Wednesday, December 29, 2010
Best of the Year 2010
UMC/UW's "Love, Curse, Suicide". This indigenous Korean rapper's third album tops my list, not only in terms of its playtime on my ipod but also its impact on my writing habit.
2. Movie of the Year
부당거래 (Unjust Deal). This movie reminded me of the unjust reality of Korea in 2010, which is a deja vu of Korea ten or 20 years before. It also makes you hope you don't mess with THEM.
3. Book of the Year
진보집권 플랜(Presidential Election Plan for the Progressive). Professor Kuk Cho explains why the progressive side lost power in the last presidential election and how they will regain the power. But the plan is not focused on the short-term election strategy. Professor Cho suggests that the progressive side set up a long-term plan for making the country better. Lack of long-term plan was the shortcoming of the progressive side. This book made me thought about the past decade of Korea in a different angle.
4.Website of the Year
IP Law Observer (http://iplaws.co.kr). What else but my own website that I set up in October?
5. Artist of the Year
Daniel Castan. He is the most impressive stylist I got to know in 2010.
6. Personal Event of the Year
I started to attend a dessin class.
7.
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Sunday, December 05, 2010
Dessin: Crouching Man
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Sunday, November 28, 2010
Vacuum Flask
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Saturday, November 27, 2010
Todays' swimming
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Sunday, November 21, 2010
KO of the Year: Martinez v Williams
The Knock-Out of the year 2010 is Martinez v Williams II.
Martinez LEARNED Williams in the first round. In the second round, he made a predicting blow to Williams' chin.
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Thursday, November 18, 2010
Monday, November 15, 2010
Thursday, November 11, 2010
Tuesday, November 09, 2010
Ideas are rampant
http://techcrunch.com/2010/11/08/lawpivot-closes-angel-round-for-quora-like-startup-legal-advice/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Techcrunch+%28TechCrunch%29&utm_content=Google+Reader
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Wednesday, October 20, 2010
Notice of moving
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Wednesday, October 13, 2010
Blizzard send Cease and Desist Letter to KeSPA
Cease and Desist Letter
According to a news dated 12 Oct., Gretech (Blizzard's exclusive licensee in Korea w/r/t Starcraft and Starcraft II) sent a cease and desist letter to KeSPA (Korea eSports Association).
It is reported that Gretech warned the KeSPA that if the KeSPA opens the next season of the ProLeague (team league of Starcraft), Gretech will break away from any negotiations that are being carried out.
Negotiation between Gretech and KeSPA
So, obviously Gretech and KeSPA has been negotiating the terms of licensing of intellectual property in and of Starcraft for use in the ProLeague.
The problem seems to be that the KeSPA announced the opening of the next season of the ProLeague without completing the negotiation, and of course without consent of Gretech.
Threat of Legal Procedures
Further, Gretech warned that, should the KeSPA opens the ProLeague despite the cease and desist letter, it would initiate legal procedures against the KeSPA.
Who Cares ProLeague, BTW?
From lawyers' point of view, the unraveling of the disputes b/w Gretech and the KeSPA is interesting. But from business point of view, Gretech is already making the playing field skewed hugely in favor of itself.
GSL (Global Starcraft II League) is already making meaningful success. A number of renowned Starcraft pro players are converting to Starcraft II. SLayerS_'BoxerR' (Lim Yo Hwan, 임요환), [ReD]NaDa (Lee Yoon Yul, 이윤열), July[z-zone] (Park Sung Joon, 박성준), to name a few.
To add salt to injury to the KeSPA, a couple of teams are disbanded. First, E-Stro announced the dissolution of the team several days ago. CJ Entus and Ongamenet Sparkies are merging, which in fact means dissolution of one team.
Fans are suspecting that pro players of Starcraft are practicing Starcraft II surreptitiously outside the oversight of the KeSPA.
Anyhow, big players are leaving Starcraft. Big teams are disappearing.
Who cares the ProLeague?
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Tuesday, September 21, 2010
Travel to Tokyo from Sep 22 to Oct 2
This is my first travel to Japan. Funny. I've been to a number of remote countries, but not to Japan and South East Asian countries.
