Aggregator | JCA-NET

持続可能な地方行財政のあり方に関する研究会（第1回）

1 month ago

持続可能な地方行財政のあり方に関する研究会（第1回）

総務省

Oppose The Patent-Troll-Friendly PREVAIL Act

1 month ago

Update 11/21/2024: The Senate Judiciary Committee voted 11-10 in favor of PREVAIL, and several senators expressed concerns about the bill. Thanks to EFF supporters who spoke out! We will continue to oppose this misguided bill.

Good news: the Senate Judiciary Committee has dropped one of the two terrible patent bills it was considering, the patent-troll-enabling Patent Eligibility Restoration Act (PERA).

Bad news: the committee is still pushing the PREVAIL Act, a bill that would hamstring the U.S.’s most effective system for invalidating bad patents. PREVAIL is a windfall for patent trolls, and Congress should reject it.

Take Action

Tell Congress: No New Bills For Patent Trolls

One of the most effective tools to fight bad patents in the U.S. is a little-known but important system called inter partes review, or IPR. Created by Congress in 2011, the IPR process addresses a major problem: too many invalid patents slip through the cracks at the U.S. Patent and Trademark Office. While not an easy or simple process, IPR is far less expensive and time-consuming than the alternative—fighting invalid patents in federal district court.

That’s why small businesses and individuals rely on IPR for protection. More than 85% of tech-related patent lawsuits are filed by non-practicing entities, also known as “patent trolls”—companies that don’t have products or services of their own, but instead make dozens, or even hundreds, of patent claims against others, seeking settlement payouts.

So it’s no surprise that patent trolls are frequent targets of IPR challenges, often brought by tech companies. Eliminating these worst-of-the-worst patents is a huge benefit to small companies and individuals that might otherwise be unable to afford an IPR challenge themselves.

For instance, Apple used an IPR-like process to invalidate a patent owned by the troll Ameranth, which claimed rights over using mobile devices to order food. Ameranth had sued over 100 restaurants, hotels, and fast-food chains. Once the patent was invalidated, after an appeal to the Federal Circuit, Ameranth’s barrage of baseless lawsuits came to an end.

PREVAIL Would Ban EFF and Others From Filing Patent Challenges

The IPR system isn’t just for big tech—it has also empowered nonprofits like EFF to fight patents that threaten the public interest.

In 2013, a patent troll called Personal Audio LLC claimed that it had patented podcasting. The patent titled “System for disseminating media content representing episodes in a serialized sequence,” became the basis for the company’s demand for licensing fees from podcasters nationwide. Personal Audio filed lawsuits against three podcasters and threatened countless others.

EFF took on the challenge, raising over $80,000 through crowd-funding to file an IPR petition. The Patent Trial and Appeals Board agreed: the so-called “podcasting patent,” should never have been granted. EFF proved that Personal Audio’s claims were invalid, and our victory was upheld all the way to the Supreme Court.

The PREVAIL Act would block such efforts. It limits IPR petitions to parties directly targeted by a patent owner, shutting out groups like EFF that protect the broader public. If PREVAIL becomes law, millions of people indirectly harmed by bad patents—like podcasters threatened by Personal Audio—will lose the ability to fight back.

PREVAIL Tilts the Field in Favor of Patent Trolls

The PREVAIL Act will make life easier for patent trolls at every step of the process. It is shocking that the Senate Judiciary Committee is using the few remaining hours it will be in session this year to advance a bill that undermines the rights of innovators and the public.

Patent troll lawsuits target individuals and small businesses for simply using everyday technology. Everyone who can meet the legal requirements of an IPR filing should have the right to challenge invalid patents. Use our action center today and tell Congress: that’s not a right we want to give up today.

Take Action

Tell Congress: reject the prevail act

【出版界の動き】トランプの権力拡大、｢トリプルレッド｣が招く不安＝出版部会<br />

日本ジャーナリストクラブ（JCJ）

1 month ago

◆＜トランプ勝利＞で影響力が低下する米国大手メディアの苦悩　今回の大統領選挙で、トランプが「トリプルレッド」を手にした背景には、戦いの場を新たなメディアの戦場に移したからだとも言われている。ポッドキャスト（Podcast）やゲーム配信、サブスタック（Substacks）やティックトック（TikTok）などでのニュース配信や討論も含め、活用メディアが多様化し、新たな情報環境を作り出している。　選挙報道などでは、これまで主流だった新聞やテレビなどの大手メディアが、試練に立たされて..

ＪＣＪ