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mcherm : ip-law   707

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Volunteers 3D-Print Unobtainable $11,000 Valve For $1 To Keep Covid-19 Patients Alive; Original Manufacturer Threatens To Sue | Techdirt
In Italy, a hospital couldn't get parts for breathing machines needed to save lives. Someone with a special 3D printer manufactured them. The company that couldn't sell them is suing.
law  ip-law  covid-19  patent  patentabuse  techdirt  via:Techdirt  evil 
21 days ago by mcherm
Bogus Automated Copyright Claims By CBS Blocked Super Tuesday Speeches By Bernie Sanders, Mike Bloomberg, And Joe Biden | Techdirt
CBS filed copyright takedown that blocked election-day speeches by presidential candidates. Probably because CBS was using a "pool camera" shared by all the press at the event.
law  ip-law  copyright  copyrightabuse  techdirt  via:Techdirt 
5 weeks ago by mcherm
Copyright implications of brute forcing all 12-tone major melodies in approximately 2.5 TB. : programming
They generated all (12-note long single octave major scale) melodies and "published" them as a hack on the legal system.
law  ip-law  copyright  music  via:reddit 
8 weeks ago by mcherm
Blizzard now claims full copyright for player-made “custom game” mods | Ars Technica
They are writing the contract to play the game so it agrees to give away to the company the copyright in all new games developed on top of it.
law  ip-law  copyright  ArsTechnica  via:ArsTechnica 
10 weeks ago by mcherm
The MTA Is Going After an Etsy Artist Over a New York Subway Map It Didn’t Make - VICE
He made a NY subway map. The MTA filed a DMCA takedown for copyright violation: they claim he copied a map they made two years after his was first published.
law  ip-law  copyright  copyrightabuse  DMCA  via:HackerNews 
january 2020 by mcherm
Appeals Court Smacks Down Patent Troll Blackbird, Orders It To Pay $363k In Attorneys Fees To Company It Sued | Techdirt
In patent abuse case, court approves ordering the patent troll to pay the legal expenses of their victim, despite an attempt to dismiss the case.
law  techdirt  via:Techdirt  patent  ip-law  patentabuse 
january 2020 by mcherm
EU Patent Office Rejects Two Patent Applications In Which An AI Was Designated As The Inventor | Techdirt
If an AI invents something, should it receive a patent? The patent office in the EU says "No".
law  ethics  ip-law  patent  techdirt  via:Techdirt 
january 2020 by mcherm
Banksy's Fake Store Is An Attempt To Abuse Trademark Law To Avoid Copyright Law | Techdirt
He wants people to stop copying his graffiti works. But copyright law would require him to reveal his identity. So he is attempting to use trademark law instead.
law  ip-law  copyright  trademark  trademarkabuse  via:Techdirt  techdirt 
october 2019 by mcherm
Sci-Hub: removing barriers in the way of science
The publicly available (copyright violating) repository of scientific papers.
reference  science  law  ip-law  copyright  useful 
september 2019 by mcherm
Ohio State seeks to trademark the word 'The'
Um... apparently at least some lawyers think you can actually trademark the word "The".
law  ip-law  trademark  trademarkabuse  via:reddit 
august 2019 by mcherm
Katy Perry Liable for $2.8m for Dark Horse Copy Right Infringement
A basic set of descending notes in a minor key is ruled to be a copyright violation. Hopefully the appeal will be successful.
law  ip-law  copyright  via:reddit 
august 2019 by mcherm
Patent Application Names AI as Inventor
They decided to push the legal system. For obvious reasons, I'm sure that they will get a precedent that an AI cannot be an inventor. Also they'll get publicity.
law  ip-law  patent  ai  via:reddit 
august 2019 by mcherm
Court Determines That This Duck Doesn't Look Enough Like Another Duck To Be Infringing | Techdirt
Court: if it looks vaguely like a duck, it isn't a copyright violation of the other guy's duck. This is a good example to quote in certain contexts to illustrate a point about the scope of copyright.
law  ip-law  copyright 
july 2019 by mcherm
Texas court says photographer has no recourse. - law
Apparently, state institutions in TX can violate copyright with impunity. (But not patents.)
law  ip-law  via:reddit  copyright  patent 
june 2019 by mcherm
You can't copyright a font
It's specifically called out in the federal copyright law.
fonts  law  ip-law  copyright 
may 2019 by mcherm
Tax dialysis - Bloomberg
The "Tax dialysis" subsection of the linked article is a shorter and clearer summary of the tax dodge that allows EFTs to avoid annual taxes the way mutual funds do. And Vanguard is now using the same dodge on their mutual fund. They've patented the idea (which is a horrible misuse of the patent system in my opinion).
