Intellectual Property
RIAA Gets Hosed In Court
Friday, September 26th, 2008The Recording Industry Association of America RIAA offers ample evidence to support the proposition that the music business consists of two basic groups: a bunch of gangsters and thugs on the one hand, and the real bad guys on the other.
You might remember, about a year ago the recording industry went to trial on a [...]
The Anti-Counterfeiting Trade Agreement
Wednesday, September 17th, 2008The Anti-Counterfeiting Trade Agreement is the most important treaty you’ve never heard of. The big western countries are busy negotiating this big trade deal in secret. The news about ACTA that has leaked out of the negotiations is cause for concern.
Meanwhile, the US Senate Judiciary Committee has voted for a bill called The Enforcement of [...]
Open Source Copyright Infringement
Sunday, August 17th, 2008The Federal Circuit Court of Appeals has held that somebody who publishes open-source software can enforce any limits he or she chooses to set on its use. The case is called Jacobsen v. Katzer.
Read the decision for yourself. I think this it’s good news. When a person dedicates intellectual property to the creative commons, he [...]
Good News! Software Patents are in Jeopardy
Thursday, July 24th, 2008The Patent and Trademark Office is turning down patent applications from software designers.
The issues presented in these cases are fascinating to anybody with an interest in intellectual property. The PTO case that started all the fuss is called Bilski. Read it here . This case interprets Section 101 of the Patent Act to deny patents [...]
Baseball Fantasy League Case
Tuesday, June 3rd, 2008It’s OK to run a for-profit fantasy baseball league without paying Major League Baseball for the right to use the names and statistics of big league ball players. The Supreme Court has declined to hear a case on this point, coming out of the 8th Circuit.
Read the 8th Circuit decision for yourself. Then go have [...]
Transformative Works and Copyright
Tuesday, January 22nd, 2008Parody is the best-known kind of derivative work. Parody is protected as a “fair use” under copyright law. See Campbell v. Acuff-Rose , 510 US 569, 1994. Justice Souter wrote the majority opinion. Another kind of derivative work is so-called “transformative” art.
“Fan fiction” is the most well-known type of “transformative” creative work product. Another [...]