Richard Minsky

{{for|the American criminal|Richard Allen Minsky}}

{{Infobox person

|name = Richard Minsky

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|birth_date = {{birth date and age|1947|01|07|mf=y}}

|birth_place = New York City, USA

|death_date =

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|alma_mater = Brooklyn College
Brown University

|organization = Center for Book Arts

|known_for = Bookbinding, book art

|awards =

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|website = [http://minsky.com minsky.com]

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}}

Richard P. Minsky (born January 7, 1947{{cite web|publisher=Artists Books Online|url=http://www.artistsbooksonline.org/works/minb.xml|title=Minsky in Bed|accessdate=2010-07-05}}) is an American scholar of bookbinding and a book artist. He is the founder of the Center for Book Arts in New York City.{{cite news|publisher=Fine Books & Collections|author=Scott Brown|url=http://www.finebooksmagazine.com/issue/0302/minsky.phtml|title=Richard Minsky|accessdate=2010-06-28|date=March–April 2005}}

Background

In 1960, Minsky obtained his first printing press at the age of 13 to replace the Superior "Cub" rotary Printing Press he had received as a gift in 1957.{{Cite book|last=Minsky|first=Richard|title=The Book Art of Richard Minsky|publisher=George Braziller, Inc|year=2011|isbn=978-0-8076-1606-2|location=New York|pages=11}} This Kelsey 5x8" platen press became the foundation for a lifelong career in the book arts.

In 1968, he graduated cum laude in economics from Brooklyn College. Minsky was awarded a fellowship at Brown University, where he received his master's degree in economics. He pursued a Ph.D. at The New School for Social Research, but left after two years to pursue bookbinding, art and music. He studied bookbinding in Providence, Rhode Island with master bookbinder Daniel Gibson Knowlton, whom he met at the John D. Rockefeller, Jr. Library at Brown University.{{cite news|publisher=Artschools.com|url=http://www.artschools.com/interviews/richard-minsky/|title=Richard Minsky - Book Artist|accessdate=2010-06-28}}

{{quote box|width=231px|quote=The most important thing isn't where you study – it's how good your work is. I don't hire anybody based on their schooling – I look at what they can do.|source=Richard P. Minsky}}

In 1974, Minsky founded the Center for Book Arts in Manhattan,{{cite news|publisher=Center for Book Arts|url=http://www.centerforbookarts.org/exhibits/archive/bio.asp?artistID=1|title=Richard Minsky exhibition archive|accessdate=2010-06-28|year=2010}} the first organization of its kind in the United States dedicated to contemporary interpretations of the book as an art object while preserving traditional practices of the art of the book.{{cite news|publisher=Center for Book Arts|url=http://www.centerforbookarts.org/about/|title=About The Center for Book Arts|accessdate=2010-06-28|year=2010}} In 1978, he was named a US/UK Bicentennial Fellow in Visual Art by the National Endowment for the Arts and the British Council. Minsky stated that he does not believe in talent and that he simply continues to become better at bookbinding through his persistence since his first "awful" attempts in 1968.

In 2004, Yale University Library acquired Minsky's archive of published fine art editions and other works.{{cite news|publisher=The Book Art of Richard Minsky|url=http://minsky.com/resume.htm|title=Richard Minsky resume|accessdate=2010-06-28|year=2009}} The Robert B. Haas Family Arts Library at Yale University is hosting an exhibition of 50 years of Minsky's work from August to November 2010.{{cite news|publisher=Fine Books & Collections|url=http://www.finebooksmagazine.com/press/2010/06/minsky-exhibition-at-yale.phtml|title=Minsky Exhibition at Yale|accessdate=2010-06-28|date=2010-06-28}}

