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<channel>
<title>Techdirt. Stories filed under &quot;recipes&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
<language>en-us</language>
<image><title>Techdirt. Stories filed under &quot;recipes&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Fri, 24 May 2013 17:00:00 PDT</pubDate>
<title>DailyDirt: DIY Soda (Pop Or Whatever You Call Carbonated Beverages)</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20110311/01465413450/dailydirt-diy-soda-pop-whatever-you-call-carbonated-beverages.shtml</link>
<guid>http://www.techdirt.com/articles/20110311/01465413450/dailydirt-diy-soda-pop-whatever-you-call-carbonated-beverages.shtml</guid>
<description><![CDATA[ Making your own carbonated soft drinks has a few benefits -- from knowing where all the ingredients came from (eg. no brominated vegetable oil) to getting the satisfaction of creating your own custom flavoring. It's not quite as simple as punching a button on a vending machine, but it's not exactly rocket science, either. Here are just a few links on being your own soda jerk.

<ul>

<li> <a title="http://www.newyorker.com/online/blogs/newsdesk/2013/02/should-coke-and-pepsi-be-worried-about-sodastream.html" href="http://nyr.kr/10hdpoD">Sodastream has been around since 1903, but it went public on the Nasdaq in 2010 and started expanding its DIY soda making system to take on the big soft drink makers.</a> But marketing itself as an alternative isn't always easy, and it had to change its 2013 <a href="http://www.techdirt.com/articles/20130201/12210721856/cbs-bans-commercial-that-disparages-coke-pepsi-lets-them-disparage-each-other.shtml">SuperBowl commercial</a> to remove Coke and Pepsi logos. [<a href="http://www.newyorker.com/online/blogs/newsdesk/2013/02/should-coke-and-pepsi-be-worried-about-sodastream.html">url</a>]</li>

<li> <a title="https://medium.com/the-ingredients-2/221d449929ef" href="http://bit.ly/18JrDBO">The secret recipe for a can of Coca-Cola isn't just getting the mixture of caramel coloring and phosphoric acid right; there are also a zillion other details from packaging and distribution that have been optimized.</a> The top of the aluminum can is actually a different aluminum-magnesium alloy from the rest of the can, engineered so it can have a pop-top and still withstand the pressurized contents. [<a href="https://medium.com/the-ingredients-2/221d449929ef">url</a>]</li>

<li> <a title="http://www.wired.co.uk/news/archive/2013-04/15/making-your-own-cola" href="http://bit.ly/10xkuNp">When making your own soda, be sure to use 100% essential food oils that are rated food grade.</a> Recipes to make Open Cola and the "original" Coke are available, but there's a bit of set up involved. [<a href="http://www.wired.co.uk/news/archive/2013-04/15/making-your-own-cola">url</a>]</li>

</ul>



If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a> via StumbleUpon.<br /><br /><a href="http://www.techdirt.com/articles/20110311/01465413450/dailydirt-diy-soda-pop-whatever-you-call-carbonated-beverages.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110311/01465413450/dailydirt-diy-soda-pop-whatever-you-call-carbonated-beverages.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110311/01465413450/dailydirt-diy-soda-pop-whatever-you-call-carbonated-beverages.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>urls-we-dig-up</slash:department>
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</item>
<item>
<pubDate>Fri, 17 May 2013 17:00:00 PDT</pubDate>
<title>DailyDirt: DIY Junk Food</title>
<dc:creator>Joyce Hung</dc:creator>
<link>http://www.techdirt.com/articles/20110215/10434313108/dailydirt-diy-junk-food.shtml</link>
<guid>http://www.techdirt.com/articles/20110215/10434313108/dailydirt-diy-junk-food.shtml</guid>
<description><![CDATA[ Is it still junk food if you make it yourself? If you feel guilty about buying junk food and have lots of time on your hands, here are a few links that might inspire you to try recreating some popular snacks at home.

