Est. 2017 San Antonio, TX
Index · 02.00

Writing.

Practical notes on AI governance, open source, intellectual property, and the systems that make legal work operational.

№ 001

A mixed decision from the US Copyright Office

We received the decision today relative to Kristina Kashtanova's case about the comic book Zarya of the Dawn. Kris will keep the copyright registration, but it will be limited to the text and the whole work as a compilation. In one sense this is a success, in that the registration is still valid and

7 min
№ 003

Further Comments on the SSPL

My previous post was discussed on License-Review and was shared on Hacker News, where it engendered some discussion. Some good points were made by various people, which I thought it might be useful to respond to here. First: Community considerations First, I should say that I don't necessarily disag

9 min
№ 004

MongoDB's Server Side Public License is likely unenforceable

Update: Afew more thoughts on the SSPL in response to some counterarguments that have been raised. A few days ago, MongoDB, Inc changed the license of its widely-used database software to the "Server Side Public License" or SSPL. They also submitted the SSPL for review by the Open Source Initiative,

10 min
№ 006

Quick thoughts on TC Heartland

I just read the transcript of the oral arguments in TC Heartland , and my initial impression is that Kraft—the respondent/one who wants to uphold the current venue interpretation—is starting out in a very difficult situation. Take, for example, this exchange (emphasis added in bold): JUSTICE BREYER:

1 min
№ 007

Copyrights and Patents at the Supreme Court

It is IP month at the Supreme Court this month, with two decisions issued (Star Athletica v. Varsity Brands and SCA Hygiene Prods. v. First Quality Baby Prods.) and two cases being argued (Impression Prods., Inc. v. Lexmark International, Inc. and TC Heartland LLC v. Kraft Foods Group Brands LLC). O

7 min
№ 008

Recent news in IP (Week of Mar. 10, 2017)

A few recent articles that have caught my eye: The House Has Passed H.R.720: The Lawsuit Abuse Reduction Act of 2017 Source: Benesch's Sixth Circuit and Ohio Class Action-Plus Report This is deep in the weeds if you don't follow civil trial procedure, but this could be a big deal. Any time a lawyer

4 min
№ 009

Recent news in IP (Week of Mar. 3, 2017)

A few recent articles that have caught my eye: The importance of balanced patent policy Source: The Hill I recommend this article for some clear thinking about the proper scope of patent enforcement. At issue is a case at the ITC, in which a radiotherapy machine that has been judged to infringe some

3 min
№ 010

Recent news in IP (Week of Feb. 27, 2017)

A few recent articles that have caught my eye: Clearing the Underbrush: How to Fight Low Quality Patents Related to Commoditized Technology that Threaten Innovation Source: IPWatchdog I was surprised to see this opinion piece on IPWatchdog, as it takes the stance that there are some parts of the tec

4 min
№ 011

The Copyrightability of APIs

Apropos to the current discussions in the Oracle-Google trial, I wrote this in 2007: COPYRIGHT IN HEADER FILES One particularly difficult issue concerns copyright protection of header files. An individual name or symbol in a header file cannot be copyrighted, but the particular selection of symbols

1 min
№ 012

This Fall is Our Last, Best Chance for Patent Reform

Congress returns to work next week. We need you to call your representatives in Congress. Ask them to pass meaningful patent reform, but tell them that we also need to keep the ability to challenge bad patents in the U.S. Patent and Trademark Office. Patent reform is needed to reign in patent trolls

3 min