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. "

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via CNN.com, Jul 16, 2004: Only 614 of the nearly 7 million existing patents have been revoked, according to the U.S. Patent and Trademark Office.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

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

$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."

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.

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. "

Wired News: A Lively Open-Source Debate

Wired News: A Lively Open-Source Debate

EFF: The Patent Busting Project

link: Now some patent holders have begun to set their sights on the new class of technology users–small organizations and individuals who cannot afford to retain lawyers. Faced with million-dollar legal demands, they have no choice but to capitulate and pay license fees – fees that often fund more threat letters and lawsuits. And because these patents have become cheaper and easier to obtain, the patentee’s costs can be spread out quickly amongst the many new defendants. Our patent system has historically relied on the resources of major corporate players to defeat bad patents; now it leaves these new defendants with few if any options to defend themselves.

Business Method Patents Forum

via Economic Review, Vol. 88, Fourth Quarter 2003. The Atlanta Fed’s 2003 Financial Markets Conference focused on the emergence and legitimization of “business method” patents in the United States and how this development affects financial services innovation and the future of financial services firms.

Hate corrodes

Like an unchecked cancer, hate corrodes the personality and eats away its vital unity. Hate destroys a man's sense of values and his objectivity. It causes him to describe the beautiful as ugly and the ugly as beautiful, and to confuse the true with the false and the false with the true.

Martin Luther King Jr. (1929 - 1968)

The Linux Killer

via Wired, Issue 12.07, July 2004: "But if SCO and its star litigator succeed, what then for Linux? The open source community will adapt. Linux programmers will replace the copyrighted code with their own new versions and continue their assault on proprietary software."

SCO and the Battle Over UNIX: A Clear Explanation

via Informit: "This article summarizes the events associated with the battle over UNIX. First, we discuss the chain of title to the UNIX code. Second, we summarize the various litigations and the software community's response to SCO's efforts. Finally, we point out some lessons that might be learned from these battles."

VCs Size Up Open Source Challenges and Opportunities

via IT Manager's Journal. "So what kind of action should a software industry VC take? It's not an easy question, but one that needs attention if for no other reason than to protect an existing proprietary software portfolio. There seem to be two camps: those that see the potential for open source, and those that doubt it or believe it is too soon. "