<ul>

<li> <a title="http://shine.yahoo.com/shine-food/diy-cheez-better-real-thing-213200166.html" href="http://yhoo.it/12hdqXU">Here's a recipe for homemade Cheez-It crackers, which supposedly taste better than the store-bought version.</a> By the time you're done making these, you'll wish that you had just gone to the store and bought a box of Cheez-Its. [<a href="http://shine.yahoo.com/shine-food/diy-cheez-better-real-thing-213200166.html">url</a>]</li>

<li> <a title="http://www.youtube.com/watch?v=2w_OxdmoiDQ" href="http://bit.ly/103vvup">McDonald's Canada has revealed exactly how they make their fries, "from the farm to the fryer."</a> If you've ever wondered whether their fries are made from real potatoes, the answer is yes. Their fries are cut from whole potatoes harvested from farms in New Brunswick, Alberta, and Manitoba. [<a href="http://www.youtube.com/watch?v=2w_OxdmoiDQ">url</a>]</li>

<li> <a title="http://www.nytimes.com/2012/03/07/dining/recreating-hostess-cupcakes-and-twinkies-at-home.html" href="http://nyti.ms/12yPbVl">Read about one junk food enthusiast's attempts to recreate Twinkies, Hostess Cupcakes, Oreos, and Fritos.</a> While some of the homemade versions were somewhat "healthier" calorie-wise, the general concensus was that there's just nothing like the real thing. [<a href="http://www.nytimes.com/2012/03/07/dining/recreating-hostess-cupcakes-and-twinkies-at-home.html">url</a>]</li>

