Danish University And Industry Work Together On Open Science Platform Whose Results Will All Be Patent-Free

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Here on Techdirt, we write a lot about patents. Mostly, it's about their huge downsides -- the stupid patents that should never have been awarded, or the parasitic patent trolls that feed off companies doing innovative work. The obvious solution is to get rid of patents, but the idea is always met with howls of derision, as if the entire system of today's research and development would collapse, and a new dark age would be upon us. It's hard to refute that claim with evidence to the contrary because most people -- other than a few brave souls like Elon Musk -- are reluctant to find out what happens if they don't cling to patents. Against that background, it's great to see Aarhus University in Denmark announce a new open science initiative that will eschew patents on researchers' work completely:

The platform has been established with funds from the Danish Industry Foundation and it combines basic research with industrial innovation in a completely new way, ensuring that industry and the universities get greater benefit from each other's knowledge and technology.University researchers and companies collaborate across the board to create fundamental new knowledge that is constantly made available to everyone -- and which nobody may patent. On the contrary, everyone is subsequently freely able to use the knowledge to develop and patent their own unique products.

The idea of collaborating in such a patent-free zone has aroused enormous interest in industry and among companies that otherwise use considerable resources on protecting their intellectual property rights.

In this project, you will find minutes from the Open Science meetings, current status of the initiative, general presentations etc. More importantly, this project has links to the individual activities and research projects under Open Science. In these projects, the research progress, lab journals and more are found.

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Lawyer: Yahoo Lost Sec. 230 Immunity Because It Didn't Hand Over Personal Info; Court: GTFO

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Sometimes litigants start out with a good case... or at least a credible one. Then they ruin it by getting creative. The day-to-day work of adjudicating may be a bit dry, but novel legal arguments rarely provide anything more than entertainment for bystanders.Lawyer and author Thomas Hall originally sued three individuals for alleged online harassment. According to his first complaint, Hall had drawn the ire of supposed white supremacists who bombarded him with hundreds of "threatening and disparaging emails." Hall sought a restraining order against the three defendants, but apparently needed a bit more personal info before he could get that order approved. [via Eric Goldman]That's when he got creative. Having received no help from Yahoo in identifying the people behind the alleged harassment campaign, Hall decided to sue Yahoo as well. That's when the case went from credible to WTF. From the decision [PDF]:

On August 29 2014, Hall filed the instant action against Lund, Jessop, and Dunk for intentional infliction of emotional distress, libel, false light invasion of privacy, and invasion of privacy. In addition to those named or identified in the previous harassment action, Hall named as a defendant derHoaxster@gmail.com (derHoaxster), and alleged that derHoaxster had “published multiple statements disparaging Plaintiff as dishonest in his law practice and in his personal life.” Hall also named Yahoo as a defendant, based on allegations that Yahoo had published or republished threatening and defamatory statements made by Lund, Jessop, Dunk, and derHoaxster.

On July 17, 2015, Hall filed a first amended complaint (FAC) that included the same causes of action alleged in his initial complaint as well as a new fifth cause of action against Yahoo for intentional interference with contract. In the new cause of action, Hall alleged that Yahoo had flooded his America Online (AOL) email account with more than 2000 emails denigrating AOL’s services. Hall’s FAC also alleged that Yahoo was not shielded by the CDA because Yahoo had failed to identify the users of the screen names who had posted defamatory statements about him, and that Yahoo itself was the “content provider” of those statements.

Hall opposed the demurrer and anti-SLAPP motion, arguing that Yahoo was not shielded from liability under the CDA because it had not provided, in response to Hall’s discovery requests, telephone numbers for the users of the screen names “pddunk@yahoo.com” and “derHoaxster@yahoo.com.”

Hall’s argument that Yahoo was required to identify the persons who posted the objectionable content by providing the names, addresses, telephone numbers, or other identifying information for such persons is legally unsupported. The CDA contains no such requirement, and Hall cites no authority that construes the statute to impose such a requirement. Delfino v. Agilent Technologies, Inc. (2006) 145 Cal.App.4th 790 (Delfino), a case on which Hall relies, undermines rather than supports his position. The court in Delfino concluded that because “there was no evidence that Agilent [the interactive computer service provider] played any role whatsoever in ‘the creation or development’ of” the objectionable content that was the subject of the action, it clearly satisfied the third element required for a finding of CDA immunity. (Id. at p. 807.) Here, there was undisputed evidence that Yahoo was not responsible, in whole or in part, for the content of the emails and posts that are the subject of Hall’s claims. The trial court accordingly did not err by granting the anti-SLAPP motion.

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