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Category Archives: Intellectual Property

ABA Tech Report 2019

Tech Report 2019 – Cloud Computing – Law Technology Today: “…To keep it simple, the 2019 Legal Technology Survey has focused on the basic concept of a “web-based software service or solution,” including SaaS. In practical terms, you can understand cloud computing as software or services that can be accessed and used over the internet using a browser (or, commonly now, a mobile app), where the software itself is not installed locally on the computer or phone being used by the lawyer accessing the service. Your data are also processed and stored on remote servers rather than on local computers and hard drives. Cloud applications might also be referred to as “web services” or “hosted services.”  Cloud services might be hosted by a third party (most commonly Amazon or Microsoft) or, more commonly in the legal profession, by a provider running its services on Amazon, Microsoft, or another cloud data center provider. It’s also possible, though unlikely, that a law firm could host and provide its own private cloud services…The 2019 Legal Technology Survey shows that for a small, but slowly growing, majority of lawyers and firms, cloud services are now part of the IT equation. Overall, reported growth in cloud use stayed relatively flat in 2019. The continuing lack of actual attention to confidentiality, security, and due diligence issues, however, remains a serious and disturbing concern, especially with the growth in mobile apps running on cloud services. The results on security procedures will continue to fuel client concerns about whether their outside law firms are making adequate efforts on cybersecurity, and the numbers indicate that they should be worried…”

The Misadventure of Copyrighting State Law

Johnson, Eric E., The Misadventure of Copyrighting State Law (2019). Kentucky Law Journal, Vol. 107, No. 4, 2019. Available at SSRN: https://ssrn.com/abstract=3446229 – “Many states have asserted copyright over their own official state legal texts, limiting access to those materials and attempting to monetize them. This Article aims to provide helpful analysis for state officials deciding… Continue Reading

AAP Suit Seeks to Block Implementation of Audible Captions

Publishers Weekly – “The Association of American Publishers filed suit on August 23 in the U.S. District Court for the Southern District of New York in a bid to stop Audible from moving ahead with its plans to implement its Audible Captions program. Under Captions, Audible will transcribe a book’s audio in order to create… Continue Reading

WIPO Global Brand Database

“…The WIPO IP Portal is a new WIPO initiative aimed at harmonizing our services and simplifying your work. It is a one-stop shop for our full range of online intellectual property (IP) services. The underlying business processes will stay the same, so the way you conduct your interactions with WIPO will not change…Perform a trademark… Continue Reading

The Internet Relies on People Working for Free

Medium – Who should be responsible for maintaining and troubleshooting open-source projects? – “…It’s hard to demand that programmers who are working for free troubleshoot problems or continue to maintain software that they’ve lost interest in for whatever reason — though some companies certainly try. Not adequately maintaining these projects, on the other hand, makes the… Continue Reading

Why Angry Librarians Are Going to War With Publishers Over E-Books

Slate – “If I wanted to borrow A Better Man by Louise Penny—the country’s current No. 1 fiction bestseller—from my local library in my preferred format, e-book, I’d be looking at about a 10-week waitlist. And soon, if the book’s publisher, a division of Macmillan, has its way, that already-lengthy wait time could get significantly… Continue Reading

Appeals court rules web scraping doesn’t violate anti-hacking law

arstechnica: “Scraping a public website without the approval of the website’s owner isn’t a violation of the Computer Fraud and Abuse Act, an appeals court ruled on Monday. The ruling comes in a legal battle that pits Microsoft-owned LinkedIn against a small data-analytics company called hiQ Labs. HiQ scrapes data from the public profiles of… Continue Reading

Our past on the internet is disappearing before we can make it history

Lapham’s Quarterly – Please, My Digital Archive. It’s Very Sick. “Digital history isn’t history at all—until, without warning, it is. In an age in which any internet user is a creator-in-the-making, reaching a handful of virtual friends or entire corners of the web in a moment’s notice, the line between archive-worthy material and the detritus… Continue Reading

Tech Paging Big Brother: In Amazon’s Bookstore, Orwell Gets a Rewrite

The New York Times – As fake and illegitimate texts proliferate online, books are becoming a form of misinformation.The author of “1984” would not be surprised. “I started browsing Orwell on Amazon after writing about the explosion in counterfeit books offered by the retailer. The fake books appeared to help Amazon by, for example, encouraging publishers… Continue Reading

The Decline of Online Piracy: How Markets Not Enforcement Drive Down Copyright Infringement

Quintais, João and Poort, Joost, The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement (August 14, 2019). American University International Law Review, Vol. 34 , No. 4, pp. 807-876 (2019). Available at SSRN: https://ssrn.com/abstract=3437239 “This article deals with the acquisition and consumption of music, films, series, books, and games… Continue Reading