</ul>


If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a> via StumbleUpon.<br /><br /><a href="http://www.techdirt.com/articles/20110215/10434313108/dailydirt-diy-junk-food.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110215/10434313108/dailydirt-diy-junk-food.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110215/10434313108/dailydirt-diy-junk-food.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>urls-we-dig-up</slash:department>
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</item>
<item>
<pubDate>Thu, 31 Jan 2013 15:57:00 PST</pubDate>
<title>Campbell's Hack The Kitchen Shows Anyone Can Have An Innovative Idea, And Anyone Can Screw It Up</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20130130/08552721826/campbells-hack-kitchen-shows-anyone-can-have-innovative-idea-anyone-can-screw-it-up.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20130130/08552721826/campbells-hack-kitchen-shows-anyone-can-have-innovative-idea-anyone-can-screw-it-up.shtml</guid>
<description><![CDATA[ <p>We're just about to start experimenting with a variety of new advertising setups here at Techdirt, which means we've been doing a lot of brainstorming about opportunities for creative, interesting campaigns in keeping with our philosophy that <a href="http://www.techdirt.com/articles/20080318/004136567/advertising-is-content-content-is-advertising.shtml">good advertising is good content</a>. One thing we've been noticing over and over is that the most innovative online marketing pushes don't just come from the usual suspects (tech companies and online services) but also from unexpected places&mdash;like a century-old soup company.</p>
<p>Campbell's is running <a href="http://www.hackthekitchen.com/">a very cool campaign called Hack The Kitchen</a>, for which they've developed a full-fledged recipe searching API that pulls data from their <a href="http://www.campbellskitchen.com/">Campbell's Kitchen</a> repository.</p>
<blockquote><em>This is your opportunity to revolutionize dinners everywhere: Develop a breakout idea based on the Campbell's Kitchen API that helps people decide: what&#8217;s for dinner tonight?<br /><br />
After seeing all the ideas, we&#8217;ll choose up to thirty semi-finalists and give them our API for three weeks to bring their ideas to life.<br /><br />
Up to ten finalists will then be invited to present their projects at Google&#8217;s HQ in NYC to compete for the championship and launch their ideas into the world.</em></blockquote>
<p>It's a fantastic concept, and the API looks genuinely useful. Not only is the contest itself a great marketing opportunity, it's setting Campbell's up for ongoing exposure through the apps that are developed.</p>
<p>But, having said how cool this is from a marketing perspective, it's time for the disclaimer&mdash;and it's a big one. The moment you get past the initial idea and into the details, things really start to fall apart from an innovation perspective. Firstly, as you probably noticed, the API is <em>not</em> being opened up to the public&mdash;only to the contest semi-finalists. That severely limits the amount of innovation that will happen, and the amount of exposure the company will get as a result&mdash;it also limits the number of developers that will even <em>want</em> to participate. Unfortunately, Campbell's reason for this is clear: they intend to take total ownership of anything that comes out of this campaign.</p>
<p>In fact, they are so concerned about this that the fine print states the cash prizes ($25,000 plus a development contract for the winner, $10,000 to runners up) are <strong>not prizes at all</strong>&mdash;they are a fee for your work:</p>
<blockquote><em>*Paid by Cambell for ownership of all ideas, concepts, code and intellectual property.</em></blockquote>
<p>Setting aside the fact that you cannot own an "idea", this just stinks. On the one hand, it's not uncommon for creative contests to take ownership of submissions (though that's hardly universal), but it is the complete antithesis of what <em>appears</em> to be the spirit of this campaign: hacking and innovation. This is actually a big problem with corporate-run hackathons and coding contests, which frequently demand total ownership at the end. No smart developer with a truly great app idea would give it away for $25,000 for the copyright plus another $25,000 to build it&mdash;a popular app with a long tail can be worth way, way more than that.</p>
<p>There's nothing wrong with Campbell's trying to get an official app or two out of this&mdash;but when you look closely, the people who are submitting these ideas don't seem to be getting much in return. They want everyone to submit their best ideas for free, then they want 30 people to actually build those ideas&mdash;then Campbell's will plunk down $10k to take total ownership of any that "could be developed by Campbell in the future" (thus stopping all those runners-up from moving forward with their apps independently, and presumably cutting off their API access) and toss $50k to one developer to make their app market-ready. The winner gets an <em>okay</em> deal, while the runners-up pretty much get screwed.</p>
<p>So, for the next time Campbell's or another company tries a genuinely cool and innovative idea like this, I suggest a few tweaks to make the execution less distasteful. Firstly, open the API up to everyone, and leave it open; have sensible limitations like any public API, but let people build what they want. Secondly, give away modest but genuine prizes with no strings, while <em>offering</em> a bounty for ideas that you want to own without making that rights transfer a requirement of the contest. Thirdly, promote the submitted apps in a public gallery, and encourage all developers to move forward with building, deploying and marketing their apps&mdash;you'll get a hell of a lot more exposure, and you might even find your API becoming the de facto standard for such development.</p>
<p>In the mean time, to anyone eyeing the contest while an idea ferments in their brain, I suggest letting the Friday deadline for submissions lapse, and looking into some of the <a href="http://punchfork.com/api" target="_blank">free</a> and <a href="http://api.bigoven.com/" target="_blank">open</a> recipe APIs to power your app.</p><br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20130130/08552721826/campbells-hack-kitchen-shows-anyone-can-have-innovative-idea-anyone-can-screw-it-up.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20130130/08552721826/campbells-hack-kitchen-shows-anyone-can-have-innovative-idea-anyone-can-screw-it-up.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20130130/08552721826/campbells-hack-kitchen-shows-anyone-can-have-innovative-idea-anyone-can-screw-it-up.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ideas-and-execution</slash:department>
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</item>
<item>
<pubDate>Fri, 3 Aug 2012 17:00:00 PDT</pubDate>
<title>DailyDirt: DIY Fast Food</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20100904/22430710904/dailydirt-diy-fast-food.shtml</link>
<guid>http://www.techdirt.com/articles/20100904/22430710904/dailydirt-diy-fast-food.shtml</guid>
<description><![CDATA[ Some restaurants guard their recipes as if they were the blueprints for a nuclear bomb. But it's usually not that difficult to reverse-engineer some kind of copycat meal that tastes pretty good, and there are tons of foodies out there with blogs dedicated to replicating all kinds of famous dishes. Here are just some examples of folks giving away the secret recipes for a few fast food favorites.

