Thursday, April 26, 2012

Copyfraud and Other Abuses of Intellectual Property Law


Very important book, especially as Congress is considering expanding the already extensive powers of copyright owners.

Intellectual property commentary has not spent enough time on the fact of IP overenforcement as it confronts users. Mazzone's book highlights an underappreciated problem of rights fabrication that threatens to become a form of private legislation. If the intellectual property system is to genuinely promote innovation and creativity, it will need to address the problems he describes. Mazzone's policy recommendations are wise and often original, both recognizing and building on a large law review literature on IP reform.

There are many works that critique copyright overenforcement, but none frames the issue in the way that Mazzone does. Moreover, his closing arguments present a uniquely level-headed and persuasive account of the policy changes that could improve matters.

Mazzone hits the "sweet spot" between sparse summary and prolix pontification. Mazzone is a gifted writer who can make an argument about even dry topics move briskly and engagingly. Overall, a wonderful read and a worthy contribution to the IP literature.

More information at Copyfraud and Other Abuses of Intellectual Property Law  

Sunday, April 15, 2012

Intellectual Property and Open Source: A Practical Guide to Protecting Code [

I am an attorney with a decent background in the basics of intellectual property. I bought this book because I wanted to learn more about IP issues related to open source licensing. While this book isn't really written for an attorney audience I still found it to be very useful.

In addition to dealing with the important legal issues related to open source licenses the book also does a great job of discussing and analyzing the economics and community issues that are critical to understanding the open source movement in general.

He also does an excellent job of discussing the various theories and philosophies behind the open source movement which I think are important to understand for those who are really interested in having a thorough understanding of open source.

The author is an attorney and programmer and the book is geared more towards an audience who has a decent background or knowledge in computer programming. If you do not have a background in computer programming some of the examples and analogies the author uses are a bit hard to follow but in most cases I did not find it was critical to fully understand the examples to understand the author's point.

Overall I think it is a great book for developers who work on open source platforms and for attorneys who are looking for an general overview or introduction to the legal issues which surround open source software.

More information at Intellectual Property and Open Source: A Practical Guide to Protecting Code

Saturday, April 7, 2012

The Oxford Introductions to U.S. Law: Intellectual Property

In The Oxford Introductions to U.S. Law: Intellectual Property, prominent intellectual property scholar Dan Hunter provides a precise, engaging overview and careful analysis of current laws of intellectual property and their history. Hunter first focuses on the central areas of intellectual property law, including copyright, patent, trademark, and trade secrets. He then explores the politics, economics, psychology and rhetoric of possession and control that influence and interact with this area of law. intellectual property

Hunter explains how intellectual property has contributed greatly to the innovations that we, as a society, need in our modern lives. He also describes ways in which the expansion of intellectual property can reduce innovation by stopping others from implementing great ideas or producing new work. Hunter helps readers think about modern intellectual property in a way that allows them to see how innovation and progress are linked to intellectual property law, and how small changes in the laws have had significant consequences for our society. Ultimately, Hunter helps readers form their own views about the various areas within the arena of intellectual property.

More details at The Oxford Introductions to U.S. Law: Intellectual Property

Monday, April 2, 2012

Against Intellectual Monopoly

I wanted to really give this book a higher rating but I feel in all honesty that I cannot. The problem here is that the book reads too much like a prosecuting attorney's case, starting from the premise that IP is an outrageous, rent-seeker's grab, that we could have lots of good stuff without IP, and that lots of things have indeed been invented and produced without IP. To a degree, the authors provide a great deal of evidence for their case, but I also was irritated by the sometimes strident tone adopted here. And some of the examples they give of how creativity works without IP are laughable. For example, on page 30, they write: "For at least three thousand years, musical and literary works have been created in pretty much every society, and in the complete absence - in fact, often under the explicit prohibition - of any kind of copyright protection". Well, to focus on books, such things only began to be produced on any significant scale (at a time when adult literacy was negligible) after the invention of the printing press. Copying of others' literary efforts would have been almost impossible outside the confines of a few learned aristocrats and monks. For a large chunk of human recorded history, the only stuff that got produced was produced in relatively tiny numbers and read by an equally relatively tiny number of people. Okay, that does not necessarily invalidate some of the points being made, but it is striking that the authors don't mention this rather obvious point.

In another example seeking to prove how successful publishing can occur without IP, the authors (page 24) give the example of the 9-11 Commission Report, and the fact that Norton did not pay for the publishing rights. Well, for a start, the 9-11 Commission was a government, tax-funded body, so unlike a private author hoping to make a living in a free market, the book was actually produced with tax dollars. This hardly seems a very good counter-example to use in smacking down copyright.

And another odd example is provided, this time about patents, on page 51, describing Eli Whitney's non-patented firearms and the success of their sales - to the government! Again, this is an example of business that did well without IP because of government-funded purchase of its products. If this is meant to show that non-IP business models work, it seems an odd example to use in the context of a broader free market attack on IP, which is how Levine and Boldrin present their book.

