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About GregSJI am a law student and tech geek. I am specializing in IP law. For more info and random diatribes check out my blog http://www.runwiththelaw.com |
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(as GregSJ)
"In the meantime, it makes you wonder what the hell anyone was thinking in sending out such a bogus DMCA. Do people really not recognize the consequences?"
Apparently someone doesn't as this continues to happen. It's either poor lawyering or clients who are unwilling to heed their lawyers' advice (I'm guessing the first). To me this is a sign that I will be successful post law school even in this over crowded JD market; it is clear that too many people don't understand the legal and business implications of their decisions.
(as GregSJ)
I actually researched this patent as part of my summer internship after my 1L year. It is definitely proof the USPTO needs to work on its POSITA standard.
trueanthem (as GregSJ)
There is another site that has been around for a 1.5 now that does something similar. Instead of a video ad before downloading content you get DRM-free content but with a advertisement at the start of the song. The ads seem to primarily be the artist introducing the song like a dj and saying brought to you by ________ advertiser.
So far the site appears to only have independent bands.
It's an interesting business model with a presumably cheaper CPM. While I expected the ads to be incredibly annoying I have found that they aren't that noticeable. It's not necessarily the answer but it is another model trying to make it work.
www.trueanthem.com
(as GregSJ)
For a great overview of Economics and Patent law I highly recommend David D. Friedman's book Law's Order: WWhat Economics Has to Do with Law and Why It Matters
Law & Economy (as GregSJ)
For a great overview of the concepts of Economics and Patent law I highly recommend David Friedman's Book Laws Order: What Economics Has to Do with Law and Why It Matters which he has made available online here: http://daviddfriedman.com/laws_order/index.shtml (specifically chapter 11 on IP)
(as GregSJ)
Further proof it worked. Just bought tickets to next weeks show. Haven't been to an ACT performance in years.
Apple lawsuit (as GregSJ)
Mike,
Isn't apple involved in an anti-trust lawsuit in Europe about its failure to allow other devices to connect to iTunes?
(as GregSJ)
"How much do you want to bet Congress will ignore it?"
Sadly a lot.
Thanks for the find Mike.
(as GregSJ)
Mike,
This one could be really simple: contingency fee. Or just a gamble that the relatively low appeals cost was worth the potential multi-million dollar judgment
Re: Oh NO! (as GregSJ)
LOL. Love the sarcasm code.
First PB now Mininova. Didn't aXXo leave Mininova because of some dispute? (or was that PB?)
As far as your question Mike, they are both pretty unethical. Unfortunately lawyers don't get punished enough for the lies and bogus claims they bring into courts.
Monopoly (as GregSJ)
Is it possible that this is the sort of monopoly that will finally lead venues and promoters to choose another option for ticket sales?
Without immediate changes, I'd be surprised if some ambitious attorney did not try and sue over some sort of First Sale Doctrine claim of action.
Thank goodness (as GregSJ)
Glad to see that the Twitter didn't settle. Way to go AP for providing another example of why main stream news is failing.
Re: Players Associations, Not Leagues (as GregSJ)
Very true. That is what I deserve for being lazy. (I had hoped the case citations were evidence enough.)
Precedent (as GregSJ)
Take 2 (for some reason all of my comments keep getting held for moderation.)
Yahoo did indeed file the suit to get jurisdiction of their choice. The MN court has already heard this issue and held against the NFL (CBS Interactive, Inc. v. Nat. Football League Players Inc., 70:08-cv-0597-ADM-SRN (D. Minn.))
Whereas the NFL won a similar lawsuit in Florida (Gridiron.com, Inc. v. Nat'l Football League, Player's Ass'n, Inc., 106 F. Supp. 2d 1309, 1315 (S.D. Fla. 2000))
Thus given the NFL's threat in seems clear that Yahoo wanted to file first to get a jurisdiction with better precedent.
Likelihood of Confusion (as GregSJ)
Likelihood of confusion = 0.
Cost of filing the suit = high.
Cost of rewriting trademark law = higher (would be cheaper if everybody pooled resources but have a public good problem.)
Thus:
trademark law's obligation to protect = happy attorneys ...
Public Policy re: IP laws (as GregSJ)
Mike,
Great article! I think you got it exactly right when you said:
Seems to me this is the exact purpose of Intellectual Property law; to reward creators/inventors for sharing their ideas with the public. The concept being that the idea is much more valuable to society when it is shared.