EU governments backed compromise legislation updating EU copyright law Monday. The directive, approved by the European Parliament March 27 (see 1903260001), contains two provisions that remain controversial -- Articles 15 (formerly 11) and 17 (formerly 13). The former grants news publishers a new right covering digital use of their content; the latter requires online platforms to secure licenses for copyright-protected works uploaded by users and monitor for infringements. Final passage of the measure "is a milestone for the development of a robust and well-functioning digital single market," said Valer-Daniel Breaz, culture and national identity minister for Romania, which currently holds the EU Presidency. Governments have two years once the directive is published in the EU's Official Journal to adopt the new rules into national law. "We fear it will harm online innovation and restrict online freedoms in Europe," said Computer & Communications Industry Association Senior Policy Manager-Europe Maud Sacquet. She urged EU governments to "thoroughly assess and try to minimise the consequences" of the law when they implement it. The Independent Music Companies Association, however, said the text clarifying the position of platforms "is a first of its kind, and sets an example for other countries across the globe." The European Magazine Media Association, European Newspaper Publishers' Association, European Publishers Council and News Media Europe cheered the adoption of Article 15 and urged countries to it put in place quickly.
Apple landed publication Thursday of a Dec. 6 patent application on using “human sleep detection” to adjust an iPhone’s alarm setting that allows the user to get a full night’s rest, said Patent and Trademark Office records. “Most people do not fall asleep right away when they go to bed,” said the application (20190104985) listing six inventors, including sleep scientist Roy Raymann, a former Apple executive who joined the healthcare research startup SleepScore Labs two years ago. Even someone who goes to bed at “an appropriate time” to get eight hours of sleep will often end up with only six or seven hours “when the alarm goes off in the morning” because of tossing and turning during overnight periods of sleep "latency," it said. The mobile device “can help the user feel more rested by automatically adjusting an alarm,” delaying the wakeup time “based on the determined sleep onset latency,” it said. The science inside the device can also study recent sleep-latency trends to suggest "an earlier bedtime," it said. The application didn't say who would phone the boss when the alarm-delay function causes the user to oversleep. Apple didn’t comment.
U.S. Magistrate Judge Jonathan Goodman recommended U.S. District Court in Miami grant Amazon summary judgment in porn streaming service Wreal's trademark violation complaint. In a docket 14-cv-21385 report and recommendation Tuesday (in Pacer), Goodman said Wreal hadn't made a sufficient case that average consumers will confuse Wreal's pornographic FyreTV service with Amazon's Fire TV. He wrote there's no evidence of actual confusion and no proof Amazon markets Fire TV to customers interested in streaming pornography.
The International Trade Commission is investigating whether imports of data transmission devices violate Section 337 by infringing patents, the ITC announced and the Federal Register published. The probe is at the request of Data Scape and C-Scape, which say smartphones, tablets and computers from Amazon, Verizon, Apple and Cellco (dba Verizon Wireless) copy their patented technology, used in iCandy LED tickers, namely the ability to transfer data between the devices and allow changes on one device to be made in both. The ITC said it will consider whether to issue a limited exclusion order and cease and desist orders barring import and sale of infringing data transmission devices by those companies. Tuesday, the companies didn't comment.
The Copyright Office will allow exceptions for certain noncommercial uses of pre-1972 sound recordings “that are not being commercially exploited,” effective May 9, said a rule for Tuesday's Federal Register. It's part of the 2018 Music Modernization Act.
Information technology modernization remains a top priority for the Copyright Office (see 1805110042), the CO said Friday in its Strategic Plan for the next five years. The goal is to develop a “robust and flexible enterprise IT system” designed for current and future copyright needs, the CO said. Optimizing business processes, organization change management, education and engagement and impartial copyright expertise also made the list of focus areas.
Taiwan Semiconductor Manufacturing is “confident in its proprietary and independently developed technology and will defend its technology and business against any patent challenge,” emailed a spokesperson Wednesday. The International Trade Commission launched a Tariff Act Section 337 investigation into allegations the company is manufacturing semiconductor devices that infringe patents held by Innovative Foundry Technologies (see 1904030030).
President Donald Trump directed the Department of Homeland Security to deliver a report on online trafficking of counterfeit and pirated goods. Due in about 200 days, it's aimed at gaining a better understanding of how online third-party marketplaces and other third-party intermediaries facilitate illegal activity, their origins and what goods are trafficked. Another goal is to “identify administrative, regulatory, legislative or policy changes that would enable agencies … to more effectively share information regarding counterfeit and pirated goods,” Trump said Wednesday.
Haier and Skyworth joined the Advanced Audio Coding patent pool, said administrator Via Licensing Monday (here and here). The AAC pool has 900 global licensees, it said.
China’s trade practices “in several specific areas,” especially forced technology transfer and the Made in China 2025 industrial program, continue to “cause particular concern” for U.S. “stakeholders,” the Office of the U.S. Trade Representative reported. Made in China 2025 “seeks to build up Chinese companies in 10 targeted sectors "at the expense of, and to the detriment of, foreign industries and their technologies,” said Friday’s report. The program’s “initial goal” is to “ensure, through various means, that Chinese companies develop, extract or acquire their own technology, intellectual property and know-how and their own brands,” said USTR. Its ultimate goal is “to capture much larger worldwide market shares” in China’s targeted “strategic sectors,” said the office. U.S. and Chinese negotiating teams, trying to hammer out a comprehensive trade agreement, continue “to make progress during candid and constructive discussions on the negotiations and important next steps,” said the White House Friday. Talks continue this week in Washington. "Building on the substantive progress achieved," China hopes the two sides "can continue to work with concerted efforts, meet each other halfway, implement the importance consensus reached by the two presidents, and make attempts to ensure a mutually beneficial agreement,” said a Foreign Ministry spokesperson Monday.