Intellectual Property (conceptual)
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95 Articles and Resources. Go to: [Next 45]
Date Fairness.com Resource Read it at: Apr 07, 2013 The Slow Death of the American Author
QUOTE: The value of copyrights is being quickly depreciated, a crisis that hits hardest not best-selling authors like me, who have benefited from most of the recent changes in bookselling, but new and so-called midlist writers....Many people would say such changes are simply in the nature of markets, and see no problem if authors are left to write purely for the love of the game. But what sort of society would that be?
New York Times Dec 28, 2012 Creativity Springs From Careful Copying (Part 2)
QUOTE: Record companies, book publishers, movie studios and other media corporations are caught up in efforts to equate all copying of their works with theft. In fact, if we genuinely want to promote creativity, we must encourage copying. The idea that people copy because they lack creativity is powerfully harmful, and it runs counter to the history of copyright.
Bloomberg News Dec 25, 2012 On Web, 'Time Has Come' for '60s singer
QUOTE: decades later, what does Lester Chambers have to show for "Time Has Come Today"?....It's a story of bad contracts -- and record company executives refusing to even honor those, he said. The contract for "Time Has Come Today" promised a small percentage of sales, but the record company kept finding expenses that came out of the band's share before they saw any of it.
CNN (Cable News Network) Nov 08, 2012 Popular Wrench Fights a Chinese Rival
QUOTE: “Our situation is an example of why we’re not getting jobs out of innovation,” he said. “When people get the innovation, they go right offshore. What happened to me is what happened to so many people so many times, and we just don’t talk about it.”
New York Times Aug 16, 2012 Private justice: How Hollywood money put a Brit behind bars: Industry-funded prosecution leads to 4-year sentence for SurfTheChannel owner.
QUOTE: Organizations like the MPAA, RIAA, IFPA, and FACT have long lobbied law enforcement officials to prosecute "rogue sites" and have provided them with information and logistical support to do so. But public prosecutors generally have the final say on who will be indicted. In the Vickerman case, the public prosecutors concluded that there wasn't enough evidence to merit prosecution. FACT disagreed and invoked what one lawyer told us is an "archaic right" for a private organization to bring criminal prosecutions against other private parties.
Ars Technica Apr 28, 2012 How Apple Sidesteps Billions in Taxes
QUOTE: The growing digital economy presents a conundrum for lawmakers overseeing corporate taxation: although technology is now one of the nation’s largest and most valued industries, many tech companies are among the least taxed, according to government and corporate data. Over the last two years, the 71 technology companies in the Standard & Poor’s 500-stock index — including Apple, Google, Yahoo and Dell — reported paying worldwide cash taxes at a rate that, on average, was a third less than other S.& P. companies’.
New York Times Mar 14, 2012 Domain seizures for copyright infringement likely to go global
QUOTE: Efforts to take down websites for copyright infringement are likely to move beyond U.S.-based registries, with ICANN (the Internet Corporation for Assigned Names and Numbers) promising to more closely cooperate with global law enforcement agencies and governments.
Computerworld Feb 09, 2012 Texas Jury Strikes Down Patent Troll’s Claim to Own the Interactive Web
QUOTE: The chief issue in the case was whether the first computer program that allowed access to an “interactive web” was created by the little-known Chicago biologist Doyle, who runs Eolas out of Chicago. Or was it one of the web pioneers put on the stand by the defendant companies — such as Pei-Yuan Wei and his Viola browser, or Dave Raggett and his embed tag?
Wired Feb 08, 2012 Business Owners Adjusting to Overhaul of Patent System
QUOTE: The most sweeping patent system changes in more than 50 years became law in September with enactment of the America Invents Act, which the White House has said will help turn inventions into businesses faster. Entrepreneurs and small-business owners who rely on the patent system to protect their intellectual property are just starting to understand the changes, which phase in over an 18-month period that ends in March 2013.
