Intellectual Property

The Recording Industry Association of America (RIAA) has been taking a lot of people to court--basically, harassing folks in an attempt to curb file-sharing. The $220,000 verdict against Jammy Thomas got a lot of news (and probably worried a lot of folks). However, on appeal (i.e., after a new court not cherry-picked by the RIAA to try the case looked things over), the RIAA lost… again. ZDnet covered the verdict.

At its heart, the verdict reaffirms that simply making a copyrighted work available is not the… more

The Bayh-Dole Act of 1980 started out with the best of intentions. By clearing away the thicket of conflicting rules and regulations at various federal agencies, it set out to encourage universities to patent and license results of federally financed research. For the first time, academicians were able to profit personally from the market transfer of their work. For the first time, academia could be powered as much by a profit motive as by the psychic reward of new discovery...

...“Bayh-Dole tore down the taboos that… more

The easy knock on Tarleton Gillespie's Wired Shut: Copyright and the Shape of Digital Culture is that it seems dated. In walking the reader through the many issues and arguments of digital copyright, Gillespie focuses on three seminal attempts at Digital Rights Management -- the Recording Industry Association of America's failed Secure Digital Music Initiative, moviemakers' somewhat more successful efforts to lock down DVDs, and the major television networks' push to require "broadcast flags" on digital television signals. All… more

What would you do if a bully -- let's call him "Joey Giggles" -- kept snatching your ice-cream cone? OK, now what if Joey Giggles then told you, "If you pay me five bucks a month, I'll stop snatching your ice cream." Depending on how much you hate getting beaten up, and how much you love ice-cream cones, you might decide that caving in is the way to go. This is what's called a protection racket. It's also potentially the… more

The latest brouhaha over alleged copyright infringement on the Internet has pitted some of the biggest names in corporate America against each other: Viacom Inc. Chairman Sumner Redstone versus Google Inc. Chief Executive Eric Schmidt.

But you’d be wise to keep your eyes on two other guys who, in a small way, are helping to transform the media landscape: Christopher Allan Smith and Ryan Neisz.

They’re the creators and co-stars of an online comedy series called Snowmen Hunters, which was nominated… more

California's $3-billion stem cell program has encountered repeated setbacks since it was approved by voters 17 months ago. Now it faces an entirely new and potentially even more worrisome challenge arising from two powerful patents -- patents No. 5,843,780 and No. 6,200,806, to be exact -- which cover all human embryonic stem cells and the method by which they're made.

Patents are supposed to stimulate innovation. That's why they exist. But it appears that these two patents, held… more

It's a political tale as old as Capitol Hill: A lumbering industry selects a certain corporate-friendly party to be its Beltway patsy. In exchange for the requisite campaign donations and other perks, members of said party use their clout to push through the industry's legislative agenda--an agenda that would rip off consumers and harm the overall economy but enrich the corporate string-pullers immensely. Pundits and public-interest types grumble over the bald-faced cronyism, but as long as the money keeps flowing,… more

If Stevenson was correct in his reinterpretation of Goethe—“That which you inherit from your fathers/You must earn in order to possess”—then the efflorescence of digital technologies over the past twenty years is posing some unprecedented challenges to our democratic polity. The computer, the Internet and any other digital technologies are dramatically changing the character oforganizations, markets, the nation-state and the global economy. What is less clear is how the traditional rights and liberties of American citizens shall be re-interpreted inthe… more

When former antagonists Napster and Bertelsmann made friends a few months back, many assumed that the war between copyright and technology was over; that a workable scheme for protecting Intellectual Property in new media was on the horizon. Not so, argues Brendan Koerner: efforts… more

Several years ago I was driving cross-country from Washington to Berkeley. My D.C. license plates inevitably sparked interesting political discussions along the way, especially … more