Advertise here with Carbon Ads

This site is made possible by member support. ๐Ÿ’ž

Big thanks to Arcustech for hosting the site and offering amazing tech support.

When you buy through links on kottke.org, I may earn an affiliate commission. Thanks for supporting the site!

kottke.org. home of fine hypertext products since 1998.

Beloved by 86.47% of the web.

๐Ÿ”  ๐Ÿ’€  ๐Ÿ“ธ  ๐Ÿ˜ญ  ๐Ÿ•ณ๏ธ  ๐Ÿค   ๐ŸŽฌ  ๐Ÿฅ”

kottke.org posts about legal

The story of Tetris

The following is a great 2004 BBC documentary about Tetris, the man who created it, and the lengths that several companies went to in order to procure the rights to distribute it. Tetris - From Russia With Love:

Alexey Pazhitnov, a computer programmer from Moscow, created Tetris in 1985 but as the Soviet Union was Communist and all, the state owned the game and any rights to it. Who procured the rights from whom on the other side of the Iron Curtain became the basis of legal wranglings and lawsuits; the Atari/Nintendo battle over Tetris wasn’t settled until 1993. There’s an abbreviated version of the story, but the documentary is a lot more fun. A rare copy of the Tengen version of Tetris, which was pulled from the shelves due to legal troubles, is available on eBay for around $50.


Free home run tacos, several strings attached

As part of a World Series promotion, Taco Bell will give away a free taco to everyone in the United States if someone hits a home run over the left field wall in tonight’s game 3. This is a big offer for a big company so of course their lawyers want to make darn sure that we know precisely what “Taco Bell” means when they say “home run”, “left field”, and “free taco” with an extensive list of terms and conditions. Surely the first legal document containing the phrase “a completely outside the bun idea”, the T&C is a fun read, but my favorite is the first condition that you agree to if you take advantage of the offer:

…to release, Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., MLB Advanced Media, L.P., MLB Media Holdings, Inc., MLB Media Holdings, L.P., MLB Online Services, Inc., the Office of the Commissioner of Baseball, and the Major League Baseball Clubs, and each of their respective shareholders, employees, parents, directors, officers, affiliates, representatives, agents, successors, and assigns (hereinafter, “MLB Entities”) and Sponsor and their affiliates, subsidiaries, retailers, sales representatives, distributors and franchisees, and each of their officers, directors, employees and agents (“Promotional Parties”), from any and all liability, loss or damage incurred with respect to participation in this contest and/or the awarding, receipt, possession, and/or use or misuse of any Free Taco

Man, I really hope someone hits a left field home run tonight. I’m dying to see some creative misuse of free tacos.


PopTech, day 3 wrap-up

Notes from day 3 at PopTech:

Chris Anderson talked about, ba ba baba!, not the long tail. Well, not explicitly. Chris charted how the availability of a surplus in transistors (processors are cheap), storage (hard drives are cheap), and surplus in bandwidth (DSL is cheap) has resulted in so much opportunity for innovation and new technology. His thoughts reminded me of how surplus space in Silicon Valley (in the form of garages) allowed startup entrepreneurs to pursue new ideas without having to procure expensive commercial office space.

Quick thought re: the long tail…if the power law arises from scarcity as Matt Webb says, then it would make sense that the surplus that Anderson refers to would be flattening that curve out a bit.

Roger Brent crammed a 60 minute talk into 20 minutes. It was about genetic engineering and completely baffling…almost a series of non sequiturs. “Centripital glue engine” was my favorite phrase of the talk, but I’ve got no idea what Brent meant by it.

Homaro Cantu gave a puzzling presentation of a typical meal at his Chicago restaurant, Moto. I’ve seen this presentation twice before and eaten at Moto; all three experiences were clear and focused on the food. This time around, Cantu didn’t explain the food as well or why some of the inventions were so cool. His polymer box that cooks on the table is a genuinely fantastic idea, but I got the feeling that the rest of the audience didn’t understand what it was. Cantu also reiterated his position on copyrighting and patenting his food and inventions. Meg caught him saying that he was trying to solve the famine problem with his edible paper, which statement revealed two problems: a) famines are generally caused by political issues and therefore not solvable by new kinds of food, printed or otherwise, and b) he could do more good if he open sourced his inventions and let anyone produce food or improve the techniques in those famine cases where food would be useful.

Richard Dawkins gave part of his PopTech talk (the “queerer than we can suppose” part of it) at TED in 2005 (video).

Bob Metcalfe’s wrap-up of the conference was a lot less contentious than in past years; hardly any shouting and only one person stormed angrily out of the room. In reference to Hasan Elahi’s situation, Bob said that there’s a tension present in our privacy desires: “I want my privacy, but I need you to be transparent.” Not a bad way of putting it.