New York Times Jan 20, 2012 iBooks Author: You Work For Apple Now
QUOTE: Up until now, Apple has kept creative tools divorced from the means of distribution. You can choose how to sell the things you made with iWork, iWeb, Xcode, TextEdit, or any app the company has ever written, free or not. Apple has always made a distinction between enabling the creative process and selling the product of that process. Apple's iBooks Author erases that distinction.
PC Magazine Dec 25, 2011 A Dispute Over Who Owns a Twitter Account Goes to Court
QUOTE: Can a company cash in on, and claim ownership of, an employee’s social media account, and if so, what does that mean for workers who are increasingly posting to Twitter, Facebook and Google Plus during work hours? A lawsuit filed in July could provide some answers.
New York Times Dec 08, 2011 Breaking News: Feds Falsely Censor Popular Blog For Over A Year, Deny All Due Process, Hide All Details...
QUOTE: The US government has effectively admitted that it totally screwed up and falsely seized & censored a non-infringing domain of a popular blog, having falsely claimed that it was taking part in criminal copyright infringement. Then, after trying to hide behind a totally secretive court process with absolutely no due process whatsoever...
Techdirt Nov 13, 2011 Disruptions: The 3-D Printing Free-for-All
QUOTE: People can download plans for an object, hit print, and a few minutes later have it in their hands. Call it the Industrial Revolution 2.0. Not only will it change the nature of manufacturing, but it will further challenge our concept of ownership and copyright.
New York Times Sep 08, 2011 Fighting Backlog in Patents, Senate Approves Overhaul
QUOTE: The Senate approved a sweeping reform of the nation’s patent laws on Thursday, sending to President Obama a bill that changes the system for determining priority for inventions at the patent office and provides more financing for an agency beset by application backlogs and outdated computer systems. After rejecting proposed amendments to a bill approved by the House last June, the Senate voted 89 to 9 to pass the bill, completing an effort of at least six years to overhaul the patent office’s operations and the procedures by which patents can be challenged.
New York Times Sep 03, 2011 O.K., Downloaders, Let’s Try This Song Again
QUOTE: Qtrax’s ambitions may seem quixotic, but it does offer something distinct in the current market: free and legal music downloa
New York Times Aug 28, 2011 Legislator Calls for Clarifying Copyright Law
QUOTE: When copyright law was revised in 1976, recording artists and songwriters were granted “termination rights,” which enable them to regain control of their work after 35 years. But with musicians and songwriters now moving to assert that control, the provision threatens to leave the four major record companies, which have made billions of dollars from such recordings and songs, out in the cold. As a result the major record labels — Universal, Sony, EMI and Warner — are now fighting the efforts of recording artists and songwriters to invoke those rights.
New York Times Jul 15, 2011 Designers Revisit Copyright Protection
QUOTE: Now five years into a campaign by the Council of Fashion Designers of America to enact some sort of protection for original designs, the proponents of such legislation say they have their best chance yet at seeing a bill become law. But it is a far cry from what they proposed in an earlier bill that was deemed too broad.
New York Times Jul 15, 2011 App developers withdraw from US as patent fears reach 'tipping point'
QUOTE: App developers are withdrawing their products for sale from the US versions of Apple's App Store and Google's Android Market for fear of being sued by companies which own software patents - just as a Mumbai-based company has made a wide-ranging claim against Microsoft, Apple, Google, Yahoo and a number of other companies over Twitter-style feeds, for which it claims it has applied for a patent.
Guardian Unlimited Jul 02, 2011 Stolen Code Is Linked to Program for Chess
QUOTE: Players who use computers to cheat are a growing concern in the chess world. Now the developer of Rybka, the winner of the last four World Computer Chess Championships, has been accused of plagiarizing code to create the program.
New York Times Jun 29, 2011 Tom Petty wants Michele Bachmann to quit using his song. Can he make her?
QUOTE: Like thousands of other songs, "American Girl" is distributed by the American Society of Composers, Authors, and Publishers, meaning that any entity that is licensed with ASCAP can play a song without getting the artist's explicit permission.
