Tim Marman's Loosely Coupled

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• Friday Fun: Hillary's inner Flick

  Tim Lee on TechDirt discusses the copyright implications of this Slate video . The copyright discussion is interesting and worth revisiting next week, but I figured for this edition Friday Fun I'd share the video if you haven't already seen it. (It helps if you've seen Election ). Clever. Posted Jan 25 2008, 08:03 AM by Tim with | with no comments Filed under: Intellectual Property, Things that amuse me, Copyright, Friday Fun

• Was DRM-free music an Apple innovation?

  Some people have tried to paint the recent announcement by Apple as example of Apple innovating and Microsoft following . Headlines like " Microsoft changes tune on selling DRM-free songs " are simply misleading - none of the technology companies truly wanted DRM, but they were a necessary evil in selling music that they did not own. As I've discussing in previous posts , Microsoft, Real Networks, and Yahoo! were all instrumental in the anti-DRM movement. Most labels seem to get it - these decisions and stratregy are more often coming from the corporate parents, not the labels themselves. In fact, Gates criticized DRM months before Jobs' manifesto a month ago, and EMI had been reportedly been considering releasing DRM-free tracks in MP3 format for awhile. This initially-exclusive deal with EMI simply demonstrates Apple's significant marketshare for purchased music and influence in the market. The mere fact that Apple was lucky and/or powerful enough to convince a major label to do something... Posted Apr 09 2007, 12:59 PM by Tim with | with 1 comment(s) Filed under: Intellectual Property, Rants, Things that bother me, Things that amuse me, Copyright, Microsoft, Apple, Law, Audio, DRM

• First Life is refused a C&D

  Marty's post reminded me about this great anti-C&D from Linden Labs. This notice is provided on behalf of Linden Research, Inc. (“Linden Lab”), the owner of trademark, copyright and other intellectual property rights in and to the “Second Life” product and service offering, including the “eye-in-hand” logo for Second Life and the website maintained at http://secondlife.com/. It has come to our attention that the website located at http://www.getafirstlife.com/ purports to appropriate certain trade dress and marks associated with Second Life and owned by Linden Lab. That website currently includes a link in the bottom right-hand corner for “Comments or cease and desist letters.” As you must be aware, the Copyright Act (Title 17, U.S. Code) contains provisions regarding the doctrine of “fair use” of copyrighted materials (Section 107 of the Act). Although lesser known and lesser recognized by trademark owners, the Lanham Act (Title 15, Chapter 22, U.S. Code) protecting trademarks is also... Posted Mar 01 2007, 10:57 AM by Tim with | with no comments Filed under: Intellectual Property, Things that amuse me, Copyright, Web 2.0, Law

• Licensing the Office 2007 UI - what is Microsoft's IP strategy?

  Jensen Harris announced that the Office 2007 Ribbon UI can be licensed . For the last year or so, one of the questions I've been asked again and again has been: "Can I use the new Office user interface in my own product?" I have to be honest - I'm a bit baffled at this whole thing. Note, they are not providing any common controls for the Ribbon. Rather, they are "licensing ... intellectual property rights in the UI (which cover both design and functionality) and offering a comprehensive Design Guidelines document that is a roadmap for developers implementing the UI." The license is free as long as you follow the guidelines, and is intended "[f]or those that want to build their own UI that takes advantage of our design guidelines." The reason, as Jensen describes, is that "the new Office user interface was a huge investment by Microsoft and the resulting intellectual property belongs to Microsoft." The next question, of course, are what rights does Microsoft actually have with the Ribbon... Posted Nov 27 2006, 07:24 AM by Tim with | with 1 comment(s) Filed under: Technology, Intellectual Property, Software Development, Things that bother me, Things that amuse me, Copyright, Patent, Microsoft

• Gartner sends a cease and desist to remove a link

  Scoble passes along that James Governor, an analyst for RedMonk, received a C&D from Gartner for a link . Wow. I obviously haven't seen the letter, but I'm trying to imagine what possible legal recourse they have to linking to a publicly visible URL. Obviously there's no copyright infringement and there are standards you have to adhere to protect something as a trade secret. (Hint: putting something on a publicly visible server is not enough). Oh, and someone should tell Gartner that you can "redact" all the links you want but the Internet is forever . Here's the link - maybe I'll get my first C&D too. This is even worse than C&D'ing someone who is trying to help you . Tags: Gartner , RedMonk , CeaseAndDesist , Stupidity Posted Jul 11 2006, 01:15 PM by Tim with | with 3 comment(s) Filed under: Technology, Intellectual Property, Rants, Things that bother me, Things that amuse me, Copyright, Business

• Russian Software Developer Beats Pirate in Boxing Ring

  Apparently not content with legal remedies (after all, Russia is not known for it's anti-piracy efforts), a Russian software developer took matters into his own hands . In February, Smirnov saw the dealer selling CDs with his company’s software at a computer market without a license. Smirnov demanded that the dealer stop the illegal sale. A scuffle broke out, but they were stopped by the guard. After that, the pirate expressed a wish to continue the fight in the street, but Smirnov suggested a fitness center. The software development manager won 24-16 in 3 rounds. Posted Mar 31 2006, 03:49 AM by Tim with | with no comments Filed under: Technology, Intellectual Property, Software Development, Things that amuse me, Copyright

• America's Finest News Source reports "RIAA Bans Telling Friends about Songs"

  A good one from the most recent issue of The Onion : The Recording Industry Association of America announced Tuesday that it will be taking legal action against anyone discovered telling friends, acquaintances, or associates about new songs, artists, or albums. "We are merely exercising our right to defend our intellectual properties from unauthorized peer-to-peer notification of the existence of copyrighted material," a press release signed by RIAA anti-piracy director Brad Buckles read. "We will aggressively prosecute those individuals who attempt to pirate our property by generating 'buzz' about any proprietary music, movies, or software, or enjoy same in the company of anyone other than themselves." RIAA attorneys said they were also looking into the legality of word-of-mouth "favorites-sharing" sites, such as coffee shops, universities, and living rooms. It would be funnier if it wasn't so feasible! ( via Bruce Schneier ) Posted Dec 03 2005, 09:42 AM by Tim with | with 1 comment(s) Filed under: Intellectual Property, Things that amuse me, Music, Copyright