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 -
"Farmer Bowman began purchasing Monsanto’s patented seeds in 1999 and, because of the licensing agreement, did not save any of the seed for future planting.
But he also bought so-called “commodity” seed from a local grain elevator, which acts as a clearinghouse for farmers to buy and sell seed.
But given that more than 90 percent of the soybeans planted in the area were Roundup Ready crops, the elevator’s seed was contaminated with Monsanto’s patented seed.
Farmer Bowman planted that commodity seed, which was substantially cheaper to purchase, to produce a second, late-season crop, which is generally more risky and lower yielding. He then used seeds generated in one late-season harvest to help produce subsequent late-season crops.
Monsanto sued him for patent infringement, and he lost." [more inside]
posted by sio42
on Oct 11, 2012 -
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 -
iPhone Caused “Crisis of Design” at Samsung (Memo) “Influential figures outside the company come across the iPhone, and they point out that ‘Samsung is dozing off.’ All this time we’ve been paying all our attention to Nokia, and concentrated our efforts on things like Folder, Bar, Slide,” Shin wrote. “Yet when our UX is compared to the unexpected competitor Apple’s iPhone, the difference is truly that of Heaven and Earth. It’s a crisis of design.” Complete text of the internal memo submitted in the Apple vs Samsung case
Those are the more ugly points of the memo, which seems to bolster Apple’s lawsuit stating that Samsung infringed upon a number of Apple’s patents. Apple asserts that Samsung has “slavishly copied” Apple’s iPad and iPhone devices, and is seeking $2.5 billion in damages. So any more ammunition that Apple can get to make it look like Samsung attempted to actively rip off Apple’s products is only a good thing for Apple’s case.
And the memo is rife with ammunition.
posted by infini
on Aug 7, 2012 -
Twitter will not weaponize your work
(without your permission). According to an agreement it now makes with its engineers and inventors, Twitter does not have the right to use the patents of its employees offensively without their consent, and this limitation will apply to future purchasers of the Twitter patent portfolio.
The patent wars previously
on the blue.
posted by gauche
on Apr 18, 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 -
Kirby Ferguson's fourth and final installment of Everything is a Remix
: System Failure
has been released. (Also on YouTube.)
It covers intellectual property rights, the derivative nature of creativity, patents and copyright. Transcript
. [more inside]
posted by zarq
on Feb 17, 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 -
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 -
Good Copy Bad Copy
is "a documentary about the current state of copyright and culture," featuring Danger Mouse, Lawrence Lessig, Dan Glickman of the MPAA and others. The film's creators are releasing it free of charge, via Bittorrent.
posted by jbickers
on Aug 3, 2007 -
Lawrence Lessig moves on
Lessig has spent the last 10 years fighting for IP reform and open culture, He's decided to focus on fighting what he calls "corruption" (with quotes)... the pernicious effect that moneyed interests have in crafting and controlling public policy.
Finally, I am not (as one friend wrote) "leaving the movement." "The movement" has my loyalty as much today as ever. But I have come to believe that until a more fundamental problem is fixed, "the movement" can't succeed either. Compare: Imagine someone devoted to free culture coming to believe that until free software supports free culture, free culture can't succeed. So he devotes himself to building software. I am someone who believes that a free society -- free of the "corruption" that defines our current society -- is necessary for free culture, and much more. For that reason, I turn my energy elsewhere for now.
posted by delmoi
on Jun 22, 2007 -