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How Open Source Is Changing IP Risk in the Soft Ware Supply Chain
A New Wave of IP Risks: How Open Source is Changing IP Risk in the Software Supply Chain Table of Contents Introduction . 3 Brief Overview of Open Source and Where It Stands Today . 3 The Interplay Between Open Source and IP Risk: . 5 Understanding the Challenges Specific IP Risks in the Open Source Software Supply Chain . 7 Copyright Infringement . 7 Reputation . 9 Exposing IP Secrets . 10 Impacts on the Partner/Customer Relationship . 11 Patent Infringement . 12 Looking Ahead: The Future of Open Source Litigation . 13 Conclusion . 14 I. Introduction Open source software has been integrated into nearly is a testament to the success of open source, it also gives every industry and sector today . According to a 2016 rise to unique challenges for businesses, particularly in survey, approximately 90% of today’s organizations report the area of intellectual property . If a company cannot using open source software .1 That percentage has almost even find all of its open source code or identify its open certainly grown since . One likely reason for open source’s source dependencies, they are also likely unable to boom in popularity is the distinct cost savings it gives ensure that they are remaining compliant with open companies who use it .2 The use of open source software is source licenses and protecting themselves from business now so widespread that many companies are unaware of or reputational risk . how and where it is used, and would be unable to identify all their open source code if asked to do so . In this paper, we will examine the most common IP risks that arise from the use of open source software today, As Mark Radcliffe, a partner in the Silicon Valley office of including copyright infringement, patent infringement, DLA Piper specializing in IP and open source, explains, reputational risk, exposure of IP secrets, and the impact on “virtually all software now has a large number of open the partner/customer relationship . -
Volume 30 Spring 2014
SYRACUSE JOURNAL OF SCIENCE & TECHNOLOGY LAW VOLUME 30 SPRING 2014 TABLE OF CONTENTS Mass Copyright Infringement Litigation: Of Trolls, Pornography, Settlement and Joinder Christopher Civil………………………………………………………………………………...2 Notice and Manifestation of Assent to Browse-Wrap Agreements in the Age of Evolving Crawlers, Bots, Spiders and Scrapers: How Courts Are Tethered to Their Application of Register and Cairo and Why Congress Should Mandate Use of the Robots Exclusion Standard to Prevent Circumvention of Responsibility Michael Laven…………………………………………………………………………………..56 Seeing Red: Christian Louboutin’s Protection of His Trademark Through His Battle with Yves St. Laurent Sachpreet Bains…………………………………………………………………………………73 I Need a Lawyer: Establishing Statewide New York Communication Access Fund to Secure Legal Accessibility to Deaf and Hard of Hearing Clients Through Video Remote Interpreting Services in Compliance with the Americans with Disabilities Act YooNa Lim………………………………………………………………………………………99 Can You Hear Me Now? Spectrum is Shaping the Telecommunication Industry in an Increasingly Connected America James Zino……………………………………………………………………………………..131 Review of “I Know What You’re Thinking: Brain Imaging and Mental Privacy” Edited by: Sarah Richmond, Geraint Rees, and Sarah J.L. Edwards Jenna Furman…………………………………………………………………………………160 SYRACUSE JOURNAL OF SCIENCE & TECHNOLOGY LAW VOLUME 30 SPRING 2014 2013-2014 EDITORIAL STAFF EDITOR-IN-CHIEF Brittany Jones MANAGING EDITOR Tanjeev Thandi LEAD ARTICLE EDITORS FORM & ACCURACY EDITORS Alessandra -
The Significance of Anime As a Novel Animation Form, Referencing Selected Works by Hayao Miyazaki, Satoshi Kon and Mamoru Oshii
The significance of anime as a novel animation form, referencing selected works by Hayao Miyazaki, Satoshi Kon and Mamoru Oshii Ywain Tomos submitted for the degree of Doctor of Philosophy Aberystwyth University Department of Theatre, Film and Television Studies, September 2013 DECLARATION This work has not previously been accepted in substance for any degree and is not being concurrently submitted in candidature for any degree. Signed………………………………………………………(candidate) Date …………………………………………………. STATEMENT 1 This dissertation is the result of my own independent work/investigation, except where otherwise stated. Other sources are acknowledged explicit references. A bibliography is appended. Signed………………………………………………………(candidate) Date …………………………………………………. STATEMENT 2 I hereby give consent for my dissertation, if accepted, to be available for photocopying and for inter-library loan, and for the title and summary to be made available to outside organisations. Signed………………………………………………………(candidate) Date …………………………………………………. 