Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Category Archives: Intellectual Property

Publishers Escalate Legal Battle Against ResearchGate

Inside Higher Education: American Chemical Society and Elsevier are again suing academic networking site ResearchGate in an attempt to stop it distributing copyrighted research papers.

“ResearchGate, a popular for-profit academic social network that makes it easy to find and download research papers, is facing increasing pressure from publishers to change the way it operates. On Tuesday, the American Chemical Society and Elsevier, two large academic publishers, launched a second legal battle against the Berlin-based social networking site — this time not in Europe, but in the U.S.The publishers accuse ResearchGate of “massive infringement of peer-reviewed, published journal articles.” They say that the networking site is illegally obtaining and distributing research papers protected by copyright law. They also suggest that the site is deliberately tricking researchers into uploading protected content. A spokesperson for ResearchGate declined to comment on the accusations. The court documents, obtained by Inside Higher Ed from the U.S. District Court in Maryland, include an “illustrative” but “not exhaustive list” of 3,143 research articles the publishers say were shared by ResearchGate in breach of copyright protections. The publishers suggest they could be entitled to up to $150,000 for each infringed work — a possible total of more than $470 million…”

Open Data, Grey Data, and Stewardship: Universities at the Privacy Frontier

Borgman, C. L. (2018). Open Data, Grey Data, and Stewardship: Universities at the Privacy Frontier. Berkeley Technology Law Journal, 33(2), 287–336. “As universities recognize the inherent value in the data they collect and hold, they encounter unforeseen challenges in stewarding those data in ways that balance accountability, transparency, and protection of privacy, academic freedom, and… Continue Reading

Image rights metadata in Google Images

Google Blog: “As part of a collaboration between Google, photo industry consortium CEPIC, and IPTC, the global technical standards body for the news media, you can now access rights-related image metadata in Google Images. It’s traditionally been difficult to know the creator of images on the web, as well as who might own the rights.… Continue Reading

Security Risks of Government Hacking

Schneider on Security: “Some of us — myself included — have proposed lawful government hacking as an alternative to backdoors. A new report from the Center of Internet and Society looks at the security risks of allowing government hacking. They include: Disincentive for vulnerability disclosure Cultivation of a market for surveillance tools Attackers co-opt hacking… Continue Reading

The Story of the American Inventor Denied a Patent Because He Was a Slave

The Story of the American Inventor Denied a Patent Because He Was a Slave, Paleofuture (Aug. 28, 2018) Brian L. Frye “The world of invention is famous for its patent disputes. But what happens when your dispute wasn’t with another inventor but whether the Patent Office saw you as a person at all? In 1864, a… Continue Reading

Federal judge blocks publication of 3-D printed gun blueprints

Washington Post: “A federal judge ruled in favor of more than a dozen attorneys general on Monday to block the release of blueprints for 3-D printed firearms online. The Seattle court order effectively criminalized publication of the gun design files, banning Texas-based company Defense Distributed from posting them on the Internet. The decision presents a new hurdle in the company’s fight to make… Continue Reading

Intellectual Property Fair Use For Me, But Not For Thee

Above the Law – Fair use is for everyone and benefits rightholders just as it benefits consumers. “A common misconception about fair use in copyright law is that it is relied upon solely by consumers. The reality, however, is that everyone uses fair use, including large rightholders like movie studios and publishers. Even while rightholders… Continue Reading

New on LLRX – The 6 Types Of Cyber Attacks To Protect Against In 2018

Via LLRX – The 6 Types Of Cyber Attacks To Protect Against In 2018 – Lizzie Kardon’s article is a timely guide to the different methods by which cyber attacks are launched and the tools used to deliver them. As the goals and objectives for such attacks differ, it is critical to employ accurate and… Continue Reading

GAO – Urgent Actions Are Needed to Address Cybersecurity Challenges Facing the Nation

Urgent Actions Are Needed to Address Cybersecurity Challenges Facing the Nation, GAO-18-645T: Published: Jul 25, 2018. Publicly Released: Jul 25, 2018. “GAO has identified four major cybersecurity challenges and 10 critical actions that the federal government and other entities need to take to address them. GAO continues to designate information security as a government-wide high-risk… Continue Reading

EU – 3D printing: sorting out the legal issues

EU Parliament News: “3D printing is transforming how products are made, but many legal issues such civil liability and intellectual property rights still need to be clarified. Additive manufacturing, commonly known as 3D printing, is changing how products are designed, developed, manufactured, and distributed. By 2021, the 3D printing market could be worth €9.6 billion,… Continue Reading

EU Member States agree on monitoring & filtering of internet uploads

EDRI: “On 25 May, the European Council agreed to a negotiating position on the draft copyright directive. This  will allow the presidency of the Council to start negotiations with the European Parliament on mass monitoring and filtering of internet uploads and a chaotic new “ancillary copyright” measure that will make it harder to link to… Continue Reading

Big banks including JPMorgan Chase, Bank of America, Citigroup and Goldman Sachs say their legal costs are tumbling

BizJournals: The nation’s largest banks — and public companies, for that matter — are preparing for a timeout from the courtroom following years of being pummeled by shareholder and investor lawsuits in the wake of the Great Recession. At the end of 2017, the country’s largest banks collectively decreased their estimates for future legal costs… Continue Reading