Questions tagged [intellectual-property]

For questions concerning the ownership of ideas, designs and creative work. Specific IP tags include copyright, trademark, and patents.

Filter by
Sorted by
Tagged with
-4
votes
1answer
109 views

I might get sued for web scraping

So I recently made a video on Youtube. This video would help people create a bot that will purchase a product on a famous website called Newegg. The bot will automatically refresh the website every 45 ...
4
votes
3answers
617 views

Copyright Enforcement of Specification Sheets

For the sake of keeping this question focused, I am limiting the subject matter to technical data sheets. More so, to electronic component data sheets. I.e. for such components as resistors, ...
0
votes
2answers
46 views

Legal status of js code on web-site

Normally, every code, distributed to be run on user machines, come with a license. If you do not agree with a license, you can't run a code. Moreover, license clearly states responsibility of the ...
0
votes
0answers
28 views

What are the intellectual property rights around an idea for film?

Consider this hypothetical scenario. Person W (for Writer) wrote document X summarizing other documents publicly available; document X is copyrighted and available to the public in exchange for an ...
2
votes
1answer
97 views

If Google wins Google v. Oracle America then would creating API compatible software clones be legal?

As of this writing, the Google v. Oracle America case over some of the Java APIs is set for argument on Wednesday, October 7, 2020 in the US Supreme court. If Google wins the case will that mean that ...
-3
votes
1answer
39 views

Social media posts ownership: US Copyright Office

The US Copyright Office recently introduced in August 2020 the option of copyrighting "short online literary works such as blog entries, social media posts, and short online articles" https:/...
3
votes
2answers
113 views

What is the point of the disclaimer in Narcos?

Each episode of Narcos opens with a disclaimer that "Any similarity to name, character, history of any person is entirely coincidental and unintentional". Why do they have this disclaimer, ...
1
vote
1answer
95 views

Legality of second-hand selling and swapping [closed]

I was wondering if there are any restrictions in some parts of the world to sell second-hand/share items such as books/CDs due to copyright/intellectual properties? I'm asking because I know that in ...
3
votes
1answer
75 views

Has there been a SCOTUS case which clarified the meaning of the phrase “to promote the progress of science and useful arts”?

The US constitution article 1 section 8 gives the Congress an enumerated power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the ...
1
vote
1answer
38 views

Accidental infringement of 3rd party IPR

Need some help with a peculiar problem Google is unable to help me with. I’m about to enter into a contract as a Software Consultant with a product company to help them with their product development. ...
0
votes
0answers
89 views

Extracting an item from a real game inside a comic

Suppose I make a webcomic, where at some point one of the characters wields a portal gun, similar to the one in Valve's "Portal"; in fact, the point is that this gun, in the comic universe, ...
1
vote
1answer
69 views

“Personal ideas” website: using contributions from readers freely

Let's say I'm thinking about an unsolved mathematical problem for a hobby and I draw some conclusions of my own. I'd like to make these ideas public, allow anyone to use them absolutely freely (even ...
0
votes
2answers
72 views

Section 2870 of the California Labor Code - Can former employer claim ownership of former employee's project?

Silicon Valley tech companies in California require employees to sign a contract that assigns all inventions to the employer. The only protection employees have are in the form of Section 2870 of the ...
-1
votes
3answers
190 views

How can one open a profitable MMORPG private server (server emulator) legally?

Background The MMORPG in question has a Korean developer and a German publisher. It is pretty old, but is still live and running by the publisher. The game appears to be dying and has a very low ...
0
votes
0answers
12 views

Examples of listing common software IP assignment agreements exhibits

I'm wondering if there are any examples of listing common forms of software assets for Exhibit A's in assignment agreements (like when purchasing or selling assets). For example, GitHub repositories, ...
0
votes
0answers
12 views

Consequences of failure to exclude something in the “limitation of claim” field on US copyright application

I'm filling out a US copyright application, and wondering what the potential consequences would be if I fail to exclude something in the "limitation of claim" field. The work I'm registering ...
0
votes
1answer
47 views

At what point does a dead person's image enter the public domain?