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Effort (Kim Jung Woo) announced retirement
NO.1 뉴미디어 마이데일리 (Korean news source)
[News] Effort announces his retirement (Team Liquid news)
Pro-gamer Kim Jung Woo (better known as Effort in gaming world) announced a sudden retirement on 20 September 2010. He is the champion of the 2010 Korean Airline Star League Season 1. He is the only pro-gamer who beat the dominating Flash (Lee Young Ho) at a final of any starcraft individual league for the last one and a half years.
His retirement follows that of [Red]NaDa (Lee Yun Yeol a.k.a. the "genius"). [Red]NaDa announced that he will convert to a StarCraft II player. Many expect that more old-generation pro-gamers will change to StarCraft II.
Is the series of retirement/conversion of StarCraft pro-gamers a precurser of changing geography of the pro-gaming scene of Korea? I think so. StarCraft II is taking up StarCraft's playing ground more rapidly than many thought. Making the matters worse for StarCraft, StarCraft gaming competition held by KeSPA (Korean e-Sports Association) is only viable as long as Blizzard is extending the grace period for using its intellectual property.
Music Sponsorship - so called
Sponsorship covers costs of Mariah Carey's latest album - Springwise
Copyright laws around the world are changing. Faster changing than copyright laws are the copyright business. There are several books out there that predicts the demise of century-old business model of the recording industry.
Music sponsorship is one of the candidate model which will shoulder out the old model.
Music Sponsorship
"Music sponsorship" is a new term that has not been fixed as an industry standard phrase. Under the music sponsorship, somebody sponsors (gives money or something equivalent) a music and listeners listen to the music for free.When sponsoring a music, the sponsor's sponsorship is split in halves and distributed to the composer and the recording studio (which will pay royalty to the performing artists).
Music sponsorship is operating under the copyright law status quo. But it has the potential of changing the music industry geography. Why is it?
Music as pure art is done
Think about this. It is an anthropoligical issue. When did people start to listen to music as pure art? When will people stop listening to music as pure art?
It has not been for long since people listened to music as a solemn art that requires quiet audience. For the majority of the human history, music has been part of something bigger. i.e., festival, party, war, etc. For a brief period of time, music has taken the status of pure art. The short period of time has nearly ended. We are living in a world where music is not treated as pure art any more. Music is treated as part of something else, i.e., cellphones, commercials, movies, Starbucks, etc.
In the world where music is not a pure art, people aren't willing to pay for music per se.
Thursday, September 09, 2010
Draft: Starbucks must pay for the music
Another court decision granted today is KOMCA v. Starbucks. (Korean courts don't name cases like that, though) :)
KOMCA is the Korea Music Copyright Association, and it represents right holders of musical composition.
Sound recording association is the Korean Association of Phonogram Producers (KAPP)
There used to be the Music Industry Association of Korea (한국음악산업협회), but it was practically succeeded and replaced by the Korea Music Content Industry Association (KMCIA)
1. The Industry Practice
Starbucks has not been paying for the music it has been playing at its stores.
"스타벅스 실내 음악료 내라" > 사회.전국 > 전국 :: 한경닷컴 ::
스타벅스는 음악 CD를 이용해 매장에서 음악을 틀었다. 스타벅스는 그동안 음반을 구입해 사용하면 저작권 법상‘판매용 음반’에 해당돼 국내 저작권자의 허락을 별도로 받지 않아도 된다고 주장했다.
Starbucks played music at its stores using CDs it purchased and didn't pay for the public performance of the music. The argument of Starbucks was that purchased CDs are "CDs for sale" under the Korean Copyright Act and therefore no need for getting permission from the right holder in Korea.
2. Lower court ruled for Starbucks
"스타벅스 실내 음악료 내라" > 사회.전국 > 전국 :: 한경닷컴 ::
1심 재판부도 스타벅스의 주장을 받아 들여 저작권자에게 패소판결을 내렸다.
The district court (court of first instance) agreed with Starbucks.
2. Appeals court disagreed.
The appeals court overturned the first court's decision.
