jm + legal   28

Open Invention Network Symposium on Open Source Software and Patents in Context
Dublin, 24th September 2014, hosted by Enterprise Ireland. Hosted by former Ubuntu
counsel (via gcarr)
via:gcarr  ubuntu  law  legal  open-source  floss  oss  oin  inventions  patents  swpat  software  ireland  ei  events 
september 2014 by jm
Actually, Mr. Waxman, Consumers Are Sued For Patent Infringement All the Time | Electronic Frontier Foundation
Patent trolls have sued or threatened to sue tens of thousands of end-users. For example, Innovatio attacked cafes, bakeries, and even a funeral parlor for using off-the-shelf Wi-Fi routers. And the notorious scanner troll, MPHJ, targeted small businesses and nonprofits around the country for using ordinary office equipment. As a recent paper explained: “Mass suits against technology customers have become too common, involving building block technologies like wi-fi, scanning, email and website technologies.”

The growth in patent suits against customers reveals the importance of the Limelight case. A ruling that made it even easier to sue customers (by allowing suits against someone who performs just some steps of a patent) would encourage patent trolls to launch more abusive litigation campaigns. We hope the Supreme Court will restore the sensible rule that only a single entity (or its agents) can infringe a patent.
patents  uspto  swpats  eff  consumer  law  legal  patent-infringement  scanners  wifi  printers 
may 2014 by jm
GPLv2 being tested in US court
The case is still ongoing, so one to watch.
Plaintiff wrote an XML parser and made it available as open source software under the GPLv2. Defendant acquired from another vendor software that included the code, and allegedly distributed that software to parties outside the organization. According to plaintiff, defendant did not comply with the conditions of the GPL, so plaintiff sued for copyright infringement. Defendants moved to dismiss for failure to state a claim. The court denied the motion.
gpl  open-source  licensing  software  law  legal  via:fplogue 
february 2014 by jm
Docracy
'The web's only open collection of legal contracts and the best way to negotiate and sign documents online'. (via Kowalshki)
via:kowalshki  business  documents  legal  law  contracts 
january 2014 by jm
The Hole in Our Collective Memory: How Copyright Made Mid-Century Books Vanish - Rebecca J. Rosen - The Atlantic
A book published during the presidency of Chester A. Arthur has a greater chance of being in print today than one published during the time of Reagan.
This is not a gently sloping downward curve. Publishers seem unwilling to sell their books on Amazon for more than a few years after their initial publication. The data suggest that publishing business models make books disappear fairly shortly after their publication and long before they are scheduled to fall into the public domain. Copyright law then deters their reappearance as long as they are owned. On the left side of the graph before 1920, the decline presents a more gentle time-sensitive downward sloping curve.
business  books  legal  copyright  law  public-domain  reading  history  publishers  amazon  papers 
september 2013 by jm
France Kills Three Strikes
Missed bookmarking this news --
After years of debate and controversy the French Government has finally backtracked on the law which allowed errant subscribers to be disconnected from the Internet. This morning a decree was published which removed the possibility for file-sharers to have their connections cut for copyright infringement. Instead, those caught by rightsholders will now be subjected to a system of automated fines.
france  legal  ip  piracy  filesharing  three-strikes 
july 2013 by jm
one Canadian judge's 192-page judgement eviscerating the Freeman-on-the-Land and related "Organised Pseudolegal Commercial Argument" litigants
This Court has developed a new awareness and understanding of a category of vexatious litigant. As we shall see, while there is often a lack of homogeneity, and some individuals or groups have no name or special identity, they (by their own admission or by descriptions given by others) often fall into the following descriptions: Detaxers; Freemen or Freemen-on-the-Land; Sovereign Men or Sovereign Citizens; Church of the Ecumenical Redemption International (CERI); Moorish Law; and other labels - there is no closed list. In the absence of a better moniker, I have collectively labelled them as Organized Pseudolegal Commercial Argument litigants [“OPCA litigants”], to functionally define them collectively for what they literally are. These persons employ a collection of techniques and arguments promoted and sold by ‘gurus’ (as hereafter defined) to disrupt court operations and to attempt to frustrate the legal rights of governments, corporations, and individuals.
 
Over a decade of reported cases have proven that the individual concepts advanced by OPCA litigants are invalid. What remains is to categorize these schemes and concepts, identify global defects to simplify future response to variations of identified and invalid OPCA themes, and develop court procedures and sanctions for persons who adopt and advance these vexatious litigation strategies.
 
One participant in this matter [...] appears to be a sophisticated and educated person, but is also an OPCA litigant. One of the purposes of these Reasons is, through this litigant, to uncover, expose, collate, and publish the tactics employed by the OPCA community, as a part of a process to eradicate the growing abuse that these litigants direct towards the justice and legal system we otherwise enjoy in Alberta and across Canada. I will respond on a point-by-point basis to the broad spectrum of OPCA schemes, concepts, and arguments advanced in this action by [him].


Via Ronan Lupton
via:ronanlupton  law  canada  legal  freeman  opca  court  tax  judgements 
may 2013 by jm
Meet the nice-guy lawyers who want $1,000 per worker for using scanners | Ars Technica
Great investigative journalism, interviewing the legal team behind the current big patent-troll shakedown; that on scanning documents with a button press, using a scanner attached to a network. They express whole-hearted belief in the legality of their actions, unsurprisingly -- they're exactly what you think they'd be like (via Nelson)
via:nelson  ethics  business  legal  patents  swpats  patent-trolls  texas  shakedown 
april 2013 by jm
Opinion: The Internet is a surveillance state
Bruce Schneier op-ed on CNN.com.
So, we're done. Welcome to a world where Google knows exactly what sort of porn you all like, and more about your interests than your spouse does. Welcome to a world where your cell phone company knows exactly where you are all the time. Welcome to the end of private conversations, because increasingly your conversations are conducted by e-mail, text, or social networking sites.
And welcome to a world where all of this, and everything else that you do or is done on a computer, is saved, correlated, studied, passed around from company to company without your knowledge or consent; and where the government accesses it at will without a warrant.
Welcome to an Internet without privacy, and we've ended up here with hardly a fight.
freedom  surveillance  legal  privacy  internet  bruce-schneier  web  google  facebook 
march 2013 by jm
How the America Invents Act Will Change Patenting Forever
Bet you didn't think the US software patents situation could get worse? wrong!
“Now it’s really important to be the first to file, and it’s really important to file before somebody else puts a product out, or puts the invention in their product,” says Barr, adding that it will “create a new urgency on the part of everyone to file faster -- and that’s going to be a problem for the small inventor.”
first-to-file  omnishambles  uspto  swpats  patents  software-patents  law  legal 
march 2013 by jm
'The Impact of Copyright Policy Changes on Venture Capital Investment in Cloud Computing Companies' [pdf]
'Our results suggest that the Cablevision decision, [which was widely seen as easing certain ambiguities surrounding intellectual property], led to additional incremental investment in U.S. cloud computing firms that ranged from $728 million to approximately $1.3 billion over the two-and-a-half years after the decision. When paired with the findings of the enhanced effects of VC investment relative to corporate investment, this may be the equivalent of $2 to $5 billion in traditional R&D investment.'

