Sure pass patent reform -- just the House version...
Commerce Sec. Gary Locke wrote an editorial for Politico yesterday explaining how reforming our outdated patent system would spur innovation and boost the economy. His sentiment that the US needs to refocus on nurturing innovation is one we couldn’t agree with more. We also agree in principle with his focus on the need for alternatives to litigation (“post-grant review”) and secure funding plus fee-setting authority for the Patent and Trademark Office.
CCIA has been calling for Congress to enact real patent reform for years. The tech industry needs a patent system that rewards real innovation – not patenting.
The House has a bill that makes a good start toward fixing a badly broken system. We, and many tech companies, supported the patent reform legislation and encouraged its passage. However, the latest compromise proposed in the Senate Judiciary Committee weakens the proposed patent reform bill to the point it can no longer be called a reform bill. We urge policymakers, when defining what constitutes “reform”, to look to stakeholders in IT, particularly those whose perspectives are not clouded by their patent-filing prowess.
Today, CCIA joins with a broad coalition of groups representing consumers, creators, libraries, civil society, and the technology industry in endorsing the Copyright for Creativity Declaration, a statement of principles calling for European copyright law to adapted for the digital era. The Copyright for Creativity Declaration proposes consensus principles that its signatories believe should animate efforts to modernize and harmonize copyright exceptions so as to promote creativity, innovation, education, and access to information.
These principles recognize the crucial role that copyright plays in the knowledge economy, but also acknowledge that government-granted exclusive rights are not the only tool in our toolbox for promoting innovation and advancing public welfare. If exclusive rights impede other creative activities that serve the public interest, such as technology innovation, education, research and collaboration, preservation, or achieving accessibility for people with disabilities, then our copyright laws should be reformed to ensure that the social bargain of copyright continues to benefit both creators and society.
The Copyright for Creativity Declaration also envisions a future of European copyright law where consumers and industry alike understand that the rights they have are uniform across nations. For example, a copyright system in which valuable technology products and services are encouraged in one jurisdiction and yet infringing in another will only breed contempt for copyright when the transition to digital technology means that creators have become increasingly dependent on the voluntary compliance of users. A harmonized, commonsense approach to the respective rights of creators and users should inspire greater legitimacy and respect for copyright.
The Declaration and additional information are available here.
Internet users and the tech industry are responding to news reports that the Obama administration may be weakening in its resolve to protect the neutrality of Internet access for households and small businesses. News reports indicate FCC Chairman Julius Genachowski may decide not to treat broadband as telecom services, which are clearly subject to FCC jurisdiction.
Some say the FCC needs to take action to clarify their jurisdiction after a recent appeals court ruling that overturned the way the FCC tried to enforce net neutrality rules. Because the Comcast case invalidated the Bush administration’s theory of FCC authority over Internet Access Providers, the Commission must rely on authority found in the telecommunications act to preserve open Internet access for all Americans.
The Computer & Communications Industry Association
filed comments with the FCC last week in response to the Commission’s request for comments on its net neutrality rules. CCIA pointed out the FCC does and should have authority to make rules on broadband access for households, students and small businesses under its Title II telecommunications authority.
The court ruling showed the failure of the previous Commission to maintain enforceable, basic rights to nondiscriminatory Internet access. But in the same breath the court didn't disapprove of what the FCC was trying to do -- preserve nondiscriminatory Internet access.
As senator Obama promised several pro consumer and pro technology positions during his campaign. Failure to invoke fundamental jurisdiction to implement those promises would be a serious retreat from what was thought to be his core commitment to positive change and economic growth through technology empowerment. Real change does not mean further entrenching dominant power.
Internet users need nondiscriminatory access to websites and the FCC is tasked with being the public interest watchdog, looking out for household and small business broadband Internet connection rights. We hope Obama administration officials are able to withstand the overly intense corporate political pressure and uphold their duty to protect the public interest in the open Internet.
U.S. diplomats are fighting overseas to ensure citizens in countries like China and Iran have open Internet access. They know all too well the cost of information suppression and we would do well to fight that battle on the homefront too so that no government and no commercial access provider controls access to information on the Internet. Given the recent court ruling that has put a big hole in the previous FCC’s ‘safety net’ that needs to be fixed immediately and cannot await a multi-year legislative process in Congress.
by Ed Black, President & CEO, CCIA
