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November 18, 2006

Canon’s EOS-1D an example of all-controlling IP?

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There’s no doubt that the matter of intellectual property has become more prominent in the age of the internet now that some products — like music — have begun to lose their physical properties entirely. This shift has led to an increase in use of licenses designed to protect the IP of certain goods; so when you buy a song from the majority of online music services, that purchase is often accompanied by an agreement between you and the creator of the music. Some argue that manufacturers of electronic products have gone too far with their licenses, an opinion aired over at an article in The New Republic. One particular example of outlandish licensing agreements is that of Canon’s EOS-1D which includes a separate agreement related specifically to the software that runs on the camera — effectively the consumer does not own the software that keeps the camera running; he or she is instead licensed the right to use it. One clause of the disclaimer actually removes Canon’s obligation to service or repair the camera if the software fails. These kind of agreements aren’t completely watertight: courts can invalidate licenses if the company tries to impose excessive limits, the problem is that often they choose to favor companies over the individuals because it is felt that protection is required for fast moving areas like software design. Ultimately though, the threat of aggressive IP will never overrule the consumer’s killer wallet-closing combo move. If consumers are unfairly restricted by certain companies, isn’t it logical to assume that people won’t buy that company’s products anymore?

[Via Against Monopoly]

 

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July 28, 2006

EU investigating HD DVD, Blu-ray licensing terms

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Both high definition optical disc formats have already seen their share of setbacks in the form of delays and hardware problems, and now they may be facing some nasty anti-trust allegations pending the results of a recently-launched EU probe. Having already flexed its authoritative muscle against Microsoft, the European Commission has now moved on to investigating the terms that the major backers of Blu-ray and HD DVD are exerting upon their respective licensees. Since the investigation is still “unofficial” at this point, the Commission refused to specify the particular companies being probed, although Sony publicly confirmed that it has received one of the letters in question and that it’s cooperating with regulators. If these same regulators decide that nothing fishy is going on, then the matter will be dropped; but if they’re displeased with the responses they get, a full anti-trust probe is likely. Best case scenario: only one of the camps ends up being subjected to further scrutiny, leaving the other as clear-cut victor in the format war and saving us all the hassle of choosing sides.

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