Intellectual Property Roundup

Copyright Office Says Aereo Doesn’t Qualify for Compulsory License (Los Angeles Times)
The U.S. Copyright Office said in its opinion that Aereo does not qualify for a compulsory license that would allow it to continue to stream content from local television stations.

UK ISPs to Alert Suspected Pirates (GigaOM)
Major British Internet service providers will start sending out alerts to subscribers they believe to be unlawfully downloading copyrighted material, but there won’t be any consequences beyond that.

Secondhand eBookstore Tom Kabinet Can Stay Online, Dutch Court Rules (GigaOM)
In a significant upset for the European publishing industry, the Amsterdam district court has refused to order the closure of secondhand ebook store Tom Kabinet, saying EU law isn’t clear enough on digital media resale rights to take that step.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA. Follow Keith on Twitter at @keithkup and sign up for the Intellectual Property Roundup weekly newsletter here.

Digital Policy Roundup

DOC Announces Creation of Chief Data Officer, Private Sector Advisory Council

Last week, U.S. Secretary of Commerce Penny Pritzker announced that the Department of Commerce (DOC) is expanding its role as “America’s Data Agency” by hiring the first ever Chief Data Officer. The role of the new CDO will be to oversee improvements to data collection and dissemination, and to ensure that Commerce’s data programs are coordinated, comprehensive, and strategic. In coordination with the new CDO, the DOC will also soon create a data advisory council, comprised of private sector leaders, to advise the Department on how to best use and unleash more government data.

This announcement is a major step in the direction of meeting one of SIIA’s key policy priorities. As established in our 2013 paper on Data-Driven Innovation, , SIIA is a leading proponent of open data policies, to use public-private partnerships to provide access to critical public data, and to adopt enterprise architectures that enable sharing. Governments at all levels possess treasure troves of valuable data that have gone largely untapped for many years. More than ever before, citizens want access to government data, and they want it applied in innovative ways to which they are increasingly becoming accustomed.

Publication of European Commission “White Paper” on Copyright Delayed

The press report that a white paper on the future of copyright has been removed from the agenda of a meeting of European commissioners next week. The white paper, which is supposed to set out a roadmap for possible reform in the European Union, has elicited a great deal of interest among both pro-copyright and other stakeholders. Perhaps reflecting the current controversies surrounding copyright, Commissioner Barnier who is responsible for the Internal Market and Services, appears to have been outmaneuvered by the European Commissioner for the Digital Agenda, Nellie Kroes.

Kroes delivered a widely discussed speech on July 2 called “Our single market is crying out for copyright reform.” Her speech has been widely viewed as an attempt to force the Commission’s hand to propose reforms that some observers would consider a weakening of copyright protections. Kroes, for instance, made it quite clear that she would favor a European Union-wide copyright exception for non-commercial text and data mining. And she noted that Japan has introduced a text and data mining exception that includes commercial use. There have been reports of leaked versions of the white paper which suggest that Barnier has taken a neutral approach to many of the issues that critics of copyright cite as ripe for reform. This is what observers believe prompted Kroes to deliver her July 2 speech calling for reform now.

As a practical matter, given that there will be a new Commission in October, copyright changes are not likely before 2015 at the earliest. Moreover, even if Kroes is considered the “winner” now in terms of stopping the white paper’s release, the white paper will likely still be the base document the next Commission uses to start considering possible copyright changes.


David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy. Follow the SIIA public policy team on Twitter at @SIIAPolicy.

Intellectual Property Roundup

IP News

Google, Canon, Dropbox and Others Pool Parents to Ward Off Trolls (Re/code)
A coalition of technology companies have agreed to join the License on Transfer network, promising to grant licenses to one another whenever one of those patents is sold, in an attempt to defang patents before they get into the hands of patent trolls.

Copyright Office Ponders Aereo Fallout (The Hill)
The U.S. Copyright Office is asking the public to weigh in on what the Supreme Court’s ruling on streaming TV service Aereo means for the future of copyright law.

Aereo’s Plan C for Cable (ZDNet)
Aereo’s new plan after the Supreme Court ruled its service was illegal is to argue that it is a cable company and as such Section 111 of the Copyright Act grants it the “compulsory licenses” it needs to re-transmit over-the-air television content.

White House Pulls Plug on Controversial Patent Office Nominee (GigaOM)
The Obama Administration has backed away from an unpopular plan to name a Johnson & Johnson executive and patent reform opponent as head of the U.S. Patent Office.

House Panel Approves Bill to Curb Patent Threats (The Hill)
The House Commerce subcommittee approved Chairman Lee Terry’s bill, the Targeting Rogue and Opaque Letters Act, a bill aimed at increasing transparency and accuracy in the letters companies send to threaten patent infringement lawsuits.

