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9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    Proposal For A New Model Giving Rights To Online Sharing Of Content

    Published on 9 February 2012 @ 10:15 pm

    Intellectual Property Watch

    A new publication by a well-known open access advocate proposes a business model for sharing content online that would recognise sharing as a right.

    The publication, “Sharing: Culture and the Economy in the Internet Age,” is by Philippe Aigrain, co-founder of the French civil liberties group La Quadrature du Net, in collaboration with Suzanne Aigrain.

    The financial model adds the “creative contribution” into the financial equation so as to expand the creative economy “in a context where sharing is recognized as a right,” according to a release.

    “To break away from the repressive war on the sharing of culture online, exemplified by the SOPA/PIPA bills in the US or the ACTA agreement on a global scale, Sharing makes a case for the legitimacy and usefulness of non-market sharing between individuals of digital works,” it said.

    “The creative contribution (a term that Aigrain has been using since 2008) is a flatrate mechanism with original features based on social rights, rewards and remuneration for artists as well as financing of future works, data collection for rewards based on voluntary provision using automated recording on user machines and under their sole control, and more,” it said.

    The book has been published in a hybrid form, with four components:

    * The paper book, available globally,
    * a commercial eBook in Epub format,
    * an open access electronic version,
    all under a CC-By-NC-ND license,
    * and a dedicated “live book“ website at http://www.sharing-thebook.net where you can comment on the book chapters, download source code and datasets, and interactively run models with parameters of your choice.

    The book is available here, or from Amsterdam University Press here, or University of Chicago Press (US) here.

     

    Comments

    1. Jason Barnes says:

      Just another advocate of piracy. The only difference between this thief and other pirates is that this one disguises his advocacy of theft with fancy words, and conceals his true message in a cloud of double-talk.

      What he actually claims is that there is now a license to steal.

    2. Marion Gropen says:

      Ah, yes, the academics in full cry. Impractical, and completely oblivious to the fact that their solution will ensure that those authors who currently make a living from their pen won’t be able to do so under the new regime, much less the hundreds of thousands of small publishers, and the fewer folks employed by the tiny number of big publishers.

      It will however, provide a lot of work for out of work clerks and accountants, who could be called creative, I suppose.

      And it will certainly ensure that all of the bestsellers that might have taken up all of the readers’ time won’t be there, so all the “under-appreciated great” writers will get their time in the sun.


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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