I don’t want to get into this again, but these are two different things. Intangible property (or ‘owned information’) is a single distinct concept. IP laws are a vehicle for most transfer/sale/monetization many (but def not all) types of ‘owned information’ or intangible property. WIPO (world intellectual property…

Its a custodial relationship in my experience in the NYC area. For example: imagine you have a safe deposit box at a bank. That bank merges with another bank. The box (physically) can move to a new location, but the contents remain yours.

So I just learned something today, and I grant you a qualified victory on this case.

“Because you can’t cite a single authority for the proposition that a patient owns an intellectual property right in their medical records.” —> look up any merger agreement between hospitals.

I’m dropping this, but the notion of IP centers on the concept of information ownership. The type and creation of the information is irrelevant. As long as someone can demonstrate uniqueness and creation, there is ownership.

You have to be joking. Where did you go to school? I’m not trying to antagonize you - I’m curious.

That’s the exact definition of IP - this is like 2L shit.

No. JPP’s medical records are his and his alone - that’s the definition of IP. HIPPA is pretty clear on who medical records belong to - that’s why there is so much protection and pain in the ass surrounding their transfer.

There’s a HUGE difference though: in the Pentagon Papers case, the argument was a ‘public good’ argument. In other words, the stolen documents were directly pertaining to the actions US Government. In the case itself, the court weighed both sides and ruled that stolen documents are clearly a very bad thing; however,…

You don’t need to have a copyright/trademark/patent to designate something as IP legally. The base definition of IP means you have sole ownership of an intangible piece of property. Some physical property requires a deed of ownership (eg real estate); however, just because you don’t have a deed of ownership on your…

This isn’t true. I wrote this elsewhere, but the physical document (the medical record) is not, in anyway, Schefter’s ‘speech’ to publish. That’s why JPP’s lawyers say that ESPN (and any outlet) can write about the document, but it is not their’s to publish.

This is still missing the point from a legal perspective and from a 1st Amendment perspective. I hit on this 1,000 times on Gawker before it died, and I’ll try again here.

I’m a little skeptical. If there’s nothing inflammatory and ‘ohhhh, holy shit!!’ the book never gets written b/c then its just boring. I mean ‘bottlegate’ in 2001 couldn’t have been that big a deal - Pereria got a big promotion in 2004 and didn’t leave the NFL until 4 season into the Goodell era. I guess you have to…

Yeah - this as a lock had to be snark. Or not. Maybe both? Is it Schrodenger’s Lock?

Except its not. The ice bucket challenge was bandwagoning for a good and unifying cause. Sitting through the national anthem, at this point, is not bringing attention to a cause. It is willfully inflaming and entrenching/hardening the views of the very people you need to make criminal justice reform actually happen.

That’s exactly my point: this isn’t a marketplace. This is a store that sells a single item, and the customers are outraged by the very notion that other items and other stores might exist.

I’m intrigued...which part was “racially ignorant stupidity”? I’m seriously asking.

I’m admittedly a Gawker refugee, but over there they at least attempted to foster discussion and alternative views.

If you had to provide security to protests where the crowd yelled “fuck Murry Chang, fry him like bacon” you might develop a persecution complex. The core of your argument rests on ignoring the incessant animosity directed at cops (some of which is justified and some of it is not) over the past two years. Its stupid…

In the last 6 months, the commetariate here has taken on an almost Jezebel-esque monoline opinion set. There are A LOT of different ways to view this Kaepernick thing, but only a tiny, tiny set are allowed here. You only made it out of the greys because somebody replied to you, otherwise you would have been cast away.…