Category Archives: Information Technology

Who carries your Web 2.0 banner?

What’s at stake when you let others step in your online footprint? Goodwill has to do with the perception of your enterprise, and liability has to do with getting into real legal trouble. How are they connected by this Web 2.0 stuff? … Being obnoxious, opinionated, or siding with one side of a contentious debate will not likely create more than a bad taste in the reader’s mouth. Being wrong, when you carry a banner of knowing better, can create a problem. Continue reading

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Laws for the Virtual Universe

What if virtual worlds, no matter their purposes, narratives, unique details, and other variations, could be linked? What if they had borders between them, keeping the right stuff in its place, but in other ways being permeable? Continue reading

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Richard Stallman came to Vancouver, and I upset him

Richard Stallman was in Vancouver two weeks ago. He performed, if I may describe his lectures like that, three times; I caught the first. I asked Stallman a question after it was over, and thoroughly annoyed him. I know that I annoyed him because he grew flustered, stamped his feet, turned away from me to the rest of the crowd and yelled at me. Continue reading

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Does WOM or Social Network Marketing Create Agency?

With WOM and social network marketing, we move from getting people to wear branded clothing to transforming them into fans banding together to pontificate, not on the merits of your product, but on the social imperative of being a fan of the brand. … We do have something that looks a lot like agency… Once you let someone use the stuff you’re supposed to be protecting, and you let them use it to an extent that gives them a fair bit of potential power because of the near-instantaneous and viral nature of the networks used, you’re actually handing over some pretty hefty reins. Continue reading

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What would you call open-source marketing?

Instead of tightening your grip on intellectual property (mostly trade-mark with a healthy dose of copyright and some neighbouring rights) and then hoping for royalties, the group doing the marketing attempts to engineer a type of personality cult for the brand. … What I’m talking about is tying differences (real or created) to cultural phenomena, and then grabbing hold of those phenomena and driving from that end; the product becomes a tag-along to those cultural memes. Continue reading

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EU suggests reason and logic behind ACTA

According to the EU, ACTA will ignore “infringing goods [that] are not part of large scale traffic.” ACTA will also not force already taxed enforcement officers “to look for a couple of pirated songs on an i-Pod music player…” Continue reading

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New ways of looking at video game IP

This is where we tread the line between copyright and patent – between creative work and invention – that has plagued software intellectual property protection for a very long time. The game bears enough in common with its paper-and-dice ancestors to merit some form of patent consideration; yet the invention here is in fact a platform for storytelling – a tool to inspire and facilitate the creation of content by its users. Continue reading

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Software IP and Games – which model applies?

At the moment, video games, because they are software, are covered by copyright.  But traditionally, games were covered by patent. Hmm.  I’ve argued before that software should be sui generis, governed by a hybrid model of patent and copyright: The … Continue reading

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Are there benefits to “piracy”?

The pro-copyright lobby groups would have you believe that all unauthorized reproduction (and distribution), colloquially known (inaccurately) as piracy, is horrid for the industries concerned, and is destroying them. Many say that unauthorized copying actually benefits the concerned industries. Do you think this is true? If so, which industry benefits the most? I’ve created a poll and I would like you to let me know what you think. Feel free to comment to this post. Continue reading

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Alternatives to C-61, part II

Here’s the rest of that post: GOALS The goal of any legislation is to balance concerns of interested but competing parties, and to approach this balance, as much as possible, with a public interest bias. The concerns were these:

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