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TVInews - 102 - BlackBerry Pays NTP, $612.5 Million for Wireless Infringment Loopholes, Missteps and Payment time for Patent, Copyrights and Trademark owners. Does a ® © symbol mean anything? U.S. Constitution 5th Amendment - NBS100 TELECOM STUDY - EXECUTIVE SUMMARY Regulatory Missteps / Charles Portz / Google wins
Hong Kong Triad /
Since the early years of 1900s, when the patent law was changed to better serve the owner and consumer of ® © symbols, the lingering question comes once again from those owners of a wireless related asset, controlled by a patent and trademark. BlackBerry supporters say their right to use their "BlackBerry," was just about seized by the U.S. court system, making their WiFi unit, usless.
BlackBerry's owner, Research In Motion Ltd., prevented the shut-down when RIM agreed to pay NTP Inc. -- $612.5 million in a "full and final settlement of all claims." The settlement is on the low end of expectations, said the supporters, especially since RIM will not have to pay any future royalties.
"Why," says (RIM), "should the U.S. Patent and Trademark Office, and court system be allowed to act in such bizarre ways, to take away rights of the inventor and user? They use a set of circumstances devised by government agency's, like the Patent and Trademark Office, ICC, FTC and the FCC, -- that threatens millions of American customers and owners in the first place."
Judge James R. Spencer expressed impatience with RIM during the trial, and urged a settlement. "He basically questioned the sanity of RIM and said it wasn't acting very rationally," said Rod Thompson, patent attorney at Farella, Braun and Martel in San Francisco. "His prodding of the parties worked."
As for some of the scenarios played out by the court during hearings, several government agency's were asked for opinions. "The FCC was asked to investigate the question on, who paid for the RF frequency rights RIM was using to send their WiFi work-product over? They were questioned as to whom authorized them to use the RF spectrums not assigned to them, as well as the authorization to broadcast and redistribute published copyrighted printed materials, that did not belong to them," said a spokesman, who asked his name not be used."
The FCC's supporting role in this case was brought up by both parties to the action. While NTR brought up the unfairness of the FCC in bringing up and publicizing the consumer complaints filed against Disney and COMCAST, involving the sales of so-called a la carte channel vs "package" sales, were said to be quite unusual. As for the $27-billion sale of RF spectrums by the FCC since 1996, to help pay the "just compensation," due the heirs of the original inventor of the Wireless Telephone and RF spectrums, had mixed thoughts.
The wireless telephone and RF spectrums were seized by government regulatory agencies during the First and Second World Wars. Both parties questions the agency's reasoning as to "why," they were avoiding the "Payola, Whistle Blowers, and Homeland Security, sedition law investigations, when since, 2005, six broadcasters were fined a total of $355,000 for several simple indecency violations."
NTP Inc., just a small Virginia-based firm, beat the larger (RIM) company in the infringement suit. The settlement averting a possible court-ordered shutdown of the BlackBerry system and a disruption of wireless service for millions of users. Before the $612.5 Million Settlement, there were talks of NTP receiving a stake in the RIM BlackBerry company.
Part 02 / The U.S. CONSTITUTION - Amendment V (5), -- states amongst other things that: "No person shall . . . be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Eminent domain lets governments acquire private land for public use, as long as the former owners receive "just compensation." The lawsuit was dropped after other families agreed to sell for a higher price.
STATE OF NEVADA law was reinforced by adding: -- nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation having been first made, or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made. MORE INFO ABOUT U.S. CONSTITUTION - Amendment V -
PATENT SEIZURE QUIRKS -
"After studying the Government missteps and seizure of the RF spectrums taken for public use from the inventor and patent owner of the wireless telephone, without just compensation," says Charles Portz, lead attorney for NBS100, "we here at NBS100 share the concerns of the FCC and NTR, and not BlackBerry and the Radio Stations. They both got off easy!" - FOR MORE NBS100 $30-billion FCC Claim CLICK.
Not only does the Patent office act as a national public depository for the U.S.A., which accepts, approves and holds the patent asset belonging to the inventor and owner(s), in perpetuity, but it is also is the national public depository for trademarks and copyrights, acting in the capacity of a fiduciary.
In cases, such as in the NTR, RIM and in the NBS100 asset controversy, the only place to go to seek an accounting and originality of the patent asset is the Patent Office. If after the asset was seized and/or sold by an Act of the U.S. Government or court judgment, Portz points out, that there are a few options left open to help win his clients' claim. "One of the possibilities," says Portz, "is enjoining his clients as parties of interest in the property asset seizure case just filed on March 3, 2006, in New York, against France.
The fresh lawsuit seeks damages from the French government for property seized and lost by 75,000 Jews and others. It contends that prior to and during World War II, France established and ran holding camps where Jews and others were held under Home Securty Sedition laws.
Once incarcerated, the victims were forced to turn over their property, including bank accounts, insurance policies, patents, trademarks, artwork and other valuables, before being transported to death camps. "France's national railroad, which transported the victims, and the national public depository of France, who accepted and held the plaintiffs' property are all defendants, in the lawsuit said," said Portz.
The plaintiffs are seeking an accounting of the property and repayment of money allegedly earned through fraudulent means. They are also seeking restitution and compensatory and punitive damages.
