Patents, copyrights and trademark rights have been growing and expanding in scope and application. In most cases, it seems the original intent of spurring innovation or protecting creators has gotten a bit lost, if not completely inverted. Certainly, there must be a way to support inventors without enabling predators and protect creators without empowering trolls. We need to slay our own monsters, instead of leaving them for the next generation. If you've ever wondered why a smell can be trademarked or why math can, no... can't, well... maybe gets patented, then this talk is for you.

1. Patents, Copyrights and
Trademarks: or Why the
Future Might Curse Us
Deb Nicholson, 7.14.2017
OpenWest

2. Who I am
@baconandcoconut
deb@openinventionnetwork.com

3. “Intellectual Property” is a lie.

5. “certainty”

6. Trademarks

10. Notice & Money

11. Trademark Creep(s)

15. “disparagement”

17. Use our code,
but not our trademark?

18. Looking ahead...

19. FSF vs FSF vs FSF?

20. Register your trademarks

21. Pay attention to who holds the
trademark in a shared project

22. Trademark trolls?

23. Resist increased scope
for trademarks

24. Copyright

27. Instructions or
a creative work?

29. Copyright creep(s)

35. No recourse against an
overreaching TOS

36. Looking ahead...

39. Copyleft
has enemies

41. Patents

45. Notice & Money

46. Patent creep(s)

52. Looking ahead...

54. Open Invention Network

55. Pick a license with a
patent protection clause

56. License on Transfer Network,
Defensive Patent License, PAX
and other community solutions

57. Conclusion

59. Resist “law-making”
without transparency &
accountability

60. Garbage in,
garbage out

63. News you can use:
Free Software Foundation
Software Freedom Conservancy
Electronic Frontier Foundation
Open Source Initiative
TechDirt.com

64. Further reading
“Brief of the Cato Institute and
a Basket of Deplorable People and Organizations”
https://object.cato.org/sites/cato.org/files/pubs/pdf/lee-v-tam-
merits.pdf
The Market for Software Innovation through the Lens
of Patent Licenses and Sales, by Colleen V. Chien, 2016
A One-Year Review of Alice v. CLS Bank, by Jasper L. Tran, 2015
Two Years After Alice v. CLS Bank, by Jasper L. Tran, 2016
Made in China: How Chinese Innovation is Changing the Patent
Landscape, by Jay P. Kesan, Alan Marco, and Richard Miller, 2014
Federal and State Legislation
http://www.patentprogress.org/patent-progress-legislation-guides/

65. Picture Credits
CC.BY: some have so much, others so little by Procsilas Moscas (Flickr), Moon Cakes by Atlaslin on
Wikipedia, Borio by freephotos, Playdough Elephant by Danny Chapman (Flickr), Solve for x by Seth
Goodman (Flickr), bugsystills 240 by Fortismere Secondary School (Flickr), Bucket of Trolls by grenade
(Flickr), Computer Monkeys by Chris Lott (Flickr), Liberty High Five by R Cabanilla (Flick(
CC.BY.SA: Archives New Zealand World Book Day 1960 (Flickr), tudio-tdes_1233 by sn3 (Flickr),
Flattened Round Pills by Eleassar on Wikipedia, hackNY spring 2013 by Matilda Czarnecka (Flickr), Gull
and chicks by pjmorse (Flickr)
Fair Use: Portal Cake, Buy All the Things Meme original picture from Hyperbole and a Half, Tiny Ship
by Kari from Somerville Arts Council, Tiny Tall Ships by Frank Santangelo for Somerville News Weekly,
Something Slanted This Way Comes album cover from The Slants, Trolls and Cloud Guy by
Dreamworks, Villain Spotlight Series: Ursula, The Little Mermaid Plans from Disney, Harry
Potter/Brad Neely meme "Dope as Hell", Warner Bros grab from consumerist.com, Fish Trying to Read
Memes, Not Nam - There are Rules Meme, Patent all the things! meme based on Hyperbole and a Half
art, Ancient Assyrian Tablet, Snow White the Witch and the apple by Disney, fictional locations: little
mermaid bottom sea ursula witch contract by Disney
GFDL: Cow by Daniel Shwen from Wikipedia,
Public Domain: Hanse_sail_2010_warnemuende_einlaufen by Andreas Kosmehl on Wikipedia, Melk
Abbey Library by Emgonzalez on Wikipedia, Standard pin from Wikipedia

66. Questions?
@baconandcoconut
deb@openinventionnetwork.com

67. info@seagl.org -- ww.seagl.org
October 6th and 7th
Call for proposals open now through August 6th!