Exceptions Properly So-Called

Professor Abraham Drassinower has a new paper titled “Exceptions Properly So-Called“. The abstract is reproduced below.

The paper sets out to distinguish four kinds of copyright limitations, of which only one can be regarded as a true exception. There are (a) subject matter limitations, (b) scope limitations, (c) miscellaneous exceptions, and (d) exceptions properly so-called. The upshot of this classification is that “exceptions properly so-called” denote instances where copyright as a juridical order encounters claims recognized in other juridical orders, with the result that the resolution of the ensuing dispute requires reaching beyond or outside the copyright regime itself.

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Apple Patent Illustrating New Multitouch Screens Alludes to Rumoured Tablet Device

Although just rumours at present, a January 27th announcement by Apple for a new device, purportedly a 10-inch touch-screen tablet device, are being anticipated.

Interestingly, Apple has filed a patent application for a new type of multi-touch screen technology. The idea is to integrate the touch sensitive panel into the display, as opposed to the traditional technique of layering the touch panel on top of the screen. This could make for a more energy efficient, more cost effective, and all together thinner touch-display.

More detailed figures from the patent application can be seen here.

Microsoft Files Patent Infringement Suit Against TiVo

The New York Times reports Microsoft has upped the stakes in the escalating battle between AT&T and TiVo by filing a lawsuit against TiVo in a San Fransisco federal court alleging the latter infringed on two of its patents.

Many observers see Microsoft’s suit as a declaration of support for AT&T, who TiVo sued last August for allegedly infringing on its patent which allows viewers to pause and rewind live TV and two other patents, and a counter against TiVo. If TiVo wins against AT&T, Microsoft may also lose as it AT&T uses Microsoft’s Mediaroom software in its TV service.

Ten Intriguing Gadget Patents

For fun, PC World has compiled a short list of interesting technological patents that they hope come to fruition. All of the patent ideas are creative, some are clever, and others are frankly bizarre.

Feel free to post your opinions or your own wacky gadget ideas in the comments section!

Canadian Generic Pharmaceutical Association wants intellectual property rights off the table for Canada-EU Trade Agreement

The Canadian Generic Pharmaceutical Association has warned against including intellectual property reform in the upcoming Canada-EU Trade Agreement, adding another voice to the contentious trade dispute. You can read their full submission here.

Story of Big Screen Hit, Avatar, Likened to Soviet Sci-Fi Novels

James Cameron’s 3D blockbuster, Avatar, has been identified by many familiar with popular Soviet science-fiction and fantasy writers Arkady and Boris Strugatsky as being very similar to a series of their novels. A series of 10 best-selling science-fiction novels, The World of Noon (also known by Noon Universe), written by the Strugatsky brothers in the mid-1960′s have been pointed to as having major elements in common with the smash hit movie.

Both tales take place in the 22nd century on a foreign planet named Pandora, home to similarly named humanoids – Nave in the books, Na’vi in Avatar.

Cameron states he wrote an 80-page screenplay for Avatar back in 1994 and shrugs off allegations of plagiarism, which he has also faced before with the Terminator films and Titanic. Boris, who has not seen the movie yet, has not indicated whether he plans to pursue a suit – his brother Arkady passed in 1991.

Airport body scanners: privacy vs security

The Christmas Day attempted bombing of Northwest Airlines Flight 253 has quickly changed the way people fly and ignited a debate about privacy and security in the airline industry. On that December 25^th flight, Umar Farouk Abdulmutallab allegedly attempted to ignite explosives stored in his underwear. This failed bombing attempt has led to the rapid adoption of airport scanners that can see through traveller’s clothing and has brought privacy concerns regarding the machines into the spotlight.

Where air travel is concerned there will always be a trade off between privacy and security. It is natural that individuals are expected to sacrifice some privacy in the name of public safety but exactly how far the state can and should go in the name of public safety is an open question. The rapid and widespread adoption of “naked” airport scanners has garnered a lot of media attention as people question the new technology and the implications of its use. Like all security measures the appropriateness of its use is determined by weighing the benefits offered against the costs of its use.

The primary benefit offered by the full body airport scanners is increased safety. The new machines provide a detailed check for hidden weapons and explosives and will allow for greater detection of such items. Supporters of the scanners argue that their widespread use can effectively prevent attacks, like the one attempted on Christmas Day, from occurring.

A second benefit offered by the machines is peace of mind. If the new technology makes a significant contribution to the public perception that flying is safe it will positively influence the number of people that choose to fly. Given the importance of tourism and the airline industry this is an important consideration. Even should the scanners not actually prevent a single attack they could still provide a powerful, if somewhat illusory, benefit as long as the public perception is that they increase safety.

The primary concern regarding the adoption of “naked” scanners is the degree to which they invade privacy. Many travellers are understandably uncomfortable with the idea of security personnel viewing a three dimensional outline of their naked body. Some people feel that the machines are overly invasive, and that their rapid adoption is an overreaction to the failed attack on December 25^th.

It is important to note that, as CBC reports, the scanners will only to be used on passengers singled out for extra screening, the images will be viewed by officers in another room who never actually see the passenger, the images are not to be stored, transmitted or printed, and the singled out travellers will have the option of a physical search instead.

So do the “naked” scanners represent a fair trade off between security and privacy? A recent poll by The Canadian Press reports that four out of five Canadians find the use of the scanners reasonable. Three quarters of the individuals polled also felt that the technology was likely to be effective in reducing the risk of a terrorist attack. I tend to agree. It is telling that the scanners were undergoing a test run in Kelowna, B.C., and were also being used in many U.S. airports, long before the Christmas Day incident. I make a note of this because I find it significant that even without the increased anxiety of a recent terrorist attempt the scanners were being adopted and put to use.

In this case I do think the foregone privacy is fair given what is at stake but I wouldn’t want to discount the debate that has surrounded this issue. Whenever the rights of citizens are impacted by the actions of government a high degree of vigilance is warranted. It is important that we stand on guard to ensure that important rights aren’t infringed for inadequate reasons. If I am going to give up a fundamental right I want to be sure that I am doing so for valid reasons.

Jennifer Stoddart to take data collection probe to public

Canadian Privacy Commissioner Jennifer Stoddart, whose influential criticisms of Facebook last July prompted the site to revise its privacy protections, is set to launch a series of public consultations to discuss online data collection this spring. Written submissions will be accepted until March 15, with public discussions opening in April and May. Those with an interest in online privacy would be well advised to involve themselves in this process.

It’s long past time to cast aside doubts about the importance of digital advocacy

The Toronto Star has posted an interesting article about the power of digital advocacy in the modern age, as shown by the incredible success of the Against Proroguing Parliament Facebook group. Future lawmakers should consider the increasing role of the internet and social networking sites in the democratic process when proposing new regulatory policies.

EU: Canadian copyright reform is a “tactic to confuse”

Michael Geist has posted a summary of a leaked document outlining the EU’s strategy for copyright negotiations with Canada. The document discusses the shortcomings of Canada’s intellectual property rights regimes and states that the EU should apply pressure on the Canadian government to improve it.