Intellectual Property

James Watson, Discoverer of DNA: Patenting Human Genes Is “Lunacy”

By Sandra S. Park, ACLU Women's Rights Project at 12:11pm

Recently, Dr. James Watson filed an amicus brief opposing gene patents in our lawsuit challenging the patents on two human genes associated with hereditary breast and ovarian cancer. Dr. Watson, along with Francis Crick, identified DNA’s ability to create life through its double helical structure and its information-coding sequences in 1953. His brief explains why, from the perspective of a scientist whose work laid the foundation for all genetic research, gene patenting is “lunacy.”

Remembering the Real Purpose of Patents

By James Evans, Bryson Distinguished Professor of Genetics and Medicine, University of North Carolina - Chapel Hill School of Medicine at 10:44am

James Evans, MD, PhD is the Bryson Distinguished Professor of Genetics and Medicine at the University of North Carolina Chapel Hill School of Medicine. He was a member of the advisory committee to the U.S. Secretary of Health and Human Services on Genetics, Health and Society and spearheaded that committee's task force investigating gene patenting and its effect on patient care. He also filed an amicus brief in the ACLU's challenge to gene patents.

The Biggest Threat to Free Speech and Intellectual Property That You’ve Never Heard Of

By Sandra Fulton, ACLU Washington Legislative Office at 3:22pm

As we have seen in the failed attempts of SOPA/PIPA, and the floundering Anti-Counterfeiting Trade Agreement, intellectual property (“IP”) laws are often poorly constructed, hastily proposed and ultimately both ineffective and potentially abusive.

ICE Domain Name Seizures Threaten Due Process and First Amendment Rights

By Agatha M. Cole at 4:54pm

Guest blogger Agatha M. Cole is a J.D. candidate, Cardozo Law School, Class of 2013

The ongoing controversy surrounding domain name seizures under "Operation In Our Sites" seems to be reaching new heights. DHS launched Operation In Our Sites in 2010 to combat online piracy and the proliferation of counterfeit goods on the Internet. Since then, Immigration and Customs Enforcement (ICE) has shut down over 758 websites allegedly involved in the sale or distribution of counterfeit goods or illegal copyrighted works.

Selling Drugs and the First Amendment

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:46pm

A few folks have asked me about the recent Second Circuit decision in United States v. Caronia, in which the court found that criminalizing the promotion of “off-label” pharmaceutical uses by a drug company sales representative violated the First Amendment. I cover a lot of commercial speech issues in the legislative context, so let me try to explain why I think the decision is probably right (“probably” being the operative term), and significant.

Megalawsuit Against BitTorrent Users Threatens Due Process

By Rachel Myers, ACLU at 4:56pm

Time Warner Cable recently asked a federal court to quash subpoenas it received seeking the identities of thousands of its customers. The subpoenas came as part of several lawsuits filed by members of the movie industry who allege the individuals downloaded certain movies using BitTorrent.

The lawsuits were all filed by the Washington, D.C., law firm "U.S. Copyright Group" (USCG). Six virtually identical lawsuits have been filed already in D.C. implicating thousands of individuals, and numerous subpoenas have been issued to Internet service providers (ISPs) seeking the names and addresses of users who allegedly downloaded certain movies. Several ISPs have complied, but Time Warner Cable moved to quash the three subpoenas it received.

Get Ready for A Scintillating Discussion on the Finer Points of IP and Foreign Trade Policy

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 12:34pm

So, Wednesday, I’ll be participating in an “Ask Me Anything,” or AMA, discussion on Reddit.  It amazes me that folks are even interested, but the topic will be the Trans-Pacific Partnership Agreement (“TPP”). 

An International SOPA?

By Sandra Fulton, ACLU Washington Legislative Office at 3:51pm

While the Internet community came out in force to protest the free speech and privacy threats posed by the PROTECT IP Act (PIPA) and the Stop Online Piracy Act (SOPA), an international trade agreement with the same stated goals—and potentially greater threats—was being negotiated behind closed doors. While the First Amendment can be served by intellectual property protections that incentivize content creation, IP laws can easily be misused. Like PIPA and SOPA, the Anti-Counterfeiting Trade Agreement (“ACTA”) is another misguided and overbroad attempt to crack down on counterfeiting and piracy over the Internet. There has been excellent analysis of the issue by sources including EFF, Tech Dirt and Ars Technica, but we have also been watching this issue and wanted to summarize what’s at stake.

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