| April 2007 Archives |
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| 04.30.2007 |
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| KSR v. Teleflex--Initial Opinion and Analsysis |
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My take and that of Josh Sarnoff is up on SCOTUS.
posted by Solveig Singleton @ 1:42 PM | Patents , Supreme Court
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| The Silence of the Wolves |
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C|Net today has an article by moi on whether the proposed GPLv3 would be compatible with the use of Digital Rights Management. Bringing to bear the full force of my Harvard-honed legal skills, my conclusion is, "Who the hell knows?"
This question is crucial to the fate of version 3, and to that of the FLOSS movement generally. The ability to deploy DRM of various sorts is indispensable to content creators, which means it is indispensable to the IT companies that want to do business with them. So, when the General Counsel of MegaContent asks "Can I use DRM with this open source program?" it is not good enough to say, "Maybe," or "Some say 'yes', some say 'no'; I'm sure a court will decide eventually."
As the article notes, the corporate backers of open source continue to be oddly silent. My hypothesis is that someone finally got around to asking the GCs of the potential customers what they think of the proposed revision, and got some X-rated answers.
As noted before, the Free Software Foundation is trying to convert itself into a regulatory agency, and is using the standard government agency trick of expanding its power by ambiguity in regulation. But it is not a government, and its customers have alternatives.
posted by James DeLong @ 12:04 PM | Software
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| Big Patent Day on the Supreme Court |
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KSR won a unanimous verdict in KSR v. Teleflex, and Microsoft won 7-1 in Microsoft v. AT&T.
More later, here. And of course SCOTUSBLOG will be collecting comments.
posted by James DeLong @ 10:57 AM | Patents
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| 04.29.2007 |
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Veterans of the corporate world will tell you that all companies are the same. They want to maximize revenue-growth, and strive for these goals in similar ways (roughly): by measuring consumer demand, differentiating their offerings, researching the competitive landscape and planning long-term strategies. Still, there are more ways for companies to flounder than to succeed, making a Tolstoyian adaptation pertinent: Successful corporations are all alike, unsuccessful ones are so in their own way.
Despite their similarities, one thing often distinquishes successful firms- corporate culture. Yes, the unexplainable phenomenon that either draws loyalty to a company's vision-leadership, or has you running out the door looking for a new job. It is not surprising then, that Google has a Chief Culture Officer, Stacy Savides Sullivan: I would characterize the culture as one that is team-oriented, very collaborative and encouraging people to think nontraditionally... -working with integrity and for the good of the company and for the good of the world, which is tied to our overall mission of making information accessible to the world...
...one of the hardest things to do is ensure that we are hiring people who possess the kind of traits that we're looking for in a Google-y employee. Google-y is defined as somebody who is fairly flexible, adaptable and not focusing on titles and hierarchy, and just gets stuff done. Google is a strong and powerful company, its growth was double that of Microsoft in the past fiscal quarter. Preserving a small firm feel and innovative culture seems high on Google's radar. As somebody who worked in the technology industry for years, I will say that Google seems to want a good mix of metrics driven performance, as well as creativity, from its employees. In the end, its corporate culture may play an important role for future innovation and commercial performance.
posted by Noel Le @ 8:01 PM | General
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| Numbers Speak Louder than Words |
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In elegantly clear capitalistic language, Nick Carr reminds us that Microsoft is still the ocean, and its competitors, while not pond scum, line-up behind the evil empire. And what evidence does Carr cite? The numbers... Its latest quarterly results, released late yesterday, blew past analysts' expectations, thanks in large part to unexpectedly strong demand for the much-maligned Vista operating system as well as the new verion of Office. The stock popped in response to the numbers.
