ChiefNode

Judd & Columbia

2009-02-07T12:52:00.000-08:00

Judd, the nominee for Department of Commerce Secretary, tried to extend Columbia University's patents by attaching an amendment to an existing bill. If this is the extent of his experience with intellectual property, the USPTO & new rules could be interesting if he is confirmed. Patent reform & modified administrative rules seem to be tabled for now. . but will they be back after the economic crisis has been managed by Congress?

New internet land grab

2008-06-29T08:55:00.000-07:00

Who will be first to register .portland under the new ICANN rules? Portland, Oregon? Portland, Maine? Michigan? Missouri? I could go on, for 13 more cities. ICANN traditional dispute procedures set up for trademark owners will not apply. . who owns the trademark to Portland?

New Mayor (elect), have you told our attorneys to act?

Corporate R&D

2008-06-29T08:36:00.000-07:00

Ernst & Young released, in April 2008, a study on the use of the corporate R&D tax credit. They state that the credits are used primarily for these purposes: wages for company employees; supplies for research; work performed by outside organizations. Universities apparently would fall into this third category.

Analysis of tax returns seems a more fruitful endeavor than hoping for response to surveys. Much of the data in the E&Y report is from the National Science Foundation, which has a poor response rate. Corporations tend to not want to talk about their R&D expenditure -- this spending is generally to achieve some corporate advantage.

Oregon is 19th (surprisingly high) with over 1,000 firms using the credit; and 16th in terms of share of R&D. Further analysis seems warranted.

A bigger expectation gap than we once thought

2008-06-29T08:29:00.000-07:00

Carl Weissman's article this week on the funding gap contains this passage, at the end:

If you are an academic and you cannot get someone to back your idea, do three things: take a hard look at your technology (or even ask someone else to do so); take a hard look at your expectations; and, take a hard look in the mirror. Honest assessment in these three efforts will tell you why.

If you are a VC crying crocodile tears over all of the impediments between your partnership and early-stage biotechnology investment, quit it. You make us all look like complete asses. Pull up your britches, wipe your nose, and admit it—“I am no longer a VC. I am now a private equity investor with an exceedingly small fund.” (Feelings of inadequacy to follow…time to buy a Ferrari.)

Yep. IMHO venturable ideas find venture. The rest need help, inside the university, to validate the technology, and create a market. Those that rely on the wonderful marketing reports from large analysis shops are fine, but most university technology does not yet have a market. We're doing fundamental research. We're thinking beyond tomorrow's problems, and that is a good thing. Who else is doing that? Corporate America has cut back on their own R&D. . .and then complains when universities aren't helping them create their next product.

We have an expectation gap in more than new venture funding. And read Scott Shane's new book, referenced in last week's posts.

The Velvetirium

2008-06-29T08:19:00.000-07:00

Check out The Velveterium in Portland, OR. JP Patches, Mr. T, even religious paintings, all in velvet, in one place! Too bad they don't show the rest they have at home. (hmm) At home they have Mona Lisa in velvet. Portland is the Florence of the 21st century, they suggested on national TV this morning. How will we use this newfound fame to turn into resources, intellectual property, fame & fortune?

The truth about entrepreneurs

2008-06-23T19:41:00.000-07:00

Scott Shane's new book The Illusion of Entrepreneurship is a list of "facts" about entrepreneurship. It's unfortunate (for me) that it is broadly focused on the activity, instead of high - tech entrepreneurship. HTE seems to be different from "run of the mill" entrepreneurship. But some of the facts may be interesting for policy makers & others. When I'm done with the book I'll post a more complete thought.

GM practicing (close to) open innovation

2008-06-23T19:39:00.000-07:00

The Atlantic Monthly article on The Volt is a fascinating story on a new mode of innovation for GM, and I suspect for carmakers as a whole. Sure, the story is a part of GM's push to get folks to buy a $45,000+ car, but the process they are using. . and the linking of a new radical product with their established name is certainly interesting.

It's all about the scale

2008-04-20T08:38:00.000-07:00

Oregon has recently increased investments in education and research, particularly at the higher, post-secondary level, to spur job growth (among other goals). For a state our size, and in comparison to the past, the investment is not insignificant.

However, when looking at what other states are doing, we must wonder at our commitment. The recent article on the Georgia Research Alliance, showing that they have invested $436 million in public and private dollars since 1990 to grow the Georgia economy. The private investment in Oregon is likely not as substantial, but there is a number that we should tout as well.

"open" for profit

2008-04-20T08:32:00.000-07:00

Software contributors for many open source projects are helping companies provide service to stitch all of the open source together. Most contributors do not mind this as it gives them many opportunities. . be part of a community, get recognition, practice, etc.

But folks translating content for Facebook may think differently. Facebook is asking people to translate their site for free, just to help the for-profit social networking site grow. While this is certainly a way to gain users in a country -- those translating are likely to brag that they did it! and drive traffic to the site, will there be resentment from the free labor?

How will global warming impact Microsoft?

2008-04-13T16:11:00.000-07:00

"Windows is collapsing" Gartner analysts say. Ok, not because of global warming, but because it does not fit in the new, smaller, greener, more portable world we are all about to live in. Now, I have several laptops, a smartphone, and been around people with lots of "mini" computers. And now I've watched younger folks (4+) use computers. Will we all stop using desktops, and local memory, and go to smaller computers & web apps?

I am not convinced. I still go to too many places where net connectivity is not stellar, or is too expensive. And the citywide wireless networks . . .although greatly touted. . . do not seem to be happening as quickly as promised. (A few months ago Wired magazine had an update on these initiatives, but I could not locate it in a quick search.) So, bring on the web apps -- I hate Vista just as much as the next person. But make sure there is 100% connectivity -- even in the "un-creative" class places -- before you do. . .

"How much" v "open acces"

2008-04-08T21:43:00.000-07:00

The recent sale of spectrum, where AT&T admitted that they paid much more to avoid open access (aah, makes one proud to be an AT&T subscriber) leads the Silicon Valley Insider to ask how much more the US government could have gotten if they had removed the open access requirement. . would the bidding have grown even more if the spectrum remained proprietary?

Given the recent discussion on Open Innovation (see this review paper), what is the proper way to "weigh" open access v financial gain? Not a dissimilar question to how to discuss benefits from access to research v proprietary access to research.

Make yourself famous

2008-04-02T19:08:00.000-07:00

Tired of googling yourself? Or linking to people you know on every social networking site you can imagine? Want to move to the next level? Part of intellectual property is trademark. . managing your brand. . and now you can create your own biography on Biographicon. You can even link to others you may know (or not know). Go ahead! Write your biography, just ready for the obituary pages.

Compromised academic freedom?

2008-03-30T21:02:00.000-07:00

Technology transfer offices are often accused of harming academic freedom -- by limiting publication, licensing rights exclusively, or other actions. Professionals know that limits to academic freedom are routinely accepted in consulting agreements and in other fashions.

