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Posts Tagged ‘ dmca ’

Populist Disconnect and the Whittling Away of IP Rights

Posted: Tuesday, Jul 29, 2014 @ 5:35 pm | Written by Gene Quinn | 25 comments
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Posted in: Copyright, Gene Quinn, IP News, IPWatchdog.com Articles, Patents, US Economy

In Joe Allen’s recent column Does Innovation Lead to Prosperity for All? he ended with a quote by Alexander Fraser Tyler from The Decline and Fall of the Athenian Republic, which suggested that a democracy cannot continue to exist once the majority realizes they can vote for candidates that promise a never ending stream of benefits. Eventually, the result of politicians handing out money and benefits for votes leads to a collapse as the result of unsustainable fiscal policy.  Allen quizzically ends by stating that this couldn’t ever happen in the United States, could it? Sadly, we know it is happening in America.

As of the writing of this article the U.S. national debt is over $17.6 trillion, which if you write out in long form is $17,600,000,000,000.00. To put this into perspective, if you wanted to count to 1 trillion and you counted a number ever second non-stop without sleep it would take you 31,546 years, which means that to count to 17.6 trillion would take you over 555,209 years. Explained another way, the height of a stack of 1 trillion one dollar bills measures 67,866 miles, which means that 17.6 trillion one dollar bills would be nearly 1.2 million miles. To put this into perspective the Earth is only on average 238,855 miles away from the moon.

Saying the United States has a spending problem is an extraordinary understatement, but spending continues. The public demands spending and so many people now erroneously believe that the way to improve the economy is for the government to spend ever more sums while at the same time regulating business like never before. Taking the foot off the throat of the private sector and reducing government spending has been a time tested and effective way to stimulate activity, create jobs and improve the overall economic condition of the U.S. economy. So there is an extreme disconnect between historical reality, what the people want and the policies America is pursuing.



Internet Policy Task Force to Host Multistakeholder Forum on Improving the Operation of the Notice and Takedown System under the Digital Millennium Copyright Act

Posted: Wednesday, Mar 12, 2014 @ 10:24 am | Written by U.S.P.T.O. | Comments Off
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Posted in: Copyright, Department of Commerce, Internet, IP News, IPWatchdog.com Articles, USPTO

Washington– The U.S. Department of Commerce’s Internet Policy Task Force (IPTF) will hold the first meeting of the public multistakeholder forum on improving the operation of the notice and takedown system for removing infringing content from the Internet under the Digital Millennium Copyright Act (DMCA) on March 20, 2014 at the USPTO headquarters in Alexandria, Virginia. The meeting was called for in the Commerce Department’s Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy released last year. The IPTF is a joint effort between the USPTO and the National Telecommunications and Information Administration (NTIA).

The goal of the multistakeholder forum is to identify best practices and/or produce voluntary agreements for improving the operation of the DMCA notice and takedown system. The IPTF plans to hold several additional meetings throughout the year. The initial meeting will focus on identifying concrete topics to be addressed by participants, and to discuss and make decisions about the process for the forum’s ongoing work. The IPTF aims to have participation from a wide variety of the notice and takedown system’s current users, including right holders and individual creators, service providers, and any other stakeholders that are directly affected – such as consumer and public interest representatives, technical and engineering experts, and companies in the business of identifying infringing content.



Department of Commerce to Host Meeting & Seek Comments on “Copyright Policy, Creativity, and Innovation in the Digital Economy”

Posted: Wednesday, Oct 2, 2013 @ 12:20 pm | Written by U.S.P.T.O. | Comments Off
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Posted in: Copyright, Department of Commerce, Internet, IP News, IPWatchdog.com Articles, USPTO

Washington – The U.S. Department of Commerce today announced that its Internet Policy Task Force (IPTF) will hold a public meeting to discuss copyright policy issues raised in a recently released green paper, “Copyright Policy, Creativity, and Innovation in the Digital Economy (Green Paper). In addition to the meeting, the IPTF is soliciting public comments, both of which are part of the IPTF’s efforts to continue a dialogue on how to improve the current copyright framework for stakeholders, consumers, and national economic goals. The meeting will be held on October 30, 2013, in Washington, D.C. The IPTF intends to hold the public meeting in the Amphitheatre of the Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Avenue, N.W., Washington, D.C.

Specifically in the Green Paper, the IPTF proposes five copyright policy issues to address, and the meeting will provide an opportunity for discussion that will be used to formulate the IPTF’s views and recommendations regarding copyright policy. The five issues include: (1) establishing a multistakeholder dialogue on improving the operation of the notice and takedown system for removing infringing content from the Internet under the Digital Millennium Copyright Act (DMCA); (2) the legal framework for the creation of remixes; (3) the relevance and scope of the first sale doctrine in the digital environment; (4) the application of statutory damages in the contexts of individual file sharers and of secondary liability for large-scale infringement; and (5) the appropriate role for the government, if any, to help improve the online licensing environment, including access to comprehensive databases of rights information.



