Wednesday, July 6, 2016

Raisin d'État

In response to a petition filed with the Agricultural Marketing Service ("AMS") of the United States Department of Agriculture ("USDA") by Little People of America ("LPA"), "a nonprofit organization that provides support and information to people of short stature and their families", the AMS announced on June 23, 2016, that it plans to amend its federal regulations on raisin nomenclature,
removing five references to the term ‘‘midget’’ in the following sections: 52.1845(b) and (c), 52.1850(a)(2) and (a)(3), and Table I.
As its reasoning, the AMS states,
The revisions will modernize and help clarify the language of the standard by removing dual terminology for the same requirement.
Once the rule is final, on July 23, 2016, the AMS plans to use the descriptor "small" to describe diminutive raisins.

Congratulations to the LPA for achieving this regulatory redress.  

Tuesday, July 5, 2016

XY Zone

In an echo of Matt Ridley's recent observation that female leadership is on the rise around the world, the two leading finalists to become leader of the Conservative and Unionist Party - and, incidentally, next Prime Minister of the United Kingdom - are both impressive women:  Theresa May and Andrea Leadsom.  This is promising news for both the Tories and their country, whose future is beclouded by political and economic uncertainty.

Saturday, June 25, 2016

Brattachment

If the United Kingdom does actually Brexit the European Union, the country could be a superb candidate to Brattach itself to the rival North American Free Trade Agreement.  Commonalities in history, culture, and level of economic development raise intriguing possibilities for a "North Atlantic Free Trade Agreement".

Friday, June 24, 2016

German Headquarter

On June 23, 2016, a small majority of voters in the United Kingdom ("U.K.") expressed their preference to quit membership of the European Union.  Much has been, and will be, written elsewhere about various consequences of this decision for the U.K..  I would like to highlight an important implication for the post-Brexit European Union ("E.U.").

Using 2014 GDP figures, the U.K. economy makes up 17.6% of the total GDP of the E.U., while Germany accounts for a larger, yet comparable, 20.7%.  Removing the U.K. from the E.U., the economy of Germany would contribute more than 25% of total E.U. GDP, and be almost 40% larger than the next largest national economy, that of France.  Time will tell what effects such a large imbalance of economic power will have on the governance and stability of the E.U..  With the U.K. gone, it will be much more difficult to view the E.U. as club of equals.

Thursday, June 23, 2016

Zip Zep Infringement

A jury in a Central District of California district court found on June 23, 2016, that the band Led Zeppelin, in its classic song "Stairway To Heaven", did not infringe the band Spirit's copyright on its song "Taurus".  The decision came despite similarities between the two songs, and acceptance by the jury that members of Led Zeppelin had had access to Spirit and its song.

The likelihood of an appeal to the 9th Circuit Court of Appeal is high, in part because the result of this case seems discordant with the finding that the song Blurred Lines, by Robin Thicke and Pharrell Williams, had infringed the copyright in Marvin Gaye's song "Got to Give it Up".  In the wake of these two district court decisions, the law of copyright infringement in music appears quite muddy.

The time is ripe for some guidance from a higher court.  As the Zeppelin song counsels,
And it's whispered that soon, If we all call the tune
Then the piper will lead us to reason.
Musicians now hope that the Court of Appeals will pipe up soon.

Friday, May 20, 2016

FDA Finalizes Food Facts

On May 20, 2016, the United States ("U.S.") Food and Drug Administration ("FDA") released the final version of the revised food and drink labels legally-required to accompany most food and drink sold in the U.S..  Here is an example of a new label:
The differences between the old and new food labels are subtle, but not trivial.  Among the changes are requirements that sellers use more realistic serving sizes reflective of how much a typical person would actually eat at one sitting.  For example, the old regime allowed preposterous serving sizes such as three lonely potato chips!  The new label must list much larger amounts.  In addition, a new subcategory of carbohydrates must list the amount of sugars added to a serving of food or drink above and beyond those sugars found in the preprocessed version of that food or drink.

Although food and drink labels are often ignored by consumers, they do provide a valuable source of nutritional information for any who care to read them.  This information can be crucial to people on special diets or with conditions such as diabetes.  The FDA could have opted for a more revolutionary approach to revamping label design, but, instead, the agency appears to have decided on a gradual, evolutionary approach to improvement.  At least the latest changes might reduce the impression that anyone who eats more than three potato chips at one sitting - a nearly-universal trait - is a shameless glutton.

