Wednesday, July 28, 2004

Life 2.0

via Forbes.com: "In Life 2.0 you'll meet real folks who are living larger lives in smaller places right now--people who have found a fulfilling Second Act for their lives. I met them during personal visits over past two years, when I set out in a small airplane to fly around the country and have a look at how Americans were coping with major structural changes in the economy. During this journey I met countless ordinary folks doing stunning, creative things with their work and lives in places you'd least expect. "

Tuesday, July 27, 2004

No Matter What You Call It, the Inducing Infringement of Copyright Act Spells Trouble

Fred Wilhelms Commentary via Streamingmedia.com: What the bill boils down to is giving copyright holders a virtual veto power over any technological development that could possibly be used to distribute copyrighted material. It gives them this power by establishing contributory liability under copyright law for anyone who creates, develops, implements, or distributes technology (hardware or software) that is capable of disseminating copyrighted material without compensation to the copyright holders.

Friday, July 23, 2004

German Court OKs Use of GPL

via GROKLAW: "[A] court in Germany has just confirmed the earlier preliminary injunction in the netfilter/iptables case -- the GPL is valid in Germany. "

Thursday, July 22, 2004

Senator wants to ban P2P networks

via CNET News.com: "Sen. Orrin Hatch, R-Utah, said he intended to move ahead with the highly controversial Induce Act despite objections from dozens of Internet providers and Silicon Valley manufacturers. The Induce Act says 'whoever intentionally induces any violation' of copyright law would be legally liable for those violations. "

Antipiracy bill gains new ally

via CNET News.com: "In a move that's alarming technology firms, the U.S. Copyright Office is about to endorse new legislation that would outlaw peer-to-peer networks and possibly some consumer electronics devices that could be used for copyright piracy. "

The Parody Not in the Logo

via Tech Law Advisor: "Hit & Run and BoingBoing are abusing Miller Brewing for protecting its copyright and trademark in the Miller logo from an L.A. based manufacturer of 'It's Mullet Time' t-shirts. Granted the t-shirts (posted on BoingBoing) are cool, but I believe this example is similar to the OJ/Cat in the Hat parody and not one worth fighting over."

Obcenity and Community Standards Lawsuit

via Infothought: "EFF Deep Links has an article 'Will Obscenity Ruling Break Online Anonymity?' about the Nitke vs. Ashcroft case regarding obscenity law, and 'community standards' applied to the Internet."

Playmakers LLC v. ESPN

via The Trademark Blog: "Ninth Circuit affirms denial of preliminary injunction sought by sports agency with registration for PLAYMAKERS, against ESPN's use of PLAYMAKERS for dramatic series on sports. Court relied on weakness of mark, differences in services, differences in channels of trade and sophistication of clients selecting sports agency services."

TiVo's plans lead to copyright fight

via MSNBC: "Hollywood studios and the National Football League are seeking to block the maker of the popular TiVo television recorder from expanding its service so that users could watch copies of shows and movies on devices outside their homes."
The slashdot  discussion on this.

Open Arms for Open-Source News

via Wired News:: "Following in the footsteps of past community journalism projects that sought to give individuals a voice in local news, as well as the growing trend in news-like blogs, The Northwest Voice is giving residents of Bakersfield's northwest neighborhoods near-total control of content. An editor is on hand largely to ensure that articles, letters and photographs submitted through the publication's Web-based content-management system adhere to a minimal set of standards, and to choose the best submissions for inclusion in the print edition. "

Copyright Bill to Kill Tech?

via Wired News:: "The Senate Judiciary Committee will consider a bill Thursday that would hold technology companies liable for any product they make that encourages people to steal copyright materials."

Not Closing GPL 'Loopholes'

via LawMeme: "Clever ways to skirt the GPL have become a hot topic. The community is discussing whether a developer can revoke a customer's support subscription when the customer redistributes GPLed software. I have little to add to that debate, but I've drafted a paper suggesting one way the GPL could be modified to close this kind of loophole. The paper is entitled Collateral Restrictions and the GPL."

