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USPTO Publishes Suggestions For Intellectual Property Enforcement

timothy posted about a year ago | from the just-thinking-about-it-one-of-the-best-things-I've-ever-done dept.

Patents 57

First time accepted submitter rjkimble writes "In June, the USPTO solicited proposals for voluntary best practices supporting intellectual property enforcement, especially against infringement that occurs online. It received 23 responses from individuals and organizations, including Google, the EFF, and the MPAA and RIAA. [On Wednesday] they were posted to the USPTO web site."

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Guess my comment isn't wanted (0)

TWiTfan (2887093) | about a year ago | (#44706387)

I would post my comments on it. But I'm not a powerful lobbyist with a shitload of campaign donation money or political influence (aka one of the "Member Organizations and Associations"). So I guess my opinion doesn't matter to them.

Re:Guess my comment isn't wanted (1)

Conspiracy_Of_Doves (236787) | about a year ago | (#44706431)

There's a list of individuals there that submitted comments.

Re:Guess my comment isn't wanted (1)

jalopezp (2622345) | about a year ago | (#44714979)

Which are hilarious. The first one, from Alexis Parrish is gold:

My name is Alexis Parrish And I need to get my own patent please have someone. Contact me at alexisparrish28@gmail.com... US should come up with its own distinct logo that must be present somewhere on every item traded ;)

He has a solid point there. Someone get him his own patent please have someone. And the distinct logo idea is innovative. Much better than this stupid comment by the EFF:

See attached file(s)

Re:Guess my comment isn't wanted (1)

Conspiracy_Of_Doves (236787) | about a year ago | (#44716067)

True, but the point is that they were accepting and publishing them. You could have put one if if you wanted to.

Re:Guess my comment isn't wanted (2)

az1324 (458137) | about a year ago | (#44706457)

What do you mean? There are published comments from private citizens (and they are some real gems).

Read the Federal Register (1)

oneiros27 (46144) | about a year ago | (#44706533)

You simply missed the comment period. The problem is, they get posted in the Federal Register, which the general public never reads.

If *that* had been posted to Slashdot, it might've been more useful. As it was, there were 6 people who submitted something as individuals who potentially will have some influence ... out of hundreds who might've otherwise taken some time to make sure that decision makers knew the voters cared enough to take a bit of time to write a letter.

Generally, I hear about these things way too late to be useful [slashdot.org] . ... for that one,I tried to find out what the process would be for a professional society that I was a member of to submit an response ... and it turns out they already knew about it, and submitted something the exact opposite of what I thought was important, and only served to piss me off.

Re:Guess my comment isn't wanted (1)

nospam007 (722110) | about a year ago | (#44707191)

"So I guess my opinion doesn't matter to them."

Like theirs doesn't matter to us.

a sampling of responses (4, Funny)

nimbius (983462) | about a year ago | (#44706425)

google: I guess just...takedown notices, or DMCA takeouts, or whatever it is you want in response to twerk team videos and spiderman endings.
EFF: %s/intellectual property/imaginary property
MPAA: whats the name of that jellyfish with a sting that causes weeks of agony? that one. thats our suggestion.
RIAA: In the eyes.

Re:a sampling of responses (3, Funny)

slew (2918) | about a year ago | (#44707589)

Ripley: I say we take off and nuke the entire site from orbit. It's the only way to be sure.

Re:a sampling of responses (0)

Anonymous Coward | about a year ago | (#44707731)

Ballmer: I haven't yet met the problem that I couldn't solve with a nice, heavy chair.

Re:a sampling of responses (1)

Alsee (515537) | about a year ago | (#44708511)

Alexis Parrish: My name is Alexis Parrish And I need to get my own patent please have someone. Contact me at
alexisparrish28@gmail.com... US should come up with its own distinct logo that must be present
somewhere on every item traded ;)

Ooooh...... was this supposed to be a thread for posting fake responses? Sorry, my bad.

-

Re:a sampling of responses (1)

Roman Coder (413112) | about a year ago | (#44708677)

Honest portion of Humanity: Hey, I didn't eat the (salmon) mousse!

