Denise Howell

Denise Howell is an appellate, intellectual property and technology lawyer who enjoys broad industry recognition for her expertise on the intersection of emerging technologies and law.

Latest Posts

Parody By Hindsight?

Rex Hammock has a new twist on the fair use principle that says parody can be a defense to infringement (not to mention a powerful attention draw):  tell the world you're a parody if it seems like you really should be — even if that, er, wasn't quite the original intent.  This has legs, I like it!

September 3, 2006 by Denise Howell

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Are Maps mashups patentable?

Someone asked me today whether they could file a patent application concerning their Google Maps mashup.  Not being a patent lawyer, I haven't the foggiest, but it's an interesting question.

September 2, 2006 by Denise Howell


RSS: Not Your Father's Free Magazine

Some interesting discourse was prompted by my License to Nil post, and since it raised points I believe are new to the implied license conversation I wanted to flesh them out more fully here. Specifically, both Anton Philidor in my comments and the Inhouse Agent on his blog have hit on an offline analogy to online syndication that is bound to make its way into arguments, briefing, and reasoning on the implied license issue when it eventually winds up in court.

August 31, 2006 by Denise Howell


License To Nil

Does syndicating material (i.e., via RSS or Atom) mean anything, in and of itself, from a legal standpoint?

August 27, 2006 by Denise Howell


River Registration Run?

Marty Schwimmer has Some URGENT Free Advice For Companies That Provide RSS Feeds:I wonder if people might get it into their heads that registering a domain name in the form [media brand name]RIVER.COM might be a good idea.

August 25, 2006 by Denise Howell



Marc Canter, among other things founder of PeopleAggregator, is squinting at Facebook's Developer Terms of Service trying to figure out: "can we display the list of friends one has in Facebook in PeopleAggregator?" Clearly this is a bleeding edge issue.

August 24, 2006 by Denise Howell


Riparian Rights

There's been a torrent of discussion about Dave Winer's introduction of a new way to bring news and blogs to mobile devices.  PaidContent's Staci Kramer has the best description I've seen of why the approach is unique and compelling, involving as it does: [A] river of news for mobile devices that meshes multiple RSS feeds from one news source into an easy-to-navigate stream of updated links, headlines and summaries.

August 24, 2006 by Denise Howell



Denise Howell here, taking the wysiwyg editor out for a spin and inaugurating my new blog here at ZDNet.  This, I've got to tell you, is a pretty sweet gig.

August 23, 2006 by Denise Howell