SCO DaimlerChrysler Unix Lawsuit Dismissal

via CNET News.com: "SCO had alleged DaimlerChrysler violated the Unix software agreement by refusing to certify it was in compliance with the contract. DaimlerChrysler was required to certify it was using the Unix software only on specific computer processors, according to the contract.
When SCO sued, DaimlerChrysler hadn't certified that it was in compliance with the agreement, but it had done so by the time it responded in April--saying it had completely stopped using the Unix software years earlier. "

Tuesday, July 20, 2004

HP feared MS open source patent offensive

via The Register: "A senior executive at Hewlett Packard two years ago expressed fears that Microsoft would use its patent portfolio to close down the company's open source efforts. The concerns were expressed in a June 2002 memo by Gary Campbell, and HP confirmed their authenticity to Newsforge's Joe Barr."

Microsoft pays to end Lindows suits

via CNET News.com: "Microsoft will pay upstart Linux seller Lindows $20 million to settle a long-running trademark dispute, according to a regulatory document filed Monday."

Markman in Acacia Patent Case

via Forbes.com: "In a preliminary ruling last week known as a Markman Order, the California federal judge overseeing several of Acacia's patent-infringement cases agreed that while seven of the underlying definitions that form the basis of the company's patent claims were likely valid, 12 other terms or phrases were debatable. "

Friday, July 16, 2004

Tough road for patent-busters

via CNN.com, Jul 16, 2004: Only 614 of the nearly 7 million existing patents have been revoked, according to the U.S. Patent and Trademark Office. Some 3,927 patents have been narrowed since the agency began conducting re-examinations in 1981.

Should Linking Be Immune From Lawsuits?

article via FindLaw

also, via Wired. "Gawker Media's sex-centric blog Fleshbot is considering permanently removing a hyperlink to a website selling a video in which actress Cameron Diaz is seen topless. The possible move comes after the star's attorneys sent the leading blogging outfit a cease and desist letter last week

The First Sale Doctrine in the Era of Digital Networks by R. Reese

via SSRN

Tuesday, July 13, 2004

The Political Economy of Intellectual Property Law

via American Enterprise InstittueThis monograph seeks to explain the expansion of intellectual property law over the last half century, focusing in particular on the rapid growth that began with the 1976 Copyright Act. In so doing, it explores a fundamental, unresolved issue in the theory of regulation: why some kinds of regulation have increased dramatically over this period while others have virtually disappeared.

Role Playing Helps Associates Improve 'Sociability,' Marketing

via New York Lawyer

Monday, July 12, 2004

$15m For Using Hockey Player's Name in Comic

via St. Louis Post-Dispatch: Tony Twist, the former rock 'em-sock 'em Blues hockey player, was awarded $15 million Friday by a jury that concluded comic book artist Todd McFarlane had profited by using Twist's name without his permission.
In a case that could have broad meaning for artistic freedom, McFarlane insisted the name had literary value and his use of it was protected under the First Amendment, but Twist contended McFarlane had exceeded free speech rights.

StorageTek wins copyright injunction

via CNET News.com A federal judge in Massachusetts has granted a preliminary injunction against a consulting firm that allegedly violated the Digital Millennium Copyright Act when performing maintenance on StorageTek tape backup systems.

Bill Gates on Open Source

via Asia Computer Weekly: "In muted tones, Microsoft’s chairman warned governments and companies that open source software is not the way to go if they are in the business of creating jobs and intellectual property."

Friday, July 09, 2004

The Boies Firm

via law.com: When David Boies left Cravath, Swaine & Moore in May of 1997 to start his own law firm, he had a simple idea. He wanted to practice a sophisticated brand of law in a small, bureaucracy-free setting. "I'm not by nature somebody who loves to spend time involved in administration," he says.

Thursday, July 08, 2004

Fast Company | Fight to Survive

Fast Company | Fight to Survive Tough-minded advice for tough times: how to get by on (a lot) less. The ultimate guide to living off the land, keeping your priorities straight, and not losing hope. Courtesy of the U.S. Army Special Forces. After you've read about how to "Fight to Survive" in this issue of the magazine, read "The Ultimate Survivor", a Web-only companion profile of First Lieutenant James "Nick" Row.

Software piracy losses double

via CNET News.com: "About 36 percent of software installations worldwide are pirated copies, the study by trade group Business Software Alliance and market researcher IDC showed. In dollar terms, the losses were greatest in Western Europe, where piracy cut revenue by $9.6 billion in 2003, followed by Asia and North America. "