across the bar

YouTube under fire again

by Steve - Posted 09 May 2007

The English Premier League and an independent music publisher has joined media giant Viacom in suing YouTube for copyright infringement resulting from games and music being uploaded by users without permission. The Plaintiff's have claimed unspecified damages from YouTube and all profits gained from their use of the infringing material. The same DMCA and fair use arguments will probably be used in defending the matter, hopefully increasing the chance of a precedent being handed down on these contentious areas of copyright law.

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EU Safe Harbour for ICT conduits may get dredged

by Steve - Posted 27 March 2007

In the wake of the billion $ lawsuit brought by Viacom against Youtube in the States, and the crucial question as to whether Youtube should be doing more to prevent and remove copyright infringing material posted to its website, the EU is looking at a draft law to criminalise aiding and abetting or incitement to infringe copyright-protected music, software and movies.

The draft law will effectively pass the onus onto video and file sharing sites like Youtube to take more steps to prevent infringing behaviour by users. The current position is that the onus is on the copyright owner to police infringements and to notify the site operator of unlawful behavior. Only if the site operator refuses to take down infringing material after receiving notice from the copyright owner will it be held liable.

In the Viacom case, Viacom have alleged that it is almost impossible for them to police the Youtube site effectively and that even when infringing materials are located and taken down, the user simply alters a few frames and uploads a new version which still infringes the copyright in the protected work but in new ways. Viacom believe that Youtube's owners can take further reasonable steps to prevent this.  

The draft law has been met with strong criticism from across the ICT industry in the EU.        

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UK Appeal Court rules no protection in general ideas behind computer games

by Steve - Posted 26 March 2007

The UK Appeal Court in the case of Nova Productions v Mazooma Games has ruled that the idea of a pulsating power bar used in a pool simulation computer game and other general ideas and structures behind Nova's game "Pocket Money" could be copied. See full report and copy of the ruling at http://www.out-law.com/page-7896

The case again highlights that copyright law, whether in the UK or SA, does not generally protect ideas.

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Cybersquatting on the up

by Steve - Posted 13 March 2007

As SA's new Alternative Dispute Resolution procedure for domain name disputes takes shape, WIPO, the international agency that  deals with top level domain name disputes, has reported that complaints of cybersquatting rose by 25% in 2006. Cybersquatting usually involves the abusive registration of someone elses trade mark as a domain name.

The report also states that the WIPO panel decided for the trade mark owners in almost 84% of cases. This seems to add merit to some of the criticisms of the panel that it favours big business in disputes. 

Full report:  www.siliconvalley.com/mld/siliconvalley/news/editorial/16888915.htm

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The trials and tribulations of taking technology to market

by Steve - Posted 08 May 2006

Big-up to CITI for hosting a very interesting listening breakfast this morning on some of the issues around commercially exploiting technology ideas and products.

The 2 speakers were at different stages of their business cycles but both have been successful in creating a culture which recognises the value of Intellectual Property and have taken steps to manage and protect their IP assets. They are now geared to reap the rewards.

They also spoke about the dangers of focusing too heavily on technology development and less on the channels that will get that technology into the market. If you don't have the skill set to confidently deal with all these issues, get help from trusted partners who have a track record in the areas you are found wanting. 

CITI have a number of great programs on at the moment  to help emerging ICT companies take their business to the next level. If you feel like you are treading water and not getting to the place you originally set out for, get onto one of these programs.

