Out of a Rare Super Bowl I Recording, a Clash With the N.F.L. Unspools; New York Times, 2/2/16

Richard Sandomir, New York Times; Out of a Rare Super Bowl I Recording, a Clash With the N.F.L. Unspools:

"Haupt owns the recording but not its content, which belongs to the N.F.L. If the league refuses to buy it, he cannot sell the tapes to a third party, like CBS or a collector who would like to own a piece of sports history that was believed to be lost. He would like to persuade the league to sell the tapes jointly and donate some of the proceeds to their favorite charities. His mother said that she would give some of her share of the sale to the Wounded Warrior Project.

“They’re not doing anybody any good sitting in a vault,” he said. “Let’s help some great charities.”

But that is unlikely to happen. A letter from the league to Harwood last year provided a sharp warning to Haupt. “Since you have already indicated that your client is exploring opportunities for exploitation of the N.F.L.’s Super Bowl I copyrighted footage with yet-unidentified third parties,” Dolores DiBella, a league counsel, wrote, “please be aware that any resulting copyright infringement will be considered intentional, subjecting your client and those parties to injunctive relief and special damages, among other remedies.”

The law favors the league, said Jodi Balsam, a professor at Brooklyn Law School.

“What the league technically has is a property right in the game information and they are the only ones who can profit from that,” said Balsam, a former N.F.L. lawyer."

At Berkeley, a New Digital Privacy Protest; New York Times, 2/1/16

Steve Lohr, New York Times; At Berkeley, a New Digital Privacy Protest:

"While some of the professors criticize the monitoring program as one that invades their privacy, the University of California has responded that “privacy perishes in the absence of security.”

It’s part of the larger challenge that fast-moving technology poses for social values. Every day, corporations, government agencies and universities must balance the need for computer security with the expected right to privacy of the people who use their networks. In different settings, there are different rules, expectations and levels of threat.

“We’re really just starting to sort out the risks and rules for digital security and data collection and use,” said Elana Zeide, a privacy expert at New York University’s Information Law Institute."

Adele tells Donald Trump to stop pinching her songs for his campaign; Guardian, 2/1/16

Mark Tran and Amber Jamieson, Guardian; Adele tells Donald Trump to stop pinching her songs for his campaign:

"Was there anything artists could do to make sure someone with completely different political views to them stays away from their music?

“Not really,” said Gordon."

Unpublished Black History; New York Times, 2/1/16

Rachel L. Swarns, Darcy Eveleigh, and Damien Cave, New York Times; Unpublished Black History:

"Hundreds of stunning images from black history, drawn from old negatives, have long been buried in the musty envelopes and crowded bins of the New York Times archives.

None of them were published by The Times until now.

Were the photos — or the people in them — not deemed newsworthy enough? Did the images not arrive in time for publication? Were they pushed aside by words here at an institution long known as the Gray Lady?...

Every day during Black History Month, we will publish at least one of these photographs online, illuminating stories that were never told in our pages and others that have been mostly forgotten...

Many of these photographs, and their stories, are equally intriguing. But the collection is far from comprehensive. There are gaps, for many reasons."

Five Charged in U.S. With Stealing Secrets From GlaxoSmithKline; Reuters via New York Times, 1/20/16

Reuters via New York Times; Five Charged in U.S. With Stealing Secrets From GlaxoSmithKline:

"Five people, including two former GlaxoSmithKline researchers, were charged with a scheme to steal trade secrets from the British drugmaker for potential sale in China, according to indictments announced by the U.S. Attorney's Office in Philadelphia on Wednesday.

The indictments include charges of conspiracy to steal trade secrets, conspiracy to commit wire fraud, conspiracy to commit money laundering, theft of trade secrets, and wire fraud...

The alleged conspirators established three corporations in China, all using the name Renopharma, to sell the stolen information that could be used to reproduce Glaxo products and drugs in development, to competitors in China, according to the complaint."

Aaron Swartz and copyright wars in the Internet age; Boston Globe, 1/28/16

Hiawatha Bray, Boston Globe; Aaron Swartz and copyright wars in the Internet age:

"Swartz is a particularly tragic casualty of a conflict as old as the Gutenberg Bible. When copycats can easily republish the latest Charles Dickens novel or Adele CD, how will artists and publishers get paid? But laws to protect intellectual-property rights can cripple the free exchange of ideas.

Justin Peters seems as helpless as the rest of us to resolve this dilemma. But in his lucid and witty new book, he ably sketches the contours of the dilemma...

Peters places Swartz’s well-meant misdeeds in historical context, showing how this young man was one of many smart, ambitious combatants on both sides of the copyright wars.