law  taxes  investing  ip-law  patent  patentabuse  via:HackerNews 
may 2019 by mcherm
EFF’s Tweet About an Overzealous DMCA Takedown Is Now Subject to an Overzealous Takedown | Electronic Frontier Foundation
(1) a TV show leaks. (2) TorrentFreak writes about it leaking [takedown] (3) TorrentFreak writes about the takedown [takedown] (4) EFF writes about the situation [takedown]. You can't just order copyright-based takedowns of anything you don't like... Oh right - you can.
law  ip-law  DMCA  copyright  copyrightabuse  eff  via:HackerNews 
april 2019 by mcherm
Stupid Patent Of The Month: Veripath Patents Following Privacy Laws | Techdirt
They have a US patent on offering features to customers who agree to share data. There are laws specifically requiring that kind of behavior.
law  privacy  patent  patentabuse  ip-law  techdirt  via:Techdirt  eff 
march 2019 by mcherm
The Latest In Trademark Abuse Is Registering Marks To Obtain Ownership Of Instagram Accounts | Techdirt
People are now filing frivolous trademarks in order to take over popular or valuable Instagram accounts.
law  ip-law  trademark  techdirt  via:Techdirt 
february 2019 by mcherm
This is the current menu at Burger King in Sweden, who are trolling the shit out of McDonalds after they lost the European trademark to "Big Mac" to the far smaller Irish burger chain "Supermac". - funny
McDonald's trademarked (in Europe) "BigMac" as a name for a product AND a location. They tried to force a competitor to change their name based on the location trademark. But they don't actually use that (lied in application), so they lost the case and lost the WHOLE trademark. Sadly, UNTRUE:
law  ip-law  via:reddit  trademark 
february 2019 by mcherm
Software patents poised to make a comeback under new patent office rules | Ars Technica
The federal circuit has effectively interpreted one line in Alice as meaning that it doesn't REALLY overturn software patents and they can bring them back.
law  patent  ip-law  ArsTechnica  via:ArsTechnica 
january 2019 by mcherm
Crowdfunding Backer Patented My Project — Patent Pandas
He invented LED stickers (not very novel), ran a successful Kickstarter, and started a business. Then one of his Kickstarter backers patented it.
law  ip-law  patent  patentabuse  via:SlateStarCodex 
december 2018 by mcherm
Company Tried to Patent My Work After a Job Interview — Patent Pandas
The author successfully prevented a patent from being issued for pop-up books using electronic displays by submitting prior art. They also claim Google effectively stole their idea.
law  ip-law  patent  google  via:HackerNews 
december 2018 by mcherm
MongoDB's Server Side Public License is likely unenforceable — Process Mechanics
MongoDB did something weird with their license to try to control its use in larger systems that are not open source. This article argues it might be legally unenforceable and is certainly impossible to comply with as a practical matter.
law  opensource  copyright  ip-law 
december 2018 by mcherm
MPEG-G: the ugly
A data format standard for DNA sequences is marred by patents (dubious ones).
law  ip-law  patent  patentabuse  standards  via:HackerNews  science 
december 2018 by mcherm
Copyright Violation? Allow It!
They found /r/science using their copyrighted art. They released the art under creative commons. Everyone wins.
opensource  law  ip-law  copyright  creativecommons  via:reddit 
december 2018 by mcherm
Don’t sign a CLA | Hacker News
I explain why it IS ok (in my opinion) to sign many contributor license agreements for open source projects.
mypostings  opensource  law  ip-law  via:HackerNews 
october 2018 by mcherm
Facebook Responds To Blackberry's Silly 117 Page Patent Lawsuit With Its Own Silly 118 Page Lawsuit | Techdirt
Patent on "show the number of unread messages as a number" battles it out with the patent on "click a button to call someone when texting with them". Neither has any business being considered non-obvious.
law  ip-law  patent  patentabuse  techdirt  via:Techdirt 
september 2018 by mcherm
Supreme Court Asked To Correct Appeals Court (Again) And Explain That Patentable Ideas Need To Be New | Techdirt
Mike Masnick of Techdirt argues that someting which was described in a previous patent (but in the description, not the claims section) is nevertheless "new" and thus patentable.
law  patent  ip-law  techdirt  via:Techdirt 
august 2018 by mcherm
How Aretha Franklin’s ‘Respect’ Became a Battle Cry for Musicians Seeking Royalties - The New York Times
Under US copyright law the performer of a saw is paid nothing for the right to play that song on the radio (the writer and publisher do get paid).