Apparently the Ronald Reagan Institute claims to own Ronald Reagan's image and claims the ability to prevent the use of his image for commercial gain. I am pretty sure I am allowed to sell pictures of ...
0
votes
0answers
22 views

Is there anything in IP Law (software related) that can prevent an independent contractor from taking on multiple clients in the same industry?

Say I am an independent contractor, and I plan on taking on a new client (client A). They are a healthcare company, in the healthcare industry. I finish building them a custom software solution. Say ...
1
vote
3answers
132 views

Derivatives of Unauthorized Derivatives & Copyright

Imagine 3 parties: A, B & C. Party A owns all rights to image X. Image X is not in the public domain, and no explicit licenses for use to the other parties have been granted. Party B adds some ...
0
votes
1answer
61 views

Can information posted without a license and meant to be spread be assumed to allow commercial use?

Our organization has a cyber threat intelligence server, which we use commercially. There are a number of feeds posted by various organizations or individuals which contain things like malicious IPs, ...
1
vote
0answers
40 views

Legal definition of exempt employee's “own time” regarding creation of copyrightable content

I live in California, where CA Labor Code § 2870 states (emphasis added): (a) Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or ...
1
vote
1answer
31 views

Assigning intellectual property rights like a provisional patent to oneself while employed

A hypothetical: let's say I am employed in the U.S., and in a field where I am compensated for the results of my ideas or intellectual work, i.e. engineering. Let's say I have a roughly standard ...
1
vote
1answer
51 views

Adaptations of partially expired copyright in some countries

Let's say that there are 2 (hypothetical) countries with different copyright durations: Country A has a copyright duration of Life + 70 years. Country B has a copyright duration of Life + 50 years. ...
2
votes
1answer
30 views

How can I use a trademark name in my app title?

I am a student software developer in NY, USA. As a learning project, I created a mobile application for calculating scores of my favorite crossword board game and posted it on the famous online ...
0
votes
1answer
70 views

Can I use the name Friedrich Nietzsche as commercial application title?

Can I use the name Friedrich Nietzsche as commercial application title that will be available globally? I know that his books are in the public domain and I can use fragments in my app but I don't ...
0
votes
0answers
43 views

Someone else's Python code to create poetry

I have a legal and ethical question. I am in the process of trying to create text processing programming code to generate text that will be used for poetry that I plan to write using Python, while ...
1
vote
1answer
80 views

How can i compete legally with the large firms in the below mentioned scenario?

I am from India and when i did some research i found out that there are some big and well established companies in the field of windmill installation for electricity generation like Vestas India, GE ...
-2
votes
1answer
99 views

Where is the section of the law for USA that talks about ROMs?

Where can I find what the law says about obtaining video game ROMs (as in downloading them from online sources)? When I tried googling all I found were people telling what the law says but the answers ...
3
votes
1answer
71 views

How is the liability part in a software license meaningful for open licenses?

The core text of the WTFPL (Do What The Fuck You Want to Public License) is short: 0. You just DO WHAT THE FUCK YOU WANT TO. This is in sharp contrast with another open license such as MIT (and then ...
1
vote
0answers
168 views

Can I display my photo of a subject protected by intellectual property laws?

EDIT: the suggested duplicate: a) Refers to the UK. b) Only addresses one issue I mentioned. c) Perhaps wrong/misleading (at least in the US) - From the USPTO site: "To support a trademark ...
9
votes
5answers
2k views

Are Word-Frequency lists copyrightable?

If someone generates word frequency lists somehow. For example by analysing a web corpus or data from keyboards. Is this form of list of words and their frequencies copyrightable? For example if ...
0
votes
1answer
25 views

Canada's Trademark Act

I am considering applying for a trademark. The trademark I would like to register is the product name of a product that I am importing and selling. The name is an invented word (e.g. something to the ...
0
votes
2answers
46 views

Usage rights for a composition that later turned out to be plagiarism

If an artist makes a composition and later turns out to be a plagiarism from another, who bought the rights, or perhaps used it because it was released under creative commons, will it have ...
0
votes
1answer
52 views

When is a certain combination of software, a trade-secret?

