The Open Road

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September 9, 2008 6:37 AM PDT

Copyright extension of 45 years to net just $40 for most performers

by Matt Asay
  • 11 comments

Just when I think the freedom brigade is on a roll, I read nonsense like this from the European Union, as reported in Ars Technica, suggesting that the EU is considering extending copyright terms by 45 years in order to guarantee income for aging artists. US entitlements like Medicare having nothing on this....

Every few years the US extends copyright terms because Disney lobbies the heck out of Congress' weak-kneed legislators to prevent Mickey Mouse from becoming public domain. After pilfering the commons for the basis of much of its revenue (Beauty and the Beast, Cinderella, and even, perhaps, Mickey Mouse), Disney keeps going back to the congressional well to ensure its God-given right to make money on old intellectual property forever and ever.

But that's the US. I would have hoped that the EU would show a bit more common sense. Alas! Its proposal completely fails to solve even the problem it sets out to fix, as Open Rights Group notes:

"The Commission makes much of the challenging financial situation facing aging performers," it says. "While we do not accept that IP law is an appropriate mechanism to deal with this situation, as we will demonstrate in the second section of this submission, it also turns out to be a very inefficient one."

... Read more
July 31, 2008 4:41 AM PDT

How Microsoft acts when it *really* feels its patents are violated

by Matt Asay
  • 1 comment

Microsoft rarely sues anyone, but gets sued plenty. It's interesting, therefore, that when Microsoft recently took legal action against an alleged patent violator, the subject is hardware, not software, and relates to its mouse technology, of all things, and not something more significant like, say, its Windows cash cow.

As noted elsewhere on CNET, Microsoft filed a complaint [PDF] with the U.S. International Trade Commission against Taiwanese hardware maker, Primax, over allegations that Primax violated seven Microsoft patents related to two technologies - TiltWheel and U2 - used in computer mice.

In a sign of how Microsoft acts when it really feels its patents are being violated, Microsoft's Horacio Gutierrez, a Microsoft vice president and deputy general counsel for intellectual property and licensing, indicated that Microsoft approached Primax multiple times over two years to try to resolve the issue. In other words, the company was quite reasonable and consistent in its approach.

Now compare this to how Microsoft engaged the Linux community over the alleged violation of no less than 235 of its patents back in 2007. No quiet discussions with the alleged violators (No, the Novell patent deal doesn't count, as Novell never even remotely suggested it had violated any of Microsoft's patents). Just a big Fortune interview, a few grenades launched, and then absolutely nothing beyond continued bursts of FUD.

... Read more
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About The Open Road

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to the Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is general manager of the Americas division and vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

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