SLART trademark dispute

In 2006, Minsky opened a virtual gallery in Second Life and published an e-mag, which was also distributed in world and published online, about art in the Second Life virtual world. He called both ‘SLART’.{{cite web|url=http://www.3dinternetlaw.com/Trademark/Trademark/Minsky_files/Minsky%20Amended%20Complaint.pdf|title= Amended Complaint|author=<3Dinternetlaw.com> |date= September 10, 2008|website= www.3dinternetlaw.com/| publisher= 3Dinternetlaw.com| access-date= July 21, 2022| quote= That was December 14, 2006. I identified the SL gallery and the magazine with the SLART™ mark.(Paragraph 13. of the Amended Complaint)}} In 2007, Minsky applied for registration of the SLART trademark by the United States Patent and Trademark Office. The mark was registered on March 18, 2008.{{cite web|url=https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:q52xrl.2.1|title= SLART TESS Search Result|author= |date= July 21, 2022|website= tmsearch.uspto.gov/| publisher= uspto.gov| access-date= July 21, 2022| quote= SLART registration date March 18, 2008)}}

In February 2008, Minksy contacted the Virtual Intellectual Property Organization (VIPO) to enforce his rights to the SLART trademark against users in the Second Life virtual world. VIPO was founded by intellectual property attorney Tamiko Franklin.{{cite web |url=

http://virtuallyblind.com/2008/10/23/interview-tamiko-franklin/

|title= Attorney Tamiko Frankin Discusses Involvement in SLART case|author= |date= October 23, 2008|website= www.virtuallyblind.com/| publisher= Virtually Blind| access-date= March 26, 2024| quote= '...she (Tamiko Franklin) is best known as the lawyer helping Richard Minsky navigate the nuances of trademark law as Minsky’s suit over use of his registered trademark “SLART” in Second Life works its way through the courts.'}} {{cite web |url= https://virtuallyblind.com/2008/01/27/vipo-second-life/ |title=Non-profit Virtual Intellectual Property Organization Opens Office in Second Life| author=|date= January 27, 2008|website= www.virtuallyblind.com/| publisher= Virtually Blind| access-date= July 21, 2022| quote= A new, non-profit, legal services organization, the Virtual Intellectual Property Organization (VIPO), has opened in Second Life. VIPO advertises that it offers “accessible legal advice concerning virtual property, trade and commerce and the use of real-life intellectual property in virtual worlds. VIPO is the brainchild of Tamiko Franklin (Second Life’s ‘Juris Amat’). Franklin was born and raised in Columbus, Ohio, and earned a Bachelor of Arts in Linguistics from Antioch College, and a J.D. and Master of Intellectual Property from Franklin Pierce Law.}} On July 29, 2008, Minsky filed suit against Linden Lab, the creator of Second Life, because one of its users infringed on his trademark registration of SLART.{{cite news|publisher=3D Internet Law|url=http://www.3dinternetlaw.com/Blog/files/16bdc8552c159999d894a3f256d110af-2.html|title=Minsky v. Linden Research Update|accessdate=2010-06-28|date=2008-09-09}} Tamiko Franklin, under the Second Life avatar Juris Amat, sent cease and desist letters to users regarding unauthorized use in world of the registered SLART trademark.{{cite web |url= https://www.theguardian.com/technology/2008/nov/25/second-life-internet|title= How an avatar on Second Life sparked a real-life court case|author= |date= November 25, 2008|website= The Guardian| access-date= July 27, 2022| quote= In a 25-page complaint to the US District Court of New York he says that on March 16, 2008 his attorney, an avatar called Juris Amat, sent Vezina a "cease and desist" order that he failed to respond to.}}

