The following is a cross post from Authors Alliance’s blog, by Luke Ewing, student attorney at the Colorado Law Samuelson-Glushko Technology Law & Policy Clinic. Luke was helped by his classmates Sean Doran and Andi Wilt, and their supervisor Blake Reid, at Colorado Law; and law students Eric Malmgren, Erica Row, and Julia Wu, and their supervisor Jack Lerner, at UC Irvine Intellectual Property, Arts, and Technology Clinic for their assistance with the development of the Termination of Transfer tool and templates.
Erica Row, Julia Wu, Pamela Samuelson, Mike Wolfe, Eric Malmgren, and Jack Lerner (not pictured: Sean Doran, Luke Ewing, Andi Wilt, and Blake Reid)
Authors Alliance and Creative Commons recently released the Termination of Transfer tool at rightsback.org. You may be wondering what the tool does and how termination helps authors. Along with many other beta testers, student attorneys at the Colorado Law Samuelson-Glushko Technology Law & Policy Clinic and the UC-Irvine Intellectual Property, Arts, and Technology Clinic helped verify that the tool accurately reflects the state of termination law. We scoured statutes, regulations, and case history to determine what is required to make the termination process go smoothly under a wide range of circumstances. We also tested the tool to ensure that its results accurately reflect the current state of the law. Finally, we drafted a standardized form and written guidance that make the paperwork simple once an author decides to exercise their termination right.
On February 28th, student attorneys Andi Wilt and Sean Doran and TLPC Director Blake Reid delivered a webinar on best practices for public library makerspaces hosted by the Colorado State Library Association.
The webinar focused on addressing problems and concerns that arise when a public space like a library provides access to 3D printing technology. 3D printers present challenges to libraries stemming from objects that may infringe intellectual property rights or raise other concerns under library policies.
The best way for libraries and other public makerspaces to mitigate against these risks may be to set up a positive agenda, training, and programming for the use of the space. For example, libraries should provide education and training of design technologies that work with 3D printers. Programs like Tinkercad are now free and easy to use, and many of them offer free training programs. Webinar attendees contributed a variety of helpful best practices that have worked in libraries across the country.
The webinar was recorded and archived by the CSLA and can be viewed anytime along with links to various resources and best practice ideas.
In this white paper, TLPC student attorneys Colter Donahue and J. Parker Ragland outline steps that the FCC can take to avoid having rulemakings and other policymaking initiatives delayed or negatively affected by intellectual property issues. In recent years, the Commission has faced several situations, including in the context of 9-1-1 services, telecommunications relay services, and set-top boxes, where intellectual property issues have arisen and affected proceedings. The white paper urges the Commission to develop adequate expertise in intellectual property law and to proactively anticipate and address IP issues to avoid these situations in the future.
Working with Silicon Flatirons Senior Fellow Pierre de Vries, TLPC student attorneys Andrew Manley and Jonathan Bair endorse prior recommendations that the Federal Communications Commission improve its waiver application process for radio operations through the adoption of Risk-Informed Interference Assessment (RIA). The TLPC and de Vries submitted a filing to the Commission suggesting how RIA might be adopted as a tool to assist the Commission in its decision making process. The filing elaborates on the RIA method, offers a checklist by which the Commission can request RIA from parties, and explores three test waivers for the application of RIA.
(by Zach Goldberg and Eilif Vanderkolk, TLPC Student Attorneys)
Over the past several months, the TLPC, in collaboration with the National 911 Program, has researched problems burdening 911 call centers, with the aim of discovering solutions to improve the efficiency of emergency response throughout the country. Specifically, we have examined the negative impact of calls made from non-service-initialized devices (“NSIDs”) and high non-emergency 911 call volume upon the efficacy of public safety answering points (PSAPs). We aimed to gain deeper understanding of how 911 systems work, the difficulties they face, and how changes in law and policy, technology, and consumer awareness and behaviors might help. However, crafting effective solutions to these problems is difficult because the factors contributing to high non-emergency 911 call volume figures are complex, and reliable, precise studies and data is scarce. We explore these problems in the attached white paper.