"I can’t fault Peters’s sympathy for Swartz, and I share his opinion that the prosecutorial sledgehammer fell much too hard. But Peters seems a little too inclined to play the populist, sneering at the pro-copyright arguments of publishers. Yes, our current intellectual property statutes are absurdly restrictive. But apart from strong protections, how would artists and writers hope to make a decent living?

The conundrum continues, with activists on both sides engaged in constant efforts to redraw the boundaries. Peters’s new book is an excellent survey of the battlefield, and a sobering memorial to its most tragic victim."

Academics Want You to Read Their Work for Free; Atlantic, 1/26/16

Jane C. Hu, Atlantic; Academics Want You to Read Their Work for Free:

"Whitaker, who founded two other Elsevier journals and has a combined 50 years of editorial experience with the company, came into his new position after he heard about the former Lingua board’s actions and contacted Elsevier to express his dismay. “I disagreed with just about everything they were doing,” he said. He came out of retirement to sign a new contract with Elsevier in early January, and has since recruited several interim editors. He says that he and his editorial staff have received a fair amount of animosity from Glossa supporters.

But Whitaker stands firmly in favor of for-profit publishing; noting that publishers’ profits allow them to invest in new projects. (Elsevier gave Whitaker funds to found two new journals—Brain and Cognition and Brain and Language.) Plus, he says, profits ensure longevity. “That’s one of the many reasons I support the idea of a publisher that makes money,” he says. “Lingua will be here when I retire, and Lingua will be here when I die.”

The fate of Cognition, meanwhile remains to be seen. Barner and Snedeker plan to submit their petition to Elsevier on Wednesday. “The battle has been taken from a very small region—linguistics—to a much larger one,” says Rooryck. Barner and Snedeker are staying silent about their long-term plans, but their request sends a clear message to publishers: Scientists are ready for change."

‘Let’s Play’ enters the public domain as USPTO kills Sony’s trademark attempt; Digital Trends, 1/29/16

Danny Cowan, Digital Trends; ‘Let’s Play’ enters the public domain as USPTO kills Sony’s trademark attempt:

"After reviewing the matter, the USPTO found that “Let’s Play” was part of a larger vernacular, and is therefore ineligible for trademark. The new decision all but ensures that Sony’s attempted trademark is dead in the water.

The McArthur Law Firm takes credit for the revised decision, noting that it submitted “over 50 examples of how Let’s Play is generic and descriptive of video game streaming” in order to thwart Sony’s trademark attempt.

“The gaming community spoke, and the USPTO listened!” the firm announced this week."

U.S. Patent and Trademark Office News, 1/28/16

U.S. Patent and Trademark Office News:

"A report issued today by the U.S. Department of Commerce recommends amendments to copyright law that would provide courts with both more guidance and greater flexibility in awarding statutory damages.

In its "White Paper on Remixes, First Sale, and Statutory Damages," the Department’s Internet Policy Task Force (IPTF) sets forth its conclusions on three important copyright topics in the digital age: (1) the legal framework for the creation of remixes; (2) the relevance and scope of the “first sale doctrine;” and (3) the appropriate calibration of statutory damages in the contexts of individual file sharers and secondary liability for large-scale infringement.

The White Paper recommends amending the Copyright Act to incorporate a list of factors for courts and juries to consider when determining the amount of a statutory damages award. In addition, it advises changes to remove a bar to eligibility for the Act’s “innocent infringer” provision, and to lessen the risk of excessive statutory damages in the context of non-willful secondary liability for online service providers...

This new report follows up on issues first discussed in a 2013 IPTF Green Paper, "Copyright Policy, Creativity, and Innovation in the Digital Economy," and is the product of two sets of written comments and five public meetings and roundtables conducted through the following year.

The IPTF is made up of representatives from the United States Patent and Trademark Office (USPTO), The National Telecommunications and Information Administration (NTIA) and other Commerce Department agencies.

The White Paper and additional background information can be found online at: www.uspto.gov/copyright-white-paper-2016."

Pass the Defend Trade Secrets Act; The Hill, 1/27/16

Sens. Orrin Hatch (R-Utah) and Chris Coons (D-Del.), The Hill; Pass the Defend Trade Secrets Act:

"Every year, industrial spies infiltrate American companies, stealing valuable trade secrets and leaking them to domestic competitors and corporations overseas. This crime cripples innovation and hampers economic growth, costing U.S. businesses billions of dollars each year. What’s worse, federal law does little to protect against this form of intellectual property theft. In fact, trade secrets are the only form of intellectual property lacking remedies under federal civil law. To safeguard American ingenuity and give companies the protections they deserve, Congress should act now to pass the Defend Trade Secrets Act, which we authored earlier this year.

