tag:blogger.com,1999:blog-12505562.post5200233767837955176..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Rocky Mountain RatingsWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-12505562.post-84891930361009476842009-12-08T15:13:59.754-05:002009-12-08T15:13:59.754-05:00Courts would seem to have a generalized disinclina...Courts would seem to have a generalized disinclination for allowing others to steal that which the "sweat of the brow," has created. If the alternatives are allowing free-riders on the work of others, or stretching copyright in ways seeming voided by Feist, they will often choose the second.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-17602767371705052632009-08-29T16:46:38.880-04:002009-08-29T16:46:38.880-04:00"Can they patent the computation by means of ..."Can they patent the computation by means of which they arrive at their ratings?"<br /><br />In re Bilski would make it difficult. However, they probably would keep their methodolgy as a trade secret. They may be changing it every now then to get a better system. Plus this would give them a longer period of protection.Patent Lawyer Pittsburghhttp://www.beckthomas.comnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-44797577002216530082009-08-28T04:09:06.268-04:002009-08-28T04:09:06.268-04:00This is excellent blog, really very impressive inf...This is excellent blog, really very impressive information.<br /><br /><a href="http://www.addmyurl.net/" rel="nofollow">Add My URL</a>rameshhttps://www.blogger.com/profile/04364707164535501878noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-38907183554600300792009-08-21T04:01:41.165-04:002009-08-21T04:01:41.165-04:00nice blog, will visit againnice blog, will visit againMelaniehttp://www.berlin49.denoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-81229039644957929132009-08-06T17:20:16.251-04:002009-08-06T17:20:16.251-04:00I am glad you have started this blog up again. IP ...I am glad you have started this blog up again. IP law is in such a state of flux.Stevehttp://www.replinrhoades.comnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-90871444964254386992009-08-04T05:34:52.221-04:002009-08-04T05:34:52.221-04:00Thanks for post. It’s really imformative stuff.
...Thanks for post. It’s really imformative stuff.<br /> I really like to read.Hope to learn a lot and have a nice experience here! my best regards guys!<br />_____________<br />manishfusion<br /><br /><a href="http://blogshubhinetwork.com" rel="dofollow" rel="nofollow">seo jaipur</a>--seo jaipurmanishfusionhttps://www.blogger.com/profile/04092388900192474236noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-76968907019212842442009-08-02T17:09:32.928-04:002009-08-02T17:09:32.928-04:00The 10th circuit is the circuit I live in, and I d...The 10th circuit is the circuit I live in, and I don't think it has done too badly, despite occasional clunkers like the <i>Health Grades</i> ruling.<br /><br />I find Health Grades's position to be very peculiar. Can they patent the computation by means of which they arrive at their ratings? Even if they can't, other peoples' ability to copy their ratings doesn't seem as though it could be much of a threat. If Health Grades's ratings are deemed useful and accurate, many would be likely to want to go to the source to get them, not trusting imitators or copyists. The accumulated expertise in performing complex computations is not something a competitor could build up overnight, unless it hired away some of Health Grades's people.Mockingbirdhttps://www.blogger.com/profile/13012024824620380483noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-88863516514449668272009-08-01T12:19:50.336-04:002009-08-01T12:19:50.336-04:00Bill, have you returned to blogging? Please say y...Bill, have you returned to blogging? Please say yes! <br /><br />And if so, a bit more on the Salinger case perhaps? I came over here after the last court decision, ever hopeful you'd return...<br /><br />-KarenKaren Chesleyhttps://www.blogger.com/profile/04175788617558629280noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-35772286989198771392009-07-22T12:57:42.125-04:002009-07-22T12:57:42.125-04:00“Prices are not generally considered copyrightable...“Prices are not generally considered copyrightable because the determination of prices is considered a business decision and thus they represent facts.” <br /><br />We'll be sure to have this quote (and post) handy around Thanksgiving, when retailers such as Wal-Mart, Target, Best Buy and others resume their annual practice of sending DMCA takedown notices to Web sites who seek to publish so-called "Black Friday" sales price information before the retailers release it themselves.Copycensehttp://www.copycense.comnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-49998490354691808112009-07-21T12:22:23.269-04:002009-07-21T12:22:23.269-04:00I'm thrilled that you may be blogging again. ...I'm thrilled that you may be blogging again. In regards to the decision, I think it's easier to explain away as an outcome determinative holding. There were around six copyright decisions issued from district courts in the 10th Circuit last month -- all of them (except one, I think) are not consistent with any reasonable interpretation of copyright law. <br /><br />Perhaps the easier rule to be drawn from this is that judges from the 10th Circuit, which doesn't see many copyright cases, will interpret the law as they see fit. That these judges will issue decisions that reach a desired outcome without consideration of broader structural interests, or future precedent.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-26426715307778658522009-07-21T06:17:13.958-04:002009-07-21T06:17:13.958-04:00wow, interesting article.wow, interesting article.Elisahttp://hauptstadtreisen.comnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-65635811648166482882009-07-20T19:44:22.006-04:002009-07-20T19:44:22.006-04:00Hi Gordon, there is a discussion of this in both t...Hi Gordon, there is a discussion of this in both then district court judge Pierre Leval and court of appeals judge Jon Newman's opinions in the Salinger case, where the defendant had signed an agreement to get access to unpublished letters. The agreement said he would get Salinger's permission. He didn't, and lost his fair use argument, but both judges pretty much eviscerated the contractual restriction. The cites are: 650 F. Supp. 413 (S.D.N.Y. 1986), and 811 F.2d 90 (2d Cir. 1987). <br /><br />Michael, I think what happens is that something that is copyrightable as a compilation (in this case I believe a website) gets a valid registration, but the infringement claim is for unprotectible parts of that compilation.William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-81295151100574491522009-07-20T16:44:03.196-04:002009-07-20T16:44:03.196-04:00Does this mean that you're back?Does this mean that you're back?rumpolenoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-79514045800058844992009-07-20T15:21:02.479-04:002009-07-20T15:21:02.479-04:00If this one brought you back to a bit of blogging,...If this one brought you back to a bit of blogging, just wait til the 9th CCA rules on MDY v. Blizzard. ;)<br /><br />All seriousness aside, it is sobering how often these things simply appear to be flatly "wrong" to industry professionals. It seems to me that the sniff test in many of these reaches is what would you send to the Copyright Office if you wanted to register it?<br /><br />Here, please file my registration in this creative work: *<br /><br />Also, this one: **<br /><br />And: ***, etc.<br /><br />When reduced to that, it seems to me, admittedly not a lawyer, that you're working with something not even remotely copyrightable. It's totally different from copyrighting a compilation.Michael Donnellynoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-49573502850935398782009-07-20T12:21:14.406-04:002009-07-20T12:21:14.406-04:00This is a bit tangential to your discussion, but o...This is a bit tangential to your discussion, but one thing that comes up from time to time in my business is whether licensing materials (as in the Health Grades case) affects the use of short quotes and things of that sort which would be presumably be considered fair use if they were just in a magazine. In other words, if I license a report to you or your company and that license prohibits quoting from the report in marketing materials without express permission, does the license carry any real weight?Gordon Haffhttps://www.blogger.com/profile/12792902759064826050noreply@blogger.com