As Academic Publishers Fight And Subvert Open Access, Preprints Offer An Alternative Approach For Sharing Knowledge Widely

21 08 2018

TechDirt

Glyn Moody

The key idea behind open access is that everyone with an Internet connection should be able to read academic papers without needing to pay for them. Or rather without needing to pay again, since most research is funded using taxpayers’ money. It’s hard to argue against that proposition, or that making information available in this way is likely to increase the rate at which medical and scientific discoveries are made for the benefit of all. And yet, as Techdirt has reported, academic publishers that often enjoy profit margins of 30-40% have adopted a range of approaches to undermine open access and its aims — and with considerable success. A recent opinion column in the Canadian journal University Affairs explains how traditional publishers have managed to subvert open access for their own benefit:

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Google vs. the Luddites: A Patent Battle Neither Side Should Win

7 08 2018

IP Watchdog

Steve Brachmann
June 27, 2018

[ed’s note: just because arguments about software patents v. open source can be incredibly detailed and convoluted, doesn’t mean that we should or shouldn’t allow software patents. HOWEVER . . . criteria for deciding what’s best IS muddy and neither the courts nor the USPTO have much helped. One is almost tempted to say: “maybe this is an area where market forces should prevail since the government is never going to get it right.” On the other hand, our experience with THAT, in the tech sector, is an open invitation for monopoly rather than innovation. Sigh.]

 

The idea that all software is obvious is a theoretical argument that doesn’t just border on the scattological, it wades right into the sewer. Consider artificial intelligence. If AI, which requires the use of software algorithms, is supposed to augment human intelligence and provide us with answers to questions we can’t figure out without the use of AI, how is that at all obvious? What about IBM’s Watson cognitive computing platform? … When the highest court in the land incorporates such backward-minded patterns of thought which allows them to say that “At its most basic, a computer is just a calculator capable of performing mental steps faster than a human could,” the U.S. patent system must be a relative paradise to Duda and other anti-patent Luddites who believe that software inventions cannot and should not be patentable at all.

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The content in this post was found at https://www.ipwatchdog.com/2018/06/27/google-luddites-patent-battle/id=98454/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Oracle America v. Google, Free Java: Fair or Unfair?

25 07 2018

IP Watchdog
Jie Lian
July 9, 2018

[ed notes: This ruling/case could be ENORMOUSLY important in the open source v proprietary software space]

The Federal Circuit recently decided the case of Oracle America v. Google Inc. To “attract Java developers to build apps for Android,” Google copied the declaring code, but wrote its own implementing code for the 37 Java API packages. Id at 1187.  Previously, the Federal Circuit held that “[the] declaring code and the structure, sequence, and organization (‘SSO’) of the Java API packages are entitled to copyright protection.” .  On the other hand, the Federal Circuit also recognized that a reasonable jury could find that “the functional aspects of the packages” are “relevant to Google’s fair use defense.” In this key decision that has the potential to rock the software industry, the Court of Appeals for the Federal Circuit rejected the jury verdict and found that “Google’s use of the 37 Java API packages was not fair as a matter of law.

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The content in this post was found at https://www.ipwatchdog.com/2018/07/09/oracle-america-v-google-free-java-fair-or-unfair/id=98763/Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

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3D Printing for Consumers: What Does it Mean for the Future of IP?

5 01 2018

Patent filings relating to 3D printing have increased 23-fold over the last five years, and trademark filings for businesses involved in 3D printing have increased 300 percent over the same time. Obviously, there is great excitement over the promise of 3D printing, but there is also concern about how 3D printing could make it too easy to copy a patented product with a push of a button… Traditionally, it is more important to have patent claims that protect products, components of products, arrangements of products, etc. Future IP will weigh more heavily on ideas and designs, rather than methods, which will be increasingly become difficult to police. These files will serve as proof of an owners’ pre-established rights, and could prove to be a major profit-making source in the future. And while copyrights are susceptible to fair use claims in a way patents are not, copyrights last for an extremely long time (e.g., 70 years beyond the death of the author).

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The content in this post was found at http://www.ipwatchdog.com/2017/04/25/3d-printing-consumers-future-ip/id=82533/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



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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The content in this post was found at http://www.ipwatchdog.com/2017/03/09/google-open-innovation-efficient-infringement/id=78977/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



2H 2016 Quick Links, Part 2 (Copyright & Open Access)

3 01 2017

Copyright

* Goldstein v. Metropolitan Regional Information Systems, Inc., 2016 WL 4257457 (D. Md. Aug. 11, 2016)

* Seide v. Level-(1) Global Solutions, LLC, 2016 WL 4206076 (N.D. Ill. Aug. 10, 2016):

* BMG Rights Management (US) LLC v. Cox Communications, Inc., 2016 WL 4224964 (E.D. Va. Aug. 8, 2016):

* Disney Enterprises v. VidAngel, 2:16-cv-04109 (C.D. Cal. Dec. 12, 2016). There is no space-shifting exception to 1201’s anti-circumvention restrictions. Also:

The Family Home Movie Act didn’t apply because:

VidAngel’s defense failed in part because:

* Public Knowledge: The Growing List of How the Copyright Office Has Failed Us. Full report.

