Rebecca Wexler, New York Times; When a Computer Program Keeps You in Jail
"The criminal justice system is becoming automated. At every stage — from policing and investigations to bail, evidence, sentencing and parole — computer systems play a role. Artificial intelligence deploys cops on the beat. Audio sensors generate gunshot alerts. Forensic analysts use probabilistic software programs to evaluate fingerprints, faces and DNA. Risk-assessment instruments help to determine who is incarcerated and for how long.
Technological advancement is, in theory, a welcome development. But in practice, aspects of automation are making the justice system less fair for criminal defendants.
The root of the problem is that automated criminal justice technologies are largely privately owned and sold for profit. The developers tend to view their technologies as trade secrets. As a result, they often refuse to disclose details about how their tools work, even to criminal defendants and their attorneys, even under a protective order, even in the controlled context of a criminal proceeding or parole hearing."
Tuesday, June 13, 2017
Copyright: as relevant as ever; Lexology, June 7, 2017
Rachel Sikwane, ENSafrica, Lexology; Copyright: as relevant as ever
"Copyright is a highly important area of IP law. Yet, it’s also an area that’s often ignored and misunderstood, partly because it generally doesn’t involve registration, and partly because of the uncertainties created by the digital age.
For those who have little experience or knowledge of copyright law, it’s an area of law that protects a wide range of things (referred to as “works”), including written works, artworks, musical works, sound recordings, films and computer programmes. In most countries (including South Africa), no registration is required, and the right comes into existence as soon as it is put into a material form – having a song in your mind does not give you copyright; you have to write it down or record it in some form. Even the most mundane work may enjoy copyright protection, provided that some effort went into creating it.
Copyright lasts for a very long time – in South Africa, the term is 50 years, and this runs from various dates such as the date of release or the date of death of the creator, depending on the type of work."
"Copyright is a highly important area of IP law. Yet, it’s also an area that’s often ignored and misunderstood, partly because it generally doesn’t involve registration, and partly because of the uncertainties created by the digital age.
For those who have little experience or knowledge of copyright law, it’s an area of law that protects a wide range of things (referred to as “works”), including written works, artworks, musical works, sound recordings, films and computer programmes. In most countries (including South Africa), no registration is required, and the right comes into existence as soon as it is put into a material form – having a song in your mind does not give you copyright; you have to write it down or record it in some form. Even the most mundane work may enjoy copyright protection, provided that some effort went into creating it.
Copyright lasts for a very long time – in South Africa, the term is 50 years, and this runs from various dates such as the date of release or the date of death of the creator, depending on the type of work."
Monday, June 12, 2017
A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate; BoingBoing, June 12, 2017
Cory Doctorow, BoingBoing; A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate
"Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called "Oh, The Places You'll Boldly Go," whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.
The Seuss estate argued that the book infringed its trademarks and copyrights. Now, the United States District Court for the Southern District of California court has ruled on the trademark question and found that there is no valid trademark claim thanks to "nominative fair use," and also indicated that it would be favorably disposed to fair use defenses on the copyright question.
The estate has two weeks to prove copyright damages and to amend its trademark claims."
"Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called "Oh, The Places You'll Boldly Go," whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.
The Seuss estate argued that the book infringed its trademarks and copyrights. Now, the United States District Court for the Southern District of California court has ruled on the trademark question and found that there is no valid trademark claim thanks to "nominative fair use," and also indicated that it would be favorably disposed to fair use defenses on the copyright question.
The estate has two weeks to prove copyright damages and to amend its trademark claims."
Next PTO Director must have management experience, patent savvy, and leadership skills; IPWatchdog, June 12, 2017
Judge Paul Michel, IPWatchdog; Next PTO Director must have management experience, patent savvy, and leadership skills
"All these ills can be addressed effectively by the PTO’s new Director, provided they have the necessary management experience, patent savvy, and leadership skills. Someone like me who has not run anything larger than a courthouse may lack the needed capabilities, as may someone who has run nothing larger than a litigation team or small law firm. Same for the gifted academics who provide such useful commentary on all matters patent. Same with former Capitol Hill staffers(I was once one myself). They all have their place, but it is not at the helm of America’s 13,000 person innovation agency.
Rather, we need someone from a large company who has shown leadership ability and has a proven record of successfully managing a significant part of a large organization. Of course, the person must also have experience prosecuting, licensing and litigating patents. And, a background in science or engineering. But many patent lawyers have such experiences. Few, however have the necessary management chops.
In my opinion, David Kappos embodied all these attributes to a great degree. And, he came from a long, highly successful career at IBM, where he ran a large operation that depended on using patent skills both for protecting patented inventions and defending against patent assertions by others. A company or law firm that primarily or only employs one or the other strategy is probably not the best talent pool from which to select a PTO Director, because achieving balance between owners and users is the key to success.
Finally, the person should have deep experience with the patent policy debates and the many agency reports and legislative proposals that have roiled the patent community for a decade. Today, those debates continue, unabated."
"All these ills can be addressed effectively by the PTO’s new Director, provided they have the necessary management experience, patent savvy, and leadership skills. Someone like me who has not run anything larger than a courthouse may lack the needed capabilities, as may someone who has run nothing larger than a litigation team or small law firm. Same for the gifted academics who provide such useful commentary on all matters patent. Same with former Capitol Hill staffers(I was once one myself). They all have their place, but it is not at the helm of America’s 13,000 person innovation agency.
Rather, we need someone from a large company who has shown leadership ability and has a proven record of successfully managing a significant part of a large organization. Of course, the person must also have experience prosecuting, licensing and litigating patents. And, a background in science or engineering. But many patent lawyers have such experiences. Few, however have the necessary management chops.
In my opinion, David Kappos embodied all these attributes to a great degree. And, he came from a long, highly successful career at IBM, where he ran a large operation that depended on using patent skills both for protecting patented inventions and defending against patent assertions by others. A company or law firm that primarily or only employs one or the other strategy is probably not the best talent pool from which to select a PTO Director, because achieving balance between owners and users is the key to success.
