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The Courts

Fair Use Defense Dismissed In SONY V. Tenenbaum 517

Several readers sent us updates from the Boston courtroom where, mere hours before the start of trial, a federal judge ruled out fair use as a defense. Wired writes that "the outcome is already shaping up to resemble the only other file sharing trial," in which the RIAA got a $1.92M judgement against Jammie Thomas-Rassert. The defendant, Joel Tenenbaum, has already essentially admitted to sharing music files, and the entire defense put together by Harvard Prof. Charles Nesson and his students turned on the question of fair use. The judge wrote that the proposed defense would be "so broad it would swallow the copyright protections that Congress has created." Jury selection is complete and opening arguments will begin tomorrow morning. Here is the Twitter feed organized by Prof. Nesson's law students.
Patents

Submission + - Small East Texas Companies Targeted by Patentees

An anonymous reader writes: In a sign that patent trolls are getting desperate to keep their cases in East Texas, some have taken to suing tiny, no-name companies that are run by East Texas residents. The hope is that the judge will keep the entire case in East Texas if at least one defendant is located there. Nate Neel, a Longview, Texas resident with a small open source software company called CitiWare, was sued by Bedrock Computer Technologies in June despite (he claims) having no customers or other meaningful operations of any kind. In response, Mr. Neel has posted a strongly worded letter to Bedrock's attorneys on his website. It will be interesting to see how East Texas judges respond to this abuse of process perpetrated against their own residents.
Google

Submission + - EFF urges pressure on Google over book search (idg.com.au)

angry tapir writes: "The Electronic Frontier Foundation is urging its supporters to pressure Google to build significant privacy protections into its Book Search service, with the EFF suggesting the service gives Google access to new personal information. The EFF posted its concerns with Google Book Search on its blog, with EFF designer/activist Hugh D'Andrade saying the search product could infringe on "privacy of thought." Google, in its own blog post, has said it will protect user privacy."
It's funny.  Laugh.

Submission + - 100 Things Your Kids May Never Know About

runyonave writes: There are some things in this world that will never be forgotten, this week's 40th anniversary of the moon landing for one. But Moore's Law and our ever-increasing quest for simpler, smaller, faster and better widgets and thingamabobs will always ensure that some of the technology we grew up with will not be passed down the line to the next generation of geeks. That is, of course, unless we tell them all about the good old days of modems and typewriters, slide rules and encyclopedias ...


100 Things Your Kids May Never Know About

Comment Re:Kudos to them (Score 4, Interesting) 307

at least Toyota banks mad cash on their prius in the mean time.

Actually, that's sort of the problem for Toyota. They got hit with a patent judgment over their hybrid vehicles in eastern Texas a couple of years ago. The plaintiff was awarded nearly $100 a vehicle as an on-going royalty (which is about 17% of Toyota's relatively slim profit margin).

So I agree. Kudos to Toyota for playing the game like it should be played. They got hit pretty hard and they needed to fight fire with fire. Good for them.

The Courts

Prof. Nesson Ordered To Show Cause 267

NewYorkCountryLawyer writes "Professor Charles Nesson, the Harvard law professor serving pro bono as counsel to the defendant in SONY BMG Music Entertainment v. Tenenbaum, has been ordered to show cause why sanctions should not be issued against him for violating the Court's orders prohibiting reproduction of the court proceedings. The order to show cause was in furtherance of the RIAA's motion for sanctions and protective order, which we discussed here yesterday. The Judge indicated that she was 'deeply concerned' about Prof. Nesson's apparent 'blatant disregard' of her order."
Patents

Submission + - Johnson & Johnson Awarded $1.67 Billion for Pa

Arguendo writes:

In what may be the largest patent jury verdict in US history, an Eastern District of Texas jury held Abbott Labs liable for $1.67 billion in damages for infringing Centocor's patents covering antibodies against tumor necrosis factor. Abbott's drug Humira (adalimumab) was found to infringe. That drug is used to reduce treat arthritis, psoriasis, Crohn's disease, and ankylosing spondylitis and had $4.5 billion in sales last year.

See Patently-O for the full article and the jury form.

Comment Who has the better hybrid system? (Score 1) 911

The fundamental inquiry is whether you want a human in the control loop during a crisis. And I think the answer is unequivocally: it depends on the crisis. No mystery here. The answer has got to be a smart hybrid of the two systems. I have no idea whether Boeing or Airbus has a better hybrid system but would love to know.

As an aside, I hate the pilot vs. computer characterization. It's pilot vs. team of engineers. Let's not anthropomorphize the computer. It's not "making" decisions. It's just the difference between a human on the plane with little time to respond versus a team of humans not on the plane with a ton of time to think of various scenarios and simulate outcomes. It's not clear to me that one will always have the advantage.

Comment Re:Give me a break! (Score 4, Informative) 236

Blaming the victim sounds harsh when the article indicates that the failure to wear protective clothing was systemic:

The 15-page report cites a deficiency in the department's records of safety and health training on exposure to hazardous chemicals. It notes that a safety inspection of the Harran lab by UCLA on 30 October had "identified [the failure of employees to wear required protective clothing] and recommended that laboratory coats must be worn while conducting research and handling hazardous materials in the laboratory."

Comment Re:Patent Abuse (Score 1) 644

A patent is supposed to protect a commercial product from being copied by the market.

No, a copyright protects your product from copying. A patent is a reward for (1) innovating; and (2) teaching others how to make and use your innovation. Probably the biggest misconception in patent law is that it's about stealing technology.

Comment Basic Legal Misconceptions re: Patents (Score 2, Insightful) 693

IAAL - a patent lawyer to be precise. Here's what I would love all jurors and engineers to know.

(1) A patent case is almost never about stealing someone else's technology. Most lay people don't understand this and think that if you've been accused of patent infringement it's because you stole their technology. (Note that the other side will still accuse you of stealing their technology.)

(2) Patent cases are civil cases and must be proven only by a preponderance of the evidence. This is not the "beyond a reasonable doubt standard" we hear about more often.

(3) Invalidity must be proven by a higher standard - clear and convincing evidence - because there is a (largely unjustified) presumption that the Patent Office got it right.

(4) The *claims* of a patent (those numbered paragraphs at the end) define the invention, not the stuff that comes before it. Just because the patent describes a particular device doesn't mean they are limited to that device. Read the claims. (There are naturally some subtleties here.)

(5) Major patent cases that involve fundamental technologies are like death penalty cases for companies because, if they are found to infringe a valid patent, the Court can order them to stop (called an injunction). This could naturally wreck your business. So even if you are 90% sure (which is an absurdly high confidence level) that you will not infringe or will invalidate a patent, it might still be completely rational to settle. By way of example, if I told you there was a 90% chance that you will cross a street and not get hit by a bus, would that inspire confidence? What if you had to cross the street 10 times a year? It doesn't mean you thought the patentee had a good case.

Anyways, there are a lot of these. This is a great idea.

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