The U.S. Court of Appeals for the D.C. Circuit upheld the Copyright Royalty Board’s Web IV music streaming rates for 2016-20 in a Tuesday opinion filed by Judge Sri Srinivasan. "We sustain the Board’s determination in all respects." CRB set the statutory royalty rate for subscription-based commercial noninteractive webcasters at .0022 cent per song performance for 2016, to be adjusted in ensuing years to account for inflation. The royalty rate for ad-based commercial noninteractive webcasters was .0017 cent per song performance for 2016, also to be adjusted for inflation. The rates were reasonable, and CRB "adequately and reasonably explained its decision to set different rates for ad-based and subscription noninteractive webcasting services," Srinivasan wrote for himself and Judith Rogers and Thomas Griffith. NAB "is delighted by the D.C. Circuit’s decision to uphold the streaming rates for broadcasters set by" CRB. SoundExchange, among the challengers, didn’t comment.

The American Watch Association, Fitbit and Fossil opposed tariffs on smartwatches imported to the U.S. under a classification that includes a broad assortment of connected devices and networking products. “American consumers will ultimately feel the brunt of this tariff when they seek to purchase watches, innovative wearable devices, and accessories,” Fossil commented. “Tariffs on smartwatches from China will increase costs for these members and, in turn, could result in" less U.S. R&D, AWA commented. Remove that entire subheading from the targeted duties list or yank wearables or delay the levies' implementation, Fitbit said. The comments in docket USTR-2018-0026 came after many tech heavy hitters opposed the penalties over the countries' IP disputes (see 1809120049).

A stipulated permanent injunction against streaming media player company TickBox is "an important milestone for ... the global effort to reduce online piracy," MPAA said Tuesday. TickBox -- being sued by a variety of content companies for abetting video piracy (see 1712290026) -- and the plaintiff group Alliance for Creativity and Entertainment said in a U.S. District Court for the Central District of California, Los Angeles, stipulation (in Pacer, docket 17-cv-7496) they agreed to the stipulated $25 million judgment in favor of the plaintiffs and the proposed permanent injunction barring TickBox from being a party to add-on software that links to third-party pirate cyberlockers or streaming sites.

The International Trade Commission opened a Tariff Act Section 337 investigation (docket 337-TA-1131) into allegations that imports of wireless mesh networking products from Analog Devices, its Linear Technology subsidiary and Emerson Electric and several of its affiliates infringe Sipco patents, said an agency notice. In an Aug. 3 complaint (login required), Sipco alleged the companies are manufacturing or importing the infringing products, used for monitoring or controlling wireless remote devices in industrial environments by way of a self-healing network. The ITC will consider whether to issue a limited exclusion order and cease and desist orders against the companies, said the notice. Analog Devices and Emerson, in Aug. 20 filings (login required), denied the allegations.

Dish Network is seeking default judgment against the creator of the ZemTV streaming service and $1.95 million in damages and a court order that third-party service providers stop providing service that supports ZemTV's copyright infringement. In a motion (in Pacer, docket 17-cv-01618) for default judgment Friday in U.S. District Court in Houston, Dish said since defendant Shahjahan Durrani's motion to dismiss was denied in April, he hasn't replied to Dish's complaint or defended himself. Durrani didn't comment. Dish sued Durrani and another defendant in 2017, claiming they abetted video piracy through retransmission of channels exclusively licensed to Dish through the ZemTV add-on, downloadable at TVAddons websites, for the Kodi media player (see 1801090012). Dish reached a voluntary settlement (in Pacer) with the other defendant.

Roku is infringing nine Universal Electronics patents in “four patent families and two general technology categories: remote control set-up and touchscreen remotes,” alleged Universal in a complaint (in Pacer) Wednesday in U.S. District Court in Santa Ana, California. Roku is "a relative newcomer to home entertainment control,” compared with Universal, which has a 30-year history and owns more than 350 home entertainment patents, said the complaint. Roku and Universal had a “mutually successful previous business relationship,” until Roku “decided to forgo” licensing key Universal IP that’s “prevalent in a number of Roku’s home entertainment products,” it said. Having tried but failed “to reach an acceptable business solution” with Roku, Universal “brings this suit to secure appropriate relief and ensure adequate compensation” for Roku’s unauthorized use of its technology, it said. Roku declined comment.

With safe harbor protection, dominant digital platforms ignore “massive theft and exploitation of creative works on the internet,” 17 minority organizations told House lawmakers Tuesday. The American Black Film Festival, TechLatino, Center for Asian American Media and Multicultural Media Correspondents Association signed the letter to Reps. Judy Chu, D-Calif.; Mario Diaz-Balart, R-Fla.; Michelle Lujan Grisham, D-N.M.; and Cedric Richmond, D-La. They asked the lawmakers to explore “alarming trends” surrounding internet piracy but didn't directly seek legislation.

Sonos has a global “portfolio of 630+ issued patents and 570 applications covering all manner of tech innovation,” spokeswoman Lizzie Manganiello emailed us Wednesday on our query about the company’s plans to commercialize the invention for which it landed a U.S. patent Tuesday on techniques of embedding ads as “structured metadata” in a “digital media playback system” (see 1808280002). “Some of these inventions have made their way into Sonos products, many have not yet, and some never will,” said Manganiello. “We’re not going to comment on our roadmap other than to say we won’t do anything that degrades the consumer listening experience.”

CTA and the National Retail Federation praised Monday’s announcement of a preliminary bilateral trade deal between the U.S. and Mexico (see 1808280010) as an encouraging first step, stopping short of endorsement pending details. “A deal that encourages free trade between our countries certainly is welcome,” said Michael Petricone, CTA senior vice president-government and regulatory affairs. If President Donald Trump “really wants a better deal” than the North American Free Trade Agreement, any pact “must support our country's technology leadership,” said Petricone. “We look forward to learning more about the details." NRF thinks “coming to terms with Mexico is an encouraging sign, but threatening to pull out of the existing agreement is not,” said CEO Matthew Shay. “NAFTA supports millions of U.S. jobs and provides hardworking American families access to more products at lower prices. To preserve these benefits and protect complex, sophisticated and efficient supply chains, the administration must bring Canada, an essential trading partner, back to the bargaining table and deliver a trilateral deal.”

Marketers of low-cost electronics for cars and other applications will be especially vulnerable if the Trump administration imposes a third tranche of 25 percent tariffs on Chinese imports, they commented Monday in docket USTR-2018-0026. Digital Products International (here) and car audio supplier Dual Electronics said their businesses are too profit-poor to absorb higher duties, worrying about increasing prices. Most Dual products sell for less than $100, for “people with older cars to not only have an affordable radio, but also basic connectivity features like Bluetooth,” wrote CEO Jim Braun. “Demand will surely drop for our industry” amid levies, he said. “Supply will be cut back as a result. Jobs will be lost as we, and others, adapt to a smaller business."