Monthly Archives: September 2013

Copyright Lawyers vs Patent Lawyers Smackdown: And The Winner Is…

"You may remember a rather wonderful court case from 2012 that pitted copyright lawyers against patent lawyers over the issue of whether submitting journal articles as part of the patenting process was fair use. Well, we now have the judge's decision. US Magistrate Judge Jeffrey Keyes sided with the patent lawyers, ruling that the reason they made unlicensed copies of the articles was to comply with the law for submitting applications to the patent office -- and not to compete within the market for scientific journals. The USPTO had already thrown its weight behind the idea that copies of scientific articles submitted as part of the patent application were indeed fair use." Continue reading →

Continue ReadingCopyright Lawyers vs Patent Lawyers Smackdown: And The Winner Is…

Interview with British ‘straight pride’ group removed by copyright takedown notice

"WordPress has removed an interview with the 'homophobic' campaign Straight Pride UK after the group used US copyright law to issue a takedown notice. In an interview posted on his WordPress blog, student Oliver Hotham published an interview with the group, in which they stated that they 'admire President Vladimir Putin of Russia for his stance and support of his country’s traditional values'. Hotham did not take down the post, and WordPress then proceeded with a DMCA takedown notice on 3 August. The DMCA contains a provision mandating any company to instantly remove material if they are informed it breaches copyright." Continue reading →

Continue ReadingInterview with British ‘straight pride’ group removed by copyright takedown notice

Patent “Trolls” are Bad. Patents are Worse.

"As bad as patent trolls are — according to Kinsella they cost the US economy somewhere around $500 billion — legitimate patent holders, companies like Monsanto and Apple, can be — and often are — worse. Speaking of Apple, imagine a scenario where the company going after Adam Carolla and the rest of the podcasting world wasn’t some tiny dot-com-era relic in Texas, but the multi-billion dollar corporation from Cupertino, Calif. In this hypothetical situation, who would have the money or power to fight against Apple? How could a DIY podcast held together with string and some spit defend against Apple if it held the 'podcasting patent' and wanted money for its license?" Continue reading →

Continue ReadingPatent “Trolls” are Bad. Patents are Worse.

Caller ID inventor struggles to collect royalties despite owning patent

"Fifteen years after he patented caller ID technology, Brazilian inventor Nelio Jose Nicolai is no millionaire. Quite the opposite: out of work since 1984, the co-inventor of the ubiquitous tool is still fighting to collect royalties. In 1996, the inventor received an award from the World Intellectual Property Organization and a year later — after a five-year wait — he finally secured a patent in his homeland. He then approached domestic mobile phone operators to claim his rights to royalties — and ran into a wall. Over the years, BIMA was modified and named caller ID. But, despite repeated efforts, Nicolai was unable to secure the rights to the new name, causing him to lose out on millions of dollars." Continue reading →

Continue ReadingCaller ID inventor struggles to collect royalties despite owning patent

U.S. film and music industries roll out new anti-piracy program

"The steps announced by the big Internet firms include pop-ups, which force users to acknowledge warnings, and mechanisms to slow a user’s access to near-dialup speeds. Some critics say that redirecting users is equivalent to a 'browser hijack'. 'It’s an elaborate surveillance system,' said Corynne McSherry at the Electronic Frontier Foundation, a digital rights group. 'There will be innocent people caught up in this system, it’s inevitable.' Internet subscribers 'face consequences based on nothing more than an accusation,' McSherry said. Participating in the program are Comcast, Time Warner Cable, AT&T, Cablevision and Verizon — covering some 85 per cent of US residential customers." Continue reading →

Continue ReadingU.S. film and music industries roll out new anti-piracy program

Washington Appeals Court Bans Advisory Votes On Traffic Cameras

"Washington state's second highest court supports red light cameras and speed cameras to such a degree that it ruled on Monday that voters are not even entitled to a non-binding ballot question to see whether the public supports a city's policy. The ruling took a step further than a decision handed down last week allowing a city clerk to reject a valid petition, despite a state law mandating it be processed (view decision). The court ruled the very subject matter of photo ticketing is off-limits." Continue reading →

Continue ReadingWashington Appeals Court Bans Advisory Votes On Traffic Cameras

Cellphone unlocking is the first step toward post-SOPA copyright reform

"Dear Congress, Please remove these items from your DMCA contraband list (both for developing the technology, selling and using the technology): Technology for unlocking and jail-breaking (currently allowed for iPhone, not allowed for iPad); Adaptability technology for the blind to have e-books aloud (currently subject to triennial review by the Librarian of Congress – it’s legal to use the technology but illegal to develop or sell); Technology to back-up our own DVD’s and Blu-Ray discs for personal use (current law makes this illegal and injunctions have even been used to shut down websites discussing this technology). Signed, The people." Continue reading →

Continue ReadingCellphone unlocking is the first step toward post-SOPA copyright reform

Deadly Contradictions: Patent Privilege vs. “Saving Lives”

"Entrenching patent monopolies contradicts Obama’s stated goals of 'saving the world’s children from preventable deaths' and 'realizing the promise of an AIDS-free generation.' This contradiction between the TPP and the U.S. government’s stated commitment to public health has been apparent for a while. Back in 2011, Doctors Without Borders executive director Sophie DeLaunay said that the TPP would create 'a fundamental contradiction between U.S. trade policy and U.S. commitments to global health.' Contradictions like this are nothing new for the state." Continue reading →

Continue ReadingDeadly Contradictions: Patent Privilege vs. “Saving Lives”

Former White House ‘intellectual property czar’ jumps to anti-piracy lobby BSA

"Just weeks after leaving the White House, Victoria Espinel will take over as the head of the Business Software Alliance, a group with a shameful past of overaggressive anti-piracy and pro-software patent positions, driven in large part by legacy software companies long past their innovation stage, and well into their 'litigation' against innovators stage. The organization tends to take its orders mainly from Microsoft and Autodesk, two proponents of very strong copyright and patent enforcement, because it helps those legacy companies ward off competitors and disruptive innovators." Continue reading →

Continue ReadingFormer White House ‘intellectual property czar’ jumps to anti-piracy lobby BSA

Watch out, startup communities: The Congressmen are coming

"The tech industry and startup world are only just waking up to the need to maintain an ongoing dialogue with Congress, while the political class is starting to realize that innovation and entrepreneurship are vital pieces in the nation’s economic puzzle. In the weeks ahead, however, the gap between the two worlds will shrink just a little as Congressmen fan out across the country to visit startup communities in their home districts. Starting today and proceeding throughout September, 44 members of Congress will be meeting with startups in their home districts from Tennessee to Ohio as part of Startup Day Across America." Continue reading →

Continue ReadingWatch out, startup communities: The Congressmen are coming