<ul>
<li> <a title="http://lifehacker.com/5925447/make-a-big-mac-at-home-courtesy-of-mcdonalds-executive-chef" href="http://bit.ly/MLkJPb">A McDonald's chef shows everyone how to make a Big Mac at home and points out that the secret sauce is actually published on the company's website.</a> Here's the big secret for the <a href="http://www.mcdonalds.com/us/en/food/product_nutrition.sandwiches.255.big-mac.html">sauce</a>: Soybean oil, pickle relish [diced pickles, high fructose corn syrup, sugar, vinegar, corn syrup, salt, calcium chloride, xanthan gum, potassium sorbate (preservative), spice extractives, polysorbate 80], distilled vinegar, water, egg yolks, high fructose corn syrup, onion powder, mustard seed, salt, spices, propylene glycol alginate, sodium benzoate (preservative), mustard bran, sugar, garlic powder, vegetable protein (hydrolyzed corn, soy and wheat), caramel color, extractives of paprika, soy lecithin, turmeric (color), calcium disodium EDTA (protect flavor). [<a href="http://lifehacker.com/5925447/make-a-big-mac-at-home-courtesy-of-mcdonalds-executive-chef">url</a>]</li>

<li> <a title="http://www.macheesmo.com/2010/04/chalupas/" href="http://bit.ly/MoyNBF">Making a a Taco Bell Chalupa doesn't look so difficult, but it takes a bit more effort than sitting in your car and shouting your order at a big menu sign.</a> Now if someone wants to figure out a home-made <a href="http://i.imgur.com/Z0zHj.jpg">Dorito</a> big enough to be a taco shell... [<a href="http://www.macheesmo.com/2010/04/chalupas/">url</a>]</li>

<li> <a title="http://thefw.com/chick-fil-gay-sandwich/" href="http://bit.ly/Lw8xRC">Some customers don't like Chick-Fil-A's political leanings when it comes to gay marriage, but they still want some tasty sandwiches.</a> The Chick-Fil-Gay is just one solution to that problem. [<a href="http://thefw.com/chick-fil-gay-sandwich/">url</a>]</li>
</ul>


If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20100904/22430710904/dailydirt-diy-fast-food.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100904/22430710904/dailydirt-diy-fast-food.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100904/22430710904/dailydirt-diy-fast-food.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
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</item>
<item>
<pubDate>Fri, 6 Jul 2012 17:00:00 PDT</pubDate>
<title>DailyDirt: No Accounting For Taste?</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20100304/0432398415/dailydirt-no-accounting-taste.shtml</link>
<guid>http://www.techdirt.com/articles/20100304/0432398415/dailydirt-no-accounting-taste.shtml</guid>
<description><![CDATA[ Quantifying how our taste buds react to different ingredients isn't an easy task. It's hard enough to get 4 out of 5 dentists to agree on a toothpaste, so it's understandably difficult to get untrained taste testers to agree on what kind of flavors they prefer. The assumption that there is a single "best-tasting" formula for a particular food is unrealistic in many cases, anyway, as Malcolm Gladwell's popular <a href="http://www.ted.com/talks/malcolm_gladwell_on_spaghetti_sauce.html">TED talk on spaghetti sauces</a> discusses. Still, food science has to take some kind of measurements, and here are just a few examples. 

<ul>

<li> <a title="http://drinks.seriouseats.com/2011/11/coffee-tasting-how-to-develop-your-palate-cupping-training-to-taste-better.html" href="http://bit.ly/MpCdD8">If you want to hone your tasting skills, you have to practice, practice, practice.</a> And maybe buy a bushel of different apples and try to describe each variety in as much detail as possible.... [<a href="http://drinks.seriouseats.com/2011/11/coffee-tasting-how-to-develop-your-palate-cupping-training-to-taste-better.html">url</a>]</li>

<li> <a title="http://www.nature.com/srep/2011/111215/srep00196/full/srep00196.html" href="http://bit.ly/KjRL7G">A fascinating study of Asian and Western food recipes shows that Western dishes tend to pair ingredients with similar flavors, whereas Asian recipes don't.</a> So the "sweet and sour" sauce is only on an Asian menu, but this study goes into far more depth than that. (And there's a <a href="http://www.nature.com/nature/nature_taste/marketing/index.html">free article</a> on taste, sponsored by Ajinomoto.) [<a href="http://www.nature.com/srep/2011/111215/srep00196/full/srep00196.html">url</a>]</li>

