Wednesday, July 10, 2013
Summer Update II
Just another reminder that blog articles regarding technology and intellectual property will be delayed until the end of summer due to job commitments. You can still follow posts that I have written at http://www.lovettandmyers.com/blog/. Additionally, I now have a Twitter account which you can follow. I will focus Tweeting on stories of the same subject matter as this blog, technology and intellectual property, and because Tweeting is quicker and simpler than writing a full post, I will be actively posting this summer. Bear with me, though, because I am new to Twitter, it may take some time until I am Tweeting on a consistent, frequent basis. So, please follow me on Twitter or Tweet at me. My handle is @GoingsTechLaw. I welcome questions or ideas for new articles!
Friday, June 7, 2013
Summer Update
Posting has been at a standstill for a while due to finals and the beginning of summer. I will continue to follow emerging technology and intellectual property issues throughout the summer, but posting will be extremely limited because of job commitments. You can, however, follow updates and blog posts by me on issues in other areas of law at http://www.lovettandmyers.com/blog/.
Thursday, April 25, 2013
Market, Patents, and Pirating: A Look into the Future of 3D Printing
In lieu of my recent post about 4D printing, I was asked by an acquaintance about the implications patents could have on the emerging 3D printing industry. He posed a hypothetical illustrate an instance in which issues might arise which sparked deep thought process about what we might see in the future of 3D printing:
"A mechanic needs a part to make repairs and can "print" the part at a much lower cost than what it would cost to purchase the part from a company."
First, we must address how the market will react to the ability to purchase and print parts and other objects at home. The market will eventually correct itself. This is similar to what occurred in the market when online shopping first appeared. People could browse many products quickly and buy items at a reduced cost from the comfort of their home. As this became popular, the market changed and began catering toward online shopping. As 3D printing becomes more prevalent and affordable, I believe we will start to see things such as presented in the hypothetical occurring. Thus, the market will be forced to shift once again to encompass this new outlet.
This new market also presents an entirely new hurdle for patent-holders and inventors alike. I believe that patent-holders and companies will continue to hold the patents on their parts and products but will license the right to sell them as 3D printable objects out to sellers, much as software developers license out their software to 3rd parties. This only addresses patent issues to a small degree though. "[Relevant] for reproducing 3D objects, patent law does have a novelty requirement. Patent law does not allow for parallel creation. Once an invention is patented every unauthorized reproduction of that invention is an infringement, whether the reproducer is aware of the original invention or not." (Michael Weinberg, "It Will Be Awesome if They Don't Screw it Up: 3D Printing, Intellectual Property, and the Fight Over the Next Great Disruptive Technology")**. Therefore, there is almost limitless opportunity for users to unknowingly violate copyrights.
Once products and parts have been reduced to CAD (Computer Assisted Design) files, pirating and illegally obtaining them will be easy for the computer-saavy. We already see pirating of software programs, games, music, etc. How long will it be until people are able "steal" entire physical devices or products from their computer chairs. Though, generally, the average citizen will pay for a product if they can. This will likely still hold true in the advent of 3D printing, especially if the paid-for product is of higher quality than other wise be acquired.
A quote from Mr. Weinberg's article sums up this discussion nicely: As "[t]he line between a physical object and a digital description of a physical object...begin to blur...it is critical...to keep a vigilant eye on these policy debates as they grow. For [t]here will be a time when impacted legacy industries demand some sort of DMCA for 3D printing."
**To read Mr. Weinberg's article in full, visit http://publicknowledge.org/it-will-be-awesome-if-they-dont-screw-it-up
"A mechanic needs a part to make repairs and can "print" the part at a much lower cost than what it would cost to purchase the part from a company."
First, we must address how the market will react to the ability to purchase and print parts and other objects at home. The market will eventually correct itself. This is similar to what occurred in the market when online shopping first appeared. People could browse many products quickly and buy items at a reduced cost from the comfort of their home. As this became popular, the market changed and began catering toward online shopping. As 3D printing becomes more prevalent and affordable, I believe we will start to see things such as presented in the hypothetical occurring. Thus, the market will be forced to shift once again to encompass this new outlet.
