iPad in 2001 in 1968?
Samsung Cites “2001: A Space Odyssey” as Prior Art Against iPad Design Patent. Via fosspatents blog. Apple owns a design patent on the appearance of the iPad, and is attempting to enjoin Samsung from...
View ArticleReclaiming the Rights to Classic Rock
The Copyright Act of 1976 allows artists to Reclaim Copyrights after 35 years (starting with works created after January 1, 1978). In 2013, we will start to see the first effects of this provision of...
View ArticleSOPA / PIPA and the idiots we have elected to Congress
Our friend Wayne Ferrebee has authored a well-considered post on the controversial and fundamentally flawed Internet censorship legislation currently before the US Congress. He suggests that rather...
View ArticleMapping IP Law: Here Be Monsters
Prof. William Fisher has created some useful Maps of IP Law (open in Acrobat, not Preview). I came across Fisher’s maps while researching copyright misuse with my law-and-tech coconspirator coauthor...
View ArticleNebulous Fair Use Standard Stifles Speech
In Which I Reluctantly Side With Conventional Wisdom. Fair Use is a nebulous standard. This uncertainty discourages legitimate fair use of copyrighted works. When people can’t make a fair-use...
View ArticleThe non-copyrightable object of a culinary work
There is a low-grade but persistent dispute on whether recipes can be protected by copyright law. Unfortunately, the dispute is mostly just lawyers amusing themselves by arguing the semantics of...
View ArticleDisparaging Plaintiff as “Patent Troll” Can Backfire
Last week, a NY Federal Court was not sympathetic to defendants’ pleas that they were being harassed by a patent troll: Deluxe attempts to disparage MPV as “a non-practicing entity,” apparently hoping...
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