"스타벅스 실내 음악료 내라" > 사회.전국 > 전국 :: 한경닷컴 ::
재판부는 “스타벅스가 매장에서 CD를 재생하는 행위는 저작권(공연권)을 침해하는 행위”라며 “스타벅스는 원고가 신청한 음악저작물을 영업장에서 사용해서는 안된다”고 판단했다.
The court opined, "Starbucks' playing of CDs at its stores [without permission] infringes upon the public performance right of the right holder. ... Starbucks should not use the musical work of rights at its stores [without permission]."
4. Court's interpretation
인터뷰 : 손철우 / 서울고등법원 공보판사
- "이 사건 CD는 판매용 음반에 해당하지 않고, 음악저작물에 대한 공연권을 인정하기도 어렵다는 이유로 저작권 침해를 인정한 사례입니다.Sohn, Chul-Woo, Speaker for the Seoul High Court
The court acknolwedged copyright infringement because the CDs at case are not "CDs for sale" and the public performance rights for musical work of arts cannot be recognized."
The statement by Mr. Sohn is quite strange to me. I think he spoke in reverse of what he wanted to say. I will clarify this point after I read the case.
5. Right to Lawsuit
There is an interesting distinction made by the court
재판부는 그러나 `콘시에르토 드 아랑후에스'(Concierto de aranjuez) 등 4곡에 대한 저작권 금지 청구에 대해서는 "협회가 저작재산권자에게서 이들 음악에 대한 공연을 허락할 권리를 부여받았을 뿐 저작재산권을 신탁받은 것은 아닌 만큼 소를 제기할 권한이 없다"며 각하했다.
The Association is only granted the right to permit public performance and was not entrusted with the copyright on four songs (i.e., Concierto de aranjuez). Therefore, it does not have the standing to bring an infringement suit on the four songs.
Will bring more detail on the case.
Court bans Cable TVs' rebroadcasting of TV programs
1. The news
Seoul Central District Court (서울중앙지법) rendered a decision on September 8, 2010, banning Cable TVs' simultaneous rebroadcasting of TV programs.
As an industry practice (meaning it is highly likely illegal), Cable TVs have been rebroadcasting TV programs simultaneously.
2. The law
Article 84 of the Korean Copyright Act provides,
A brodcasting organization ahs the right to reproduce its broadcast.
Article 85 of the Korean Copyright Act provides,
A broadcasting organization has the right to simultaneously rebroadcast its broadcast.
The black letter law is that Cable TVs should get permissions from over-the-air TV stations to simultaneously rebroadcast their broadcasts.
3. Nothing new
So, yesterday's decision adds nothing new to the black letter law. But it changes the industry practice. Seeing that the district court's decision will not likely be overturned by higher courts, cable TVs have no choice but to negotiate with over-the-air TV stations for permission to rebroadcast.
4. Industry practice
According to an article, about 10 million people are subscribint to cable TVs in Seoul. Considering that the population of Seoul is about 10 million, almost all Seoulites are subscribing to cable TVs.
There are about 80 cable channels available, and a big portion of the programs are either simultaneous or recorded rebroadcasting of over-the-air broadcasts.
Will look at more data on this.
5. Resources
For information on cable TVs in Korea, see the Korea Cable Television & Telecommunications Association (KCTA) here.
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Monday, September 06, 2010
Commentary on TRIPS
The job is almost 1/3 done. (shame on me) In the mean time, ACTA is nearing the final stage. Should I finish TRIPS commentary and ACTA commentary altoghether in parallel?
By the way, the TRIPS commentary will be published in e-book format.
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Sunday, September 05, 2010
Serial Thought on Golden Slumber
Densha Otoko (電車男, 전차남)
Densha Otoko (the main male character) is another ordinary Japanese guy who is shy and is close to being a Hikikomori. When the Hermes girl (the main female character) was threatened by a drunken man on a subway, Densha Otoko stands up against the drunken man with the courage he could pull out once in his life. Thanks to the exceptional courage, he could date the Hermes girl.
Throughout the course of the date, Densha Otoko gets advice from his friends on the Internet. The friends have never met Densha Otoko but they are all helpful from the bottom of their hearts.