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Microsoft remains a formidable company and competitor, with a whole lot of cash at its disposal. Take it for dead, or irrelevant, at your own risk. Of course, the SEC is narrow minded in some ways. It only knows one economics- $$$. Stallman and the FSF should slip a provision into GPL3 that bars licensees from any affiliation, professional or personal, with the SEC. The SEC should explain to the FSF why it does not account for the four freedoms, and issue an apology to the FOSS community if the reason is simply that it neglected to read Stallman's manifesto.
posted by Noel Le @ 5:45 PM | Free Culture Movement
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...and it should focus on potential rather than results with headlines like these. 1. Is Commercialization Killing Open Source?
2. Is 'Linux on Wall Street' an Oxymoron?
3. Open source becoming more innovative?
4. A funny thing happened to open source. Such headlines would seem suitable if FOSS was a new phenomenon. But FOSS is not new, and repeating its marketing slogans about potential over and over won't help it.
posted by Noel Le @ 3:45 PM | Free Culture Movement
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| 04.27.2007 |
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| Congressional High Tech Agendas - Continued |
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Declan McCullagh of C|Net News examines the agendas recently presented by the two parties.
He finds the omissions interesting:
Net neutrality became one the hottest political flashpoints in the last year. But in what might seem to be an odd omission, both Republicans and Democrats studiously ignored it this week when touting their technology agendas for 2007.
Also absent from the list of congressional priorities were controversial topics like social-network restrictions, Internet surveillance, data retention, spyware, and laws aimed at regulating Google and its competitors when doing business in China. As to what's included:
Continue reading Congressional High Tech Agendas - Continued . . .
posted by James DeLong @ 11:57 AM | Legislation and Legislators
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Patent expert Harold Wegner's e-letter comments on the rising Public Perception of Patent Importance:
Just a decade ago, a patent hearing would have drawn gaping yawns from the public with a smattering of a few Washington regulars and largely vacant seats, both for the members and the audience.
Continue reading Patents & the Public . . .
posted by James DeLong @ 11:22 AM | Patents
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The Senate Republican High Tech Task Force released its Agenda for the 110th Congress yesterday, with recommendations divided into four categoriies:
* Improve Quality of Life through Technology
* Strengthen the Economy through Sensible Fiscal Policy
* Eradicate Barriers to Innovation
* Eliminate Barriers to Trade
The Senate Democratic High Tech Task Force also has an Agenda posted, but it is undated, so I have no idea how current it is. Its divisions are:
* Strengthening U.S. Competitiveness and Innovation Through Sustained Investments
* Accelerate the Rapid Widespread Deployment of Affordable Broadband Networks
* Meeting the Educational and Training Needs of the 21st Century Workforce
* A Business Climate Favorable to Innovation
* Accessing Global Markets in a Changing World
* Improving the Quality and Efficiency of Health Care Delivery
posted by James DeLong @ 10:37 AM | General
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Jack Valenti, former head of the MPAA, died yesterday.
He loved movies, loved his industry, and was genuinely baffled by the file sharers and P2Pers who would sabotage it. He was one of the moving forces behind the creation of IPCentral.Info, not as a vehicle for propaganda but as a channel of education -- he was certain that if only property rights issues could be explained clearly enough then his opponents would be convinced. And he never stopped trying.
Ave atque vale.
posted by James DeLong @ 7:51 AM | General
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| 04.27.2007 |
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posted by James DeLong @ 7:45 AM | Academia
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posted by Noel Le @ 12:59 AM | Free Culture Movement
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| 04.26.2007 |
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posted by James DeLong @ 2:13 PM | Big Tent
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posted by Solveig Singleton @ 2:06 PM | Liberty and IP
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posted by James DeLong @ 1:19 PM | Internet: P2P, Search Engines...
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posted by Noel Le @ 12:24 PM | General
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posted by James DeLong @ 10:06 AM | International
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posted by James DeLong @ 9:25 AM | International , Patents
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posted by Noel Le @ 6:42 AM | Free Culture Movement
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posted by Noel Le @ 6:03 AM | Free Culture Movement
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| 04.25.2007 |
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posted by James DeLong @ 4:51 PM | International
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posted by Amy Smorodin @ 2:42 PM | Academia , Patents
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posted by Solveig Singleton @ 11:21 AM | Enforcement & Remedies , International , Internet: P2P, Search Engines... , Media: Video, Music...
