Google needs to take a consistent position on the International Trade Commission’s role in IP rights enforcement, said Free State Foundation President Randolph May in a blog post Tuesday. Google had said in 2014 comments on the Align Technology-ClearCorrect patent case that ITC authority to prevent infringing imports doesn’t extend beyond physical goods. The ITC voted 5-1 that digital goods like the digital scans of dental appliances at issue in ClearCorrect’s case constitute “articles” that are within the commission’s purview under Section 337 of the 1930 Tariff Act. Align’s appeal of the ITC ruling is set for oral arguments Aug. 4 at the U.S. Court of Appeals for the Federal Circuit. Google and allies claimed during the 2011-2012 debate over the Stop Online Piracy Act (SOPA) that online infringement “should be treated as an international trade issue,” May said. “For well over 80 years, the independent International Trade Commission (ITC) has been the venue by which U.S. rightsholders have obtained relief from unfair imports, such as those that violate intellectual property rights. Under Section 337 of the Tariff Act of 1930 -- which governs how the ITC investigates rightsholders' request for relief -- the agency already employs a transparent process that gives parties to the investigation, and third party interests, a chance to be heard,” Google and other SOPA opponents said in a fact sheet supporting the alternative Online Protection and Enforcement of Digital Trade Act. “In light of these statements touting the efficacy of international trade remedies, and the fact that SOPA and the OPEN Act obviously were all about protecting digital data, not physical goods, it's hard to believe that Google is now arguing that the imported ‘articles’ over which the ITC possesses authority do not include digital content,” May said. Google didn’t immediately comment.
Court of International Trade activity
Privacy advocates are concerned about the commercial and private use of unmanned aircraft systems, said comments posted on the NTIA’s website Friday as a preliminary part of its multistakeholder process on privacy, transparency and accountability issues of drones. Comments were due Monday (see 1504200045). More than 50 individuals and organizations filed, including Amazon, the Center for Democracy & Technology (CDT), the Future of Privacy Forum (FPF), the Information Technology and Innovation Foundation (ITIF), New America Foundation’s Open Technology Institute and TechFreedom. Though some backed stringent privacy guidelines to protect privacy, others said Americans are apprehensive when new technologies are introduced and strict rules shouldn't be written for drones because they may hamper innovation.
A recently leaked portion of the Trans-Pacific Partnership purports to show provisions that would “enable multinational corporations to undermine public interest rules through an international tribunal process called investor state dispute settlement (ISDS),” the Electronic Frontier Foundation said in a blog post Wednesday. The authenticity of the leaked documents couldn't be independently confirmed. “Under this process, foreign companies can challenge any new law or government action at the federal, state, or local level, in a country that is a signatory to the agreement,” it said. That has implications for intellectual property, EFF said. The leaked text said the provisions don't "apply to copyright and patent rules as long as those rules are 'consistent with' the TPP's Intellectual Property Chapter" and the Trade-Related Aspects of Intellectual Property Rights agreement, said EFF. "This means that the agreement gives the ISDS court the ability to interpret national compliance with the provisions of the TPP, a dangerous proposition given the partisan nature of the ISDS courts."
Netflix adds Anne Sweeney, Disney-ABC TV, and Brad Smith, Microsoft, to board ... Comcast promotions include: to executive vice president Charlie Herrin, customer experience, and Matthew Strauss, also to general manager-video services; to senior vice president Clem Cheng, human resources, sales and marketing, Daniel Herscovici, also to general manager-Xfinity Home, Jan Hofmeyr, for X1 platform, Bridget Kimball, software development & engineering, Rick Rioboli, Comcast metadata products and search services, Sherita Ceasar, national video deployment engineering, Michael Brady, state regulatory affairs, Klayton Fennell and Rick Smotkin, government affairs, and Kathryn Koles and David Marcus, both also deputy general counsel; and to vice president Juan Otero, federal government affairs, Matthew Fradin and Derek Squire, also to senior deputy general counsels, and Mark Dellinger, strategic intellectual property ... CEA President Gary Shapiro, NAB President Gordon Smith and NCTA President Michael Powell to participate in "Future of TV Super Panel," moderated by Wiley Rein Chairman Dick Wiley, at ATSC Broadcast Television Conference May 14, Reagan Building and International Trade Center, Washington ... Communications Sales & Leasing hires Mark Wallace, ex-Fortress Investment Group, as senior vice president-chief financial officer and treasurer.
Ericsson sued Apple over 41 patents covering many aspects of iPhones and iPads, said the plaintiff in a news release Friday. After Apple refused the offer to have a court determine fair licensing terms binding to both companies, Ericsson filed two complaints with the International Trade Commission and seven with the U.S. District Court in Tyler, Texas, it said. A jury in that court last week found against Apple in another lawsuit by Smartfish (see 1502270013). The patents in question for Ericsson are related to 2G and 4G/LTE standards as well as design of semiconductor components, user interface software, location services and applications, as well as the iOS operating system, it said. Ericsson seeks exclusion orders in the ITC proceedings and damages and injunctions in the court actions. Apple also sued, asking U.S. District Court in San Francisco to find that it does not infringe on a small subset of Ericsson's patents, said the release. Apple didn't comment.
The rise in lobbying spending from tech companies and related trade associations continued in Q4, according to federal lobbying disclosure forms filed this week. Google spent more on lobbying than any other tech or communications company in 2014, while Amazon, Apple and Facebook set company lobbying expenditure records (see 1501210035). Google’s $16.83 million in 2014 was also a company record. MPAA and RIAA spent less on lobbying in 2014 overall than in 2013. Telecom companies also reported Q4 spending (see 1501220051).
The Obama administration’s 2009 rules that have kept many registered lobbyists out of the administration remain controversial, though they were watered down in August, industry officials said. While they've likely had an effect on the revolving door between industry and the government, industry observers said one concern has always been that they targeted some lobbyists -- those registered with Congress -- while ignoring other kinds of lobbying -- for example, those representing a company before the FCC or another federal agency.
National Association for Multi-ethnicity in Communications hires Eglon Simons, ex-Cablevision, as president and CEO, replacing Alicin Williamson, Raben Group, who was interim executive leader, and promotions include Vice President-Education Programs and Diversity Solutions James Jones to also be executive director, NAMIC Foundation, new position … U.S. Court of Appeals for the Federal Circuit Judge Randall Rader retiring, after recently stepping down as its chief judge after he said his letter of praise to a lawyer breached his ethical obligations (CD May 28 p12).
The International Trade Commission stayed a cease-and-desist order Wednesday while the U.S. Court of Appeals for the Federal Circuit considers whether data transmissions are “articles” that can be imported and can violate Section 337 of the Tariff Act. The ITC had issued the order against ClearCorrect in April, barring the company from transmitting files to the U.S. that it uses to manufacture invisible realignment braces via a 3D printer. The agency had said the transmission of the files over the Internet constitutes importation, and that the files violated patents held by Align Technology. ClearCorrect filed an appeal on May 2. The ITC said it doesn’t usually stay Section 337 remedial orders, but will do so in the case because the issue of whether data is an article that can be imported is an “admittedly difficult question.”
The Telecom Act was largely a success, which spurred competition, said former FCC officials in interviews. They disagreed whether Congress should again take on comprehensive legislation, more than 18 years after the act was passed by a Republican-controlled Congress and signed into law by Democratic President Bill Clinton.