This new market also presents an entirely new hurdle for patent-holders and inventors alike. I believe that patent-holders and companies will continue to hold the patents on their parts and products but will license the right to sell them as 3D printable objects out to sellers, much as software developers license out their software to 3rd parties. This only addresses patent issues to a small degree though. "[Relevant] for reproducing 3D objects, patent law does have a novelty requirement. Patent law does not allow for parallel creation. Once an invention is patented every unauthorized reproduction of that invention is an infringement, whether the reproducer is aware of the original invention or not." (Michael Weinberg, "It Will Be Awesome if They Don't Screw it Up: 3D Printing, Intellectual Property, and the Fight Over the Next Great Disruptive Technology")**. Therefore, there is almost limitless opportunity for users to unknowingly violate copyrights.
Once products and parts have been reduced to CAD (Computer Assisted Design) files, pirating and illegally obtaining them will be easy for the computer-saavy. We already see pirating of software programs, games, music, etc. How long will it be until people are able "steal" entire physical devices or products from their computer chairs. Though, generally, the average citizen will pay for a product if they can. This will likely still hold true in the advent of 3D printing, especially if the paid-for product is of higher quality than other wise be acquired.
A quote from Mr. Weinberg's article sums up this discussion nicely: As "[t]he line between a physical object and a digital description of a physical object...begin to blur...it is critical...to keep a vigilant eye on these policy debates as they grow. For [t]here will be a time when impacted legacy industries demand some sort of DMCA for 3D printing."
**To read Mr. Weinberg's article in full, visit http://publicknowledge.org/it-will-be-awesome-if-they-dont-screw-it-up
Tuesday, April 23, 2013
3D Printing? How About 4D Printing!
While innovations are still occurring with 3D printing, creating new possibilities and uses for the technology and decreasing the cost of 3D printing units, some companies are already looking to the future. This step beyond has been dubbed "4D Printing." The 4th Dimension implicated in the name is time and refers to the change over time that the object undergoes.
MIT professor Skylar Tibbits recently spoke at a TED (Technology, Entertainment, and Design) event about this venture. For those that do not know, TEDTalks are conference events that bring together entrepreneurs and visionaries to discuss research and innovations in their fields of study. Skylar's 8 minute presentation introduced attendees to the concept of 4D printing, which improves upon 3D printing by embedding programming into the printed objects which allow them to construct themselves.
These objects would be able to use passive energy sources, such as heat or water, to change from their printed form into the form indicated in the embedded programming, thus eliminating the need for hours of frustration at confusing assembly instructions. While technology of the scale able to produce larger results such as this is not yet available, researchers have already succeeded in producing self-assembly on a smaller scale.
DARPA, the Defense Advanced Research Projects Agency, is also working on technology of a similar nature. Seeking to prevent enemies from obtaining and using or reverse-engineering discarded or lost electronics equipment, DARPA has begun researching creating equipment which could degrade into the environment at a signal and render them useless. 4D printing and program embedding innovation could prove immensely beneficial to DARPA's goals.
The possibilities for 4D printing are mind-boggling and nearly unlimited, but what negative implications could it hold? People will always find a way to warp and exploit new technologies to unintended or even harmful uses. So while this breakthrough is a step forward, we must be wary where these "steps" may lead.
Watch Skylar's presentation here: http://www.youtube.com/watch?feature=player_embedded&v=0gMCZFHv9v8
MIT professor Skylar Tibbits recently spoke at a TED (Technology, Entertainment, and Design) event about this venture. For those that do not know, TEDTalks are conference events that bring together entrepreneurs and visionaries to discuss research and innovations in their fields of study. Skylar's 8 minute presentation introduced attendees to the concept of 4D printing, which improves upon 3D printing by embedding programming into the printed objects which allow them to construct themselves.
These objects would be able to use passive energy sources, such as heat or water, to change from their printed form into the form indicated in the embedded programming, thus eliminating the need for hours of frustration at confusing assembly instructions. While technology of the scale able to produce larger results such as this is not yet available, researchers have already succeeded in producing self-assembly on a smaller scale.