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posted by Solveig Singleton @ 11:17 AM | Legislation and Legislators , Patents
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posted by James DeLong @ 8:45 AM | Antitrust
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posted by James DeLong @ 8:35 AM | International
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| 04.24.2007 |
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posted by Noel Le @ 10:54 PM | Markets: Business, Investment & Innovation
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posted by Noel Le @ 5:59 PM | Free Culture Movement
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posted by James DeLong @ 5:23 PM | Enforcement & Remedies
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posted by Solveig Singleton @ 8:11 AM | Antitrust
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| 04.23.2007 |
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posted by James DeLong @ 2:08 PM |
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posted by James DeLong @ 12:11 PM | General
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posted by James DeLong @ 11:44 AM | DRM & Watermarks, etc.
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posted by Amy Smorodin @ 10:06 AM | General
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posted by James DeLong @ 9:24 AM | Software
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posted by James DeLong @ 7:20 AM | Internet: P2P, Search Engines...
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posted by James DeLong @ 6:42 AM | Patents
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| 04.22.2007 |
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posted by Noel Le @ 7:24 PM | General
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| 04.20.2007 |
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posted by James DeLong @ 3:14 PM | International
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posted by James DeLong @ 11:12 AM | Internet: P2P, Search Engines...
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posted by Noel Le @ 7:00 AM | Academia , Patents
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| 04.19.2007 |
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posted by Solveig Singleton @ 3:30 PM | Legislation and Legislators , Patents
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posted by Solveig Singleton @ 9:58 AM | Internet: P2P, Search Engines...
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posted by Solveig Singleton @ 9:53 AM | Access: Commons, Fair Use, Orphan Works, Public Domain
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posted by Noel Le @ 7:00 AM | Academia , International , Patents
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| 04.18.2007 |
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posted by James DeLong @ 3:15 PM | Patents
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posted by James DeLong @ 3:03 PM | Antitrust , Markets: Business, Investment & Innovation
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posted by Solveig Singleton @ 9:53 AM | Patents , Software
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posted by James DeLong @ 9:52 AM | Internet: P2P, Search Engines...
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posted by Solveig Singleton @ 9:43 AM | Access: Commons, Fair Use, Orphan Works, Public Domain
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posted by Solveig Singleton @ 9:31 AM | International
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posted by James DeLong @ 8:26 AM | Academia , Markets: Business, Investment & Innovation
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posted by James DeLong @ 6:45 AM | Antitrust
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| 04.17.2007 |
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posted by Noel Le @ 8:49 PM | Free Culture Movement
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posted by Amy Smorodin @ 1:27 PM | Markets: Business, Investment & Innovation , Patents
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posted by Noel Le @ 7:20 AM | DMCA , Free Culture Movement
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| 04.16.2007 |
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posted by Noel Le @ 11:05 PM | Free Culture Movement
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posted by James DeLong @ 1:31 PM | International
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posted by James DeLong @ 10:53 AM | Software
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posted by James DeLong @ 10:09 AM | Internet: P2P, Search Engines... , Media: Video, Music...
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posted by James DeLong @ 8:49 AM | Media: Video, Music...
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posted by James DeLong @ 7:30 AM | Internet: P2P, Search Engines...
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posted by James DeLong @ 7:00 AM | Internet: P2P, Search Engines...
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posted by Noel Le @ 3:32 AM | Free Culture Movement
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| 04.15.2007 |
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posted by Noel Le @ 3:07 PM | Free Culture Movement
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| 04.14.2007 |
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posted by Noel Le @ 3:56 PM | Free Culture Movement
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| 04.13.2007 |
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posted by James DeLong @ 3:36 PM | General
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posted by James DeLong @ 3:27 PM | Radio
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posted by James DeLong @ 3:09 PM | Media: Video, Music...
