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twitterbird
Apr. 20, 2013 // by Amanda Fachler

Hashtag Tweet About It: Twitter Finally Gets a #Patent

After years of patent pending actions for the mainstream social media networking company, Twitter finally gets a patent for… Twitter. Unbelievable to many, the company and its broad patent can finally take full ownership over tweeting, and perhaps much more, in the future.

0 Comments // Blogroll, Computers, Internet, Patents, Social Media, Technology, Twitter
googleglass
Apr. 19, 2013 // by Amanda Fachler

Say Hello to Google Glass, and Goodbye to Privacy

Google’s latest revolutionary invention, Google Glass, is set to hit the market starting this week.  The part-smartphone, part-mini-computer device looks like a pair of sunglasses, with a small glass box in the upper right-hand corner that will display information to a user without obstructing his line of vision.  Google Glass’s wearable technology and patented design displays information in a hands-free manner and users interacts with the product through voice commands, similar to the interaction users have with Siri, Apple’s leading lady on the innovative voice command front.  Some features that the product enables users to do are instantly document their day-to-day life, receive step by step real-time directions, track people they interact with using information and stats, conduct Google searches, take and share pictures, film videos, and translate on the go.  Although the product is incredibly new, Google has confirmed that after the initial test runs are through and the product enters the mass market, they will eventually work with sunglass retailers as well as retailers for prescription frames and lenses in order to afford everyone a uniquely tailored Google Glass experience.

In order to get their product out there, into the hands of Americans other than Google’s own employees who have been testing the product for a long while now, Google launched a campaign for their technology-loving followers.  Google’s #IfIHadGlass contest instructed U.S. residents to submit 50-word applications using either Twitter or Google Plus, explaining how they planned to use the new Google Glass technology.  At the end of the contest, Google awarded 8,000 lucky winners with their very own Google Glasses for only $1,500, and the opportunity to test drive some of the most incredible technology we have ever seen months before the product is publicly available.

To any person, technology buff or otherwise, this sounds absolutely amazing.  But it also sounds incredibly frightening.  Privacy debates have already arisen over the really-cool-but-kind-of-controversial product, and there are certainly more on the way.

Since the advent of the smart phone and instant media sharing, our privacy rights have certainly been minimized.  The ability for anybody to snap a photo in any public place has become an issue of growing concern for many, including professionals, celebrities, political figures, and otherwise.  But there are several additional dangerous components of Google Glass that seem to put our privacy interests at even greater risk.

First, there is the issue of simply being in someone’s frame of vision in order to be photographed or video recorded that places any passerby at the risk of having no idea whether or not they are on camera.  The lack of notice seems to be a disturbing privacy concern for legal analysts who have already been tuned into the Google Glass revolution for months.  Google has defended this concern by confirming that the purpose of the test market is to work out any potentially dangerous concerns, such as this one, before the product enters the mass market.  But it seems like this feature is fundamental to the ease and hands free nature of the device, almost ensuring that this problem will persist.  By this same token, a user may not even realize what kind of information they are capturing or recording, leading to the opportunity for copyright infringement, exposure of trade secret, and many other intellectual property related violations of privacy afforded by these protections.


Relatedly, the overly broad software with the ability to capture the users surroundings can be more dangerous than even its user realizes.  This is a potentially threatening aspect of Google Glass because it’s purpose is to capture more than the eye can see; more than you even realize that you see.  Because the Google Glass is set to always be “live,” some legal analysts have inquired into whether a user will actually turn off their Google Glass device when entering a PIN into an ATM machine, or provide their social security number to a medical practitioner.  Even documents like bills and credit card statements, and credit cards themselves, are placed in jeopardy when a user is wearing software that has the ability to capture every moment of your life.  Identity theft happens constantly in the United States; one swipe of the credit card at a hacked machine and your name can appear on the bill for all kinds of products you never purchased.  Google Glass exposes both users as well as parties in the line of vision of users to these fraudulent practices at a seemingly higher rate and with far greater ease.  With security flaws occurring in Smart Phones by the millions as recently as February, there is no sure fire guarantee that any information will be safe after the Google Glass software is hacked into, or even worse, stolen.

