Posted on February 27, 2009 in IP by Brian RoweView Comments


For those of you that are IP junkies with a need for another good IP blog check out IP in the Digital Age it is the public class blog for CPSC 182 over at Yale and has some great post already. Here are a few recent posts:

Music distribution models or, how much is a music file worth, anyway?
- A music distribution business model may emerge that is both profitable and fair for creators, users, and creator-users. Distributors, record labels, and the public are in dialogue through market …

P2P and the Entertainment Industry: A New Beginning?
-   As time passes and new technology develops, law must also change to take into account the dynamic conditions it regulates. As was seen in the Sony v. Universal (1984) case, each generation of…

Secondary Liability and the RIAA’s Lawsuits (or, how Grokster got everybody sued)
- Obviously, the biggest issue in the news right now is The Pirate Bay, and their ongoing trial in Sweden.  But I’ll leave that topic for someone else, and instead offer up my thoughts on Grokster’…

eBay’s VeRO: Safe Harbor at What Expense?
Earlier today, I was reading a post on Professor Lessig’s blog about a new law in New Zealand that compels ISPs to terminate someone’s internet service if they are simply accused of cop…

I wish more classes would commit to sharing the knowledge.

Unfortunately most law schools including Seattle University Law keep all their class forums in Westlaw’s TWEN system which is rubbish.  It is closed to the public, has poor usability and only works as free advertising for closed access legal research.  My copyright class last semester had a great discussion on the Harry Potter RDR case that will never see the light of day. Using TWEN is like screaming into a void.

Posted on February 18, 2009 in Fair Use by Brian RoweComments Off


On Lessig’s blog: “As mentioned, the Fair Use Project at Stanford’s CIS is representing Shepard Fairey in his suit against the AP. To that end, we’d be grateful for some net-based knowledge. How many photos are there ‘like’ the beautiful photograph that Mannie Garcia took (the one on the left; the one on the right is a CC licensed photo taken by Steve Jurvetson)? Can you send any examples to [email protected]?”

Crowd-sourcing a “fair use” case

BoingBoing also has 40 comments already on this request

Posted on February 18, 2009 in Patent by Brian RoweComments Off


Teaching Assistant positions are still avalible for the 2009 CASRIP Summer Institute July 16-31, 2009.   I know several people who have TA’ed and CASRIP it is a great way to improve your IP skillz and meet other IP geeks from around the world.

Here is more about CASRIP:

The CASRIP Summer Institute offers education and training in the fundamentals of intellectual property law with a focus on comparative patent law and technology protection.  The Summer Institute provides attorneys, engineers, patent agents, and licensing department staff with a concise and reasonably priced means of acquiring an understanding of U.S. intellectual property law and practice.  Because Summer Institute participants typically come from Japan, Korea, Europe and elsewhere, there are unique opportunities for networking with international practitioners of intellectual property law.

Responsibilities include

  • Preparing for class and meeting with a pre-assigned group of Institute participants to instruct them on the day’s material
  • Attending all lectures
  • Preparing notes from the lectures
  • Assisting with miscellaneous tasks necessary to prepare for the Summer Institute (e.g. greeting participants, setting out lunches, handing out conference materials, etc.)

Benefits include:

  • Attending the CASRIP Summer Institute and High Technology Summit free of charge ($5,500 tuition waiver)
  • A $500 stipend
  • Opportunities to meet and network with local and international IP attorneys, business people, scholars and practitioners
  • Invitation to social events including receptions hosted by local law firms and a Mariner’s game

If you are interested in applying to become a CASRIP Summer Institute Teaching Assistant, please submit a cover letter, resume and letter of recommendation

To: Signe Naeve

By: February 27, 2009 ( new deadline). February 25th 2009! (Edited: February 19th)

Applicants may leave materials in her mail box University of Washington or send them to:

Signe Naeve
William Gates Hall
Box 353020, Seattle, WA 98195-3020

Please address any questions you may have to Ms. Naeve at bruns <at>

Note: the curriculum is a bit on the protectionist side of things, from what I have heard.  This is not an FC project, but it might be a good place to share an FC philosophy.  Naeve is open to hearing other perspectives, she was my copyright professor last fall and let us have some very interesting discussions in class.

Posted on February 18, 2009 in IP, OLPC by Brian RoweComments Off


This is a great opportunity for anyone interested in technology and making a real impact in developing nations.  Here are the details:

Volunteer to be part of an unforgettable travel and learning experience by participating in the OLPC International Internship program.

At OLPC, our interns will be active members of our innovative 1:1 laptop learning project and an important part of the on the ground support system. OLPC summer internships run for 10 weeks (June until early August) and are full-time commitments. Interns will work closely with a local implementation team comprised of teachers, technical professionals, government officials and members of the OLPC learning group.

If you are an undergraduate or graduate student with an interest in education, technology or capacity building, our internship will provide you with invaluable hands-on experience.

