Catch-Up: INTELLECTUAL PROPERTY

(The explanation of "Catch-Up" is here.)

INTELLECTUAL PROPERTY  

• Piracy, Counterfeiting, Web Domains & the Evolution of Property Rights, Digital Society, 21 Dec. 2010 (Blog). Combatting content piracy and counterfeit goods via payments systems and Internet infrastructure – S.3804.
• Self-Help Copy Protection (Oh, the Inhumanity!), Digital Society, 11 Dec. 2010 (Blog). Substituting a vuvuzela for the expected content.
• Intellectual Property: More on S.3804, Digital Society, 10 Dec. 2010 (Blog).  S.3804 - The Leahy Amendment and the effort to combat content piracy and counterfeit goods via payments systems and Internet infrastructure.
• Intellectual Property & the Leahy Bill, Digital Society, 9 Dec. 2010 (Blog).  S.3804 - The Leahy Amendment and the effort to combat content piracy and counterfeit goods via payments systems and Internet infrastructure.
• Protecting Property on the Internet , J. V. DeLong, The American, Dec. 8, 2010 (Article). Free speech does not include the right to shout, ‘Fake goods here!’ in a crowded digital marketplace.

• Intellectual Property: “Winter is Coming”, Digital Society, 8 Dec. 2010 (Blog). Importance of property rights to artistic achievement.
• Intellectual Property: ICE-ing Up, Digital Society, 3 Dec. 2010 (Blog). Government seizure of pirate and counterfeit web domains.
• Tiffany v. eBay: Decision day at SCOTUS, Digital Society, 1 Dec. 2010 (Blog). Is eBay responsible for counterfeit goods?
• China & Intellectual Property, Digital Society, 22 Nov. 2010 (Blog). Notice of a session on session on China and IP with Fuli Chen, Intellectual Property Rights Attache for the Chinese Embassy to the United States.
• Comment in response to Department of Commerce, Inquiry on Copyright Policy, Creativity, and Innovation in the Internet Economy, filed Nov. 19, 2010, James DeLong on behalf of Digital Society. Comment was requested on “the challenges of protecting copyrighted works online and the relationship between copyright law and innovation in the Internet economy.”
• Internet Policy Task Force – Internet Inquiry, Digital Society, 19 Nov. 2010 (Blog). Link to the Digital Society comments filed with the DOC.
• Copyright & the Leahy Bill, Digital Society, 17 Nov. 2010 (Blog). S.3804, Combating Online Infringement and Counterfeits Act.
• Community Values, Digital Society, 15 Nov. 2010 (Blog). The Oracle-Google patent dispute over Android.
• Copyright & Righthaven, Digital Society, 4 Nov. 2010 (Blog). Enforcement by bounty hunters.
• Coming to a Supreme Court Near You – Inducing Infringement, Digital Society, 12 Oct. 2010 (Blog). SCOTUS granted cert to address the standard necessary for a court to find that a defendant has induced patent infringment. Relevant to copyright cases, too. 
• Copyright Infringement, Digital Society, 8 Oct. 2010 (Blog). Interesting session on copyright.
• Software Patent Wars, Digital Society, 5 Oct. 2010 (Blog). Comment on the increase in patent litigation.
• Nashville Cats, Digital Society, 4 Oct. 2010 (Blog). Report on the Nashville Music Summit.
• Nashville Bound for the Music Summit, Digital Society, 27 Sept. 2010 (Blog). Links to the work by Alec van Gelder and Mark Schultz on the Nashville model and its relevance to the use if IP rights in the underdeveloped world.
• Property Rights in Content – Coming Soon to a Computer Near You, Digital Society, 23 Sept. 2010 (Blog). Content providers are coming to the conclusion that they must pull back from the open web, making content available only to those who pony up.
• Software & First Sales, Digital Society, 14 Sept. 2010 (Blog). In Vernor v. Autodesk, the U.S. Court of Appeals for the Ninth Circuit ruled that Autodesk’s software licensing agreement (SWA) trumps the copyright doctrine of “first sale.” 
• Copyright, Live Performance, and Artistic Business Models, Digital Society, 10 Sept. 2010 (Blog). Mark Schultz’ 2009 article on Live Performance, Copyright, and the Future of the Music Business takes on the idea that artists can make a living out of ancillary revenues.  
• Filesharing in Underdeveloped Nations: Let’s Take from the Poor and Give to the Rich, Digital Society, 6 Sept. 2010 (Blog). The importance of property rights in the underdeveloped world.
• Good Heavens! Paid Content! Digital Society, 2 Sept. 2010 (Blog). Points to “an Internet session put on by a patent expert, complete with background materials distributed in pdf, for a charge, as a commercial venture.”
• Protecting Intellectual Property – Triton, Digital Society, 30 Aug. 2010 (Blog). Litigation over definitions of “contributory copyright infringement” and “inducing infringement.”
• Oracle, Google, Patents, & Open Source Software, Digital Society, 24 Aug. 2010 (Blog). Oracle’s patent infringement lawsuit against Google involves intersecting complexities of patent doctrine, computer coding, open source software licenses, and the shifting tectonics of the smartphone market.
• Wrong Turn on Performance Rights for Music, Digital Society, 19 Aug. 2010 (Blog). A truly bad idea: a law requiring FM radio chips in smartphones.
• Developing Nations and Intellectual Property, Digital Society, 29 July 2010 (Blog). The Rand Corporation has released Intellectual Property and Developing Countries: A review of the literature (2010).