DARPA, the Defense Advanced Research Projects Agency, is also working on technology of a similar nature. Seeking to prevent enemies from obtaining and using or reverse-engineering discarded or lost electronics equipment, DARPA has begun researching creating equipment which could degrade into the environment at a signal and render them useless. 4D printing and program embedding innovation could prove immensely beneficial to DARPA's goals.
The possibilities for 4D printing are mind-boggling and nearly unlimited, but what negative implications could it hold? People will always find a way to warp and exploit new technologies to unintended or even harmful uses. So while this breakthrough is a step forward, we must be wary where these "steps" may lead.
Watch Skylar's presentation here: http://www.youtube.com/watch?feature=player_embedded&v=0gMCZFHv9v8
Monday, April 8, 2013
Reselling Textbooks: Intellectual Property Theft or Savvy Business?
Ask any student what the best part about buying textbooks for classes is and you'll probably get one of two answers: "NOTHING!" or "Getting SOME of that money back by reselling it." One resourceful student turned the common practice of reselling into a successful business practice.
Foreign student Supap Kirtsaeng purchased textbooks at a lower price from a foreign subsidiary of John Wiley & Sons, an academic textbook publisher, had them shipped to himself here in America, and then sold them at a profit. When they became aware of this, Wiley brought suit against Kirtsaeng, arguing 17 USCS § 106(3) barred Kirtsaeng's sale of the textbooks. Kirtsaeng appealed, arguing "First Sale" protects his business. The doctrine of "first sale" allows the owner of a lawfully acquired copy of a work to do anything they wish with it after purchase, including reselling.
The case ultimately reached the Supreme Court who overturned the verdict in favor of Wiley and the $600,000 awarded to them. The Supreme Court ruled that the doctrine of "First Sale" applies even to copyrighted material that is manufactured abroad, believing this protects consumer rights.
Was the Supreme Court correct in allowing Kirtsaeng's actions to fall under the "first sale" doctrine? Will this open a "can of worms" like the dissenters believe? Does this ruling make importation privilege in copyright law outdated and insignificant?
It is too early to tell whether this will cause the fallout that some judges fear, but "first sale" hasn't caused the downfall of companies in the past. There are other laws and precedents that have and will continue to prevent the economic fallout and "parade of horribles" of which the dissenters of the opinion alluded. And, as we all know, case law is not set in stone and it may only be a matter of time before one of the dreaded "horribles" raises its head and brings to light reasons to rethink Kirtsaeng's ruling.
Kirtsaeng v. John Wiley & Sons, Inc., 2013 U.S. LEXIS 2371 (2013)
Counsel:
E. Joshua Rosenkranz, petitioner
Theodore B. Olson, respondant
Foreign student Supap Kirtsaeng purchased textbooks at a lower price from a foreign subsidiary of John Wiley & Sons, an academic textbook publisher, had them shipped to himself here in America, and then sold them at a profit. When they became aware of this, Wiley brought suit against Kirtsaeng, arguing 17 USCS § 106(3) barred Kirtsaeng's sale of the textbooks. Kirtsaeng appealed, arguing "First Sale" protects his business. The doctrine of "first sale" allows the owner of a lawfully acquired copy of a work to do anything they wish with it after purchase, including reselling.
The case ultimately reached the Supreme Court who overturned the verdict in favor of Wiley and the $600,000 awarded to them. The Supreme Court ruled that the doctrine of "First Sale" applies even to copyrighted material that is manufactured abroad, believing this protects consumer rights.
Was the Supreme Court correct in allowing Kirtsaeng's actions to fall under the "first sale" doctrine? Will this open a "can of worms" like the dissenters believe? Does this ruling make importation privilege in copyright law outdated and insignificant?
It is too early to tell whether this will cause the fallout that some judges fear, but "first sale" hasn't caused the downfall of companies in the past. There are other laws and precedents that have and will continue to prevent the economic fallout and "parade of horribles" of which the dissenters of the opinion alluded. And, as we all know, case law is not set in stone and it may only be a matter of time before one of the dreaded "horribles" raises its head and brings to light reasons to rethink Kirtsaeng's ruling.
