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On It’s Way to a Copyright Infringement Suit?

Isa Dick Hackett Seems to Think So
Isa Dick Hackett, the daughter of Philip K Dick, the mastermind of “Do Androids Dream of Electric Sheep” has taken legal counsel in possible preparations of a copyright infringement case against Google. She seems to think the Google Phone, known as Nexus One infringes on the novella with the character “Roy Baty and his replicant cohorts” were “Nexus-6 models.” These characters also appeared in the Sci-Fi movie, Blade Runner, which was also based on the novella by PKD.

What’s the Real Deal?
The thing is, the word nexus has been around for a long time, since the 17th century in fact. So, theoretically the Google Phone is not bordering on infringement at all. Especially because when the novel came out, the word Nexus-6 was never copyrighted. So for now, the Google Phone,which is manufactured by HTC and soon to be officially known as the “Nexus One,” is safe if the December 12 2009 filing of an application with the United States Patent and Trademark Office goes as planned and is approved. HTC also filed an application with the FCC for the Nexus One, and was approved.

Mrs. Hackett apparently intends to make the road to Nexus One a difficult one, though. Because she has obtained legal counsel, it would seem that a copyright infringement and/or intellectual property infringement case is looming on the horizon. Especially with the comments she has made, “In my mind, there is a very obvious connection to my father’s novel.” and how she is “shocked and dismayed” at the “obvious infringement” by Google.

And the Verdict Is?
I think Google might actually win this one, based on the fact that the word Nexus has been around for so very long and so because it was never copyrighted in the first place by PKD after the writing of the novella, or after the makings of Blade Runner. On that principle alone, Google should be in the clear. The problem is, there has already been precedent set for this type of infringement. Motorola sought permission form Lucasfilm for the use of the name Droid, and was granted licensure to use it, even though the actual name was never copyrighted in the first place. The one real step up Google has right now with this problem is the approval by the FCC.

This one could go wither way. Personally, I think Google should have played on the safe side of the fence and asked permission, but I am proud they would just go ahead and file without doing so because of the long history of the word. I guess we’ll just have to wait and what comes of this in the near future. And as soon as we know something, you will know.

Information obtained from Wired.com and The NY Times.

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