University and Valley City State University who have implemented OERs, and research conducted by UND professor, Virginia Clinton, regarding the effects of using open textbooks and student learning outcomes.
Open educational resources, also known as OER and sometimes referred to as open-access resources, allow students to save money on textbooks through a free online textbook."
‘Rhapsody in Blue’ (1924) just reached the public domain, showing the insanity of U.S. copyright law; The Los Angeles Times, January 4, 2020
Michael Hiltzik, The Los Angeles Times; ‘Rhapsody in Blue’ (1924) just reached the public domain, showing the insanity of U.S. copyright law
"The liberation of all these creations, however, should also be an occasion for mourning. They would have been released to the public domain in the early 1960s, if not for an aggressive campaign staged in Washington by big media companies, especially Walt Disney Co., desperate to keep lucrative control of their copyrighted works for as long as possible.
Copyrights prevent consumers or creators from accessing, building on, or even repurposing artistic works without the permission of the copyright holders or the payment of a fee that can be steep. That’s arguably an obstacle to cultural development, and raises the question of why the heirs should exercise so much power and collect such payouts so many decades after the creators are gone."
"The liberation of all these creations, however, should also be an occasion for mourning. They would have been released to the public domain in the early 1960s, if not for an aggressive campaign staged in Washington by big media companies, especially Walt Disney Co., desperate to keep lucrative control of their copyrighted works for as long as possible.
Copyrights prevent consumers or creators from accessing, building on, or even repurposing artistic works without the permission of the copyright holders or the payment of a fee that can be steep. That’s arguably an obstacle to cultural development, and raises the question of why the heirs should exercise so much power and collect such payouts so many decades after the creators are gone."
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