• Google Thoughts on the News Business: Of Cups Half Full & Half Empty, Digital Society, 26 July 2010 (Blog). GOOG’s comments to the FTC on the future of journalism.
• What Google Can Learn From Microsoft, Digital Society, 21 July 2010 (Blog). How Microsoft’s Windows Principles are applicable to GOOG search.
• Polluting the Stream of Creativity, Digital Society, 19 July 2010 (Blog). Articles are being turned out that simply maximize the number of key words used.
• Papering over the Problem, Digital Society, 14 July 2010 (Blog). Ye good olde days of journalism were pretty bad, and the last thing we need is government subsidies to bring them back.
• Creative Content Needs Functioning Markets, Digital Society, 13 July 2010 (Blog). never before have we had such total technological disruption of functioning markets, with a corresponding disruption of legal rules that were designed to fit the old technologies.
• Catching Flies, Digital Society, 7 July 2010 (Blog). Litigation over the hot news doctrine.
• The Trouble With Wikipedia, Digital Society, 1 July 2010 (Blog). Why Wikipedia gets a better press than it deserves.
• Bilski Bullet Dodged, Digital Society, 28 June 2010 (Blog). SCOTUS takes up major patent issues, and does nothing.
• YouTube Gets the Power of Eminent Domain, Digital Society, 26 June 2010 (Blog). A judge decides that the safe harbors built into the Digital Millennium Copyright Act give YouTube the right to operate a business model based on  having users engage in unauthorized uploading of copyrighted material to which YouTube can attach advertising.  
• Business Models, Digital Society, 21 June 2010 (Blog). A new business model for content.
• Its Not Complicated, Digital Society, 12 June 2010 (Blog). The immorality of the free culture movement.
• Blowing the Call: FCC Take Note, Digital Society, 3 June 2010 (Blog). The bad no-hitter call and Net Neutrality.
• Adding Value on the Internet, Digital Society, 8 June 2010 (Blog). Economist/columnist/blogger/ex-TreasuryGuyBruce Bartlett has started Bartlett’s Notations.
• Disestablishmentarianism: Reject the Proposed Google Book Settlement, Digital Society, 28 May 2010 (Blog). More reluctant recommendation.
• Googling the Book Settlement, J. V. DeLong, The American, May 26, 2010 (Article). An analysis of the GBS and a reluctant recommendation for rejection.
• Dual Use Technologies, Digital Society, 24 May 2010 (Blog). New case on “dual-use” goods or services, which can be used both in harmful and legitimate ways by end users.
• Help Wanted, Digital Society, 21 May 2010 (Blog). EFF defends BitTorrent pirates.
• Laying Waste with Fire & Sword, Digital Society, 20 May 2010 (Blog). PFF goes after the free culture movement.
• Public Knowledge’s Copyright Reform Project, Digital Society, 18 May 2010 (Blog). A major premise underlying the PK effort is misguided, which skews the whole effort.
• Free Culture Salad, Digital Society, 12 May 2010 (Blog). A property rights parable.
• Danger! Media at Work, Digital Society, 10 May 2010 (Blog). One problem (of many) with the MSM.
• Subtracting from the Sum of Human Knowledge*, Digital Society, 8 May 2010 (Blog). A difficulty in dealing with the Free Culture Movement is that its paladins are skilled propagandists, expert at feeding buzzwords into the discussion stream and at making it somehow vulgar to disagree with them and to support the firms and people who actually do the work of the nation.
• The Free Culture Movement – Artistic License, Digital Society, 6 May 2010 (Blog). Examining the positions of the Free Culture Movement, as represented by the Free Press, Public Knowledge, the Berkman Center,the Electronic Frontier Foundation, and others of similar ilk is like viewing a totally abstract painting – I cannot orient myself to reality.
• Intellectual Property & the Economy, Digital Society, 30 April 2010 (Blog). Competing visions about the importance of intellectual property protection to the economy.
• Intellectual Property Rights & Economic Development, Digital Society, 29 April 2010 (Blog). Discussion of Nashville in Africa:  Culture, Institutions, Entrepreneurship and Development (Nov. 2008).
• More on the Hitler Rants, Digital Society, 26 April 2010 (Blog). More on IP rights and parody.
• Achtung! Digital Society, 23 April 2010 (Blog). IP and parody.
• The News Biz: Don’t Be Happy, Worry, Digital Society, 22 April 2010 (Blog). Eric Schmidt assures newspapers that they have a future and Google is their friend. I doubt both propositions.
• More on Counterfeiting & Piracy, Digital Society, 16 April 2010 (Blog). Follow up to the day-before post on GAO.
• GAO Report on Counterfeit and Pirated Goods, Digital Society, 15 April 2010 (Blog). In October 2008, Congress directed GAO “to provide information on the quantification of the impacts of counterfeit and pirated goods.” GAO has now reported: The conclusion: Who knows? The data is no good and the methodology non-existent.
• Britain’s Digital Economy Bill, Digital Society, 10 April 2010 (Blog). Britain and online piracy.
• Margin of Error: Against a Persistent and Pernicious Fallacy, AEI Enterprise Blog, Jan. 29, 2010 (Blog). The error of applying marginal cost thinking to intellectual property.