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More on the Blue Coat web filters

Yesterday I wrote about the USPTO blocking KEI and many other NGOs, blogs and news organizations from their public wifi service. The USPTO says this practice has been discontinued, as of last evening (more here: /node/1548) but I found the issue interesting enough to follow up a bit. What I have found is more troubling than the initial case described yesterday.

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USPTO blocks web access to “Political/Activist Groups” including KEI, ACLU, EFF, Public Citizen, Redstate, DailyKos

Update: At 5 pm the USPTO called and said that the public access wifi network was using a filter, provided by a contractor, to block “political activist” sites. This filter was not used by the network providing Internet access for the USPTO staff. After our meeting, the USPTO reviewed its policies, and has removed the filter. USPTO says the filter was implemented by a contractor, and no one we talked to at USPTO was aware of who was being blocked. In any event, the filter has been removed.

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Data on Chinese patent applications and grants suggests growing gap between political rhetoric and current realities

The GOP platform mentions China 15 times, including these passages:

Our serious trade disputes, especially China’s failure to enforce international standards for the protection of intellectual property and copyrights, as well as its manipulation of its currency, call for a firm response from a new Republican Administration. . .

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Birch Bayh’s competing interests and evolving views

The 1980 Bayh-Dole Act is named after two former US Senators, Birch Bayh and Bob Dole. In 2002 both claimed the Bayh-Dole Act march-in provisions were not intended to address cases where prices for inventions are unreasonable, and Senator Bayh repeated this view during a 2004 march-in case involving Abbott patents on ritonavir.

Among the provisions of the Act that suggest otherwise are the following:

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ISP sources defend USTR proposals in TPP on copyright limitations: undermine opposition to USTR proposal

A story today by Adam Behsudi in the trade publication, Inside U.S. Trade, quotes from ISP industry sources who basically defend the USTR position, which is the worst among the TPP negotiating countries. Taken as a whole, we read the ISP positions as both weak and incredibly damaging, as they are undercutting real opposition to the USTR proposal by non-US governments in the TPP negotiations. Continue Reading

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Berne Exceptions not subject to 3-step test

When politicians and trade officials tell you they want to impose a restrictive 3-step test to narrow the copyright limitations and exceptions permitted under the Berne Convention, take a minute to review what the Berne exceptions cover, and ask yourself, why would anyone want to further limit these exceptions?

[The related rights in the Rome Convention, the rights in the WCT, WPPT and Beijing treaties, and the flexabilities in the WTO TRIPS Agreement require a separate discussion].


Article 2(4,7 and 8) – Protected Works:

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Four drafts from SCCR 24

  • Chair’s Non Paper, PROTECTION OF BROADCASTING ORGANIZATIONS, SCCR 24, July 23, 2012
  • Working document (Rev. 5), July 25, 2012, Provisional Working Document Containing Comments On And Textual Suggestions Towards An Appropriate International Legal Instrument (In Whatever Form) On Limitations And Exceptions For Educational, Teaching And Research Institutions And Persons With Other Disabilities
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