Strong IP Protection Provides Inventors and Creators the Economic Freedom to Create

Here’s a brief excerpt of a post by Terrica Carrington that was published on IPWatchdog. CPIP went against the grain with this conference, and showed us, bit by bit, what our world might look like today without intellectual property rights. Music wouldn’t sound the same. Movies wouldn’t look the same. You wouldn’t be reading this … Continue reading “Strong IP Protection Provides Inventors and Creators the Economic Freedom to Create”

Busting Smartphone Patent Licensing Myths

CPIP has released a new policy brief, Busting Smartphone Patent Licensing Myths, by Keith Mallinson, Founder of WiseHarbor. Mr. Mallinson is an expert with 25 years of experience in the wired and wireless telecommunications, media, and entertainment markets. Mr. Mallinson discusses several common myths concerning smartphone patent licensing and argues that antitrust interventions and SSO … Continue reading “Busting Smartphone Patent Licensing Myths”

Let’s Get Real About Kim Dotcom: The Indictment Clearly Alleges Felony Copyright Infringement

By Devlin Hartline & Terrica Carrington After countless delays, the extradition hearing against Kim Dotcom began yesterday in New Zealand. Dotcom has been indicted on several charges, including criminal copyright infringement, racketeering, money laundering, and wire fraud, in connection with his notorious Megaupload website. He allegedly reproduced and distributed large amounts of copyrighted works, including … Continue reading “Let’s Get Real About Kim Dotcom: The Indictment Clearly Alleges Felony Copyright Infringement”

Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators

The Ninth Circuit’s opinion in Lenz v. Universal is out, and it’s a doozy. The main issue in the case is whether a rightholder has to consider fair use before sending a DMCA takedown notice. Section 512 requires the sender to state that she “has a good faith belief that use of the material in … Continue reading “Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators”

The MovieTube Litigation: Who Needs SOPA?

Cross-posted from the Law Theories blog. On July 24th, six major studios sued MovieTube for direct and indirect copyright infringement, trademark infringement, and unfair competition in the Southern District of New York. MovieTube is alleged to have operated twenty-nine foreign-based websites that streamed, displayed, and uploaded infringing copies of the studios’ copyrighted works. Not knowing … Continue reading “The MovieTube Litigation: Who Needs SOPA?”

Federal Circuit Should Reconsider Ariosa v. Sequenom: The Panel Decision Threatens Modern Innovation

Here’s a brief excerpt of a post by Devlin Hartline that was published on IPWatchdog. In an amicus brief co-authored by Kevin Noonan of McDonnell Boehnen Hulbert & Berghoff LLP and Professor Adam Mossoff of George Mason University School of Law, twenty-three law professors urge the Federal Circuit to take a second look at the … Continue reading “Federal Circuit Should Reconsider Ariosa v. Sequenom: The Panel Decision Threatens Modern Innovation”

Creators, Innovators, and Appropriation Mechanisms

In Creators, Innovators, and Appropriation Mechanisms, CPIP Senior Scholar Sean O’Connor tackles the erroneous narrative in copyright debates that tech firms produce “the innovative technologies and digital platforms of the future” while content owners “thwart this progress to maintain the status quo of an analog content world that no longer exists.” The reality, O’Connor explains, … Continue reading “Creators, Innovators, and Appropriation Mechanisms”

How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms

We’ve all heard the narrative about patent licensing firms, often referred to pejoratively as “patent trolls.” These patent owners, who choose to license their innovations rather than build them, are the supposed poster-children of a “broken” patent system. It’s as if commercializing one’s property, just like a landlord leases his land for another to use, … Continue reading “How Rhetorical Epithets Have Led the FTC Astray in its Study of Patent Licensing Firms”

Unintended Consequences of “Patent Reform”: The Customer Suit Exception

In the last two weeks, the House and Senate Judiciary Committees marked up wide-ranging patent legislation ostensibly aimed at combating frivolous litigation by so-called “patent trolls.” But while the stated purpose of the House and Senate bills—H.R. 9 (the “Innovation Act”) and S. 1137 (the “PATENT Act”), respectively—is to combat abusive litigation, a closer look … Continue reading “Unintended Consequences of “Patent Reform”: The Customer Suit Exception”

CloudFlare Enjoined From Aiding Infringers: Internet Unbroken

Just how far does a court’s power to enjoin reach into cyberspace? It’s clear enough that those directly posting or hosting infringing content are subject to an injunction. But what about a company such as CloudFlare that provides content delivery network and domain name server services? Does an injunction under Rule 65 against anyone acting … Continue reading “CloudFlare Enjoined From Aiding Infringers: Internet Unbroken”