Why do they care? (1)

h4rr4r (612664) | about a year ago | (#44706437)

Patent enforcement should be a civil matter.

Re:Why do they care? (3, Insightful)

Anonymous Coward | about a year ago | (#44706527)

Nah, then it would cost the copyright holders money, which does not fit with privatize the profits, socialize the costs.

Re:Why do they care? (1)

shentino (1139071) | about a year ago | (#44707101)

Here's what I think.

It's the copyright holder's responsibility.

However, copyright infringement is still wrong, so let them collect legal expenses...if they win.

If they lose, though, THEY should pay the DEFENDANT's legal bills. And promptly, I should add, with immediate sanctions per day if they go beyond 14 days or so without paying up, along with charges for contempt of court.

This way, a brave defendant that is in the right can get charitable backing more easily, especially if the backers can get a refund after they help squash the big corporation.

Re:Why do they care? (1)

mcgrew (92797) | about a year ago | (#44707775)

Reading comprehension problems? He said PATENTS, your response was about copyrights. Patents and copyrights are alike like snakes and watermelons are the same things.

Re:Why do they care? (0)

Anonymous Coward | about a year ago | (#44708687)

That's pretty good, patents and copyrights both suck and snakes and watermelons are both yummy.

Re:Why do they care? (1)

Skapare (16644) | about a year ago | (#44706635)

And so should everything else, like home burglary.

Not.

Re:Why do they care? (4, Informative)

h4rr4r (612664) | about a year ago | (#44706797)

Home burglary is a real crime. It is not a violation of a temporary monopoly. Someone is actually deprived of property and possibly placed at risk of real harm.

Re:Why do they care? (0)

Rob Riggs (6418) | about a year ago | (#44708169)

Temporary monopoly? Copyright has not been that in my lifetime. And I'm what most around here would call "old". Who the fuck to I have to bribe to get Gilligan's Island in public domain? Sorry, I meant how many Senators do I need to buy? No, that's still not it... Which campaigns do I need to contribute to? Yeah -- that's the one I'm supposed to use in polite company.

Re:Why do they care? (1)

Dr.Dubious DDQ (11968) | about a year ago | (#44711385)

"Trespassing" is a much better analogy, I think.

Re:Why do they care? (1)

h4rr4r (612664) | about a year ago | (#44715483)

Not at all, unless you care to elaborate.

I can't sitting here in my desk trespass on your property. I can sing Happy Birthday and owe someone money though.

Don't worry (2)

artfulshrapnel (1893096) | about a year ago | (#44706475)

I'm sure the USPTO has already received a DMCA takedown request from an automated bot, claiming the copyright enforcement suggestions as copyrighted material.

Re:Don't worry (0)

Anonymous Coward | about a year ago | (#44707217)

Well, it's so similar to the latest blockbuster, it was an easy mistake to make.

Re:Don't worry (1)

mcgrew (92797) | about a year ago | (#44707799)

If I had points I wouldn't know whether to mod you funny or insightful. Good comment either way.

(PDFs?!) Did any include the obvious? (1)

Anonymous Coward | about a year ago | (#44706637)

PDFs. Amazing that in 2013 these guys still don't know how to put up web pages.

I read a couple but eventually tired of the annoyance. Someone who is more patient, tell me this: did any of the PDF ideas, happen to suggest that one way to smack down piracy, is to .. oh, I don't know .. SELL working copies of the potentially infringed work? You know, as in, if I can buy an authorized copy of Movie.mkv instead of pirates being the sole source, that it might reduce piracy?

If most of the PDFs don't include that idea in some form (and the ones I saw, didn't), then it's hard to believe that anyone was really taking the question seriously, and that USPTO mas making a legitimate and serious effort.

Re:(PDFs?!) Did any include the obvious? (1)

Skapare (16644) | about a year ago | (#44706673)

Amazing that in 2013, HTML still cannot perform even half the functions a PDF can do. This includes, for example, non-flow oriented precise layout.

Re:(PDFs?!) Did any include the obvious? (3, Insightful)

b4dc0d3r (1268512) | about a year ago | (#44706753)

flow is even more important now, with screen sizes between 4 inches and 60 plus inches.

if you want precise control, there is a portable document format that does a great job.

quit whining.