Slate Jun 11, 2011 You Bring an Idea, and They’ll Do the Rest
QUOTE: risk-averse people have eureka moments, too, he says. And that’s Edison Nation’s sweet spot....company splits all revenue with its inventors. “There’s no hold-back. If a dollar comes in, 50 cents goes to the inventor, 50 cents to us. It’s a transparent process.”
New York Times May 20, 2011 On Tyson’s Face, It’s Art. On Film, a Legal Issue.
QUOTE: In “The Hangover Part II,” the sequel to the very successful what-happened-last-night comedy, the character played by Ed Helms wakes up with a permanent tattoo bracketing his left eye. The Maori-inspired design is instantly recognizable as the one sported by the boxer Mike Tyson...But S. Victor Whitmill, a tattoo artist formerly of Las Vegas and currently from rural Missouri, doesn’t quite see the humor. Mr. Whitmill designed the tattoo for Mr. Tyson, called it “tribal tattoo,” and claims it as a copyrighted work.
New York Times May 12, 2011 Why gadget makers wield a 'kill switch'
QUOTE: When you buy a video game from Best Buy, you don't give the retailer the right to barge into your house whenever it wants. So why do we give that permission to software companies? Most popular smartphone operating systems and other electronic gadgets include what security researchers refer to as a kill switch. This capability enables the company that makes the operating software to send a command over the Web or wireless networks that alters or removes certain applications from devices.
CNN (Cable News Network) Apr 19, 2011 'Happy Days' actors claim fraud, money owed for merchandising
QUOTE: "There's a huge juxtaposition for 'Happy Days' to represent the coldness of big business, the wrongdoing of big business and the greed of big business," Williams said. "And the idea that they don't have to abide by contracts, and they can get away with anything as long as they are not caught. And they picked the wrong show."
CNN (Cable News Network) Mar 28, 2011 IP is for Intellectual Property (and also for Invading Privacy)
QUOTE: As industry lobby groups continue to encourage the tightening of “intellectual property” laws, we find a troubling trend developing: governmental policy toward enforcement is sacrificing privacy on the altar of copyright.
TechRepublic Mar 27, 2011 The New Grave Robbers
QUOTE: This so-called descendible right of publicity has created a new kind of business: corporations that acquire and market dead people... Congress should step in and enact a federal right of publicity. In doing so, it should establish clear First Amendment protections and set forth a relatively short term for the right of publicity to survive death (perhaps 10 years). Most important, the law should provide a mechanism that allows people to opt out of marketing their identities after death.
New York Times Mar 22, 2011 Judge Rejects Google’s Deal to Digitize Books
QUOTE: But citing copyright, antitrust and other concerns, Judge Denny Chin said that the settlement went too far. He said it would have granted Google a “de facto monopoly” and the right to profit from books without the permission of copyright owner... They also said no other company would be able to build a comparable library, leaving Google free to charge high prices for its collection.
New York Times Jan 15, 2011 Can Your Camera Phone Turn You Into a Pirate?
QUOTE: As the technology in cellphones advances, higher-resolution cameras, image-enhancing software and high-clarity screens make it delightfully easy to capture a photograph and view it later. There may not be Web sites devoted to purloined pictures — there are such sites for music or videos — but many people have a cavalier attitude toward using cameras to obtain copyrighted material.
New York Times Dec 03, 2010 Lessons Learned in Auditioning for Job
QUOTE: many job seekers today who are often asked to spend hours to produce examples of their work as part of the job hunting process. Most times, they do the work. Sometimes they hear nothing back — and occasionally, they see their creations used without payment or permission.
New York Times Jul 04, 2010 Adrian Johns's "Piracy: The Intellectual Property Wars From Gutenberg to Gates"
QUOTE: In his invaluable book "Piracy," Adrian Jones argues that the tendency of intellectual property battles to undermine privacy is not new. On the contrary, Johns, a history professor at the University of Chicago, argues that ever since the medieval and Enlightenment eras, corporations have tried to defend their economic interests by searching for intellectual piracy in the private sphere of people's homes.