Now gift givers are in the act. The University of North Carolina - Charlotte and 17 other campuses accepted a gift which required them to teach a book in certain courses. While some faculty are not bothered, as they see that it is a book they would teach anyway, others are disturbed.

Will folks now need to publish on the book? Or is this ok?

Best in Class Evaluation

2008-03-23T15:58:00.000-07:00

Evaluation of economic programs is a tricky business. The Stanford Social Innovation Review often has interesting articles. . Drowning in Data is one interesting one about how it is now possible to collect far more data than in the past, but does the data prove "effectiveness?" And will donors trust the data (see this article)? Or will national standards hurt programs with different goals, who appear "the same" (or others want to appear the same)?

While the Stanford-published works focus on traditional non-profits, programs designed for economic impact have similar problems. This excerpt encourages us to move beyond jobs as a measurement for entrepreneurial activity. And while I haven't read it yet, I'm very interested in Scott Shane's new book, The Illusions of Entrepreneurship, to see how we might encourage it -- and discourage it -- where appropriate.

Where do I face this? Since I am no longer Vice President for Metrics & Surveys for AUTM, I have moved onto my local problems: the Portland State Business Accelerator. . .the Portland State Innovation & Industry Alliances office. . .and other national conversations, including one the National Governor's Association is hosting. Given all the activity in the US & abroad in innovation metrics, there is still stuff to do.

PC.com

2008-03-22T09:38:00.000-07:00

Now I coach a number of people on what kinds of computers to buy (and I have my own experts that I go to for help!) but I wonder if I will now use PC.com, owned & operated by Intel Corporation, to show you all the wonderful ways you can use computers with Intel processors. At least Intel is very up front about it. .

I'm back, from Portland

2007-10-17T20:21:00.000-07:00

I have moved to Portland to take a job at Portland State University. And my term on the Association of University Technology Managers board will end in March. Thus, I should soon have time to write a bit more about intellectual property law, policy & related issues.

I'll note today that the Licensing Executives Society seems to have truly launched their certification program. To be grandfathered in, one must meet a few specific criteria, and then pay regular new maintenance fees. We are becoming the new attorneys of the world. I do wonder if licensing professionals, who are also attorneys, will pay both fees? At least the work to keep certified in both areas should be similar!

45% of biotech patents are from universities

2007-01-20T08:17:00.000-08:00

I was quoted in The Scientist the other day citing a figure that 45% of all biotech patents (in the U.S.) are university patents. I had provided more information about this statistic to the author, and want to provide that clarification here:

The definitions of biotech vary. Obviously your definition may be different from what is used here, especially as there is no one "biotechnology" category used by the United States Patent & Trademark Office.
This figure is not an official Association of University Technology Managers figure, as AUTM does not collect data about non-university patents.
I advised the author to review data available at BIO (Biotechnology Industry Organization) and the Science & Engineering Indicators 2006 in order to come up with a number.
This is not a figure that I researched, or otherwise conducted analysis to determine. I had reported to the reporter that others have cited this figure.

The impacts of MedImmune v Genetech will be felt throughout all industries which rely on patents, not solely in the field of biotechnology. I suggest interested parties contact their attorney to seek appropriate advise for management of patents and licenses.

The Cisco - Apple (Computer) Trademark dispute

2007-01-20T07:58:00.000-08:00

Here comes Apple again, using their market power to push another competitor away. Why aren't they being sued by all the states for antitrust behavior?

Ok, there may be problems with Cisco's trademark for iPhone (perhaps they did not use it all the time, and thus lost rights) but Apple (Computer) is once again hoping that their market power wins in the marketplace for them, and the legal system will likely not have any bars to this particular action.

Reading Cisco's side of the story is enlightening. They wanted Apple to be more open. Share enough information that the products could be interoperable. But Apple walked away from the negotiation, chose to ignore what may be helpful to consumers, and maintain the Apple-only monopoloy.

What is so great about the name iPhone, anyway? Will the "i" in front of a product always link something to Apple? Competitors: I'd be filing "i"Radio, "i"VideoGameConsole" etc. One wonders if this will be Apple's only entry into the phone market. Unlike the iPod, where there are now large & small versions, at many price points, the iPhone is a multi-function device, at a (relatively) large price point. Will "mini" iPhone be introduced in the future, without the smart phone functions?

What will Apple do next?

Screening system for copyright?

2006-12-05T12:22:00.000-08:00

Japan has asked YouTube to screen uploaded content in advance in order to avoid copyright infringement. This oughta be good. How do you do that at scale? How do you tell when something is copyrighted -- by someone who cares? Since everything is copyrighted, and it is the owners who say what concern they have, perhaps we'll get to every content owner having a digital mark, uniquely his/hers, with "creative commons"-like rights information embedded in it, to get at the rights allowed in that instance.

Will the new Lawrence Lessig-founded center, just funded with $2 million, tackle this problem, or problems like it? How will it go beyond the Creative Commons?

License the interface to create interoperability

2006-11-27T20:47:00.000-08:00

Microsoft has announced they are licensing the interface to Office. Hooray! Evidently the interface is even good, which is better. Makes one wonder what an API should include, and, given the lawsuits (and judgements) against Microsoft, if we ought to expand what ought to be made available to potential "collaborators". And what role should/could trademark play in this? Ought Microsoft receive revenue -- at some point -- or is it free, all the time, to "guarantee" its use? Remember, free does not guarantee use, but it can be hard to beat sometimes.

Innovation is everywhere

2006-10-15T11:15:00.000-07:00

An editorial comment.

We've read for years about the dire state of innovation. That content owners who lock up rights will ruin the ability to create new, innovative works in the future.

The mash-up seems to be counter to that trend. Mash-ups are now so common that even lawyers are doing them. If laywers are engaging, can it really be that controversial and tough to do?

Now some will argue that this is an isolated case; that the mash-up original content owners are enlightened and enable this behavior; that this is not truly innovative (just building on others' content); or that this is just in applications, not in the creative content that they want.

Some of these may be true. But there is progress. I personally believe folks have become overly reliant on law. Business models and customer contact must also play a role. Models which recognize the customer as an innovative participant; the importance of the relationship; and customization may lead us out of "I'll sue if you don't. . . " world.

Digital or physical? Lease or buy?

2006-10-15T11:07:00.000-07:00

In reading about the new debates regarding digital and physical DVD pricing, which is the same debate over music, I think back to cars. When the car lease was introduced, how did car rental and car sales businesses react? Were there lawsuits? Concerns over undercutting? I get the sense now that this debate is largely settled in the car world. Granted, at least all of the product was the same in these instances -- all physical. But in some ways it is similar, as digital downloads tend to mean (at least today) temporary access.

Target has complained that they do not want to be priced out of the market. But there have been price differences between permanent and temporary rights. Prehaps we just need to make sure that what is "permanent" is truly permanent, and has advantages? That is what the CD market has attempted to do. (My problem, in the CD world, is the "added benefits" aren't that "special" to me. But I do like the security of owning the CD. . .but I'm not as young as many music buyers these days.)

If I knew the solution I'd probably be doing something else. But perhaps we need to examine other market shifts rather than focusing on how everything now is new again. . .

