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By Paul
The Librarian of Congress has recommended new exemptions from the prohibition on circumventing digital copy protections including one exemption for “jailbreaking” phones so that you can install your own software.
Another sign that perhaps section 1201 might not be as broadly applied going forward is this recent decision from the Fifth Circuit. That case involved the use of software that controlled uninterruped power supply devices. GE and PMI were accused of copyright infringement and circumvention because they had accessed and used the software which had an already circumvented or compromised dongle. The Fifth Circuit held that GE/PMI’s activities were not otherwise infringing and thus the circumvention was not actionable under section 1201. This seems to be a somewhat different position than that taken in the DeCSS case.
I’m not sure if this is really part of a trend, but it is encouraging for anyone who believed otherwise non-infringing activities should not give rise to a copyright lawsuit merely because a digital lock was circumvented. Section 1201 has been used unsuccessfully in the past to try to prevent competition in the markets for garage door openers and printer ink cartridges.
By Paul
I had the pleasure of talking to Harold Slawik of New Counsel about choice of entity, funding and securities law issues for startups. Check out the article and podcast at TechdotMN.
By Paul
David Kappos at William Mitchell College of Law
I was only able to attend the first 45 minutes of this event. Thank you to William Mitchell College of Law for making the whole program available online so I could see the rest. Director Kappos seems to be exactly the kind of person we should want to be heading up the U.S. Patent and Trademark Office.
By Paul
Novell recently won a 7 year battle against the SCO Group over the copyright to UNIX source code. A jury in Utah found that Novell was the owner of the copyrights in question. Its a victory for open source software generally, because it was probably the most serious legal threat to development of Linux, an open source UNIX-like operating system. SCO had alleged that Linux infringed copyrights it held in UNIX. Though Novell’s offerings have changed over the years, currently it offers SUSE Linux and related software and services.
The blog Groklaw has been following this case in great detail over the years. There is an unbelievable amount of information there which illustrates how much work can go into litigating a case of this scale.
By Paul
The FCC has created a tool that allows people to quickly see how spectrum is allocated. You can use a map to find all the licensees in a particular county or state. All this is particularly interesting now as there is currently some interest in reallocating spectrum that was used for television broadcast and allowing more wireless broadband services.
FCC Spectrum Dashboard
HT to the CommLawBlog.
By Paul
Jeff Pesek and I recently interviewed Justin Porter who works with the University of Minnesota Office of Technology Commercialization. The OTC harnesses some great innovation that comes out of the University and helps bring it to market by either licensing it, or finding the right people to help start a new company to develop it.
Check out the podcast here at TECH{dot}MN
Check out the University of MN OTC here.
By Paul
Actually, I don’t think they even make computer manuals any more. At least not ones that come with your computer. Either way, this manual from a Franklin Ace 1000 is seems so foreign, so unlike any documentation you might get today that its almost amusing. Its part rant, part manifesto and it breaks up the world into “THEM”, “US” and “YOU.” From the manual:
“Program manufacturers are natural paranoids. In their zeal to “copy protect” their programs, they tend to regard all customers as potential thieves”
Interestingly enough, Franklin made Apple computer clones and was successfully sued by Apple for copyright infringement of Apple’s operating system. Natural paranoids indeed.
Full article at Ironic Sans. HT to BoingBoing
By Paul
I was recently quoted on the Agency Babylon blog about who owns your digital identity. It is an interesting topic and one that many companies and individuals probably haven’t fully considered in their social media policies. My comments were based on discussions with other attorneys on acceptable social media policies. Companies are often want to use social media tools to engage with their customers better, but sites like LinkedIn and Facebook are really designed for individuals so it can be difficult to control. It can also cause problems with data that would otherwise be confidential such as customer and contact lists, because your friends and contacts are at least partially public.
See the article and discussion at:
Thought leaders, issue followers weigh in on who has a stake in your professional digital life
By Paul
I am pleased to announce the launch of the TECHdotMN blog. This is a collaboration between a number of people who are interested in startups and technology in Minnesota. I will be contributing as the legal correspondent. There are already a number of local startup spotlight posts written with much more to come. Here is a link to my “welcome post.”
TECHdotMN
By Paul
Texas based Lookout Services has accused a Minnesota Public Radio reporter with violating the Computer Fraud and Abuse Act. The reporter was doing a story about how Lookout had exposed the private data of a number of Minnesota consumers. Apparently doing your job as a reporter carries with it the risk of being a “hacker.”
The Computer Fraud and Abuse Act has both civil and criminal provisions and prohibits the “unauthorized access” of a computer. The phrase “unauthorized access” is pretty vague and has allowed prosecutions to go forward for such things as creating a phony Facebook account as Lori Drew had done to harass her daughter’s classmate. But unlike the Drew case, there is the new twist of a reporter doing the unauthorized accessing. So, which should be more important: a company’s right to be secure in its data, or a journalist’s right to discover and report? If the reports are true, perhaps a company should be expected to take reasonable security precautions before having CFAA remedies available.
See more at the MinnPost article.
