Protecting intellectual property still matters in a pandemic; Washington Examiner, April 21, 2020

Kevin Mooney, Washington Examiner; Protecting intellectual property still matters in a pandemic

"With businesses now under pressure as a result of COVID-19, they can hardly afford to absorb the costs associated with patent allegations that cannot be substantiated under close scrutiny. 

That’s why it’s important to preserve a trial-like procedure organized within the U.S. Patent and Trademark Office that makes it possible to review the legitimacy of patents through a streamlined, cost-effective process that avoids expensive litigation. 

Unfortunately, some lawmakers (such as Democratic Sen. Chris Coons of Delaware) are pushing legislation that would gut and dilute what is known as the inter partes review process, which provides important safeguards against patents that should not have been issued. 

A better solution would be for policymakers to provide those businesses harmed by the coronavirus with greater assurances and predictability. They can do this by defending and strengthening the inter partes review process as a tool to eliminate low-quality, wrongly granted patents that harm the economy, stifle innovation, and cost jobs. 

There’s no disputing the fact that patent examiners are overburdened. Government records show that in 2018, there were 640,000 patent applications filed, but fewer than 8,200 patent examiners available to do a thorough review. On average, patent examiners only have about 19 hours to evaluate a patent application. Under these time constraints, a handful of ill-conceived applications are approved."

WIPO and the US Copyright Office Examine Artificial Intelligence and, to Lesser Extent, Intellectual Property; Info Justice, February 11, 2020

Sean Flynn and Andres Izquierdo, Info Justice; WIPO and the US Copyright Office Examine Artificial Intelligence and, to Lesser Extent, Intellectual Property

"On February 5, 2020, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) co-sponsored a well-attended event on Copyright in the Age of Artificial Intelligence (AI). The full-day event took an in-depth look at the development and operation of artificial intelligence (“AI”). It paid substantially less attention to the full range of intellectual property issues raised by this new field. 

The single-day event featured visual artists, audiovisual producers, music composers and executives, software developers, guilds of diverse artistic interests, people developing artificial intelligence, and (mostly perhaps) copyright lawyers." 

Will open data survive Trump?; InfoWorld, 1/16/17

Eric Knorr, InfoWorld; 

Will open data survive Trump?

"The incredible quantity of data collected across the federal government is a national treasure. Few other countries on earth apply the same energy, funding, and rigor to assembling such extensive stores. Even if ordinary citizens don't go to Data.gov for entertainment, both policymakers and business leaders need objective data to make sound decisions.

Before joining the Sunlight Foundation, Howard worked at O’Reilly Media, starting there a few years after Tim O’Reilly convened a group of open government advocates to develop the eight principles of open government data in 2007. Howard says the idea of open data really goes back to the Constitution, which stipulates an "Enumeration" (aka, census) be held to apportion Congressional seats -- an indication that "open data is in the DNA of the USA." Even further, open data harkens to the original Enlightenment idea that reason based on fact should govern human action.

We'll see how that quaint notion survives the postfact era. Meanwhile, consider contributing to the Sunlight Foundation and the Electronic Frontier Foundation."

Call for study of threat from "offline" filesharing; (London) Guardian, 1/15/10

Katie Allen, (London) Guardian; Call for study of threat from "offline" filesharing:

Swapping of music and video on hard drives and memory sticks could be just as big a threat as online firesharing, says report

"Policymakers urgently need better information on people's attitudes to copyright law, according to a report out today warning that friends swapping hard drives and memory sticks could pose as great a piracy threat to media companies as online filesharers.

The Strategic Advisory Board for Intellectual Property (Sabip), a body set up to advise the government, has been looking into "offline" copyright infringement after its research last year into online piracy threw up questions about how consumers get films, music and games for free.

"There's a whole big question here around what is happening offline digitally, the swapping of discs and data in that world. There's a lot of it going on," said Sabip board member Dame Lynne Brindley.

Brindley, chief executive of the British Library, said existing research did not give a clear picture of consumer behaviour. While there was some data on the proportion of people buying counterfeit CDs, DVDs and video games – estimated at between 7% and 16% of the population – Sabip was concerned that more needed to be known about other copyright breaches, such as hard-drive swapping and files being shared by wireless Bluetooth connections.

David Lammy, minister for intellectual property, said such offline copying had to be addressed. He said the Sabip research moved the focus from "geeky teenagers" and on to adults as well.

He said: "The need for research into this area is hugely important so we can understand consumer behaviour, to understand how to enforce copyright and to understand the scale of the problems we are experiencing."

Sabip's review of available national and international research concluded: "Policymakers urgently need a better understanding of how consumers behave in both the online and offline digital environment."

The review, conducted by BOP Consulting, also sought to show that consumers were "more interested in factors such as price, quality, and availability of material, rather than its legal status". It said: "Consumer behaviour online and offline in the digital world needs to be looked at from a new perspective – one that encompasses consumer choice rather than just from the viewpoint of criminal behaviour."

Lammy said that highlighted the need for "public education and for the right pricing and business models to adapt to this environment".

The review also concluded that "evidence" was mixed as to whether illegally consuming content complemented legal consumption – a point of much contention among music industry figures. Some artists claim filesharing can lead people to buy more legal products.

Duncan Calow, a media lawyer at DLA Piper, said the prevalence of offline copyright infringement – whether wilful or unwitting – underlines the need for media companies to better explain to consumers what they could and could not do with the products they bought.

As technology improves and film companies and publishers become more affected by piracy, he expects to see more copyright guidance from rights holders but not necessarily finger-wagging and a list of "don'ts". No one wanted a repeat of the bad press sparked by record labels' pursuit of individual filesharers in the courts.

"Hollywood has learned from looking at the music industry. Those same concerns are also in the publishing industry with the rise of the ebook. They are all desperate to avoid that kind of stand-off," he said.

"So they are starting to try in a fairer way to explain to their consumers what it is they are selling to them ... what is being offered in terms of how you can enjoy content.""

http://www.guardian.co.uk/business/2010/jan/15/offline-copyright-breaches-report