Sell your rights for $1 million

2006-10-15T10:52:00.000-07:00

Netflix is experimenting with open innovation. They have made available a set of their own data & system, and invite you (as long as "you" are unencumbered by pesky relationships with companies and educational institutions) to beat their recommendation system. If you beat it by 10% or more, you are rewarded by having the ability to grant to Netflix a royalty-free pereptual license, with a warranty of "use" and non-infringement. Oh, and you get $1 million.

If folks go for it, I think this is a great deal for Netflix. Recommendation and personalization are hot, and will continue to be hot as we have more and more people wanting to customize everything on the internet. The warranty of non-infringement is huge. The "eligibility of qualifying algorithms" section is important. Read it.

Netflix's language: "An eligible algorithm must be originally developed or implemented (e.g., must not violate or infringe on any applicable law or regulation or third-party rights); must be written in English; and must not require any third-party software or licenses, payment on the part of Netflix, or otherwise prevent Netflix from exercising the rights granted hereunder."

So, still an interesting idea. Still a great opportunity to see new data sets and try things out. And it could be good for the winning team, too -- you'd get $1 million, and the credibility that Netflix liked your system. But as with all prizes, watch for the hooks.

Can a professor sell his own lectures?

2006-09-17T10:22:00.000-07:00

With Slashdot, the Chronicle of Higher Education, the local student newspaper, etc. all weighing in, North Carolina State University is facing some problems. A professor is taping his own lectures, and making them available on a website -- for sale.

I'm just more surprised at the huge bite that the website is taking out of the sale. The technology provider gets more than the content provider, which just seems wrong.

So, will NCSU decide that there are a certain number of lectures (on tape) included free for enrolled students? And the rest they pay for? Will NCSU examine their IP policies and try to close a "loophole?" There haven't been too many cases on scholarly materials, teaching materials, and the ownership & rights involved. This is one to watch.

Give access to the negative

2006-09-17T10:16:00.000-07:00

My colleagues & I always felt that "negative information" -- about research going on -- was just as important as the positive. What was tried that failed? What wasn't tried (but considered), and why? Companies often need this kind of information, as well as the "best mode" which is available when filing a patent application, in order to work on improvements, or bring something to market.

Many would say that the "negative information" is "trade secret" or should be transferred to others via consulting. That may be true, but is often not treated as trade secret at a university. So I'm happy to see more journals publishing negative information. Hooray for more sharing, and sharing information that is helpful -- even if it makes one look bad. Scientific progress.

UC digitizes even more

2006-08-12T19:12:00.000-07:00

Earlier this week the University of California and Google announced that they would work together on Google's digitization project. Thus, UC joins other universities in digitizing its books -- typically subject to the first sale doctrine.

UC received 2 criticisms: We are violating copyright law. Or Google is. Or perhaps both. I have my own opinion here, but know better than to put it in a public blog. I don't speak for the UC system, but I can say I was surprised to see us join this.

The other criticism I heard was that somehow by working with Google UC will make it harder to work with open alliances, or harder for other groups to work with open initiatives. I just hope that Brewster was taken out of context, because this makes no sense to me. By working with more than one initiative, UC is showing they can do have many partners. I just hope UC receives copies of these scans so that when UC has other uses for them (or yet another partner) the books do not have to be re-re-scanned. . .

$2.33 & defamation of character: how can we trust individuals?

2006-08-10T21:31:00.000-07:00

Posts live forever (I should be careful what I post and you should be careful how you comment). eBay seems to have a policy that they remove comments only after a court order proves the defamation of character. One person has spent countless hours (and I'm sure a fair bit of money) on having a negative, inappropriate comment removed from eBay from a buyer who spent $2.33. While certainly eBay need not remove appropriate feedback, one needs to question the spread of user contribution sites.

Wikipedia & eBay (among others) are very popular opinion posting sites. There are mechanisms to check on the opinion posters. . how many folks use those? Do we need some individual - credibility "proof" or "certification" sites like we have for privacy, security, etc. for organizations? "Take a 10 step quiz" and prove you are reliable? "Identify 10 great opinions that you have" and earn a certification? Or perhaps librarians, one day, truly will rule the world!

Early stage intellectual property needs validation . . it needs to be proved by others to show it has value. Now individual validation. . across websites. . across topics. . is something we should explore. Otherwise, do we look only to the aggregates?

Who wants to volunteer to be "certifiable"?

Universities and privatization

2006-08-10T21:18:00.000-07:00

Yet another book is examining the role of the private world and public universities. Specifically mentioned is patents, commercialization of research, contracting services, etc.

I'll be curious to read what the new ideas are in this book. Certainly universities (as a whole) have become more "corporate." Some companies have become more "educational". (Read The Rise of the Creative Class to see how the "creative types" thrive in open, encouraging cultures.) As more individuals move between company and university employment, more companies interact with universities and desire the elements they usually receive from other companies, and state support decreases, universities are surrounded by corporations.

Universities want to be good citizens, and get along with their communities. They want to find ways to successfully interact. While primarily anecdotal and containing recommendations which do not solve the "problems" nor work well for their communities, University, Inc. contains an interesting "history" of university - industry relations. There are cycles. There are changes over time.

All corporations (whether for- or non- profit) live in the economic ecosystem. The elements must be examined together.

My 2 cents.

When is original IP "worth" it?

2006-08-09T08:36:00.000-07:00

Electronic Arts, a key gamemaker, announced that they are going to make licensing of existing characters ("others" intellectual property) a less prominent part of their strategy in creating games. Why?

Certainly the expense is one issue. But other reasons point to the lifecycle and perhaps tension in the relationship between IP owners & game makers. Movie (or other characters) have a life outside of the existing movie. . in other merchandise, and possibly in sequels. That life is not solely in a game. The character owner is controlling the entire credibility and goodwill of that character. Other merchandisers get it -- you don't create Spiderman with a green suit or something. But games are more "action packed" than other merchandise, of course.

What next, then? I suspect there will always be parties who want to "license" a character for game creation, even given the constraints. There is a built-in market. And perhaps there are more creative outlets for tie-ins without licensing.

Open Innovation workshop

2006-07-31T21:16:00.000-07:00

Check out the Licensing Executives Society add-on workshop on Open Innovation, with Berkeley's own Henry Chesbrough as speaker. A variety of folks will be speaking about the principles & examples of open innovation.

It's a great book . . . and it's coming out in paperback in September. All about companies management of innovation. Is it inside the company? Spun out? What kind of champion is needed, and where? Excellent things to consider when looking at new innovation in your organization.

Blog now

2006-07-31T21:05:00.000-07:00

Company leaders advised British leader Tony Blair (and other politicians) to try blogging. What kind of exciting information do you think they would write? Most of it, at least in the U.S., would probably be classified.

What if I blogged about every day work life? Hmm, today I listened to 13 - 15 voicemails, deleted many e-mail messages (yes, I did read a few of those), signed a few agreements, set up a few contracts with financial details, updated my colleagues on key activities over the last weeks, oh, and yes, responded to a few companies on negotiations.