<li> <a title="http://www.timesfreepress.com/news/2012/feb/16/chile-experts-trinidad-moruga-scorpion-hottest/ " href="http://bit.ly/L3yNlj">The hottest pepper on the planet goes to the Trinidad Moruga Scorpion with an average Scoville Heat Unit value of 1.2 million.</a> Some individual peppers from this plant have hit 2 million Scoville heat units, and this research will allow hot sauce companies to scientifically claim to use the hottest known peppers. [<a href="http://www.timesfreepress.com/news/2012/feb/16/chile-experts-trinidad-moruga-scorpion-hottest/ ">url</a>]</li>

</ul> 

If you have some more free time, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20100304/0432398415/dailydirt-no-accounting-taste.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100304/0432398415/dailydirt-no-accounting-taste.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100304/0432398415/dailydirt-no-accounting-taste.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>urls-we-dig-up</slash:department>
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</item>
<item>
<pubDate>Fri, 15 Jun 2012 11:45:00 PDT</pubDate>
<title>Patent Holder Sues Basically Anyone Who Offers Recipes Or 'Meal Planning' Online</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120615/03122319332/patent-holder-sues-basically-anyone-who-offers-recipes-meal-planning-online.shtml</link>
<guid>http://www.techdirt.com/articles/20120615/03122319332/patent-holder-sues-basically-anyone-who-offers-recipes-meal-planning-online.shtml</guid>
<description><![CDATA[ THREsq alerted us to the news of a company named DietGoal, which appears to not exist for any reason other than to sue over patents, and which has <a href="http://www.hollywoodreporter.com/thr-esq/top-chef-recipes-bravo-lawsuit-337824?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">sued the TV network Bravo</a> for creating a <a href="http://www.bravotv.com/foodies/recipes" target="_blank">recipe finder</a> website.  The claim is that it violates US Patent <a href="http://www.google.com/patents/US6585516" target="_blank">6,585,516</a> for a "method and system for computerized visual behavior analysis, training, and planning."  The patent basically seems to describe an online recipe database in which "the user can use the Picture Menus to choose meals for a particular time period to correspond to a customized eating plan."
<br /><br />
I started to look further into the lawsuit, and I realized that Bravo was not the only target of DietGoal.  Not by a long shot.  Last September, right before the new patent law went into effect making it difficult to bundle defendants, DietGoal <a href="http://dockets.justia.com/docket/texas/txedce/2:2011cv00418/132354/" target="_blank">sued a ton of sites</a> -- mainly focused on restaurants (including, but not limited to, Arby's, Chick-fil-A, Dairy Queen, Dunkin' Donuts, Jack in the Box, McDonald's, Panda Express, Taco Bell, Sonic, Wendy's, Burger King, Whole Foods, Tim Hortons, Dominos and Starbucks) as well as a few non-restaurants, including Weight Watchers, Google, IAC and Hearst Communications.  If you look at the docket on that one, there are a ton of "dismissals" by DietGoal, which likely means that it was successful in getting the companies to pay up.  Others do appear to be fighting it and hitting back with counterclaims and questioning the validity of the patent.  Some, like Dominos and Wegmans also sought to break apart the case and make DietGoal face each defendant individually in different cases.  That case has also bounced around among a few different judges already.
<br /><br />
On April 3rd, DietGoals filed an <a href="http://docs.justia.com/cases/federal/district-courts/texas/txedce/2:2011cv00418/132354/435/" target="_blank">amended complaint</a> in that original case, attempting to add in a huge list of new defendants -- including Bravo and a bunch of others (many of whom we'll discuss in a bit).  On May 24th, the magistrate judge <i>denied</i> DietGoal's motion to file that third amended complaint with all those other parties.
<br /><br />