Kirtsaeng v. John Wiley & Sons, Inc., 2013 U.S. LEXIS 2371 (2013)
Counsel:
E. Joshua Rosenkranz, petitioner
Theodore B. Olson, respondant
Monday, April 1, 2013
Advice From Jackie Hutter, IP Strategist and Attorney
A small group of fellow students and I had the opportunity to have lunch with Jackie Hutter and discuss the ways that the IP Law market is changing and how to fit into this evolving area. I would like to share some of her enlightening words of wisdom on how to set yourself apart in the changing IP industry.
"Never stop meeting people." Even after you've obtained a job, don't stop meeting people and networking. You never know when you'll want or need to move careers paths and having connections is key to achieving your career goals.
"Stay in charge of your resume."
"Learn how to make yourself indispensable as the industry changes." Watch where the industry is headed and learn skills pertinent to that area.
"Business people want guardians, not traffic cops." Attorneys want to eliminate all risk from business, but risk is innate to business. Business people want/need to take risks in transactions. They want their attorney to provide boundaries to know when something has become too risky, not police their every move.
"Spend time around the correct people." In order to better understand the people you work for, you need to spend time around people who understand or work in that field. If you want to learn licensing, spend time with licensors, not other attorneys.
"Listen to what people need. Lawyers' biggest flaw is not knowing what the problem is." You need to understand what the problem is before trying to fix it. The only way to understand the problem is to listen.
"Volunteer in the right places." Make yourself available to the right people, the people who need it. Startup companies, for example.
Thank you for your time, Ms. Hutter.
Check out Jackie Hutter's blogs:
http://ipassetmaximizerblog.com/
http://leanlegalblog.blogspot.com/
"Never stop meeting people." Even after you've obtained a job, don't stop meeting people and networking. You never know when you'll want or need to move careers paths and having connections is key to achieving your career goals."Stay in charge of your resume."
"Learn how to make yourself indispensable as the industry changes." Watch where the industry is headed and learn skills pertinent to that area.
"Business people want guardians, not traffic cops." Attorneys want to eliminate all risk from business, but risk is innate to business. Business people want/need to take risks in transactions. They want their attorney to provide boundaries to know when something has become too risky, not police their every move.
"Spend time around the correct people." In order to better understand the people you work for, you need to spend time around people who understand or work in that field. If you want to learn licensing, spend time with licensors, not other attorneys.
"Listen to what people need. Lawyers' biggest flaw is not knowing what the problem is." You need to understand what the problem is before trying to fix it. The only way to understand the problem is to listen.
"Volunteer in the right places." Make yourself available to the right people, the people who need it. Startup companies, for example.
Thank you for your time, Ms. Hutter.
Check out Jackie Hutter's blogs:
http://ipassetmaximizerblog.com/
http://leanlegalblog.blogspot.com/
Tuesday, March 5, 2013
Patent Allowance for Wayne State University Vision Restoration Research
Today, years of work on vision restoration therapy by researchers at Wayne State University and Salus University has been rewarded. The U.S. Patent and Trademark Office has issued a Notice of Allowance for patent application No. 12/299,574. A Notice of Allowance is issued to the applicant when the patent office finally approves an application. Once the Notice has been issued, the applicant has three months to pay an "issue fee," after which the patent will be issued.
The team, headed by Dr. Zhuo-Hua Pan, Ph.D., has developed therapies that may offer relief to patients suffering from blindness caused by age-related macular degeneration (AMD) and retinitis pigmentosa (RP), which have so far been incurable. AMD causes the macula, the light-sensitive tissue in the retina which allows you to see fine details, to break down. RP also affects the retina and causes such symptoms as tunnel vision and night blindness. Dr. Pan's therapy delivers a green algae photoreceptor gene, channelrhodopsin-2 (ChR2) to the retina. The gene causes inner retinal neurons to become light sensitive, which restored light responses in the visual cortex of the brain. The team has targeted late 2013 to early 2014 for clinical trials.
The patent will cover methods of vision restoration using the molecules ChR2 and Halorhodopsin and targeting the molecules with cell specific promoters.
**Dr. Pan is the professor of Ophthalmology and Anatomy/Cell Biology for the Wayne State University School of Medicine, and scientific director of the Ligon Research Center of Vision at the Kresge Eye Institute**
Visit http://www.retro-sense.com/development.html for updates on development.
Wednesday, February 20, 2013
Technology Announcements
Today, news was released regarding technology and future releases Google, Sony, and Microsoft are developing. All three have next generation products they are preparing for release. Sony and Microsoft, leaders in the video game industry, released information about their next generation consoles and accessories, while Google gives more information on its "Glass" project.
At Sony's 2013 Playstation Meeting, they announced Playstation 4 and its capabilities, such as streaming games to "try before you buy," handing control of your game over to a remote friend, and gaming graphics that rival that of Hollywood CG movies. Sony also unveiled the new Dualshock 4 controller with a touchpad, headphone jack, and a button that allows you to share content with your friends.
Microsoft is working on the Kinect 2.0, the successor to the Kinect, as well as its next-gen console, dubbed "Durango." The specs for the Kinect 2.0 were allegedly leaked today. The new Kinect touts improved graphics, higher depth stream, larger field of vision, and improved latency.
Last year, Google released a video tease about a project called "Glass." Glass is a foray into augmented reality, offering a heads-up display overlaid onto your vision. Today, Glass released another video demonstrating more of what Glass could be used to do. They unveiled voice commands and real-world footage. Google also announced they are looking for people to test Glass and aid in its development.
This is just a taste of what is in store for technology in the near-future. Imagine what more will be accomplished this year.
At Sony's 2013 Playstation Meeting, they announced Playstation 4 and its capabilities, such as streaming games to "try before you buy," handing control of your game over to a remote friend, and gaming graphics that rival that of Hollywood CG movies. Sony also unveiled the new Dualshock 4 controller with a touchpad, headphone jack, and a button that allows you to share content with your friends.
Microsoft is working on the Kinect 2.0, the successor to the Kinect, as well as its next-gen console, dubbed "Durango." The specs for the Kinect 2.0 were allegedly leaked today. The new Kinect touts improved graphics, higher depth stream, larger field of vision, and improved latency.
Last year, Google released a video tease about a project called "Glass." Glass is a foray into augmented reality, offering a heads-up display overlaid onto your vision. Today, Glass released another video demonstrating more of what Glass could be used to do. They unveiled voice commands and real-world footage. Google also announced they are looking for people to test Glass and aid in its development.
This is just a taste of what is in store for technology in the near-future. Imagine what more will be accomplished this year.
Tuesday, February 5, 2013
DMCA Revisions
Congress passed the Digital Millennium Copyright Act (DMCA) in 1998 to restrict the circumvention of technological restrictions on digital media. The DMCA includes exemptions to the prohibitions. These exemptions are put in place when it is shown that the restricting technology makes it difficult for people to use copyrighted works without infringing on the DMCA regulations. Every three years, the Librarian of Congress revises these exemptions to keep up with technological advances. The most recent revisions in October 2012 mark the first time that the exemptions have grown tighter rather than broader.
In 2010, an exemption for "jailbreaking" phones was approved. "Jailbreaking" allows people to install non-approved apps on devices. This past year, several entities proposed extensions allowing consumers to jailbreak tablets and video gaming consoles, but the Librarian of Congress refused this extension. Another denied proposal regarded the ability to copy digital content from one device to another.
It is now a criminal offense to "unlock" any smartphone purchased after January 26, 2013, punishable by up to $500,000 fine or 5 years in prison for first time offenders. "Unlocking" refers to the act of breaking a phone's connection with a specific provider in order to use it with another.
Although the Librarian denied several proposals, several new rules were adopted allowing the copying and decrypting electronic media for criticism, commentary, documentaries, and educational purposes.
In 2010, an exemption for "jailbreaking" phones was approved. "Jailbreaking" allows people to install non-approved apps on devices. This past year, several entities proposed extensions allowing consumers to jailbreak tablets and video gaming consoles, but the Librarian of Congress refused this extension. Another denied proposal regarded the ability to copy digital content from one device to another.
It is now a criminal offense to "unlock" any smartphone purchased after January 26, 2013, punishable by up to $500,000 fine or 5 years in prison for first time offenders. "Unlocking" refers to the act of breaking a phone's connection with a specific provider in order to use it with another.
Although the Librarian denied several proposals, several new rules were adopted allowing the copying and decrypting electronic media for criticism, commentary, documentaries, and educational purposes.
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