Intellectual Property

Intellectual Property

OSM Conflicted with PRI

search-engines-web writes "OSM Media LLC returned to its old name after discovering that Public Radio International already distributes an hour-long radio show called Open Source, from a production company that goes by Open Source Media Inc. See also previous LISnews story."

EFF says DMCA Rulemaking Is Broken

Seth Finkelstein writes "EFF says: "December 1 is the last day to submit proposals (by 5p EST) to the
Copyright Office seeking a 3-year DMCA exemption for noninfringing
activities that are otherwise squelched by "digital rights management"
(DRM) restrictions. ... This year, we are not submitting any
proposals. Where consumer interests are concerned, the rulemaking
process is simply too broken. ... We have assembled a
short report documenting why we believe the process is so broken that we
have decided not to propose any exemptions this time. (We may support
narrower, non-consumer proposals made by others during the reply
period, which closes on Feb. 2, 2006.)""

Evolutionists Are Wrong!

Story at

Where are the copyright liberals when right-wing conservatives need us?

Last week, the National Academy of Sciences, or NAS, joined with the National Science Teachers Association, or NSTA, to tell the Kansas State Board of Education that it would not grant the state copyright permission to incorporate its science education standards manuals into the state's public school science curriculum because Kansas plans to teach students that "intelligent design" is a viable alternative theory to evolution. Kansas is scrambling to rewrite its proposal to win over the NAS and NSTA. Read the rest of the story at

What's So Eminent About Public Domain?

Reason Magazine Writer Tim Lee says the copyright lobby makes a dubious case for IP protection. Copyright holders have been batting a thousand at the Supreme Court over the last decade. So why the complaints? The PRA and its allies know the real copyright debate isn't about whether intellectual property should be protected (virtually everyone agrees that it should) but over recent attempts to expand copyright far beyond its traditional boundaries. Those expansions are hard to defend, so copyright hawks are doing their best to change the subject.

Nova Scotia students lobby against anti-cheating site

slashgirl writes, "I'm almost embarrassed to submit this, given that, apparently, university students in NS don't even know what the word plagiarism means.

From the article: 'The students' union at a Nova Scotia university is lobbying to prevent students' academic papers from being passed through a website designed to catch cheaters.

"They are going to be assumed guilty until they are otherwise proven innocent," said Chantal Brushett, president of the students' union at Mount Saint Vincent University.

"All of a sudden they're being accused of plagiarism when they don't even know what the word plagiarism means. I want a front-end approach, as opposed to a back-end approach."

The rest of this sad story is here."

1st Story Line Patent Application Published

Brian G. writes "It appears that potentially the United States Patent & Trademark Office and our court system may be deciding the future of literature, movies, and other forms of entertainment. A person has filed a patent application for a specific storyline.

The published application can be viewed at the USPTO web site.

See some on going commentary and discussion at Groklaw ."

Googlization: proceed cautiously and hire lawyers!

Cortez writes "Why do I think these projects will keep a lot of lawyers busy for a lot of years?
"The plan for the Google Print Library envisioned that Internet users would be able to browse or print out the 'entirety' of books in the public domain, but books still under copyright could be accessed only in 'snippets'. Should a copyrighted book still be in print, Google would tell users where they could buy it.
But publishing groups challenged Google’s position that the fair-use doctrine of copyright law allows for digitization of entire works.
“The Association of Learned and Professional Society Publishers calls on Google to cease unlicensed digitization of copyright materials with immediate effect, and to enter into urgent discussions with representatives of the publishing industry in order to arrive at an appropriate licensing solution...,� Sally Morris, chief executive of that association, said in a July statement.""

AAP Position Paper on Scanning From 1994

You probably know by now The AAP is Suing Google "over its plans to digitally copy and distribute copyrighted works without permission of the copyright owners."
I was digging around for something else last night and ran across something interesting, from 1994: "AAP Position Paper on Scanning".Their conclusion (11 years ago):

"The AAP recognizes that there are acceptable uses of
scanning technology. We are concerned, however, that many of the
activities for which scanning is now being used are not among
them, but are instead infringements. The very attributes of
simplicity, rapidity, fidelity, and breadth of distribution and
display that attract users to scanning are hallmarks of its
potential to devastate the creative works that are the subject of
the scanning. They are also indicators that scanning of
copyrighted works, if undertaken without permission, is usually
illegal. For this reason, individuals and organizations using
scanning technology are urged to exercise caution to ensure
respect for the copyright law, and to educate themselves and
their patrons, students, faculty and other users."

New Blackboard Tool: One Step Closer To The End Fair Use

Inside Higher Ed. has an interesting one on a move by Blackboard to integrate a "Copyright Permissions Building Block." The author, Tarleton Gillespie, is skeptical of whether this “easy thing� actually leads to the “right thing.� Making copyright clearance work smoothly overlooks the question of whether we should be seeking clearance at all — and what should instead be protected by the copyright exception we've come to know as "fair use."The automation of copyright clearance now being deployed will work against this, continuing to shoehorn scholarship into the commercial model of information distribution, and erase the very question of what fair use was for — not by squelching it, but simply by making it easier not to fight for it and harder to even ask if there’s an alternative."

Library of Congress: Most sound recordings aren't available

Jet sent over One found on BoingBoing.

A new study from the Library of Congress. concludes that the majority of US sound recordings are not available. While there is no reason to assume that the law intended to create or sustain such an imbalance between the private and public domains, the evidence suggests that it has, in fact, created such an imbalance. This study indicates that there is an active and hardy network of foreign and small domestic companies, associations, and individuals willing to make historic recordings available; indeed, some do this in spite of laws that force them underground or overseas.