Serena Koenig spoke about her work in Haiti with Partners in Health. Koening spoke of a guideline that PIH follows in providing healthcare: act as though each patient is a member of your own family. That sentiment was echoed by Zinhle Thabethe, who talked about her experience as an HIV+ woman living in South Africa, an area with substandard HIV/AIDS-related healthcare. Thabethe’s powerful message: we need to treat everyone with HIV/AIDS the same, with great care. Sounds like the beginning of a new Golden Rule of Healthcare.

2.7 billion results for “blog” on Google. Blogs: bigger than Jesus.


Regarding the debate over copyrights and food,

Regarding the debate over copyrights and food, people in fashion are having the same discussion. “In an industry where many designers come out with similar looks each season โ€” and where inspiration is said to be ‘in the air’ โ€” designers and the thriving knockoff industry are hotly debating the issue.” (thx, richard)


Pete Wells writes in Food and Wine

Pete Wells writes in Food and Wine about recipes, copyrights, and patents. Meg picks up the thread and argues that copyrighting recipes would stifle innovation, not promote it, rewarding mostly the lawyers who insert themselves between our food and mouths. A commenter says, “By nature, food people are generous of spirit, and recognize that the great fun of food is in the sharing.”


Google is not starting to become concerned

Google is not starting to become concerned about their name being used as a generic verb meaning “to search”; they’ve been concerned for more than 3 years (more here). This movement to expose Google as big, dumb, and humorless strikes me as big, dumb, and humorless.


Speaking of brand genericide, Heroin was actually

Speaking of brand genericide, Heroin was actually a brand name trademarked by the Bayer drug company. (thx chris, who joked, “Can I interest you in some Heroin brand morphine substitute?”)


Brand genericide

Harris Interactive recently released a list of products ranked by brand equity, a measure of the brand’s popularity with US consumers. Here’s the top 10:

1. Reynolds Wrap Aluminum Foil
2. Ziploc Food Bags
3. Hershey’s Milk Chocolate Candy Bars
4. Kleenex Facial Tissues
5. Clorox Bleach
6. WD-40 Spray Lubricant
7. Heinz Ketchup
8. Ziploc Containers
9. Windex Glass Cleaner
10. Campbell’s Soups

Marketing can be a double-edged sword. The companies who manufacture these products have done a fantastic job in marketing these products, so fantastic in some cases that the brand name is in danger of becoming a genericized trademark. From the list above, I routinely use Ziploc, Kleenex, WD-40, and Windex to refer to the generic versions of those products, even though we sometimes use Glad products instead of Ziploc, Puffs instead of Kleenex, or another glass cleaner instead of Windex. If the companies on this list aren’t careful, they could lose the trademarked products that they’ve worked so hard to market so successfully.

Here’s a list of American proprietary eponyms, or brand names that have fallen into general use. Some of the names on the list are so old or in such common use (escalator, popsicle) that I didn’t even know they had been brands. Two current brands I can think of that might be in danger of genericide: iPod and Google. (via rw)


The WSJ hosts a DRM debate between

The WSJ hosts a DRM debate between Fritz Attaway of the MPAA and Wendy Seltzer of the EFF. “Digital rights management is the key to consumer choice.” Zur? Are those irritating anti-theft packaging stickers on DVDs the key to consumer choice as well?


The case of Kelbessa Negewo, former Ethiopian

The case of Kelbessa Negewo, former Ethiopian government official and assused of torture and human rights abuses, and how a chance encounter with one of his alleged victims in an Atlanta hotel has turned into a 15-year legal battle.


Mexican president Vicente Fox didn’t sign the

Mexican president Vicente Fox didn’t sign the bill legalizing small quantities of drugs for personal use because of US pressure due to drug tourism fears. What I don’t understand is…why not just make it legal for Mexican citizens to allay US fears? Besides, anyone who goes to Mexico for drugs can get them if they want anyway, law or no.


Michael Crichton on the sad state of

Michael Crichton on the sad state of patents in the US, particularly those related to medicine. “Any doctor who reads a patient’s test results and even thinks of vitamin deficiency infringes the [homocysteine/B-12] patent. A federal circuit court held that mere thinking violates the patent.”


Because of the Eolas patent crap, Microsoft

Because of the Eolas patent crap, Microsoft is updating Internet Explorer so that you need to click to “activate” any Flash or Quicktime applet. There’s a workaround that involves replacing all your and tags with JavaScript functions that write those tags. This is going to make a lot of web sites a pain in the ass to use with IE and developers are going to have to modify a lot of code. What a nightmare. (thx, dunstan)


It’s so easy for people to get

It’s so easy for people to get all ranty and unbalanced about the MPAA, movie piracy, and copyright issues…Derek has a refreshingly clear and steady take on the issues involved and how the industry middlemen are making things hard for everyone but themselves.


I was recently wondering if any of

I was recently wondering if any of the Creative Commons licenses had been upheld in court; a CC license was recently upheld in a Dutch courtroom.


