Pearls Before Swine; GoComics.com, 12/20/15

GoComics.com; Stephan Pastis, Pearls Before Swine: [Never Read the Terms and Conditions]

Everything You Know About Martin Shkreli Is Wrong—or Is It?; Vanity Fair, 1/31/16

Bethany Mclean, Vanity Fair; Everything You Know About Martin Shkreli Is Wrong—or Is It? :

"I don’t mean to be presumptuous, but I liken myself to the robber barons.” So says Martin Shkreli, the 32-year-old hedge-fund manager turned pharmaceutical-company C.E.O., who achieved instantaneous notoriety last fall when he acquired the U.S. rights to a lifesaving drug and promptly boosted its price over 5,000 percent, from $13.50 a tablet to $750. The tsunami of rage (the BBC asked if Shkreli was “the most hated man in America”) only got worse when Shkreli said he would lower the price—and then didn’t. An anonymous user on the Web site Reddit summed up the sentiment bluntly: “Just fucking die will you?”

“The attempt to public shame is interesting,” says Shkreli. “Because everything we’ve done is legal. [Standard Oil tycoon John D.] Rockefeller made no attempt to apologize as long as what he was doing was legal.” In fact, Shkreli says, he wishes he had raised the price higher. “My investors expect me to maximize profits,” he said in an interview in early December at the Forbes Healthcare Summit, after which Forbes contributor Dan Diamond summed up Shkreli as “fascinating, horrifying, and utterly compelling.”"

DC universes collide in epic final ‘Justice League: Crisis’ fan trailer; ComicBookResources.com, 12/18/15

Kevin Melrose, ComicBookResources.com; DC universes collide in epic final ‘Justice League: Crisis’ fan trailer:

"UltraSargent has debuted what’s described as the “final trailer” in the series that began in October, and it’s by far the longest and most ambitious yet. Using footage from DC Comics live-action adaptations dating back to Christopher Reeve-era Superman, the four-and-half-minute trailer offers a new take on Crisis on Infinite Earth, with Grant Gustin’s Flash at its center... As it stands, thought, Crisis draws from wide array of sources, from 1989’s Batman and 1990’s The Flash to Smallville and Supergirl. NBC’s short-lived Constantine even shows up."

Exceptions To Copyright To Remain On Agenda Of WIPO Copyright Committee; Intellectual Property Watch, 12/17/15

Catherine Saez, Intellectual Property Watch; Exceptions To Copyright To Remain On Agenda Of WIPO Copyright Committee:

"Copyright exceptions for libraries, archives, educational and research institutions and persons with disabilities other than visual impairment will remain on the agenda of the next session of the World Intellectual Property Organization copyright committee. The subject is touchy as developing countries deem those exceptions vital for development and developed countries say that the current global copyright framework leaves enough space for national exceptions to copyright.

The topic of exceptions and limitations to copyright in favour of libraries and archives has made more progress than the other topics on exceptions and limitations and last week, during the 31st session of the WIPO Standing Committee on Copyright and Related Rights (SCCR), delegates considered a chart, which had been prepared by the committee chair, Martin Moscoso of Peru.

The chart [pdf], according to the foreword by Moscoso, was “designed to serve as a useful tool to provide a structure to discuss the substance for each topic.”"

6 Men Admit to Running a Global $100M Software Piracy Ring; Wired.com, 12/17/15

Andy Greenberg, Wired.com; 6 Men Admit to Running a Global $100M Software Piracy Ring:

"On Thursday the Department of Justice announced that it’s reached plea agreements with all six individuals charged in a six-year massive fraud scheme, which prosecutors say sold more than 170,000 copies of Adobe and Microsoft programs including Windows, Office, Photoshop, and Creative Suite, complete with valid registration codes and even physical certificates of authenticity. The men, who were tracked by investigators at the Department of Homeland Security, offered those pirated copies of the software at a discount through sites including Amazon, Overstock, eBay, Craigslist, and in some cases their own individual websites. Five of the convicted men face up to five years in prison (the sixth faces just three years) and up to a quarter million dollars in restitution each.

“It appears to be one the biggest software piracy cases, if not the biggest, the department has ever handled,” US Attorney Tammy Dickinson told WIRED in a phone interview."