File-Sharing Lawsuits Are a Waste of Mondy, Says the American Bar Association(VentureBeat)
The American Bar Association is recommending to its members that they stop filing file-sharing lawsuits since they “do not yield significant financial returns.”


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA. Follow Keith on Twitter at @keithkup and sign up for the Intellectual Property Roundup weekly newsletter here.

Digital Policy Roundup

Data Analytics Event This Thursday

Join SIIA for lunch and exciting technology presentations on how big data is being employed to empower and protect citizens. The lunch workshop, “Big Data at Work for Citizens: Applying Data Analytics for Empowerment and Fraud Prevention,” will take place Thursday, July 17 from 12-1:30pm in Room G11 of the Dirksen Senate office building.RSVP HERE

Executive Director Marjory Blumenthal of the President’s Council of Advisors on Science and Technology (PCAST) will open the event with discussion of the Administration and PCAST reports on Big Data and Privacy released in May. In addition, the SIIA workshop will provide for Q&A and discussion about key policy considerations to maximize data-driven innovation. For more information, or to register, click here!

Patent Troll Demand Letter Bill Passes House Subcommittee

Last Thursday, the House Energy and Commerce Committee’s Subcommittee on Commerce, Manufacturing and Trade passed the Targeting Rogue and Opaque Letters Act (TROL Act) by a vote of 13-6. The bill attempts to crack down on demand letters sent by patent trolls by giving the Federal Trade Commission (FTC) the authority to seek penalties when patent licensing demand letters make false or misleading statements. The bill has been widely criticized and even its sponsor, Rep. Lee Terry of Nebraska, has conceded that the bill needs to be further amended to address these concerns. The real question seems to be whether amendments can fix the bill or whether it is fatally flawed. Contentious provisions in the bill include provisions that would: (i) create an affirmative defense that applies if the sender can show that the statements made in the letter were made in good faith or that the sender usually sends letters that are not misleading; (ii) preempt state laws dealing with demand letters; (iii) compromise the FTC’s ability to get an injunction under Section 5 of the FTC Act, which allows it to police deceptive business practices.

Potential PTO Director Nominee Withdrawn

Back in late June rumors swirled that the Obama Administration had planned to name Phil Johnson, a pharmaceutical executive for Johnson & Johnson, as head of the U.S. Patent and Trademark Office. Given Johnson’s very public stance against patent troll litigation reform legislation, the potential appointment was met with significant criticism. In response, last week, the Administration apparently backtracked on the appointment and has withdrawn Johnson’s name from consideration. It is unclear who or when the Administration will name someone to head the PTO in lieu of Johnson.

European Parliament’s International Trade Committee (INTA) Chairman Pushes for Less Ambitious TTIP

Inside U.S. Trade reports that the new Chair, Bernd Lange (member of the Socialists & Democrats group) would like to conclude TTIP by the end of 2015, not the end of 2014 which was the original plan. He would like a more “classic” agreement focused on tariffs, some non-tariff barriers, and government procurement. Regulatory cooperation and Investor State Dispute Settlement (ISDS) would be left out under this scenario. Lange’s comments illustrate how unpopular trade agreements are on the other side of the Atlantic, as well as in the United States. Regulatory cooperation is arguably the most important component of the TTIP given the ambition, often stated in both the United States and the European Union, for the TTIP to serve as a model for the rest of the world. The role of parliament is significant on trade. In 2012 the parliament rejected the Anti-Counterfeiting Trade Agreement (ACTA), which the European Commission (the European Union’s executive branch) had invested significant political capital to conclude. As a result, the Commission has to take parliament’s views seriously.


David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy. Follow the SIIA public policy team on Twitter at @SIIAPolicy.

Intellectual Property Roundup

House Commerce Marking Up Rogue Patent Letters Bill (Broadcasting & Cable)
The House Commerce, Manufacturing and Trade Subcommittee has scheduled a July 10 markup for the Targeting Rogue and Opaque Letters Act, a bill that would crack down on “illegitimate” patent demand letters.

Singapore Passes Law to Block Illegal Sites (CNET)
The Singapore government has passed an amendment to the country’s Copyright Act that will let content owners compel service providers to block infringing sites.

30,000 ‘Pirates’ Receive Fake ‘Fines’ With Trojans Attached (Torrent Freak)
An estimated 30,000 Internet users have recently received emails containing copyright warnings and demands for cash settlements. These fake emails detail alleged infringements, and contain Trojans waiting to be installed.

China’s ‘Little I Robot’ Prevails Over Apple in Patent Case (The Wall Street Journal)
Apple has suffered a legal setback in China, after a court rejected its claim against a Chinese company related to its voice-controlled assistant, Siri.

