Intellectual Poverty

CEO of Danish CopyrightAlliance: “Control is Freedom!”

"Maria Fredenslund, the CEO of the Danish CopyrightAlliance, in a debate in which she argues for increased control of the Internet in the name of copyright, proclaims that 'control is freedom.' She lauds the 'highly controlled and regulated society we live in' and insists that 'control gives us freedom.' You see, 'Control and regulation creates innovation … and personal liberty.' She criticizes the Internet as being 'undemocratic' because there is not enough 'control' of it. And people say I am exaggerating when I use the term 'fascism' to describe IP." Continue reading →

Continue ReadingCEO of Danish CopyrightAlliance: “Control is Freedom!”

AT&T and T-Mobile embroiled in legal fight over the color magenta

"T-Mobile is suing AT&T for trademark infringement. To summarize a 20-page civil action suit: T-Mobile says Aio co-opted the color magenta. 'Out of all of the colors in the universe,' AT&T chose – not purple, not pink – magenta, as Aio’s company color, according to the complaint T-Mobile’s lawyers filed. 'AT&T’s subsidiary’s use of magenta to attract T-Mobile customers is likely to dilute T-Mobile’s famous magenta color trademark, and to create initial confusion as to the source or affiliation of AT&T’s subsidiary’s business,' the complaint continues." Continue reading →

Continue ReadingAT&T and T-Mobile embroiled in legal fight over the color magenta

ABA Attempts To Claim Copyright On Bank Routing Numbers

"It appears there's been a followup to our earlier story on the American Bankers Association claiming that bank routing numbers are covered by copyright, and threatening a website that had created a useful way to look up those routing numbers. The website, run by Greg Thatcher, was doing a public service, getting such info from the Federal Reserve's website, and making it much easier for people to find the numbers. Thatcher is now being represented, pro bono, by Andrew Delaney of Martin & Associates, and his response letter to Nigel Howard, the ABA's lawyer who sent the threat letter, is one of the most beautiful responses to a bogus threat letter you'll ever see." Continue reading →

Continue ReadingABA Attempts To Claim Copyright On Bank Routing Numbers

Larry Lessig Threatened With Bogus DMCA Notice; Decides To Fight Back

"As we've discussed, unfortunately, it's been almost impossible to win a 512(f) claim over a bogus DMCA takedown. The entertainment industry has fought hard to make sure that sending totally bogus DMCA notices that censor content are basically unpunishable, unless they can show a willful and intentional decision to ignore fair use and censor the content. Liberation doubled down even after being told that Lessig believed the video was fair use. On top of that, by filing the lawsuit himself, and seeking the declaratory judgment, instead of being sued first, it means that Liberation can't just dismiss the lawsuit (they're now the defendant, not the plaintiff)." Continue reading →

Continue ReadingLarry Lessig Threatened With Bogus DMCA Notice; Decides To Fight Back

GAO Study Confirms the Obvious: Bad Patents Lead to Trolls

"The study confirms what we already knew: low-quality, vague patents have led to an increased patent troll problem. Great. This is the same thing the Federal Trade Commission already reported in 2011, and little has improved; arguably, if anything, the situation has worsened. We now have reports from GAO, from the Congressional Research Service, and from the Federal Trade Commission highlighting the problem with software patents and patent trolls. We have unequivocal statements from the President and leading members of Congress that the AIA did not fix the problem. The time for reform is now. We should stop talking about it already and get something done." Continue reading →

Continue ReadingGAO Study Confirms the Obvious: Bad Patents Lead to Trolls

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