Washington Post Jun 09, 2010 Las Vegas Review-Journal bares its claws: The newspaper has filed lawsuits against more than 30 websites and blogs it says used its works without permission. So what is fair use? (On the Media)
QUOTE: Newspaper people believe their cash-starved profession might be saved if only they could corral and get paid for all the content they create. Internet people believe the Web is a giant free-form party that boundaries and rules just might kill.
Los Angeles Times May 28, 2010 Google's WebM license could undermine the meaning of 'open source': Google's adoption of non-OSI-approved license could create a raft of problems for open source users
QUOTE: For better or worse, an OSI-approved license has become the de facto requirement for vendors calling themselves or their products "open source." When Google, one of the largest supporters of open source, goes out and purposefully circumvents the OSI, what signal does this send to other vendors?
InfoWorld May 09, 2010 Lebanon claims latest title in 'Hummus War'
QUOTE: Yet, in spite of their shared appreciation, the origin of [hummus] is a source of heated debate with the Lebanese claiming ownership and Israelis denying that they have exclusive rights to the name.
CNN (Cable News Network) May 09, 2010 Lyrics Sites at Center of Fight Over Royalties
QUOTE: For songwriters and their publishers, though, the ubiquity of lyrics on Web sites presents both opportunities and problems — especially when it comes to getting some of the sites to pay royalties for use of the lyrics.
New York Times Apr 25, 2010 Random House Cedes Some Digital Rights to Styron Heirs
QUOTE: After publicly staking a claim to the right to publish electronic versions of books that already have a long history in print, Random House appears to be letting go of digital rights to several works by one prominent author without a fight, potentially opening the way for other authors to take their e-books away from traditional publishers.
New York Times Mar 19, 2010 A Supersized Custody Battle Over Marvel Superheroes
QUOTE: conflict between intellectual property lawyers and media companies that, in Mr. Toberoff’s view, have made themselves vulnerable by building franchises atop old creations. So-called branded entertainment — anything based on superheroes, comic strips, TV cartoons or classic toys — may be easier to sell to audiences, but the intellectual property may also ultimately belong in full or in part to others.
New York Times Feb 24, 2010 Microsoft Takes Down Whistleblower Site, Read the Secret Doc Here
QUOTE: Microsoft has managed to do what a roomful of secretive, three-letter government agencies have wanted to do for years: get the whistleblowing, government-document sharing site Cryptome shut down. Microsoft dropped a DMCA notice alleging copyright infringement on Cryptome’s proprietor John Young on Tuesday after he posted a Microsoft surveillance compliance document that the company gives to law enforcement agents seeking information on Microsoft users.
Wired May 18, 2009 City Room: American Apparel Settles Lawsuit With Woody Allen
QUOTE: Mr. Allen’s lawyers had asserted that the ads violated his longstanding policy of not making commercial endorsements, and damaged his reputation. Mr. Charney’s lawyers had maintained that the use of Mr. Allen’s image in a satirical or social context was protected under the First Amendment of the Constitution.
New York Times Dec 09, 2008 The $2 million penalty clause: One more outrageous EULA attempts to own your code and fine you $2 million
QUOTE: "For a completely over-the-top EULA, check out the one required to download an evaluation copy of School CheckIN (found at www.schoolcheckin.com)," says Tom. "By my reading, if one downloads the evaluation copy and subsequently decides to write up one's own in-house database to monitor student and visitor check in and checkout, you are required to turn over not only all your work, IP rights, code, etc., but to pay them $2 MILLION dollars!..."
InfoWorld Jun 03, 2008 High court rejects fantasy baseball challenge
QUOTE: A company that offers fantasy baseball games on the Internet has won its battle to use the names and performance statistics of Major League Baseball players without permission and without paying licensing fees.