Ok, I could be more specific. But I suspect that blogging by sitting politicians (provided they are not also running for office) may not be that exciting. But what major politician will give it a try?

Oh yes, the other key thing pointed out in the U.S. economy was the link between universities and the economy. UC Berkeley even got a shout. . .but behind Stanford. Hey, we have quite a few of those "start-up" things, too. . .

California & other states trump the feds

2006-07-22T21:01:00.000-07:00

Unsurprisingly, states continue to move forward in funding stem cell research, with their "own" money. Given Bush's first momentous veto, the California Governator announced a loan to California's initiative, to actually start research here. A few fellowship grants went out, but otherwise the poor leaders have not been able to focus on much else than court cases. With a President who is so anti-science, who will stand up with him at election time?

Wired Magazine had a good piece a few months ago on stem cell laws around the world, to compare how conservative or liberal countries are on this issue.

10 hot things in IT

2006-07-04T13:35:00.000-07:00

according to the publication Network World, and not a single Berkeley project on the list. Some interesting things, though. A new search engine. . security features. . etc. Certainly some stuff to watch out for. Quite a few projects that the U.S. federal government has invested in, and companies are now taking up. Way to go, technology transfer!

Intuition Review

2006-07-04T13:27:00.000-07:00

I just finished by Allegra Goodman, which is about allegations of scientific misconduct in a cancer research lab, and the aftermath. I was intrigued by it because it had received rave reviews and was about an issue close to what I see - not that I see misconduct, but certainly research.

I was unimpressed. It's slow, plodding and predictable. You're not that interested in what happens, and the characters -- while some have interesting possibilities -- are not that well developed.

The only sensational event that takes place is a hearing, so it doesn't get too far fetched. But overall, disappointing.

Using open source to direct self interest?

2006-06-29T06:42:00.000-07:00

I wish I had been at the Open Source Buiness Conference, being held in London right now. Yesterday's talk by Simon Phipps (Sun) does not seem radical, but it sounds like he got some reactions from the crowd that were not as favorable.

The message, at least as recorded by one media outlet, was that open source developers should release code that preserves what is needed for broader purposes (eg to build other code on) and for "directed self-interest". I do not perceive this as radical because many open source developers work for companies who contribute their code to enable buiness for their company. I imagine there is some amount of pure creativity going on, but others cite how contributing open source code is also a way to "get known" in the community. . .which is also directed self-interest.

I would love to see more community organization for open source code, and concerted efforts to develop what "needs" to be developed. . but I'm not sure what more is needed, and curious what role Phipps sees for individuals (unaffiliated with a company) in his new vision. I'll need to check out other accounts of this talk, or perhaps watch how Sun releases Java -- if it is done in such a way to enable Phipps' vision.

Technology transfer update

2006-06-19T19:47:00.000-07:00

Several recent articles make it appear (or at least can be read) that academic technology transfer's sole goal is to make money. See here and here, and there are more.

It is difficult to fight the stereotypes: "When you're interested in pure science, you don't start companies. That's just not what you do.'' Many scientists are interested in seeing their work have a public impact, and one possibility for that impact is to start companies. Everyone doesn't have to start a company, but bold statements like the above seem inappropriate. There are many ways to be faculty, to be a technology transfer professional, etc.

Sometimes states seem to get it. I'd love to be in Massachusetts right now, with this legislation. Investment into a state "sales force", the technology transfer center, research, etc. But it is never as good in person as it is on paper. Note to check in on it in a few years. Or one could even be in Ireland. Gosh, who doesn't get this?

Future of academic publishing

2006-06-10T14:56:00.000-07:00

I missed the forum earlier this week at UC Berkeley on the future of scholarly publishing, which is sad (for me). The Center for New Media put it together with the financial & speaking support of Elsevier, and it was good to see the discussion happen. Given the discussion in Congress about whether or not scholarship which is supported with federal funds ought to be made available six months after scholarly publication, what happens to journals is an open question. . maybe someday there will be an answer.

Good to see some press coverage, as how scholars communicate -- both using informal & formal fashions, formal & informal results -- is critical. How do scholars "replicate" or "add onto" the information? How do companies take the information and integrate it? These are questions for the next forum.

Texas votes to include patents & commercialization in tenure decisions

2006-05-30T21:25:00.000-07:00

I have long advocated for the use of "outreach" "impact of research on the community" and/or "public good activities beyond publications" as being important to tenure & promotion decisions at major research institutions (and even non-research institutions). Service, scholarship & teaching are important, but so is showing impact to the community.

The University of Texas system just decided to add "patents" and "commercialization" to their tenure critieria. I applaud the concept, but I think it's unfortunate the focus is solely on patents (or, at least in this story about it). IP means copyright & trademark, which can be more important, in some cases, than patents. And the focus on "commercialization" rather than (?) public impact may be a problem. Faculty (and staff) across the university can make important contributions to the public, not just hard scientists and engineers.

But I may protest too much. I'd like to see: 1) researchers following how this policy impacts invention disclosures; tenure application packets; products released and companies started in Texas related to UT IP; newspaper stories about UT innovation, etc. AND 2) the policy. I'll need to seek out the second, but I hope researchers are paying attention to the first.

UPDATE: I've since learned that this is not the entire UT system, but only the A&M campus. 6/29/2006

Which tech alliance wins?

2006-05-29T10:13:00.000-07:00

Google & Dell, or Yahoo! and eBay, which alliance wins? Obviously time will tell and I am just speculating, but I would put my money on Yahoo! and eBay.

(Side note on my anti-Dell bias: I do not have personal experience with a working, successful Dell device. Yes, I've had mutliple Dell devices (computers, mp3, etc.) and worked with other poor Dell users whom I've had to help "de crappify" their machines. SiliconValley.com had a good post on that not too long ago, but I can't find it now. I personally plan to never purchase another Dell product again.)

But in spite my bias, I can't see that the Google-Dell alliance is all that exciting. Google already has the lead in search, without having to do a "deal" to get them onto more poor Dell users' desktops. Google does not have a busy, advertising-full webpage, and Dell has not had that. So each must branch out into new alliances to create a useful, full-fledged website. While many love the simplicity of the Google webpage (yes, I'm one), it's not exactly welcoming for new users who don't know what they want to search for yet.

Thus, chalk one up for Yahoo! and eBay, in my book. These are users who may not have come together in another way. Their models are generally complementary. I have never used eBay, but I'm a big Yahoo! messenger fan. (Google has a long way to come in my book in that area.) But perhaps Google's software on a Dell would *blow me away*. My guess is I'll never see it, unless Dell wants to share a free one with me. :-)

Back from Norway

2006-05-29T09:55:00.000-07:00

I've returned from my trip to Norway, where I was hosted by the Norweigen Trade & Industry Council, and met with the senior staff of the Norweigen technology transfer offices. Norway launched their formal university technology transfer program just 30 months ago, and are now thinking about measuring the effectiveness of their efforts. The technology transfer offices are centrally (eg federally) funded (at least to some major degree), and so the federal government is interested in the metrics used to see their "return on investment." The offices are all structured differently, and generally seem to have a broader focus than many offices in the U.S. -- at least when the U.S. offices began.