FAN TRAILER BRINGS "X-MEN: APOCALYPSE'S" GRAVITAS TO '90S CARTOON; ComicBookResources.com, 12/16/15

Brett White, ComicBookResources.com; FAN TRAILER BRINGS "X-MEN: APOCALYPSE'S" GRAVITAS TO '90S CARTOON:

"Thanks to the "X-Men" cartoon from the 1990s, Apocalypse was introduced to an entire generation of fans as an intimidating figure with a booming voice that stood in contrast to his purple armor and big blue lips. Surprisingly, a lot of the odd details of Apocalypse's design have made their way into the live action version of the character, who Oscar Isaac plays in 2016's "X-Men: Apocalypse." But for many fans, the definitive version of En Sabah Nur exists in the cartoon -- and now there's a trailer for those very fans.

YouTube user Phillysteak took the audio track from the first "X-Men: Apocalypse" trailer, which debuted last week, and paired it with scenes from the '90s "X-Men" cartoon."

Open Access and Academic Freedom; Inside Higher Ed, 12/15/15

Rick Anderson, Inside Higher Ed; Open Access and Academic Freedom:

"As they have gained momentum over the past decade, the open access (OA) movement and its cousin, the Creative Commons licensing platform, have together done a tremendous amount of good in the world of scholarship and education, by making high-quality, peer-reviewed publications widely available both for reading and for reuse.

But they have also raised some uncomfortable issues, most notably related to academic freedom, particularly when OA is made a requirement rather than an option and when the Creative Commons attribution license (CC BY) is treated as an essential component of OA.

In recent years, major American and European funding bodies such as the National Institutes of Health, the Wellcome Trust, the Gates Foundation, the Ford Foundation, and Research Councils UK have all instituted OA mandates of various types, requiring those whose research depends on their funding to make the resulting articles available on some kind of OA basis. A large number of institutions of higher education have adopted OA policies as well, though most of these (especially in the United States) only encourage their faculty to make their work openly accessible rather than requiring them to do so."

The 4 worst patents of 2015; Washington Post, 12/14/15

Larry Downes, Washington Post; The 4 worst patents of 2015:

"This was another depressing year for patent law, which long ago lost sight of its constitutional moorings as a balanced and limited source of incentives for innovators. Though Congress, the courts and the Patent and Trademark Office each tried in their own way to rein in a system widely-regarded as out of control, in the end nobody made much progress...

The polite name for such companies is “non-practicing entities,” but most of us know them as patent trolls. And according to the Consumer Technology Association, these parasites have drained over $150 billion from the U.S. economy since 2013, at a pace that is accelerating.

Beyond the trolls, there’s a more fundamental problem. The mismatch between expanding patent coverage and the quickening pace of disruptive change has become one of the greatest sources of danger to the innovation economy.

That’s especially true of patents granted for basic software and abstract business methods — categories that have only recently been recognized in the first place."

‘Star Wars: The Force Awakens’ lines up trademarks for ‘Star Wars’ mayonnaise, wind chimes, baby blankets and pretty much everything else; New York Daily News, 12/17/15

Gersh Kuntzman and Dziemianowicz, New York Daily News; ‘Star Wars: The Force Awakens’ lines up trademarks for ‘Star Wars’ mayonnaise, wind chimes, baby blankets and pretty much everything else:

"The new sci-fi epic opens on Friday — but “Star Wars” corn chips, diaper bags, marshmallows, cork screws, dry erase writing boards and a host of other mundane products may be hitting stores soon after.

And you can thank the moviemakers’ legion of lawyers, which has been hard at work for months locking down trademarks on pretty much everything in the film that moves...

“They need to be aggressive about protecting the franchise’s new characters right out of the gate,” says New York lawyer Kenneth Falcon (no relation to Millennium), who focuses on copyright and trademark litigation. “People will try to rip off the ‘Star Wars’ brand forever because it’s so lucrative.”

The company began securing the rights to all products back in 2014, Patent and Trademark Office documents show. Some other trademarks were sought earlier this year, as plotlines and characters were being finalized."

Heirs of Abbott and Costello Lose Copyright Claim Over ‘Who’s on First’; Associated Press via New York Times, 12/17/15

Associated Press via New York Times; Heirs of Abbott and Costello Lose Copyright Claim Over ‘Who’s on First’ :

"A federal judge ruled on Thursday that Abbott and Costello’s heirs had failed to get past first base with copyright claims against the producers of the Broadway play “Hand to God,” in which a character uses a sock puppet to perform part of the comedians’ “Who’s on First” routine...