2 Acknowledgements I would to take this opportunity to sincerely thank my supervisors, Elin Haf Gruffydd Jones and Dr Dafydd Sills-Jones for all their help and support during this research study. Thanks are also due to my colleagues in the Department of Theatre, Film and Television Studies, Aberystwyth University for their friendship during my time at Aberystwyth. I would also like to thank Prof Josephine Berndt and Dr Sheuo Gan, Kyoto Seiko University, Kyoto for their valuable insights during my visit in 2011. In addition, I would like to express my thanks to the Coleg Cenedlaethol for the scholarship and the opportunity to develop research skills in the Welsh language. Finally I would like to thank my wife Tomoko for her support, patience and tolerance over the last four years – diolch o’r galon Tomoko, ありがとう 智子. -
Monetizing Infringement
University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 2020 Monetizing Infringement Kristelia García University of Colorado Law School Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons, Law and Economics Commons, and the Legislation Commons Citation Information Kristelia García, Monetizing Infringement, 54 U.C. DAVIS L. REV. 265 (2020), available at https://scholar.law.colorado.edu/articles/1308. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. Monetizing Infringement Kristelia García* The deterrence of copyright infringement and the evils of piracy have long been an axiomatic focus of both legislators and scholars. The conventional view is that infringement must be curbed and/or punished in order for copyright to fulfill its purported goals of incentivizing creation and ensuring access to works. This Essay proves this view false by demonstrating that some rightsholders don’t merely tolerate, but actually encourage infringement, both explicitly and implicitly, in a variety of different situations and for one common reason: they benefit from it. -
The (Unfinished) Ballad of Gunslinger/ ©Troll Richard Liebowitz by Steven D
For exclusive use of MLRC members and other parties specifically authorized by MLRC. © 2019 Media Law Resource Center, Inc. Page 8 August 2019 MLRC MediaLawLetter The (Unfinished) Ballad of Gunslinger/ ©Troll Richard Liebowitz By Steven D. Zansberg You are probably already far more familiar than you wish you were with Richard Liebowitz, the notorious copyright plaintiff’s attorney based in Valley Stream, New York. Mr. Liebowitz has gained notoriety (some might say ignominy) for having filed over 1,500 copyright infringement actions across the nation (some 1,100 in S.D.N.Y.), and having been featured in Slate, The Hollywood Reporter, and even has his own Wikipedia page (do you?). For those fortunate few unfamiliar with Mr. Liebowitz, his entrepreneurial spirit follows a well-developed business model: (1) represent photographers who have registered (or soon will register) their original works (now a requirement for instituting copyright infringement actions, and for recovery of statutory damages of up to $150K/violation plus attorneys’ fees); (2) find infringing (non-licensed) uses of those photos online by using a reverse-image search engine like Google Images, Tin Eye, Pixsy, or Berify; (3) demand an exorbitant amount to settle such cases (typically $25K per photo, most of which would command license fees of, at best, in the tens or hundreds of dollars) and then agree to a settlement figure that is a fraction (often less than half) of the initial extortionate demand. You are probably already far more Because it inevitably would cost more than the insurance familiar than you wish you were deductible to defend such a case, the defendants – many of with Richard Liebowitz, the whom are large media companies – make the rational business notorious copyright plaintiff’s attorney. -
Defense Against the Dark Arts of Copyright Trolling Matthew As G