Norway has the advantage of designing offices and metrics in a time where technology transfer is widely acknowledged to include more than just patent management. When U.S. offices began (largely in the 1980s) the best practice was to focus on what was scaleable and had the most market power -- the patent. The market (and how IP is managed & deployed) have now changed. AUTM is working on changing its metrics. . and newer systems have the chance to start "correctly" from the beginning.

Good luck Norway, Taiwan, the Netherlands, etc. . .we are watching. And learning.

Appeals votes with "intent" not "text"

2006-05-29T09:51:00.000-07:00

Hey, no more worries about careful drafting. If you're in the 9th Circuit Court, the court will read what you intended, not what you wrote.

Now, to my non-legal mind, this is not that radical. Folks look at the Congressional hearings to learn "legislative intent" of a law, rather than just looking at the core "law" when the argue about the law, or try to enforce it. With the length & complexity of legal documents these days, it does not seem like a radical concept that contracts have errors in them. I find it helpful to include a "background" section in a contract (where possible) to help such interpretation -- although this was in contracts primarily for the "lay" people (eg people who do not read contracts for a living).

What should we start putting in contracts to enable such "helpfulness" by the courts? Or will the Supremes overturn our beloved 9th circuit once again?

It's back. .

2006-05-08T22:05:00.000-07:00

The Federal Research Public Access Act of 2006 is back. Some of you may remember this was a bill one, if not two years ago. It requires authors to place their work on a free, publicly available website 6 months after initial publication in a journal. Academic publishers are mad. Their business model is currently built on metering access. What if the business model were based on something else -- indexing? providing "related" work? tracking citations? Many choices, but this industry has had a hard time adapting to changing times, since times are always changing! Watch & see.

It isn't about the money

2006-05-06T14:02:00.000-07:00

The Wall Street Journal's article about research, money & universities this past week might lead one to believe that universities are now trying to bring in greater amounts of money from licensing intellectual property -- and that this is trend that will increase. I suppose there might be a few universities that have financial returns as their paramount goal, but I haven't met any of them. Universities have a mix of goals that they want to achieve: public benefit; opportunities for students; greater corporate and public understanding; and yes, discretionary money to support research.

When federal research dollars do not fully support campus research efforts (which is the bulk of funding in the U.S.), other mechanisms of funding must be sought.

What would the public want??

Whither open access?

2006-05-06T13:28:00.000-07:00

Evidently BioMedCentral is experimeting with some changes in the open access model. Not only have they raised fees that authors pay to publish articles, but they now require the editors of journals to assign their journal to BioMedCentral. So, open access is about access to articles, but now that BMC has helped to build value in these journals, they want some guarantees that they will stick around. But assignment is not the only mechanism to use to retain (or share in) the created value. Perhaps a license? Or change the model so the journals receive the fees directly, and pay BMC for their services?

Silent blog

2006-05-06T13:26:00.000-07:00

With my new duties in AUTM, time is a little tight. But I'll try to post a bit now & then.

2006-03-18T14:14:00.000-08:00

The Economist has an article on open source - what's happening now & the structure of the community. My favorite parts:

*Acknowledgement that there aren't that many "regular Joes" and "regular Joesephines" making large contributions to open source. It's a business, folks. It's just a different way of doing business -- getting folks to make suggestions, and actually listening to them -- but not necessarily accepting their "solutions."
"In other words, open source is starting to look much less like a curiosity of digital culture and more like an enterprise, with its own risks and rewards."
. . and later in the article. .
"MySQL employs 60 developers, based in 25 countries, of whom 70% work from home. “We maintain full governance of the source code. That allows us to go to the commercial users of the product and guarantee the product,” explains Mr Mickos. “You could say that this is what they pay for.”

*And, open is hard. Most people assume "open" is easier, because it is the land of milk and honey and all things good. But keeping things open is hard, and you must dedicate yourself to keeping it open.
"Strikingly, even more monitoring of operations is required in open source than in other sorts of businesses."

Now, open source is not inherently good or bad, but one should realize that open source is not altruistic or necessarily a better way to reach the public. One blindspot in the Economist article is that it largely examined older, established open source tools & communities. New approaches, newer communities may be different. However, Steven Weber is quoted in the article stating that he's not sure open source can do "new" things.

Dutch uphold the Creative Commons license

2006-03-18T14:08:00.000-08:00

However, the circumstances of this case don't lead me to much rejoicing specific to Creative Commons. Essentially, the case upholds notification of license restrictions by positive statement by the rights holder -- but did not look seem to look specifically at the Creative Commons license. So, you can positively state "some rights reserved" (essentially) and link to what those restrictions are. Isn't that a terms of use document, which has existed for quite some time? I'm not sure I "get" the significance. Of course, the case is in Dutch, so if you can read more than me, go for it.

Are you Osama's friend?

2006-03-09T20:28:00.000-08:00

Join a social networking site, and you could add yourself to Osama bin Laden's network. With mySpace under scrutiny for underage users, and social networking sites worried about who your friends are (not to mention my previous post on wikipedia), beware of your DIY websites.

Hey, I guess we all have to have friends, right?

Why Google prefers the BSD

2006-02-26T18:45:00.000-08:00

Google uses the BSD license for most of its own software releases, but allows the engineer to choose the license. The unanswered question in this post is what the approval process is for releasing software open source at all. Google does not prefer the GPL, but does use the LGPL sometimes -- but finds the stewardship responsibility under those models too great.

Software patents belong in a trophy case

2006-02-26T18:29:00.000-08:00

This article states that most software companies use patents as trophies in their case, as they continually innovate their products -- and that patents won't be useful to them. Patent reform is coming, they say -- but is it truly? Software patents are truly an experiment, and will they last? The IP system certainly requires tweaking, or the practice of the the current IP system requires tweaking. Law always lags practice. Perhaps practice should change now, and law then change?

When do standards' organizations obligations end?

2006-02-26T18:02:00.000-08:00

AT&T has approached several companes, claiming that they violate the MPEG-4 standard, and offering to license rights to them on RAND (reasonable and non-discriminatory) terms. MPEG-4 has described their responsibilities to include patents which are "essential" to the standard in the patent pool, but acknowledge that other patents may speak to the standard. The .gif disaster is ?over? or almost over? so why is AT&T bringing this up now? A company decides to not join, that is painful to all standards' efforts. A company is refused, now that makes sense. And when does MPEG-4 have responsiblity to the users to collect rights "necessary" or fight, on behalf of the standards users, for "quiet" use of the rights?

Interesting that on the same day, Microsoft announces that they will foot the legal bills (all the legal bills in infringement cases is the key phrase) for IP infringement when redistributors/ integrators adopt MS products. Some would argue that Microsoft's operating system is the de facto standard on computers (of many types) and this is a mechanism to protect its users from adopting its product. Microsoft has a huge cash arsenal, and thus can afford it. Can Microsoft's competitors?