* Sisyphus Touring, Inc. v. TMZ Productions, Inc., CV No. 15-09512-RSWL-PJW (C.D. Cal. Sept. 23, 2016):

* Ouellette v. Viacom International, Inc., 2016 WL 7407244 (9th Cir. Dec. 22, 2016). Another 512(f) case fails due to Rossi. Prior blog posts (1, 2).

* Opinion Corp. v. Roca Labs, Inc., 2016 WL 6824383 (M.D. Fla. Nov. 17, 2016). You can’t even win a 17 USC 512(f) case on a default judgment.

* TorrentFreak: [Canadian] Court Awards Damages Following Bogus DMCA Takedowns

* Devil’s Advocate LLC v. Zurich American Insurance Company, No. 15-1048. (4th Cir. Nov. 22, 2016).

Prior blog post.

* The Board of Immigration Appeals holds that a person can be deported for criminal copyright infringement because it is a crime of moral turpitude.

* Ars Technica on EU’s proposed copyright reforms (hint: it’s not going well). Financial Times: “The kindest interpretation one can place on these proposals is that the commission has simply misunderstood the digital marketplace. A more cynical view is that it has caved in to fierce lobbying by a number of powerful European publishers”

* A new chapter in the linking saga

* Michael Geist: Music Canada Reverses on Years of Copyright Lobbying: Now Says WIPO Internet Treaties Were Wrong Guess

* Kirtsaeng denied his attorneys’ fees again.

* ABA Journal: Who’s the pirate? Lawyers join forces to fight allegedly bogus claims of pay-TV theft

* GQ: An Oral History of “We Built This City,” the Worst Song of All Time

Open Access

* James Grimmelmann: “Alternative Publishing Models For Cost-Conscious Professors”

* FTC Charges Academic Journal Publisher OMICS Group Deceived Researchers

* Does clickbait apply to academia?

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Google’s fair use victory is good for open source

3 06 2016
Oracle and Google have been fighting for six years about whether Google infringed copyright by its use of 37 of the 166 packages that constitute the Java API in the Android software platform for smart phones. Last week, Google won a jury trial verdict that its reuse of the Java API elements was fair use.

Let me first explain the main facts and claims in the lawsuit, and then why Google’s fair use victory is a good thing not only for Google but also for open source developers, for software developers more generally, and for the public.

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The content in this post was found at http://arstechnica.com/tech-policy/2016/06/googles-fair-use-victory-is-good-for-open-source/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



The Google/Oracle decision was bad for copyright and bad for software

3 06 2016
Oracle’s long-running lawsuit against Google has raised two contentious questions. The first is whether application programming interfaces (APIs) should be copyrightable at all. The second is whether, if they are copyrightable, repurposing portions of those APIs can be done without a license in the name of “fair use.”

In the first trial between the companies, the court ruled that Google had copied portions of Java but that these copied portions were mere APIs; as such, they were not protected by copyright law. An appeals court later reversed this part of the decision, asserting that the “structure, sequence, and organization” of an API was in fact protectable by copyright. The case was then returned to the trial court to ascertain whether the (previously acknowledged) copying of (now copyright-protected) Oracle material was an infringement of copyright.

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Op-ed: Oracle attorney says Google’s court victory might kill the GPL

30 05 2016

Annette Hurst is an attorney at Orrick, Herrington & Sutcliffe who represented Oracle in the recent Oracle v. Google trial. This op-ed represents her own views and is not intended to represent those of her client or Ars Technica.

The Oracle v. Google trial concluded yesterday when a jury returned a verdict in Google’s favor. The litigation began in 2010, when Oracle sued Google, saying that the use of Java APIs in Android violated copyright law. After a 2012 trial, a judge held that APIs can’t be copyrighted at all, but that ruling was overturned on appeal. In the trial this month, Google successfully argued that its use of Java APIs, about 11,500 lines of code in all, was protected by “fair use.”

The developer community may be celebrating today what it perceives as a victory in Oracle v. Google. Google won a verdict that an unauthorized, commercial, competitive, harmful use of software in billions of products is fair use. No copyright expert would have ever predicted such a use would be considered fair. Before celebrating, developers should take a closer look. Not only will creators everywhere suffer from this decision if it remains intact, but the free software movement itself now faces substantial jeopardy.

 

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The content in this post was found at http://arstechnica.com/tech-policy/2016/05/op-ed-oracle-attorney-says-googles-court-victory-might-kill-the-gpl/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Low-cost IMSI catcher for 4G/LTE networks tracks phone’s precise locations

2 12 2015
Ars Technica
October 28, 2015
Dan Goodin
Researchers have devised a low-cost way to discover the precise location of smartphones using the latest LTE standard for mobile networks, a feat that shatters widely held perceptions that it’s immune to the types of attacks that targeted earlier specifications.

The attacks target the LTE specification, which is expected to have a user base of about 1.37 billion people by the end of the year. They require about $1,400 worth of hardware that run freely available open-source software. The equipment can cause all LTE-compliant phones to leak their location to within a 32- to 64-foot (about 10 to 20 meter) radius and in some cases their GPS coordinates, although such attacks may be detected by savvy phone users. A separate method that’s almost impossible to detect teases out locations to within an area of roughly one square mile in an urban setting.

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The content in this post was found at http://arstechnica.com/security/2015/10/low-cost-imsi-catcher-for-4glte-networks-track-phones-precise-locations/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.