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2018 Defense Against the Dark Arts of Copyright Trolling Matthew aS g Jake Haskell Follow this and additional works at: https://lawecommons.luc.edu/facpubs Part of the Civil Procedure Commons, and the Intellectual Property Law Commons Defense Against the Dark Arts of Copyright Trolling Matthew Sag &Jake Haskell * ABSTRACT: In this Article, we offer both a legal and a pragmaticframework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright casesfiled in the United States over the past threeyears. In the typical case, the plaintiffs claims of infringement rely on a poorly substantiatedform pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broaderproblem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet technology. The plaintiffs bringing these cases target hundreds or thousands of defendants nationwide and seek quick settlements pricedjust low enough that it is less expensive for the defendant to pay rather than to defend the claim, regardless of the claim's merits. We report new empirical data on the continued growth of this form of copyright trolling in the United States. We also undertake a detailed analysis of the legal andfactual underpinnings of these cases. Despite theirunderlying weakness, plaintiffs have exploited information asymmetries, the high cost of federal court litigation, and the extravagant threat of statutory damages for copyright infringement to leverage settlementsfrom the guilty and the innocent alike. -
Fandom, Fan Fiction and the Creative Mind ~Masterthesis Human Aspects of Information Technology~ Tilburg University
Fandom, fan fiction and the creative mind ~Masterthesis Human Aspects of Information Technology~ Tilburg University Peter Güldenpfennig ANR: 438352 Supervisors: dr. A.M. Backus Prof. dr. O.M. Heynders Fandom, fan fiction and the creative mind Peter Güldenpfennig ANR: 438352 HAIT Master Thesis series nr. 11-010 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN COMMUNICATION AND INFORMATION SCIENCES, MASTER TRACK HUMAN ASPECTS OF INFORMATION TECHNOLOGY, AT THE FACULTY OF HUMANITIES OF TILBURG UNIVERSITY Thesis committee: [Dr. A.M. Backus] [Prof. dr. O.M. Heynders] Tilburg University Faculty of Humanities Department of Communication and Information Sciences Tilburg center for Cognition and Communication (TiCC) Tilburg, The Netherlands September 2011 Table of contents Introduction..........................................................................................................................................2 1. From fanzine to online-fiction, a short history of modern fandom..................................................5 1.1 Early fandom, the 1930's...........................................................................................................5 1.2 The start of media fandom, the 1960's and 1970's.....................................................................6 1.3 Spreading of media fandom and crossover, the 1980's..............................................................7 1.4 Fandom and the rise of the internet, online in the 1990's towards the new millennium............9 -
An Extended Foreword: from Fan Doxa to Toxic Fan Practices?
. Volume 15, Issue 1 May 2018 An extended Foreword: From fan doxa to toxic fan practices? Matt Hills, University of Huddersfield, UK What have relatively recently become known as ‘toxic’ online practices – especially in the wake of 2014 press coverage of Gamergate (Nieborg and Foxman 2018; Consalvo 2012; Vickery 2018) – have also now been discussed in relation to performances of fannish identity. I say ‘fannish’ as the boundaries and borders of ‘fandom’ become potentially problematic here. It is frequently unclear whether trolls engaged in putatively ‘toxic’ activities are long-term fans, newbies entering fan spaces purely for the purposes of provoking, or, indeed, whether these might not be fans at all, but social actors attempting to instrumentally use fandom to publicize their own agendas. Indeterminacy thus haunts any discussion of toxic fan practices: where are the lines to be drawn around ‘fandom’, and equally where should we locate conceptual boundaries around the ‘toxic’? The essays collected together in this themed section edited by William Proctor and Bridget Kies propose a series of potential answers to these admittedly difficult questions. In this (extended) Foreword, however, I want to propose that toxicity is, perhaps, necessarily articulated with the matter of fan boundaries and borders – that is, it is inevitably linked to issues of (fan) authenticity as much as indeterminacy. To give one example, Suzanne Scott argues in her article in this themed section that ‘producorial trolling’ occurs when media producers troll fans by queerbaiting, issuing misleading publicity/paratextual information, and/or including subtextual representations that are read by fans as being inauthentic. -
Section 512 of Title 17 a Report of the Register of Copyrights May 2020 United States Copyright Office
