by Kevin Coates | Jan 28, 2014 | News from around the Web
From Antitrust & Competition Policy Blog: PROPERTY AS PLATFORM: COORDINATING STANDARDS FOR TECHNOLOGICAL INNOVATION “Henry Smith (Harvard) has written on PROPERTY AS PLATFORM: COORDINATING STANDARDS FOR TECHNOLOGICAL INNOVATION. ABSTRACT: This article examines the coordination of inputs to the development and use of technology as a problem in the theory of property. Recent misunderstanding...
by Kevin Coates | Jan 27, 2014 | News from around the Web
From The IPKat: BREAKING NEWS: CJEU says that circumventing a protection system may be lawful (sometimes) “ Technological protection measures jokes are simply the best Probably there are just a few topics of conversation that are more charming and successful than videogames and technological protection measures. This said, today the Court of Justice of the European Union (CJEU) comes in your help with new conversation hints, by releasing its much-awaited judgment [UPDATE @11:05: the full judgment is now available here] in Case C-355/12 Nintendo. This was a reference for a preliminary ruling from Italy seeking clarification as to the following: 1. Must Article 6 of Directive 2001/29/EC be interpreted, including in the light of recital 48 in the preamble thereto, as meaning that the protection of technological protection measures attaching to copyright protected works or other subject matter may also extend to a system, produced and marketed by the same undertaking, in which a device is installed in the hardware which is capable of recognising on a separate housing mechanism containing the protected works (video games produced by the same undertaking as well as by third parties, proprietors of the protected works) a recognition code, in the absence of which the works in question cannot be visualised or used in conjunction with that system, the equipment in question thus incorporating a system which precludes interoperability with complementary equipment or products other than those of the undertaking which produces the system itself? 2. If it should be necessary to consider whether or not the use of a product or component to circumvent a technological protection measure predominates over other commercially significant purposes or uses,...
by Kevin Coates | Jan 27, 2014 | News from around the Web
From FOSS Patents: Why Google Books is probably fair use but Android’s hijacking of Java is clearly not “”
by Kevin Coates | Jan 27, 2014 | News from around the Web
From eutopialaw: Nintendo vs Modchips: Score Draw in the CJEU “Angus MacCulloch The Court of Justice of the EU handed down its judgment in Case C-355/12 Nintendo v PC Box on 23 January 2014. It is the first of two cases concerning the legality of modchips for videogames consoles to come before the Court (Case C-458/13 is remains pending). The judgment doesn’t finally decide on...
by Kevin Coates | Jan 24, 2014 | News from around the Web
From Antitrust & Competition Policy Blog: Self-Replicating Technologies and the Challenge for the Patent and Antitrust Laws “Daryl Lim, The John Marshall Law School discusses Self-Replicating Technologies and the Challenge for the Patent and Antitrust Laws. ABSTRACT: Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of...
by Kevin Coates | Jan 24, 2014 | News from around the Web
From Antitrust & Competition Policy Blog: Standard-Essential Patents “Josh Lerner (Harvard) and Jean Tirole (Toulouse) have a great paper on Standard-Essential Patents. ABSTRACT: A major policy issue in standard setting is that patents that are ex-ante not that important may, by being included into the standard, become...