This Week in Intellectual Property, December 10th

This Week in Intellectual Property, December 10th

News and Commentary

Lila Bailey is profiled in this Fortune piece. It discusses her legal career, her move to the Internet Archive, and her history with the publishing industry and how that informed her work on preserving knowledge and cultural works at the Internet Archive.

The Niskanen Center has filed an amicus brief in United States v. Arthrex, where we discuss the Court’s long history of viewing patents as public franchises and the value of the Patent Trial and Appeal Board. You can read the brief here.

I write in TechDirt exploring why conservatives, who are generally hostile to big tech due to alleged censorship of conservative viewpoints, aren’t as up in arms about copyright law. After an exploration of four different angles of interest to conservatives, I come to the unsatisfying conclusion that they don’t care because it just hasn’t captured their attention.

Kate Cox of Ars Technica writes about the recent DMCA takedown notices sent to the website GitHub by the RIAA. The subject of the takedown notices was code for YouTube-dl, a tool used to archive YouTube videos. RIAA claimed that the code was used to circumvent TPMs, which is illegal under the Copyright Act, but EFF, in support of YouTube-dl, that the tool doesn’t do that and instead merely accesses the signature code without any circumvention.

The Niskanen Center has submitted public comments to the U.S. Patent and Trademark Office on proposed rule making related to the Patent Trial and Appeal Board’s inter partes review process. We opposed recent changes which would severely limit the scope of the IPR process via an increase in discretionary denials, particularly those which related to denying institution for serial petitions and in cases where patent litigation is pending in a district court.

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By |2020-12-10T14:46:02-08:00December 10th, 2020|Blog, Intellectual Property|