Copyright Lawyers vs Patent Lawyers Smackdown: And The Winner Is…

from the when's-the-rematch? dept

You may remember a rather wonderful court case from 2012 that pitted copyright lawyers against patent lawyers over the issue of whether submitting journal articles as part of the patenting process was fair use. Well, we now have the judge’s decision, as GigaOm reports:

US Magistrate Judge Jeffrey Keyes sided with the patent lawyers, ruling that the reason they made unlicensed copies of the articles was to comply with the law for submitting applications to the patent office — and not to compete within the market for scientific journals.

As we noted last year, in a surprising move, the USPTO had already thrown its weight behind the idea that copies of scientific articles submitted as part of the patent application were indeed fair use. That left the separate question of whether the patent lawyers’ copies used internally were similarly covered:

“These are not the acts of a ‘chiseler,'” Keyes ruled at the conclusion of a four-part fair-use analysis, noting that the patent lawyers’ use of the work was transformative and did not impinge on the original market for scholarly journals.

The GigaOm story points out that this is good news for fans of fair use, which means it probably won’t go down too well with those who think it’s a solution in search of a problem. Doubtless, that group will be hoping for an appeal….

Follow me @glynmoody on Twitter or identi.ca, and on Google+

Filed Under: , , , ,

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Copyright Lawyers vs Patent Lawyers Smackdown: And The Winner Is…”

Subscribe: RSS Leave a comment
15 Comments
DannyBsays:

Re: Winners in an IP battle

There are no winners in these battles.
Everyone loses.

There ARE potential winners in this IP battle.

If it is fair use to use journal articles to invalidate patents, we all win. Both on the copyright front and the patent front. In this outcome, everyone wins (except the whiners – see below).

If it is not fair use to use journal articles in this way, then we all lose twofold: (1) it is a blow to fair use, (2) patents might be granted that should not be granted, and/or it is more expensive to invalidate patents that never should have been granted. In this outcome, the whiners win.

While we may or may not be winners in this IP battle, there are WHINERS in every IP battle: the maximalists.

out_of_the_bluesays:

I agree: "not the acts of a 'chiseler,'"

“Chiseler” is a synonym for “grifter”, but implies mere cheating with some shoddy yet real product, while grifting such as mega.co.nz does is total theft.

Minion is trumpeting the minor victory that if applying for a patent, you CAN copy entire scientific articles as “fair use”! — I doubt anyone in evil Hollywood cares. — Now, don’t run wild with “fair use”, kids! Does not mean ripping DVDs of recent movies to post on Mega is any more legal than before.


Where arrogance meets ignorance to conspire what they’ll do with someone else’s 100 million dollar movie.

Greevarsays:

Re: I agree: "not the acts of a 'chiseler,'"

If you took this attitude and level of behavior to a forum in person, your poor discourse would get you a slap in the face or kicked out. Be grateful that TechDirt doesn’t ban people. Any other community would have given you the boot for being a negative, disruptive menace. And, for that, you don’t deserve to be here, but you’re lucky Mike is the kind of guy that lets you come here to insult him and his community day-after-day.

You call people that make use of copyrighted works “grifters” and, before that, “thieves” (I do believe that’s called, “special pleading”, a.k.a. “moving the goalpost” and a bit of distinction without a difference). Yet, the reality is, that you and those that think as you do are the real crooks. You draw from the well of common culture to build your “properties” and contribute nothing back to that well for others to build with. So the well that exists becomes stale and over-utilized with nothing available to refresh the supply. You have to be one pompous ass to use shared resources, claim ownership over the transformation of it, and call others “thieves” for doing the same to “your” works. You disgust me you arrogant hypocrite. I wish I had an option to ignore you.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...
Older Stuff
13:40 It's Great That Winnie The Pooh Is In The Public Domain; But He Should Have Been Free In 1982 (Or Earlier) (35)
12:06 Norton 360 Now Comes With Crypto Mining Capabilities And Sketchy Removal Process (28)
10:45 Chinese Government Dragnet Now Folding In American Social Media Platforms To Silence Dissent (14)
10:40 Daily Deal: The 2022 Ultimate Cybersecurity Analyst Preparation Bundle (0)
09:29 A Fight Between Facebook And The British Medical Journal Highlights The Difficulty Of Moderating 'Medical Misinformation' (9)
06:29 Court Ruling Paves The Way For Better, More Reliable Wi-Fi (4)
20:12 Eighth Circuit (Again) Says There's Nothing Wrong With Detaining Innocent Minors At Gunpoint (15)
15:48 China's Regulatory War On Its Gaming Industry Racks Up 14k Casualties (10)
13:31 Chinese Government Fines Local Car Dealerships For Surveilling While Not Being The Government (5)
12:08 Eric Clapton Pretends To Regret The Decision To Sue Random German Woman Who Listed A Bootleg Of One Of His CDs On Ebay (29)
10:44 ICE Is So Toxic That The DHS's Investigative Wing Is Asking To Be Completely Separated From It (29)
10:39 Daily Deal: The 2022 Complete Raspberry Pi And Arduino Developer Bundle (0)
09:31 Google Blocked An Article About Police From The Intercept... Because The Title Included A Phrase That Was Also A Movie Title (24)
06:22 Wireless Carriers Balk At FAA Demand For 5G Deployment Delays Amid Shaky Safety Concerns (16)
19:53 Tenth Circuit Denies Qualified Immunity To Social Worker Who Fabricated A Mother's Confession Of Child Abuse (35)
15:39 Sci-Hub's Creator Thinks Academic Publishers, Not Her Site, Are The Real Threat To Science, And Says: 'Any Law Against Knowledge Is Fundamentally Unjust' (34)
13:32 Federal Court Tells Proud Boys Defendants That Raiding The Capitol Building Isn't Covered By The First Amendment (25)
12:14 US Courts Realizing They Have A Judge Alan Albright Sized Problem In Waco (17)
10:44 Boston Police Department Used Forfeiture Funds To Hide Purchase Of Surveillance Tech From City Reps (16)
10:39 Daily Deal: The Ultimate Microsoft Excel Training Bundle (0)
09:20 NY Senator Proposes Ridiculously Unconstitutional Social Media Law That Is The Mirror Opposite Of Equally Unconstitutional Laws In Florida & Texas (25)
06:12 Telecom Monopolies Are Exploiting Crappy U.S. Broadband Maps To Block Community Broadband Grant Requests (7)
12:00 Funniest/Most Insightful Comments Of 2021 At Techdirt (17)
10:00 Gaming Like It's 1926: Join The Fourth Annual Public Domain Game Jam (6)
09:00 New Year's Message: The Arc Of The Moral Universe Is A Twisty Path (33)
19:39 DHS, ICE Begin Body Camera Pilot Program With Surprisingly Good Policies In Place (7)
15:29 Remembering Techdirt Contributors Sherwin And Elliot (1)
13:32 DC Metro PD's Powerful Review Panel Keeps Giving Bad Cops Their Jobs Back (6)
12:11 Missouri Governor Still Expects Journalists To Be Prosecuted For Showing How His Admin Leaked Teacher Social Security Numbers (39)
10:48 Oversight Board Overturning Instagram Takedown Of Ayahuasca Post Demonstrates The Impossibility Of Content Moderation (10)
More arrow
This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it