Tag Archives: contract

The iBooks Author EULA does not create an exclusive license, and doesn’t steal your copyright

This is a follow up to my previous post on the iBooks Author End User License Agreement (EULA) and what it actually means. Rather than posting an update to that post, I decided to follow it up with a simple breakdown of why all of the people who believe the EULA takes away (or tries

The iBooks Author EULA: What does it really mean?

Apple has announced iBooks Author—a new program that makes it easy for anyone to create stunning and compelling eBooks. The End User License, however, restricts anything made with iBooks Author to distribution on Apple’s channels unless you give the book away for free. NOTE: You can read a follow-up to this post outlining in more

Why Apple’s new iTunes Match service cannot be used to chase down music pirates

Ars Technica has an article about whether iTunes’ new iCloud features will be used to chase down music pirates. Some lawyers and academics writing about this might hedge their comments with conditions and exceptions. I won’t. No, iTunes’ new iCloud match features cannot and will not be used to chase down music pirates. (And Ars

Why Bitcoin isn’t a security under federal securities law

There are questions as to whether Bitcoin falls under the regulations of federal securities law. Federal securities law is a complex area of law that grants courts and the SEC great leeway in classifying investment products as securities. Nevertheless, a Bitcoin in-and-of-itself is not a security that can be regulated under federal securities la. NOTE:

Extending real-world laws to virtual worlds is a terrible idea

Governments shouldn’t interfere with the internal regulations of virtual worlds. The value of a virtual world is the fact that it exists, in an imaginary sense, outside the bounds of the real world. We visit virtual worlds to escape the real world.1 Dr. Richard Bartle wrote about this intrusion of the real world into the

Can you steal the idea for a product or service?

The Telegraph has an article about claims that the founders of the Huffington Post ‘stole’ the blueprint for the popular website.  Can you ‘steal’ an idea, be it for a product or a service? On some level this questions appears to ridiculous.  The Huffington Post, for example, is modeled after many community sites before it,

Implied licenses: Why copyright and contract prevents North Country Gazette from suing you

The North Country Gazette has threatened to sue folks who read more than one article on their website.  Since the threat was unearthed by BoingBoing and Techdirt, and re-posted on Slashdot, the website has gone down, come back up, and added a username/password authentication requirement. The original threat, detailed by Techdirt, outlines the Gazette’s plans

Does U.K. Heritage own all Stonehenge images? No.

U.K. Heritage, the folks who maintain Stonehenge, have claimed ownership over Stonehenge images.1  This is especially relevant to me because I visited Stonehenge in Spring 2009 and, yes, took pictures. Does U.K. Heritage own the rights to all images of Stonehenge?  No.  Might they have claims against folks who took pictures of Stonehenge?  Maybe, but

Ownership vs. License: How an English Pub highlights copyright ownership shifts

Karen Murphy, the landlord of a British Pub, wanted to provide her customers the ability to watch British Premiere League football (soccer).  The commercial licenses offered by the exclusive UK broadcaster of BPL football –  Sky — became too expensive.  Murphy turned to a Greek broadcaster, NOVA, to supply her the broadcasts for a tenth

Busybox, Bruce Perens, and GPL Compliance; the curiousities of private common ownership and the semicommons

I.  Drama in the lands of Open Source Bruce Perens is an open source hero.  He, along with others, has done a great deal for the open source community.  One of those things was creating a program called BusyBox. In short, BusyBox helped people created very, very small, embedded Linux appliances.  We’re talking thumbdrives, floppy