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Entries from August 2011

Another Terrible Trademark Question

August 26th, 2011 · 1 Comment

The Terrible Towel trademark is on the move again.
The Terrible Towel is a Pittsburgh Steelers tradition.  It’s a piece of cheap yellow (or gold) terrycloth emblazoned with a “Terrible Towel” (TT) logo; Steelers fans twirl the towels by the thousands whenever and wherever the team plays.
Earlier this year, when the owner of the TT mark [...]

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Tags: Trademark Law

Changing IP

August 24th, 2011 · 4 Comments

I saw a paper recently that made an argument of a familiar sort: 
Business and technology are changing the nature of X artifact that has been the object of regulation via IP.  How we think about and apply relevant IP needs to change as well.  In this case, the argument was about books becoming e-books, and [...]

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Tags: Intellectual Property Law

Puzzling Thoughts About IP

August 24th, 2011 · 3 Comments

Does anyone know anything about IP rights (or lack thereof) in the jigsaw puzzle industry?
My son has recently become enamored with 3D puzzles and is currently working on a world globe like this one.  So I was wondering if the jigsaw puzzle companies typically assert any IP rights in these creations.  Obviously images on puzzles [...]

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Tags: Art and Politics · Copyright Law · Intellectual Property Law

Termination Rights and Master Recordings

August 18th, 2011 · No Comments

The NYTimes carried a number of pieces recently about surging interest in terminations of transfers of copyright interests, as the window of opportunity for terminations of rights executed just after the current Copyright Act took effect, in 1978, opens.  A lot of popular music released in the late 1970s is still commercially valuable today (who [...]

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Tags: Copyright Law

You know the copyright lobby is doing its job when ….

August 14th, 2011 · No Comments

This morning as I was being ordered by my four year old to put on her Little Mermaid video, she explained to me:  ”Mommy, you don’t copy this DVD or you go in jail.”  I’d say the content industries’ message is getting through loud and clear.

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Tags: Art and Politics · Copyright Law · Intellectual Property Law

“This Is the (Remix of the) Remix”

August 10th, 2011 · No Comments

Pitchfork has an article about the Tesla Orchestra, a group of people looking to share their love of Tesla coils by using them to play musical tracks.  Tesla coils, to refresh your memory of high school physics class, are disruptive discharge transformer coils that shoot out bolts of electricity.   In its Open Spark Project, The [...]

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Tags: Copyright Law · Law & Technology · Online Norms and Culture

In case you have been waiting for Mark Cuban to fix our patent system…

August 8th, 2011 · No Comments

Yesterday, Mark Cuban, the very visible(, entrepreneurial, notorious) owner of the Dallas Mavericks and Chairman of HDNet, weighed in on patent reform.  His comments were posted on The Huffington Post here.

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Tags: Law & Technology · Patent Law

We are all trolls now…

August 7th, 2011 · No Comments

As I noted in prior posts on this blog, a key conclusion of my forthcoming article Patent Troll Myths is that patent plaintiffs that don’t make anything – pejoratively called “trolls,” get their patents from many companies that did attempt to make something (or from individuals). Thus, I argue that trolls are a mirror of [...]

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Tags: Intellectual Property Law · Law & Technology · Patent Law

Idea for In-Class Discussion of Protectable Cultural Expression

August 6th, 2011 · No Comments

I recently returned from our Summer Away program in Santa Fe, New Mexico.  While at the Taos Pueblo, I purchased a pot crafted by an Acoma artist at a small shop.  As I handed the money to the owner, she commented, “This artist has a patent on this design.  No one else can make pots [...]

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Tags: Commons · Ideas · Intellectual Property Law · Potential Exam Fodder

More Weekend Silliness

August 5th, 2011 · 3 Comments

While Bruce, in his last post, is lampooning Microsoft I started to think about more “annoying Microsoft” trivia.  Where, oh where, did the paperclip icon go??

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Tags: Just for Fun

Also Sprach Windows Vista

August 5th, 2011 · 1 Comment

Run program, HAL. HAL, run program. Hello HAL do you read me?
Affirmative, Dave, I read you.
Run program.
I’m sorry Dave, I’m afraid I can’t do that.
What’s the problem, HAL?
Dave, the publisher of that program cannot be verified. You should only run software from publishers you trust.
I installed that program myself, HAL.
This mission is too important for [...]

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Tags: Just for Fun

Avoiding Creativity

August 5th, 2011 · No Comments

From the WSJ blog “Digits” comes this note about the growth of video mashup art and its grudging but growing acceptance by rights owners. EFF’s Corynne McSherry is quoted:  ”‘Companies are realizing, sometimes reluctantly, sometimes all too slowly that, … you can’t fight new technologies,’ she says. ‘You need to adjust your business model to what’s [...]

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Tags: Copyright Law