Tag Archives: ip

birth of and intellectual property

Intellectual property pops up in the strangest places.

Browsing The Baby Name Wizard by Laura Wattenberg, for instance, I found this discourse on “stealing” baby names:

Not long ago, I heard an expectant mother beside herself with outrage. She had just learned that another woman in her small town had “stolen” her baby name! No, she admitted, she had never met the woman. But for years now she had been planning to name a baby Keaton, a name she had personally invented, and now there was another little Keaton right across town. Someone must have told that other mother her own secret, special name. Thief!

Chances are this was not really a case of name larceny. That mom had just run into a startling fact of baby-name life: Our tastes, which feel so personal, are communal creations. Keaton? Well, it’s a surname ending in “n,” a style parents are flocking to for fresh ideas that sound like classic names. K in particular is a hot first letter. And don’t forget that almost every parent today grew up watching Alex Keaton on Family Ties. So just like that outraged mom, thousands of parents across the country have independently “invented” the name for their kids.

We live in a shared culture with communities and experiences that shape our likes and dislikes. That means overlapping tastes — and as a rule, the closer two people are, the greater the overlap. Many of us have had a long-cherished name “stolen” by friends who had long cherished it themselves. …

… [R]emember that communal taste is really a good thing. That shared perspective is exactly what gives names their style and nuance. It’s also the context that lets you define your own style, meaningfully. …

This is from The Baby Name Wizard, Laura Wattenberg, “Rules of Thumb for Choosing a Name” (2005), p.6 (babynamewizard.com), which is probably my favorite baby name book out there. In addition to the little “definitions” and heritage information about various names, it includes trend information, and a variety of essays (like the one above) that contextualize names and naming. The book was published in 2005, and has a hypnotic and fascinating associated website — the “name voyager” — which provides the most up-to-date trend information for names. Type in any name to see how names beginning with those letters or that name have been trending up or down in the US over the past 125 years.

The book is awesome, in part because the author analyzes the phonemes and meanings of individual names, the data on popularity of individual names, and does significant additional research into news and culture, to discern both causes and meta-trends. For instance, tracking how Aiden and Jaden and many other names have become popular, while Eunice and Beulah and many other formerly popular names have become less so, the author sees that Americans dislike the “yoo” sound in names, but, these days, love the “ehn” sound as an ending. Our common tastes manifest in individual names, but reflect a deeper common taste in phonemes, resonances, and meanings.

The same zeitgeist lies behind numerous simultaneous “inventions” of unique names, and “rediscoveries” of older names. My partner and I loved the name Emma, and thought surely this nice old-fashioned name that is an excellent homage to Emma Goldman would be distinctive. I’m sure that most people reading this know what we were surprised to learn: Not only did we love picking that name out of our collective past, so did practically every other person of our age group: It’s the number two name for our daughters ever since people of our generation started having children.

I quoted Wattenberg at length, because so much of what she was astutely observing about our tastes and creative processes is utterly applicable to everything I think and write about on a daily basis. We humans take our names, and our children’s names, fairly seriously, and spend a decent amount of time scouring for them. In fact, as Wattenberg points out, one of the current trends is to have a unique name — we all try to come up with unique names for our children, and we all do it by assembling the same sets of popular sounds and rhythms.

… Finally, as long as I’m on the topic, you may be amused by this disclaimer on our “hypno-birthing” preparation audiorecording:

Do not listen to this CD while in a moving vehicle.

update 2/26 6pm: Wattenberg had two fascinating posts on the evolution of naming patterns and national identity — L’Etat, c’est nous (Jan. 23) and Part 2: L’Estat, c’est nous (Feb. 13) — deep comment threads. For those of you who, like me, are not what you might call “anthroponymists”, this can be a fun diversion. I was struck most particularly by a short reference in the Feb. 13 column:

Starting in the 16th century most countries moved toward heritable surnames … Modern nation states required more from names, too. In Scandinavia, the patronymic naming system that had existed since the time of the Vikings (Niels Jensen’s son Peder is Peder Nielsen, his daughter Anna is Anna Nielsdatter) was eliminated to aid record-keeping. Taxing, educating and conscripting a mobile population required clear and traceable family names.

“Family names” being the presumptive father’s names, that is. L’Estat, c’est le patriarcat, apparently. But what really struck me was the influence that states and governments have had on this basic feature of identity, and the ways that identity has been created in part as a form of social control.

artists and IP

The NYT has two interesting stories right now featuring, shall we say, different approaches to artists and IP.

The first in a genre near and dear to my heart is a profile of Dark Horse Comics, which “built [their] publishing platform around creators’ rights … [Their] pitch was, ‘We’ll match the rights that you get from other companies and we’ll let you own the work.’”

The second is an article about Daniel Moore, a photo-realist artist (he calls it “photofuturism”) of Alabama sports moments. The University (as we in Alabama called it) is suing Moore for trademark infringement of its crimson-and-white color scheme. Yea, Alabama, Crimson Tide, yadda yadda yadda fight song lyrics sung ironically. (I went looking for the actual fight song lyrics, which did not comport with my memory, and found myself in a hell of blinking and color-challenged websites dedicated to Crimson Tide football obsession. Dave’s College Football Fight Songs is restfully simple, for those of you who want to know the actual lyrics, and not the one line that is engraved falsely in my memory.)

X-posted at sivacracy

open content as solution to exploitation of indigenous IP

It’s great to see more info about the rumored the Traditional Knowledge Digital Library — which will publish India’s traditional knowledge:

Indian scientists say the country has been a victim of what they describe as “bio-piracy” for a long time.

“When we put out this encyclopaedia in the public domain, no one will be able to claim that these medicines or therapies are their inventions. Till now, we have not done the needful to protect our traditional wealth,” says Ajay Dua, a senior bureaucrat in the federal commerce ministry.

[I]n most of the developed nations like United States, “prior existing knowledge” is only recognised if it is published in a journal or is available on a database – not if it has been passed down through generations of oral and folk traditions.

The irony here is that India has suffered even though its traditional knowledge, as in China, has been documented extensively.

But information about traditional medicine has never been culled from their texts, translated and put out in the public domain.

A little confusion between “publication” and “public domain” …

No wonder then that India has been embroiled in some high-profile patent litigation in the past decade – the government spent some $6m alone in fighting legal battles against the patenting of turmeric and neem-based medicines.

In 1995, the US Patent Office granted a patent on the wound-healing properties of turmeric.

Indian scientists protested and fought a two-year-long legal battle to get the patent revoked.

Last year, India won a 10-year-long battle at the European Patent Office against a patent granted on an anti-fungal product, derived from neem, by successfully arguing that the medicinal neem tree is part of traditional Indian knowledge.

In 1998 the US Patent Office granted patent to a local company for new strains of rice similar to basmati, which has been grown for centuries in the Himalayan foothills of north-west India and Pakistan and has become popular internationally. After a prolonged legal battle, the patent was revoked four years ago.

The rice patent was new to me. Apparently, we will have to document not just every single preexisting medicinal use, but every single preexisting bit of human knowledge, to prevent companies from trying to enclose human knowledge.

Then they mention the yoga case (now settled favorably for open source yoga advocates):

And, in the US, an expatriate Indian yoga teacher has claimed copyright on a sequence of 36 yoga asanas, or postures.