Judge George Daniels of United States District Court in Manhattan tossed out the lawsuit on Thursday, saying the play transformed the original routine enough that it did not violate copyrights."

Jeff Koons sued for appropriating 1980s gin ad in art work sold for millions; Guardian, 12/15/15

Guardian; Jeff Koons sued for appropriating 1980s gin ad in art work sold for millions:

"Jeff Koons, a US pop artist whose works can fetch millions, is facing allegations he used a New York photographer’s commercial photo from the 1980s in a painting without permission or compensation, according to a lawsuit filed Monday.

The photographer, Mitchel Gray, said in the complaint filed in Manhattan federal court that Koons reproduced his photo, which depicts a man sitting beside a woman painting on a beach with an easel, “nearly unchanged and in its entirety”.

Gray is also suing New York-based auction house Phillips Auctioneers and an as-yet-unnamed former owner of the Koons print, which sold for $2.04m in London in 2008...

There is a three-year statute of limitations on copyright actions, but “the clock doesn’t start ticking until the plaintiff learns of the infringement”, his lawyer, Jordan Fletcher, of the law firm Kushnirsky Gerber, said in an interview."

Samsung’s Patent Loss to Apple Is Appealed to Supreme Court; New York Times, 12/14/15

Steve Lohr, New York Times; Samsung’s Patent Loss to Apple Is Appealed to Supreme Court:

"The case, if heard, could have far-reaching implications for design patents, which cover how a product looks, and the sort of financial penalties allowed under the law. Design patents are far less common than utility patents, which cover how a product functions.

The legal framework for design patents, according to Samsung, some other major technology companies and legal experts, is largely shaped by a 19th-century law intended to protect the designs of carpets, fireplace grates and ornamental spoons.

Back then, the design was the heart of such products, so seizing most or all of the gains of a copycat — known as the “total profit rule” — was justified. But today, a complex product like a modern smartphone is a dense bundle of intellectual property with more than 100,000 patents conceivably laying claim to some small aspect of the phone...

Beyond this case, design patents will probably get more legal attention in the future, said David J. Kappos, a partner at Cravath, Swaine & Moore. As high-tech products become increasingly complex, the skill that yields a competitive advantage is making products easy to use. “And usability comes down to design,” said Mr. Kappos, a former director of the United States Patent and Trademark Office."

Congressman troubled by Taylor Swift's attempt to copyright '1989'; CNN, 12/14/15

Deena Zaru, CNN; Congressman troubled by Taylor Swift's attempt to copyright '1989' :

"Rep. Justin Amash and pop star Taylor Swift may not quite have bad blood just yet, but efforts by the musician to trademark certain common words, phrases and dates might have him seeing red.

The Michigan Republican's sour note followed reports that Taylor Swift's rights-management company has filed for trademark requests on use of -- among other words -- the number "1989," which is the year of her birth and the name of her fifth studio release."

Pitt among medical research groups cited for failure to report findings; Pittsburgh Post-Gazette, 12/15/15

Kris B. Mamula, Pittsburgh Post-Gazette; Pitt among medical research groups cited for failure to report findings:

"The University of Pittsburgh was among top research institutions that did not report clinical research findings to a public government database, violating a federal law that was intended to advance medicine and help doctors and patients make treatment decisions.

Pitt along with drugmakers, hospitals, federal agencies and other universities nationwide failed to report results of trials involving human volunteers to a public database operated by the federal government, according to Stat News, a Boston-based startup media outlet that is affiliated with the Boston Globe newspaper. Federal law requires these findings to be submitted to clinicaltrials.gov, a website operated by the National Library of Medicine at the National Institutes of Health in Bethesda, Md...

“These laws get put on the books, but no one is there to enforce them,” he said. “The level of enforcement is extremely poor.”"

Taylor Swift makes 'Swiftmas' trademark bid; BBC News, 12/11/15

BBC News; Taylor Swift makes 'Swiftmas' trademark bid:

"Taylor Swift is seeking to trademark the word "Swiftmas" and "1989", the name of her album, in the US.

It is the 25-year-old's latest attempt to stop others from using phrases associated with her on merchandise.

"Swiftmas" is the word the singer's fans use to describe the random acts of kindness she makes, such as giving them unexpected presents.

Earlier this year Swift applied to trademark some of her song lyrics such as "this sick beat".

The pop star submitted her requests to the US Patent and Trademark Office on 3 December."