Re:(PDFs?!) Did any include the obvious? (2)

N0Man74 (1620447) | about a year ago | (#44707305)

Amazing that in 2013, HTML still cannot perform even half the functions a PDF can do. This includes, for example, non-flow oriented precise layout.

It's amazing that in 2013, hammers still aren't good at screwing and unscrewing screws.

Re:(PDFs?!) Did any include the obvious? (1)

cellocgw (617879) | about a year ago | (#44707527)

Amazing that in 2013, HTML still cannot perform even half the functions a PDF can do. This includes, for example, non-flow oriented precise layout.

It's amazing that in 2013, hammers still aren't good at screwing and unscrewing screws.

You're holding it wrong.

Re:(PDFs?!) Did any include the obvious? (0)

Anonymous Coward | about a year ago | (#44707635)

It worked fine in the lab holding it that way.

Re:(PDFs?!) Did any include the obvious? (0)

Anonymous Coward | about a year ago | (#44708345)

It worked on paper... with perfectly spherical, frictionless screws of exactly weighing exactly 5 grams in a vacuum.

Captcha: subset

Non-flow oriented precise layout (0)

Sloppy (14984) | about a year ago | (#44708253)

Amazing that in 2013, HTML still cannot perform even half the functions a PDF can do. This includes, for example, non-flow oriented precise layout.

Amazing that in 2013, anyone could still see non-flow oriented precise layout as a feature, rather than as a bug.

You don't know the type of device I'm reading on, you don't know what size or shape its screen is, you don't know what size or shape the window within the screen is, you don't know my personal preference for fonts and their sizes. And you want to try to have the server lay out text?

I know what happened. We all pretend it's just innocent joking and no one is ever really harmed by it, but I think this is proof that sometimes real damage is done. It has gone on long enough, beyond what's necessary and beyond the limits of respecting human dignity. Enough. I'm going to end it.

Attention, people who think servers should be laying out text. You have been tricked by an unethical news media, and mocked by the cruel bastards of the tech world. Here's the deal: many years ago, you started hearing about the increasing popularity of "tablets." You made a common-sense and reasonable assumption about what that meant, and no one corrected you (the bastards!!!). Initially, you thought "this changes everything!" and came to the conclusion that pre-rendered text would be a reasonable lowest-common-denom that everyone could live with. But it was all based on an erroneous, if well-meaning, assumption.

The tablets are NOT made out of stone or clay or even plastic. They are NOT the output of those "3D printers" that you keep hearing about, where you assumed people download and "print" your stuff, so that they can read the tablet later on the subway, and you wanted to help with the rendering. The tablets are just touchscreen computers, and can run web browsers, pretty much just like desktop computers. There are some minor differences, but the overall quality of the HTML rendering engine,s on even the worst of them, is actually excellent and flowing text works great. That means your desktop users can go back to flowing text too. Hope this helps.

And to all of you heartless sadists that resent me letting the cat out of the bag, ending your prank: fuck you. It had gone on long enough, and the consequences were starting to get really irritating.

Start from what you have closer (1)

gmuslera (3436) | about a year ago | (#44706691)

What i do is privacy, what i write, specially in private, is intellectual property. So first take out the biggest offenders in intellectual property violations (NSA and associated/contracted companies) and then we maybe could consider about enforcement in other areas.

Suggestions on how to reduce piracy in Australia (4, Informative)

jonwil (467024) | about a year ago | (#44706727)

Here are some suggestions on how to reduce piracy in Australia:
1.Reduce (if not eliminate) the delay between the release of a film in the USA and the general cinema release in Australia. Right now I could go onto any number of pirate sites and download a very much watchable copy of "White House Down" (probably a screener rip) even though it isn't in Australian cinemas yet.
2.Make more old films and TV available on DVD so people dont need to pirate them. I have a copy of Young Einstein (classic Aussie film) on DVD but I had to grey-market import a Region 1 copy to get it. Its ridiculous that so much content just isn't available in Australia even when its available on DVD in other countries.
3.Stop giving Foxtel (and other pay TV operators) exclusive rights to shows. If the only way to get a TV show is to buy Foxtel (and possibly a channel package on top of that) then to hope that Foxtel airs the show you want to see then people will pirate it. If its available on a digital download service like iTunes or Google soon after its US airing (and at a reasonable price), people will have an incentive to buy it rather than pirating it.
4.Stop delaying the local airing of TV shows and air them sooner. Under The Dome is the perfect example of how this should be done, its being aired on local free-to-air TV hours after the US airing AND if you miss it on TV, you can watch the episode on a "catch-up" TV website free and legal.