nytimes  law  ip-law  copyright  music  via:reddit 
august 2018 by mcherm
Did A Melatonin Patent Inspire Current Dose Confusion? | Slate Star Codex
MIT patented the proper dosage of a drug; the FDA decided to (not) regulate it as a supplement; and that is why all the stores carry an incorrect dose (even now that the patent has expired).
law  ip-law  patent  bureaucracy  via:SlateStarCodex  ScottAlexander  medicine 
august 2018 by mcherm
What Can Small Tech Companies Do About Patent Trolls? | Hacker News
An update on the state of patent trolling in 2018. It's better for defendants these days.
law  ip-law  patent  patentabuse  via:HackerNews 
august 2018 by mcherm
Xconomy: Art Isn't Free: The Tragedy of the Wikimedia Commons
Is a digital image of a public domain painting considered to be public domain? Wikipedia (and I) say "Yes"; this author says "But the poor museums need cash!"
law  ip-law  copyright  Wikipedia  via:reddit 
march 2018 by mcherm
Court Order to Block Access in Germany
A court in Germany ordered Project Gutenberg to take down 18 works in Germany. Gutenberg disputes the jurisdiction and has blocked all books in Germany.
law  ip-law  copyright  ProjectGutenberg  via:HackerNews 
march 2018 by mcherm
Eyes Above The Waves: The Fight For Patent-Unencumbered Media Codecs Is Nearly Won
Patent problems for audio and video codecs might be a thing of the past because of an alliance of major tech companies who assembled and agree-not-to-sue coalition.
law  ip-law  video  via:reddit 
january 2018 by mcherm
Lawyer Music Video Asks You Not to Call It “Velcro” | Lowering the Bar
The best trademark-related music video I have ever seen... and perhaps the best one I ever will. Very funny.
funny  law  ip-law  trademark  via:LoweringTheBar 
october 2017 by mcherm
Julia Reda – When filters fail: These cases show we can’t trust algorithms to clean up the internet
This article lists illustrations of the problems with automatically filtering for copyright violations.
law  politics  ip-law  copyright 
september 2017 by mcherm
FEATURE: When Is 1923 Going to Arrive and Other Complications of the U.S. Public Domain
Lots of interesting details. The best: Probably the oldest [...] a letter from John Adams [...] will expire on Jan. 1, 2052, almost 300 years after it was written.
via:Techdirt  law  copyright  publicdomain  ip-law 
september 2017 by mcherm
Custos startup uses bitcoin bounties to make pirates rat on one another — Quartz
Embed bitcoin bounties in individual pre-release copies of movies. The movie hackers can claim the bounty anonymously, but that then reveals which copy leaked. I don't see why the first pirate wouldn't just remove the watermark.
security  bitcoin  ip-law  via:HackerNews 
july 2017 by mcherm
Is the threat of a copyright lawsuit stifling music? - BBC News
After a lawsuit where it was ruled that a song infringed another song's copyright because it had the same "vibe" as that which inspired it, musicians are being told by lawyers not to admit to having been influenced by any other musicians.
law  ip-law  via:boingboing  copyright 
july 2017 by mcherm
The hunted becomes the hunter: How Cloudflare’s fight with a ‘patent troll’ could alter the game | TechCrunch
Another company (Cloudflare) fighting back against patent trolls, with some pretty aggressive tactics.
patent  patentabuse  law  ip-law 
july 2017 by mcherm
Game Theory: My Fan Game is a CRIME?! - YouTube
A surprisingly good video on the history and current state of the law on when copyright applies to video game designs.
copyright  ip-law  law  via:ben 
june 2017 by mcherm
Colombian biologist won't go to jail for 8 years for sharing a scientific paper (probably) / Boing Boing
He shared a scientific paper online and was prosecuted in Colombia for criminal copyright infringement. He was acquitted, but the case is still on appeal.
copyright  copyrightabuse  ip-law  law  via:boingboing 
june 2017 by mcherm
Supreme Court rules Doctrine of Exhaustion (First Sale) Applies for Patents
Just out: You can do what you want with patented stuff you bought (regardless of what lease restrictions you signed) because once you own it they no longer have patent rights in that object.
law  ip-law  patent  via:HackerNews 
may 2017 by mcherm
Video Games Aren't Allowed To Use The "Red Cross" Symbol For Health
You can't use a Red Cross in a video game because only the Red Cross is allowed to use it. And this is by international convention.
law  ip-law  trademark 
may 2017 by mcherm
Copyright? MD : legaladvice
I write advice to someone who is getting complaints from someone else that their role playing game rules are a derivative work of someone else's role playing game rules.
