Narratives and evidence in the litigation of high-tech patents
Colleen Chien has a paper in SSRN, dated April of 2009, that explores the narrative of patents, from the epithet of “troll” applied to patent owners who seek only to leverage their patent through licensing, and not application, and including our rather romantic perception of an inventor.
Evolution vs. Revolution: Overcoming Resistance to Change
Image via CrunchBase Speaking in the context of technology, Michael Crandell at GigaOM writes: Take yourself back for a moment to 1990, to the era of dueling operating systems: OS/2 and Windows. At the time, many people still used MS-DOS, and Windows was new (and klunky). Microsoft had cooperated with IBM to create OS/2 to overcome […]
Thomson Reuters Lawsuit Against Zotero Dismissed
Image via Wikipedia Sean, a Zotero co-director, announced yesterday that the lawsuit filed by Thomson Reuters (makers of EndNote) was dismissed yesterday: I’m delighted to announce that this morning the Fairfax Circuit Court dismissed the lawsuit filed against Zotero by Thomson Reuters. The lawsuit had claimed that the Center for History and New Media “reverse-engineered” Thomson […]
In re Bilski Revisited: Business-Method Patents to Go Before the Supreme Court
The Supreme Court has agreed to hear In re Bilski, a case that may well invalidate business-method patents.
What You Write Could Get You Sued
Image by AFP/Getty Images via Daylife From the Wall Street Journal comes an article cheerfully titled Bloggers, Beware: What You Write Can Get You Sued — WSJ.com Be careful what you post online. You could get sued. In March 2008, Shellee Hale of Bellevue, Wash., posted in several online forums about a hacker attack on a company that makes software […]
An Evidence-Based Approach to Law and Science
John Pfaff has been writing a series of articles for PrawfsBlawg over the last month or so, focusing on “Empirical Legal Scholarship” (ELS). ELS brings empirical social science research, including especially statistical studies, into the realm of the law. (Law & Economics would be another, related attempt to bring math and the law together.) One of […]
Reusable Example Privacy Policy and Terms of Use
So you’ve decided your new Web site needs a privacy policy or terms of service. Why? Perhaps you are collecting personal information, or providing a service that visitors may come to depend on. (Or maybe you’re just a lawyer and obsessively use disclaimers, waivers, and contracts throughout your daily life. If you make your co-rec soccer opponents sign […]
Copyright as Antidote to DRM
Image via Wikipedia Consider this idea: without copyright protection for digital media, we would have even more Digital Rights Management. Why? Because without it, recouping up-front investment without restricting distribution would be difficult or impossible. Since I often see a confluence of beliefs around those who hate DRM and those who hate copyright laws (I myself fall […]
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