From the monthly archives: June 2013

Google Loses One in France

On June 28, 2013 By Bradlee Edmondson

Usually, Google wins. The company has racked up victory after victory in the United States and elsewhere in both trademark and copyright law. But this time (or, for now) the search and advertising giant may have met its match: European privacy regulators.

The EU is covered by the [...]

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Trolling for Trouble

On June 27, 2013 By Samantha Taylor

Fairy tale trolls and patent trolls share more than just a name.  Both gather property of sorts–trolls gather trees and livestock from fields, and patent trolls gather patents.  Neither serves a productive purpose–trolls destroy everything in their paths and patent trolls use the threat of lawsuits to prevent industrious [...]

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Open Access to Artwork

On June 26, 2013 By Avery VanPelt

A basic Google search for a famous piece of artwork, such as van Gogh’s “The Starry Night,” will almost always turn up dozens of images of the piece–often from poster retailers offering buyers a print of the artwork for $15. Occasionally, you might find an image of the artwork on [...]

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A “black swan event” is one that comes as a surprise and has a significant effect.  An “intern” is often defined as a student or graduate undergoing some type of supervised training or work.  What is not included in the dictionary definition, however, is that they are–more often than not–unpaid. [...]

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Monday Morning JETLawg

On June 24, 2013 By Bradlee Edmondson

The United States and Russia agree to establish a cyber hotline aimed at reducing the risk of cyber conflict and misunderstandings. Many are drawing analogies to the Cold War-era nuclear hotline, and in fact the new cyber hotline will be built on top of that communications framework. NSA leaker Snowden is [...]

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DNA’s Month in Court

On June 21, 2013 By Jeffrey W. Sheehan

June has been an interesting month for DNA at the Supreme Court and for technology and the law generally.  Justice Scalia demonstrated his own signature brand of judicial restraint by declining to sign on to those aspects of last Thursday’s Myriad Genetics decision that explained “fine details of molecular biology.”  [...]

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Redefining the Birthday Suit

On June 20, 2013 By Caitlin Buckstaff

Ever wonder why restaurants sing their own versions of “Happy Birthday” or why you rarely see “Happy Birthday” sung by characters in a movie or TV series? The reason: they could be fined $150,000 for unauthorized use of the song . . . at least, that is what Warner Music Group [...]

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SCOTUS Decides Myriad

On June 19, 2013 By Parker Hancock

Last Thursday, the Supreme Court held that some forms of DNA are patent-eligible in its long-awaited opinion, Association for Molecular Pathology v. Myriad Genetics, Inc.. Following Chakrabarty, the Supreme Court ruled that naturally occurring DNA is not patent-eligible, however cDNA, a form of DNA artificially created in a lab [...]

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Can’t Stop This Boobment

On June 18, 2013 By Andrew Bauer

Trademarks can be attacked on many grounds, such as lack of distinctiveness or misuse. Lately, however, the trademarks of some universities have been under threat from an usual source: boobs. The Twitter account @KUboobs posts pictures of women’s chests with something related to KU in the photo. The photos are usually provocative and are [...]

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Monday Morning JETLawg

On June 17, 2013 By Bradlee Edmondson

In the Ninth Circuit, Google argues that the Wiretap Act does not prohibit interception of unencrypted wireless transmissions. The Supreme Court unanimously rules in Myriad that isolated DNA is not patentable, while cDNA is. [H/T PatentlyO; SCOTUSBlog] Monsanto keeps farmers who were worried about inadvertent infringement out of court. [...]

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