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Intellectual Property (conceptual)

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65 Articles and Resources. Go to: [Next 15]

Date	Fairness.com Resource	Read it at:
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
Aug 11, 2007	Judge Says Unix Copyrights Rightfully Belong to Novell QUOTE: a federal district court judge in Utah ruled Friday afternoon that Novell, not the SCO Group, is the rightful owner of the copyrights covering the Unix operating system....The ruling could remove the cloud over open-source software like Linux...	New York Times
Aug 11, 2007	Slipstream: Who Owns the Concept if No One Signs the Papers? QUOTE: WHO owns a bright idea? If the technology associated with an idea is new and the opportunities it offers are valuable, it will have many authors — most of whom may argue over ownership.	New York Times
Mar 20, 2007	MySpace Restrictions Upset Some Users QUOTE: MySpace says that it will block these pieces of third-party software — also called widgets — when they lend themselves to violations of its terms of service, like the spread of pornography or copyrighted material. But it also objects to widgets that enable users to sell items or advertise without authorization, or without entering into a direct partnership with the company.	New York Times
Jan 30, 2007	Virginia Men Face U.S. Trial In Peddling of Phony Purses QUOTE: The case is bringing scrutiny to a widespread problem that has been publicly visible for years: trafficking in handbags and other counterfeit goods. Shoppers in Washington and other major cities can find fake fancy designer purses on street vendor carts, but purse parties -- though perhaps more underground with the heightened law enforcement attention -- are still held in the suburbs.	Washington Post
Jan 02, 2007	Whose listing is it, anyway? QUOTE: If you're selling a house, it might very well be in your best interest to place your listing on every Web site possible. But Baczowski says it's not necessarily in the listing agent's best interest.	Bankrate.com
Oct 01, 2006	‘Chorus Line’ Returns, as Do Regrets Over Life Stories Signed Away QUOTE: For the next 12 hours they spoke about their lives, telling stories of divorce, child abuse and the plight of the professional dancer. These tales, shaped by the choreographer Michael Bennett, would become the foundation of “A Chorus Line,” one of the most successful musicals of all time. The dancers who told their stories that night sold them to Mr. Bennett for $1 each. And though Mr. Bennett later arranged for them to receive royalties from the show — at times up to $10,000 a year — they have always questioned whether they have been fairly compensated and acknowledged.	New York Times
Sep 19, 2006	Copyrighted Content Running Wild At Guba.com QUOTE: Guba.com's ability to pull "user-generated" content from the Usenet newsgroups appears to be pushing large numbers of copyrighted video files onto the company's servers, allowing them to be easily downloaded to the Internet at large. Guba, which last month said it had designed a program with the MPAA to automate the fight against copyrighted content, also said it plans more deals with movie studios to rent and sell copyrighted content...	PC Magazine
Aug 28, 2006	Podcasters' Guide To Avoiding Lawyers QUOTE: The content producer is often without formal training and education. Worse, he typically doesn't have teams of lawyers to slap him on the wrists before they end up in court. Instead he has a fool for a lawyer, representing himself in Web 2.0 as publisher and litigator, without the credentials for either.	WebProNews
Jul 31, 2006	Do Software Customers Own a Copy? QUOTE: groundwork about how copyright law works, and doesn't work, when it comes to software. And a good way is to examine an older court decision - a case that many observers and even Congress think is the worst beat that software customers ever took.	InfoWorld
Jun 19, 2006	The Injustice Collector: Is James Joyce’s grandson suppressing scholarship? QUOTE: [Stephen Joyce's] primary motive has been to put a halt to work that, in his view, either violates his family’s privacy or exceeds the bounds of reputable scholarship. The two-decade-long effort has also been an exercise in power—an attempt to establish his own centrality in regard to anything involving his grandfather. If you want to write about James Joyce and plan to quote more than a few short passages, you need Stephen’s consent....Most prickly literary estates are interested in suppressing unflattering or intrusive information, but no one combines tolltaker, brand enforcer, and arbiter of taste as relentlessly as Stephen does....Joyceans find it especially galling that the estate representing one of the most censored writers of his day—“Ulysses” was banned in America until 1934—has itself become a censor....Yet, for the first time, a Joycean is fighting to free herself from Stephen’s control.	New Yorker
May 28, 2006	Death Pays Off QUOTE: I registered the name of a promising young local athlete as a domain name, intending to create a sports Web site. ecause I could not be sure how they would use it, I decided simply to give it to his family. My brother thought I was nuts to give away something so potentially valuable and urged me to ask the family for a fee based on the son's future earnings. Fair?	New York Times
May 26, 2006	Loading the iPod With Egalitarianism: French Bills Have Firms Singing Blues QUOTE: songs downloaded from Apple's online music store embedded with code that prevents them from being played on anything other than an iPod....French lawmakers say their bill is enlightened consumerism for cutting-edge technology, an effort to force Apple and other companies to freely compete, rather than relying on techno-secrets to crush the competition.	Washington Post