via Fred Logue.
via:fplogue  law  ip  copyright  policy  cablevision  funding  vc  cloud-computing  investment  legal  buffering 
march 2013 by jm
Fox DMCA Takedowns Order Google to Remove Fox DMCA Takedowns
Chilling Effects is setup to stop the ‘chilling effects’ of Internet censorship. Google sees this as a good thing and sends takedown requests it receives to be added to the database. Fox sends takedown requests to Google for pages which the company says contain links to material it holds the copyright to. Those pages include those on Chilling Effects which show which links Fox wants taken down. Google delists the Chilling Effects pages from its search engine, thus completing the circle and defeating the very reason Chilling Effects was set up for in the first place.
chilling-effects  copyright  internet  legal  dmca  google  law 
january 2013 by jm
On Patents
Notch comes up with a perfect analogy for software patents.
I am mostly fine with the concept of “selling stuff you made”, so I’m also against copyright infringement. I don’t think it’s quite as bad as theft, and I’m not sure it’s good for society that some professions can get paid over and over long after they did the work (say, in the case of a game developer), whereas others need to perform the job over and over to get paid (say, in the case of a hairdresser or a lawyer). But yeah, “selling stuff you made” is good. But there is no way in hell you can convince me that it’s beneficial for society to not share ideas. Ideas are free. They improve on old things, make them better, and this results in all of society being better. Sharing ideas is how we improve. A common argument for patents is that inventors won’t invent unless they can protect their ideas. The problem with this argument is that patents apply even if the infringer came up with the idea independently. If the idea is that easy to think of, why do we need to reward the person who happened to be first?

