Every once in a while people ask me IP questions that start with "Is it illegal to...?" Actually, that's not true at all. People rarely talk to me about IP law because they know my answers will only bring their head down. In an attempt to change that, here are five questions that people might ask me.
Is it illegal to unlock an iPhone? No, not if you're using it to connect to a wireless network other than AT&T (although you may lose certain warranty rights with Apple). If you're selling unlocked iPhones, that's going to be a legal problem. Punk copyright attorney Nilay Patel explains it better here.
Is it illegal to have Mickey Mouse tattooed on your back? Mickey is a copyrighted character and any reproduction ... blah blah blah... Okay, yes it's a violation of copyright law. It may also be excused as a fair use. In reality, Disney is unlikely to do anything about it unless you're a postal maintenance worker with 1,643 Disney characters in tats, in which case, they'll come after you and make you promise not to appear in tat magazines or make money off the exhibition.
Is it illegal to divulge the Coca Cola formula? First of all forget that legend that there are only two Coke execs who know the formula and each one only knows half of it. If you work at Coke, or you've signed an NDA with them, then you'd better not divulge any secrets. (And don't bother trying to sell it to Pepsi, either. That type of entrepreneurship will get you eight years in jail, and don't assume that Pepsi would benefit from knowing the formula, anyway.) If you learn the secret independently by chemically analyzing the Real Thing yourself (known as "reverse engineering"), you're free to post it anywhere you wish (though good luck tracking down the mysterious ingredient known as Merchandise 7X).
Is it illegal to claim copyright in artwork created using your buttocks? No, though you won't be able to stop others from using the same idea to create works similar to your "Tulip Butts" masterpiece. However, we do counsel against the practice if you are a high school art teacher in Virginia.
Is it illegal to reproduce a picture of Britney Spears and post it at your blog? I don't know; let's find out.
