MESSAGE
| DATE | 2015-09-08 |
| FROM | Rick Moen
|
| SUBJECT | Re: [NYLXS - HANGOUT] Copyright Wars - Chicken Sandwich
|
Quoting Ruben Safir (mrbrklyn-at-panix.com):
> SmartNews Keeping you current
> U.S. Court Says A Chicken Sandwich Can’t Be Copyrighted
> Man claims intellectual property theft for putting chicken on a bun.
> chicken sandwich
> (Michael Harrison Photography/the food passionates/Corbis)
> By Danny Lewis
> smithsonian.com
> August 31, 2015
Article makes a few good points about copyright -- but there's a
big problem. Guess?
(Actual article URL is:
http://www.smithsonianmag.com/smart-news/us-court-says-chicken-sandwich-cant-be-copyrighted-180956452/ )
So, article says that plaintiff Norberto Colón Lorenzana claimed
copyright over both the "recipe" of the Pechu Sandwich and the name of
the item itself. Author Lewis points to an earlier Ars Technica piece
on the lawsuit, and also links to the appellate decision by U. S.
District Court for the District of Puerto Rico. Latter is:
https://s3.amazonaws.com/s3.documentcloud.org/documents/2299423/gov-uscourts-prd-null-null-0.pdf
And what does the judge's decision state _right_ up at the top?
TRADEMARK
Decision states, in part:
The action arises under Title 15, United States Code, Sec. 1120 and
its jurisdictional counterparts 15 U.S.C § 1121, and 28 U.S.C. § 1331.
Hey, guess what 15 U.S.C. 1120, 15 U.S.C. 1121, and 28 U.S.C. 1331
concern? Anyone? Anyone? Bueller?
That's right: trademark
So, guess what, campers? Not a friggin' copyright case.
--
Cheers, In time of crisis, people do not rise to the occasion;
Rick Moen they default to the level of their training.
rick-at-linuxmafia.com
McQ! (4x80)
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