Archive for the “Intellectual Property” Category


It’s no secret that CD sales have been plummeting as people are opting for digital music downloads. And it’s not just a “piracy” issue. Legitimate online music stores are also on the rise. So what does the recording industry do to fight back?

True to its form, it comes up with a physical product - the Ringle. Basically, it’s a cd with one hit single plus a ringtone version, plus two extra songs (presumably too weak to merit their own Ringle). - all for $6.98. (Note that the iTunes usually sells songs/ringtunes for under $2).

It’s an idea so monumentally stupid, and symptomatic of the recording industry’s refusal to move on from a dead-end format (the cd, which at least justifies their price structure).

But then again, if this doesn’t work, they can always resort to suing the fans. Things might be a bit difficult for them, though. A federal appeals court ruled that RIAA’s “insta-lawsuit” strategy - churning out thousands of unspecific, boilerplate “John Doe “complaints, is illegal. Now isn’t it sweet that they’d have to make a specific case just for you?

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The creators of South Park entered into a deal with Viacom that will put original Southpark content into the Internet. Something they should have figured out eons ago.

Bootleg versions of Southpark, mashups and spoofs (see below) have long been available online, and it’s ironic that the show’s creators are playing catchup to the viral video phenomenon.

An interesting feature of the deal, rare in the entertainment industry, is that the creators get a share of the revenue (instead of a salary) and retain ownership of their work. In traditional deals, entertainment execs can justify getting a lions share plus copyrights because of the capital requirements of distribution in a mass-media setting. With digital distribution, that logic begins to disappear.

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David Lynch (great director I admire, and who doesn’t) said in a recent interview with MTV that he’s quit using film (you know, those celluloid strips used by ancient cameras) and is going digital from now on:

MTV: You shot “Inland Empire” using digital technology. Will you ever go back to film?

Lynch: Never. Digital is so friendly for me and so important for the scenes, a way of working without so much downtime. It’s impossible to go back. Film is a beautiful medium, but the world has moved on. The amount of manipulation we can do, anybody can do, is so much the future. Film is so big and heavy and slow, you just die. It’s just ridiculous.

Anti-”piracy” rhetoric carry some moral currency when you consider how bloated and expensive film and its related technologies are. Traditional film outfits invest a lot of money, and as a matter of policy, the law should protect their expectation of a reasonable return. But digital technology (lighter, cheaper, more accessible) changes the calculus. When it costs so much less to produce movies, does it still make sense legally protecting old business models?

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Been a busy li’ law student lately. Currently reading eBay v. Mercexchange, wherein the US Supreme Court makes life harder for patent trolls.

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That seems to be the overriding motif for the day so far. Thanks to The J-Spot I get a heads-up that the latest version of my favorite Linux distro is out. I take a peek at the University’s Open Source Portal and discover that the UP Computer Center has a copy ready for burning. I pick up a couple of cdr’s at lunch and head to the center to have my own copy of Ubuntu 5.10 aka “Breezy Badger”.

After upgrading my linux partition, I go ahead with installing Firefox 1.5 (go get it) and Open Office 2.0. I’m proud to report that 95% of my workflow runs on free and open source software :)

Where do I want to go today? To Open Source, you criminal monopolist bastards.

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Lego’s Canadian patent on its blocks has expired, and competitors like Mega Blocks *should* have had the right to create “compatible” bricks. That’s the way the Intellectual Property System works (or at least the utilitarian flavor we subscribe to): you’re given a chance to exclusive rights (essentially, a legal monopoly) over your work, but after a while it should belongs to everyone. Ideas aren’t like physical objects - distribution does not translate to lower density, and value is not derived from “fencing off”. If I get your poem you do not have one poem less. The theory our law is based on is not a “natural right” to ideas, but an economic hypothesis - to reward creativity, and to induce the development of arts and science.

That’s why it’s reprehensible when Lego tried to short circuit that balance by “extending” its expired patent by resorting to trademark protection. Lego’s theory seems to imply that consumers are so stupid we can’t tell Lego branded blocks from lower-priced Megablocks. Good thing the Canadian judges would have none of that.

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The article (republished in Accordion Guy) reads like a joke now, but it’s an all-too-real cautionary tale of what could happen when bloated entities try to extend their turf to technology they don’t understand.

Turns out back in the 1980’s, the U.S. Postal Service tried owning electronic mail, proposing a ridiculously crippled implementation (Come on - postal workers carrying tape?). Rather than providing the best possible service, it was designed more to preserve its existing business model.

Joey is right to think deja vu: “Just as Hollywood’s attempt to regulate technological innovation may someday seem quaint and ridiculous, the ideas and statements put forth by representatives of the Post Office sound laughable in this age of readily-available internet and computers as everyday appliances.”

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