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IP - You've got to name it to claim it

by Steve - Posted 06 April 2006

A lot of entrepeneurs and companies are sitting on invisible goldmines in their businesses in the form of untapped intellectual property assets. But unless you are a lawyer, it is not always easy to identify these assets. Here is a quick list to stimulate the thinking:

Patents    (innovations in products, services, manufacturing methods)

-     registered
-    registerable     

Designs   (aesthetic and functional)

-     product line
-    manufactured items
-    electrical circuits

Trade marks  (business identifiers)

-    registered (national and international)

-    unregistered (common law)

            -    product names and configurations
            -    packaging
            -    advertising slogans, jingles and taglines
            -    icons, logos, graphics
            -    shortened names / nicknames (Woolies)
            -    domain names
            -    0800 numbers

Trade secrets    (Any information that you don't want your competitors to know)

-   customer lists
-   supplier / vendor lists
-   product information / specifications
-   new services
-   recipes
-   formulas
-   unique business methods
-   marketing or sales strategies  

Copyrightable stuff

-    artwork
-   decor
-   photos
-   computer programs
-   databases
-   text
-   manuals (operational, marketing)
-   advertising
-   promotional material
-   trade show / customer presentations
-   web pages   

Since it is easter - happy hunting!

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New Ruling on Copyright in Software

by Steve - Posted 03 April 2006

The recent judgment in the Supreme Court of Appeal in the Haupt / Brewers Marketing Intelligence (Pty) Ltd matter has cleared up some important issues in copyright in software. See our article.

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5 reasons why we should be thinking more about IP

by Steve - Posted 26 March 2006

1)         It bolsters the economy

Intellectual property rights (IPR) are associated with greater trade and direct foreign investment into our country which translates directly into more jobs and economic growth.

In the US, 50% of exports are IPR related vs 10% 50 years ago.

2)         It is vital to important industries like health care, agriculture and communications

Advances in these industries would not be possible without strong IP support and protection. For example, pharmaceutical companies that cannot earn a sufficient return on investment for new drugs or health products will take their products elsewhere. There goes the next cure for breast cancer!

3)         It halts the brain drain

South Africa's best and brightest are leaving our shores to greener pastures which offer them more lucrative opportunities. Amongst them are intellectually and artistically gifted people who believe their creative hard work will be better rewarded and protected in other countries. If we have a good system for IP protection, many of these people will stay and earn their living in SA.

4)         It offers us all the gadgets and gizmos we crave

Consumers also have an insatiable thirst for new products. Without proper IP protection, the supply of new inventions, technological breakthroughs and ideas would dry up.

5)         It inspires musos, authors and artists to create

Creative people cannot rely on locks, safes and fences to protect their hours of creative effort. The Afrikaans music scene in SA is under serious threat because of IP infringements. While many of us won't miss Steve and Amor, they are an integral part of SA's culture and their work needs to be protected and preserved.

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Why do businesses need to protect their IP?

by Steve - Posted 26 March 2006

In today's environment, we are dealing in intangibles. An innovative and dynamic business no longer owes its wealth to its physical assets. The rules of the game have changed and the new sources of wealth and business success are largely invisible!

These new sources of wealth in your business include:

- Intellectual capital  -  knowledge truly is power - yours, your employees and what you learn from your customers every day

- Human capital - your people are all temps who decide where and who to contract their heads and hearts to each day

- Social capital - it's definitely who you know   

All of these things make up your company's Intellectual Property or IP. The real value in all this IP is the way that it can be integrated into your overall business strategy. The wise modern business uses IP to market itself, make its products and services better, to retain hot talent and to make it more competitive long into the future. 

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Some practical tips for protecting your IP

by Steve - Posted 26 July 2005

1.   Keep clear and accurate records of the date the IP was created; who created it; when was it first used / marketed / published; and if registered, date of registration.

2.    Gather all evidence you can about when your IP was created and proof that it is being used (press cuttings, adverts, letters to investors etc.).

3.  Use your IP as often as possible and ensure that it remains consistent. The more exposure it gets, the easier it is to prove reputation.  

4.   Monitor the market and be on the lookout for potential infringers. There are independent watchdog bodies that provide monitoring services around the globe if you don't have the time or resources to do this yourself.

5.   If you detect infringements, take action immediately. By not doing anything, you could be consenting to the loss or dilution of your IP rights.  

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