Jaani.net

The blog

Writing & notes

Essays, notes and reflections on technology, law and life.

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    Patent System Flawed, Says IBM

    Jim Stallings, vice-president of International Business Machines’ intellectual property and standards group, last week attacked the patent system as rewarding ‘bad behaviour’. He said it encourages the stockpiling and oppressive use of patents: ‘There has been a dramatic increase in the number of filings of patents recently, around the world, but particularly in the United… Read more →

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    Grokster Appeal News Roundup

    Yesterday, oral arguments were presented to the Supreme Court of the United States by the parties in MGM Studios v Grokster. There has been extensive news coverage of the appeal, which is important for a number of reasons — both legal and social. As the analysis begins to trickle in, I’ll post relevant links here:… Read more →

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    Closing Arguments Delivered in Universal Music v Sharman License Holdings

    With Universal Music due to conclude its case against Sharman Networks next week, users and copyright pundits will soon find out whether this peer-to-peer (‘P2P’) file-sharing application is permissible in the Australian jurisdiction. Concluding arguments were last week submitted to Wilcox J of the Federal Court of Australia, marking the end to another chapter in… Read more →

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    MGM v Grokster Ltd Amici Curiae Briefs Filed

    Inter alios, 17 professors of computer science have made amici submissions to the United States Supreme Court concerning MGM’s forthcoming appeal. The brief likens peer-to-peer network topologies to those underpinning the Internet, and in its technical precision (and, for the large part, apoliticism) brings much needed clarity to a debate frequently clouded by self-interest and… Read more →

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    Spamming Conviction Appeal: One Overturned, One Upheld

    A US judge has dismissed a felony spamming conviction that had been called one of the first of its kind, saying he found no ‘rational basis’ for the verdict and wondering if jurors were confused by technical evidence. Ruling on Tuesday, Judge Thomas D Horne also said jurors may have [become] ‘lost’ when navigating Virginia’s… Read more →

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    Microsoft Wins Appeal in Eolas Patent Case

    This just in from Ars Technica: [A] Federal appeals court has overturned part of a lower court decision awarding Eolas US$521 million in damages for patent infringement by Microsoft. The case revolved around the use of browser add-ons such as plug-ins, ActiveX controls, and applets, which Eolas (a spinoff of the University of California) claimed… Read more →

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    Playing with Fire: Selling a Custom iPod

    A Francis Hwang recently attempted to resell his ‘Special Edition U2’ Apple iPod on eBay preloaded with several songs from Negativland, a band famous for being sued by U2’s publisher ‘for allegedly using an unlicensed sample of “I still Haven’t Found What I’m Looking For”.’ Hwang marketed his sale as the ‘Special Edition U2 vs… Read more →

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    American E-Voting The Subject of Sweeping Reforms

    According to this press release, several US congressmen are proposing to rectify some of the problems associated with last year’s electronic presidential ballots, including requirements that operating code be open source and machines leave a paper trail: The Count Every Vote Act of 2005 will provide a voter verified paper ballot for every vote cast… Read more →

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    Industry Code: Consumer Internet Access Contracts to Be Regulated

    ‘Remember TPG’s $26.95/month ADSL plan that cost at least $42.85/month due to hidden data charges? Or Telstra’s ‘Broadband Amnesties’ in the face of complaints about unfair terms and conditions? Or ISP contracts forbidding customers from complaining to the Telecommunications Industry Ombudsman?’ A Working Committee for the Australian Communications Industry Forum (‘ACIF’) has released a new… Read more →

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    Eminent Domain for Intellectual Property?

    This interesting article on Prospect explores the possibility of state-sanctioned seizure of private intellectual property rights for the purpose of lowering pharmaceutical costs: Unless the drug industry starts to negotiate significantly lower prices, it may find itself battling debt-strapped states for control over the manufacture of drugs. States already take land and other property in… Read more →