Finally, the person should have deep experience with the patent policy debates and the many agency reports and legislative proposals that have roiled the patent community for a decade. Today, those debates continue, unabated."
The Internet Is Where We Share — and Steal — the Best Ideas; New York Times, June 6, 2017
Jenna Wortham, New York Times; The Internet Is Where We Share — and Steal — the Best Ideas
"In April, a photograph of Rihanna and Lupita Nyong’o taken at a Miu Miu fashion show three years ago began recirculating online. Their friendly body language and chic clothes (Rihanna wore thigh-highs, fur and leather; Lupita a plum jacket with a jeweled collar) caught the imagination of the internet. A Twitter user named @1800SADGAL suggested that “Rihanna looks like she scams rich white men and Lupita is the computer-smart best friend that helps plan” the scams. People began talking about an “Ocean’s 11”-type film written by and starring black women. Issa Rae was nominated to write the script and Ava DuVernay to direct. All four women chimed in on Twitter, announcing their support, though what that meant seemed unclear. Like any other online frenzy, it disappeared after a few days.
But a few weeks later, Entertainment Weekly reported that the social-media fantasy was actually coming to life: Netflix beat out several bidders at Cannes to buy the concept, which could go into production as early as next year. Viewed one way, this is a tale about how the web has collapsed the distance between audience and creator. But it also raises questions about ownership in the digital age."
"In April, a photograph of Rihanna and Lupita Nyong’o taken at a Miu Miu fashion show three years ago began recirculating online. Their friendly body language and chic clothes (Rihanna wore thigh-highs, fur and leather; Lupita a plum jacket with a jeweled collar) caught the imagination of the internet. A Twitter user named @1800SADGAL suggested that “Rihanna looks like she scams rich white men and Lupita is the computer-smart best friend that helps plan” the scams. People began talking about an “Ocean’s 11”-type film written by and starring black women. Issa Rae was nominated to write the script and Ava DuVernay to direct. All four women chimed in on Twitter, announcing their support, though what that meant seemed unclear. Like any other online frenzy, it disappeared after a few days.
But a few weeks later, Entertainment Weekly reported that the social-media fantasy was actually coming to life: Netflix beat out several bidders at Cannes to buy the concept, which could go into production as early as next year. Viewed one way, this is a tale about how the web has collapsed the distance between audience and creator. But it also raises questions about ownership in the digital age."
Sunday, June 11, 2017
Disney seeks patent to block 3D-printed knockoffs; Orlando Sentinel, June 9, 2017
Paul Brinkmann, Orlando Sentinel; Disney seeks patent to block 3D-printed knockoffs
"As usual with Disney patents, it’s not clear whether the company actually wants to make the 3D scan-resist figurines, or if it’s just protecting research it has done."
"As usual with Disney patents, it’s not clear whether the company actually wants to make the 3D scan-resist figurines, or if it’s just protecting research it has done."
The problem with patents; Winnipeg Free Pres, June 10, 2017
Martin Cash, Winnipeg Free Press; The problem with patents
"The discovery that another manufacturer was using the "idle mode" feature was worrisome, but Tessier figured it would be dealt with because he had a patent with the understanding that he had a 20-year monopoly on that particular technology.
He found out fairly quickly was on his own and all the "monopoly" really meant was that he had the right to spend around $1 million in legal fees to compel others to acknowledge his market rights.
"Over the last year or so, I’ve learned an awful lot about patent protection," Tessier said. "Now I have to ask, why bother with a patent in the first place?"
His concerns are not just the fevered thoughts of a harried entrepreneur whose hard-won market share is being encroached on unfairly by a competitor with much greater resources and market heft.
It is, in fact, a long-standing gap in the dynamics of patent protection regulations that’s been well-known to patent professionals for some time.
Adrian Battison, a veteran patent agent with Ade & Company of Winnipeg, said, "It is a problem I have been worrying about for a long time. There is no question the enforcement of patents is a significant problem. You can obtain a Canadian patent for between $5,000 and $10,000 but to litigate it can cost $500,000 to $1 million. The average person with no access to sums of money simply can’t manage that kind of situation.""
"The discovery that another manufacturer was using the "idle mode" feature was worrisome, but Tessier figured it would be dealt with because he had a patent with the understanding that he had a 20-year monopoly on that particular technology.
He found out fairly quickly was on his own and all the "monopoly" really meant was that he had the right to spend around $1 million in legal fees to compel others to acknowledge his market rights.
"Over the last year or so, I’ve learned an awful lot about patent protection," Tessier said. "Now I have to ask, why bother with a patent in the first place?"
His concerns are not just the fevered thoughts of a harried entrepreneur whose hard-won market share is being encroached on unfairly by a competitor with much greater resources and market heft.
It is, in fact, a long-standing gap in the dynamics of patent protection regulations that’s been well-known to patent professionals for some time.
Adrian Battison, a veteran patent agent with Ade & Company of Winnipeg, said, "It is a problem I have been worrying about for a long time. There is no question the enforcement of patents is a significant problem. You can obtain a Canadian patent for between $5,000 and $10,000 but to litigate it can cost $500,000 to $1 million. The average person with no access to sums of money simply can’t manage that kind of situation.""
10 Intellectual Property Strategies For Technology Startups; Forbes, June 6, 2017
Richard Harroch and Neel Chatterjee, Forbes; 10 Intellectual Property Strategies For Technology Startups
"Intellectual property issues often are among the most important considerations that a technology startup will encounter. A startup will face numerous issues involving developing a product, hiring qualified employees, raising capital, and more. With all of these issues, intellectual property can feel distracting, expensive, or contrary to the goals of just getting a product to market before someone else does.
However, intellectual property is often the most valuable asset of a technology startup. Protecting intellectual property can be essential to obtaining venture capital funding or preventing competitors from unfairly competing with you.