That brings us up to this week, in which DietGoal filed a <a href="http://dockets.justia.com/search?query=%09DietGoal&#038;court=txedce" target="_blank">bunch of lawsuits</a> against a variety of companies (those it had tried to lump into this lawsuit) -- with each one being sued individually.  So... yes, there's the <a href="http://dockets.justia.com/docket/texas/txedce/2:2012cv00327/137669/" target="_blank">lawsuit against Bravo</a>, but also suits against <a href="http://dockets.justia.com/docket/texas/txedce/2:2012cv00326/137667/" target="_blank">AllRecipes.com</a>, <a href="http://dockets.justia.com/docket/texas/txedce/2:2012cv00328/137671/" target="_blank">CalorieKing</a>, <a href="http://dockets.justia.com/docket/texas/txedce/2:2012cv00329/137672/" target="_blank">ConAgra</a> (for having a <a href="http://www.conagrafoods.com/consumer/brands/search/advanced.jsp" target="_blank">product nutrition search engine</a> on its site -- no, I'm not kidding, check the complaint), <a href="http://dockets.justia.com/docket/texas/txedce/2:2012cv00331/137674/" target="_blank">General Mills</a>, <a href="http://dockets.justia.com/docket/texas/txedce/2:2012cv00333/137676/" target="_blank">Nestle</a>, <a href="http://dockets.justia.com/docket/texas/txedce/2:2012cv00334/137677/" target="_blank">Nutrisystem</a>, <a href="http://dockets.justia.com/docket/texas/txedce/2:2012cv00330/137673/" target="_blank">Food.com</a>, <a href="http://dockets.justia.com/docket/texas/txedce/2:2012cv00335/137678/" target="_blank">SparkPeople</a>, <a href="http://dockets.justia.com/docket/texas/txedce/2:2012cv00337/137680/" target="_blank">Time, Inc.</a> (for <a href="http://www.realsimple.com/food-recipes/index.html" target="_blankl">RealSimple.com</a>), <a href="http://dockets.justia.com/docket/texas/txedce/2:2012cv00339/137683/" target="_blank">WebMD</a> and some others as well.
<br /><br />
Basically, it looks as though the DietGoal is operating under the premise that anyone who offers recipes online should have to pay it some money.  Of course, all of this should make you wonder: was a patent really needed for the sake of encouraging companies to put databases of recipes online?<br /><br /><a href="http://www.techdirt.com/articles/20120615/03122319332/patent-holder-sues-basically-anyone-who-offers-recipes-meal-planning-online.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120615/03122319332/patent-holder-sues-basically-anyone-who-offers-recipes-meal-planning-online.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120615/03122319332/patent-holder-sues-basically-anyone-who-offers-recipes-meal-planning-online.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>damn</slash:department>
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<pubDate>Wed, 3 Nov 2010 07:42:49 PDT</pubDate>
<title>Pizza Shop Sues Former Employee For 'Stealing' Recipe</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101028/04223311626/pizza-shop-sues-former-employee-for-stealing-recipe.shtml</link>
<guid>http://www.techdirt.com/articles/20101028/04223311626/pizza-shop-sues-former-employee-for-stealing-recipe.shtml</guid>
<description><![CDATA[ Reader Brian points us to a story where his hometown pizza shop is <a href="http://www.wkyc.com/news/local/news_article.aspx?storyid=155173&#038;catid=3" target="_blank">apparently suing a former employee</a>, claiming he "stole" their family recipes, and used them to open a competing pizza place 20 miles away.  We've seen some <a href="http://www.techdirt.com/articles/20070627/175916.shtml">similar disputes</a> in the past, but have pointed out how the very <i>lack</i> of the ability to use intellectual property to prevent competition in the restaurant business is part of what has <a href="http://www.techdirt.com/articles/20100702/11365410062.shtml">helped that industry thrive</a>.  Without seeing the actual lawsuit, it's difficult to know what they're actually suing him for.  Perhaps they could make a trade secret claim, but recipes themselves cannot be copyrighted, so there's no copyright claim here.
<br /><br />
But, really, as you read the quotes from the pizza shop owners who are doing the suing, it appears that they're making an emotional claim, saying things like: "Don't take something that someone else's family started and claim it as your own, because it is not."  Okay, sure, but how do you think your family came up with the original recipe in the first place?  It wasn't invented from scratch.  They got a basic recipe from somewhere else, and perhaps improved upon it, but when someone orders a pizza from your shop, do you tell them who gave the family the original recipe?  Of course not.
<br /><br />
Then there's this: "I just don't want to compete against my own food."  Right, so you're using the law for anti-competitive purposes.  The law is supposed to encourage competition, not discourage it.<br /><br /><a href="http://www.techdirt.com/articles/20101028/04223311626/pizza-shop-sues-former-employee-for-stealing-recipe.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101028/04223311626/pizza-shop-sues-former-employee-for-stealing-recipe.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101028/04223311626/pizza-shop-sues-former-employee-for-stealing-recipe.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can't-own-a-recipe</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101028/04223311626</wfw:commentRss>
