We hold that the claims at issue are drawn to the abstract idea of intermediated settlement, and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention.
We must first determine whether the claims at issue are directed to a patent-ineligible concept. We conclude that they are.
The United States Supreme Court has ruled 9-0 [pdf]
, invalidating many but by no means all software patents, in Alice v CLS Bank
. [more inside]
posted by atbash
on Jun 19, 2014 -
A working paper (short(er) overview from FOSS patents
; full 69 page paper in pdf
) by an Intel in-house counsel and two WilmerHale lawyers has recently been published analyzing royalty demands for smartphone components. Using publicly available data, the authors estimate "potential patent royalties in excess of $120 on a hypothetical $400 smartphone--which is almost equal to the cost of [the] device's components". [more inside]
posted by daniel_charms
on Jun 2, 2014 -
On Friday, a Starbucks opened in Los Feliz, Los Angeles
. There is something a bit "weirdly off-kilter"
about this location according to one customer. In particular, everything there, including the store name
has the word "dumb" in front. The store is claiming parody-based fair use exemptions to intellectual property law, and so far, the (non-dumb) Starbucks appears not to have responded. In case you want to pick what you want before hand, their menu of dumb drinks is posted on Twitter
posted by saeculorum
on Feb 9, 2014 -
, publishers of a similarly-titled magazine, recently migrated to an all-online content. As part of their new technology platform, they have been providing online yoga instruction utilizing a visual recording of a standard yoga classroom set-up. YogaGlo
, providers of on-line yoga classes, sent Yoga International a cease-and-desist
letter claiming that their recently filed patent application
covers the type of view being filmed for an on-line yoga class, and that Yoga International is in violation. [more inside]
posted by scblackman
on Sep 26, 2013 -
In 1971, the newly-created US Environmental Protection Agency (EPA) hired a bunch of freelance photographers to collectively document environmental issues around the country. They were given free rein to shoot whatever they wanted, and the project, named Documerica
, lasted through 1977. After 40 years, the EPA is now encouraging photographers to take current versions of the original Documerica photos and are showcasing them on flickr at State of the Environment
. There are location challenges
, and a set has been created with some of the submissions, making side-by-side comparisons
. [more inside]
posted by zarq
on Aug 8, 2013 -
"The historical and international evidence suggests that while weak patent systems may mildly increase innovation with limited side effects, strong patent systems retard innovation with many negative side effects." "innovations leading to the creation of a new industry .. is seldom, if ever, born out of patent protection and is instead the fruit of a competitive environment."
— Boldrin and Levine. The Case Against Patents.
J. Economic Perspectives. (huffpo
posted by jeffburdges
on Feb 6, 2013 -
is a design and manufacturing website for inventors
. In 2010, one of their users, Bill Ward, came up with an idea for a dustpan called the Broom Groomer
with a comb-like edge for cleaning off all the dustbunnies and stuff that builds up on your broom. Turns out, gadget company OXO came out with a very similar design in 2012 called the Upright Sweep Set
. Last week, the folks at Quirky staged a protest
and paid for a billboard that accused OXO of ripping off their design.
OXO responds on their blog
with a mini-lesson on patents and international intellectual property rights.
posted by 23skidoo
on Jan 27, 2013 -
On October 29, the U.S. Supreme Court will hear oral arguments in Kirtsaeng v. John Wiley & Sons, Inc.
, a conflict about “first-sale doctrine”
. The doctrine, which has been law in the U.S. since 1908, allows people to buy and then subsequently sell items (books, furniture, electronics, dvds, etc.) without needing additional permission from the copyright holder.
Supap Kirtsaeng came to the United States from Thailand to study mathematics and attempted to save money by having his family purchase textbooks in Thailand and ship them to him. After reading up on the first-sale doctrine, Kirtsaeng began to sell these textbooks to others on eBay. He made $37,000, before he was sued by John Wiley, a textbook publisher. A jury found his copyright infringement to be willful. He was ordered to pay $75,000 per work for a total penalty of $600,000. He appealed, and lost at the 2nd Circuit.
