Hathi Trust case – full docket available at Justia

31 10 2017

http://dockets.justia.com/docket/circuit-courts/ca2/12-4547

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Is it in the Public Domain? Review by Peter Hirtle

31 10 2017

[UPDATE from Peter Hirtle: That didn’t take long.  The authors of the handbook have responded to my specific issues below by updating and/or correcting the handbook.  A new version is available at http://www.law.berkeley.edu/files/FINAL_PublicDomain_Handbook_FINAL(1).pdf.  A very good resource has become even better.]

Stanford Copyright and Fair Use Center Advisory Board Member Peter Hirtle reviews Is it in the Public Domain?

But within the context of these reasonable caveats, the handbook has met its goal. I will be sure to add it to my list of recommended resources.

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Public Domain Handbook – Samuelson clinic

31 10 2017

The Samuelson clinic has put together what  looks like a useful, thorough new handbook to help you determine if a work is in the public domain. http://www.law.berkeley.edu/files/Final_PublicDomain_Handbook.pdf

Most helpful is the complete FLOW CHART. We’ll put both the handbook and the flowchart in our CHARTS AND TOOLS section for your hand reference. http://www.law.berkeley.edu/files/Final_PublicDomain_Flowcharts(6).pdf

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Protecting Your Intellectual Property in the Internet of Things

12 10 2017

The Internet of Things (IoT) has been upon us for some time now, though many are just beginning to see it — the interconnected network of devices that increasingly surrounds us. We actually welcomed the first personal IoT device a while ago in the smart phone, a device whose functionality depends on its connection to a cellular network or the internet. Imagine the impact your phone has had many times over — with billions of interconnected smart devices — and you get a sense of the IoT’s expected scale… Unfortunately, protecting your IP in the IoT is likely to be both more complicated and lead to more patent infringement lawsuits than ever before.

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Nothing artificial about this intelligence: AI meets IP

12 10 2017

Artificial intelligence (AI) is no longer a plot point in futuristic sci-fi novels and films. In many aspects of our lives, machines are increasingly performing tasks previously handled by human intelligence. The current and potential applications of AI span a breadth of industries… Whether it’s patent search, online advertising or aviation, AI helps by acting as a multiplier for human function and creativity. As humans continue to innovate, producing an overwhelming amount of work which translates into an incredible amount of data, AI will be the key to decoding and uncovering necessary information.

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EFF: Stupid patents are dragging down AI and machine learning

3 10 2017
Each month, the patent lawyers at the Electronic Frontier Foundation shine a spotlight on one particular patent they believe is a drag on innovation. This month, they’re looking at one of the fastest-growing sectors of technology: machine learning and artificial intelligence.

EFF lawyer Daniel Nazer has picked out an artificial intelligence patent belonging to Hampton Creek, a San Francisco food-tech company that markets products under the brand name “just.” US Patent No. 9,760,834 describes what the company calls its “machine-learning enabled discovery platform” and ways of discovering new ingredients.

The patent claim is on the long side, so there’s a whole variety of specific things one would have to do to infringe it. But EFF’s Daniel Nazer says the patent “reflects a worrying trend” because the lengthy Claim 1 amounts to doing machine learning on a particular type of application. During the prosecution process, Hampton Creek argued that its patent should be allowed, in part, because earlier techniques applied machine learning to “assay data” rather than protein fragments.

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Google open innovation powered by efficient infringement

13 03 2017

Given the growth of efficient infringement, Google can operate in an open innovation way, applying open source principles to patented technologies from outside of the company as well as from those inside the company and partners… If it were not for efficient infringement it would be impossible for one company to be involved in as many different areas of endeavor as Google/Alphabet have attempted. The only feasible way for them to hunt for the next revenue stream seems to be to scatter-shot innovation by going in numerous different directions without any real focus. Of course, that requires them to ignore the rights of others and pretend we live in an open source world without any patent rights. Ironically, it is this disparate and uncoordinated approach to innovating that is also preventing Google from developing any kind of mastery outside of their core search competency and revenue generating model.

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Intellectual Property Professors Call on Congress to Modernize the Copyright Office

24 12 2016

As the Library of Congress ushers in a new era with a new Librarian, the time is ripe to ensure that the Copyright Office has the accountability and authority to best serve all of its stakeholders—most of all the American public. The nomination of Dr. Hayden as the next Librarian of Congress provides us with the opportunity to clarify the importance of the roles both the Library of Congress and the U.S. Copyright Office play in creating, cataloging, and administering the systems that preserve and promote our nation’s culture, by ensuring that the two talented leaders have a close partnership and a direct working relationship, with appropriately defined authority and responsibility for their respective areas of expertise.

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‘Happy Birthday To You’ Now In the Public Domain

2 12 2015

IPWatchdog

October 28, 2015

Renee C. Quinn & Brian Focarnio

For as long as I can remember, whenever we celebrated a birthday, we inevitably would gather around the birthday boy or girl and sing “Happy Birthday To You.” But now that the copyright is in question, new evidence brought to light that the song belonged in the public domain. Happy Birthday may very well be the oldest – and most widely recognizable – orphan work of all time. In 2013, a documentary filmmaker challenged the copyright on the world’s most popular song, calling Warner/Chappell Music’s claim to copyright royalties bogus. The filmmakers’ claim was no small declaration. By 1996, Warner/Chappell, who since 1988 has purported to own the rights to the song, was collecting over $2 million per year in licensing fees. The basis of Warner/Chappell’s claim is a copyright registration from 1935, made by the Summy Company, Warner/Chappell’s predecessor in interest.

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Is it in the Public Domain? Review by Peter Hirtle

2 12 2015

Standford University Library

June 9, 2014

Mary Minow

[UPDATE from Peter Hirtle: That didn’t take long.  The authors of the handbook have responded to my specific issues below by updating and/or correcting the handbook.  A new version is available at http://www.law.berkeley.edu/files/FINAL_PublicDomain_Handbook_FINAL(1).pdf.  A very good resource has become even better.]

Stanford Copyright and Fair Use Center Advisory Board Member Peter Hirtle reviews Is it in the Public Domain?

Peter Hirtle, Stanford Copyright and Fair Use Center Advisory Board

It is very difficult to determine whether works are in the public domain in the United States.  That is why I had to create my duration chart as an aidemémoire: any time I tried to remember the various options, I got them wrong.  It is also why I felt compelled to write an article highlighting some of the traps lurking within the seeming clear-cut categories.  And it is why Stephen Fishman needs 700+ pages in his legal treatise, Copyright and The Public Domain.

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