In this article, we provide 10 critical intellectual property strategies for you to implement."
"Intellectual property issues often are among the most important considerations that a technology startup will encounter. A startup will face numerous issues involving developing a product, hiring qualified employees, raising capital, and more. With all of these issues, intellectual property can feel distracting, expensive, or contrary to the goals of just getting a product to market before someone else does.
However, intellectual property is often the most valuable asset of a technology startup. Protecting intellectual property can be essential to obtaining venture capital funding or preventing competitors from unfairly competing with you.
In this article, we provide 10 critical intellectual property strategies for you to implement."
Friday, June 9, 2017
Webinar: ABA-IPL Landslide Webinar Series: Practical Insights on Software Copyright Registration and Enforcement, June 20, 2017
ABA-IPL Landslide Webinar Series: Practical Insights on Software Copyright Registration and Enforcement
ABA-IPL Landslide® Webinar Series
Tuesday, June 20, 2017
1:00 pm - 2:30 pm EST
1.50 General CLE Credit Hours
Tuesday, June 20, 2017
1:00 pm - 2:30 pm EST
1.50 General CLE Credit Hours
While copyright law extends significant protection to computer software, creating a robust registration portfolio requires both strategy and creativity. The panel will identify and discuss key issues that arise when obtaining and enforcing copyright registrations in a world where the software to be protected and the infringers to be deterred evolve at a rapid pace. Addressing both Copyright Office guidance and noteworthy judicial decisions, the panelists will provide practical insights that transactional and litigation counsel can use in day-to-day practice.
Panelists:
- Gregory Stein, Ulmer & Berne LLP, Cleveland, OH (Moderator)
- John A Polito, Morgan, Lewis & Bockius LLP, San Francisco, CA
- Karen K Williams, SAP, San Francisco, CA
Intellectual Property 101: What Your Business Needs To Know About Copyright Law; Forbes, June 8, 2017
Art Neill, Forbes; Intellectual Property 101: What Your Business Needs To Know About Copyright Law
Co-authored with Teri Karobonik*
"Having an understanding of Intellectual Property law (IP) has become an essential skill for starting and growing a business. Many products, technologies, and creative works you make are protected by one of the four types of Intellectual Property Law: copyright, trademark, patent, and trade secret.
Unlike “real property” law, which governs physical property and land (think “real estate”), intellectual property governs the use of creative and technical works as well as brands.
Whether you’re interested in reusing content from others, or trying to protect your own content and ideas, it’s critical that you understand which types of Intellectual Property might be in play.
In the first part of this four part series, we’ll break down one of 4 main types of intellectual property, Copyright, and explain..."
Co-authored with Teri Karobonik*
"Having an understanding of Intellectual Property law (IP) has become an essential skill for starting and growing a business. Many products, technologies, and creative works you make are protected by one of the four types of Intellectual Property Law: copyright, trademark, patent, and trade secret.
Unlike “real property” law, which governs physical property and land (think “real estate”), intellectual property governs the use of creative and technical works as well as brands.
Whether you’re interested in reusing content from others, or trying to protect your own content and ideas, it’s critical that you understand which types of Intellectual Property might be in play.
In the first part of this four part series, we’ll break down one of 4 main types of intellectual property, Copyright, and explain..."
While EU Copyright Protests Mount, the Proposals Get Even Worse; Electronic Frontier Foundation (EFF), June 1, 2017
Jeremy Malcolm, Electronic Frontier Foundation (EFF); While EU Copyright Protests Mount, the Proposals Get Even Worse
"This week, EFF joined Creative Commons, Wikimedia, Mozilla, EDRi, Open Rights Group, and sixty other organizations in signing an open letter [PDF] addressed to Members of the European Parliament expressing our concerns about two key proposals for a new European "Digital Single Market" Directive on copyright.
These are the "value gap" proposal to require Internet platforms to put in place automatic filters to prevent copyright-infringing content from being uploaded by users (Article 13) and the equally misguided "link tax" proposal that would give news publishers a right to compensation when snippets of the text of news articles are used to link to the original source (Article 11)."
"This week, EFF joined Creative Commons, Wikimedia, Mozilla, EDRi, Open Rights Group, and sixty other organizations in signing an open letter [PDF] addressed to Members of the European Parliament expressing our concerns about two key proposals for a new European "Digital Single Market" Directive on copyright.
These are the "value gap" proposal to require Internet platforms to put in place automatic filters to prevent copyright-infringing content from being uploaded by users (Article 13) and the equally misguided "link tax" proposal that would give news publishers a right to compensation when snippets of the text of news articles are used to link to the original source (Article 11)."
Open Data And The Fight Against Disease; HuffPost, June 8, 2017
Adi Gaskell, HuffPost; Open Data And The Fight Against Disease
"Recently the Open Data Barometer produced its fourth analysis of the state of open data around the globe. The index ranks governments on a range of factors, including the maturity of its open data initiatives, the implementation of open data programs, and the impact those programs have had.
The index, which has the United Kingdom on top of the pile, highlights the variability in open data around the world, both within the developed world but also the developing world.
Nowhere is the importance of open data as critical as in healthcare, and a recent paper from the European Commission highlights some of the benefits, and challenges, of doing so, with a number of fascinating case studies from across Europe."
"Recently the Open Data Barometer produced its fourth analysis of the state of open data around the globe. The index ranks governments on a range of factors, including the maturity of its open data initiatives, the implementation of open data programs, and the impact those programs have had.
The index, which has the United Kingdom on top of the pile, highlights the variability in open data around the world, both within the developed world but also the developing world.
Nowhere is the importance of open data as critical as in healthcare, and a recent paper from the European Commission highlights some of the benefits, and challenges, of doing so, with a number of fascinating case studies from across Europe."