Rogers Cadenhead, after receiving a letter from

Rogers Cadenhead, after receiving a letter from Dave Winer’s attorney: “I’ve never been more retroactively embarrassed to have paid someone a compliment in my life.”


Andy got a cease and desist from

Andy got a cease and desist from Bill Cosby’s legal team for hosting the satirical House of Cosbys videos, and he’s going to fight it. “More than anything, this strikes me as a special kind of discrimination against amateur creators on the Internet. Mad Magazine, Saturday Night Live, South Park, The Simpsons, Family Guy, and countless other mainstream media sources have parodied Bill Cosby over the years.”


Meghann Marco, the woman who was upset

Meghann Marco, the woman who was upset at her publishing company for 1) not putting her book on Google Print, and 2) instead suing Google, has finally gotten her book listed on Google Print.


The fashion industry doesn’t try to control

The fashion industry doesn’t try to control its creativity the way that the music and film industries do. “The fashion world recognizes that creativity cannot be bridled and controlled and that obsessive quests to do so will only diminish its vitality. Other content industries would do well to heed this wisdom.”


This guy has had enough of the

This guy has had enough of the pre-exit receipt checking at Best Buy (you’re under no legal obligation to comply) but is hassled by Best Buy employees about seeing his receipt all the way out to the parking lot.


Andreas Pavel was the inventor of the

Andreas Pavel was the inventor of the portable music player (aka Walkman). “I was in the woods in St. Moritz, in the mountains. The snow was falling down. I pressed the button, and suddenly we were floating. It was an incredible feeling, to realize that I now had the means to multiply the aesthetic potential of any situation.”


Scott Nelson produces a “tribute brand” called

Scott Nelson produces a “tribute brand” called MIKE that’s an homage to Michael Jordan, Nike branding, and shoes. After looking at his products (photos and interviews here and here), I’m amazed Nike hasn’t sued him back to the Stone Age. Nelson’s site is mike23.com.


“no sampling, please”, a photoset depicting binge-sampling

“no sampling, please”, a photoset depicting binge-sampling of nearly everything in sight, contrary to posted signage.


On the copyright of recipes. Recipes are

On the copyright of recipes. Recipes are covered by US copyright law but not very well and very few suits get brought against those who republish them without permission. For the most part, it sounds like food folks recognize the essential remix culture of cooking. (via matt)


The Dover, PA evolution vs. intelligent design

The Dover, PA evolution vs. intelligent design ends with the judge ruling against the teaching of ID in the classroom because it violated the “constitutional ban on teaching religion in public schools”. “We find that the secular purposes claimed by the board amount to a pretext for the board’s real purpose, which was to promote religion.”


Surowiecki on the sorry state of the

Surowiecki on the sorry state of the US patent system. “Since the [USPTO] is funded by patent fees, as opposed to getting its budget from Washington, it has a financial incentive to process applications as quickly, rather than as diligently, as possible.”


Support the EFF and the rights of

Support the EFF and the rights of bloggers by putting a badge on your site. Here’s a list of things that the EFF is fighting for on behalf of bloggers.


The evolution** of spam

The 419 Nigerian spammers are getting smarter. This letter I received the other day offered URL references:

Dear Friend,

I am Larisa Sosnitskaya and I represent Mr. Mikhail Khordokovsky the former C.E.O of Yukos Oil Company in Russia. I have a very sensitive and confidential brief from this top (oligarch) to ask for your partnership in re-profiling funds US$46 Million. I will give the details, but in summary, the funds are coming via Bank Menatep. This is a legitimate transaction. You will be paid 20% as your commison/compensation for your active efforts and contirbution to the success of this transaction.

You can catch more of the story on This website below or you can watch more of CCN or BBC to get more news about my boss.

http://www.mosnews.com/mn-files/khodorkovsky.shtml
http://www.mbktrial.com/
http://news.bbc.co.uk/1/hi/business/3213505.stm
http://www.themoscowtimes.com/stories/2005/04/11/041.html
http://www.nndb.com/people/633/000025558/

If you are interested, please do indicate by providing me with your confidential telephone number, fax number and email address and I will provide further details and instructions. Please keep this confidential as we cannot afford more political problems. Please do send me your response as soon as possible via my personal email :[email protected] OR [email protected].

look forward to it.
Regards,
Larisa Sosnitskaya

Seems like pretty good evidence to me…where do I send the check?

**That’s right, evolution. Sit on it, Potsie.


George Dyson visits Google on the 60th

George Dyson visits Google on the 60th anniversary of John von Neumann’s proposal for a digital computer. A quote from a Googler โ€” “We are not scanning all those books to be read by people. We are scanning them to be read by an AI.” โ€” highlights a quasi-philosophical question about Google Print…if a book is copied but nobody reads it, has it actually been copied? (Or something like that.)


Our short national nightmare is over, Harriet

Our short national nightmare is over, Harriet Miers has withdrawn her nomination for the Supreme Court (her letter). However, our long national nightmare still has 1181 days to go.