Interns will:
• travel to one of the selected countries for 10 weeks: 1-week orientation and 9 weeks at a community site in either Peru, Uruguay or Rwanda.
• support an interactive English language learning program
• help children learn by designing and constructing their own software projects
• receive an XO laptop
• participate in online activities/training with OLPC employees
• participate in a wrap-up and celebratory session

• Passport
• Immunizations
• Proficiency in the Spanish language for internships in Peru or Uruguay

How to apply:
Please send a cover letter and resume to: Nia Lewis[email protected]
Applications must be received by February 28, 2009
For more information on OLPC please visit our website at

This is an unpaid internship position designed to increase OLPC’s impact.  We encourage applicants to apply for funding through their university. OLPC does offer a limited number of stipends for those with financial need. If you are in need of funding please contact Nia Lewis, [email protected]

This might also be a good opportunity for someone from the FC community to voice concerns FC concerns from the inside.  FC has been very dedicated to OLPC and feels a little abandoned by some of the recent software choices.  I have found that when I give time to an org they are more willing to listen because they can see that I care about the good work they are doing.

Posted on February 12, 2009 in IP by Brian RoweComments Off


The February 14th edition of Mind Over Matters on KEXP hosted by Mike McCormick (7.30 am) Includes Steven Reisler a local attorney from the National Lawyers Guild, and Brian Rowe talking about the upcoming Law of the Commons Seminar.

Posted on February 11, 2009 in IP by Brian RoweComments Off
This was just posed on JDSUPRA by Tamera Bennett of Bennett Law Office, PC

Filing Date: 2/9/2009

SUMMARY: Visual artist Shepard Fairey created what has become known as the “Hope Obamacon.” Fairy used a picture of President Obama and created an abstracted graphic rendition of President Obama gazing up and to the viewer’s right, colored in a palette of red, white, and blue with the word HOPE.

The photo that is the basis of Fairey’s work was taken by an A.P. freelance photographer, Mannie Garcia.

A.P. claims they own the copyright in the photo, Mr. Garcia claims he owns the copyright in the photo, and Fairey is claiming there has been no infringement based upon “fair use” … stating a transformation from the photo to the final product.

The filing is well worth reading here is the relief Fairey is looking for:
1. Declaring that Fairey’s Obama Works do not infringe any copyrights held by the AP;
2. Declaring that Fairey’s use of the Garcia Photograph as a visual reference in creating the Obama Works is privileged under, and protected by, the Fair Use Doctrine;
3. Enjoining the AP, its agents, attorneys, and assigns from asserting copyrights against Fairey or Obey Giant in connection with any of the Obama Works;
4. Enjoining the AP, its agents, attorneys, and assigns from asserting copyrights against any third party (including but not limited to the Smithsonian Institution and the Institute for Contemporary Art / Boston) that possesses, reproduces, distributes or displays any of the Obama Works;
5. Awarding Fairey and Obey Giant their reasonable attorneys’ fees and costs; and
6. Awarding any other relief the Court deems just and proper.

Posted on February 10, 2009 in IP by Brian RoweComments Off


The CMLP is working on creating a network of pro bono attorneys to support new media projects and needs a fellow / staff attorney to help establish the program.  Here is more from CMLP’s job posting:

The Citizen Media Law Project at Harvard University’s Berkman Center for Internet & Society is looking to hire a Staff Attorney/Resident Fellow to assist with the development of a pro bono network of media lawyers and law school clinics to support online journalism and new media startups.

The position requires a Juris Doctor degree with admission to at least one state bar (and eligibility for admission on motion to the Massachusetts bar if you’re not a Massachusetts lawyer) and a minimum of 3 years of legal-practice experience with a significant Internet, intellectual property, or media law focus.

With Google entering settlements, like the book settlement that are not conducive to competitors, project like this are essential for ensuring that start-up’s can compete.

Posted on February 9, 2009 in IP by Brian RoweComments Off

Two weeks ago I blogged from the Google Book Settlement talk at Seattle University Law.  In the post talk discussion the idea of a digital library of Alexandria came up several times. Many people I talked to were not ware of current project going on the create this type of access to knowledge. Here is a little more on the topic for people that are interested:

2002 article from Business Week focusing on Brewster Kahle and his attempt to create a digital library of Alexandria.

Also Check out the Internet Archive’s site; the way back machine is my favorite part of the site it lets you see old versions of almost any website.

Take Away: The only barrier to a Digital Library of Alexandria is copyright laws. 

Posted on February 2, 2009 in IP by Brian RoweComments Off

The Official website for The Law of the Commons Seminar is over at the NLG website.  This is a list of any press or blog coverage of the event.  I will updating the press page before and after the event with any press and comments.  If you see something that I have missed feel free to leave a link in the comments.  I will migrate this list to the wiki before the Seminar starts.

Electronic Frontier Foundation’s Events calendar:

Copyright or Wrong® The Jefferson Coulter Blog: Copyright Law and Policy – Blog post with a few thoughts from the author a Seattle Area IP Attorney

Open Missoula .org

Updated: 2-6-08