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Lawyers & Their Uneasy View of Big Data
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Re: Big Data = Bigger Concerns with Intellectual Property Rights
  • 1/5/2015 1:50:31 PM
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..

Broadway writes


But like copyright law, we cannot do without IP. Sadly, human beings are driven by the profit motive or a competitive streak, and the essence of IP is to inspire and protect those motivations.


 

I fully realize that some humans are also driven by greed, avarice, and an impulse to mooch and filch ... so I'm actually not trying to summon a magician, fairy, or visitor from Andromeda to conjure away the entire fabric of IP rights, copyrights, patents, etc. in the current context. I would like to replace the "current context" with something far better, however ... but that would lead to a political science discussion way off-topic.

 

Re: Big Data = Bigger Concerns with Intellectual Property Rights
  • 1/5/2015 10:01:01 AM
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@Broadway. I agree that patent reform is important, but all we've seen is patchwork designed to limit the more frivolous suits and applications. Patent law is no longer something to be used primarily to protect innovation but as a lever to stop fair competition, or to extort cash from innocents. At some point we need to give judges the authority to tell patent holders that no, their suit isn't going forward because the patent that they claim to hold never has and never will be pursued with products in the commercial world. Or to order a stop to the back and forth between Samsung and Apple over things like the very general shape of a mobile device.

Who wins in all this besides the patent trolls? Oh, the lawyers.

Re: Big Data = Bigger Concerns with Intellectual Property Rights
  • 1/4/2015 9:35:28 PM
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lyndon, I suppose it's the case of a good system gone awry. It is a system that can be abused and manipulated, so reforms are in order. But like copyright law, we cannot do without IP. Sadly, human beings are driven by the profit motive or a competitive streak, and the essence of IP is to inspire and protect those motivations.

Re: Big Data = Bigger Concerns with Intellectual Property Rights
  • 1/4/2015 4:14:20 PM
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..

Broadway asks


@lyndon, why don't you feel IP has any validitity? Is it a result of the digital, hackable world we live in? Or do you have deeper intellectual disagreement with intellectual property?


 

Deeper intellectual disagreement. I feel the concept has become an impediment to the free flow of information and cultural achievement and an obstacle to human progress — not the facilitator it was supposedly intended to be.

 

Re: Big Data = Bigger Concerns with Intellectual Property Rights
  • 12/28/2014 11:42:55 PM
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@lyndon, why don't you feel IP has any validitity? Is it a result of the digital, hackable world we live in? Or do you have deeper intellectual disagreement with intellectual property?

Re: Big Data = Bigger Concerns with Intellectual Property Rights
  • 12/28/2014 4:03:23 PM
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..

Seems to me that "intellectual property rights" (a concept whose ultimate validity I reject) is smack on a collision course with the tsunami of privacy eradication. All indications point to a world where privacy is impossible to maintain, and this would include the sancitity of BI privacy and "intellectual property". Enough to keep the lawyers engaged on the fields of Armageddon for some time to come...

 

Re: Change
  • 12/21/2014 7:01:21 AM
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Bulk, true. It can get tough for judges and lawyers to differentiate a precedent judgement that is connected on the basis of principals (which don't change) and other that is connected based on the type of technology (which changes every few months).

Re: Change
  • 11/30/2014 11:15:47 PM
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I think that is a great idea to not be able to extend for long periods, then problem with tech cases is that even a quick judgment can be outdated. So in some cases new advancements can be hampered by a judgment that is intended for other technology.

Re: Change
  • 11/30/2014 11:14:40 PM
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As well as time for behavior to conflict with laws and regulations.   I am glad that the supreme court took a look at phone searches during an arrest, but it may still be some time before an extreme example of criminal phone usage highlights any flaws in the legal decision.

Measuring the risk and reward
  • 11/30/2014 11:12:28 PM
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I have always fund it best to include my legal partners early in any discussion, getting too far down the path without understanding potential legal red flags is a waste a of time for everyone involved. Taking calculated risks is really the answer we can't be fully protected all the time but we can mitigate the risk appropriate and still achieve our goals.

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