Sources: Lee quit amid tensions over Patent Office funding; Politico, June 7, 2017
Nancy Scola, Politico; Sources: Lee quit amid tensions over Patent Office funding
"Intrigue continues to surround Michelle Lee's abrupt resignation Tuesday as director of the U.S. Patent and Trademark Office, with some sources saying it was triggered by the Trump administration's efforts to tap her agency's funding to pay for services at the Commerce Department."
"Intrigue continues to surround Michelle Lee's abrupt resignation Tuesday as director of the U.S. Patent and Trademark Office, with some sources saying it was triggered by the Trump administration's efforts to tap her agency's funding to pay for services at the Commerce Department."
Wednesday, June 7, 2017
The U.S. patent office has named its interim successor to Michelle Lee; Washington Post, June 7, 2017
Brian Fung, Washington Post; The U.S. patent office has named its interim successor to Michelle Lee
"The Commerce Department has tapped Joseph Matal, an associate solicitor at the U.S. Patent and Trademark office, to succeed Michelle Lee as interim director of the intellectual property agency, according to the USPTO.
Matal's appointment comes one day after Lee abruptly resigned from her position. As a temporary replacement, Matal does not need to be confirmed by the U.S. Senate.
Matal has served at the patent office for nearly five years, representing the agency in federal court."
"The Commerce Department has tapped Joseph Matal, an associate solicitor at the U.S. Patent and Trademark office, to succeed Michelle Lee as interim director of the intellectual property agency, according to the USPTO.
Matal's appointment comes one day after Lee abruptly resigned from her position. As a temporary replacement, Matal does not need to be confirmed by the U.S. Senate.
Matal has served at the patent office for nearly five years, representing the agency in federal court."
U.S. Patent and Trademark Office Head Michelle Lee Resigns; Reuters via Fortune, June 6, 2017
Reuters via Fortune; U.S. Patent and Trademark Office Head Michelle Lee Resigns
"U.S. Patent and Trademark Office Director Michelle Lee, who has won praise from technology companies for taking steps to minimize abusive patent litigation, resigned from her position on Tuesday, a spokesman for the agency has confirmed.
She joined the agency in 2012 and became interim director in 2013 before being formerly nominated as director by then-President Barack Obama in 2014."
"U.S. Patent and Trademark Office Director Michelle Lee, who has won praise from technology companies for taking steps to minimize abusive patent litigation, resigned from her position on Tuesday, a spokesman for the agency has confirmed.
She joined the agency in 2012 and became interim director in 2013 before being formerly nominated as director by then-President Barack Obama in 2014."
Copyright in Seismic Data is Confirmed; JDSupra, June 7, 2017
JDSupra; Copyright in Seismic Data is Confirmed
"In a decision last year, GSI (Geophysical Service Incorporated) sued to win control over seismic data that it claimed to own. GSI used copyright principles to argue that by creating databases of seismic data, it was the proper owner of the copyright in such data. GSI argued that Encana, by copying and using that data without the consent of GSI, was engaged in copyright infringement. That was the core of GSI’s argument in multi-party litigation, which GSI brought against Encana and about two dozen other industry players, including commercial copying companies and data resellers. The data, originally gathered and “authored” by GSI, was required to be disclosed to regulators under the regime which governs Canadian offshore petroleum resources. Seismic data is licensed to users under strict conditions, and for a fee. Copying the seismic data, by any method or in any form, is not permitted under these license agreements. However, it is customary for many in the industry to acquire copies of the data from the regulator, after the privilege period expired, and many took advantage of this method of accessing such data."
"In a decision last year, GSI (Geophysical Service Incorporated) sued to win control over seismic data that it claimed to own. GSI used copyright principles to argue that by creating databases of seismic data, it was the proper owner of the copyright in such data. GSI argued that Encana, by copying and using that data without the consent of GSI, was engaged in copyright infringement. That was the core of GSI’s argument in multi-party litigation, which GSI brought against Encana and about two dozen other industry players, including commercial copying companies and data resellers. The data, originally gathered and “authored” by GSI, was required to be disclosed to regulators under the regime which governs Canadian offshore petroleum resources. Seismic data is licensed to users under strict conditions, and for a fee. Copying the seismic data, by any method or in any form, is not permitted under these license agreements. However, it is customary for many in the industry to acquire copies of the data from the regulator, after the privilege period expired, and many took advantage of this method of accessing such data."
Tuesday, June 6, 2017
Cupcake wars: Blogger sues Food Network over snow globe recipe video; Washington Post, June 5, 2017
Derek Hawkins, Washington Post; Cupcake wars: Blogger sues Food Network over snow globe recipe video
"Elizabeth LaBau’s holiday cupcake recipe was so popular it crashed her food blog.
It was clever, after all. LaBau, who runs SugarHero.com, had figured out a way to make edible snow globe cupcakes by coating small balloons in sheets of gelatin and letting them harden into translucent domes.
About three weeks after she published her tutorial, LaBau alleges, Food Network produced a how-to video on snow globe cupcakes that was so similar that it constituted copyright infringement."
"Elizabeth LaBau’s holiday cupcake recipe was so popular it crashed her food blog.
It was clever, after all. LaBau, who runs SugarHero.com, had figured out a way to make edible snow globe cupcakes by coating small balloons in sheets of gelatin and letting them harden into translucent domes.
About three weeks after she published her tutorial, LaBau alleges, Food Network produced a how-to video on snow globe cupcakes that was so similar that it constituted copyright infringement."
Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition; [Press Release] U.S. Copyright Office, copyright.gov, June 1, 2017
[Press Release] U.S. Copyright Office, copyright.gov
Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition
Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition
Issue No. 666 - June 01, 2017
Acting Register of Copyrights Karyn Temple Claggett today released a revised draft of the Compendium of U.S. Copyright Office Practices, Third Edition. This draft includes the first proposed updates to the Compendium since its release in December 2014. The public draft is available on the Office’s website at https://copyright.gov/comp3/draft.html. It will go into effect on July 3, 2017.
