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Matt Miller
Works at Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, LLC
Attended Tulane Law School
Lives in New Orleans, LA
681 followers|7,053 views
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Work
Occupation
Registered Patent Attorney
Employment
  • Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, LLC
    Registered Patent Attorney, 2009 - present
  • Model Software Corporation
    Computer Scientist, 2001 - 2006
  • Blastro, Inc.
    Software Engineer
  • Motorola
    Engineering Intern
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Currently
New Orleans, LA
Previously
Durham, NC - Charleston, SC - Austin, TX
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504-585-3844
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Story
Tagline
Software engineer turned lawyer, practicing patent, trademark and copyright law in New Orleans.
Introduction
I am a former software engineer turned lawyer, practicing patent, trademark, copyright, and technology law in New Orleans, Louisiana with Carver Darden.

I am also the publisher of several iOS apps, including Federal Civil Procedure and Louisiana Civil Code, both legal reference apps.  I also have several other apps.

I also created the logic engine used by the Durationator, a tool for determining the extent of copyright protection of works worldwide.

I program in PHP, and I maintain my own Debian webserver to run some websites and a few web applications.
Bragging rights
I have three wonderful daughters, I started the Wikipedia entry for Twitter, and I am a named inventor on 2 issued United States Patents, 1 pending US patent application, and one pending PCT (international) application.
Education
  • Tulane Law School
    2006 - 2009
  • Duke University
    1997 - 2001
  • Jesuit High School
    1992 - 1997
Basic Information
Gender
Male
Other names
J. Matthew Miller III

Stream

 
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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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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The best defense is a good offense. Mutually assured destruction. The only way to win is not to play. #wopr
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I'm not sure I have a problem with this... Do you? If I do, it's the use of bgsound...
 
Fun fact, facebook knows when you read their emails (assuming you have html enabled and show images). This is at the bottom of every email that facebook sends:


<span style=3D""><img src=3D"http://www.facebook.com/email_open_log_pic.php?mid=3D51178b2G56e57c6dG1f415bcG0" style=3D"border:0;width:1px;height:1px;"/><bgsound src=3D"http://www.facebook.com/email_open_log_pic.php?mid=3D51178b2G56e57c6dG1f415bcG0&s=3Da" volume=3D"-10000"/></span>

I'm also not sure whether or not gmail disables bgsound by default, which facebook also attempts to use to track you. Someone at gmail, could you please comment.
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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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Interesting.  Louisiana looks pretty good here...  Not at the top, but pretty good.
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The more Google does this, the less "fair usey" it feels. It seems like they're taking the heart of the matter, which is part of the fair use analysis.
 
Google is picking up on "top answers" from forums, displaying them directly in the search results as a rich snippet.
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