Software Patents and the Return of Functional Claiming

M. Lemley, here

Why panning for gold may be detrimental to open access research, here

Publication of responses to UK Copyright Consultation  


Google argues fair use in Google Books case, here

EU Commission sends Statement of Objections on perindopril to Servier and others

Press Release, here

US and EU blocking treaty to give blind people access to books, here

The uncertain economics of lending virtual books

The Economist, here

It Was Never a Universal Library: Three Years of the Google Book Settlement

W. Crawford, here

The European Commission's Closer Look on the Pharmaceutical Sector - New Development on the Interface between IP and Antitrust Law

S. Baier, here

Civil Society statement on Exceptions and Limitations for Education

WIPO 24th SCCR, here

The Role of the Intellectual Property Office

UK IPO, here

Online Software Piracy

The Economist, here

A Comparative Look at Foreign State Compulsion as a Defence in Antitrust Litigation

M. Martyniszyn, here

Higher Education Institutions and EU Competition Law

A. Gideon, here

Blinde müssen weiter für Urheberrechtsausnahmen kämpfen, hier

Cloud Computing: An Overview of the Technology and the Issues facing American Innovators

U.S. House of Representatives, Committee on the Judiciary, Subcommittee on Intellectual Property, Competition, and the Internet, here.

Google and Antitrust

R. Picker,  Presentation here

Exclusivity in High-Tech Industries: Evidence from the French Case

P. Bougette, F. Marty, J. Pillot, P. Reis, here

Copyright, Free Speech, and the Public's Right to Know: How Journalists Think about Fair Use

P. Aufderheide and P. Jaszi, here

WIPO SCCR24: Ruth Okediji - speaking on behalf of Nigeria - on the Development Agenda

Streamtext: "As other Delegations have said, the Delegation of Nigeria would like to appreciate and thank the Development Agenda Group for the statement and to support that statement. It was exactly 100 years ago and 30 days today that the first copyright act came to Africa by ordering counsel number 912 of the English crown. That copyright act extended to 11 countries, all of which remain independent countries today in the African continent. When one looks back at the developments both in international relations but also in particular in international copyright law, it is clear that this is a system that will always need adjustments. The pendulum swings sometimes too far in the area of protection. Sometimes too far in the area of deference and sometimes too far in the area of ignorance.
It is in fact important to note that the accomplishments today are only the first step in a very long journey with regard to the treaty for the visually impaired. It is in our view not so much what we have done here but what we must do that we must pay attention to. When we are addressing the needs of the visually impaired or those that have long been underserved by the system, there can be no question that our responses must be law, not sentiment. They must be a commitment, not just an ideal. They must be a promise, not just a wish.
In the end, copyright law is government policy, not private policy. It is not the entitlement of users, consumers, authors or intermediaries. We must have the leadership and the moral courage to establish principles that are sustainable, fair, and implemented at the highest levels of integrity. As the Distinguished Delegate of Egypt has said in his statement on behalf of the African Group, a balanced system is not just a system that articulates principles that cannot or will not see the light of day. Nigeria is proud to have produced the first blind physiotherapist, the first blind professor on the continent, and to have established the first organisation to train and teach the blind and the visually impaired.
The exceptions and limitations Agenda is a reflection of a long history and commitment to ensure that the copyright system and indeed all other systems support the full integration of individuals into a meaningful and productive life. We believe it is time to convene a diplomatic conference in 2013. We believe it is time to recognize that the Development Agenda is serious and that it is one of the instruments by which as a community and as an institution we will be able to see the copyright system productive, adaptable and transformative not only for developing countries but for developed countries as well.
However, and whatever we feel about the WIPO Development Agenda, it is clear that the legal, social, and political reality is that an Intellectual Property system specifically an international copyright system that does not work for all will not work at all. Thank you, Mr. Chair."

EU Commission sends Statement of Objections to Lundbeck and others for preventing market entry of generic antidepressant medicine ("pay for delay")

Press release, here. See also the July, 16 "pay for delay" ruling delivered by the US Court of Appeals for the Third Circuit in re K-DUR ANTITRUST LITIGATION, here

Open access versus subscription journals: a comparison of scientific impact

B. Björk and D. Solomon, here

Revised Draft Working Document on an International Instrument on Limitations and Exceptions For Visually Impaired Persons/Persons with Print Disabilities

SCCR/24/9 Prov, here (via keionline). 

Government may be in breach of EU copyright laws over volunteer-run libraries' royalty payment commitments, authors' body claims, here

WIPO SCCR24 Draft Conclusions

Here, from

WIPO SCCR24: Ruth Okediji speaking on behalf of Nigeria on library issues

Streamtext: "The Nigerian delegation and also on behalf of the African Group wants to stress like other speakers the importance of this issue. Personally as the daughter of a librarian, I can emphasize the importance of libraries, particularly with ensuring that the access needs, the educational needs, the research needs of the population are met. In this regard parallel importation is of particular importance. Both in ensuring the vitality of libraries as cultural institutions but also to ensure that users not only in Developing Countries but in Developed Countries are able to access the rich trove of resources that are not often within national boundaries. So I think it's important that as this body begins to look at an international treaty on this issue, that the question of what libraries do, how they are able to preserveto distribute works. And the necessary limitations that will facilitate parallel importation for libraries as well as library lending be of utmost priority. I think it is fair to say that the international copyright system and national copyright systems on the whole have only been successful because libraries have been in existence. I think that it is important to note that in the absence of parallel importation and limitations and exceptions on distribution right it would be virtually impossible for even the work we are doing in this body to go on. So without saying much at this point, again, just to stress the importance of this issue and to encourage that this body treats this with utmost seriousness"

Der EuGH zum Erschöpfungsgrundsatz in UsedSoft v. Oracle, hier

'Do Not Track' Internet spat risks legislative crackdown, here

Considering Canada’s Supreme Court Decisions in this week’s WIPO Proceedings, here.

Algorithms and competition

M. Vestager, here . Large friendly letters? "It's true that the idea of automated systems getting together and reaching a...