Category: Off Topic

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Danie Roy

What is invention? When you’re in elementary school, it’s a solution to a problem. As you get older, you realize it can also be a better solution to a problem. Even older, and you simplify down to just “innovation.” But what is innovation? I would argue that it is staying above or driving the technological curve. After all, building a better mousetrap is nice, but cyborg mice is just so much more interesting! (Plus, EMP guns would make the best moustraps, then!)

I bring this up because there seems to be a big freakout about copyrights and 3D printers.  The freakout should really be about patents and 3D printers, and, honestly, I don’t know why there’s not more excitement than doomsday predictions.

Yes, that bunny was made by that box.

Before I get too far into that, I should probably explain the hype about 3D printers. This is a fairly new technology that is pretty much what it sounds like: a printer receives a series of 2D patterns to build up a material that is printed – that is, applied in layers – until a 3D object is formed. All things considered, it is probably the least wasteful modeling technology, but, like I said, it’s still new. It’s really slow, not yet universally affordable (especially the printing materials, which range from $7 to more than $300 per pound), and not yet perfect at what it does. That said, the technological curve is exponential: the technology will be there soon.

The freakout is happening because people think that now, with things like Pirate Bay’s physibles, bootleg items will start popping up left and right. Copyrights groups are shouting anarchy, trademark holders are squirming, and patent holders are giving the death glare. Allow me to explain the implications for patents (because, you know, patents is what I do):

“Eventually you can print your own bootleg crosstrainers” is a comment that has been thrown around a lot. This particular example is a long way off, however, as a 3D printer having 2 different material cartridges is currently a big deal. Single-material shoes, on the other hand, such as, say, Crocs, (which have many patents on them, by the way) need to be more on the lookout. These can (and likely will) get copied and printed with the current technology.  It might currently be cost-prohibitive, but someday soon, it may not be.

Design patents are suddenly way more valuable again. Personal use or not, if you print out or distribute a patented design, you are DEFINITELY violating the law and will likely get your freshly printed pants sued right off of you. We may not be too far off from printing more complex items covered by utility patents, either.

So what can you do? There is going to be a demand to print what you have, how can you protect your rights? Simple: get ahead of the curve.

This actually is a great opportunity. The geeks might as well be screaming at you “hey, this is a potential market, shut up and take our money!” The thing about geeks, especially early adopters, is that they are really proud of their new technology. In some cases, they’re willing to pay a little extra to showcase it. So, let me walk you through an idea to ride the wave of technology instead of aimlessly drowning in it.

Sell licenses to designs. Find a way to watermark the files so that they are more difficult (or impossible, if you can swing it) to copy, and sell them online. Sell kits, even! Material cartridges and a drive with files on it, for example (or a redemption code). To go back to the Crocs example, the early adopting geek will be more than happy to buy that design and print it, if for no other reason than to show off what their technology can do. You need to make a 3D design at some point anyway, right? Plus, if your consumer has those awkwardly-sized feet, they can have a pair that fits, while the manufacturer doesn’t have to make special orders, and the salesman isn’t stuck trying to explain why they won’t sell half a pair of shoes.

How to do it? Make an online market. If you don’t move to profit off of your hard work in a market that wants it, someone else will try to.

“Those whippersnapper pirates will try to steal it anyway!” you object. “They all want to get something for nothing!” I won’t lie to you, some people are going to try to steal no matter what you do, but there will always be an honest bunch who genuinely want to compensate you for what you’ve done. If you don’t offer what they want, however, that’s where things get sticky. An ounce of prevention is worth a pound of cure here.

Knows their audience.

Take the My Little Pony phenomenon, for example. When Hasbro released the 4th generation of a children’s show meant to market pony toys to young girls, they had no idea that the plot and characters would charm an audience that was nowhere near their target demographic. Keep in mind, the actual demographic for this show is pretty close to the demographic that would buy a 3D printer. Hasbro wasn’t ready to deal with this phenomenon, but they quickly adapted: ponies that started to look more like those portrayed on the show were offered for sale, episodes were made available on iTunes, and consumer loyalty was promoted. The company even went as far as giving a fan favorite background pony the name fans had bestowed on it. Once boxed sets of the show were available, “bronies” started buying them. Same goes for iTunes episodes and show-accurate toys. Sure, you’ve got a few people who will continue to download lower-quality versions of the episodes, but most fans are content to either watch their Saturday morning cartoons or buy the iTunes version… or even wait for the episode to get posted online by the company that airs the show!

No, the market will not always stay the way you like it. Occasionally, however, it will tell you exactly where it’s going and how to exploit it. