@pchestek@fosstodon.org avatar

pchestek

@pchestek@fosstodon.org

In private practice. North Carolina Certified Specialist in Trademark Law, Board member of OSI. Opinions are my own. #Fedora #BeefyMiracle

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pchestek, to random
@pchestek@fosstodon.org avatar

"The whales have not responded to requests for comment."
https://boingboing.net/2024/05/14/whales-attack-and-sink-a-yacht.html

luis_in_brief, (edited ) to random
@luis_in_brief@social.coop avatar

I was introduced last week to the concept of an “accountability sink”; a structural technique for saying “the rules/tools/processes made me do it” and therefore avoiding accountability. They aren’t universally bad but booooy is AI going to create a lot of them in bad places, like (checks notes) killing civilians.
https://kolektiva.social/@danmcquillan/112377379849654399

pchestek,
@pchestek@fosstodon.org avatar

@luis_in_brief Funny, I would call that "the in-house legal department."

pchestek, to random
@pchestek@fosstodon.org avatar

The EU imperative to a free public domain: The case of Italian cultural heritage
https://copyrightblog.kluweriplaw.com/2024/04/29/the-eu-imperative-to-a-free-public-domain-the-case-of-italian-cultural-heritage/

pchestek, to random
@pchestek@fosstodon.org avatar

Pam just STFU

annmlipton, to random
@annmlipton@esq.social avatar

It's bizarre reading about the oral argument. The court's upset that Uber wasn't more clear about the contractual terms, but Uber argues - correctly - no one would read them no matter what Uber did. That's kinda the point. As lots of contracts scholars have written -

https://news.bloomberglaw.com/us-law-week/ubers-consumer-contract-faces-hostile-massachusetts-high-court

pchestek,
@pchestek@fosstodon.org avatar

@luis_in_brief @annmlipton @jtlg Is it time yet to legislate what a company cannot do in Terms of Service (like take away your right to hold them liable for wrongdoing)?

luis_in_brief, to random
@luis_in_brief@social.coop avatar

This is a motion for summary judgment, so the courts are construing everything they can in favor of @conservancy. Nevertheless the language is pretty strikingly clear, and quite unhedged by the standards of this sort of document.

If this holds on (inevitable) appeal it is a Very Big Deal for the embedded industry and for any communities in the Venn diagram of “used in embedded and with the human capacity to comb through source dumps from vendors”. https://fosstodon.org/@pchestek/111693765460870279

pchestek,
@pchestek@fosstodon.org avatar

@luis_in_brief @conservancy To be entirely accurate, summary adjudication. It's only for an issue, not dispositive of the whole case

pchestek, to random
@pchestek@fosstodon.org avatar

This is HUGE - Judge dismisses Vizio's call for summary judgment
https://sfconservancy.org/news/2024/jan/03/vizio-sj-rejected/

luis_in_brief, to random
@luis_in_brief@social.coop avatar

Allright nerds: your challenge, today: when, exactly, does a copyright expiration go into effect? Curveball: Puerto Rico is an hour ahead of DC. Relevance: this is not entirely hypothetical and I guarantee anyone nerdy enough to figure this out on a Saturday will be tickled when I DM you why.

(I have looked at CRS but not yet dived into caselaw.)

CC @marklemley @richardfontana @pchestek https://social.coop/

pchestek,
@pchestek@fosstodon.org avatar

@luis_in_brief @marklemley @richardfontana I would go with the time zone of the situs of the infringing act. If I draw Steamboat Willie at 11:59 it's infringing, at 12:01 it's a non-infringing reproduction

pchestek,
@pchestek@fosstodon.org avatar

@luis_in_brief @marklemley @richardfontana What's the infringing act? Reproduction, distribution, creating a derivative work, displaying, performing? It an act that happens somewhere. The act of uploading a copy to the server is reproduction, so that happens when I upload it. The act of display happens when someone views it somewhere (and we can also discuss whether the act of viewing a webpage is an infringement of the display right or reproduction right)

pchestek,
@pchestek@fosstodon.org avatar

@luis_in_brief @marklemley @richardfontana I would go with midnight at Peaked Island, AK. https://en.wikipedia.org/wiki/List_of_extreme_points_of_the_United_States#Westernmost_points

pchestek,
@pchestek@fosstodon.org avatar

@luis_in_brief @marklemley @richardfontana I don't think so, the CO doesn't really have anything to do with it

pchestek,
@pchestek@fosstodon.org avatar

@downey @luis_in_brief @marklemley @richardfontana Hmmm. The word problem was "American" but I think it has to be infringing under US law. So we have to think about extraterritorial application of US copyright law

pchestek, to random
@pchestek@fosstodon.org avatar

@luis_in_brief Sorry if you answered this, but did you control for the number of members of the list?

pchestek,
@pchestek@fosstodon.org avatar

@luis_in_brief My suspicion is that it's going up, or that seems to be the case whenever I look at it. It would be even more fascinating if a drop-off in participation was accompanying a rise in members

pchestek,
@pchestek@fosstodon.org avatar

@luis_in_brief I wonder if there are any statistics on lurkers vs. active participants in general. I am on a very active TM list that is a paragon. It's impeccably professional and been going for at least 20 years. IMO it has succeeded because the beloved moderator cracks down in a heartbeat, bans people without hesitation (it's his list! no democracy), and the list has always been largely only lawyers, even tho it's an open list. I'd love to know how many lurkers but the membership isn't public

pchestek, to random
@pchestek@fosstodon.org avatar

I wonder how some lawyers live with themselves

pchestek, to random
@pchestek@fosstodon.org avatar

Public Domain Day 2024 is Coming: Here’s What to Know https://copyrightlately.com/public-domain-day-2024/?utm_source=feedly&utm_medium=rss&utm_campaign=public-domain-day-2024

pchestek, to random
@pchestek@fosstodon.org avatar

What did I do to deserve racy T-shirt ads

pchestek, to random
@pchestek@fosstodon.org avatar

100% support this. Don't call the GPL with further restrictions a "GNU" license or "GPL." It isn't.
Protecting free software against confusing additional restrictions
http://www.fsf.org/blogs/licensing/protecting-free-software-against-confusing-additional-restrictions

jeffowski, to random
@jeffowski@mastodon.world avatar

pchestek,
@pchestek@fosstodon.org avatar

@siderea @jeffowski I had my insurance company call me numerous times (even after asking them to stop) to offer me tools to help with depression. My diagnosis was not depression. I was appalled, how dare they suggest they know better than my therapist what the appropriate treatment was. I have no doubt it was to try to get me to stop therapy with cheaper alternatives for them

larsmb, to opensource
@larsmb@mastodon.online avatar

Have you seen a Contributor License Agreement (CLA) that's made to a single commercial entity (so foundations or non-profits excluded) that does not reserve the right to sub-/dual-/re-license on their part unilaterally? (Where?)

Or: have there been legally binding restrictions on the licenses that they might choose?

(Please boost for reach.)

pchestek,
@pchestek@fosstodon.org avatar

@larsmb None I'm aware of, curious what you find

pchestek, to random
@pchestek@fosstodon.org avatar

To trust AI, it must be open and transparent. Period.
https://blog.opensource.org/to-trust-ai-it-must-be-open-and-transparent-period/

pchestek, to random
@pchestek@fosstodon.org avatar

Diverse Open Source uses highlight need for precision in Cyber Resilience Act
https://blog.opensource.org/diverse-open-source-uses-highlight-need-for-precision-in-cyber-resilience-act/

pchestek, to random
@pchestek@fosstodon.org avatar

Is it not true that you no longer have to submit a copy of your work to the to register it. The decision involved a section of the Copyright Act that doesn't have anything to do with registration, but rather is about giving copies of works to the Library of Congress for their collection gratis.

pchestek, to random
@pchestek@fosstodon.org avatar

I think we need classes on how to redline. Is it me, or are they wildly confusing when everyone isn't following the same practices on them?

pchestek,
@pchestek@fosstodon.org avatar

@luis_in_brief It seems a little condescending? Instead I just run a comparison and we do another round to fix their mistakes

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