Re:Suggestions on how to reduce piracy in Australi (1)

c0lo (1497653) | about a year ago | (#44706981)

5. careful with that geo-pricing schemes.

Re:Suggestions on how to reduce piracy in Australi (1)

shentino (1139071) | about a year ago | (#44707117)

Piracy actually proves just how valuable the IP is.

It doesn't matter how much it costs you to produce. You also need to take into account opportunity costs of giving up other activities you could spend your time on.

And in the free market, opportunity costs count because they drive supply.

I'm not ok with piracy.

But I am ok with indies and open source software that give the proprietary media (both software and entertainment) a run for its money.

Re:Suggestions on how to reduce piracy in Australi (2)

mcgrew (92797) | about a year ago | (#44707845)

I'm not ok with piracy.

I'm not ok with plagiarism or commercial piracy, but I'm fine with file sharing. And I say that as someone who just registered copyright on a book I'll be releasing as soon as I get an ISBN.

The MAFIAA knows piracy sells. The trouble is, it sells indie stuff as well as MAFIAA stuff, and when you buy two indie CDs that's an RIAA CD that lost a sale. The fight against "piracy" is a fight to stifle competition.

Nobody ever lost money on piracy, but many artists have gone hungry from obscurity, a prime example being Van Gogh.

Re:Suggestions on how to reduce piracy in Australi (1)

shentino (1139071) | about a year ago | (#44708181)

I'm not ok with rewarding greed, even if it's by allowing beneficial piracy.

And if an author wants to "ratify" a piracy by proclaiming in advance he will not prosecute anyone for it, more power to him.

So crack down on piracy as much as the copyright onwers want. It's their foot to shoot off if they want to.

Also, the RIAA cannot prosecute someone for pirating indie work. And if they even try, they should be fined for wasting the court's time.

Re:Suggestions on how to reduce piracy in Australi (1)

mcgrew (92797) | about a year ago | (#44712169)

Also, the RIAA cannot prosecute someone for pirating indie work.

No, but they get their message across. The message is "downloading music is wrong and illegal". THAT is why they fight piracy, they have no need to prosecute indie fans. Any alleged downloader will do.

Re:Suggestions on how to reduce piracy in Australi (1)

chrismcb (983081) | about a year ago | (#44712117)

I'm not ok with piracy.

I'm not ok with plagiarism or commercial piracy, but I'm fine with file sharing.

So you are ok with sharing, as long as the person sharing doesn't make any money off of it? I guess your argument is "if they didn't pay for it, then they wouldn't have given me any money for it, but if they paid someone else, I want that money." This is fine, except for the fact that many people would pay for it. But free is cheaper.

Re:Suggestions on how to reduce piracy in Australi (1)

mcgrew (92797) | about a year ago | (#44712271)

This is fine, except for the fact that many people would pay for it. But free is cheaper.

Free is advertising. Nobody's going to buy your album or book if they've never heard of it. If your premise "nobody will pay when they can get free" were true, libraries would have killed publishing centuries ago.

Re:Suggestions on how to reduce piracy in Australi (2)

spire3661 (1038968) | about a year ago | (#44708561)

IM not ok with absurd copyright lengths. Until such time as copyrighted works start flowing into the Public Domain as originally intended, the entire system is a sham.

Re:Suggestions on how to reduce piracy in Australi (1)

shentino (1139071) | about a year ago | (#44708911)

It still will be. There was retroactive clawback that was approved by SCOTUS itself, don't forget.

I first want grandfather clauses in favor of already lapsed works so that they STAY public domain.

