Super Bowl IP Face-Off III

This blog has reported before on the efforts of the NFL, both in 2007 and in 2008, to threaten churches that planned to hold Super Bowl viewing parties. The league claimed an infringement of its intellectual property rights. As Tim and I explained in those past years, showing a broadcast of the game on a [...]

A Madness to its Method: Cert Petition Filed in Bilski

In re Bilski set the patent world aflutter when the Federal Circuit held that business methods, as exemplified in Bilski, fail to qualify as patentable subject matter under Section 101 of the Patent Act. Now, there is a cert petition to the Supreme Court to hear Bilski’s appeal. I’m rapidly reading the petition and will [...]

Disclosure as Deterrent

Perhaps lost amidst some other minor news today, we learn of possibly one of the largest data breaches ever. According to the Security Fix blog on the Washington Post, a large payment processor called Heartland Payment Systems was infiltrated by a piece of malicious software: Heartland does not know how long the malicious software was [...]

The Register on Filtering in Australia

John Ozimek at The Register has an interesting article about Australia’s filtering debate that mentions my draft paper (SSRN) and also the work of Lilian Edwards, a law professor at Sheffield University. Professor Edwards also analyzes when Internet censorship can be legitimate and advances five criteria: transparency, openness, democratic determination, accountability, and judicial backing. It’s [...]

“Rethinking Trademark Fair Use” Published

As the new semester begins, we three professors will be on here more. For now, though, some shameless self-promotion: my article on fair use in trademark law, which I have mentioned before on this blog, has now been published in the Iowa Law Review.

Australian Filtering Debate Continues

Colin Jacobs, vice chair of Electronic Frontiers Australia, has written an article on Crikey that assesses both Australia’s filtering plan and my analysis of it. A number of blogs have picked up the story (North Coast Voices, Blogtariat, Woolly Days, Knowfirst, Your Democracy, Tech Talk at ABC Science Forum, Peak Energy, Tech News Review among [...]

Why Tax Patents Are Not Evil

Today, Linda Beale, Kristen Osenga, Andrew Schwartz, and I had a great discussion with attendees at the session on tax patents at the AALS conference at the San Diego Marriott. Most of the audience was composed of tax experts, which means they were highly courteous as they planned their march on the PTO with torches [...]

Tax Patents, Surf, and Sun

If you’re enjoying the AALS meeting, why not stop by the Open Source session on Friday morning on tax patents? It starts at 8:30AM, finishes at 10:15, and is in Torrance (South Tower Level 4). I’m presenting with (= being bailed out by) Linda Beale (our moderator),┬áKristen Osenga, and Andrew Schwartz. Here’s the abstract: The [...]