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Matt Miller
725 followers -
Software engineer turned lawyer, practicing patent, trademark and copyright law in New Orleans.
Software engineer turned lawyer, practicing patent, trademark and copyright law in New Orleans.

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So it's not exactly the same issue, but I totally nailed it in my old post.  http://www.theguardian.com/technology/2013/sep/04/ministry-of-sound-sues-spotify
Tonight's legal discussion is about Spotify and copyright in user-generated content. Copyright subsists in compilations. So, when someone creates a compilation of poetry, that person doesn't have rights to the original poetry, but he has a copyright in the selection or arrangement of those poems. When you use Spotify to create and publish a list of songs, you have created a copyrightable compilation. Spotify then lets you publish that compilation, letting others then view the compilation.

Does the user have an action against another user who re-publishes his compilation? Does the user have an action against Spotify for publishing his compilation without authorization? Does the Spotify end user license take care of any of this?

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I just saw this site over at Hacker News, and think it's pretty cool.  This site provides a way to share short summaries of good (long) content with others, through a bookmarklet.

Interesting idea.  But, I am a lawyer, and I think about how new ideas interface with the law.  Here, specifically, there is an interesting, perhaps open, copyright question.  Do the summaries people post constitute derivative works? Or, are they fair use?  On the one hand, the summaries are based on the underlying work, and, perhaps they will copy some copyrightable expression.  On the other hand, perhaps all the summaries do is take "ideas."  Ideas are not copyrightable, expression is.  A derivative work must still have some substantial similarity with the original work to be a derivative work. 

Also, the summaries may or may not be fair use.  A summary of the fair use factors is not for this post.  But, certainly, people will be less likely to visit the original author's site with the summary, and the summaries generally take the "heart" of the original work (but, perhaps they merely take the heart of the ideas, not the heart of the expression).

So, interesting copyright question.  Interesting website.

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I could certainly appreciate a faster, longer lasting, iPhone with a bigger screen.
The new iPhone release is coming up, and all the pundits are a-buzz with speculation. Could this model's features offer brand-new social media capabilities? Check out what SI Social has to say! +Colette Bennett 

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Or SSH, for that matter...
I love geek shirts. This one was on a developer who was interviewing yesterday at +Rackspace Hosting's San Francisco office. Well, he sure knows the culture of Rackspace! (I know people who have hundreds of such shirts in their closets).

Do you have a favorite geek shirt? Please post a link to a photo below.
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My, you live in interesting times, said the wise man to the patent attorney...
Any thought that the Federal Circuit was coalescing around an approach to patentable subject matter just went out the window.  Hard to argue there's no circuit split now.  http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-1301.pdf

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Available now at your local S-Mart.

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Interesting.  Louisiana looks pretty good here...  Not at the top, but pretty good.

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