There are other, better examples of how we could get by without IP, and there are many examples also of the absurdity of taking technologies and creations that came to being without IP (like software and fashion). This is persuasive. But the authors are at times so keen to prove their case that they produce examples of the kind I mention that just don't seem to "work" in the way they intend. This is a shame. My general conclusion is that the case against IP is a strong one but not quite as crushing as the authors would have us believe. Another problem is that the authors tend to overlook the issue of the moral right of a creator to be able to exclusively charge for it for a period of time before his work filters out into the public domain. There is a normative argument - as expounded recently by Robert Merges in his book Justifying Intellectual Property - that these authors don't seem to consider. If I write a novel and it can be immediately copied others can get my efforts for almost free, is this really just? Okay, some people like to write novels as a hobby, but if we remove copyright protection, we will need to revert to the days when artists needed the financial backing of patrons, or worse, subsidies from the state (which raise all kinds of issues in terms of political influence, etc.) And in getting rid of copyright, some authors and publishers will want to come up with alternative ways of capturing an income stream from their work, but why reinvent a perfectly serviceable wheel? What's the point?

Also, another issue is how the very word "monopoly" is used here. If a person creates something genuinely new and original, has he created a "monopoly" since he has not taken something in the public domain from the public but added something new to it. This issue is a very complex one but the authors don't seem to deal with it very much. And there is a lot that can be done to remove the most egregious failings of the patent system, for example, by disallowing patents on broad categories such as business methods, or reducing the timespans on patents (to discourage "trolls") and facilitating more efficient licensing. intellectual property

The book makes a strong case on economic, consequential grounds that IP is bad, but not quite so strong as to make me feel we can or should get rid of it entirely. If IP is really so bad, then it seems hard to reconcile this with the extraordinary fecundity of today's business and artistic world. If the world is suffering a dearth of human creativity, I haven't seen it.

More reviews at Against Intellectual Monopoly

Friday, March 23, 2012

The Invisible Edge: Taking Your Strategy to the Next Level Using Intellectual Property

The average business book is really a business article, padded out to book length via stings of anecdotes and repetition of the obvious. Not in this case. Blaxill and Eckardt have a substantive case to make - namely, that in the search for sustainable competitive advantage, most managers are looking in the wrong place. According to the authors, conventional management efforts - focused as they are on operational efficiencies and "best practices" - are bound to fail, because in an era of hypercompetition, traditional advantages can't be defended for any length of time.

Instead, they argue, intellectual property is the only key to lasting advantage - and IP strategy should be the chief focus of senior management's attention. To delegate IP to specialists from the legal and engineering camps is to fail.

Blaxill and Exckardt support the argument with extensive, detailed examples of companies that got their IP right and those that didn't, as well as policy decisions that strengthened or weakened IP positions. In particular the story of Xerox - effectively stripped of its IP in the '70s in a misguided government effort to ensure competitiveness. Overseas competitors thrived on the IP they were able to access, and Xerox never recovered. It's a cautionary tale for 21st-Century patent policy. intellectual property

Blaxill and Eckardt are IP traditionalists - they favor strong protection. They're definitely not members of the Wickinomics/"information wants to be free" camps. There's a place for IP collaboration in their world, but it needs to be balanced against the recognition that too much sharing at the wrong time risks diluting a company's sole source of value. Not a fashionable viewpoint by any means, but one that needs and deserves to be heard.

For senior executives struggling to set strategic direction in challenging times... for policymakers who need to lay the foundations for a healthier, more competitive economy... and for investors who need a firmer basis than quarter-by-quarter financial performance to value their holdings... The Invisible Edge provides a worthwhile new lens. Recommended.

Get now at The Invisible Edge: Taking Your Strategy to the Next Level Using Intellectual Property

Tuesday, March 13, 2012

Miller and Davis' Intellectual Property-Patents, Trademarks, Copyrights in a Nutshell, 4th (In a Nutshell (West Publishing))

This comprehensive guide provides an overview of patents, trademarks, and copyrights. Authors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patent protection, patentability, and the patenting process. intellectual property

Presents the fundamentals of trademarks and copyright laws. Text further addresses torts and property, antitrust and government regulation, concepts of federalism and state, and federal conflicts.

This nutshell is great, I learned more out of it than I did in my patent law class. I wish I had read it before I took the class, that way I'd have a better understanding of it, it explains the confusing concepts really well. It was a life-saver on the final exam, and I'm going to use it for my trademark law class next semester as well!!

More information at Miller and Davis' Intellectual Property-Patents, Trademarks, Copyrights in a Nutshell, 4th (In a Nutshell (West Publishing))

Monday, February 27, 2012

Justifying Intellectual Property


Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents—who emphasize the importance of providing incentives for producers of creative works— from skeptics who emphasize the need for free and open access to knowledge.