Germany, Italy Leading Resistance To EU Ratification Of Marrakesh Treaty, Blind Union Says; Intellectual Property Watch, 12/10/15

Intellectual Property Watch; Germany, Italy Leading Resistance To EU Ratification Of Marrakesh Treaty, Blind Union Says:

"The World Intellectual Property Organization Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled was adopted on 27 June 2013. In a press release today, the European Blind Union (EBU) said “while a range of countries such as India, Mexico, El Salvador, Argentina, Paraguay, Mali and others have already ratified the Marrakesh Treaty, the EU and its members are still failing in doing so.”...

According to the release, 21 EU member states have expressed their consent for a proposed compromise, while seven members “led by Germany and Italy,” have rejected the compromise and “are forming a blocking minority which stalemates the ongoing ratification negotiations.”...

This week, WIPO’s Standing Committee on Copyright and Related Rights (SCCR), which negotiated the Marrakesh Treaty, is meeting for discussions on further exceptions and limitations to copyright, this time for the benefit of libraries, archives, research and educational institutions, and people with other disabilities than visual impairment (IPW, WIPO, 7 December 2015)."

Intellectual Property: The Secret Sauce Of Great Products; Forbes, 12/7/15

David Pridham, Forbes; Intellectual Property: The Secret Sauce Of Great Products:

"Intellectual property (IP) is much in the news of late. But unfortunately, the coverage is mostly about patent litigation and patent reform.

Lost in all this reportage is the positive and powerful role IP plays outside of the courtroom — in the daily operations of the enterprise. Here, largely unnoticed, IP serves as one of the key drivers of business success in today’s Knowledge Economy.

Take corporate revenues. These are often heavily dependent upon intellectual property — margins and market share are buttressed by brands, trademarks and patents, after all — but this fact is largely unreported by the media. Similarly, IP and other intangible assets, while compromising up to 80% of the market value of public companies today, are rarely reflected on corporate balance sheets, thanks to a 600-year-old accounting system designed for a bygone era in which tangible assets like plant, equipment, and raw materials were the chief sources of wealth.

It’s no surprise, then, that some people call IP “the secret sauce of corporate value creation.”

I’ll be revealing many of IP’s secrets with this new “IP at Work” column you’re reading — the first-ever regular column in a mainstream business publication that focuses on the ways that intellectual property can be deployed inside the enterprise to enhance corporate performance."

A misguided attempt to “defend trade secrets”; Washington Post, 12/2/15

David Post, Washington Post; A misguided attempt to “defend trade secrets” :

"Along with 41 colleagues, I recently joined a letter submitted to the Committee opposing DTSA in which we tried to point out some of the ways in which putting this weapon in the hands of trade secret owners is likely to backfire, becoming a “strategic weapon” that will be used mostly for anti-competitive purposes that have nothing to do with preventing “cyber-espionage.” [A more detailed critique of the ex parte seizure provisions can be found in this article by Eric Goldman, one of the authors of the law professors’ letter]

It is often difficult, when considering intellectual property law, to see the downside of proposals meant to strengthen legal protection (while relatively easy to see the upside). Trade secret law has profound effects on employee mobility; the vast majority of trade secret litigation in this country involves employees moving from one company to another (and allegedly taking their former employer’s trade secrets with them). The DTSA will have little or no effect on Chinese government agents, but it is likely to have a deeper and much more lasting effect on the health of the labor market in this country, and not for the better."

The Defend Trade Secrets Act: IP legislation ready to move forward now; The Hill, 12/2/15

David J. Kappos, The Hill; The Defend Trade Secrets Act: IP legislation ready to move forward now:

"The Defend Trade Secrets Act of 2015 (DTSA), for which identical bills were proposed with bipartisan support in both the House and Senate on July 29, 2015, would significantly improve federal protections to curb trade secret theft and thus secure the value of trade secrets. In our modern knowledge economy where (no surprise) knowledge is a source of immense value, American companies are finding themselves the victims of trade secret theft at an alarming rate. Unscrupulous business practices free-riding off of the investment of innovative competitors is hardly a recent phenomenon. But the impact of mass digitization has enabled theft on an unprecedented scale. A 2013 U.S. Chamber of Commerce study estimated the cost of cybercrime to the United States was upward of $120 billion; a 2014 PricewaterhouseCoopers/CREATe.org report estimated that theft of trade secrecy amounts to 1-3 percent of U.S. GDP."