Jordan National Library Deals with More than 1270 Copyright Cases

News From Jordan:Head of the National Library Dr Mamoun Talhouni said on Monday that the number of copyright infringement cases, which the Library dealt with reached up to 1270 within the last five years.

Talhouni speaking at the Intellectual Property Rights (IPRs) seminar organized by the Association of Arab Private Institutions for Higher Education added that there is a serious work concerning this issue.

Using "Secret Shoppers", MS Launches Software Piracy Suits writes "Red Herring has more as does PR News Wire
Microsoft responds to consumer leads from its anti-piracy hotline --
1-800-RU-LEGIT -- by gathering evidence against alleged software pirates
through test purchases done by "secret shoppers." This program allows the
company to selectively purchase and test the authenticity of software being
distributed in the marketplace. Customers can also share information with
Microsoft about sources of counterfeit and/or infringing software through
Microsoft's newly launched Windows(R) Genuine Advantage (WGA) program."

Would Libraries Exist? Debating copyright at the Canadian Council of Federal Libraries (CFL) Annual

Russell McOrmond writes "On September 14, 2005 there was a panel at the Council of Federal Libraries (CFL) Annual Fall Seminar. The moderator was Steven M/ Cohen from PubSub Concepts Inc. and, who BLOGGED the event. I was one of the other participants, and also BLOGGED the event.

Steven asked:

Considering all of the current legal issues surrounding copyright and IP, if libraries didn't theoretically exist until 2005 (so, no libraries up until today), would they be able to get off the ground? Could they thrive?"

FreshPatents - Track new patents and technologies

Jay writes " provides the latest published US patent applications each week BEFORE the USPTO makes a decision to either to grant or deny the patent being considered in the patent application.
It is possible to integrate into your RSS reader/aggregator or website to track weekly updates by receiving the RSS feeds of new patent applications. Use
XML and paste it into your feed reader or subscribe to the feeds in your bloglines Bloglines."

Student Sues Paper Mills

News from The Chronicle today on a lawsuit filed by a graduate student against three online paper mills for offering her paper without permission. Librarians usually have run-ins with paper mills when investigating student plagiarism, but in this case the paper mills themselves are apparently the offenders. With the advances in open course contents and open access publishing, this case could set a precedent.

Know Your Mountweazels

The New Yorker has an amusing little piece about the quest to identify the fake entry in the recently published second edition of the New Oxford American Dictionary (NOAD).

"It was an old tradition in encyclopedias to put in a fake entry to protect your copyright," says Richard Steins, one of the editors of the 1975 edition of the New Columbia Encyclopedia. The idea was that if your planted entry showed up in some other reference work without attribution, you knew your work had been lifted.

The tradition has been revived and adopted by NOAD; when word leaked out that the new edition contained a fake entry starting with "e," a team of word sleuths were hot on the trail. They narrowed the field of suspects from 3,128 to six, then zeroed in on the culprit.

Read all about how one investigator and nine lexicographical authorities found their Mountweazel.

(Thanks to A Capital Idea for the pointer.)

Bloggers Cautioned About Being Copy Cats

Wouldn't it be funny if I just posted this entire E-Commerce Times Article on intellectual property? No, probably not, might be ironic though. In any case, John P. Mello Jr. has a good introduction to intellectual property, Fair-Use, Copyright, The Public Domain and blogging. He says Misconceptions of Internet users also play a role in perpetrating copyright infringement on the Web -- especially the idea that because something is on the Net, real-world rules don't apply to it.
Link stolen from Steven M. Cohen, but my post is much funnier than his, and I'm better looking too.

Whose Work Is It, Anyway?

The Chronicle Of Higher Ed. looks at 'orphan works', works of art and literature, whose creators cannot be identified.
This week, at the urging of prominent legal scholars, academic-library organizations, technology companies such as Google and Microsoft, and many other interested parties, the U.S. Copyright Office is holding a series of hearings to determine whether copyright law should change to allow for more liberal use of orphan works.

Scholars and others weighed in earlier this year, filing comments on the issue with the copyright office in anticipation of the hearings. The American Historical Association, for example, noted that orphan works had become a problem for scholars, "hampering the historian's ability to work with the raw materials of history."

Celebrate Fair Use Day!

Anonymous Patron writes "Fair use rights have been under siege for a long time and from every direction. Some times it seems that almost anyone who makes or sells anything wants to eliminate another piece of fair use rights for their own gain. Manufacturers of cars and printers, media corporations, even garage door opener company's have tried to undermine fair use, often by hiding behind the DMCA.

We think fair use should have it's own "Day", a day to celebrate Fair Use in any lawful way you wish. Exercise your fair use rights or contact a corporation or government of your choosing and let them know you want fair use rights and you want them protected - demand your fair use rights! Use what ever means you have available: phone, email, smoke signals, snail-mail, etc."

The Entertainment-Copyright Complex

David Rothman writes "The phrase is etched into the brain of every sixties-era protester--"Military-Industrial" complex. None other than Dwight Eisenhower warned against letting the Complex exercise undue influence over universities and the rest of American society. Is it time to coin a new phrase, "Entertainment-Copyright Complex," given the ability of Hollywood to get unpopular laws passed at the expense of the Internet, libraries, education, academia and society at large? More at TeleRead."


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