So I was driving my usual 45 or so mile commute this morning and listening to Morning Edition on NPR, when I heard a very short news report that sparked that "Gotta blog about it" feeling. Ever since I was a Telecommunications student at Penn State more than a couple years ago, I have been interested in the ideas of intellectual property protection. I have read quite a few cases regarding the application of copyright. These readings included the Constitution of the United States, specifically the Copyright Clause aka Article I, Section 8, Clause 8. This clause lays the foundation for all U.S. Intellectual Property Law.
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
IP Law is a most important area of law. As an information worker, I am keenly aware of the challenges of protecting Penn State's property. I don't expect something for nothing, but where can we draw a line between genuine protection of intellectual property and blatant corporate interests. It is generally accepted that one U.S. citizen's rights end when they infringe upon the rights of another. The story that prompted this post was the story of the Boston Beer Company sending a cease and desist letter to Sam Adams. Sam Adams is running for Mayor of Portland, Oregon, and Boston Beer Company apparently wants to run this Sam Adams for mayor.
Sam Adams is of course a trademark for the Boston Beer Company, and I absolutely agree that they should defend that trademark. What I don't approve of, is the company's blind mailing of the letter without any research into the use.
Boston Beer's Helen Bornemann said she didn't know there was a real Sam Adams running for mayor when she sent the letter.
Are Sam and Adams really that unusual for names? How much time would have been lost to visiting the very websites that were in question?
I am concerned that "We the People" are relinquishing our rights in favor of the share holders of companies. I guess the bright side of the story is that the company is willing to discuss allowing Sam Adams using his own name for the duration of the election. Hmmm...Did I get that right?
Bornemann said she's willing to discuss Adams' use of his name on his Web sites "probably for the length of the time the election is being held."
What do you think?
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