Law

Pinterest is a social site for image sharing around themes that launched in closed beta in March 2010. As the site proceeded through an invite system and finally registration requests, it gained a considerable following and was one of Time's "50 Best Websites of 2011." In January 2012, it drove more referral traffic to retailers than YouTube, Google+, and LinkedIn combined and became the fastest site to ever break 10 million unique visitors. As its popularity increases, so have concerns about whether its users aren't just sharing their favorite things, but engaging one another in the web's largest copyright infringement platform. » Read more

Our bridge into the 21st Century presently houses a nasty creature who demands a toll from the best and brightest in our community. The dreaded troll is a regular denizen of our current system of patent enforcement and he poses serious problems for technology companies. Despite the great expense of patent litigation, trolls are filing increasing numbers of patent suits aimed at technology companies, and particularly aimed at software and related areas of commerce. Their club of choice is the broad, complex, and vague patent claim. There are several means at our disposal, most of which are based on known mechanisms from other areas of the law, for dealing with these trolls, or more diplomatically, these "non-practicing entities." » Read more

For FOSDEM 2012, held last weekend in Brussels, I had the privilege of co-organizing (with Tom Marble, Karen Sandler, and Bradley Kuhn) the first-ever DevRoom track devoted to discussion of legal issues relating to free/libre/open source software. With several thousand attendees and hundreds of sessions, FOSDEM is one of the largest FLOSS conferences in the world, and surely the largest in Europe. This makes it all the more remarkable that FOSDEM is a free-admission, non-commercial community event, organized and administered entirely by volunteers.

The idea of a Legal DevRoom being untested, FOSDEM's organizers gave us a single day and a relatively small room. Our basic goal was to » Read more

In a decision that favored the 1% (copyright owners) over the 99% (consumers and the public domain), the U.S. Supreme Court recently held that neither the Patent and Copyright Clause of the U.S. Constitution nor the First Amendment prohibits the removal of works from the public domain. Golan v. Holder, No. 10-545. Prior blog coverage of the case: certiorari granted and the 10th Circuit opinion. » Read more