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| 04.12.2007 |
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posted by Noel Le @ 10:29 PM | Free Culture Movement
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posted by Solveig Singleton @ 2:25 PM | Free Culture Movement , Markets: Business, Investment & Innovation
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posted by Solveig Singleton @ 7:56 AM | Patents
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| 04.11.2007 |
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posted by Noel Le @ 6:55 PM | Free Culture Movement
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posted by Solveig Singleton @ 3:22 PM | Access: Commons, Fair Use, Orphan Works, Public Domain
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posted by Solveig Singleton @ 3:15 PM | Antitrust
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posted by James DeLong @ 10:06 AM | Telecom
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posted by James DeLong @ 9:53 AM | Software
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| 04.10.2007 |
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posted by Noel Le @ 6:19 AM | Markets: Business, Investment & Innovation
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| 04. 9.2007 |
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posted by James DeLong @ 11:59 AM | Software
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posted by Solveig Singleton @ 11:58 AM | Markets: Business, Investment & Innovation
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posted by James DeLong @ 10:11 AM | International , Markets: Business, Investment & Innovation
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posted by James DeLong @ 9:49 AM | Markets: Business, Investment & Innovation
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posted by Solveig Singleton @ 8:33 AM | DRM & Watermarks, etc.
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posted by Solveig Singleton @ 8:29 AM | Software
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posted by James DeLong @ 8:21 AM | Markets: Business, Investment & Innovation
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posted by Solveig Singleton @ 8:09 AM | Antitrust , Software
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posted by James DeLong @ 6:22 AM | Software
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| 04. 8.2007 |
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posted by Noel Le @ 4:51 PM | Free Culture Movement
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| 04. 6.2007 |
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posted by Noel Le @ 2:57 PM |
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posted by Noel Le @ 2:29 PM | DRM & Watermarks, etc.
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posted by James DeLong @ 12:05 PM | Software
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posted by James DeLong @ 11:29 AM | Internet: P2P, Search Engines...
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posted by James DeLong @ 9:37 AM | Big Tent
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| 04. 5.2007 |
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posted by James DeLong @ 3:18 PM | Markets: Business, Investment & Innovation , Media: Video, Music...
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posted by James DeLong @ 11:03 AM | Big Tent
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posted by Solveig Singleton @ 10:31 AM | Software
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posted by James DeLong @ 7:44 AM | Software
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| 04. 4.2007 |
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posted by James DeLong @ 1:17 PM | Internet: P2P, Search Engines... , Markets: Business, Investment & Innovation , Media: Video, Music...
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posted by James DeLong @ 12:16 PM | Software
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posted by Amy Smorodin @ 10:28 AM | Access: Commons, Fair Use, Orphan Works, Public Domain , DMCA , Enforcement & Remedies
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| 04. 3.2007 |
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posted by James DeLong @ 7:50 PM | Big Tent , International , Physical Property
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posted by James DeLong @ 7:40 PM | DRM & Watermarks, etc. , Markets: Business, Investment & Innovation , Media: Video, Music...
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posted by Noel Le @ 10:54 AM | Free Culture Movement
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| 04. 2.2007 |
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posted by Noel Le @ 8:17 PM | DMCA , DRM & Watermarks, etc. , Free Culture Movement
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posted by Solveig Singleton @ 4:48 PM | Software
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posted by James DeLong @ 10:01 AM | Markets: Business, Investment & Innovation
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posted by Solveig Singleton @ 9:44 AM | Internet: P2P, Search Engines...
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posted by Solveig Singleton @ 9:39 AM | Internet: P2P, Search Engines...
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posted by James DeLong @ 9:09 AM | Software
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posted by James DeLong @ 8:00 AM | Internet: P2P, Search Engines... , Markets: Business, Investment & Innovation
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| 04. 1.2007 |
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posted by James DeLong @ 8:37 AM | General
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