mypostings  ip-law  copyright  via:reddit 
april 2017 by mcherm
Desperate John Deere tractor owners are downloading illegal Ukrainian firmware hacks to get the crops in / Boing Boing
Many terrible examples here, like how the Library of Congress allowed modifying tractors so John Deer immediately added a click-through agreement (as a firmware update) prohibiting it.
via:boingboing  copyright  copyrightabuse  CoryDoctorow  law  ip-law 
march 2017 by mcherm
The Last AC-3 Patent Expired on March 20, 2017
Dolby had a patent on the standard for audio in digital television which has been in place since 1992. They used various methods to extend that patent control.
patent  patentabuse  standards  law  ip-law  via:HackerNews 
march 2017 by mcherm
Google Report: 99.95 Percent Of DMCA Takedown Notices Are Bot-Generated Bullshit Buckshot | Techdirt
Apparently (wait, really?) Google claims that 99.95% of all takedown requests they receive (from the "Trusted Copyright Removal Program") are for URLs that they don't even index.
DMCA  google  law  techdirt  via:Techdirt  ip-law  copyright  copyrightabuse 
february 2017 by mcherm
A battle rages for the future of the Web | Ars Technica UK
EFF pushed W3C saying "if you MUST standardize DRM, at least require that security researchers still be allowed to do research". Corporations in W3C push back.
w3c  drm  copyright  law  ip-law  security  internet  eff  CoryDoctorow  via:boingboing 
february 2017 by mcherm
Patent troll sues Netflix over offline downloads | Ars Technica
After Netflix got big in the CD business, someone patented doing the same with writable CDs, but writes it vaguely enough to cover sending any data to people over a computer. Troll now sues Netflix.
law  ip-law  patent  patentabuse  ArsTechnica  via:reddit 
february 2017 by mcherm
Anish Kapoor Gets Exclusive Rights to the World's Darkest Material [UPDATED]
A company invented the "blackest black possible" (a forest of carbon nanotubes applied to a surface), and then they licensed it to a single artist/studio as the ONLY ones allowed to use the material to create art.
ip-law  patent  art  via:HackerNews 
january 2017 by mcherm
» A Time of Endings, Part 3: Mediagenic (or, The Patent from Hell) The Digital Antiquarian
An essay on the history of the company that bought Activision - and how it was brought down by an overbroad, not-very-novel patent.
law  ip-law  patent  patentabuse  history  via:HackerNews 
january 2017 by mcherm
Adidas Can't Trademark 'Adizero' Because A Small Chicago Church Sold Two 'Add A Zero' Hats To Someone In Wisconsin | Techdirt
Appeals court rules selling two hats counts as "use in commerce" and also that trademarks that sound similar are enough to block a new trademark.
law  ip-law  trademark  trademarkabuse  techdirt  via:Techdirt 
november 2016 by mcherm
Stupid Patent Of The Month: Changing The Channel | Techdirt
Yep, you can get sued by a patent troll for showing one video after a different one because someone claims to have a patent on changing the channel on a TV.
via:Techdirt  techdirt  patent  patentabuse  law  ip-law 
november 2016 by mcherm
Stupid Design Patent Of The Month: Rectangles On A Screen
Design patents are generally a stupid idea (in my opinion) but overbroad design patents are even worse. Three rectangles in a line and a square under them is a patented design.
via:Techdirt  law  ip-law  patent  patentabuse  eff 
october 2016 by mcherm
A ruling by the Italian Supreme Court: News do expire. Online archives would need to be deleted  - l'Espresso
An Italian court has expanded on the "right to be forgotten" -- newspapers must remove old articles (in this case about a legal case that is still going on) after 2.5 years.
censorship  stupid  law  via:HackerNews  ip-law 
september 2016 by mcherm
Boise State Somehow Got A Trademark On Non-Green Athletic Fields | Techdirt
A trademark on a blue field is reasonable; a trademark on non-green fields isn't (in my opinion).
law  ip-law  trademark  trademarkabuse  via:Techdirt  techdirt 
september 2016 by mcherm
Defending the GPL without lawsuits
Linus (and "Greg" who he quotes) on why it works better to NEVER sue over GPL violations.
opensource  law  via:HackerNews  ip-law  copyright 
september 2016 by mcherm
Trollala - Fight Patent Trolls Together
There are probably better choices, like but this isn't a bad idea.
law  ip-law  patent 
august 2016 by mcherm
Treaty For The Blind Comes Into Force... But US Refuses To Ratify Because Publishers Association Hates Any User Rights | Techdirt
The US delays in ratifying an international treaty to require exceptions to copyright law for allowing the blind to use readers to access books.
ip-law  copyright  disabilities  techdirt  via:Techdirt 
july 2016 by mcherm
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