The Compendium is the administrative manual of the Register of Copyrights concerning the mandate and statutory duties of the Copyright Office under Title 17 of the United States Code. See 37 CFR. § 201.2(b)(7). The proposed updates are the result of a comprehensive review of the Office’s practices and procedures. The draft revisions to the registration chapters clarify how and when the Office communicates with applicants and how it handles duplicate claims, deposit requirements, and claims involving multiple works, among other improvements. The update also provides preliminary guidance for claims involving useful articles based on the Supreme Court’s recent decision in Star Athletica v. Varsity Brands.
The draft revisions to the recordation chapter provide additional guidance for recording notices of termination and information on the Office’s new electronic system for the designation of agents. The draft update also addresses recent changes in the Office’s regulations, including the “mailbox rule” for requests for reconsideration, new procedures for removing personally identifiable information, and changes made by the Office’s technical amendments. For a full accounting of draft Compendium revisions, read more.
Additionally, the Compendium has been reformatted to improve readability for online and offline users. When the revision is released in final form, it will include improved hyperlinks to provide direct access to legal citations and resources on the Office’s website, as well as improved cross-references between chapters.
Public comments on this draft may be submitted from June 1 to June 30 using the provided form. See www.copyright.gov/comp3/draft.html for more information.
Monday, June 5, 2017
How a rigid fair-use standard would harm free speech and fundamentally undermine the Internet; Los Angeles Times, June 1, 2017
Art Neill, Los Angeles Times; How a rigid fair-use standard would harm free speech and fundamentally undermine the Internet
"In a recent Times op-ed article, Jonathan Taplin of the USC Annenberg Innovation Lab claimed that an “ambiguous“ fair use definition is emboldening users of new technologies to challenge copyright infringement allegations, including takedown notices. He proposes rewriting fair use to limit reuses of audio or video clips to 30 seconds or less, a standard he mysteriously claims is “widely accepted.”
In fact, this is not a widely accepted standard, and weakening fair use in this way will not address copyright infringement concerns on the Internet. It would hurt the music, film and TV industries as much as it would hurt individual creators...
Fair use is inextricably linked to our 1st Amendment right to free speech. We are careful with fair use because it’s the primary way consumers, creators and innovators share new ideas. It’s a good thing, and it is worth protecting."
"In a recent Times op-ed article, Jonathan Taplin of the USC Annenberg Innovation Lab claimed that an “ambiguous“ fair use definition is emboldening users of new technologies to challenge copyright infringement allegations, including takedown notices. He proposes rewriting fair use to limit reuses of audio or video clips to 30 seconds or less, a standard he mysteriously claims is “widely accepted.”
In fact, this is not a widely accepted standard, and weakening fair use in this way will not address copyright infringement concerns on the Internet. It would hurt the music, film and TV industries as much as it would hurt individual creators...
Fair use is inextricably linked to our 1st Amendment right to free speech. We are careful with fair use because it’s the primary way consumers, creators and innovators share new ideas. It’s a good thing, and it is worth protecting."
Ivanka Trump's firm seeks new trademarks in China, reviving ethical concerns; CNN Money, June 5, 2017
Jackie Wattles and Jill Disis, CNN Money; Ivanka Trump's firm seeks new trademarks in China, reviving ethical concerns
"Ivanka Trump's business, which mostly makes clothing and accessories, says the latest trademark applications were filed to block others from profiting off of her name, not because she wants to sell the products in China.
But that's still a problem, says Larry Noble, the general counsel for the nonprofit, nonpartisan Campaign Legal Center, a watchdog group.
He said the family's continued ties to their businesses raise questions about whether their profit motives could influence U.S. relations with other countries.
"China knows that to deny these applications would get a negative reaction from the president, and to expedite their approval would get a positive reaction from the president," Noble said."
"Ivanka Trump's business, which mostly makes clothing and accessories, says the latest trademark applications were filed to block others from profiting off of her name, not because she wants to sell the products in China.
But that's still a problem, says Larry Noble, the general counsel for the nonprofit, nonpartisan Campaign Legal Center, a watchdog group.
He said the family's continued ties to their businesses raise questions about whether their profit motives could influence U.S. relations with other countries.
"China knows that to deny these applications would get a negative reaction from the president, and to expedite their approval would get a positive reaction from the president," Noble said."
The U.S. Supreme Court Is Reining in Patent Trolls, Which Is a Win for Innovation; Harvard Business Review, June 2, 2017
Larry Downes, Harvard Business Review; The U.S. Supreme Court Is Reining in Patent Trolls, Which Is a Win for Innovation
"In the last week, the U.S. Supreme Court issued two important rulings limiting patent rights. The decisions, which were both unanimous, significantly scaled back the ability of patent holders to slow innovation by competitors, tipping scales that many legal scholars believe have become badly imbalanced."
"In the last week, the U.S. Supreme Court issued two important rulings limiting patent rights. The decisions, which were both unanimous, significantly scaled back the ability of patent holders to slow innovation by competitors, tipping scales that many legal scholars believe have become badly imbalanced."
Thursday, June 1, 2017
Five questions about open science answered; Phys.org, May 30, 2017
Elizabeth Gilbert, Katie Corker,
Phys.org; Five questions about open science answered"What is "open science"?
Open science is a set of practices designed to make scientific processes and results more transparent and accessible to people outside the research team. It includes making complete research materials, data and lab procedures freely available online to anyone. Many scientists are also proponents of open access, a parallel movement involving making research articles available to read without a subscription or access fee."
Tuesday, May 30, 2017
As Computer Coding Classes Swell, So Does Cheating; New York Times, May 29, 2017
Jess Bidgood and Jeremy B. Merrill, New York Times;
As Computer Coding Classes Swell, So Does Cheating
"In interviews, professors and students said the causes were not hard to pin down.
To some students drawn to the classes, coding does not come easily. The coursework can be time-consuming. Troves of code online, on sites like GitHub, may have answers to the very assignment the student is wrestling with, posted by someone who previously took the course.
