Tag Archives: intellectual-property

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  • Free Ride: Digital Parasites and the Fight for the Business of Culture | Brain Pickings

    "For my part, I started Brain Pickings more than six years ago as what’s commonly referred to as a “passion project” (though I don’t like the fleeting noncommittal relationship this phrasing suggests) and didn’t have a business model — but I did have a crystal-clear editorial model, which remains the same today: get people interested in meaningful cross-disciplinary things they didn’t yet know they were interested in, and in the process empower their networked knowledge and combinatorial creativity; break out of the filter bubble, if you will, though conceived long before we had the very vocabulary to articulate it. So when an aggregator like the Huffington Post, a business-model wolf wearing an editorial-authenticity sheep’s skin, takes my (ad-free) content and regurgitates it on its (ad-plastered) site, it lives up to the term “parasite” at the heart of Levine’s argument, derived from the Greek parasitos and used to describe “someone who ate at someone else’s table without providing anything in return.”"

    publishing disintermediation reintermediation intellectual-property creativity collaboration network-culture

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  • Confessions of a Community College Dean: Selfish Tech

    "The tech world loves to bandy about the term “social,” but its concept of “social” seems to be based on what single twentysomethings do. “Social” in the sense of “families” is off the radar, as is “social” in the sense of “sharing.” It’s happy to make recommendations for individual purchases social, but shared purchases are verboten.

    It’s shortsighted. If the demise of the music industry has taught us anything, it should be that walls don’t work. Sooner or later, demand will find a way around. The blistering success of itunes showed that there’s a substantial market for aboveboard, legal ways to allow people to get what they want; this isn’t just about piracy. But piracy may have to happen to make the literary version of itunes acceptable to publishers.

    Put differently, the industry needs to learn to lean into change, rather than resisting it. I foresee a monster market for e-textbooks as soon as they offer something analogous to re-selling your used copies. Until then, the value proposition mostly isn’t there. (Yes, there are issues with disability access, but those strike me as solvable if the will is there.) Students will continue, quite rationally, to buy paper textbooks and re-sell them. "

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  • The Myth of the Sole Inventor by Mark Lemley :: SSRN

    "The theory of patent law is based on the idea that a lone genius can solve problems that stump the experts, and that the lone genius will do so only if properly incented. We deny patents on inventions that are "obvious" to ordinarily innovative scientists in the field. Our goal is to encourage extraordinary inventions – those that we wouldn’t expect to get without the incentive of a patent.

    The canonical story of the lone genius inventor is largely a myth. Edison didn’t invent the light bulb; he found a bamboo fiber that worked better as a filament in the light bulb developed by Sawyer and Man, who in turn built on lighting work done by others. Bell filed for his telephone patent on the very same day as an independent inventor, Elisha Gray; the case ultimately went to the U.S. Supreme Court, which filled an entire volume of U.S. Reports resolving the question of whether Bell could have a patent despite the fact that he hadn’t actually gotten the invention to work at the time he filed. The Wright Brothers were the first to fly at Kitty Hawk, but their plane didn’t work very well, and was quickly surpassed by aircraft built by Glenn Curtis and others – planes that the Wrights delayed by over a decade with patent lawsuits.

    The point can be made more general: surveys of hundreds of significant new technologies show that almost all of them are invented simultaneously or nearly simultaneously by two or more teams working independently of each other. Invention appears in significant part to be a social, not an individual, phenomenon. Inventors build on the work of those who came before, and new ideas are often "in the air," or result from changes in market demand or the availability of new or cheaper starting materials. And in the few circumstances where that is not true – where inventions truly are "singletons" – it is often because of an accident or error in the experiment rather than a conscious effort to invent. "

    patents innovation intellectual-property lawyers

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  • Deus Ex Malcontent: Quote of the Day

    "Again, there's a point to be made that it's a waste of time and copy-space to give Paul's ramblings any more credence than those of the recently released Bellevue patient who's now staked out a soapbox in the middle of Central Park. For Christ's sake, in 1977 Jimmy Carter implored this country to make the tiny sacrifice of dropping the thermostat a few degrees and wearing a sweater — and he was publicly castigated for it. You think Americans are gonna go for the abandonment of entire swaths of the country and its people every time a disaster like a monster hurricane hits? You're even more of a lunatic than Ron Paul — and that's not easy."

    libertarianism politics amusing-pseudorationalists-at-the-gate Thunderdomes

  • The Exile Bibliophile: Books: Owning them, Loving them

    "So, I recently discovered Stacked Up: Writers Show off their Shelves, which is exactly what it sounds like. Short interviews with writers and some of their books. Just wonderful, though a bit too NYCentric to be truly invigorating. I just don't get that worked up over THE BIG DEAL that is NYC. Give me space, keep your crowds! But, NYC is where a LOT of writers live, so I can't be too cranky about it. Hopefully the Stacked Up folks will one day be able to get off the little island and out into the real world. Anyway, go enjoy these things Book Folk– you're not alone."

    books bibliomania bookshelves another-tag-involving-the-word-books authorship writing-culture video

  • Creative Commons Is Not Public Domain | Compound Eye, Scientific American Blog Network

    "Again, I do not know that the bloggers didn’t write the photographers to obtain commercial-use permission. But I doubt it. My judgement is borne from personal experience. I see my images popping up on commercial blogs all the time, and fewer than one in ten asks my permission.

    I don’t mean to single out WIRED, either. I’m only picking on them for the recent ant example. In reality, many commercial blog networks show rampant disregard for the rights of artists, photographers, and musicians. They may not have been caught, yet, but they could incur substantial legal liability when a copyright owner decides to seek damages. After all, using an image beyond the bounds of the license is breaking the law.

    The bottom line is this: if someone else’s creative work is helping you make money, you have a moral and a legal obligation to reach an agreement with that person about the terms of use. Creative Commons is supposed to make this easier, but it only works if the content consumers treat CC as a contract and not a blanket license for free use. Creative Commons is not public domain."

    creative-commons intellectual-property copyright cultural-assumptions