Developing Decent Digital Distribution Solutions

A couple of press releases recently caught the Ippers' attention.  Two groups are each working to ensure that fans get their digital music and artists get their money, but they're working from different angles.

Getting the Infringers to Fight Infringement

Freshman at Vanderbilt University in Nashville, TN, politely called "first-year students," are developing a new distribution system for the music industry.  The project is part of a seminar called "Stealing in Music City."  In addition to their own perspective as the ones trying to get the music, the students will have the input of various industry stakeholders and experts, including Alice Randall and this Ipper's own copyright professor, Steven Hetcher.  Hopefully the students have some very interesting and viable ideas.  The class will present its three solutions in class next week Tuesday.  Ip's What's Up will let you know when we hear about any of them.  (Full press release.)

Europe Re-Evaluates Collective Management

This week, WIPO is also looking at the affect of the digital age on music distribution.  The Conference to Examine Future Development of Collective Management of Copyright and Related Rights in Europe meets this week Monday and Tuesday in Brussels.  The 400+ participants are listed to include: "collective management organizations, lawyers, academia, intergovernmental and non-governmental organizations, developers of digital technology and services and creative industries."  Where are the users?  Looks like the student group at Vanderbilt might be smaller but more comprehensive in its stakeholder input. (Full press release.  Conference Info.)

It's great that collecting rights organizations in Europe are engaging in discourse about the changes in the industry and the role they can play in facilitating positive developments.  Some other countries could use a few good collecting organization conferences, especially in the developing world.  (Africa, the Middle East, India.)

The Uncertain Future of Business Method Patents

This is an unscheduled News Update post.

Yesterday, the Court of Appeals for the Federal Circuit affirmed the denial of a patent for a business method of risk management relating to changes in energy costs.   The court ruled that in order to qualify as patent-able subject matter, a process must meet both parts of a two-part test (displacing the State Street "useful, concrete, tangible" test):

1. "tied to a particular machine or apparatus"
2. "transforms a particular article into a different state or thing"

There's plenty of coverage on the blogosphere:

Some US opinions seem very excited and optimistic for the downfall of business method patents: Techdirt and TechCrunch.

One British point of view seems a bit calmer; no point in getting excited until the case gets to the Supreme Court: The Guardian.

PatentBaristas gets down and dirty with the nitty gritty, including some court vs. legislature banter.

A rather in-depth look at the court's opinion is available at Patently-O.

And, if you're really interested, you can check out the whole opinion.

 

It will be interesting to see how the case affected the patent auction in Chicago yesterda, as well.  From the looks of IP Finance's report, the case shouldn't cause too much of a tidal wave in the area of IP trading.

Treaty Updates

With the close of the WIPO Assemblies this week, there is a lot of news regarding treaties coming out of Geneva.  In addition to our regular post, Ip's What's Up presents this brief recap of recent developments.

General News

• Mr. Francis Gurry was appointed the new Director General.  (Read Ip's What's Up's review of his acceptance speech here.)

 

Treaties

• The United States ratified the Singapore Treaty.  This brings the total number of contracting parties to eight, just two shy of the ten needed for the treaty to enter into force.

 

• China extended two treaties, the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), to Hong Kong, effective today (October 1, 2008).

 

• The African Intellectual Property Organization (OAPI) accession to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs became effective on September 16, 2008.  Beginning on January 1, 2009, the treaty's provision for 90% fee reduction for LDCs will be extended to intergovernmental organizations with a majority of LDC members.

 

• Several amendments were made to the Patent Cooperation Treaty (PCT).  One set of amendments changes procedures in the international search system.  The other amendments relate to international application processing.

 

For a full report of these events and updates on the various committees, check the WIPO press release.