“You’ve got kids who were struggling with spending a third of their time on their problem sets with the option to copy from the internet,” said Jackson Wagner, who took the Harvard course in 2015 and was not accused of copying. “That’s the reason why people cheat.”
Complicating matters is the collaborative ethos among programmers, which encourages code-sharing in ways that might not be acceptable in a class. Professors also frequently allow students to discuss problems among themselves, but not to share actual code, a policy that some students say creates confusion about what constitutes cheating."
The Coat of Arms Said ‘Integrity.’ Now It Says ‘Trump.’; New York Times, May 28, 2017
Danny Hakim, New York Times;
“Britain’s trademark office would not initially acknowledge the earlier application by Mr. Trump. It provided a copy last month only after The New York Times made a Freedom of Information request, and would not say why the application was rejected, citing a law restricting its ability to release information.
The College of Arms, which oversees coats of arms in England, Wales and Northern Ireland, provided more detail. The emblem originally submitted in 2007 by Mr. Trump to Britain’s trademark office matched one that had been granted to Mr. Davies, an American of Welsh descent who once served as ambassador to the Soviet Union.
“It couldn’t be a clearer-cut case, actually,” said Clive Cheesman, one of the college’s heralds, who oversee coats of arms, their design and their use.
“A coat of arms that was originally granted to Joseph Edward Davies in 1939 by the English heraldic authority ended up being used 10 or 15 years ago by the Trump Organization as part of its branding for its golf clubs,” said Mr. Cheesman, a lawyer by training. “This got them into difficulty.”"
The Coat of Arms Said ‘Integrity.’ Now It Says ‘Trump.’
“Britain’s trademark office would not initially acknowledge the earlier application by Mr. Trump. It provided a copy last month only after The New York Times made a Freedom of Information request, and would not say why the application was rejected, citing a law restricting its ability to release information.
The College of Arms, which oversees coats of arms in England, Wales and Northern Ireland, provided more detail. The emblem originally submitted in 2007 by Mr. Trump to Britain’s trademark office matched one that had been granted to Mr. Davies, an American of Welsh descent who once served as ambassador to the Soviet Union.
“It couldn’t be a clearer-cut case, actually,” said Clive Cheesman, one of the college’s heralds, who oversee coats of arms, their design and their use.
“A coat of arms that was originally granted to Joseph Edward Davies in 1939 by the English heraldic authority ended up being used 10 or 15 years ago by the Trump Organization as part of its branding for its golf clubs,” said Mr. Cheesman, a lawyer by training. “This got them into difficulty.”"
Supreme Court decision allows resale of used ink cartridges despite patent holder restriction; ABA Journal, May 30, 2017
Debra Cassens Weiss, ABA Journal; Supreme Court decision allows resale of used ink cartridges despite patent holder restriction
"A patent holder that restricts the reuse or resale of its printer ink cartridges can’t invoke patent law against a remanufacturing company that violates the restriction, the U.S. Supreme Court ruled on Tuesday.
The court ruled that Lexmark International’s patent rights are exhausted with its first sale of the cartridges, despite restrictions it tried to impose."
"A patent holder that restricts the reuse or resale of its printer ink cartridges can’t invoke patent law against a remanufacturing company that violates the restriction, the U.S. Supreme Court ruled on Tuesday.
The court ruled that Lexmark International’s patent rights are exhausted with its first sale of the cartridges, despite restrictions it tried to impose."
Intellectual Property (IP) Through Stories; BananaIP.com, May 2017
BananaIP.com; Intellectual Property (IP) Through Stories
"Storytelling Based Corporate IP Training and Knowledge Development Program
"Storytelling Based Corporate IP Training and Knowledge Development Program
“You may forget a concept or a principle, but you will never forget a well told story.”
BananaIP offers story based intellectual property training and knowledge development programs for corporates and businesses. Unlike the standard IP training programs, which are typically delivered through talks, presentations and cases, BananaIP’s IP through Stories Program teaches IP concepts and skills through creative and interactive storytelling. Program participants will learn basic and advanced concepts of IP through entertaining, educative and imaginative stories told by some of the leading experts in the field.
Over the years, BananaIP’s Team of experts and Trainers have taught more than ten thousand corporates at different levels in the organization structure from CEOs to Fresh Recruits. The IP through Stories Program takes that experience a step forward by integrating innovative IP teaching techniques with storytelling."
Sunday, May 28, 2017
The Rise and Fall of Yik Yak, the Anonymous Messaging App; New York Times, May 27, 2017
Valeriya Safronova, New York Times; The Rise and Fall of Yik Yak, the Anonymous Messaging App
"At the end of that year, Mr. Droll and Mr. Buffington laid off 60 percent of their employees, and last month, they shut down the operation, selling off intellectual property and employee contracts to Square Inc., a mobile payment company, for $1 million. A few months earlier, Hive, a college-based chat app with a similar color scheme to Yik Yak’s, popped up in the iTunes and Google Play stores, with Mr. Buffington in one of the screenshots. Whether it was an attempt at reinvention under the Yik Yak umbrella or a side project is unclear, but it is no longer available...
Morgan Hines, who will start her fourth year at Northeastern University in Boston this fall, never encountered nastiness on Yik Yak. “I thought it was funny,” she said. “It formed a lot of camaraderie between students. There would be random shout-outs to things happening on campus, like people who are attractive or being annoying in the library, or a fire alarm going off at 4 a.m.”
But Ms. Hines criticized Yik Yak’s hyper-localization. “Yik Yak was for pockets of people on campus,” she said. “If the fire alarm went off at 4 a.m., it only went off at your building, so no one else will give it a thumbs-up.”
That hyper-localization is also what made the cases of harassment particularly galling. Ms. Musick, one of the plaintiffs, said, “With Yik Yak, in the back of your mind, you know they’re not from around the world or other parts of the state, they’re right there in your classroom, in your dining hall. On a campus with 4,500 students, that’s a pretty small group of people. This isn’t some creepy guy in his mom’s basement in Indiana.”"
"At the end of that year, Mr. Droll and Mr. Buffington laid off 60 percent of their employees, and last month, they shut down the operation, selling off intellectual property and employee contracts to Square Inc., a mobile payment company, for $1 million. A few months earlier, Hive, a college-based chat app with a similar color scheme to Yik Yak’s, popped up in the iTunes and Google Play stores, with Mr. Buffington in one of the screenshots. Whether it was an attempt at reinvention under the Yik Yak umbrella or a side project is unclear, but it is no longer available...
Morgan Hines, who will start her fourth year at Northeastern University in Boston this fall, never encountered nastiness on Yik Yak. “I thought it was funny,” she said. “It formed a lot of camaraderie between students. There would be random shout-outs to things happening on campus, like people who are attractive or being annoying in the library, or a fire alarm going off at 4 a.m.”
But Ms. Hines criticized Yik Yak’s hyper-localization. “Yik Yak was for pockets of people on campus,” she said. “If the fire alarm went off at 4 a.m., it only went off at your building, so no one else will give it a thumbs-up.”
That hyper-localization is also what made the cases of harassment particularly galling. Ms. Musick, one of the plaintiffs, said, “With Yik Yak, in the back of your mind, you know they’re not from around the world or other parts of the state, they’re right there in your classroom, in your dining hall. On a campus with 4,500 students, that’s a pretty small group of people. This isn’t some creepy guy in his mom’s basement in Indiana.”"
Swiss keep up the patent pace; swissinfo.ch, May 24, 2017
Luigi Jorio, swissinfo.ch; Swiss keep up the patent pace
"A machine for sorting gravel, a barometer that works by atmospheric humidity and a special electric writing machine: these are just a few of the patents that were filed in Switzerland over a hundred years ago and very probably reviewed by a certain Albert Einstein
The famous German physicist worked at the Swiss Federal Office of Intellectual Property in Bern from 1902 to 1909, a place he spoke of as a worldly cloister where he hatched his most beautiful ideas."
"A machine for sorting gravel, a barometer that works by atmospheric humidity and a special electric writing machine: these are just a few of the patents that were filed in Switzerland over a hundred years ago and very probably reviewed by a certain Albert Einstein
The famous German physicist worked at the Swiss Federal Office of Intellectual Property in Bern from 1902 to 1909, a place he spoke of as a worldly cloister where he hatched his most beautiful ideas."
Fair Use Under the Trademark Laws; New York Law Journal, May 23, 2017
Howard Wintner, New York Law Journal;
Fair Use Under the Trademark Laws
"The doctrine of fair use is usually associated with the copyright laws. There is, however, also a doctrine of fair use under the trademark laws. There are two branches of trademark fair use. One is descriptive fair use, which is often referred to as classic fair use. The other is nominative fair use. In classic fair use, the defendant uses the plaintiff's trademark to describe its own product or service. Nominative fair use occurs when the defendant uses the plaintiff's trademark to describe the plaintiff's product or service, even though its ultimate goal is to describe its own product or service. This article will discuss descriptive or classic fair use. The doctrine of nominative fair use is worthy of another article."
Saturday, May 27, 2017
Episode 774: Unspeakable Trademark; NPR, Planet Money, May 26, 2017
[Podcast] Jacob Goldstein, Ailsa Chang, NPR, Planet Money;
"Warning: This episode has explicit language, for unavoidable and soon-to-be obvious reasons...
Today on the show, a fight over a band name that turns into a fight about free speech. It goes all the way to the Supreme Court."
Episode 774: Unspeakable Trademark
"Warning: This episode has explicit language, for unavoidable and soon-to-be obvious reasons...
Today on the show, a fight over a band name that turns into a fight about free speech. It goes all the way to the Supreme Court."
Hedwig Village man at center of international espionage investigation; ABC13, May 24, 2017
Miya Shay, ABC13;
"In reality, the allegations are wide ranging and shocking. Federal investigators say Shi, along with six others, tried to trade secrets from a business in the U.S. on behalf of a company in China that was engaged in manufacturing a high-performance, naval-grade product for military and civilian uses. Prosecutors allege Shi used his companies CMB-International Inc. and Deepoil.com as fronts to gather trade secrets and pay others."
Hedwig Village man at center of international espionage investigation
"In reality, the allegations are wide ranging and shocking. Federal investigators say Shi, along with six others, tried to trade secrets from a business in the U.S. on behalf of a company in China that was engaged in manufacturing a high-performance, naval-grade product for military and civilian uses. Prosecutors allege Shi used his companies CMB-International Inc. and Deepoil.com as fronts to gather trade secrets and pay others."
Jury Rules With School in Fight Over California Strawberries; Associated Press via New York Times, May 24, 2017
Associated Press via New York Times;
"A renowned strawberry researcher in California broke patent law and violated a loyalty pledge to his former university by taking his work with him to profit from it in a private company, a jury in San Francisco decided Wednesday.
Professor Douglas Shaw formed his own research firm with others after retiring from the University of California, Davis, where for years he had overseen the school's strawberry breeding program, developing a heartier and tastier fruit.
Jurors in the federal court decided that he used seeds developed at UC Davis without gaining the university's permission."
Jury Rules With School in Fight Over California Strawberries
"A renowned strawberry researcher in California broke patent law and violated a loyalty pledge to his former university by taking his work with him to profit from it in a private company, a jury in San Francisco decided Wednesday.
Professor Douglas Shaw formed his own research firm with others after retiring from the University of California, Davis, where for years he had overseen the school's strawberry breeding program, developing a heartier and tastier fruit.
Jurors in the federal court decided that he used seeds developed at UC Davis without gaining the university's permission."