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<pubDate>Fri, 17 Oct 2008 05:36:09 PDT</pubDate>
<title>Bread Battles Raise Questions About Intellectual Property And Recipes</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081011/1036392522.shtml</link>
<guid>http://www.techdirt.com/articles/20081011/1036392522.shtml</guid>
<description><![CDATA[ In this era where everyone wants to "own" unownable ideas and concepts, is it any wonder that there's more and more talk about the idea of extending copyright to other things?  We've already discussed how the fashion industry has been agitating for <a href="http://www.techdirt.com/articles/20060912/162115.shtml">special new "copyrights"</a> despite the fact that their industry is thriving, in part <a href="http://www.techdirt.com/articles/20070405/194853.shtml">because of the lack</a> of protectionism in the industry.  In fact, research suggests that adding such protectionism would <a href="http://www.techdirt.com/articles/20070824/012422.shtml">significantly harm</a> the industry, by slowing down innovation, decreasing competition and output.
<br /><br />
A second area where we've seen stories similar to this is in the food industry.  While we just wrote about the ridiculous story of Lebanon wanting official "food copyright" on <a href="http://www.techdirt.com/articles/20081007/1531482481.shtml">hummus, falafel and other middle eastern treats</a>, there are some chefs who take the idea of <a href="http://www.techdirt.com/articles/20061010/101934.shtml">recipe ownership</a> quite seriously.  As it stands today, a recipe is <i>not</i> copyrightable -- though the description of how to cook the recipe could be.  The list of ingredients, however, is factual.
<br /><br />
But chefs are increasingly trying to somehow guard what makes them unique.  We've already seen stories of restaurant owners <a href="http://www.techdirt.com/articles/20070627/175916.shtml">suing former employees</a> for opening up similar restaurants, but it's not clear what's illegal about that at all.  If you think you can do a better job than your boss, then splitting off and forming a competitor is how innovation happens.  Just look at the history of Silicon Valley, and you see this repeated time and time again.  The <a href="http://en.wikipedia.org/wiki/Traitorous_Eight">traitorous eight</a> famously quit Shockley Semiconductor to form Fairchild Semiconductor, because they didn't like how Shockley ran his company (as well as his decision that silicon wasn't worth pursuing).  Without that we wouldn't have "Silicon" Valley.  And, of course, from people leaving Fairchild, Intel was born.
<br /><br />
But, for folks not in the tech industry, apparently these sorts of splits still seem controversial.  My friend Tom sent over an article in <i>The Atlantic</i> about <a href="http://www.theatlantic.com/doc/200810/bread">battles over bread recipes and bakeries in New York</a>.  Apparently, two partners at a bakery split up, and the author of the article expresses some concern over the "ownership" of the bakery's distinctive bread recipes.  The article also notes a similar split between the partners of the famous Magnolia cup cake shop in New York, leading one to form a competitor with a similar recipe.  Amongst these battles, though, there is one part regarding the bread makers that seems questionable and fraudulent (which happened separately from the ownership split).  One of the bread distributors hired on some of the original bakery's employees and started baking its own bread, but used the name and logo of the original bakery, and then delivered the bread to restaurants without letting them know that it wasn't from the actual bakery.  That's outright fraud. 
<br /><br />
But the good news in this story is that while it appears the "divorce" between bakery owners wasn't that pleasant, and the original owner isn't thrilled that there's a competitor in the space, he does seem to realize that there are better ways to go about dealing with the issue than trying to "protect" his bread (especially since his recipes are based on old Roman recipes).  He actually notes that the bigger challenge is increasing the size of the "craft bread" market and taking away business from the big industrial bread makers.  It's not about protectionism of a tiny market, it's about increasing the overall pie of the market he's in -- and that may even mean teaming up with his former partner with whom he split, noting that he's looking to form a Craft Bread Association, and will ask his former partner to be the first member.  How refreshing.<br /><br /><a href="http://www.techdirt.com/articles/20081011/1036392522.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081011/1036392522.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081011/1036392522.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-this-again</slash:department>