In addition to the billions of dollars in direct economic costs, trade secret theft also stifles innovation by deterring companies from investing in research and development. Consider the case of DuPont—the chemical company that invented the life-saving Kevlar body armor used by our service members. DuPont invested significant time and resources developing a Kevlar material strong enough to withstand the penetrating trauma of rifle rounds and grenade shrapnel. Because of the company’s efforts, DuPont has saved thousands of lives.

But six years ago, a rogue employee leaked the manufacturing process of Kevlar to a rival company in South Korea, costing DuPont nearly $1 billion in economic losses. In an instant, the company’s comparative advantage—which it had earned after investing thousands of man-hours and millions of dollars—disappeared. Lacking a federal private right of action, DuPont executives were fortunate that the FBI was able to conduct a successful criminal investigation under the Economic Espionage Act. But the FBI lacks the resources to investigate the tens of thousand or more thefts that take place each year. Last year, in fact, the Department of Justice brought only 15 criminal cases for trade secret theft. The absence of a federal private right of action for trade secret misappropriation leaves American intellectual property vulnerable to theft and discourages research and innovation."

With Corbis Sale, Tiananmen Protest Images Go to Chinese Media Company; New York Times, 1/27/16

Mike McPhate, New York Times; With Corbis Sale, Tiananmen Protest Images Go to Chinese Media Company:

"Corbis, the photography archive owned by Bill Gates that includes some of the most famous pictures ever made, has sold its image and licensing division to a Chinese company.

The sale gives the new owner, Visual China Group, control over photographs of immense cultural and commercial value — Marilyn Monroe on a subway grate, Rosa Parks on a bus, Jimi Hendrix at Woodstock and Albert Einstein sticking out his tongue.

But it has been the transfer of images from the 1989 crackdown in Tiananmen Square, an event that China’s Communist Party has aggressively blotted out of public view ever since, that has perhaps raised the most alarm."

Hacking the Patent System: Improved, Expanded Guide to Patent Licensing Alternatives; Electronic Frontier Foundation (EFF), 1/26/16

Elliott Harmon, Electronic Frontier Foundation (EFF); Hacking the Patent System: Improved, Expanded Guide to Patent Licensing Alternatives:

"We're pleased to announce the 2016 edition of Hacking the Patent System, a guide to alternative patent licensing produced by the Juelsgaard Intellectual Property & Innovation Clinic at Stanford Law School in partnership with EFF and Engine. First published in 2014, the guide provides a high-level overview of several tools that inventors and innovators could use to avert unnecessary and costly patent litigation (or at least to avoid trollish behavior themselves).

The tools we cover fall roughly into three categories: defensive patent aggregators, defensive patent pledges, and insurance. Generally speaking, defensive aggregators use the pooled resources of member companies to purchase patents that may otherwise have been purchased by trolls."

CHORUS Inks Agreement with NSF, USGS, NIST; Library Journal, 1/21/16

Lisa Peet, Library Journal; CHORUS Inks Agreement with NSF, USGS, NIST:

"CHORUS (the Clearinghouse for the Open Research of the United States) has partnered with a number of federal agencies over the past six months to help them comply with the Office of Science and Technology Policy (OSTP) and Office of Management and Budget (OMB) directives requiring open access to federally funded research. The United States Department of Energy (DOE), the Smithsonian Institution, the National Science Foundation (NSF), the U.S. Geological Survey (USGS), and U.S. Commerce Department’s National Institute of Standards and Technology (NIST) have all reached agreements with CHORUS.

CHORUS was formed as a not-for-profit membership organization in 2013 in response to the OSTP memo, which required all federal funding agencies to develop public access plans for sharing both research data and peer-reviewed publications. Using metadata such as funder identifiers, award numbers, and Open Researcher and Contributor IDs (ORCIDs), CHORUS provides stable digital identifiers to full-text peer-reviewed articles after an embargo period, customarily 12 months. These can then be accessed by funders, institutions, researchers, publishers, and the public through CHORUS’s open application programming interfaces (APIs), which include search and dashboard services. CHORUS identifies federal funding through Funding Data, previously called FundRef, which collects funding source information for publications deposited with the nonprofit citation linker Crossref."

‘X-Men: Danger Room Protocols’ shut down after one episode; ComicBookResources.com, 1/25/16

Kevin Melrose, ComicBookResources.com; ‘X-Men: Danger Room Protocols’ shut down after one episode:

"“X-Men: Danger Room Protocols,” a fan-made animated tribute to the 1990s cartoon and comics, has ended after just one episode, purportedly due to legal pressure from Marvel.

“When I set out to make this project, I never really thought this was going to be an issue,” creator Joel Furtado said in a video posted this morning. “I didn’t think that Marvel was going to react this way, and this outcome, for me, is a little bit shocking.”

When contacted by ROBOT 6, Marvel declined comment.

