Stories of interest include Apple’s moves in VR and AR, the future of AI research, the security holes in the Internet of Things, and more.
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The Complicated Relationship between DMCA Takedown Notices and the Word “Expeditious”
Hours. Days. Weeks. Months. When it comes to acting on copyright infringement takedown notices, just how fast is fast enough for social media platforms? Some recent (and not-so-recent) cases reveal how difficult the question has proven for the courts.
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Living in a Nonmaterial World: Determining IP Rights for Digital Data
The U.S. International Trade Commission (ITC) regulates U.S. trade and oversees Section 337 investigations that address unfair competition based on alleged infringement of intellectual property rights. The ITC has been a popular alternative to litigation in district courts because of the relatively swift resolution it provides. (Final phases of the investigations typically occur 12 to 18 months from initiation.) However, a 2015 Federal Circuit decision has limited the ITC’s authority to regulate “articles that infringe” U.S. intellectual property rights and that are imported into the U.S. In ClearCorrect v. ITC, 2014-1527, the appeals court held that the “articles that infringe” are limited to “material things” and thus do not include “electronic transmission of digital data.”
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News of Note for the Internet-Minded – 1/7/16
Stories of interest include the return of the bots, an exploration of Facebook’s interest in virtual reality, a host of wearable tech developments, and more.
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Hashtags, Trademarks and One #ProudMama
We have previously discussed how the use of the hashtag in trademarks is continuously evolving. As it turns out, the latest evolutionary wrinkle might have started to form this past March, thanks to one of pop culture’s more prominent mothers.
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News of Note for the Internet-Minded – 12/23/15
Stories of interest this week include Toyota’s high-precision mapping system, a European ToS fight, 3D printing with glass, a recap of VR breakthroughs in 2015, and more.
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News of Note for the Internet-Minded – 12/17/15
Stories of interest this week include a developers showcase for the HoloLens, robots able to feel textures like humans, a cool billion invested in AI, and more.
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Google Gives Fair Use on YouTube a Fighting Chance
Last month, Google announced a groundbreaking policy that may help shift the balance of power between copyright claimants and those who upload YouTube videos that may be covered by fair use. According to Google’s Public Policy Blog, users upload more than 400 hours of video every minute. Those uploads sometimes make use of existing video or music clips in new and transformative ways. When uploads transform the original work in this way (such as a parody or critique), it adds social value beyond the value contained in the original work. In the United States, a transformative use is considered a fair use and exempted from copyright infringement liability.
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News of Note for the Internet-Minded – 12/10/15
Stories of interest this week include Google’s quantum computer (and bucket-load of patents), an AR-based visual browser, concerns over spying and toys, and more.
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Shielding Your Patent from “Abstract” Reasoning
Patents related to games are facing new challenges for being too “abstract,” but a recent court ruling highlights the limits to this line of attack. Last year, the Supreme Court reinvigorated a body of law that defines the types of inventions eligible for patent protection. Generally, inventions deemed “abstract” are ineligible for patenting, unless there is some other inventive concept in how the invention is implemented. Defendants accused of infringing game-related patents have seized on this body of law to challenge issued patents as being mistakenly granted. But in these challenges, what counts as “abstract” has been subject to much debate. So new court rulings on patent eligibility of interactive-entertainment technologies are worth noting. A recent decision should comfort game-patent owners.