Over the past month, the TLPC has researched autonomous vehicle technology and its susceptibility to physical layer cyber attacks, with the aim of encouraging research and development efforts to counteract such threats. We sought to gain deeper understanding of the communication systems that enable autonomous vehicle technology, the vulnerabilities of these systems to jamming and spoofing attacks, and possible defenses against such attacks. We explore these issues in the attached comment, filed in the National Highway Traffic Safety Administration’s latestproceedings relating to autonomous vehicle safety and vehicular cyber security.
(by Caroline Jones and Max Brennan, TLPC Student Attorneys)
Last week, the Federal Communications Commission released a public notice seeking comment on a petition by the Boulder Valley School District (BVSD) and the TLPC to help bridge the homework gap. BVSD seeks to connect the students in Boulder’s low-income housing communities to its high-speed fiber network so they can access the internet after school hours to do their homework.
The petition asks for a waiver certain provisions of the Federal Communications Commission’s (FCC) E-Rate Program, a federal program that provides subsidies for schools and libraries to obtain telecommunications services. The public notice also invites comment on a petition filed by Microsoft that asks the FCC to permit the use of TV White Spaces technology to extend a school’s internet access service to students’ homes for educational purposes.
The FCC has designated the period for public comment until November 3rd, 2016, with reply comments due December 5th, 2016. Interested parties may file comments on the FCC’s website.
This semester, TLPC student attorneys Marcus Degen, Kolton Ray and Jeff Westling continued work on the clinic’s Petition for Rulemaking regarding spectrum interference dispute resolution. With the help of Silicon Flatirons Fellow Pierre de Vries, the student attorney’s analyzed, synthesized and replied to comments and concerns raised in the docket by various stakeholders regarding the Clinic’s proposed ALJ option: where issues arising from spectrum management could be resolved by the Commission’s Office of Administrative Law Judges.
The Clinic incorporated this research, in addition to the feedback from attorneys, technologists and policymakers, into a reply comment filed with the FCC late last week. The reply rebuts negative assumptions and responds to key concerns; the key takeaway is that numerous parties agree that there is a problem with the current system of interference dispute resolution. With this filing, we urge the FCC to take the next step and initiate an NPRM to develop a timely, transparent, and fact-based mechanism to resolve spectrum interference disputes.
Last week, the TLPC testified at several hearings (PDF) in favor of ourproposed exemptions to Section 1201 of the Digital Millennium Copyright Act. We’ve linked below to various pictures and coverage of the hearing. Congratulations to the many TLPC students who took part!
Politico Pro coverage of security research hearing (1, 2)
On Tuesday, May 12, 2015, three TLPC student attorneys submitted a White Paper to the U.S. Patent and Trademark Office (PTO) detailing a proposal to discourage frivolous claims in trademark opposition proceedings before the Trademark Trial and Appeal Board (TTAB). Current PTO rules can allow for entities known as “trademark bullies” to unfairly target new trademark applicants with aggressive litigation tactics that can cost, on average, around $80,000 to defend. For this project, the team partnered with our sister law clinics at American University and Suffolk University.
The team developed two proposals: a Second Look Review procedure and fee-shifting authority housed within the TTAB.
The Second Look Review procedure would allow trademark holders and other interested parties to request that the examining attorney who approved the trademark application take a “second look” at the application in light of evidence presented by the interested parties. If unsatisfied with the examining attorney’s determination, either party can then appeal directly to the TTAB.
The team’s second proposal is for Congress to implement a statutory fee-shifting mechanism for frivolous opposition suits before the TTAB. Current patent regulations allow for similar sanctions for parties who file frivolous patent oppositions in litigation, so the team proposes an analogous mechanism for trademark regulations. Because the PTO does not currently have the authority under the Lanham Act to incorporate fee-shifting procedures into TTAB proceedings, the team included an argument that the PTO or other parties might make to Congress to obtain an explicit grant of this authority.
The Second Look Review procedure, coupled with fee-shifting authority, could provide a balanced approach that eliminates incentives for companies or other entities to engage in frivolous and aggressive trademark opposition practices, while allowing incumbent trademark holders an easier avenue to defend potential threats to their trademarks. Furthermore, these proposals would help ensure that only legitimate oppositions from committed parties are admitted to the TTAB docket, which could increase overall efficiency within the PTO.
The student attorneys for this project were Austin Gaddis, Paul Garboczi, and Conor Stewartson.
The full text of the White Paper can be found here: