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Danny Thorne's List: Intellectual Property

Intellectual property - Wikipedia, the free encyclopedia

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copyright intellectualproperty law patent trademark on 2008-02-29 and saved by 17 people
- The backronyms intellectual protectionism and intellectual poverty, whose initials are also IP, have found supporters as well, especially among those who have used the backronym digital restrictions management.
- in the United States physical property laws are generally part of state law, while copyright law is in the main measure federal
- 5 more annotations...
- - still encourages a natural rights notion rather than a recognition that the rights are purely statutory, and it only characterizes the "property" rather than eliminates the property presupposition.
  - the "property" referred to in "intellectual property" is the rights, not the intellectual work.
  - The shift in terminology towards "intellectual property" has coincided with a more general shift away from thinking about things like copyright and patent law as specific legal instruments designed to promote the common good and towards a conception of ideas as inviolable property granted by natural law.^[8] The terminological shift coincides with the usage of pejorative terms for copyright infringement such as "piracy" and "theft".
  - some scholars question the legitimacy and philosophical basis of such laws
  - the particular form or manner in which ideas or information are expressed or manifested, and not in relation to the ideas or concepts themselves
Copyleft - Wikipedia, the free encyclopedia

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copyleft copyright intellectualproperty on 2008-02-29 and saved by 21 people
- in most European countries it is not permitted for a software distributor to waive all warranties regarding a sold product. For this reason the extent of such warranties are specified in most European copyleft licenses. Regarding that, see the CeCILL license, a license that allows one to use GNU GPL (see article 5.3.4 of CeCILL) in combination with a limited warranty (see article 9 of CeCILL).
- he created his own copyright license, the Emacs General Public License
  >
  [3]
  >
  , the first copyleft license.
  > This later evolved into the GNU General Public License
- 2 more annotations...
- - when Richard Stallman was working on a Lisp interpreter. Symbolics asked to use the Lisp interpreter, and Stallman agreed to supply them with a public domain version of his work. Symbolics extended and improved the Lisp interpreter, but when Stallman wanted access to the improvements that Symbolics had made to his interpreter, Symbolics refused. Stallman then, in 1984, proceeded to work towards eradicating this emerging behavior and culture of proprietary software, which he named software hoarding.[2]
  - Under copyleft, copyright infringement may be avoided if the would-be infringer perpetuates the same copyleft scheme. For this reason copyleft licenses are also known as viral or reciprocal licenses.
"Intellectual property" is a silly euphemism | Technology | guardian.co.uk

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anticopyright copyright intellectualproperty on 2008-02-29 and saved by 14 people
- The state should regulate our relative interests in the ephemeral realm of thought, but that regulation must be about knowledge, not a clumsy remake of the property system.
- facts are not copyrightable, so no one can be said to "own" your address, National Insurance Number or the PIN for your ATM card. Nevertheless, these are all things that you have a strong interest in, and that interest can and should be protected by law.
- 2 more annotations...
- - there's plenty of stuff out there that's valuable even though it's not property. For example, my daughter was born on February 3, 2008. She's not my property. But she's worth quite a lot to me.
  - people who've "had their property stolen" are a lot more sympathetic in the public imagination than "industrial entities who've had the contours of their regulatory monopolies violated", the latter being the more common way of talking about infringement until the ascendancy of "intellectual property" as a term of art.
Anti-copyright - Wikipedia, the free encyclopedia

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anticopyright copyright intellectualproperty on 2008-02-29
- Enforcement mechanisms such as digital rights management endanger existing consumer rights like fair use, and can be used to further tie creators to the corporate entities that control this technology since even a use which may be legally considered fair use may be hampered or rendered impossible by the technological restrictions. "Trusted computing" platforms may refuse to play, display or execute content that is not properly "certified" by central authorities.
- Article 8 of the Berne Convention may have a chilling effect on freedom of speech
- 1 more annotations...
- - without copyright, it would be possible to use DRM without limitations, and fair use and copyleft would be impossible.
Biolicense - Biolicense.net

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biolicense copyright intellectualproperty on 2008-02-29
GNU General Public License - Wikipedia, the free encyclopedia

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copyleft copyright gnu gpl intellectualproperty on 2008-02-29 and saved by 18 people
Eric S. Raymond - Wikipedia, the free encyclopedia

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computerscience esr hackerculture opensource programming software on 2008-02-29
- The Art of Unix Programming
- He has rejected what he describes as the "very seductive" moral and ethical rhetoric of Richard Stallman and the Free Software Foundation, asserting that this is "not because his principles are wrong, but because that kind of language ... simply does not persuade anybody."^[14]
- 4 more annotations...
- - he was particularly critical of Wikipedia, calling it a "disaster",^[13]
  - Raymond refused to speculate on whether the "bazaar" development model could be applied to works such as books and music, not wanting to "weaken the winning argument for open-sourcing software by tying it to a potential loser".^[11]
  - "The Cathedral and the Bazaar"
  - "Jargon File"
Perfect 10, Inc. v. Amazon.com, Inc., et al. - Internet Library of Law and Court Decisions

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copyright fairuse intellectualproperty on 2008-03-01
- a user’s act of “caching” copies of infringing images in his computer as part of his review of such infringing materials was a fair use protected from claims of copyright infringement.
- only delivered html instructions – to wit in-line links – to its users, and not the actual images themselves
- 7 more annotations...
- - Google had no contractual or other right to cause such third party websites to stop displaying infringing content. As such, the Ninth Circuit held, Perfect 10’s vicarious copyright infringement claims were likely to fail.
  - The District Court was also directed to determine whether Google was immunized from liability for such contributory infringement claims by operation of the Digital Millennium Copyright Act (“DMCA”). The DMCA immunizes Service Providers such as Google from liability “for infringement [including contributory infringement] of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer or hypertext link,” if the service provider meets certain specified criteria. The parties disputed whether Google in fact met such criteria, and qualified for the protections of the DMCA. This issue was left to the District Court on remand.
  - Said the Ninth Circuit: “Google’s failure to change it operations to avoid assisting websites to distribute their infringing content may constitute contributory liability …”.
  - Perfect 10 claimed that by assisting users in locating and obtaining access to third party sites that themselves contained infringing images, Google was guilty of contributory infringement.
  - the Copyright Act, unlike the Trademark Act, does not protect a copyright holder against acts that cause consumer confusion.
  - Google does not store the images contained on such third party web pages in its cache. Rather, all that these cached copies contain are html instructions setting forth the location on the internet where the image can be found
  - transformative nature of the thumbnails Google created, which, by facilitating the public’s ability to search the web for images, serve a different purpose than the original images, which are designed to entertain.
Intellectual Property Professional Information Center: PLI Panelists Critical of Trends In Secondary Liability Copyright Cases

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copyright fairuse informationtechnology intellectualproperty on 2008-03-01
- dramatic growth in
  online advertising and new business models will continue to shape the
  legal landscape, and predicted, in particular, an explosion in legal
  issues related to social networking.
- statutory damages for secondary
  liability should be written out of the Copyright
  Act.
- 8 more annotations...
- - copyright law is out of sync
    with developments in technology.
  - the key issue in secondary liability is the business model.
  - Grokster
    >
    
    defendants had taken affirmative steps to foster
    >
    
    infringement.
    >
  - Metro-Goldwyn-Mayer Studios
    >
    
    Inc. v. Grokster Ltd.
    >
    , 125 S.Ct. 2764, 33 Med.L.Rptr. 1865 (2005)
    >
  - Perfect 10 Inc. v. Visa International Service
    >
    
    Association,
    >
    494 F.3d 788 (9th Cir. 2007)
    >
  - the court emphasized that facilitating a payment is peripheral to the
    >
    
    actual infringement, which is the unauthorized distribution of a
    >
    
    copyrighted work.
    >
  - Jeffrey P. Cunard, of Debevoise & Plimpton, Washington, D.C.,
    >
    
    termed secondary liability a “leaping mess,” which he
    >
    
    attributed to an effort on the part of the courts to erode the
    >
    
    Sony-Betamax
    >
    prescription for secondary liability, and not have
    >
    
    it apply in a digital era.
    > In Sony Corp. v. Universal Studios
    Inc., 464 U.S. 417 (1984), the U.S. Supreme Court held that if a
    technology is “capable of substantial noninfringing uses,”
    the manufacturer of that technology cannot be liable for the
    infringing acts of users.
  - In May, the U.S. Court of Appeals for the Ninth Circuit vacated a
    preliminary injunction barring Google Inc. from displaying thumbnail
    versions of photographs found on an adult-oriented Web site, reasoning
    that the Web site owner was unlikely to overcome Google's fair use
    defense. Perfect 10 Inc. v. Amazon.com Inc., 487 F.3d 701 (9th
    Cir. 2007).
A Gift of Fire: Instructor's Manual

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computing ethical informationtechnology legal perspectives social on 2008-02-29
- Student presentation and class discussion
  topics
Intellectual Property & New Info Technology

www.gseis.ucla.edu/...Copyright - Preview

copyright informationtechnology intellectualproperty on 2008-03-01 and saved by 2 people
- Microsoft using the Digital Milennium Copyright Act to inhibit criticism
- The constitutional rationale was that, if authors were guaranteed the
  fruits of their labor, they would be encouraged to write more. In today's
  world, it is publishers not authors that hold copyright. And the dominant
  view of lawmakers is that the "limited time" that copyright should be in
  effect is quite long.
US CODE: Title 17,107. Limitations on exclusive rights: Fair use

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copyright fairuse intellectualproperty law on 2008-03-01 and saved by 5 people
- the factors to be considered shall include—
  
  (1)
  the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  
  (2)
  the nature of the copyrighted work;
  
  (3)
  the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  
  (4)
  the effect of the use upon the potential market for or value of the copyrighted work.
PennTags /tag/Emulators

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casestudy copyright informationtechnology intellectualproperty on 2008-02-29
Digital Law Online: History

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copyright history intellectualproperty on 2008-02-29
US CODE: Title 17,117. Limitations on exclusive rights: Computer programs

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copyright informationtechnology intellectualproperty on 2008-02-29
U.S. Copyright Office - Anticircumvention Rulemaking

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copyright dmca drm intellectualproperty on 2008-02-29 and saved by 4 people
Library Digitization Projects and Copyright - Part II - Expiration of Works into the Public Domain | LLRX.com

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copyleft intellectualproperty library on 2008-02-29 and saved by 3 people
Welcome to the Digital Future Coalition

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copyright dfc drm intellectualproperty on 2008-02-29
Digital Future Coalition

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copyright dfc intellectualproperty on 2008-02-29 and saved by 2 people
Digital Future Coalition

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copyright dfc intellectualproperty on 2008-02-29

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Danny Thorne

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Pages about intellectual property, copyright, patent, trademark, ...

Updated on 2008-03-02
Created on 2008-02-29

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Danny Thorne's List: Intellectual Property

Intellectual property - Wikipedia, the free encyclopedia

Copyleft - Wikipedia, the free encyclopedia

"Intellectual property" is a silly euphemism | Technology | guardian.co.uk

Anti-copyright - Wikipedia, the free encyclopedia

Biolicense - Biolicense.net

GNU General Public License - Wikipedia, the free encyclopedia

Eric S. Raymond - Wikipedia, the free encyclopedia

Perfect 10, Inc. v. Amazon.com, Inc., et al. - Internet Library of Law and Court Decisions

Intellectual Property Professional Information Center: PLI Panelists Critical of Trends In Secondary Liability Copyright Cases

A Gift of Fire: Instructor's Manual

Intellectual Property & New Info Technology

US CODE: Title 17,107. Limitations on exclusive rights: Fair use

PennTags /tag/Emulators

Digital Law Online: History

US CODE: Title 17,117. Limitations on exclusive rights: Computer programs

U.S. Copyright Office - Anticircumvention Rulemaking

Library Digitization Projects and Copyright - Part II - Expiration of Works into the Public Domain | LLRX.com

Welcome to the Digital Future Coalition

Digital Future Coalition

Digital Future Coalition

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