Thursday, May 19, 2016

National Academies On GE Crops

The influential United States National Academies ("NAs") released their latest assessment of the environmental and health risks of genetically-engineered ("GE") crops on May 17, 2016.  Despite widespread, and often inchoate, anxiety among the public, GM crops have rapidly displaced non-GE crops around the world.  So, are they safe?

The NAs' report, entitled Genetically Engineered Crops:  Experiences and Prospects, provides a comprehensive review of existing scientific evidence.  Although they hedge their answers, as befits the complexity of published studies, the NAs conclude that evidence for negative consequences of GE crops is generally lacking.  They suggest that the economic effects lean to the positive side of the cost/benefit ledger:
The available evidence indicates that GE soybean, cotton, and maize have generally had favorable economic outcomes for producers who have adopted these crops, but outcomes have varied depending on pest abundance, farming practices, and agricultural infrastructure. Although GE crops have provided economic benefits to many small-scale farmers in the early years of adoption, enduring and widespread gains will depend on such farmers receiving institutional support, such as access to credit, affordable inputs such as fertilizer, extension services, and access to profitable local and global markets for the crops.

The NAs concluded that neither humans nor animals appear to have been harmed by consuming food derived from GE crops:
The committee carefully searched all available research studies for persuasive evidence of adverse health effects directly attributable to consumption of foods derived from GE crops but found none. Studies with animals and research on the chemical composition of GE foods currently on the market reveal no differences that would implicate a higher risk to human health and safety than from eating their non-GE counterparts. Though long-term epidemiological studies have not directly addressed GE food consumption, available epidemiological data do not show associations between any disease or chronic conditions and the consumption of GE foods.
And, the NAs found little evidence that GE crops harm the environment:
The use of insect-resistant or herbicide-resistant crops did not reduce the overall diversity of plant and insect life on farms, and sometimes insect-resistant crops resulted in increased insect diversity, the report says. While gene flow – the transfer of genes from a GE crop to a wild relative species – has occurred, no examples have demonstrated an adverse environmental effect from this transfer. Overall, the committee found no conclusive evidence of cause-and-effect relationships between GE crops and environmental problems. However, the complex nature of assessing long-term environmental changes often made it difficult to reach definitive conclusions.

Nevertheless, the NAs do warn that biotechnology is a dynamic and evolving set of techniques, and suggest ongoing regulatory oversight:
Emerging genetic technologies have blurred the distinction between genetic engineering and conventional plant breeding to the point where regulatory systems based on process are technically difficult to defend. The committee recommends that new varieties—whether genetically engineered or conventionally bred—be subjected to safety testing if they have novel intended or unintended characteristics with potential hazards.
  This report will not be the final word on GE crops.  In fact, the popularity among consumers of food they perceive as "non-GE" represents a substantial, continuing challenge to GE crops, with increasing demands by the public and national regulators that GE and non-GE crops be carefully sequestered from one another to avoid cross-contamination.  Time will tell whether or not scientific assessments such as the NAs' will change public opinion.  In the meantime, both supporters and opponents of GE crops have the benefit of this new and authoritative source of evidence and analysis from the NAs.

Monday, May 2, 2016

Closing The (Google) Books On Fair Use

The United States Supreme Court wrote the final chapter on Authors Guild v. Google, Inc.. on April 18, 2016, simply ordering that
[t]he petition for a writ of certiorari is denied. Justice Kagan took no part in the consideration or decision of this petition.
Lexvivo previously covered the Google Books case on October 16, 2015, in Book 'Em Google!.  Perhaps now we can all turn the page on this type of fair use.

However, never fear, intellectual property aficionados, for, on May 2, 2016, the Supremes also issued the following two orders:
CERTIORARI GRANTED 
15-866  STAR ATHLETICA, L.L.C. V. VARSITY BRANDS, INC., ET AL. The petition for a writ of certiorari is granted limited to Question 1 presented by the petition. 
15-927  SCA HYGIENE PRODUCTS V. FIRST QUALITY BABY PRODUCTS The petition for a writ of certiorari is granted.
The former involves a copyright case probing the contours of functionality in copyright.  The latter is a patent case on whether laches is available as a defense to infringement within the statutory six-year window for recovering damages authorized by 35 U.S.C. §286 (Time limitation on damages).

So, there will be much more intellectual property fun to come.