How to Protect the Copyright of My Web Content

Posted: Wednesday, Jun 5, 2013 @ 7:45 am | Written by Oleksiy Synelnychenko | 1 Comment »
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Posted in: Copyright, Guest Contributors, IP News, IPWatchdog.com Articles

Under the DMCA or Digital Millennium Copyright Act, all content published online is protected under copyright law, regardless of it having the copyright symbol on the page. Any content, no matter the form it takes (whether digital, print, or media) is protected under copyright law. The prevention of copyright infringement requires constant vigilance; even using your own material in two different places and plagiarising unintentionally can land you in trouble.

Why It Is Important to Protect Your Online Content from Being Copied:

Copyright is important in all forms of media because it provides legal ownership over the work someone produces. This allows the author, artist, etc. control over how their work is used. Without copyright laws, content could be stolen from one creator and used by someone else; thus, a profit could be made by someone other than the creator from content that they put no effort into. Since it is the copyright holder’s responsibility to ensure that a copyright has not been infringed upon, it is vital to keep a close eye on your content and how it is used by others on the internet.



Unlocking Cell Phones Shouldn’t Dismantle Copyright Law

Posted: Thursday, Mar 14, 2013 @ 7:45 am | Written by Terry Hart | 4 comments
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Posted in: Congress, Copyright, Internet, IP News, IPWatchdog.com Articles

Senator Ron Wyden was first to submit legislation on unlocking cell phones.

The Digital Millennium Copyright Act (DMCA) has recently become a hot topic in Congress. The renewed interest is the result of a “We the People” petition that successfully reached the required number of signatures to merit a response from the White House. The petition, titled “Make unlocking cell phones legal,” said, “We ask that the White House ask the Librarian of Congress to rescind this decision, and failing that, champion a bill that makes unlocking permanently legal.” The White House fully agreed with the petition, responding, “It’s time to legalize cell phone unlocking,” and adding, “if you have paid for your mobile device, and aren’t bound by a service agreement or other obligation, you should be able to use it on another network.

Within days of the White House’s response, lawmakers were rushing to offer legislative fixes compatible with the petition. Senator Ron Wyden (D-OR) was the first to introduce a bill, the Wireless Device Independence Act (S.467), which would create a permanent exemption for unlocking. Most recently, Senator Patrick Leahy (D-VT) has introduced legislation, cosponsored by four other senators from both parties, that would reverse the Library of Congress’s decision and restore the exemption.

But many proponents of the original petition reacted negatively to these legislative proposals. Derek Khanna, for example, one of the most public advocates of cell phone unlocking, said of the legislation that “the worst … approach would be to simply reverse the decision of the Librarian of Congress and provide a temporary ‘exception’ for three years and let the Librarian rule on this again in three years.”



Jerk.com: Who to Contact to Get Removed

Posted: Friday, Jan 18, 2013 @ 11:52 am | Written by Gene Quinn | 22 comments
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Posted in: Copyright, Gene Quinn, Internet, IP News, IPWatchdog.com Articles

Jerk.com is one of those sites on the Internet that is the poster-child for everything wrong with the anonymity of Internet communications. Shrouded in the secrecy provided by the Internet, anonymous cowards become emboldened to say vile things and stoop to ridiculous lows — even publishing pictures of minors and asking the Internet community to vote on whether the minor is a jerk. That is the business Jerk.com is in, and they refuse to remove any profile that has been created regardless of the vile, anonymous comments that have been posted.

An earlier edition of the Jerk.com “REMOVE” page explained:

No one’s profile is ever removed because Jerk is based on searching free open internet searching databases and it’s not possible to remove things from the Internet. You can however use Jerk to manage your reputation and resolve disputes with people who you are in conflict with.

That obviously ridiculous and inaccurate statement of fact and law has been watered down now, but based on what I hear from those who feel aggrieved by Jerk.com suggests that their philosophy seems to continue to be that no one gets removed. Jerk.com almost seems to play the part of victim, suggesting that it is impossible to remove something from their servers. It is certainly possible for Jerk.com to remove a profile.



Jerk.com – Dealing with Online Harassment & Cyberbullying

Posted: Monday, Apr 16, 2012 @ 3:09 pm | Written by Gene Quinn | 38 comments
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Posted in: Copyright, Gene Quinn, IP News, IPWatchdog.com Articles, Right of Publicity

UPDATE: First, please realize that IPWatchdog is not in any way affiliated with Jerk.com. We are a blog reporting on intellectual property and Internet issues.  Second, since this article was initially published Amazon.com has severed ties with Jerk.com. Third, if you wish to try and get removed please see Jerk.com: Who to Contact to Get Removed (published on IPWatchdog.com 1/18/2013).

