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Category Archives: Intellectual Property

Open Intellectual Property Casebook

“Duke’s Center for the Study of the Public Domain is announcing the publication of Intellectual Property: Law & the Information Society—Cases and Materials by James Boyle and Jennifer Jenkins. This book, the first in a series of Duke Open Coursebooks, is available for free download under a Creative Commons license. It can also be purchased in a glossy paperback print edition for $29.99, $130 cheaper than other intellectual property casebooks. This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks—from logos to novels to drug formulae—and the exceptions and limitations that define those rights. It focuses on the three main forms of US federal intellectual property—trademark, copyright and patent—but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States. The book is intended to be a textbook for the basic Intellectual Property class, but because it is an open coursebook, which can be freely edited and customized, it is also suitable for an undergraduate class, or for a business, library studies, communications or other graduate school class. Each chapter contains cases and secondary readings and a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument to counseling clients about search engines and trademarks, applying the First Amendment to digital rights management and copyright or commenting on the Supreme Court’s new rulings on gene patents. Intellectual Property: Law & the Information Society is current as of August 2014. It includes discussions of such issues as the Redskins trademark cancelations, the Google Books case and the America Invents Act. Its illustrations range from graphs showing the growth in patent litigation to comic book images about copyright. The best way to get some sense of its coverage is to download it. In coming weeks, we will provide a separate fuller webpage with a table of contents and individual downloadable chapters. The Center has also published an accompanying supplement of statutory and treaty materials that is available for free download and low cost print purchase.”

Delaware first state to legislate issue of digital assets of the deceased

FindLaw: “Delaware has moved into the digital rights vanguard by passing a law granting families the right to control a loved one’s digital assets after his or her death. According to Ars Technica, Delaware is the first U.S. state to accomplish this kind of legislation, although some states (like Idaho and Nevada) have more limited versions of digitalContinue Reading

Uniform Fiduciary Access To Digital Assets Act – Draft

National Conference of Commissioners on Uniform State Laws, June 14, 2014 [snipped from Draft]: “The purpose of this act is to vest fiduciaries with the authority to access, control, or copy digital assets and accounts. It is important to understand that the goal of the Uniform Fiduciary Access to Digital Assets Act (UFADAA) is to removeContinue Reading

Stealing Trade Secrets and Economic Espionage: An Overview of 18 U.S.C. 1831 and 1832

CRS - Stealing Trade Secrets and Economic Espionage: An Overview of 18 U.S.C. 1831 and 1832. Charles Doyle, Senior Specialist in American Public Law. July 25, 2014. “Stealing a trade secret is a federal crime when the information relates to a product in interstate or foreign commerce, 18 U.S.C. 1832 (theft of trade secrets), or when the intended beneficiaryContinue Reading

EFF Publishes New Whitepaper on the Broken Penalty System

EFF – “Today, the House Judiciary Committee [held] a hearing on “remedies” in copyright law—that is, the penalties, injunctions, and other means of challenging and penalizing alleged infringement. This is hugely important: fixing copyright’s remedy provisions (like excessive, unpredictable monetary penalties and government seizures of domain names) is key to ensuring that copyright does its job—helpingContinue Reading

Collection Directions: The Evolution of Library Collections and Collecting

“Written by Lorcan Dempsey, Constance Malpas, and Brian Lavoie, “Collection Directions: The Evolution of Library Collections and Collecting” takes a broad view of the evolution of collecting behaviors in a network environment and suggests some future directions based on various simple models. A preprint of the article is available online. In this article, the authors look at the changing dynamicsContinue Reading

The World in 2025 – 10 Predictions of Innovation

“This paper is a compilation of 10 innovation predictions for the world in 2025, based on research done by Thomson Reuters analysts using the company’s patent and scientific literature solutions. In some cases, the analysts found a growing body of work that gave additional credence to the prediction. In others, the topic was still emerging.Continue Reading

New GAO Reports – Afghanistan, Bulk Fuel Pricing, E-Health Records, Littoral Combat Ship, Software Licenses

AFGHANISTAN: Kabul Embassy Construction Costs Have Increased and Schedules Have Been Extended, GAO-14-661R: Published: Jul 8, 2014. Publicly Released: Jul 8, 2014. BULK FUEL PRICING: DOD Needs to Reevaluate Its Approach to Better Manage the Effect of Market Fluctuations, GAO-14-595: Published: Jul 8, 2014. Publicly Released: Jul 8, 2014. ELECTRONIC HEALTH RECORDS: Fiscal Year 2013 Expenditure Plan Lacks Key Information Needed toContinue Reading

Houston, We Have A Public Domain Problem – Commentary

Parker Higgins is an activist at the Electronic Frontier Foundation: “I received a bogus copyright takedown notice for using public domain audio on SoundCloud yesterday. The sound in question—the famous “Houston, we have a problem” snippet of the Apollo 13 mission—is incontrovertibly available to all, for any use, without copyright restrictions. The fact that it’sContinue Reading

New GAO Reports – Aviation Safety, Export-Import Bank, Medicare Fraud, Traffic Safety

AVIATION SAFETY: Additional Oversight Planning by FAA Could Enhance Safety Risk Management, GAO-14-516: Published: Jun 25, 2014. Publicly Released: Jun 25, 2014. EXPORT-IMPORT BANK: Status of GAO Recommendations on Risk Management, Exposure Forecasting, and Workload Issues, GAO-14-708T: Published: Jun 25, 2014. Publicly Released: Jun 25, 2014. INFORMATION SECURITY: Additional Oversight Needed to Improve Programs at Small Agencies, GAO-14-344: Published: Jun 25, 2014. Publicly Released:Continue Reading

Launch of openFDA Beta Research Project

“OpenFDA offers easy access to FDA public data and highlight projects using these data in both the public and private sector to further regulatory or scientific missions, educate the public, and save lives. OpenFDA is specifically designed to make it easier for developers, researchers, and the public to access and use the many large, important, healthContinue Reading

New GAO Reports – Federal Software Licenses, Foster Children, Freshwater

FEDERAL SOFTWARE LICENSES: Better Management Needed to Achieve Significant Savings Government-Wide, GAO-14-413: Published: May 22, 2014. Publicly Released: May 22, 2014: “The Office of Management and Budget (OMB) and the vast majority of agencies that GAO reviewed do not have adequate policies for managing software licenses. While OMB has a policy on a broader information technology (IT) managementContinue Reading