Portz says it's obvious that the only case that has similarities in this French property seizure case is the NBS100 claim. "Unlike the NTR and RIM case, the French case is not for infringement, and neither is the NBS100 claim. They seek damages for fraud, gross negligence, and the collection of a debt for property assets seized by the government, without payment, all in violation of the U.S. CONSTITUTION (5).
The 5th Amendment states amongst other things that: "No person shall . . . be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Cit: Claims Resolution Tribunal vs Swiss banks 2005, in Brooklyn, N.Y., federal court. Swiss Banks Payback Jewish Clients From $1.25 billion to Holocaust victim Fund, and Florida case; 2001 Survivors sue U.S.A. in U.S. district court in Miami in May 2001. See $30-billion FCC Claim
Copyright law is already too far-reaching, particularly in the U.S., where many works are automatically protected for 70 years past the author's death. Perhaps the most important limit on that protection is that it does not apply to facts, ideas or theories, just expressions of them. Although the line between ideas and expressions can be blurry, it should be clear enough to let novelists and filmmakers build their fiction on a foundation of history -- real or theoretical.
Government Regulatory of Seizures
"Quite frankly, I just think it's wrong to take away anyone's private property, especially if consumers are involved, like in the BlackBerry case," said Troy Cory-Stubblefield, head of NBS100 Study of Government Regulatory Seizures. "Forcing RIM to sell or give the BlackBerry wireless technology back to NTP, without proper payment, would have taught a few lessons to those governments who seized assets, without payment. Judge James R. Spencer acted very responsible in the case."
"Eminent domain is very important, and most supporters know we wouldn't have the interstate highway system if we didn't have eminent domain, but at least that's public use, which is what our constitution intended. But, what exactly defines public use has been a matter for debate," Portz said.
Not only does BlackBerry, Google, Yahoo and the rest of those folks in the world of the Internet business, have concerns about taking and repeating something published on the Internet, or expressions they heard from their college professors is nonsense.
When's the last time you heard of a legal book publisher suing a lawyer for stealing citations from their books. It's a requirement. Indexing the subject matter for students, researchers and users of the Internet is a requirement for good Googlizing.
In regards to the NBS100 claim, NO ONE OWNS THE FACTS ABOUT THE HISTORY OF RADIO, OR ACTS OF CONGRESS," said Portz, "only the expressions of Nathan B. Stubblefield's drawings and the work product of his inventions are still owned by NBS. As for the acts of Congress, it's public domain, the moment it's enacted.
In the U.S., copyrighted works are automatically protected for 70 years after the death of the author. "The law does not apply to facts, ideas or theories, "just expressions of them," says Portz. Although the line between ideas and expressions can be blurry, says Portz, "it should be clear enough to let novelists and filmmakers build their fiction on a foundation of history -- real or theoretical, that why a submission to a story should include, I reserve the right to the story and story idea for compensation."
March, 17 2006 / A federal judge has dismissed a lawsuit alleging that Google Inc.'s Web search systems infringe a publisher's copyright, a minor victory for the company, which faces numerous suits charging that its services trample the rights of authors.
The 11 claims against Google had included accusations of copyright and trademark infringement, invasion of privacy, negligence, racketeering, abuse of legal process and civil conspiracy, court documents said.
Surrick found that Google was protected by an exemption to the Communications Decency Act for on-line service providers acting as an automatic re-distributor of published material. CLICK MORE STORY
In the days since Research in Motion (RIM) announced a final settlement agreement that ended a lengthy and complex patent battle, we have witnessed an outpouring public relief and excitement. We have also heard broad concern expressed about a patent system in obvious need of reform. Who knew that patent litigation and the subject of patent reform could ever become such mainstream topics of conversation?
Of course, the most significant result of our settlement agreement is to address customer concerns and unambiguously remove any perceived threat to the BlackBerry® service. Although we were prepared with contingencies and would have never let the BlackBerry service shut down, we are nonetheless pleased to put this matte behind us and remove any uncertainty from customers' minds.
You can rest assured that BlackBery is here to stay.
As to the lingering question of why the patent system should allow such bizarre set of circumstances to threaten millions of American customers in the first place, we share your concern. The good news is that this topic is currently receiving much more attention from policy makers and the Supreme court and we hope the patent system will evolve to close the loopholes and become more balanced.
As we close this chapter, we extend our sincere gratitude to all BlackBerry customers, partners and other supporters for your patience and loyalty. Your support and passion for BlackBerry is an inspiration to thousands of RIM employees as we continue to move forward in leading this market and pouring our hears and minds into innovation and customer service. We have all seen the dramatic benefits that came as a result of the wireless revolution over the last decade. At RIM, we thing this is just the beginning. BlackBerry is a full-blown platform supporting a wide array of wireless applications for business, government and the mobile lifestyle. We are thankful to be pioneers in such an exciting industry and we are committed to keeping innovation, partnerships and customers central to our vision and culture at RIM.
Once again, thank you for your support and we look forward to a very bight future together.
Publisher/Editor TVI Magazine
TVI Magazine, tviNews.net, YES90, Your Easy Search, Associated Press, Reuters, BBC, LA Times, NY Times, VRA's D-Diaries, Industry Press Releases, They Said It and SmartSearch were used in compiling and ascertaining this Yes90 news report.
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