Of course, in reality it's even worse, since you don't actually have to be first to invent -- just first to file without sufficient people noticing, and people are actively dissuaded from noticing (since it makes their lives riskier if they know about the existence of patents)...
business  legal  ip  copyright  patents  notch  minecraft  patent-trolls 
july 2012 by jm
French ‘Three Strikes’ Law Slashes Piracy, But Fails to Boost Sales
Hadopi report says piracy dropped in France by between 17% and 66% during 2011, while Hadopi was in force; however the SEVN report on 2011 notes that legitimate sales of video dropped by 2.7%, ironically blaming 'the continually high level of piracy despite counter measures adopted under the HADOPI law' (http://www.dvd-intelligence.com/display-article.php?article=1676), and the SNEP report on 2011 sales of audio indicates that the market dropped by 3.9% (http://www.telecompaper.com/news/french-online-music-worth-eur-110-mln-in-2011-study). Hard not to come to a conclusion that actions against piracy do not improve sales
france  hadopi  legal  music  piracy  sales  revenues  sevn  snep  video 
april 2012 by jm
Verisign seizes .com domain registered via foreign Registrar on behalf of US Authorities.
'at the end of the day what has happened is that US law (in fact, Maryland state law) as been imposed on a .com domain [specifically gambling site bodog.com] operating outside the USA, which is the subtext we were very worried about when we commented on SOPA. Even though SOPA is currently in limbo, the reality that US law can now be asserted over all domains registered under .com, .net, org, .biz and maybe .info (Afilias is headquartered in Ireland by operates out of the US). This is no longer a doom-and-gloom theory by some guy in a tin foil hat. It just happened.'
via:joshea  internet  legal  policy  public  sopa  domains  dns  verisign  seizure 
february 2012 by jm
Freeman on the land - RationalWiki
fantastically encyclopedic description of the "freeman on the land" pseudolegal gibberish, now being employed in an attempt to evade unpleasant taxes or fees -- this stuff is on the rise in post-economic-collapse Ireland, unsurprisingly
debt  legal  freemen  freeman  law  taxes  ireland  recession 
january 2012 by jm
Bayes' theorem ruled inadmissible in UK law courts
Bayes' theorem, and 'similar statistical analysis', ruled inadmissible in UK law courts (via Tony Finch)
uk  law  guardian  via:fanf  bayes  maths  statistics  legal 
october 2011 by jm
an ex-Skype employee dishes the dirt on their buyout and acquisition
some incredible stories -- pretty mind-boggling stuff, I'm amazed people stuck around
skype  startups  legal  share-options  shares  economics 
june 2011 by jm
Irish data retention law now in force
quietly passed into law on the 26th Jan.  DRI say 'the Bill requires telecommunications companies, internet service providers, and the like, to retain data about communications (though not the content of the communications); phone and mobile traffic data have to be retained for 2 years; internet communications have to be retained for one year … This will impose significant costs on those obliged to retain and secure the data, and those costs will be passed on to their already hard-pressed customers. And it is likely to drive international telecommunications and internet companies to European states which have introduced far less demanding regimes.'
data-retention  ireland  law  legal  privacy  from delicious
february 2011 by jm
The Day MAME Saved My Ass
'Publishers would have people believe that MAME and the emulation scene is the root of all evil, that it promotes piracy and ultimately hurts the poor, starving developers slaving away on the game. Not only is this claim patently false, it ignores the fact that many developers use things like MAME, mod chips, and homebrew development utilities to help us overcome the day-to-day frustrations caused by the people behind the real problems in our industry.'
mame  games  coding  legal  spy-hunter  emulation  rips  takedowns  from delicious
december 2010 by jm
Copyright and defamation law is repelling investors - The Irish Times
'UNLESS CHANGES are made to Ireland’s legal and regulatory framework in areas like copyright and defamation, digital businesses will be discouraged from locating operations here, say legal experts and businesses.'
law  legal  copyright  defamation  ireland  irish-times  from delicious
november 2010 by jm
Topfloor - Free Residential Lease/Letting Agreement Download
GFDL-licensed legal boilerplate agreement for the Irish market. Nice one -- although did I see a commercial company charging for what appears to be a derivative work of this document? is that a breach of the license terms?
gfdl  gnu  topfloor  letting  leases  legal  documents  ireland  from delicious
august 2010 by jm
Today Finland officially becomes first nation to make broadband a legal right
'every Finnish citizen now has a guaranteed legal right to a least a 1Mbps broadband connection, putting it on the same footing as other legal rights in the country such as healthcare and education.'
broadband  finland  legal  rights  law  human-rights  three-strikes  from delicious
july 2010 by jm
Total victory for open source software in a patent lawsuit
yay, Red Hat beat down patent troll IP Innovation, L.L.C. (a subsidiary of Acacia Technologies), in East Texas no less
ip  law  legal  novell  linux  open-source  patents  redhat  swpats  uspto  acacia-technologies  from delicious
may 2010 by jm
Why Our Civilization's Video Art and Culture is Threatened by the MPEG-LA
incredible. Almost every single modern camera capable of recording video now requires that you obtain a license from MPEG-LA to use recorded footage for commercial purposes. These clauses are currently not enforced, but could be. Horrifying (via Tony Finch)
via:fanf  patents  mpeg2  codec  compression  consumer-rights  copyright  legal  law  mpeg  h264  mpegla  codecs  from delicious
may 2010 by jm
GameStation now legally owns the souls of thousands of online shoppers, thanks to unnoticed T&C tweak
"By placing an order via this Web site on the first day of the fourth month of the year 2010 Anno Domini, you agree to grant Us a non- transferable option to claim, for now and for ever more, your immortal soul. Should We wish to exercise this option, you agree to surrender your immortal soul, and any claim you may have on it, within 5 (five) working days of receiving written notification from gamestation.co.uk or one of its duly authorised minions."
funny  eula  terms-and-conditions  legal  clickwrap  via:risks  gamestation  shopping  from delicious
april 2010 by jm
Major labels go bragh? Irish judge allows 3 strikes
'The justice refers to legal alternatives to illicit downloading, such as "an I-player system," when he's writing about the BBC's well-known iPlayer catch-up service [which is not available here]. He refers numerous times in the order to "DetectNet," a company which can find P2P infringers, when he really means DtecNet. A strong grasp of the technical details won't be found in this ruling'
ars-technica  ireland  dtecnet  legal  law  three-strikes  eircom  filesharing  from delicious
april 2010 by jm
Atheist Ireland Publishes 25 Blasphemous Quotes
in protest against the Fianna Fail religious right's ludicrous new blasphemy law
blasphemy  ireland  law  legal  censorship  democracy  atheism  religion  quotes  from delicious
january 2010 by jm

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