Conflict of interest screen in posting to Wikipedia?

2006-02-26T17:34:00.000-08:00

Wikipedia has had to block certain parties from editing Wikipedia entries, primarily politicians. Evidently staffers help the entries portray their bosses in the right light. Scholarly authors must disclose their conflicts of interest when writing. I imagine authors of old, regular encyclopedias were hired to write about particular subjects. Wikipedia is a great idea. But open is a problem without stewards -- and endorsement from the community of those stewards standards. If open projects are to be credible, some care must be taken to maintain quality, integrity and objectivity. Amazon.com has gone to identifying real authors, and hoping that users value those opinions more than others. Shall Wikipedia adopt that? Or shall they create a special section where "bias" can be presented -- a "commercial" Wikipedia? What else?

When will the EIT open?

2006-02-22T18:34:00.000-08:00

The European Institute of Technology (stories everywhere, see this one as an example) may open -- but where? and when? MIT is certainly an important school to emulate, but not everyone is MIT. The entrepreneur infrastructure exists there -- does it exist "throughout" Europe? One to watch. Investment is a good idea, but what else is "necessary" and "sufficient" to create what MIT has?

Measuring the social effect of popularity

2006-02-11T07:34:00.000-08:00

A Columbia University study which had 14,000 teenagers pick what songs would be popular showed that the "best" and "worst" songs aren't necessarily the "most" and "least" popular. Anyone who listens to pop music these days will not be surprised. The researchers concluded that there is a strong social effect on music (and other media) popularity. People talking about, writing about, or playing media will make it more popular. So we look to DJs, our friends, and critics for advice on what should be popular. Now we have confirmation that there are opinion leaders. Shall we measure the impact of those opinion leaders? And how one becomes one? I think those are important questions of how new ideas spread.

How much intellectual property are you worth?

2006-02-11T07:25:00.000-08:00

Al Michaels was traded from ESPN (ABC owns them -- ABC is Disney) to NBC for the precursor of Mickey Mouse. Through the strangeness of history, Disney did not own "Oswald the Lucky Rabbit" (watch what your employers own. . ). We know where we will see Michaels (football broadcasts) but we don't know where we'll see Oswald. The move keeps the Monday Night football team together -- and I like to see teams stay together. What team has been rebuilt with Oswald?

Do you have your robotic dog?

2006-01-28T12:43:00.000-08:00

Perhaps if they had made robotic cats instead of dogs, Sony would have had more success with their artificial pets. But alas, Sony will soon cease "reproduction" of the Sony Aibo, which leaves one to wonder what happens to support of future Aibos. Already you can control Aibo wirelessly (with Sony's help), but will we see the support groups grow, or shrink? More open source sharing of how to control your dog, or less? As I have a "biological" cat, it doesn't make much difference to me, but the effect on the robot community will be interesting.

When to unify, when not to.

2006-01-28T12:30:00.000-08:00

The Itanium Solutions Alliance is a group helping Intel build a next generation processor -- the alliance, formed last year, seems stronger than before. Pretty big companies banding together, to build the future. At universities, we hear how this industry cross-licenses, shares, builds the future together. Yet there are other companies, building other chips, with more success. Why ally around one approach? Are there bets on the other approaches as well? Where would you put your money?

If you build it, something will come .

2006-01-28T12:10:00.000-08:00

At The Commonwealth's Club Should Books Be Free Online? event last Thursday evening, the "Google lawyer" essentially said that Google is building books.google.com now, and is planning that the business model (where Google makes money) will come. Just as the business model emerged for Google, they think that if they prove that they can meet people's information needs in a variety of ways, there will be ways to make money. It's nice to have the cash to make this kind of a bet. Brewster Kahle from the Internet Archive spoke about the OCA, and how they are trying to build systems where people can "bind" on demand, where Google seemed to focus more on directing people to booksellers & libraries -- as both acknowledge that reading online is not yet ideal. Let's get that digital paper here soon!

Stop the spyware

2006-01-25T21:15:00.000-08:00

A consumer-centric (hey, let's help each other) site to watch for and report spyware is up. What is surprising to me is that I don't see the legal conditions about what to post, what not to post - and how wrongfully accused companies may respond.

Valuing virtual assets

2006-01-22T18:17:00.000-08:00

"If you haven't misspent hours battling an Arctic Ogre Lord near an Ice Dungeon or been equally profligate spending time reading the published works of the Internal Revenue Service, you probably haven't wondered whether the United States government will someday tax your virtual winnings from games played over the Internet. The real question is: Why hasn't it happened already?"
-- Journalist Julian Dibbell wonders whether gamers' online assets -- the wealth and weapons they accumulate in the virtual worlds they conquer -- should be counted as taxable income.

What kind of intellectual property, virtual property, future property, etc. will be valued, by whom & when? Lessons from the venture capital industry will soon be coming, I imagine, to the average gamer.

Check out the new GPL 3 draft

2006-01-17T20:33:00.000-08:00

The GPL version 3 draft is out. Examine, watch & analyze.

http://gplv3.fsf.org/draft

Apple & trademarks

2006-01-16T20:45:00.000-08:00

This week Apple declined to let Microsoft put the Apple logo on a specially-designed (by Microsoft) Apple logo on their trademark -- the place on the keyboard where the "apple" key is. Apple also declined to use Intel's "Intel" (new) logo on their new computers (which use Intel chips). Intel does indeed guard their logo carefully!

AIDS drugs pricing

2006-01-16T20:41:00.000-08:00

How can the Clinton Foundation be successful in negotiating lower prices for AIDS drugs in developing nations, when others fail? Do companies not wan to turn down Clinton, who may be the husband of the next U.S. president? Are they afraid of bad PR? All the companies already offer subsidies to patients in such countries. Congrats, Clinton Foundation, however you got it done.

Open Source Hardening

2006-01-16T20:04:00.000-08:00

We ought to examine the proposal for "open source hardening" grant where 3 organizations team up to look out for security in open source software. Balancing "open" versus "closed" ought to be an interesting act, as many organizations consider security proprietary. Examining the nature of proprietary within the "open" world is important, and this grant ought to be good to watch.

Personalization on the rise

2006-01-07T18:37:00.000-08:00

Gap is redoing their stores to make it a more "personal" experience -- more "my Gap" and less "generic Gap." You can already cutomize many websites to meet your needs, and virtually try things on. Individuals who had cable service from a certain provider can get one whole month of free service now because their cable provider sold their personal information. So, there is certainly a business model & intellectual property in customization. There are personal property rights in information about you. When will consumers gain greater recognition for their individual information? Even though the European community has greater data protection law, I'm unsure of the scope of it, and if people feel better protected, better served. ?

Intel inside. . .your car

2005-12-17T20:56:00.000-08:00

Now we know that cars are using more & more electronics and computers, but now Intel is making sure you select the right computer inside your car. Soon we will be able to control our home from a central computer. We already have remote starters for cars -- I can't wait for automatic cars. .

When will copyright law change?

