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Category Archives: Intellectual Property

Obstacles to Use of Orphan Works

Whose Work Is It, Anyway? – “The use of ‘orphan works’ of art and literature, whose creators cannot be identified, puts scholars and artists at odds over changes in copyright law.” Related references: Tobe Liebert’s article, The Problem of Orphan Works, published on LLRX.com, May 15, 2005. Solum, Lawrence B., The Future of Copyright, Texas… Continue Reading

Web Archives Provide Sources for Discovery

Today’s Wall Street Journal featured a front page article ($), Lawyers’ Delight: Old Web Material Doesn’t Disappear – Wayback Machine and Google Archive Billions of Pages, Including Deleted Ones, which is worth review. It focuses on how old web pages available from the Internet Archive and cached pages from Google can be of particular value… Continue Reading

Supreme Court Rules Against P2P File Sharing Services

Metro-Goldwyn-Mayer Studios v. Grokster, LTD., Argued March 29, 2005, Decided June 27, 200. Opinion author: Souter “Held: One who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, going beyond mere distribution with knowledge of third-party action, is… Continue Reading

Enforcement of U.S. Intellectual Property Rights Abroad Remains Weak

Intellectual Property: U.S. Efforts have Contributed to Strengthened Laws Overseas, but Significant Enforcement Challenges Remain GAO-05-788T, June 14, 2005. Highlights: “U.S. efforts have contributed to strengthened intellectual property legislation overseas, but enforcement in many countries remains weak, and further U.S. efforts face significant challenges. For example, competing U.S. policy objectives such as national security interests… Continue Reading

Extensive Coverage of Supreme Court’s Review of File Sharing

From News.com, Supreme Court may redefine file swapping From AP, High Court Hears Arguments on File-Sharing Technology From SCOTUSBlog, Court conflicted over file-swapping From Technology Daily, Attorneys for the entertainment industry and file-sharing companies square off in a pivotal intellectual property case From the New York Times, Justices Seem Responsive to Arguments on File Sharing… Continue Reading

USPTO Initiative to Stop Piracy

“The Strategy Targeting Organized Piracy (STOP!) is the most comprehensive initiative ever advanced to smash the criminal networks that traffic in fakes, stop trade in pirated and counterfeit goods at America’s borders, block bogus goods around the world, and help small businesses secure and enforce their rights in overseas markets.” [Link] See also the USPTO… Continue Reading

New Non-Partisan PAC on IP Launched Online

This Wired article profiles the recently launchedIPac, whose mission is described as follows: “We believe that technological innovation and individual creativity are vital to the future of this country. We believe that a prosperous and democratic society depends on freedom for all individuals to pursue scientific invention and artistic expression. Unfortunately, new intellectual property laws… Continue Reading