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(You
MAY need the FREE QuickTime
plug-in to view and hear s90tv) top top top top top top • 102 / Internet TODAY'S
PUZZLE? This
Week's
Cover
Dear Editor LookRadio • 120
PIXELS 3 columns 3.
Editor's Note
/
NO ONE OWNS THE FACTS OF
HISTORY. 4.
Related Stories A Message to
All BlackBerry Supporters More
Articles • Converging
News 122006 / TeleCom BuyOuts, Spinoffs and Asset
Seizure Boom Respectfully
Submitted top top top top top 40 40+110+570=720
- 102 smart90.com/tvimagazine/2006/12006/106BlackberryNBSClaims.htm/
Movies
CLICK
S90
Google
IMAGES
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1.
Feature Story /
Loopholes, Missteps and Payment time for Patent,
Copyrights and Trademark owners. Does a ™®
© symbol mean anything?
Hong
Kong
Triad
/
"Jockey Club"
RadioPlayMusic
•
•
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.
• •
•
BlackBerry
• •
•
www.blackbery.com
Josie
Cory
Publisher/Editor
TVI Magazine
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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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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.
• NEWS
Convergence - 12th Week of 2006 Winter
Issue
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Feature
Story / • 106BlackberryNBSClaims.htm
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