The value that runs through the entire series of the drama Densha Otoko is the manly courage (that Japanese guys have lost long ago) as well as trust, love and support from friends (even when they have never met).
Kamome Shokudo (かもめ食堂, 갈매기 식당)
I see similar elements being the theme of Kamome Shokudo.
Kamome Shokudo is a story of a few Japanese women, starting a Japanese restaurant in Finland. Finland is a very remote country from Japan. I think there is some reason for using Finland as the locale.
Anyhow, the ladies overcome many difficulties encountered in the early stage of restaurant management through friendship, trust and love.
I can list several other examples more, but I'll stop here.
I find it very interesting that Japanese movies and TV dramas use trust, love, friendship, courage and other traditional values as underlying theme.
There seems to be a consensus among Japanese people on what they lost and do not have any more. What they don't have, do they long for.
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Golden Slumber - a Japanese movie
What they don't have and what they wish to have.
"Golden Slumber" is a Lee Harvey Oswald story staged in Sendai, Japan, from the perspective of an honest and righteous young man who is framed to have assassinated the prime minister.
Aoyagi is a young Tak Bai (UPS) driver living his life diligently as other ordinary Japanese citizens do. One day, he got trapped into a plan of prime minister assassination. Immediately after the successful assassination, he was designated as prime suspect.
For over two hours of the running time, he is helped by his friends, a serial killer, a fake patient, and others to save himself.
What caught my thought was that this movie is in line with other Japanese movies that uses TRUST, LOVE, MEMORY, FRIENDSHIP as main elements of the story.
What Japanese people are believed to lack are TRUST, LOVE, MEMORY AND FRIENDSHIP. What they lack, do they long for.
What Koreans are believed to have much are TRUST, LOVE, MEMORY AND FRIENDSHIP. They want to see betrayal of TRUST, LOVE, MEMORY AND FRIENSHIP.
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Thursday, September 02, 2010
REBLANK - Giving a second life to used goods
It gives second lives to used goods by redesigning the form and use.
Values are added when REBLANK designers creates new shapes and uses from old products.
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Intellectual Ventures losing money?
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Valuing Patents and Litigation
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Pirate Bay Documentary Reaches Fundraising Goal
http://www.zeropaid.com/news/90473/pirate-bay-documentary-reaches-fundraising-goal/ I wonder is Soribada makes a good topic for a documentary. |
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Wednesday, September 01, 2010
How Are We Gonna Pay These Musicians
Will LSIP do the trick?
Back from Summer Vacation
Tuesday, August 17, 2010
Advanced Contract and Opinion Practices Under the Cape Town Convention
Notable fact is:
Already there have been nearly 100,000 registrations in the International Registry and much experience has been gained from the large number of transactions in which contracting parties and practitioners have been involved.
BTW, whatever happened to the Google Books copyright infringement lawsuit?
Monday, August 09, 2010
퍼블릭 도메인 마크 by Creative Commons
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러시아의 코로나 확진자 증가 추세
연해주 지역은 9월만 해도 코로나 신규 확진자 수가 60명대로 떨어져서 조만간 종식되는가 했었는데, 10월 되니까 숫자가 다시 늘어나고 있다. 10월 19일에는 115명이 신규 확진. 3명 사망. 러시아 전체로는 신규확진자가 10.19일에 15,98...
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오랜만에 누나네 집에 왔다. 블루마블이랑 윷놀이를 하다 보니 자정이 지났다. 결국 새해는 보드게임과 같이 맞이하게 된 셈. 조카들이 블루마블을 아주 좋아하는데 평소에는 같이 할 사람이 없다. 둘이서만 하면 재미 없는데 부모들이 블루마블을 그닥 좋...
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Will LSIP do the trick? How to finance from intellectual property has long been on the desk of IP policy makers. IP rights have mostly been ...
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나는 현역 시절의 황선홍의 플레이를 좋아했다. 그의 플레이는 진정 창의적이었다. 창의력으로 따지자면 차범근도 넘어서는 정도이다. 언젠가의 인터뷰에서 황선홍은 마인드 게임의 중요성을 강조했다. 머리 속에서 플레이를 상상하면서 연습 하는 것이다. 똑같은...