Christian Science Monitor May 13, 2008 When Literary and Prosecutorial License Collide
QUOTE: Prosecutors who draw on their professional experiences to write novels and assist screenwriters can breathe a little easier after a pair of rulings issued on Monday by the California Supreme Court. One decision reversed an appeals court ruling disqualifying a prosecutor who had provided filmmakers with his files in a pending case. The other reversed a similar ruling against a prosecutor who had written a novel whose plot bore similarities to a second pending case.
New York Times Apr 08, 2008 Media giants start whisper campaign to kill Fair Use
QUOTE: The big media companies are trying to convince the world's governments that the USA's statutory exceptions to copyright (embodied in Fair Use) are so broad that they violate the centuries-old Berne Convention, a widely adopted copyright treaty.
Boing Boing Feb 25, 2008 Is Microsoft turning over a new leaf? This time, the company's talk of increased openness has some substance behind it, with APIs for the latest versions of popular apps for the first time
QUOTE: When Microsoft announced on Thursday that it was changing its business practices to be more open — specifically to release documentation on its APIs and protocols — many people reacted with disbelief....Yet in this case Microsoft’s commitment may be genuine.
InfoWorld Feb 25, 2008 Pirates of the Third Screen: Why treating customer marketers like thieves could turn them into an angry mob
QUOTE: Last month's online scrap between Scrabble trademark owners Hasbro and Mattel, and the makers of Scrabulous, an unauthorized online version of Scrabble, has some implications for the future of mobile marketing. As far as Hasbro and Mattel were concerned, Scrabulous was a simple case of piracy. But what they saw as a threat should have been a triple-word score. Someone else had created a digital version of Scrabble, and amassed 2.3 million people who played it every day. It was an amazing user-generated ad campaign. All Hasbro and Mattel had to do was swoop in with their checkbooks and make it legit. Instead, they fired their self-proclaimed agency, an army of passionate Scrabble fans.
AdWeek Feb 09, 2008 A Tight Grip Can Choke Creativity
QUOTE: [Rowling] is essentially claiming that....no one else can use [her characters] without her permission....copyright holders have tried to impose rules on the rest of us — through threats and litigation — that were never intended to be part of copyright law...
New York Times Feb 01, 2008 Sweden Accuses 4 of Copyright Offenses
QUOTE: ...authorities say that [the Pirate Bay Web site] helps others violate copyright laws by linking providers of pirated songs and films with people searching for the material. The site has become the focus of the entertainment industry’s fight against the unauthorized digital copying of films, games and music.
New York Times Jan 07, 2008 As PTA Groups Move Online, So Does Dissension
QUOTE: [School email lists] are increasingly becoming ensnared in contests for control of the medium and the message. Principals are accused of trying to silence their discussion-group critics. Parents have allegedly stolen or hijacked e-mail lists.
Washington Post Oct 19, 2007 Standing Up To Takedown Notices: Web Users Turn the Tables on Copyright Holders
QUOTE: recently -- in part because of backlash among users and advocacy groups who say copyright holders are abusing the law and wrongfully taking down content -- the challenges to these copyright claims also appear to be increasing.
Washington Post Oct 17, 2007 The Real Carver: Expansive or Minimal?
QUOTE: Amanda Urban, the agent for Carver’s literary estate, said she had previously spoken with Knopf about publishing the restored stories. Knopf declined and wrote Ms. Urban and Ms. Gallagher, telling them that if they tried to publish with another house, Knopf would consider it an illegal, competitive edition.
New York Times Aug 23, 2007 Gambling Dispute With a Tiny Country Puts U.S. in a Bind
QUOTE: More than a few people in Washington initially dismissed as absurd the idea that the trade organization could claim jurisdiction over something as basic as a country’s own policies toward gambling… But a W.T.O. panel ruled against the United States in 2004… and declared Washington out of compliance with its rules.
New York Times
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