[time-nuts] Data Professionals Press Release
Charles P. Steinmetz
charles_steinmetz at lavabit.com
Sun Dec 12 11:06:27 UTC 2010
I wrote:
>>Intellectual property rights do not just evaporate or return to the
>>public domain when a company disappears -- SOMEONE owns them
Poul replied:
>Actually, they do evaporate if nobody defends them.
Yes and no (under US law). If someone openly and notoriously
infringes IP rights for a significant period of time, some remedies
may be foreclosed if the rights holder does not have a good
explanation for not defending them. But a rights holder almost never
loses all rights, and the retained rights are often sufficient to
make life at least somewhat uncomfortable for the infringer going
forward. Furthermore, any such diminution of rights is not automatic
-- one can never be certain of it until a controversy arises and a
court renders judgment (i.e., you have to pay to see the rights
holder's hand, just as in poker), and this is one of the areas of US
IP law where there are significant inconsistencies from one case to
the next -- so it is very hard for even experienced practitioners to
predict outcomes.
Best regards,
Charles
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