Patent Data – The Modern Investor’s Crystal Ball; Intellectual Property Watch, March 6, 2017

Sirena Rubinoff, Intellectual Property Watch; 

Patent Data – The Modern Investor’s Crystal Ball

"What if there was a crystal ball that could tell you where and when to invest your money? It sounds like science fiction, but engineers at MIT have actually developed a formula that can predict future events in tech development. The formula is based on a combination of big data from patent applications and smart analytics which, when put together, can estimate how fast a technology is advancing.

Why patent applications?

If you want to know where technology is headed, a great place to look is in a patent application database like the USPTO. One of the qualifications for getting a patent granted is “novelty,” which means new, similar innovations won’t appear anywhere else. Once enough data is collected from the database, it can be used to map out and predict unique advancements in specific areas of technology."

Peer-review activists push psychology journals towards open data; Nature, March 1, 2017

Gautam Naik, Nature; 

Peer-review activists push psychology journals towards open data

"An editor on the board of a journal published by the prestigious American Psychological Association (APA) has been asked to resign in a controversy over data sharing in peer review.

Gert Storms — who says he won’t step down — is one of a few hundred scientists who have vowed that, from the start of this year, they will begin rejecting papers if authors won’t publicly share the underlying data, or explain why they can’t.

The idea, called the Peer Reviewers’ Openness Initiative, was launched by psychologists hoping to increase transparency in a field beset by reports of fraud and dubious research practices. And the APA, which does not ask that data be made available to peer reviewers or shared openly online, seems set to become an early testing ground for the initiative’s influence. With Storms’ situation still unresolved, the society’s council of editors will discuss whether it should change its policies at a meeting in late March."

U.S. Withdrawal from TPP Impact on Intellectual Property; Inside Counsel, March 3, 2017

Amanda Ciccatelli, Inside Counsel; 

U.S. Withdrawal from TPP Impact on Intellectual Property

"Further, the U.S. withdrawal from the TPP may have major global implications for IP rights. As the TPP was being negotiated, the Regional Comprehensive Economic Partnership (RCEP) was slowly progressing in the background. The RCEP is a Chinese- and Indian-led alternative to TPP that includes all seven of the Asian and Oceanic states in TPP, plus South Korea, Laos, Myanmar, Indonesia, the Philippines, Thailand, and Cambodia. 

“But the RCEP is almost certain to provide less protection for IP rights – especially pharmaceutical patent rights – than the TPP would have,” Rich said. “India and China are traditionally hostile to strong pharmaceutical patent protections of the type found under U.S. law, calling such patent protections ‘evergreening.’ “So, the rejection of the TPP is likely to allow an alternative, less protective paradigm for international IP rights to arise in its place.”"

LDS Church goes after MormonLeaks, accuses website of ‘copyright’ violation; Salt Lake Tribune, March 3, 2017

Christopher Smart, Salt Lake Tribune; 

LDS Church goes after MormonLeaks, accuses website of ‘copyright’ violation

"The website — which has generated headlines by posting purloined papers on topics ranging from how much Mormon apostles are paid to rules for missionary phone calls home — recently circulated a PowerPoint presentation highlighting issues that could lead members away from the fold.

On Wednesday, The Church of Jesus Christ of Latter-day Saints threatened legal action against MormonLeaks, alleging that the site published copyright material. The PowerPoint was posted on www.docdroid.net, a YouTube-like hosting site for documents, but was removed after the church sent its letter."

Lou Reed Archives Head to New York Public Library; New York Times, March 2, 2017

Ben Sisario, New York Times; 

Lou Reed Archives Head to New York Public Library

"Ms. Anderson said that the library’s mandate of making its collections available to the public was central to her decision to place the archive there. But she also felt that it all simply belonged in New York.

“Lou is kind of Mr. New York,” Ms. Anderson said. “This is the city he loved the most. It doesn’t make any sense for him to be anywhere else. Then, what’s the best place in New York? This is the best place in New York.”

She also giggled a little, and made a mock librarian’s shush, as she added: “I just love that somebody who is so loud is in the New York Public Library.”"

Privacy Laws and Listener Data in the Music Industry; Inside Counsel, March 2, 2017

Adrian J. Perry and Sari Sharoni, Inside Counsel; 

Privacy Laws and Listener Data in the Music Industry

"Whether and how state privacy laws across the United States apply to the collection and sharing of listener preference data could have a profound effect on not only the ability of music streaming services to deliver their content to listeners, but on the future of music and the music industry generally.

A recent U.S. Court of Appeals for the Ninth Circuit decision, in which the court dismissed a proposed class action suit against Pandora for disclosure of listener music preferences in violation of Michigan's Preservation of Personal Privacy Act (PPPA), shed light on the uncertainty looming over the music industry from the prospect of state privacy law placing constraints on the alienability of this valuable data.

The Michigan PPPA, in relevant part, prohibits a business engaged in selling, renting, or lending sound recordings from knowingly disclosing to anyone information that personally identifies a particular customer as having purchased, leased, rented, or borrowed those sound recordings from that business. The question before the Ninth Circuit was whether this statute could be construed to prohibit Pandora, a music streaming service with both paid and ad-supported unpaid options, from disclosing listener preference data."

Stupid Patent of the Month: IBM Patents Out-of-Office Email; Electronic Frontier Foundation (EFF), February 28, 2017

Daniel Nazer, Electronic Frontier Foundation (EFF); 

Stupid Patent of the Month: IBM Patents Out-of-Office Email

"Update: March 1, 2017 Today IBM told Ars Technica that it "has decided to dedicate the patent to the public" and it filed a formal disclaimer at the Patent Office making this dedication. While this is just one patent in IBM's massive portfolio, we are glad to learn that it has declared it will not enforce its patent on out-of-office email.

On January 17, 2017, the United States Patent and Trademark Office granted IBM a patent on an out-of-office email system. Yes, really.

United States Patent No. 9,547,842 (the ’842 Patent),“Out-of-office electronic mail messaging system,” traces its history to an application filed back in 2010. That means it supposedly represents a new, non-obvious advance over technology from that time. But, as many office workers know, automated out-of-office messages were a “workplace staple” decades before IBM filed its application. The Patent Office is so out of touch that it conducted years of review of this application without ever discussing any real-world software."