Thursday, May 25, 2017
Patent decision bad for East Texas hospitality; Houston Chronicle, May 25, 2017
Chris Tomlinson, Houston Chronicle;
"Business travelers are the mainstay of the hospitality business and the U.S. Supreme Court just dealt a blow to East Texas hoteliers and restaurateurs.
The number of out-of-town attorneys and paralegals trekking to Tyler and Marshall will likely plummet now that the court has limited where patent trolls can use the judiciary to extort money from major corporations...
The patent-holders don't choose East Texas because they live there, nor are the defendant companies based in East Texas. The plaintiffs choose the district because the judges move through the cases quickly and the juries consistently rule against big companies.
The plaintiffs get away with it because the products with the intellectual property in question are sold in the district. So every month, dozens of attorneys and paralegals make the trip to East Texas to argue the cases they couldn't settle out of court.
But no more. Maybe."
Patent decision bad for East Texas hospitality
"Business travelers are the mainstay of the hospitality business and the U.S. Supreme Court just dealt a blow to East Texas hoteliers and restaurateurs.
The number of out-of-town attorneys and paralegals trekking to Tyler and Marshall will likely plummet now that the court has limited where patent trolls can use the judiciary to extort money from major corporations...
The patent-holders don't choose East Texas because they live there, nor are the defendant companies based in East Texas. The plaintiffs choose the district because the judges move through the cases quickly and the juries consistently rule against big companies.
The plaintiffs get away with it because the products with the intellectual property in question are sold in the district. So every month, dozens of attorneys and paralegals make the trip to East Texas to argue the cases they couldn't settle out of court.
But no more. Maybe."
SCORE: Trademark basics for small business owners; Traverse City Record-Eagle, May 21, 2017
Ed Ketterer, Traverse City Record-Eagle;
"To learn more about trademarks, visit the USPTO website (www.uspto.gov) where you’ll find detailed information and links to helpful resources. You’ll also want to attend SCORE’s free workshop “Intellectual Property 101: Trademarks, Copyrights, Patents and Internet Law” on Tuesday, June 13, 6:30 to 8 p.m. at the Traverse Area District Library Woodmere branch. To reserve your seat, visit www.upnorthscore.com"
SCORE: Trademark basics for small business owners
"To learn more about trademarks, visit the USPTO website (www.uspto.gov) where you’ll find detailed information and links to helpful resources. You’ll also want to attend SCORE’s free workshop “Intellectual Property 101: Trademarks, Copyrights, Patents and Internet Law” on Tuesday, June 13, 6:30 to 8 p.m. at the Traverse Area District Library Woodmere branch. To reserve your seat, visit www.upnorthscore.com"
Obama chief data scientist: Trumpcare health plan would ‘cripple’ precision medicine; FedScoop, May 24, 2017
Billy Mitchell, FedScoop; Obama chief data scientist: Trumpcare health plan would ‘cripple’ precision medicine
"DJ Patil, U.S. chief data scientist in the latter years of Barack Obama’s presidency, wrote on Medium that Trumpcare, as the AHCA is nicknamed, would threaten the country’s ability to leverage data to advance medical science, particularly in the fight against major diseases like cancer. The White House’s proposal would allow insurance companies to deny coverage or charge more when people have preexisting medical conditions. That provision could make people less willing to share important information about themselves with researchers, Patil says, because of fear it could be used against them later.
“[M]y deep fear is that people won’t be willing to donate their data. And there are too many people who have diseases that need us to donate our data to help,” Patil writes.
At the center of the Precision Medicine Initiative introduced under Obama is the “responsible collection of large amounts of data to be able to develop truly customized medical treatments for each patient,” Patil explains. The Trump legislation essentially threatens that project."
"DJ Patil, U.S. chief data scientist in the latter years of Barack Obama’s presidency, wrote on Medium that Trumpcare, as the AHCA is nicknamed, would threaten the country’s ability to leverage data to advance medical science, particularly in the fight against major diseases like cancer. The White House’s proposal would allow insurance companies to deny coverage or charge more when people have preexisting medical conditions. That provision could make people less willing to share important information about themselves with researchers, Patil says, because of fear it could be used against them later.
“[M]y deep fear is that people won’t be willing to donate their data. And there are too many people who have diseases that need us to donate our data to help,” Patil writes.
At the center of the Precision Medicine Initiative introduced under Obama is the “responsible collection of large amounts of data to be able to develop truly customized medical treatments for each patient,” Patil explains. The Trump legislation essentially threatens that project."
Wednesday, May 24, 2017
The Supreme Court’s big ruling on ‘patent trolls’ will rock businesses everywhere; Washington Post, May 23, 2017
Brian Fung, Washington Post; The Supreme Court’s big ruling on ‘patent trolls’ will rock businesses everywhere
"So what does the Supreme Court's ruling mean for this system?
"So what does the Supreme Court's ruling mean for this system?
It's a big deal, particularly for smaller companies. The court voted unanimously to say that patent lawsuits should be tried where the defending company is based, rather than in a court of the plaintiff's choosing.
Legal analysts say this decision could shift a huge number of cases away from “plaintiff-friendly” districts and toward more “neutral” venues where a defending company stands a better chance of fending off a suit.
“From here out,” according to Walter Olson, a senior fellow at the libertarian Cato Institute, “defendants can still be sued in a district such as E.D. Tex. if they have a regular and established place of business in it, but the decision is likely to shrink what I called in my January preview a ‘jackpot patent litigation sector.’ ”"
Supreme Court Ruling Could Hinder ‘Patent Trolls’; New York Times, May 22, 2017
Adam Liptak, New York Times;
Supreme Court Ruling Could Hinder ‘Patent Trolls’
"More than 40 percent of patent lawsuits, for instance, are filed in a federal court in East Texas.
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.
Monday’s decision was a victory for big technology companies and other patent holders, which have complained about what they called forum shopping in patent cases. Other companies have argued that it makes sense to let cases be considered by courts that have developed expertise in patent matters."
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