THEN we can bring sanity to the length of a copyright. Otherwise limits are meaningless becuase they can be retroactively extended at will.

Re:Suggestions on how to reduce piracy in Australi (1)

interkin3tic (1469267) | about a year ago | (#44707625)

Right now I could go onto any number of pirate sites and download a very much watchable copy of "White House Down"

Yeah, I don't think any copy of that movie counts as watchable

(This has been the obligatory snarky comment about the quality of the movie you provided as an example. I actually think it looked kind of funny.)

Re:Suggestions on how to reduce piracy in Australi (0)

Anonymous Coward | about a year ago | (#44713497)

...or we could just eliminate all imaginary property laws.

Our turn (0)

Anonymous Coward | about a year ago | (#44706757)

How does the general population think we should deal with all the issues surrounding Intelectual property, such as blatant violations of your privacy, your rights to free speach, the coercion of your own free choices, and other civil liberties?

It shouldn't be possible (1, Insightful)

gr8_phk (621180) | about a year ago | (#44706795)

It shouldn't be possible to violate a patent on the internet. Transmitting data should not be patent infringement. If so, then hosting patent documents on the net would be infringement. Software source code is the ultimate description of HOW to implement something, so it should be immune (IANAL) even for software patents. I suppose an executable would constitute infringement where software patents are allowed. But WTF does RIAA and MPAA have to say about patents anyway? They're all about copyright. Right?

And here I was, reading... (1)

Aelanna (2695123) | about a year ago | (#44706825)

Here I was, thinking that this might actually be an interesting insight into how each of these sides think, and then:

The MPAA is a not-for-profit trade association founded in 1922 to [...]

Suddenly, I realized that there actually was nothing of interest here at all.

Devil's Advocate Here (3, Interesting)

PPH (736903) | about a year ago | (#44707291)

If all of this intellectual property stuff is so much like real property, then why don't we see law enforcement treat IP theft like the car thieves in my town? Steal my shitbox beater and the cops will risk their own lives, the lives of the criminals plus any innocent bystanders in pursuit of the crapmobile. They'll put down spike strips or ram it to get hold of the thieves.

So, when Microsoft, Apple, or Google steals my invention, who do I call to bring on the SWAT team?

Re:Devil's Advocate Here (1)

Alsee (515537) | about a year ago | (#44708609)

Crapman and Dropin?

-

Where do you live? (0)

Anonymous Coward | about a year ago | (#44709165)

Police here won't even come out in person take a report if that happens. They're sure as fuck not chasing anyone down with spike strips.

Re:Devil's Advocate Here (0)

Anonymous Coward | about a year ago | (#44711255)

> who do I call to bring on the SWAT team?

Michael Jackson?

Re:Devil's Advocate Here (1)

b4dc0d3r (1268512) | about a year ago | (#44713161)

The BSA if you are a member. Simple, no?

Also, straw man. Laws are not enforced the same in different cities due to different priorities. Barney Fife might chase a stolen tractor to the end of the earth, but cops in a large city with piles of murders are going to wait it out unless there's a pretty white girl inside.

SWAT team should not be involved for copyright/patent issues, so you shouldn't be able to call anyone. but it happens [businessweek.com] (yes that is an old article, but feel free to search for bsa raid 2013 on your own)

Potentially Inaccurate/Misleading/Biased Summaries (4, Informative)

Anonymous Coward | about a year ago | (#44707661)

A. Member Organizations and Associations

        Independent Film & Television Alliance (2013JUL22) -- Our business exists on licensing agreements. We want to keep strict control over the scope of those agreements, but we are cool with third parties such as ISPs, advertising providers, and payment processors doing our enforcement for us. Thanks in advance (suckers).

        Recording Industry Association of America (2013AUG17) -- Well said IFTA, but you forgot search engines and cloud storage providers. They should work for us too. We recommend the PTO think long and hard about this issue so we can continue lobbying around you in the background. PS -- trust these attached academic papers which may or may not provide multiple perspectives and may or may not be funded in part/whole by us or our interests.

