Oracle’s software packages are 'copyright-protected,' and Google’s “copying of the material” wasn't fair use, Oracle argued to the Supreme Court Wednesday, citing previous court decisions (see 1902250065). Oracle dismissed Google’s “doomsday predictions about the imminent demise of the software industry.” Oracle develops a “licensing regime to ensure compatibility,” and its computer programs help programmers write their own applications, Oracle said. It accused Google of copying thousands of lines of code and the structure of 37 software packages. Overturning long-accepted software practices will hurt innovation across the computer industry, Google Senior Vice President-Global Affairs Kent Walker emailed Thursday. "Oracle is just wrong. … We are asking the Supreme Court to hold that copyright law supports the kind of interoperability that has been critical to the astonishing progress of software development in the United States.”
Charter Communications, through "willful and extensive" contribution to music piracy by thousands of broadband subscribers, did nothing to curb that copyright infringement but "prioritize[d] its own profits over its legal obligations," said music labels and publishers in a civil complaint Friday (in Pacer, docket 19-cv-874) filed in U.S. District Court in Denver. They said Charter "routinely thumbed its nose" at the labels by continuing to provide service to subscribers it knew to be serially infringing copyright. The suit lists several IP addresses allegedly of Charter subscribers who have been subject of dozens of infringement notices. Among those suing are Warner Brothers, Atlantic, Sony Music and Capitol Records. They allege violations of the Copyright Act and seek unspecified statutory damages. Charter told us Monday it will “defend against these baseless accusations.” Some of the same labels also are suing cable ISP Grande Communications (see 1802080001) and Cox Communications (see 1808020009).
Rights owners may be eligible to recover “statutory damages and/or attorneys' fees for the unauthorized use” of pre-1972 sound recordings, the Copyright Office said Friday. The rule was finalized as part of the Music Modernization Act. The CO also finalized a related rule amending regulations for “compulsory license to make and distribute phonorecords of musical works” (see 1812070052). That took effect Friday.
The International Trade Commission launched a Tariff Act Section 337 investigation (docket 337-TA-1148) March 11 that could lead to a ban on imports of certain integrated circuits and the devices that contain them. In a Dec. 19 complaint, Tela Innovations accused Intel and Acer, Asus, Lenovo, Micro-Star and their U.S. subsidiaries of copying its patented layout optimization technology for ICs and incorporating those chips into downstream products. The ITC will consider whether to issue a limited exclusion order banning import and sale of the allegedly infringing products. Intel and Lenovo declined comment, and the others named in the investigation didn't respond to emails. Intel and Lenovo, in Feb. 22 comments on the public interest ramifications of Tela’s complaint, said an import ban would harm many in the public and private sectors. “The accused processors are foundational for the U.S. economy,” said Intel (login required). “These Intel processors are used in computers across every major sector of U.S. industry and in defense, government, healthcare, banking, and education.” Lenovo said (login required) banning its PCs and their embedded Intel processors would “degrade the ability of Lenovo’s customers, including healthcare providers, to deliver vital services effectively and efficiently.”
Internet stakeholders should participate in voluntary industry initiatives to address illegal intellectual property-related activity, more than 70 groups wrote Congress Thursday. The Information Technology and Innovation Foundation, Artists Rights Alliance (formerly the Content Creators Coalition), the Committee for Justice, American Legislative Exchange Council, Americans for Tax Reform, Multicultural Media, Telecom and Internet Council and Rainbow PUSH Coalition signed. The letter cites online statistics on digital theft: 2001-2015, U.S. music revenue fell from $14 billion to $7 billion. It also cited the need to protect IP rights through international trade agreements and the link between IP and free speech, consumer protection and national security.
The Copyright Royalty Board is accepting comments through April 12 on funding the Music Modernization Act’s mechanical licensing collective (see 1812210051), said a Federal Register Wednesday. The proposed regulations would govern “proceedings to determine the reasonableness of and allocate responsibility to fund the operating budget of” the MLC, CRB said.
MPEG LA is making “substantial progress” toward launching a patent pool for ATSC 3.0, and hopes soon “to be in a position to make an announcement” on its debut of a one-stop license, emailed spokesperson Tom O’Reilly Monday. “Each pool has its own unique set of factors affecting time to market," he said. "Reaching agreement among patent holders to offer a license of wide benefit to the market takes time. ATSC 3.0 is being tested in select markets now, and we expect the license to be available well before it becomes widely deployed.” MPEG LA hoped to have a 3.0 pool operational by early 2019 with the participation of more than a dozen licensors, O’Reilly told us in November (see 1811270013). MPEG LA's August 2017 call for 3.0-essential patents was the beginning of the process to create a one-stop-license pool.
Pointing to no material facts in question and all the law going against VidAngel, U.S. District Judge Andre Birotte of Los Angeles Wednesday granted movie studios' summary judgment motion against the streaming service. In a docket 16-cv-04109 order (in Pacer), Birotte said VidAngel hasn't raised any triable issue of material fact or about its "last-ditch argument" that its service might be social criticism. He said VidAngel can't avoid copyright and Digital Millennium Copyright Act legal questions that the District Court and the 9th U.S. Circuit Court of Appeals resolved in previously granting the studios preliminary injunction (see 1708240017). VidAngel outside counsel didn't comment Thursday.
Data Scape and C-Scape are seeking a ban on imports of data transmission devices they allege infringe their patents. The companies, in a Tariff Act Section 337 complaint Feb. 28 at the International Trade Commission, say smartphones, tablets and computers from Amazon, Apple, Verizon 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. Data Scope and C-Scape request a limited exclusion order and cease and desist orders against the allegedly infringing merchandise. Comments are due March 14, said Wednesday's Federal Register. Amazon and Apple didn't comment Wednesday, and Verizon declined to comment.
Intel proposed a national artificial intelligence strategy in response to President Donald Trump’s Feb. 12 executive order directing federal agencies to “prioritize investments” in AI R&D (see 1902110054). Intel sees a national AI strategy bringing together industry, academia, government and "civil society" to create a “fully realized” national strategy for AI managing the “broad social implications of AI,” it blogged Wednesday. Naveen Rao, general manager-artificial intelligence products group, and Global Privacy Officer David Hoffman outlined “actionable next steps” on increased R&D investments, ethical guidelines, data protection regulations, global interoperability standards, incentivized data sharing through tax or policy incentives, federal privacy legislation for data collection and sharing, an updated K-12 education curriculum, skills retraining programs, intellectual property protection, public and private national service opportunities and expanding laws governing human behavior to AI. “When the regulatory environment is known and understood, businesses and government can maximize their impact by pursuing the same goals,” they said.