Finally, and perhaps the most dangerous component of the Google Glass with respect to privacy is the visual tracking and facial recognition feature.  What separates Google Glass from a regular smart phone is the conscious decision to actually use the features of a smartphone, while the Google Glass is meant to be live and operational on a constant basis.  By tracking the user’s eye movements and line of vision, the Google Glass is meant to suggest and request certain kinds of information.  Because of this kind of eye tracking, most of which is subconscious, Google Glass may actually have the ability to reveal information to the consumer that they never would have otherwise learned about themselves, such as environment triggers, attractions and decision making processes, because it is completely outside the scope of the user’s active thought process.  Equally as creepy is the facial recognition feature, which enables the Google Glass software to identify and track individuals who come into your line of vision, so long as they are also online.  Yes, this actually means that you can look at a person, and information about them can instantly pop up in your Google Glass vision.  This innovation may just have the ability to bring “stalking” to a brand new level.

Although we can’t say for sure what Google Glass will do for our society, it certainly may be off to an uncertain start.  Despite the incredible and revolutionary technology that Google purports to set forth, a big step in technological advancement must always come with a bit of reluctant hesitation.

0 Comments // General, Google, Internet, Technology
com
Apr. 17, 2013 // by Laura Lagone

The Future of “.com”

Following ICANN’s 46th meeting in Beijing, the President of ICANN told the Wall Street Journal that the private, U.S.-based Internet administrator will roll out Chinese character options for top-level domains (TLDs) later this year. In addition to allowing companies to apply for their own TLDs (think www.shop.nike without that pesky .com getting in the way), ICANN is working to introduce new address endings in additional languages, such as Arabic, Russian, and Japanese.

0 Comments // Blogroll, Internet, Technology
EuroPatent
Apr. 16, 2013 // by Tiffany Mahmood

The European Court of Justice Dismisses Actions Against the Single European Patent

In 2011, the European Council authorized enhanced cooperation between member states in a view of creating a single European Patent. Spain and Italy refused to participate and requested the Court of Justice to annul the Council’s decision. The ECJ has dismissed their request noting, that the EU is authorized to create European-wide intellectual property rights and that the Council is fully competent to authorize enhanced cooperation in the area of patent law.

0 Comments // Blogroll, International IP Law, Patents
chinaipr
Apr. 14, 2013 // by Matthew Marcucci

Introducing the West to Chinese IP Law

Mark Cohen, a Visiting Professor at Fordham University School of Law, publishes ChinaIPR.com, a highly informative blog that, in Cohen’s words, “aims to provide access to information, news and events related to IP development in China.”  As his blog readily displays, Cohen is one of the West’s leading experts on all things China IP-related.  He has amassed an impressive set of experiences over the past quarter century, including stints as an Attorney-Advisor at the Office of International Relations at the United States Patent and Trademark Office, Senior Intellectual Property Attaché at the U.S. Embassy in Beijing, Of Counsel to Jones Day’s Beijing Office, and, most recently, Director of International Intellectual Property Policy at Microsoft.  He also speaks and reads Mandarin Chinese fluently.

While most Westerners are aware of the significant role that China now plays in the global economy, fewer are aware of the implications that China’s economic rise has for the holders of intellectual property rights.  Cohen’s blog narrows that knowledge gap.  With frequent updates, ChinaIPR.com features posts on a wide range of matters, including, among other things, legislative trends, rates of enforcement, application rates for IP rights, and analysis of long-term trends.  Many of these issues are often covered primarily by Chinese sources, so Cohen’s blog serves as an invaluable steppingstone for non-Chinese-speaking audiences who are curious about IP developments in China.