Lets say, a contractor did some work for a client in a specific industry (lets say hospitality) using a stack of very common software development tools and technologies. For example SalesForce in the ...
2
votes
1answer
98 views

Can musicians effectively sue politicans that use their songs without permission?

Just about every presidential election cycle I can recall has multiple stories of candidates using songs at their rallies which they have failed to secure permission for. Afterwards, there will a ...
-1
votes
1answer
37 views

Is web-site cloning considered as IP theft?

If any company in any country launches a website combining the functionality of say, Facebook, and Google and YouTube, would it be considered as an IP theft? I am only talking about 'functionalities'. ...
0
votes
1answer
58 views

Registering a trademark in the UK - Lowercase, title case or uppercase characters?

I'm in the process of applying for a UK trademark through the UK government IPO service. I've used the Right Start Examination Service and my application has been approved for the next stage. Before I ...
0
votes
2answers
81 views

Do these terms contradict each other for who owns work created by contractor?

These two sentences are literally side by side and seem to be saying opposite things. All deliverables and associated documents...developed by Contractor during the term of this Agreement shall ...
6
votes
2answers
853 views

Can someone's name be removed from software they created if they transferred ownership of the software?

Let's say that John is on Blue Team. Blue Team is a private, non-profit entity in the US that receives some funding from the federal government. John wrote some software while on Blue Team that was ...
1
vote
0answers
50 views

Can a game publisher restrict distributing homebrew cards?

Looney Labs' website contains the following (excerpted here; much longer there): Q: Can I make copies of my home-brewed Fluxx (or Chrono, or Nano, etc.) deck to give free to my friends? A: ...
1
vote
0answers
43 views

What are the legal protections for someone that downloaded a leaked database in the domain of the USA?

My question is what are the legal protections for downloading a leaked database under the premise of not knowing the database in question is actually a "leaked database" as in you think the database ...
0
votes
0answers
35 views

Is it generally legal to develop and provide of API-compatible software services

Is there a legal issue when providing API-compatible services? By API-compatible services, I mean developing systems and providing solutions to customers that mimic other existing cloud computing ...
1
vote
1answer
26 views

Is it possible to require removal of attribution under BY-SA for distributions not yet created?

CC BY-SA 4.0 §3(a)(3) requires that attribution of licensed material be removed if the licensor requests it. As the licensor, is it possible to make this request in advance of the redistribution of ...
0
votes
1answer
40 views

“Flash of Genius” - Intermittent Windshield Wipers

In the movie "Flash of Genius," which covered the law suit involving intermittent automobile windshield wipers, it seemed that the individual parts (wipers, control box, electrical components) were ...
2
votes
1answer
44 views

Is usage of a still frame from a video considered a derivative work/adaptation?

Let's say that Alice makes a video and releases it under the CC-BY-ND license. Bob now wants to use a still frame from the video in his work (maybe to showcase or aggregate thumbnails of Creative ...
1
vote
1answer
53 views

Do historical software revisions impact the licensing terms of the latest version of the software?

Hypothetical situation: Our organization developed closed-source commercial software that used open-source libraries whose terms only apply on redistribution. At some point, we decide to open-source ...
1
vote
1answer
49 views

What effect does a project's software license have on its cultural works?

0BSD and ISC are software licenses. They grant permissions for software. I guess these granted permissions legally only apply to what fits the legal definition of software. What if a project combines ...
1
vote
1answer
113 views

Can I use droid as a character class in my game?

We all know Droid is trademarked by Lucasfilms but I wanted to use it as a character class for my game. The droid class in my game is also a robot, but it looks nothing like the droids on Lucasfilms....
1
vote
1answer
16 views

If one modifies and distributes intellectual property based on a Creative Commons licensed work, do they have any claim to their modification?

Suppose someone named Alice makes a free-to-play game called "Tubbytown" and releases it under the creative commons license "Attribution-NonCommercial-ShareAlike," which from the Creative Commons ...
1
vote
0answers
26 views

What can happen if I don't register a trademark for my business?

If I register my business name and start operating my business using that business name and a logo that I made which contains the words of the business name, what can happen if I don't register the ...

1
2 3 4 5
15