Launched last week, the project was planned as a series of 18 episodes, each pairing two X-Men in a Danger Room training exercise (hence the title). Furtado had described “Danger Room Protocols” as “a love letter to Marvel and my childhood, as well as a way to give something back to the fans.”"

Watson helped IBM win more patents than any other company last year; New York Business Journal, 1/13/16

Michael del Castillo, New York Business Journal; Watson helped IBM win more patents than any other company last year:

"Even after 104 years, IBM is still the most innovative company in the United States by at least by one important metric: patents.

With 7,355 patents granted in 2015 IBM — which was founded in 1911 — crushed the competition, thanks in part to its artificial intelligence system, Watson, based in Astor Place in the East Village.

“More than 2,000 of IBM’s patents last year were related to its cloud and cognitive computing,” an IBM representative wrote to the New York Business Journal this morning. “Many of which are in use and part of the Watson offering’s capabilities.”

Two patents specifically mentioned in the IBM press release are Patent US9117446, which helps machines understand human emotion, and Patent US9146917, which helps machines learn from human beings."

If Patents Are So Valuable Why Does IBM's Intellectual Property Revenue Continue To Decline; Forbes, 1/19/16

Chuck Jones, Forbes; If Patents Are So Valuable Why Does IBM's Intellectual Property Revenue Continue To Decline:

"IBM was awarded 7,355 patents in 2015 which was the 23rd year in a row it has received the most patents. Over 2,000 of last year’s patents were related to cognitive computing and the company’s cloud platform. Over the 23 years IBM has received over 88,000 patents and I would estimate they have generated about $20 billion or more of IP (intellectual property) related revenue.

While the value of patents isn’t calculated just by the revenue they generate, it is interesting to see how IBM is doing with this financial line item. Between 2008 and 2012 IBM’s patent portfolio generated between $1.1 and $1.2 billion per year. It has fallen each year since then to $742 million in 2014 and could fall again in 2015 to under $700 million."

US Copyright Office is taking comments about how well the DMCA is working; ArsTechnica.com, 1/6/16

Joe Mullin, ArsTechnica.com; US Copyright Office is taking comments about how well the DMCA is working:

"If you're feeling down about the DMCA this winter—or feeling just skippy about it—there's a government agency that wants to hear from you. On December 31, the US Copyright Office said it intends to take public comments about the effectiveness of the DMCA and its "safe harbor" provisions.

The comments will be part of a "public study to evaluate the impact and effectiveness of the safe harbor provisions" of the DMCA. Questions that the office wants to consider include:...

There are 30 numbered questions in all (but there's no requirement to address every point.) The questions and other information about the study are listed in the Federal Register notice.

Specific instructions on how to submit the comments will be posted by February 1 on the Copyright Office website, and comments are due by March 21. While a comment to the Copyright Office is a long way from influencing policy, the discussion could be interesting. Many of those on the receiving end of DMCA notices tend to think it's a "shoot first, ask questions later" approach to the problem, while content owners concerned about piracy have long held that the DMCA is too burdensome on them."

What a Million Syllabuses Can Teach Us; New York Times, 1/22/16

Joe Karaganis and David McClure, New York Times; What a Million Syllabuses Can Teach Us:

"COLLEGE course syllabuses are curious documents. They represent the best efforts by faculty and instructors to distill human knowledge on a given subject into 14-week chunks. They structure the main activity of colleges and universities. And then, for the most part, they disappear.

Some schools archive them, some don’t. Some syllabus archives are public, some aren’t. Some faculty members treat their syllabuses as trade secrets, others are happy to post them online. Despite the bureaucratization of higher education over the past few decades, syllabuses have escaped systematic treatment.

Until now. Over the past two years, we and our partners at the Open Syllabus Project (based at the American Assembly at Columbia) have collected more than a million syllabuses from university websites. We have also begun to extract some of their key components — their metadata — starting with their dates, their schools, their fields of study and the texts that they assign.

This past week, we made available online a beta version of our Syllabus Explorer, which allows this database to be searched. Our hope and expectation is that this tool will enable people to learn new things about teaching, publishing and intellectual history."

Celebrating Copyright Week with a Theatrical Copyright Revue; Public Knowledge, 1/20/16

Meredith Filak Rose, Public Knowledge; Celebrating Copyright Week with a Theatrical Copyright Revue:

"We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, copyright allies are taking on different elements of the law, addressing what's at stake, and discussing what we need to do to make sure that copyright promotes creativity and innovation.

Happy Copyright Week! To celebrate, I’m looking back on all the exciting copyright cases that have occurred since last year’s Copyright Week, with courts and the music industry alike tackling everything from uncredited sampling to fair use dancing babies. I’ve rounded up some of the highlights of the year’s upheaval, and took the liberty of suggesting a few edits to reflect the changing times. (And yes, that does mean I’ll be reviewing landmark music copyright cases via lyrical skits.)"