Archive for: June, 2007

Marysia is not Marusia

June 24th, 2007, Tomasz Rychlicki

Czterej Pancerni i Pies (Four tank men and a dog) is a cult series in Poland. See imdb.com website and the intro clip posted below.

Today, I read an article about famous Polish pop singer Maryla Rodowicz being involved in a civil suit which was brought against her by Aleksandra Przymanowska, wife of Janusz Przymanowski – the author of a book and TV screenplay. Rodowicz has recorded a song Marusia (MP3 file format). The title of this song was also a name of a woman’s character from the mentioned TV series, a Russian nurse, played by Pola Raksa, JPG file, who was a girlfriend and later on a wife of a main character, Janek Kos. Mrs. Przymanowska claims that Maryla Rodowicz who made a contested music video of this song (it is a pity I didn’t find it) is allegedly ridiculing the TV series and Marusia’s character (who was younger and slimmer then Maryla Rodowicz and generally acted as a paragon of beauty for many generations). Mrs. Przymanowska also demands 130.000 PLN in damages and moral loss. I await a judgement in this case and I admire that Maryla Rodowicz put her songs on marylarodowicz.pl website to download for free.

Update on September 19, 2007.
Warsaw’s District Court ruled today that the use of 180 seconds of the Czterej Pancerni i Pies movie in Maryla’s music video was inspiration and it did not infringe any rights. The judgement is not published yet.

Update on October 11, 2007.
Finally, I have found the questioned movie clip. Now, you can watch it for yourself.

How to negotiate with crackers

June 19th, 2007, Tomasz Rychlicki

About two months ago, two releases named Harrison.Digital.Media.Salvation.v1.00-BB3D (nfo file) and Harrison.Digital.Media.Salvation.MX.v1.0-BB3D (nfo file) were preed on the warez scene. Trey Harrison is the creator of these programs, correctly named Harrison Digital Media Salvation. He has used third party “effective” technological protection measure, known as Armadillo Software Passport to secure his products against illegal (i.e. without a valid license agreement) use. You may read an article at torrentfreak.com website how he negotiated with crackers to stop future cracking and distribiution of his work.

For all of you interested in this subject matter I recommend to read the article of Goldman, Eric, “Warez Trading and Criminal Copyright Infringement” (January 7, 2004). Available at the SSRN: http://ssrn.com/abstract=487163. I do not want to sound immodest but additionaly, I’d like to suggest you to read my article. T. Rychlicki, “Crimes Violating Intellectual Property Laws. The Modus Operandi Of The Warez Scene”. Computer and Telecommunications Law Review, 2006, 12(1), 27-31. Sweet and Maxwell, London. I’ll try to put it on the SSRN as soon as it is possible. Meanwhile, it is available at westlaw.com.

EPO’s case law

June 17th, 2007, Tomasz Rychlicki

The fifth edition of the Case Law of the Boards of Appeal of the European Patent Office has been published. Over a period of 27 years the EPO’s Boards of Appeal have settled more than 21 000 cases, while a total of 85 decisions and opinions issued by the Enlarged Board of Appeal have helped clarify legal points of fundamental importance. This comprehensive report incorporates decisions up to the end of 2005, as well as the most important decisions issued in the first half of 2006.

The book, which is available in English, French or German, can be purchased via the EPO’s website at a price of EUR 42. It can be also downloaded in the electronic form from epo.org website, PDF file.

A tangible document from RAM

June 15th, 2007, Tomasz Rychlicki

When I read some of U.S. judgements I immediately loose my faith in ideas covered by the judge-made law doctrine. I had such feelings when I read opinion in the case Columbia Pictures Industries et. al v. Justin Bunnell, No. CV 06-1093 FMC(JCx) (D. Cal. May. 29, 2007). It was issued by Judge Jacqueline Chooljian. She is appointed as a Magistrate Judge since January 6, 2006 and admitted in California since 1986. During this time she was involved in deciding almost 700 cases where about sixty of them were copyright related. Unfortunately, those information is insufficient for me to understand how can you decide that RAM is a “tangible document” that can be stored and must be turned over in a lawsuit. More comments about this case and a link to the judgement are available at zdnet.com website.

The TOS are not so absolute

June 9th, 2007, Tomasz Rychlicki

A very important judgement in Bragg v. Linden Research, Inc., 2007 U.S. Dist. LEXIS 39516 (D. Pa. 2007). Comments on this case and its original text are available at slashdot.org website. I talked to Carey Lening about it two days ago and I agree with her that the ruling will be reversed during the appelation. As an additional read I recommend you an article by R.D. Kunkel, “Recent Developments in Shrinkwrap, Clickwrap and Browsewrap Licenses in the United States“, Murdoch University Electronic Journal of Law, Volume 9, Number 3, September 2002.

The talking cat

June 7th, 2007, Tomasz Rychlicki

Sometime ago, I read a judgement in Miles v. City Council of Augusta, 551 F. Supp. 349 (D. Ga. 1982). A subject matter of this case and Judge Bowen’s comments included in footnote 1 induced me to dedicate this post to a person I know. Jeremy Phillips is my friend, mentor and a big authority, not to mention that he is also co-author and creator of the famous ipkat.com blog.

In ruling on the motions for summary judgment, the Court has considered only the evidence in the file. However, it should be disclosed that I have seen and heard a demonstration of Blackie’s abilities. The point in time of the Court’s view was late summer, 1982, well after the events contended in this lawsuit. One afternoon when crossing Greene Street in an automobile, I spotted in the median a man accompanied by a cat and a woman. The black cat was draped over his left shoulder. Knowing the matter to be in litigation, and suspecting that the cat was Blackie, I thought twice before stopping. Observing, however, that counsel for neither side was present and that any citizen on the street could have happened by chance upon this scene, I spoke, and the man with the cat eagerly responded to my greeting. I asked him if his cat could talk. He said he could, and if I would pull over on the side street he would show me. I did, and he did. The cat was wearing a collar, two harnesses and a leash. Held and stroked by the man Blackie said “I love you” and “I want my Mama.” The man then explained that the cat was the sole source of income for him and his wife and requested a donation which was provided. I felt that my dollar was well spent. The cat was entertaining as was its owner. Some questions occurred to me about the necessity for the multiple means of restraint and the way in which the man held the cat’s paw when the cat was asked to talk. However, these are not matters before the Court and are beyond the purview of a federal judge. I do not know if the man whom I saw with the cat was the plaintiff Mr. Miles.

This sequence has not been considered as evidence or as an uncontroverted fact in the case. It is simply stated for the purpose of a disclosure to the parties of the chance contact.