In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges’ vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits. intellectual property

Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and—when subject to fair limits—these rights are an indispensable part of a well-functioning society.

More details at Justifying Intellectual Property

Friday, February 24, 2012

Piracy: The Intellectual Property Wars from Gutenberg to Gates

Adrian Johns' PIRACY is a wide-ranging and expansive view of a subject that is of intense interest as books, music and movies shift to digital dissemination.

Johns' great gift is his ability to present the historical context of the piracy of intellectual property and he offers a sweeping narrative that's full of really interesting tidbits.

Ultimately, Johns positions today's piracy of digital media within the context of a never-ending struggle between commerce and creativity. A great book that will be read and argued for many years.

More reading at Piracy: The Intellectual Property Wars from Gutenberg to Gates

Thursday, February 9, 2012

Essentials of Intellectual Property: Law, Economics, and Strategy (Essentials Series)

The strength of this book is that it provides a comprehensible introduction to intellectual property - focusing on patents. If you want to learn something about intellectual property without wading too deep into lawyerspeak - this book may interest you. In addition to patents - trademarks, copyrights and trade secrets are discussed; other aspects of intellectual property are waved at. The last chapter provides dated coverage of intellectual property as it relates to the Internet - mostly focusing on business method patents. This is interesting from a business perspective but the authors do not seem versed in the technical aspects of E-Commerce. Laches and estoppel are demystified and the book presents what looks like solid advice on how to enforce your rights against a group of infringers (attack the weakest one first). There are clearly divided sections (making the frequent pauses that I occasionally made between readings convenient), key ideas are highlighted in an attractive manner and charts and graphs are well presented.

I'm not sure there is enough in depth information in this book to make it really useful. Just before the authors really dig into a subject they roll out their well-oiled marketing spiel - "consult a lawyer/professional on this issue". Patent law is even compared to brain surgery at one point. While consulting with a lawyer on serious patent litigation is probably good advice - it would have been nice if the authors had gone into more depth on the advice a lawyer might give. Throughout the book, patent law is treated as an impenetrable black box - the reader can get a look at the outside and hear a little about what goes on inside but opening the box entirely is expressly forbidden. I was repeatedly given the impressiion that the main purpose of this book was to serve to market the services of intellectual property attorneys and consultants to corporate executives.

Another flaw in the book is that the index is weak - which, along with the sparse table of contents and vague referrals to previous chapters - makes the book a poor reference. Another irritating blemish is that while the book presents a number of statistics, it includes no information on where they came from. Some sort of footnote referring to sources would have been nice.

Additional note (15 Jul): If you are at all interested in studying or learning about patents I highly recommend Patent it Yourself by David Pressman. I've only read the first few chapters but it's already clear that Patent it Yourself is ever so much more comprehensive, useful and practical than Essentials of Intellectual Property.

More information at Essentials of Intellectual Property: Law, Economics, and Strategy (Essentials Series)

Saturday, January 7, 2012

Intellectual Property: The Quick Guide


"Intellectual Property Law: The Quick Guide" presents a comprehensive reference to idea rights and laws in the United States in a compact format.

This digital compendium highlights all of the key components of the law from its scope to its particulars and practical applications. Engaging and succinct text gets you quickly to the heart of each entry.

You’ll gain valuable insight into:

  • Idea Rights
  • Protecting Original Work
  • The Right to Copy
  • Trademarks: More than Logos
  • The Non-Compete Clause
  • Works in the Public Domain
  • Determining Fair Use

...and more. Click here at Intellectual Property: The Quick Guide

Wednesday, January 4, 2012

Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets for the Paralegal


Intellectual Property, third edition is a thorough guide to the four fields of intellectual property law; trademarks, copyrights, patents, and trade secrets, covering topics such as the duration of rights, protection from infringement, and new and international developments in each field. Intellectual Property, third edition is on the forefront of Intellectual Property law, covering new and cutting edge issues in the field, such as proposals for patent reform, the rise of patent trolls, copyright pre-registration, and Section 337 ITC investigations.


The comprehensive overview of each field is complemented by sample agreements, checklists, and other practical guides throughout the book.


Each chapter contains realistic case studies and trivia to engage students and provide real world insight into the field of intellectual property law. Intellectual Property, third edition also includes invaluable resources that students will refer to throughout their careers, such as useful intellectual property Web sites, internet research questions and an "Ethics Edge" section that relates to ethical issues raised in the chapter. intellectual property

I was very happy with the condition of my book. It was used, but it looked new. This is my second time ordering through Amazon Warehouse. The first time I was very pleased with my purchase, and this being my second time, I am very pleased with my purchase. I would highly recommend ordering through Amazon Warehouse. I will continue ordering all my textbooks from them.

Check for more information at Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets for the Paralegal