2005-12-10T20:02:00.000-08:00

With renewed complaints that search engines are stealing content from paid sites, and the UK examining copyright law to see if it can keep up with the "times" when will substantial, international law (practice) happen? US law, of course, takes quite some time to change, and we'll have to see what happens. Will Creative Commons and related initiatives gain ground, such that law change is not necessary, because practice has changed?

Join another patent commons

2005-12-07T21:18:00.000-08:00

It's open source, another step further. It looks like Sun has created a new OSI-approved license and is releasing hardware open source. Even Sun questions how this will work, so it's a bold move. One wonders what the discussions were inside the company that led to this. .

Measuring Technology ROI

2005-12-07T21:12:00.000-08:00

Watch this project: groups collaborate to help the government better analyze ROI of technology projects.

The Center for Technology in Government (CTG) and SAP are collaborating on
a research project regarding public-sector return on investment (ROI), focused
on improving the government's ability to analyze individual information
technology projects.

Long ago I asked an NSF Program Manager how they evaluated effectiveness of granted proposals, and he said he wasn't sure. Perhaps this is one mechanism the feds will look to.

Shall I move to Singapore?

2005-12-05T17:22:00.000-08:00

With Singapore's great investment in electronics, high tech and digital media, they seem to be the place to watch for future growth. With Asian markets growing fast, growing international trade, new found (?) respect for intellectual property, and lagging investment in these areas in the other parts of the world, Singapore is ahead of the curve. Who will join?

When bugs aren't so shallow

2005-12-03T12:40:00.000-08:00

Open source is touted as better, often for one particular reason: everyone sees the information and "fixes it." But what if the knowledge is so obscure, or so advanced, that peer review can do no good -- or, can do harm? Or what if anonymous "helping" actually hurts -- someone has a grudge, or is playing a prank, or just is wrong?

John Seigenthaler Sr. is unhappy with wikipedia for this reason. More reasons to be aware of what you read, see, hear, in open source -- because it can be great, but it doesn't have to be. It's all in how the information is presented, and if you have the access to it you need. . .

Thanks Google.

2005-12-03T12:27:00.000-08:00

Google helped Stanford get $336 million for future research and development, as Stanford held stock in Google (and just sold that stock). While most universities will sell all their stock as soon as they can (to avoid conflict of interest issues, and, remember, universities are not involved in technology transfer solely to generate money), it sounds like Stanford sold their stock in at least 2 transactions, spread out over time. Most technology transfer offices do not control the timing of their stock sales. .

So, good news. Google, a company that has a culture Intel wants to emulate, which allows employees to spend 20% of their time on their own projects, helps Stanford further its stellar education.

Revocable verbal license? Changing community?

2005-12-03T12:14:00.000-08:00

Too many possible titles for this story. .

Grateful Dead fans are mad that "the band" (or at least some of the band) wanted to pull fan-made recordings off the archive.org site, as the Dead have allowed trading so long, this was a violation. The Dead point out that the trading was one-on-one, so it was a different activity for the community -- and had different economic impacts. Now, archive.org was likely not the first site to host such recordings, so why was this one selected? But are fans also saying that they have the right to extend the "license" they had from the Dead? While we hate those long, written contracts, they do provide some safety in how they delineate what happens when new technology comes down.

For certainty, the license to this post: For 2 years, this post may be reproduced, but not altered, and always with attribution to chiefnode.blogspot.com. .

Sun continues the march toward service

2005-12-01T20:04:00.000-08:00

What does intellectual property mean in the age of service? With Sun open-sourcing more of their products, Microsoft offering their products more like "services" rather than "sales" (er, licenses), and IBM having a huge service side, where will intellectual property be, and who will want it? I counted 4 relatively new books out about how the current use of IP is "killing creativity" (I'd put them here but I think I purposefully lost them) -- so will people be convinced? Will IP law become so ignored as to be moot? Or will everything change to a service (music subscription v buying music; software subscription v buying software)? Stay tuned.

The Blackberry debate continues

2005-12-01T19:56:00.000-08:00

I've been waiting to see if Blackberrys will suddenly go silent. With the settlement between the companies ruled moot earlier this week, it appeared many "connected" people would soon be unhooked. But with today's ruling regarding patent validity (bad news for RIM) there may yet be hope.

How much money has been spent on these legal battles? Can the market really support these? I wonder how much money Blackberry users have contributed to the war chest here. Will telecom just take over this market, anyway?

Standards organization calls HP's bluff

2005-11-20T20:32:00.000-08:00

Blu-Ray decided not to incorporate one of the technologies that Hewlett-Packard has said is necessary in the standard. HP was surprised, and may now support the dueling standards. The standards saga continues.

Digital resource

2005-11-16T19:56:00.000-08:00

Check out this blog . . . http://www.paidcontent.org/

Internet site ads rising

2005-11-16T19:49:00.000-08:00

While other forms of advertising are slumping, internet ad space prices are rising, as supply is limited. Given the infiniteness of the Internet, (well, not truly infinite, but lots and lots of space) it is surprising that there is a supply issue. Someone will figure out how to find new ways to advertise. .

PatentCommons.org

2005-11-16T19:16:00.000-08:00

Check out PatentCommons.org for "free" and "open" patents. There is a guide to the Commons, and a legend about the commitments made by the patent owners. Interesting. . .must read more. . .

Orphan drugs not so orphan?

2005-11-15T13:04:00.000-08:00

Interesting article in today's Wall Street Journal on how companies who have drugs which achieve FDA "orphan status" can then charge whatever they would like for at least the 7 years, but potentially longer. Because "biotech" created "generic" drugs can't really exist (at least that is what the big biotechs say), the monopoly granted by the orphan status may continue. So a humanitarian effort has turned into a mechanism to give companies ready, exclusive access to a known population. Now it's great that these drugs exist, no question. Now let's look at the rest of the problem.

Yoga is traditional knowledge

2005-11-12T17:14:00.000-08:00

India is putting yoga positions in a prior art database to encourage foreign patent offices not to grant patents on these positions. It would be great to see a traditional knowledge database. . .very useful for everyone, but difficult to create broad criteria for inclusion.

Perhaps we can solve one drug problem

2005-11-12T15:29:00.000-08:00

The Wall Street Journal article on how to incentivize drug companies to look for solutions to new public health problems (avian flu, terrorist-leaked items) focuses still on problems which impact the entire US population. Foreign populations, and niche conditions are ignored. UC Berkeley's socially responsible licensing program provides incentives for companies (or other organizations) to create and deliver drugs to less - developed nations, and the NIH has started at least one program to try to get niche disease/condition drugs developed. But we need a broader solution.

Open Invention Network

2005-11-12T10:26:00.000-08:00

IBM, Philips, Sony & others have formed a separate company to acquire patents which may block Linux. If you join the commons, then you will not be sued. By joining the commons, you agree not to assert your patents. If you don't join the commons, all bets are off. This way, companies who opt in will enjoy the benefit. This is becoming a more common mechanism to pool standards and effort.

