IPcentral Weblog: October 2005 Archives

October 2005 Archives

(previous | next)

10.31.2005

Today in the Supreme Court: Patentability; Antitrust; Eolas

Patentability

The Supreme Court will review Laboratory Corp. of America (LabCorp) v. Metabolite Laboratories (Fed. Cir. 2004), which presents the question (as framed by Petitioner):

Continue reading Today in the Supreme Court: Patentability; Antitrust; Eolas . . .

posted by James DeLong @ 11:54 AM | Patents

Link to this Entry | Printer-Friendly | Email a Comment | TrackBacks (0)| Post a Comment (0)

Software Copyright

Greg Aharonian continues his crusade against the concept of using copyright to protect software:

DUE PROCESS: THE CRAZY RELATIVE IN DIGITAL
COPYRIGHT'S ATTIC, PISSING ON GPL
by Greg Aharonian
Publisher, Internet Patent News Service
Harvard University, November 3rd
Emerson Hall - Room 305, 6:00 PM

Continue reading Software Copyright . . .

posted by James DeLong @ 11:02 AM | Software

Link to this Entry | Printer-Friendly | Email a Comment | TrackBacks (0)| Post a Comment (0)

Theory & Practice

Numerous posts here have expressed exasperation with academia, and its love for abstract theory at the expense of practical questions of how to make a system of intellectual property actually work.

Photon Courier has a nice essay musing on "the growing ascendancy of theory and abstraction in American society."

Sample:

Why is theory (which would often more accurately be called meta-theory) so attractive to so many denizens of university humanities departments? To some extent, the explanation lies in simple intellectual fad-following. But I think there is a deeper reason. Becoming an alcolyte of some all-encompassing theory can spare you from the effort of learning about anything else. For example: if everything is about (for example) power relationships--all literature, all history, all science, even all mathematics--you don't need to actually learn much about medieval poetry, or about the Second Law of thermodynamics, or about isolationism in the 1930s. You can look smugly down on those poor drudges who do study such things, while enjoying "that intellectual sweep of comprehension known only to adolescents, psychopaths and college professors" (the phrase is from Andrew Klavan's unusual novel True Crime.)

The phrase "law schools" would subsitute nicely for "university humanities departments." And I am often struck by the extent to which most discussions of open source software betray very little knowledge of important provisions of the licenses under which it is distributed. (E.g.)

Continue reading Theory & Practice . . .

posted by James DeLong @ 9:17 AM | General

Link to this Entry | Printer-Friendly | Email a Comment | TrackBacks (0)| Post a Comment (0)

10.30.2005

UN & the Internet

TechcentralStation discusses the mindset of the UN: "[T]he real problem in the collective mind of the United Nations is not that the United States controls the internet, but that no one does." And:

Continue reading UN & the Internet . . .

posted by James DeLong @ 1:12 PM | Internet: P2P, Search Engines...

Link to this Entry | Printer-Friendly | Email a Comment | TrackBacks (0)| Post a Comment (0)

10.29.2005

Suggestion for Google

Google Print needs a new feature -- the ability to access a copyrighted work in greater depth, in exchange for payment.

Example: I am, even as we speak, trying to find out whether the holders of commons rights in 18th century England were compensated at all when a commons was enclosed, and, if so, how much. 30 seconds on Google Scholar (bless you, Google - twp years ago this would once have taken a trip to the Libary of Congress!) produced J.M. Neeson, Commoners: Common Right, Enclosure and Social Change in England, 1700-1820, which looks dead on. But I can only access a few pages (properly so, since if I could get the information I would not buy the book, would I?). So I cannot answer my question.

I probably will buy the book, since I have a continuing interest in the issue, even though it is Cambridge Univ. Press, and thus rather expensive. But that does not help me now. I am in the middle of a thought, here. I don't want to suspend this project for a week. I would much like the option of further on-line access immediately, and I would be happy to pay for it.

So come on guys - get cracking.

P.S. (10:45 a.m.): Just bought it used for $6.00+shipping. A bargain! But it does not solve my time problem. It looks like there was compensation, but a lot of questions about its adequacy.

posted by James DeLong @ 10:18 AM | Books

Link to this Entry | Printer-Friendly | Email a Comment | TrackBacks (0)| Post a Comment (0)

10.28.2005

Old Blog in Town (But New to Me)

Filmmakers are even more maniacal about controlling the information flow than are politicians, but Peter Jackson has been documenting the making of King Kong on the Web.

As Wired points out, it could be shrewd move indeed. Marketing a movie usually costs tens of millions. So if they can get big buzz going for free over the Net, there is much money to be made. Per Wired:

Continue reading Old Blog in Town (But New to Me) . . .

posted by James DeLong @ 12:54 PM | General

Link to this Entry | Printer-Friendly | Email a Comment | TrackBacks (0)| Post a Comment (0)

Property Rights in Spectrum

Colorado professors Dale Hatfield & Phil Weiser, both of whom are participants in PFF's Digital Age Communications Act project, have just published Property Rights in Spectrum: Taking the Next Step. Their bottom line: It isn't easy. Here is the Abstract:

Continue reading Property Rights in Spectrum . . .

posted by James DeLong @ 9:09 AM | Telecom

Link to this Entry | Printer-Friendly | Email a Comment | TrackBacks (0)| Post a Comment (0)

Patentability

I/P Updates notes the release of new USPTO Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility, signed on Oct. 26, 2005.

And the ever-estimable Patently-O analyzes them:

The crux of the new guidelines is that an invention falls within the scope of 35 U.S.C. 101 “if the claimed invention physically transforms an article or physical object to a different state or thing, or if the claimed invention otherwise produces a useful, concrete, and tangible result.” The application itself should enable one of ordinary skill in the art to understand the utility of the invention.

posted by James DeLong @ 8:34 AM | Patents

Link to this Entry | Printer-Friendly | Email a Comment | TrackBacks (0)| Post a Comment (0)

New Blog in Town . . .

. . .by Denny Hastert, Speaker of the House.

It is an interesting idea. If it turns into the standard PR-guy filtered pap, then it will be fodder for derision. If it does not, then it could become fodder for political opponents who want to twist and quote out of context (which is why politicians have the PR filters), but it could also be useful tool of communication.

posted by James DeLong @ 7:16 AM | General

Link to this Entry | Printer-Friendly | Email a Comment | TrackBacks (0)| Post a Comment (0)

10.27.2005

Slaying Medusa

I'm on a self-imposed sabbatical from blogging on Google Library Print because (1) Jim and Solveig are doing a great job there, (2) I don't care for the invective that is starting to surface in the debate, and (3) the more I reflect on it the more conflicted I find myself.

In an effort to be positive I've decided to highlight an already existing example of an online print index that I've found to be a wonderful resource: The Perseus Digital Library.

Continue reading Slaying Medusa . . .

posted by Patrick Ross @ 5:12 PM | Academia , Access: Commons, Fair Use, Orphan Works, Public Domain , Books

Link to this Entry | Printer-Friendly | Email a Comment | TrackBacks (0)| Post a Comment (0)

10.27.2005

More Google Print

posted by James DeLong @ 1:06 PM | Books

Link to this Entry | Printer-Friendly | Email a Comment | TrackBacks (0)| Post a Comment (0)