Weekly News RoundupDecember 13, 2010 Copyright Office , Fair Use , Network Neutrality , Three Strikes , Trademark
As the Net Neutrality debate brews, PK and others continue push for strengthening the proposal. Our three points of concern are ensuring protections for wireless access to the Internet, preventing paid prioritization, and simplifying the definition of “broadband Internet access service” (to avoid potential loopholes). Senator Al Franken sent a letter to the FCC Friday emphasizing the importance of “significantly strengthen[ing]” the proposal. Also, PK’s head of government relations responded to the mythical the meme that “300 Members of Congress are opposed to Net Neutrality”.Read More
Trademark Law Doesn’t Allow Companies to Silence CompetitorsDecember 8, 2010 Fair Use , Trademark
Trademark law is a consumer protection law, designed to prevent companies from passing off their products as someone else’s. It doesn’t prevent a company from comparing its products to another company’s, it doesn’t prevent resellers from accurately pointing out what products they have for sale, and it doesn’t prevent a company from marketing itself to consumers who have expressed an interest in a competitor’s products by, for example, buying advertising that appears when users search for the name of a competitor’s product. Necessarily, it can’t be used to stop search engines like Google, Bing, and Yahoo from engaging in their common practice of selling the keyword advertising space that enables these kinds of uses.Read More
While Net Neutrality has grabbed the headlines this week, that doesn’t mean things have been quiet on the intellectual property front. The scales of justice have often tilted too far in imposing excessive restrictions through IP, but it appears the Supreme Court may be looking to restore some balance. This Monday the Supreme Court decided which cases it will be dealing with this year, and consumers and innovators should be encouraged by the results.
ACSBlog: The Trouble with ACTAApril 12, 2010 ACTA , Three Strikes , Trademark , Transparency , USTR
UPDATE: Take ACTION! Tell the Federal Government What You Think of Copyright EnforcementMarch 23, 2010 ACTA , Fair Use , Patent , Piracy , Trademark
UPDATE: The deadline for comments passed at 5 p.m. today.
As John noted not too long ago, the new Intellectual Property Enforcement Coordinator has asked for your opinions on how the various government agencies involved with IP enforcement should go about doing their jobs—what harms of infringement should be addressed, and what changes in policies, regulations, and even the law, need to be made so that we can have a workable and effective national enforcement policy.
We want to make sure that enforcement efforts aren't so broad and indiscriminate that they target fair uses of copyrighted works, or use draconian tactics that will cut off Internet access for those merely accused of infringement. We also want to make sure that changes to enforcement policy and IP law are made in open forums, not in secretive agreements like the proposed Anti Counterfeiting Trade Agreement.Read More