Why Apple Losing a Siri Patent Case in China is Great News for IP Holders Everywhere (Forbes)
A look at why Apple’s loss may be good for intellectual property holders everywhere- Chinese courts and Chinese companies are only going to start taking IP protection seriously when they have some of their own to protect.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA. Follow Keith on Twitter at @keithkup and sign up for the Intellectual Property Roundup weekly newsletter here.

Digital Policy Roundup

SIIA Event to Explore Real-World Impact of Big Data & Policy Implications

Join SIIA for lunch and exciting technology presentations on how big data is being employed to empower and protect citizens. The lunch workshop, “Big Data at Work for Citizens: Applying Data Analytics for Empowerment and Fraud Prevention,” will take place on July 17 from 12-1:30pm in Room G11 of the Dirksen Senate office building. RSVP HERE.

Executive Director Marjory Blumenthal of the President’s Council of Advisors on Science and Technology (PCAST) will open the event with discussion of the Administration and PCAST reports on Big Data and Privacy released in May. In addition, the SIIA workshop will provide for Q&A and discussion about key policy considerations to maximize data-driven innovation. For more information, or to register, click here.

WIPO Considers Copyright Exceptions for Libraries and Archives

Discussion continued at the World Intellectual Property Organization during the 28th meeting of its Standing Committee on Copyrights and Related Rights on the need for exceptions and limitations for libraries and archives. The US and EU opposed a new treaty, noting that countries had flexibility to craft their own national exceptions to allow libraries to fulfill their public mission, subject to internationally recognized constraints. Blocks of other countries urged the need for a treaty to overcome coordination difficulties. The US urgedwork on principles and objectives to guide national legislation and the EU did not object. SIIA weighed in with a statement supporting the US position and encouraging further productive discussion. The meeting adjourned without a resolution of the issue. They will be taken up again at the next meeting of the SCCR in December.

Garnering Considerable Attention, European Commission VP and Commissioner Kroes Delivers Speech on Copyright

On July 2 the outgoing Commissioner, Nellie Kroes, delivered a speech in Amsterdam entitled: “Our single market is crying out for copyright reform.” Kroes said she wanted to see reform “now,” which would include more possibilities to access content online cross-border, harmonized exceptions, and flexibility. She strongly suggested that she would favor a copyright exception covering text and data mining. She mentioned that in 2009 Japan adopted a copyright exception covering text and data mining, including for commercial use. Kroes also referred to the two Communications the Commission issued on July 1 to better enforce Intellectual Property Rights (IPRs).

The first Communication is an Action Plan involving ten actions, many involving more stakeholder consultation. The Commission makes clear that it wants to act against commercial-scale IPR infringer, not individual “consumers” of infringing materials. Clearly influenced by voluntary stakeholder agreements in the United States, the Commission wants to pursue a “follow-the-money” approach to curb commercial-scale infringements. The second Communication lays out a Strategy for dealing with enforcement of IPRs in third countries. The Communication does not really announce anything new, although the Commission wants to conduct regular surveys to identify a list of “priority countries” for focused EU efforts, which is similar to the Special 301 process the U.S. government engages in every year.


David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy. Follow the SIIA public policy team on Twitter at @SIIAPolicy.

Intellectual Property Roundup

IP News

The Right to Resell eBooks- Major Case Looms in the Netherlands (GigaOM)
A startup called Tom Kabinet opened the virtual doors on its secondhand ebook bookstore, pointing to a 2012 ruling by Europe’s top court regarding reselling licenses for downloadable software. A deadline the publishers set for the site to stop operations has passed, and the case looks set to go to court.

Fox Moves to Use Aereo Ruling Against Dish Streaming Service (The Guardian)
A day after the U.S. Supreme Court decision to outlaw streaming TV service Aereo, U.S. broadcaster Fox has moved to use the ruling to clamp down on another Internet TV service offered by Dish.

‘Failed’ Piracy Letters Should Escalate to Fines & Jail, MP Says (TorrentFreak)
The UK Prime Minister’s IP advisor says VCAP- the Voluntary Copyright Alerts Program- needs to be followed by something more enforceable, including disconnections, fines and jail sentences.

Staunch Opponent of Report Tapped to Head US Patent Office (Ars Technica)
The Obama administration intends to nominate Philip Johnson, the head of intellectual property at Johnson & Johnson, to be the next director of the US Patent and Trademark Office. The selection is a setback for the tech sector and a seeming 180-degree turn on the patent issue from the Obama administration.

Aereo Looks to Congress for a Lifeline (The Washington Post)
Days after Aereo suspended its service in response to a Supreme Court ruling against the company, the service is now calling on consumers to protest the disruption and pressure Congress to consider rewriting the Copyright Act.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA. Follow Keith on Twitter at @keithkup and sign up for the Intellectual Property Roundup weekly newsletter here.

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