In September 2008, Linden Lab responded by filing suit with the United States Patent and Trademark Office in an attempt to cancel Minsky's trademark registration.{{cite news|publisher=Virtually Blind|url=http://virtuallyblind.com/2008/09/16/linden-lab-cancel-slart/|title=Second Life Creator Linden Lab Files Petition to Cancel "SLART" Trademark Registration|accessdate=2010-06-28|date=2008-09-16}} Franklin represented Minsky during the cancellation procedure filed by Linden Lab before the United States Patent and Trademarks Offices’ Trademark Trial and Appeal Board.{{cite web |url= http://www.3dinternetlaw.com/Blog/files/e5ec5477306e394ddb16362ca27eb2e9-10.html |title= Minsky SLART Cancellation Proceedings Suspended|author=<3dinternetlaw.com> |date= October 9, 2008|website= www.3dinternetlaw.com/| publisher= 3DInternet Law| access-date= July 21, 2022| quote= Counsel for Mr. Minsky, Tamiko Franklin, contended that the civil action would resolve all the issues in the cancellation proceedings and therefore requested suspension pending the outcome of the federal suit. Linden Research opposed suspension, claiming that the issues would differ between the suit and the cancellation proceedings. Nonetheless, the Board agreed with Mr. Minsky (Ms. Franklin) and suspended the proceedings.}} On September 4, 2008, the U.S. District Court of Northern New York granted Minsky a temporary restraining order barring the use of SLART by other Second Life users.

The order provided that the trademark owner notify the online service provider of the identified infringement and allowed the provider two days to commence response to the infringement action and five days to complete it. The order also gave the trademark owner the right to obtain real-world identities of the infringer from the company if a prima facie case of infringement exists.{{cite web |url= https://www.engadget.com/2008/09/23/minsky-vs-linden-lab-restraining-orders-and-petitions/|title= Minsky v. Linden Lab: Restraining orders and petitions|author= |date= September 23, 2008|website= www.endgadget.com/| publisher= Engadget.com| access-date= July 21, 2022| quote= If Minsky identifies infringement of the SLART trademark in Second Life, he must notify Linden Lab through appropriate channels, and Linden Lab has two business days to commence action to quash the infringement, and five business days to complete it. If there are any lumps or bumps in the procedure, the Lab is to inform Minsky, and for his part he may obtain the physical-world identities and contact information of users from the Lab if the nominated Magistrate Judge (David R. Homer) agrees that a prima facie (that is, self-evident from the facts) case of infringement exists, and that the information is necessary.}} This represents the first temporary restraining order granted by a federal judge for enforcement in a virtual environment of a federally registered trademark first used in a virtual environment. It affirmatively establishes the existence of virtual intellectual property rights.{{cite web |url= http://www.patentarcade.com/2010/06/case-analysis-minsky-v-linden-research.html|title= Case Analysis: Minsky v. Linden Research, Inc.|author= |date= June 28, 2010|website= www.patentarcade.com/| publisher= Patentarcade.com| access-date= July 21, 2022| quote= The SLART trademark dispute against Linden Research raises issues of virtual intellectual property rights.}}

The court order from federal judge Lawrence E. Kahn documented Minsky's contention that the term SLART has multiple colloquial or slang meanings, "including a slut’s fart, a fart made while sleeping, and someone who is between a slut and a tart."{{cite news|publisher=United States District Court for the Northern District of New York|author=Lawrence E. Kahn|author-link=Lawrence E. Kahn|url=http://www.3dinternetlaw.com/Trademark/Trademark/Minsky_files/Order%20Granting%20TRO.pdf|title=Richard Minsky d/b/a Slart Enterprises v. Linden Research, Inc. d/b/a Linden Lab, John Doe, Philip Rosedale, Mitchell Kapor, other Does|accessdate=2010-06-29|date=2008-09-04}} In October 2008, the court granted a preliminary injunction in Minsky's favor. On October 10, Linden Lab sought to terminate Minsky's Second Life account. On January 22, 2009. the case was settled out of court and the trademark filing was cancelled on April 7, 2009.{{cite news|publisher=Patent Arcade|url=http://www.patentarcade.com/2010/06/case-analysis-minsky-v-linden-research.html|title=Case Analysis: Minsky v. Linden Research, Inc.|accessdate=2010-06-28|date=2008-06-28}}

References

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