Cohen has a fondness for empirical data at the expense of anecdotal evidence.  In that vein, one of Cohen’s recent posts explores data on how foreigners seek information about Chinese IP.  According to Cohen’s analysis, Chinese government sources, while a major source of IP-related information, are nevertheless infrequently consulted by Americans, regardless of whether the sources are in Chinese or English.  Focusing on the website of China’s State Intellectual Property Office, Cohen related that nearly 72% of that site’s total visits in 2012 were from China, while a relatively paltry 11.2% of visitors were from Europe.  Visitors from the United States, however, comprised a scant .95% of SIPO’s hits last year.

Delving further, Cohen found that most of SIPO’s website’s hits in 2012 from Europe and the United States were, surprisingly, for Chinese-language pages.  In fact, roughly 80% of visitors to SIPO’s English language pages were China-based, while only 8.87% of such visitors were in the United States.

Which topics were visitors to SIPO’s English-language pages perusing?  According to Cohen, the overwhelming majority of such visitors – roughly 90% – sought information about how to file a patent application in China, a process that Cohen described as an information-intensive effort.  The next largest proportion of visitors – nearly 6% – sought information about law and policy, while smaller proportions of visitors landed on SIPO’s FAQ, News, Patent Examination, and “About SIPO” pages.

With characteristic rigor, Cohen also compared the above data to data on visitors to the EU China IPR Help Desk, a leading Western online source of information about China’s IP system.  While far fewer people in total visited the IPR Help Desk’s website than visited SIPO’s website, Cohen noted that the number of page views on SIPO’s English-language law and policy page was comparable to the number of overall visitors to the IPR Help Desk’s website, which provides similar law and policy-related information.  From this finding, Cohen concluded that “the IPR Help Desk is performing an important function in providing Western language information on China’s IP system to Europeans,” and that “English language websites serve an important function in disseminating information on developments in China.”

Aside from the type of analytical, data-centered posts such as the one described above, ChinaIPR.com also features commentary about such broader trends as technological innovation.  A short post from December 2012 relates that a Wall Street Journal blog post had reported on a study of the 50 most valuable Chinese brands, and ponders whether those brands fared well in the government’s campaign to enhance innovation.  According to Cohen, “[a] major factor in brand value comes from consumer perception of the brand’s progress in the area of innovation.”  Accordingly, the study that was the focus of the WSJ blog post analyzed consumer survey data, which revealed that consumers in China value innovation as do their counterparts elsewhere in the world.  Cohen listed Tencent, Baidu, Hainan Airlines, and Septwolves as examples of Chinese brands that have made notable progress in the realm of innovation, and he linked to an article on Chinese innovation by Jae Zhou and Benjamin Bai.

Finally, a recent post by Cohen tests readers’ knowledge of China-related IP matters with a pop quiz.  For those of you who wish to take the quiz without seeing the answers in advance, click on the link at the end of the previous sentence.  The answers reveal some interesting bits of trivia, and display, perhaps to the surprise of many readers, that Chinese IP has been an area of interest for the United States for centuries.

For instance, readers might be surprised to learn that the first patent filed in the United States by someone from China was filed in 1908 by Dr. Jin Fuey Moy, “subject of the Emperor of China,” for an enhanced nutcracker for chestnuts.  In addition, the first bilateral agreement between China and the United States on IP-related matters was brokered in 1903, long before the establishment of the People’s Republic of China in 1949.  Readers also might not be aware that China’s trademark office has been the largest office in the world in terms of applications for over 10 years, and that China has more per capita civil copyright, patent, and trademark litigation than the United States.  Finally, while China is today known for being a nation of exports, such was not always the case.  Ironically, American exports of what most would consider a distinctively Chinese product flooded the Chinese market in the 18th century: medicinal ginseng.  North American ginseng, as Cohen relates, had been employed by Native Americans for healing purposes, and one of the first exports of the newly-independent United States consisted of 30 tons of wild ginseng, which found its way eastward on board the Empress of China.

0 Comments // International IP Law
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The Fordham Intellectual Property, Media & Entertainment Law Journal is one of the leading scholarly law journals dedicated to the publication of Articles, Essays, Comments, Addresses, and Notes on intellectual property, media, and entertainment law.

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