While I like how this mechanism involves all those who are interested/involved in the area, it has some things to watch for. What is the nature of the license this new organization has to the patents "necessary" for Linux? Determining what is a necessary part of Linux, and what part is not, may be interesting. What about add-ons for Linux? If the license is for anything that touches Linux (not just the necessary parts) what is the incentive to join? You may get sued for Linux, but if you make enough money on the other parts of the patent, does it matter?

Watch & see. Perhaps this mechanism, once better known, can be used more broadly.

Federal government protects itself in the Blackberry case

2005-11-12T10:03:00.000-08:00

The government has submitted a brief in support of the government's continued use of the Blackberry devices ubiqutious in the federal government. Stop others' use of the technology, if you must, they say, but don't stop ours. Will we see an argument such that companies who serve immune bodies also have immunity? This debate, continued appeal after appeal, seems ripe for an agreement between the parties -- there seems to be quite a bit of business. I'm thinking of buying a SmartPhone - style device myself, but reluctant to do so until the dust settles. Settle, settle!

Chalk one up for the consumers

2005-11-12T08:20:00.000-08:00

Sony drops their copy protection measures on their CDs, saying that the technology causes more harm than benefit. Consumers have been at risk for viruses and damage to their computers. Even the Homeland Security department warned about this software. Where is the IP Czar on this?

Patent for antigravity

2005-11-10T08:26:00.000-08:00

Ok, I've been travelling a bit, so the blog has been quiet. But here I'm back with a great one. The US PTO has broken what many considered the law by granting a patent for an antigravity device. It breaks the fundamental scientific laws, but yet now Boris Volfson has the right to stop others from practicing his methods. What is next? And what does this mean for the credibility of the patent system? Makes one wonder -- should we get patents now on theoretical things because one day, we might be able to break gravity? And if it's within 20 years, we'll have the right to stop others? Find me a patent attorney.

When does software need to be "certified"?

2005-10-30T20:19:00.000-08:00

The FDA reviews and approves software used in critical medical procedures & devices. There are tough standards. A Florida man is challenging software used in a breathalyser because the source code is not available. Should a new category of software be available for external analysis? Will software escrow agents soon get a new job?

Check out the Economist

2005-10-30T20:03:00.000-08:00

Pick up the Oct 20 issue of the Economist for a special survey on intellectual property. Worth scouring for an old copy, I'm sure.

Once again, Google supports open

2005-10-29T21:16:00.000-07:00

After the Summer of Code, Google has announced (with the Governor of Oregon, no less) an initiative with 2 Oregon universities a big gift ($350,000) for those universities to use to support open source -- infrastructure & curriculum, as well as development. Oregon has not always gotten the attention they deserve for their "Silicon Forest" so it's nice to see some investment.

Teaching entrepreneurship. . .but how much?

2005-10-29T13:17:00.000-07:00

Business Week reports that, thanks to 9/11 and support from groups like the Ewing Marion Kauffman Foundation, more and more students are starting their own businesses, and/or learning how to be entrepreneurs. Echoing remarks made at the Technology Transfer Society conference in September, evidently national crises make us better problem solvers, and we become bolder in trying new things out.

The question is -- what is in your toolkit? Marketing? Negotiation? Sales? Product development? Depending on your desire, audience, etc. you might need a different mix. Pick the right one for you.

Building Brands

2005-10-29T13:07:00.000-07:00

This Fortune series is all about the "strongest" brands -- what they do, how they've broken the rules. Take Google, "messing" with their trademark look by adding art. Traditional wisdom would tell them (and did) not to alter their brand. But now it's something people like about google. When can you break the rules, and when can't you? Now that's a million (billion) dollar question.

Who can be the author of our favorite works?

2005-10-29T11:38:00.000-07:00

This post in CNN about Lucas continuing to change Star Wars and Spielberg editing E.T. to better fit with their current vision is grousing about how these authors/directors change their works over time -- one person is quoted as saying who knows when Lucas will be done. Will Star Wars in 2020 be different from what you originally saw in the 1970s? How available should "earlier" works be when the author/editor changes her/his mind? Moral rights, not an expansive concept here in the U.S., but used internationally (it's in the treaty, folks) could (might?) be used (expanded?) to help authors make the previous work unavailable. Remember, folks, your memory can't be altered. I must admit I pay less attention to "live" events now, knowing I can "rewind" using my Tivo. But what if I didn't watch "e.r." until a week after it aired, and the producers decided to alter all of those stored on Tivo-like devices? We're not there yet, but we could be. So we'd have different experiences of the "same" work. Isn't that inherent in our multi-channel array of choices for communication now, anyway?

You'll never know where research leads you

2005-10-27T19:59:00.000-07:00

Take Philip Morris' latest research results: hey, we've studied how to get people nicotine more effectively for years and years. Hey, we know a lot about inhalation, breathing, etc. Perhaps we can use that for good instead of ill. Watch for the new Philip Morris inhaler, or other new health products. My bet is they will use a new brand.

Vote for the next great social venture idea

2005-10-23T19:11:00.000-07:00

Rather than sticking her head in the sand, this entrepreneur set up a venture fund for progressive political groups. People vote for the best ideas. How creative!

Creative branding coming

2005-10-23T18:53:00.000-07:00

While traditional tie-ins and marketin efforts are starting to fail, Memoirs of a Geisha is trying something new -- tie-ins with kimono-style dresses, bath products, etc. It's a great book. Isn't the combination of a great book, and author and actor efforts sufficient? Or will you be one of those who buys a dress and then sees the movie?

Hooray! Criticism of Apple

2005-10-20T21:02:00.000-07:00

"Apple Introduces Ho-Hum Player" should have been the headline, according to Slate magazine. Apple has had duds before, and this might be another one. Now, I admit, I think the concept of downloading TV shows is dang cool. But I liked the Razor, too, on TV -- but can never imagine owning one. Look pretty chintzy in person.

Check those names

2005-10-20T20:59:00.000-07:00

Check everywhere, all the places you can think of before picking a mark. Google has learned the hard way that common law rights can be tough to overcome, or it's tough to reach a good settlement, or co-existence agreement. You can "googlemail" me with comments. .

DVD Standard War

2005-10-20T19:51:00.000-07:00

With Microsoft announcing its support for a certain DVD technology, will rivals adopt what MS has chosen, encourage use of both (as HP did), or run away from MS, afraid of antitrust, anticompetitive, or other behavior? Or are some folks just so invested in their technology that switching will be tough? It's the VHS v Betamax of our time (well, more to come, I'm sure).

Librarian welcomes the video iPod

2005-10-15T16:36:00.000-07:00

While the video iPod will welcome all sorts of new podcasts, one librarian is excited that she will be able to show sexually explicit video to accompany her existing audio casts. Who says librarians are boring?

Student mTV

2005-10-12T20:13:00.000-07:00

MTV starts another revolution, by funding incubators for student-video and creating an online "channel" for the distribution of such content. Sounds like a good way to keep younger audiences tied to their channel and brand. What role will rights management and rights clearances play? Who will help these students through that morass?