Melancholy Elephants
Jul. 28th, 2005 07:57 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
richardf8Today, I was reading in the paper about a local band calling itself "The Olympic Hopefuls" which, receiving a C & D from the USOC, changed its name, quite simply, to the hopefuls. It seems that "Olympic" was trademarked in a 1950 Congressional act.
I see stuff like this happening all the time. Copyright owners (more often companies than artists) cracking down on fan web sites and fan fiction. Trivial suits over whether one can use the word "Spam" or "Windows" or the time Coors Brewing company sued R.J. Corr's natural sodas. Here in Saint Paul, there was once a local Pizza shop, owned by a man named John, called "Papa John's." When the national chain by the same name moved into the area, his business had to bcome "John's Pizza Cafe."
Seems to me that we've got a lot more trivial lawsuits in the arena of Intellectual Property than in Liability. But since IP Lawsuits tend to entail corporations winning against ordinary people and small business owners, rather than ordinary people and small business owners winning against corporations, I don't for see any calls for IP Law reform forthcoming.
Indeed, I think it can be safely argued, that with companies needing to do expensive and exhaustive "prior-art" searches before investing in invention, and given that the Garage inventor does not have the resources to do this, that our IP law has crossed the line from fostering innovation to inhibiting it.
Here is a link to the Spider Robinson story "Melancholy Elephants" which I think is an essential read for our times, dealing as it does, with the ultimate consequences of IP law: http://www.baen.com/chapters/W200011/0671319744___1.htm
I see stuff like this happening all the time. Copyright owners (more often companies than artists) cracking down on fan web sites and fan fiction. Trivial suits over whether one can use the word "Spam" or "Windows" or the time Coors Brewing company sued R.J. Corr's natural sodas. Here in Saint Paul, there was once a local Pizza shop, owned by a man named John, called "Papa John's." When the national chain by the same name moved into the area, his business had to bcome "John's Pizza Cafe."
Seems to me that we've got a lot more trivial lawsuits in the arena of Intellectual Property than in Liability. But since IP Lawsuits tend to entail corporations winning against ordinary people and small business owners, rather than ordinary people and small business owners winning against corporations, I don't for see any calls for IP Law reform forthcoming.
Indeed, I think it can be safely argued, that with companies needing to do expensive and exhaustive "prior-art" searches before investing in invention, and given that the Garage inventor does not have the resources to do this, that our IP law has crossed the line from fostering innovation to inhibiting it.
Here is a link to the Spider Robinson story "Melancholy Elephants" which I think is an essential read for our times, dealing as it does, with the ultimate consequences of IP law: http://www.baen.com/chapters/W200011/0671319744___1.htm
