The Traklight Blog

There's little love from the general public for the legal system, and less still for attorneys. For most, the law is something to be avoided, or suffered when you find yourself within its machinations; few share the view that it can be restorative, or can provide protection or remuneration for harm done to themselves or their property. And few do more to bolster the negative view of the legal process than patent trolls. Distinct from the parties that engage in good faith attempts to protect their intellectual property, patent trolls are simply looking to wield patents as a weapon, looking to make as much money from a flawed system as they can.

Much of what makes business what it is is the push and pull of competition and cooperation between different companies. The fiercest rivals can come to have common cause, and one business can come to rely upon another for its continued operation through the magic of licensing. Licensing is a necessary tool for all involved, a way for some companies to lawfully use the intellectual property needed for their products and others to earn a fair return on their creative work particularly in the case of smaller companies.

Outside of the major decisions that have far-reaching national impact, many of the cases that the Supreme Court deigns to hear can range from pedestrian to the downright dull to the interest of the average citizen. Broadly speaking, most people only concern themselves with the law only in so far as it relates to them and their personal lives, as well as the legal tenants that are understood and accepted on a societal level. Occasionally, though, news from the nation's high court turns up a case that draws interest beyond the devoted court observers, particularly if the case involves a pirate ship.

Intellectual property is the backbone of any business, as we are often preaching, and there are few bigger businesses in the world of sports these days than the athletes themselves. Far from the days when baseball players sold cars in the off-season, athletes are now brands unto themselves, complete with all of the trappings of any other big business. And part of that business is the branding — the names and sayings and logos that athletes can use to sell their merchandise, their social media presence, and themselves, in essence. And athletes are increasingly willing to zealously guard those aspects of their brand from misuse, even on the part of one of the few entities that might remain bigger than the players themselves.

If there is one thing that we have learned in this space, it is that brands don't take as kindly to puns, allusions or any other type of attempted tribute as those offering it might think. Many of us enjoy a clever play on words, but when there is a brand name and potential profits involved, entities tend to have less of a sense of humor than those of us without a stake in the matter.

We have written before about the potential problems posed by the new spate of copyright laws introduced in the European Union, and the way that their application could create more problems than they could hope to solve when it comes to trying to serve the people they mean to help (assuming that they aim to help the public at large.) Automated copyright filters might catch all of the potential infringers in the act of uploading the offending material, but it also catches far more than that, and innocent and unsuspecting users might get caught up in the process as well. And given that any governing body should strive to do the least harm in addition to prevent crimes as possible, it seemed that the new measures put in place would eventually find scrutiny from some governmental body or another.

The current era of content has proven difficult to navigate for many of the creators that take advantage of the platform that social media offers to all to make their voices heard, particularly for those working in the areas of education or critique. There has always existed a tension between artists and studios and those who base their own work off of the work of others, but there has never before been the means for such an escalation of the conflict between the two parties as exists now.

While most of the country only looks to the Supreme Court when matters of broad national importance are on the docket, it's worth observing the court on more under-the-radar issues that could still have a significant impact on businesses or individuals around the country. One recent case could have massive repercussions in bankruptcy cases for years to come.

Long, protracted legal battles are something that no company relishes, and can often end up causing as much harm as the harm they're meant to remedy for the plaintiff. Companies of course have to take the necessary steps to protect their intellectual property, but any business would just as soon not have to go to court, even if it is in defense of their IP. Even in instances of companies with devoted legal teams and the resources to afford an extended court case, there's no situation in which anyone would invite the headache involved.

The latest tool in the fight against IP infringement is technology, but it remains to be seen how effective those tools might be in that fight. Technology can be easy and efficient, but it can fail the test when it comes to things like judgement and intuition that humans (ideally) can do better. Machines looking at certain markers or data points aren't going to be able to render the same verdict on a photo or video as someone who can literally look at the entire picture, and understand context and nuance.

Where would we be without the suite of tools provided us by Adobe? This isn't an endorsement so much as an acknowledgement that the software they distribute plays a significant role in much of what we see and hear on the internet. Beyond the many professional applications of its editing and creative tools, we wouldn't have so many of the memes that we now enjoy without Photoshop, and what is the internet without memes?

Having recently traveled to the annual GLSA conference, I've been reminded of the importance of access to justice for those usually overlooked or marginalized by the expense and complexity of the legal process. In the case of individuals, it's those of moderate to low income who are left out, but businesses can also find themselves left out when legal issues arise. Lawyer's fees and other expenses associated with the legal process can be prohibitive to startups operating on a tight budget, and the temptation can be to try and skate by, hoping that any problems that might require a lawyer will simply pass you by.

Fighting piracy has proven to be one of the greatest challenges facing content creators in this century, and has proven troublesome ever since there existed the means to replicate the work of others. Creators lose billions collectively to piracy and theft, as too many others are all too willing to perpetrate a seemingly victimless crime. For many of the victims, legal action is the only means of redress against the injury done to them; given how hard it is to stamp out piracy once a work is disseminated online, even that can seem like an ineffectual tool against an overwhelming problem.

One truth about startups and innovation is that you need to build your product upon what is already there, to some degree. There are certain ideas that become accepted wisdom and certain things that are universally accepted features, and to go against those things would be setting yourself on an uphill path towards success. That accepted knowledge and common practice requires a certain communal spirit of cooperation; not exactly lifting one another up, but not pulling the ladder up behind you either.

You can read the first part of this post here.

When you’re starting your business, it’s natural to want to focus on the things that you want to do and accomplish and put some of the more tedious chores to the back-burner. You are the innovator, the dreamer, and what creative wants to be bogged down with the nitty-gritty of paperwork and forms and contracts? But in ignoring these details at the outset of your business, you could be placing your company’s long term future in jeopardy. Frequently, it isn’t the obvious threat that seems to be staring us in the face that does a business in, but a seemingly inconsequential oversight that can spell doom for a company. Here are some areas to pay attention to early, before they grow into larger problems.

Strong branding is the backbone of any successful company, particularly those looking to appeal and sell to consumers. Businesses want potential customers to know what they can provide and loyal patrons to know what they can expect and count on from the products and services they provide. As such, it behooves any company to take steps to protect their particular intellectual property and brand, and to be vigilant in protecting that brand against potential infringement or degradation at the hands of imitators or competitors. And occasionally, those measures can seem a bit ridiculous to the general public.

Most of us don't like to consider it, but risk is a fact of life. We take chances every day, some greater than others. None of us know what the future holds, and that can be a frightening thought. But consciously or not, we all find ways to try and mitigate that risk. We lock our cars and homes. We drive within a reasonable range of the speed limit. We exercise and visit the doctor to try to stave off illness. And yet none of these things can completely prevent us from falling victim to unfortunate circumstances Part of life is learning how to live with risk, and the same can be applied to the business world.

Intellectual property concerns and copyright law are big, important matters; we've preached that message in this space for years. Despite our messaging, that importance is often up to the interpretation of the reader; is it on par with getting insurance, or securing funding for your company? (Both important, by the way.) In many cases, it seems as though concerns over IP don't often rise to the level that they should, as potential issues to grind any company to a halt.

For many entrepreneurs, the prospect of starting their own business inspires a mix of both excitement and fear. Being a business owner offers the opportunity to be your own boss and make your dreams a reality. But it also offers the opportunity for mistakes and potentially failure for which you are ultimately responsible.