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Breakingviews: Patently complicated

Tuesday, October 28, 2014 - 03:18

The U.S. International Trade Commission thinks it can regulate internet traffic, but the tech lobby begs to differ. Reynolds Holding and Richard Beales consider the ramifications.

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US intellectual property laws have enough trouble keeping up with changes in technology. Now we have one particular enforcer of those Lewis ran it seems to be making the issue even Honda. Lots probably international trade commission right a lot of words were very very simple concept it's the commission that keeps us says whether. Things that violate the law can be important for the country rent one of the things that deals with are things that infringe patents and other intellectual property. I phones Smartphones if there's that can stop them from being imported if there's some patent violation right so if I try to bring something in. That's a violation they can say exotica ensued for the ITC IDs and not a violation can bring that it that it seems that keep it brought it seems pretty clear that overlooks the problem but there's this one cases in that raised this interesting question which is what he'd do it. Adam what do you do with models of threatens. That you know a lot of stuff has moved over the Internet a lot of stuff has my email electronically to. Is that can be ITC can write that stuff from cross clinic to order the kind of so how how does it and escalating the case was talking about his. Actually vote them physical model t.'s right that you know braces right up you know tee straight rest stuff you know. They senders of the in this company that has the stuff designed in packets Pakistan. Has it a model made of it and digitally imported into the US from manufacturer in Houston. It's why also hate that violates my patents I wanna go to the nineteen stopped from coming in. And the book that's supposed violators of woman I know what to data it's not an article statute for the ITC says it can keep up articles. Things Smartphone stuff he can touch and roll. Data that's also the IDs is saying actually know now what I signed well you know somewhat size now everything's on the Internet now I mean you're saying we can we all of the power of course we do we can we can do this we can figure this out city he's he's just basically broaden our it and broaden its remit and it's gotten in trouble. Four I mean that's what he'd go what we see you over have been court they're strict rules on when you can block that the alleged violating being right. Within injunction. BI TC isn't subject to those rules so long lot of companies that will the courts are too tough for go to the RTC. Patent trolls but the companies that don't may write anything that hold the rights that things are going to be ITC just a block stuff and and X essentially extort. A settlement. So it's too easy it's become a loophole in itself. But to get around quarter to give me I've got to get right get around the laws that are made in congress that the big picture in those days and uninteresting one relating to the Internet. Itself throttle on this articulate you have you have Google you have eBay you have a slew of Silicon Valley companies that wickedness. You're telling me be the ITC is going to be the rules on the Internet I mean this is runway to real. We can't have this that joined together they think that they file date that he briefed. On the field before or the US Court of Appeals in Washington and set up. Very very least we have to define what the ITC can do it can't possibly doing what it thinks it can do because that's gonna write basically. You know delay in clog the Internet that's the big picture question. All right we'll leave that rent thinks that just another example of the Internet technology getting ahead of the low. And we will have more breaking news for you tomorrow.

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Breakingviews: Patently complicated

Tuesday, October 28, 2014 - 03:18