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Jerk.com is perhaps the most abusive and offensive website on the Internet.  In addition to encouraging the voting on whether people are jerks they allow the most vile commentary to be published.  I can’t think of anything else to call this other than cyber bullying.  Not only are they engaging in widespread harassment of unsuspecting, innocent and helpless individuals — INCLUDING CHILDREN — but they are also engaged in widespread copyright infringement.

I have never had more e-mail inquiries from a single article than I received from the article I wrote just 5 weeks ago titled Using U.S. Copyright Law to Get Removed from Jerk.com.  The Digital Millennium Copyright Act makes it easy to get copyrighted materials removed from the Internet because if a proper demand is made and there is no removal than the entity that hosts the infringing content is liable for the copyright infringement.  Webhosting companies are immune from copyright infringement lawsuits if they promptly remove infringing material when notified.  For reasons I cannot explain Jerk.com has not removed copyrighted material even after being properly notified.  What is more curious is that Amazon.com is hosting the Jerk.com material on its servers, which means Amazon.com has opened itself up to extraordinary liability. I know there are people already investigating class action lawsuits against Jerk.com, and Amazon.com will of course be made a party for their failure to take action where the law requires action to be taken.



Using U.S. Copyright Law to Get Removed from Jerk.com

Posted: Friday, Mar 9, 2012 @ 2:40 pm | Written by Gene Quinn | 28 comments
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Posted in: Copyright, Gene Quinn, IP News, IPWatchdog.com Articles, Right of Publicity

UPDATE: First, please realize that IPWatchdog is not in any way affiliated with Jerk.com. We are a blog reporting on intellectual property and Internet issues.  Second, since this article was initially published Jerk.com has moved it hosting at least several times. Third, if you wish to try and get removed please see Jerk.com: Who to Contact to Get Removed (published on IPWatchdog.com 1/18/2013).

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Jerk.com is one of those sites on the Internet that is the poster-child for everything wrong with the Internet and the anonymous communications that are so commonplace. The Internet is the refuge for cowards that wouldn’t have the guts to approach someone and say what they really feel to their face.  Shrouded in secrecy provided by the Internet anonymous cowards become emboldened to say vile things and stoop to ridiculous lows — even publishing pictures of young children and asking the Internet community to vote on whether the minor is a jerk.

Jerk.com isn’t the worst website on the Internet by a long shot, but the arrogance with which the site is operated and the flagrant disregard for copyright law is astounding. It seems that anyone can anonymously post a picture of anyone else on Jerk.com, including pictures of young children, and then the voting begins with respect to whether that person is a jerk. All of this is done without the knowledge, permission or consent of the individual, or parents of young children.  Once published, anonymous and sometimes vile comments are accepted and posted. Talk about cyberbullying!  Disgusting!



Stopping Online Piracy in the Age of Entitlement

Posted: Friday, Feb 3, 2012 @ 5:30 am | Written by Gene Quinn | 64 comments
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Posted in: Copyright, Entertainment Industry, Gene Quinn, Internet, IP News, IPWatchdog.com Articles

According to the United States Chamber of Commerce “rogue web sites that steal America’s innovative and creative products attract more than 53 billion visits a year and threaten more than 19 million American jobs.” NY Times Letter, November 18, 2011. Unfortunately, that doesn’t seem to matter much to those who believe they ought to be entitled to take, use, copy and distribute things that they legally do not own. We live in the age of entitlement.

All you have to do is look around at the various “Occupy this” or “Occupy that” groups that pitch tents and live rent free for months right in the heart of a once thriving business district. For crying out loud these “Occupy” people don’t even pay for permits like government makes the rest of us law abiding citizens do. There is an alarming double standard growing in the United States and frankly it is rather disgusting if you ask me.  Whether you want to believe it or not, billions of dollars every year are lost as the result of theft of intellectual property.



Internet Copyright Theft: Content Creators Must Stay Vigilant

Posted: Saturday, Sep 3, 2011 @ 5:43 pm | Written by Gene Quinn | 1 Comment »
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Posted in: Copyright, Gene Quinn, Internet, IP News, IPWatchdog.com Articles

The digital age is upon us and there is no turning back. People all over the world are becoming increasingly connected via the global telecommunications network that we call the Internet. Perhaps the best, and certainly the most cited, definition of the Internet can be found in the now famous district court decision in American Civil Liberties Union v. Reno, 929 F.Supp. 824, 830-31 (E.D. Pa. 1996), which defines the Internet as follows: “The Internet is not a physical or tangible entity, but rather a giant network which interconnects innumerable smaller groups of linked computer networks. It is thus a network of networks.”

This network of networks connects people from far away places as if they are in the next room. The Internet has revolutionized communications and the way we live, making virtual friends online that we are likely to never even meet; namely, those from far away locations that we share similar interests with and connect with via LinkedIn, befriend on Facebook or those we play fantasy sports in the same ESPN league. But for all the good and enjoyable that comes from the Internet there are ever present downsides. Loss of privacy, being constantly tethered to a machine or device and, of course, the crimes that become so much easier to perpetrate.