Is this you or him? (From uspto.gov site. An application for a registered trademark.)
Word Mark THE SIMPLE MILLIONAIRE
Goods and Services IC 041. US 100 101 107. G & S: On-line journals, namely, blogs featuring personal finance stories, tips on building wealth, articles about millionaire bloggers and financial advice. FIRST USE: 20071006. FIRST USE IN COMMERCE: 20071006
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77315440
Filing Date October 28, 2007
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Klimchak, Thomas E INDIVIDUAL UNITED STATES 309 Winchester Drive Brick NEW JERSEY 08724
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
I've actually bought two of this company's products to recover, yes, my own lost passwords. One in a WordPerfect document and the other in a.zip archive. Seeing how short a time it took to get both passwords (my fingers had just left the ENTER key), and knowing how little the programs cost, I started saving the important stuff using PGP. That may no longer be sufficient.
Seriously, though, if this results in smaller operations than the NSA being able to get passwords through the use of the type of computers available to say your local police department, it may mean that stronger encryption systems may not be the barrier they have been. Watch out bad guys. (One of my favorite PGP crack involved a keylogger. A FBI agent looked at the password they recovered and thought it looked naggingly familiar; and then it hit him: it was the federal prison I.D. number for the suspect's father.)
It is not "work made for hire" absent a written agreement that meets some specific statutory requirements. That does not mean that the school could not get something less than a full transfer of all of the copyright rights. A non-exclusive license is all it would need and the license might not even need to be in writing. Turnitin.com should insist that all schools that submit papers have something in writing from students or it is ripe for a lawsuit itself. The limited nature of what turnitin.com uses the work for might be permissible under the Fair Use doctrine, but if I were its lawyer I'd advise them why take the risk?
I don't desire an ebook so much as an enewspaper. If I had a device that would automatically fetch the Wall St. Journal, the New York Times, and some magazines, I'd happily pay for subscriptions to each.
Come on guys! The story was on wymsey.co.uk. That alone caused me to file it as a bit of WHIMSEY. It is like citing an article on theonion.com or saying you read it in Mad Magazine.
Hey, IAAL and an IP lawyer to boot (but I'm not looking for work -- this is free advice -- and to prove I'm a lawyer, no warranties, express or implied come with this advice; use at your own risk; and you really should consult a lawyer, etc.).
Two things:
1) Be sure you find a lawyer that can write a contract in simple English; most can't. Ask to see a contract he or she wrote for some other purpose. See how it sounds to you. When I draft agreements like you probably need, I want it to sound very conversational and casual so that it doesn't scare the other side into the arms of their own lawyers.
2) Be sure the lawyer knows something about copyright law and especially about "works made for hire." If he or she gives you a blank look, you need to find another lawyer. Under the "works made for hire doctrine," as an employee, your employer automatically owns everything you do for your job. Absent a written agreement, consultants generally own everything they create. Do a google search on "work made for hire" and read some of the first few hits. (The copyright office has a decent circular that came up first on the results for me.)
Good luck.
Slashdot Mirror
Is this you or him? (From uspto.gov site. An application for a registered trademark.) Word Mark THE SIMPLE MILLIONAIRE Goods and Services IC 041. US 100 101 107. G & S: On-line journals, namely, blogs featuring personal finance stories, tips on building wealth, articles about millionaire bloggers and financial advice. FIRST USE: 20071006. FIRST USE IN COMMERCE: 20071006 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 77315440 Filing Date October 28, 2007 Current Filing Basis 1A Original Filing Basis 1A Owner (APPLICANT) Klimchak, Thomas E INDIVIDUAL UNITED STATES 309 Winchester Drive Brick NEW JERSEY 08724 Type of Mark SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE
I've actually bought two of this company's products to recover, yes, my own lost passwords. One in a WordPerfect document and the other in a .zip archive. Seeing how short a time it took to get both passwords (my fingers had just left the ENTER key), and knowing how little the programs cost, I started saving the important stuff using PGP. That may no longer be sufficient.
Seriously, though, if this results in smaller operations than the NSA being able to get passwords through the use of the type of computers available to say your local police department, it may mean that stronger encryption systems may not be the barrier they have been. Watch out bad guys. (One of my favorite PGP crack involved a keylogger. A FBI agent looked at the password they recovered and thought it looked naggingly familiar; and then it hit him: it was the federal prison I.D. number for the suspect's father.)
It is not "work made for hire" absent a written agreement that meets some specific statutory requirements. That does not mean that the school could not get something less than a full transfer of all of the copyright rights. A non-exclusive license is all it would need and the license might not even need to be in writing. Turnitin.com should insist that all schools that submit papers have something in writing from students or it is ripe for a lawsuit itself. The limited nature of what turnitin.com uses the work for might be permissible under the Fair Use doctrine, but if I were its lawyer I'd advise them why take the risk?
I don't desire an ebook so much as an enewspaper. If I had a device that would automatically fetch the Wall St. Journal, the New York Times, and some magazines, I'd happily pay for subscriptions to each.
. . . many technogeeks lack any.
Come on guys! The story was on wymsey.co.uk. That alone caused me to file it as a bit of WHIMSEY. It is like citing an article on theonion.com or saying you read it in Mad Magazine.
Hey, IAAL and an IP lawyer to boot (but I'm not looking for work -- this is free advice -- and to prove I'm a lawyer, no warranties, express or implied come with this advice; use at your own risk; and you really should consult a lawyer, etc.). Two things: 1) Be sure you find a lawyer that can write a contract in simple English; most can't. Ask to see a contract he or she wrote for some other purpose. See how it sounds to you. When I draft agreements like you probably need, I want it to sound very conversational and casual so that it doesn't scare the other side into the arms of their own lawyers. 2) Be sure the lawyer knows something about copyright law and especially about "works made for hire." If he or she gives you a blank look, you need to find another lawyer. Under the "works made for hire doctrine," as an employee, your employer automatically owns everything you do for your job. Absent a written agreement, consultants generally own everything they create. Do a google search on "work made for hire" and read some of the first few hits. (The copyright office has a decent circular that came up first on the results for me.) Good luck.