united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 U.S. Copyright Office Section 512 Report ACKNOWLEDGEMENTS The publication of this Report is the final output of several years of effort by the Copyright Office to assist Congress with evaluating ways to update the Copyright Act for the 21st century. The genesis of this Report occurred in the midst of the two years of copyright review hearings held by the House Judiciary Committee that spanned the 113th and 114th Congresses. At the twentieth and final hearing in April 2015, the Copyright Office proposed several policy studies to aid Congress in its further review of the Copyright Act. Two studies already underway at the time were completed after the hearings: Orphan Works and Mass Digitization (2015), which the Office later supplemented with a letter to Congress on the “Mass Digitization Pilot Program” (2017), and The Making Available Right in the United States (2016). Additional studies proposed during the final hearing that were subsequently issued by the Office included: the discussion document Section 108 of Title 17 (2017), Section 1201 of Title 17 (2017), and Authors, Attribution, and Integrity: Examining Moral Rights in the United States (2019). The Office also evaluated how the current copyright system works for visual artists, which resulted in the letter to Congress titled “Copyright and Visual Works: The Legal Landscape of Opportunities and Challenges” (2019). Shortly after the hearings ended, two Senators requested a review of the role of copyright law in everyday consumer products and the Office subsequently published a report, Software-Enabled Computer Products (2016). -
Fandom And/As Labor, No. 15 (March 15, 2014)
Transformative Works and Cultures, special issue: Fandom and/as labor, No. 15 (March 15, 2014) Editorial Mel Stanfill & Megan Condis, Fandom and/as labor Praxis Bethan Jones, Fifty shades of exploitation: Fan labor and Fifty Shades of Grey Robert Moses Peaslee, Jessica El-Khoury, Ashley Liles, The media festival volunteer: Connecting online and on-ground fan labor Christina Savage, Chuck versus the ratings: Savvy fans and "save our show" campaigns Giacomo Poderi & David James Hakken, Modding a free and open source software video game: "Play testing is hard work" Bertha Chin, Sherlockology and Galactica.tv: Fan sites as gifts or exploited labor? Rose Helens-Hart, Promoting fan labor and "all things Web": A case study of Tosh.0 Matthias Stork, The cultural economics of performance space: Negotiating fan, labor, and marketing practice in Glee’s transmedia geography Symposium Tisha Turk, Fan work: Labor, worth, and participation in fandom's gift economy Joly MacFie, Better Badges: Image as virus Interview Bertha Chin, Bethan Jones, Myles McNutt, & Luke Pebler, Veronica Mars Kickstarter and crowd funding Review Stephanie Anne Brown, Digital labor: The Internet as playground and factory, edited by Trebor Scholz Simone D. Becque, Cognitive capitalism, education, and digital labor, edited by Michael A. Peters and Ergin Bulut Anne Kustritz, Gaga feminism: Sex, gender, and the end of normal, by J. Jack Halberstam Transformative Works and Cultures (TWC), ISSN 1941-2258, is an online-only Gold Open Access publication of the nonprofit Organization for Transformative Works. TWC is licensed under the Creative Commons Attribution-Noncommercial 3.0 Unported License. Download date: March 15, 2017. -
Filed an Amicus Brief
NOS. 11-2820, 11-2858 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT CAPITOL RECORDS, INC., et al., PLAINTIFFS-APPELLANTS, V. JAMMIE THOMAS-RASSET, DEFENDANT-APPELLEE. On Appeal From The United States District Court For The District of Minnesota Case No. 06-1497 Honorable Michael J. Davis, District Judge BRIEF AMICI CURIAE OF ELECTRONIC FRONTIER FOUNDATION, INTERNET ARCHIVE, ASSOCIATION OF RESEARCH LIBRARIES, ASSOCIATION OF COLLEGE AND RESEARCH LIBRARIES, AMERICAN LIBRARY ASSOCIATION, AND PUBLIC KNOWLEDGE IN SUPPORT OF APPELLEE AND AFFIRMANCE Corynne McSherry Michael Barclay ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 [email protected] Attorneys for Amici Curiae Additional Counsel Listed on Signature Page Appellate Case: 11-2820 Page: 1 Date Filed: 02/10/2012 Entry ID: 3879140 CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Amici Curiae Electronic Frontier Foundation, Internet Archive, Association of Research Libraries, Association of College And Research Libraries, The American Library Association and Public Knowledge (collectively, “Amici”) state that none of Amici has a parent corporation and that no publicly held company owns 10% or more of the stock of any of Amici. i Appellate Case: 11-2820 Page: 2 Date Filed: 02/10/2012 Entry ID: 3879140 TABLE OF CONTENTS Page CORPORATE DISCLOSURE STATEMENT .................................................. 1 STATEMENT OF INTEREST .......................................................................... -
Testament of New Devil Sister Fan Service Findsoft
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