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Category Archives: Intellectual Property

Legal Issues: IP Asset Valuation and IRS Scrutiny

“The structure of a large corporation can often be a very complex conflagration of parent corporations, divisions, subsidiary corporations, sister corporations, holding companies, merged entities, corporate spin-offs and the like. Tracking down all of the related relationships between these entities can be an equally complex process of deep investigation into federal, state, tax, credit and corporate records.  An increasing trend in recent years has been for some U.S. corporations to establish subsidiary operations overseas. In some cases it may be simply because it’s more effective to have a subsidiary manage their operations within the country or region. However, a growing tactic among corporations is to use overseas subsidiaries to take advantage of lower foreign tax rates. This concept – often known as tax avoidance – has been an increasing part of a company’s strategy to minimize tax obligations by moving revenue and profits into locations that have lower tax rates. Unlike tax evasion which is illegal, tax avoidance is the use of legal strategies and systems within the tax laws of both the home country, such as the U.S., and the overseas country. However, this has become a political and business controversy as a number of large companies, particularly major information industry companies such as Google, Facebook, and Apple have been criticized for using these strategies to “avoid” or reduce their United States tax obligations.”

Presidential Executive Order on Establishment of American Technology Council

Presidential Executive Order on the Establishment of the American Technology Council, Executive Order, May 1, 2017 “Purpose.  To promote the policy set forth in section 1 of this order, this order establishes the American Technology Council (ATC). …Sec. 6. ATC Functions. (a) The principal functions of the ATC shall be to: (i) coordinate the vision, strategy,… Continue Reading

New on LLRX – Google Books is not Alexandria redux

Via LLRX.com – Google Books is not Alexandria redux – Chris Meadows revisits a subject, Google Books, that has been the focal point of legal action, disagreement within the publishing and library communities, and basically an issue lacking closure concerning the end product. Meadows reiterates the Second Circuit finding on Google Books and fair uses… Continue Reading

New on LLRX – Oh Lord, please don’t let Google Book Search be misunderstood

Via LLRX.com – Oh Lord, please don’t let Google Book Search be misunderstood – In what became a two part article, Chris Meadows responds to the continuing commentary and rebuttals on the Google Books decision and access to the search engine that remains available to query a huge index of full-text books and access the… Continue Reading

SCOTUS hears arguments on patent rights and refilling printer cartridges

Gizmodo – Supreme Court Printer Cartridge Case Could Be the Citizens United of Products “It’s an obscure case that hasn’t received a ton of attention as it has made its way to the Supreme Court but the final verdict could set off a cascade of consequences in the world of consumer products. This week, oral… Continue Reading

Paper – Defense Against the Dark Arts of Copyright Trolling

Sag, Matthew and Haskell, Jake, Defense Against the Dark Arts of Copyright Trolling (March 14, 2017). Available at SSRN: https://ssrn.com/abstract=2933200 “In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright cases… Continue Reading

U.S. Copyright Office launches updated website

“Today, the U.S. Copyright Office launched its updated website, www.copyright.gov. The website has been redesigned to be more organized, more responsive, and easier to digest. It now features a new header with global navigation and search, and expanded width in all sections to maximize screen usage. Several individual pages have been consolidated for improved navigation.… Continue Reading

Publishers Still Fighting to Bury Universities, Libraries in Fees for Making Fair Use of Academic Excerpts

EFF – “On behalf of three national library associations, EFF today urged a federal appeals court for the second time to protect librarians’ and students’ rights to make fair use of excerpts from academic books and research. Nearly a decade ago, three of the largest academic publishers in the world— backed by the Association of… Continue Reading

Free for All: NYPL Enhances Public Domain Collections For Sharing and Reuse

New York Public Library – “Today we are proud to announce that out-of-copyright materials in NYPL Digital Collections are now available as high-resolution downloads. No permission required, no hoops to jump through: just go forth and reuse!  The release of more than 180,000 digitized items represents both a simplification and an enhancement of digital access to a… Continue Reading

EFF on Shadow Internet Regulations

EFF – “Shadow Regulations are voluntary agreements between companies (sometimes described as codes, principles, standards, or guidelines) to regulate your use of the Internet, often without your knowledge. Shadow Regulation has become increasingly popular after the monumental failure of restrictive Internet laws such as ACTA, SOPA and PIPA. This is because Shadow Regulation can involve… Continue Reading

Large German research consortium boycotts Elsevier journals seeking open source access

BoingBoing – “Germany’s DEAL project, which includes over 60 major research institutions, has announced that all of its members are canceling their subscriptions to all of Elsevier’s academic and scientific journals, effective January 1, 2017. The boycott is in response to Elsevier’s refusal to adopt “transparent business models” to “make publications more openly accessible.” No… Continue Reading

BeSpacific joins ABA Top 100 Blawgs 2016

“BeSpacific NEW, Top 100 Blawgs: “No one better has her finger on the pulse of the legal information world than Sabrina Pacifici, law librarian and author of the blog BeSpacific,” writes blogger Robert Ambrogi. “Launched in 2002, BeSpacific is one of the longest-running legal blogs and, remarkably, Sabrina seems more prolific today than ever. She… Continue Reading