Elizabeth Rader's blog

Swarthmore/Diebold off to a slow start

This morning I went up to US District Court in San Francisco expecting a hearing on the motion for a TRO against Diebold sending out frivolous cease and desist demands to people who have posted their embarrassing internal memos concerning security problems with their electronic voting machines, and their ISPs (see CIS Blog).

Acacia, flush with porn tribute, targets colleges

For those wondering why I get so excited about patent reform, here's a great article from the Chronicle of Higher Education.

Acacia has been threatening and then licensing webcasting companies, as well as online purveyers of adult entertainment, for some time now. Now they are going after universities that use streaming to offer online education. Charming.

Briefs in the Knorr-Bremse en banc case

As discussed below, the Federal Circuit has decided to revisit the issue of whether it is right to draw an adverse inference supporting willful infringement when a party accused of willful patent infringement declines to waive attorney-client privilege and produce helpful legal opinions from patent counsel.

Mad about Magnatune

A few weeks ago I learned from the Creative Commons blog about Magnatune, an all-digital recording "label" (somehow that term seems dated in the digisphere) complete with royalty-free webcasting. Their slogan is "we are not evil" and to back that up they give their artists 50%of the sales proceeds. I checked it out, expecting some do-it-yourself garage recordings of music not quite ready for a "real" record deal, but it turns out they are very picky and I've yet to hear something that wasn't great.

FTC Takes A Hard Look At Patents and Competition and Innovation

Yesterday the FTC issued its report entitled To Promote Innovation: The Proper Balance of Competition and Patent Law & Policy. This is the culmination of 24 days of hearings held between February and November 2002, which involved more than 300 panelists, including representatives from large and small technology companies, economists, antitrust and patent specialists, law professors, and inventors. I attended some of the hearings held at Berkeley and they were fascinating.

Taking Patent Reform to the Banc

The beautiful and talented Donna Wentworth recently called me a "Stupid Patent Avenger." While I'm usually not tickled when people use the word "stupid" to describe me, I think she meant it in a nice way. I like intellectual property. There is supposed to be a delicate balance between authors' or inventors' rights and the public's rights, though, in order to best promote innovation and creativity. So I don't like it when a few people abuse IP and make IP lawyers all look greedy and evil.

SCDC taking a swat at Diebold's black box

The digital commoners at Swarthmore are speaking out about voting-machine manufacturer Diebold's attempt to use copyright to hide documents that reveal serious security flaws in the software that counts votes- potentially allowing someone to tamper with the votes. Here is their press release

The Other Internet radio appeal

On Friday, the Third Circuit issued its opinion in Bonneville Int'l. Corp. v. Peters, which is the broadcasters' appeal of the determination of the Copyright Office (affirmed by the district court) that broadcasters are not exempt from paying webcasting royalties when they simultaneously webcast their over-the-air programming. The Circuit Court agreed with the Copyright Office (and intervenor RIAA).

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