Thursday, July 31, 2008

The muse strikes twice

Patently-O had a recent post on the "simultaneous invention" factor, which evoked the Lemley-ism found in the March 08 New York Times ("Edison"). Note text from Editor&Publisher in the recent [alleged] plagiarism case involving a political cartoon:

Jim Hope was accused, in a cartoon submitted July 22, of nearly copying a July 21 cartoon by Nate Beeler of the Washington Examiner. Both drawings showed bailed-out Fannie Mae and Freddie Mac tumbling from the sky as they ask a man on the ground labeled "taxpayers" to break their fall.

Hope, in denying the alleged plagiarism, was quoted as saying: "It just seems that the muse struck twice but at a different time and place.... I had no previous knowledge of Mr. Beeler's work till I was notified by the Star-Exponent.

"After locating Mr. Beeler's work, I was dumbfounded in the similarities. I contacted Mr. Beeler explaining to him the situation.... Mr. Beeler responded, stating, 'No worries, I'm surprised more people didn't use that image.'"


***Separately, a do-it-yourself infringement analysis

Doesn't That Song Sound Familiar? The Black Crowes Vs. Gretchen Wilson!

***
Of George Washington Carver:

"Henry Ford and Thomas Edison tried to lure him to their laboratories," Edgar A. Toppin wrote. "But Carver donated his discoveries to humanity, never seeking to patent, or profit from them." Related to the concept of obviousness, NOTE THE ASSERTION In his speeches and articles Carver blurred the distinction between creative discovery of new chemical syntheses and the production of items known to science or requiring no real scientific originality.

1 Comments:

Blogger Unknown said...

Hello,

I'm trying to find the complaint for the Black Crowes v. Gretchen Wilson case.

Does anybody know where I can find a copy of the complaint?

If not, can anybody tell me which court this complaint was filed in?

Thanks

9:48 AM  

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