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<pubDate>Fri, 19 Oct 2007 19:34:40 PDT</pubDate>
<title>Recipes: Shared And Improved On For Years... Now Targeted By Copyright Cops?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20071016/014622.shtml</link>
<guid>http://www.techdirt.com/articles/20071016/014622.shtml</guid>
<description><![CDATA[ Earlier this year, we noted that intellectual property issues were moving into the <a href="http://www.techdirt.com/articles/20070627/175916.shtml">restaurant</a> business, as one restaurant owner accused another of stealing both a restaurant concept and recipes from her restaurant.  Last year we also had a story about some chefs trying to get <a href="http://www.techdirt.com/articles/20061010/101934.shtml">additional copyright protection</a> for their meals, which was a silly request.  However, it seems like intellectual property concerns continue to flood the food space, with the firm Attributor, who sets themselves up as something of an online policing system for copyright infringement, has come out with a report about <a href="http://blogs.cnet.com/kitchen-gadgets/8301-13553_1-9797476-32.html">just how common it is for recipes to get passed around the web</a> and posted by multiple people, potentially violating someone's copyrights.  As the US Copyright Office makes (somewhat) clear, you <a href="http://www.copyright.gov/help/faq/faq-protect.html">cannot</a> copyright a list of ingredients -- but you can copyright "substantial literary expression in the form of an explanation or directions."  In other words, the explanation of what to do with the ingredients could be subject to copyright.
<br /><br />
But the real question is whether or not this is really an issue.  Attributor comes up with a bunch of made up numbers about how much this is "costing" certain sites, but that's not true.  As with any <a href="http://www.techdirt.com/articles/20070919/031748.shtml">bogus</a> copyright "loss" stats, the numbers are both made up and exaggerated -- and have nothing to do with "losses."  Rather, they represent dollars that the copyright owner failed to capture, meaning that it's a marketing problem, not a legal one.  The story notes that top recipe sites like Epicurious and Allrecipes are losing out on traffic, but it fails to explain how.  I use Epicurious quite a bit, and I go to the site not just because I trust it to have good recipes, but because of the additional features Epicurious provides -- including user ratings and reviews.  In other words, even with the same recipes being available all over (and, perhaps infringing on copyrights) Epicurious has effectively bypassed this legal issue through smart business practices: building in additional features that make the site valuable enough to me that it's better than just searching out any random recipe online.
<br /><br />
Furthermore, it seems especially silly to worry about copyrights in the recipe space.  The purpose of copyrights (broken record, I know) is to encourage the creation of content.  It is quite difficult to believe that anyone out there believes there is insufficient efforts in creating new recipes.  In other words, without enforcing copyrights, there is already sufficient incentives for people to continually create new, interesting and delicious recipes.  Historically, recipes have always been a type of content that was eagerly and willingly shared and passed around -- and it has always been common for people to create "derivative works" in modifying and adjusting the ingredients and the instructions to try to improve upon the product.  To suddenly bring copyright protections into the space seems both a rejection of that history as well as against the entire purpose of copyrights.<br /><br /><a href="http://www.techdirt.com/articles/20071016/014622.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071016/014622.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071016/014622.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>using-this-recipe-may</slash:department>
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