Dec 20, 2005	Google Lyrics Search—Déjà Vu? QUOTE: At what point has the music industry's fierce guarding of it's content gone too far? And how far does Fair Use protect Google as it seeks to index the world's information? The biggest blow-out of the year was between Google and publishers over the Google Book Search project. The next big blow-out may land Google in the sights of the music industry after the search company launched a music lyrics search function.	WebProNews
Sep 26, 2005	Copyright lawsuit challenges Google's vision of digital 'library': Authors and publishers balk at the firm's ambitious plan to digitize world's information, saying it needs their permission. QUOTE: ...a lawsuit filed in federal court in New York last week against Google and its Google Print Project... Brought by the 8,000- member Authors Guild, the suit seeks damages and an injunction to halt Google's project, claiming it violates copyright because authors have not first given permission to use their works.	Christian Science Monitor
Sep 02, 2005	$5,000 Fine for EULA Violation QUOTE: ...made the mistake of using the services of an outfit called Parkingticket.com to try to get a $115 parking ticket dismissed. Not only was the ticket not dismissed, but she was informed by Parkingticket.com that they were going to charge her $5,000 for violating their terms and conditions.	InfoWorld
Jul 12, 2005	Tapping Into Tinkering: Some Makers of Electronics Benefit From Users' Modifications QUOTE: Roomba's creator, iRobot Corp., is such a believer in letting programmers play with the appliance that it has said it might release tools to facilitate reprogramming. But....At worst, hackers can undermine a company's business.	Washington Post
May 22, 2005	Acceptable Knockoffs QUOTE: You are right to shun counterfeit handbags, but you may buy knockoffs, which are not the same thing.	New York Times
Feb 03, 2005	After Death, a Struggle for Their Digital Remains QUOTE: ...when he was killed last week in an enemy ambush, one of the first things they did was to contact the company that hosted their son's account. They wanted to know how to access the data and preserve it. But who owns the material is a source of intense debate.	Washington Post
Jan 09, 2005	Manufaketure QUOTE: ...pharmacies also represent a current and urgent battleground in one of the most important struggles between the developed world and China's surging economic power. This is the fight over intellectual property and the related investments essential to the knowledge economy, that amorphously defined new world in which better ideas, not faster, cheaper hands create jobs and wealth. Despite their appearances, Chinese pharmacies are stocked with expertly copied versions of some of the world's most profitable medicines, patented products that generate hundreds of billions of dollars' worth of business in the United States, Europe and Japan. Even the very latest miracle drugs sell in China for a fraction, often one-tenth or less, of what their authorized equivalents in the United States cost.	New York Times
Dec 06, 2004	Breathing New Life Into Dead Celebs QUOTE: Until Richman and Roesler began their crusade of scorched-earth litigation, dead celebrities had no rights at all. Any sleazy huckster could use any dead celeb's picture to sell any kind of cheesy crapola -- and many sleazy hustlers did just that.	Washington Post
Nov 22, 2004	D'oh! An egregious abuse of Fair Use QUOTE: Why is it that I can quote hundreds and hundreds of words from academic authors who have the same copyright protections as the music industry, and yet I have to pay nothing? Why does a few dozen words of lyrics require payment?	Ars Technica
Sep 29, 2004	Getting real about fake designer goods QUOTE: If something gets hot, and expensive, cheaper copycat versions are likely to follow.	Bankrate.com
Sep 20, 2004	Saving the Artistic Orphans QUOTE: ...older books, films and music -- are often out of print and considered no longer commercially viable, but are still locked up under copyright. Locating copyright owners is a formidable challenge because Congress no longer requires that owners register or renew their copyrights with the U.S. Copyright Office.	Wired
Apr 25, 2003	Morrison Estate Sues Surviving Doors QUOTE: Densmore's suit accused Manzarek, 63, and Krieger, 57, of misleading fans with their attempt to resurrect the classic Morrison-era tunes such as "Riders on the Storm," "When the Music's Over," and "L.A. Woman," created during the band's heyday in the late '60s and early '70s.	E! Online
Feb 21, 2003	'Honest Thief' confronts music industry QUOTE: A Dutch company calling itself an "honest thief" has become the latest threat to an entertainment and recording industry beset by swelling numbers of file-swapping services.	CNET
Feb 06, 2003	Patent scare hits streaming industry QUOTE: Bold patent claims on seemingly generic software ideas or business practices are an increasingly common part of the technology landscape. But there is reason to take Acacia seriously.	CNET
Sep 04, 2002	University to challenge copyright laws QUOTE: ...an anonymous $1 million gift....to fund a center focused on finding "the correct balance" between intellectual property rights and material that should be in the public domain.	CNET
Mar 13, 2002	Chained melodies QUOTE: Copyright-holding corporations are pushing new laws and computer-crippling technologies in their war on piracy. But can anything keep geeks from copying the music and movies they crave?	Salon
Feb 15, 2002	All Hail Creative Commons: Stanford professor and author Lawrence Lessig plans a legal insurrection QUOTE: ...Creative Commons will make available flexible, customizable intellectual-property licenses that artists, writers, programmers and others can obtain free of charge to legally define what constitutes acceptable uses of their work. The new forms of licenses will provide an alternative to traditional copyrights...	San Francisco Chronicle

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