The Library Journal notes that if the Supreme Court rules against Kirtsaeng, it could mean the end of public libraries
. Marketwatch warns that it means the end of resale as we know it
. Hollywood Esq. does the most cogent job of putting this IP fight in perspective of other IP fights
before the Court.
posted by dejah420
on Oct 9, 2012 -
Notes from a Pirate Party conference. "I grew up on the Internet. … I sort of consider myself a citizen of the Internet. I'm very attached to it. I'm almost more from the Internet than I am from Massachusetts." [more inside]
posted by the man of twists and turns
on Apr 14, 2012 -
Australia hosts secret trade agreement negotiations this week in Melbourne
This Thursday, behind closed doors in Melbourne, representatives from nine countries will take up discussions once again on an ambitious, comprehensive trade agreement for the Asia-Pacific region. Negotiators from Brunei Darussalam, Chile, Vietnam, Malaysia, the United States, Australia, New Zealand, Peru and Singapore will pore over draft treaty text of the Trans-Pacific Partnership Agreement
, an agreement to cover all aspects of commercial relations between the countries, from competition and customs to e-commerce, rules of origin and labor, from textiles and apparel to telecommunications and intellectual property. The intellectual property chapter for the TPP will lay out lengthy, highly detailed, coverage of all aspects of IP enforcement and protection between the nine countries.
posted by wilful
on Feb 28, 2012 -
The U.S. House of Representatives has drafted
their version of Senator Leahy's
Protect IP Act, renaming
the bill the E-Parasites Act
. Among other changes discussed prev
, the bill now makes
internet service providers and websites liable for activities of their users that infringe upon copyrights, effectively overturning parts of the 13-year-old Digital Millennium Copyright Act.
posted by jeffburdges
on Oct 27, 2011 -
Senator Leahy's Protect IP Act
would require that U.S. ISPs impose an 'internet death penalty' upon domain after merely a preliminary injunction from a U.S. court that suspects the site of being 'dedicated to infringing activities', even if the domain's owner had never been notified and was not subject to U.S. jurisdiction. There is concern that the legislation would fragment the DNS system and facilitate DNS spoofing
by obstructing DNSSEC
). There is also an open letter
opposing the bill signed by 108 Law Professors who study intellectual property law. [more inside]
posted by jeffburdges
on Jul 24, 2011 -
U.S. Immigration and Customs Enforcement has shut down nine websites in connection with an ongoing crackdown on internet film and TV piracy
. The sites seized are Movieslinks.tv, Planetmoviez.com, ZML.com, Thepiratecity.org, Filespump.com, TVShack.net, Now-Movies.com, NinjaThis.net, and NinjaVideo.net. The feds also seized related Paypal accounts and bank accounts as part of the operation. Ninjavideo was the most notorious of the group, and its admin, Phara, went so far as to record a manifesto in praise of internet piracy
posted by Pastabagel
on Jul 1, 2010 -
The Electronic Frontier Foundation has published a criticism
of Burning Man, LLC's Terms and Conditions
, saying that the automatic rights assignment to BMOrg for photos & video taken during the event is "creative lawyering intended to allow the BMO to use the streamlined “notice and takedown” process enshrined in the Digital Millennium Copyright Act (DMCA) to quickly remove photos from the Internet" and that this is corrosive to our freedom of speech. Burning Man responds
posted by scalefree
on Aug 14, 2009 -
The Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act
has added a whole other dimension to the term "copyright infringement." Sponsored by the US entertainment industry, it allows seizure of assets before
the accused is found guilty and the creation of a new executive branch led by an "Intellectual Property Czar" who would report directly to the President on IP crimes--similar to the Drug Czar of the War on Drugs. Financial penalties for copyright crimes have increased dramatically. More information here
, and a summary of critiques here.
Is this a useful addition to the War On Copyright Infringement or just more bureaucratic red tape
posted by schroedinger
on Oct 14, 2008 -
Give us your secrets. The Chinese government plans order foreign manufacturers to reveal information about their digital products, a Japanese newspaper reported on Friday. It will introduce rules requiring foreign firms to disclose secret information about digital household appliances and other products from May next year, the Yomiuri Shimbun said, citing unnamed sources. If a company refuses to disclose information, China would ban it from exporting the product to the Chinese market or producing or selling it in China, the paper said. [more inside]
posted by caddis
on Sep 22, 2008 -