Patent Infringement Notice Pleading Standard Not MetJury deliberates Java copyright in Oracle-Android trial – iPad/iPhone – Macworld UKInnovation Law BlogAbout the Public Domain BlogWhere Can I Find Public Domain Content For My BlogArmy Admits Re-Education Camp Manual “Not Intended For Public Release”Negotiation Is Over! – New law criminlizes NIO’s anti-vivisection campaign tactics at UFB&J ‘Solar’ enlarger, Nov 46 PopPho pg. 27Orson Welles + Franz KafkaMaitri's VatulBlog

Google-Oracle: Java Infringement Trial Circus

There’s one key lesson you can learn from the clash of Oracle and Google in the courtroom over whether Google’s Java use in Android OS has infringed upon Oracle’s intellectual property rights…

The Internet continues to expose current patent, trademark, and copyright law as obsolete because the legal system is ill-equipped to identify and protect your intellectual property in the 21st Century.

It isn’t a matter of copyright infringement, patent infringement, or trademark infringement. The issue is that intellectual property law cannot keep up, which begs the question of whether it should in the first place.

This isn’t some anti-capitalist rant demanding intellectual property be in the public domain or distributed via a copyleft license. Instead, it is a reflection that current IP laws create trolls (Righthaven) who litigate and dinosaurs who abuse the system (RIAA and MPAA) rather than truly serving the rights of intellectual property owners while promoting entrepreneurial creativity.

So who wins in the Google Oracle Java Android dispute? Absolutely no one except the litigators who profit from it. And that’s a shame.

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Wolverine: Pirates Steal X-Men Origins Movie Online Before Its Public Release

wolverine - fair use for commentaryHugh Jackman’s X-Men Origins: Wolverine has leaked out onto the Web. Downloads via P2P are estimated to already be in the hundreds of thousands. The Hollywood blockbuster release model is becoming increasingly irrelevant because technology has moved beyond it.

The FBI is investigating the unauthorized distribution of the film and the studio claims that it is forensically marked so that it will be easier to identify who leaked it. That being said, what’s occurring now is damage control.

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The PR spin is that the lack of certain CGI and sound effects will make the pirated version less attractive to the general public. The studio will insist that those who have watched the leaked movie will want to pay to see the final version in theaters. That’s wishful thinking. There will be lost ticket sales.

Is there a solution? As long as there is a market demand for pirated movies, books, songs, etc., blockbuster new content (like Harry Potter Book 7) will always be prone to leaking no matter the criminal and civil penalties faced by those who leak or download. The MPAA can lobby for stricter copyright infringement penalties but it will be of little consequence.

I predict that blockbuster “star” movies will decline in number because of the return on investment is too unpredictable with piracy plus there are more choices for online and offline entertainment. To hedge their bets, studios will produce smaller budget films with no-name actors (or strictly animation as CGI costs decrease). Promotional tie-ins through product placement will partially cover production costs…and to the extent star actors are involved, they’ll be asked to shoulder more of the risk of piracy through taking a greater portion of their compensation based on the box office rather than a nice up front flat fee.

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Copyright Infringement Damages – Are They Constitutional?

US ConstitutionIn an unusual copyright infringement case, a defendant (Denise Barker) admits that she engaged in downloading copyrighted materials using Kazaa’s peer-to-peer (P2P) network. What makes this case unique is that the defendant is challenging the constitutionality of the damages music companies are trying to extract from her in the lawsuit.

As I’ve discussed in this blog previously, RIAA (and the MPAA) have abused copyright law to financially destroy individuals. Guilty or not, defendants are forced into settlements rather than fight teams of entertainment and intellectual property (IP) lawyers with the likelihood of being hit with [Read more...]

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Patent Infringement Notice Pleading Standard Not MetJury deliberates Java copyright in Oracle-Android trial – iPad/iPhone – Macworld UKInnovation Law BlogAbout the Public Domain BlogWhere Can I Find Public Domain Content For My BlogArmy Admits Re-Education Camp Manual “Not Intended For Public Release”Negotiation Is Over! – New law criminlizes NIO’s anti-vivisection campaign tactics at UFB&J ‘Solar’ enlarger, Nov 46 PopPho pg. 27Orson Welles + Franz KafkaMaitri's VatulBlog