        International AntiCounterfeiting Coalition (2013AUG21) -- We need to get all payment providers & monetary institutions signed up for our DMCA Takedown for Payments system. No false positives or your money back!

        Center for Copyright Information (2013AUG21) -- The Copyright Alert System is probably working, but it would be impossible to prove that using empirical data. But we can't prove it's not working either so let's just keep marching.

        Alliance for Safe Online Pharmacies (2013AUG21) -- Counterfeit medication is dangerous. We should be diligent in our efforts to reduce this problem.

        Public Knowledge (2013AUG21) -- Efforts to combat infringement must not themselves infringe on the rights of individuals. "Under the Dome" name drop. It will be hard to determine if any of these programs are actually working and publicly available data is an important part of that evaluation.

        Center for Democracy & Technology (2013AUG21) -- We agree with PK about transparency. We also specifically call out CCI on this issue.

        Motion Picture Association of America (2013AUG21) -- Hey, IFTA & RIAA, don't exclude anyone. We are all in this together. Let's include everyone in the enforcement gang (I'm looking at you, user generated content sites). Also, we can probably just guess some statistics if we need to.

        The Internet Association (2013AUG21) -- We really need to reevaluate the entire copyright system. These initiatives may not be providing any long term benefit. Lets focus on productive solutions like increasing legal sources for content.

        Association of American Publishers (2013AUG21) -- Small content creators cannot protect themselves from infringement so if we do not enlist third parties there will be no more quality content. Can we make DMCA Takedowns easier?? Here's an idea, lets make the third parties we are using to do our enforcement also keep track of how well it's working. Then they can just tell us.

        Computer & Communications Industry Association (2013AUG21) --- Back off, government. You're disturbing the market. Let's not forget the purpose of copyright, the public good. These problems will solve themselves as industries evolve (and they already are).

        Electronic Frontier Foundation (2013AUG21) -- Cooperative Voluntary Initiatives? Hah, voluntary. Public good, remember? Fair use, too. Don't fall into the trap of serving a special interest.

        Copyright Alliance (2013AUG21) -- Expand enforcement! Empower small content creators!

        Consumer Electronics Association (2013AUG21) -- Counterfeiting is bad, mmkay? We are for strict measures insofar as they benefit our interests. We are against strict measures insofar as they do not benefit our interests. That's fair, right?

B. Companies

        PharmacyChecker.com (2013AUG20) -- Counterfeit medications are actually hurting people. We should address this problem and leave drug IP violations as a secondary concern. (whispers:) In fact, maybe the IP policies of the drug companies are contributing to this problem in the first place.

        Google Inc. (2013AUG21) -- We're already doing a lot and having great success. Believe us, you don't even know how bad it would be otherwise. But this is a vast problem. We must also protect legitimate content from erroneous claims. Seriously, we're doing A LOT already, go look at someone else.

        MarkMonitor (2013AUG21) -- We'd like to take the opportunity to promote our products and services.

C. Individuals or unknown

        Alexis Parrish (2013JUN20) -- Patents rule! I want one! Here's my email address. Can we put a sweet logo on everything? That would be cool.
        Eurica Califorrniaa (2013JUN21) -- Fair use of copyright material should be expanded. All personal use and reproduction should be allowed similar to patents.
        Andrew im the @ Australianking (2013JUN22) -- Pressure (what u gonna do bout it?) other countries to adopt similar policies and create a universal International Copyright (IC). But its cool, we'll make it free.
        Robert Patrick Reibold (2013JUN23) -- I got scammed out of a patent, and it's all your fault. First to file sucks! I should be rich now. Ideas = $$
        James David Cowart (2013JUL07) -- I got busted for signal theft, but I was just curious how it all worked. Promise.
        Ted Dengler (2013AUG14) -- Copyrights > Patents. Make patents better. Copyright = Patent FTW.

That was really boring.

Information just wants to be free (1)

WillAffleckUW (858324) | about a year ago | (#44710481)

Now stop making yellow snow, IP.

Oops! (0)

Anonymous Coward | about a year ago | (#44710959)

USPTO Publishes Suggestions For Intellectual Property Enforcement, RIAA and MPAA sue for copyright infringement.

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