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What can magicians teach us about IP?

Intellectual property scholars have begun to explore the curious dynamics of IP’s negative spaces, areas in which IP law offers scant protection for innovators, but where innovation nevertheless seems to thrive. Such negative spaces pose a puzzle for the traditional theory of IP, which holds that IP law is necessary to create incentives for innovation. This paper presents a study

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Fair Use Economy Represents One-Sixth of U.S. GDP

WASHINGTON D.C. – Fair Use exceptions to U.S. copyright laws are responsible for more than $4.5 trillion in annual revenue for the United States, according to the findings of an unprecedented economic study released today. According to the study commissioned by the Computer and Communications Industry Association (CCIA) and conducted in accordance with a World Intellectual Property Organization methodology, companies

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Boycott Southwest Airlines

Who can forget the 2005 Southwest Airlines political censorship incident? Lorrie Heasley, of Woodland, Wash., was asked to leave her flight from Los Angeles to Portland, Ore., Tuesday for wearing a T-shirt with pictures of President Bush, Vice President Dick Cheney and Secretary of State Condoleezza Rice and a phrase similar to the popular film title “Meet the Fockers.” (source)

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The Real Loss of September 12

Marty Klein, author of The Sexual Intelligence Blog usually blogs about Sexual Censorship and other Sexual issues. However, today he delves (brilliantly) into international politics. Here is an excerpt from his post for today. Marvel at how united the world was on September 12. Recall how the world’s compassion was freely given to us that day. And be bitter about

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CBS puts the FCC on the Ropes

Who could forget the “wardrobe malfunction” of 2004, wherein Janet Jackson’s breast (with jewelry covering the nipple) pierced our eyes for 9/16ths of a second. (I was at the game and didn’t even notice). As the case appealing the FCC fines winds through the court system, CBS finds itself before the Third Circuit Court of Appeals, and the network seems

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New Blog – Las Vegas Trademark Attorney

Join with me in welcoming Ryan Gile to the blawgosphere! Ryan’s blog, Las Vegas Trademark Attorney, is relatively new – but it shows lots of promise. He has a particularly interesting post on Nokia’s receipt of a trademark for its default ring tone.

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Golan v. Gonzalez

In a challenge to the Copyright Term Extension Act (“CTEA”) and § 514 of the Uruguay Round Agreements Act (“URAA”), Lawrence Lessig attempted to atone for his “sins” by losing Eldred v. Ashcroft, 537 U.S. 186 (2003). Caveat, I don’t personally come down that hard on Lessig for his unfortunate defeat. However, Professor Lessig has been a major class act

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Lee Mercer for President…

When someone runs for public office, I like the candidate to disclose his or her reason for running. Democrat Lee Mercer gives us 70! See Mercer for President My favorite is reason #49: To Prove the United States Government killed my sex life, my wife sex life, my daughter-in –laws sex life both may sons and other of my family

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Dible v. Chandler

Its an old story. Cop does some off-duty adult entertainment work, gets fired, claims that the firing is an infringement upon his First Amendment rights. I agree with that argument, but I must admit that the courts have not been all that friendly to my point of view on this subject. Nevertheless, there was some nice language in the dissent

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Which Part of your Oath of Office is Unclear?

The Fairview Heights, Ill. City Council met on Tuesday to vote on an ordinance designed to ban erotic businesses from that city. The City Attorney told the City Council that the ordinance was unconstitutional, yet the ban passed 8-1. Ward 4 Alderwoman Carol Warner, who voted against the law, said she did so “because it violates the United States Constitution,

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Kudos to Israel and Shame on the AP

The Associated Press reports that Israel’s supreme court has ordered the “security barrier” moved near the village of Bilin. Here is how the AP starts the story: BILIN, West Bank – In an embarrassing blow to Israel, the Supreme Court on Tuesday ordered the state to redraw the route of its West Bank separation barrier near a Palestinian village that

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Abercrombie & Fitch are in league with the Antichrist (I freakin' told ya so!)

As if Bob Jones University didn’t represent all that was bat-shit crazy about South Carolina…. Abercrombie & Fitch and its subsidiary Hollister have shown an unusual degree of antagonism to the name of Christ and an unusual display of wickedness in their promotions. In protest, we will not allow articles displaying their logos to be worn, carried, or displayed (even

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Red Rose Stories Case Continues

Yep, that’s right. The U.S. Government still believes, decades after the Ulysses case was decided, that when someone publishes literature that some U.S. Attorney doesn’t like, that the author should be sent to prison. PITTSBURGH – A U.S. District Judge has denied motions to dismiss the federal obscenity charges against author and webmistress, Karen Fletcher. Fletcher was indicted last year

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Hilly Kristal – RIP

I just learned that Hilly Kristal, the founder of CBGBs merged with the infinite on August 29. Kristal never intended to tend the garden in which American punk rock would grow, but that he did. CBGBs died last year, a victim of greed. Kristal intended to open a new CBGBs in Las Vegas, which just didn’t seem right. I’m not

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Bodog loses its domain name

Due to, well, just really REALLY stupid litigation strategy (as in not showing up at all), one of the best known online gambling websites, Bodog, no longer owns its own domain name. Back in September 2006, 1st Technology filed a infringement suit against Bodog for unlawfully using its patented “method and system for interactively transmitting multimedia information over a network

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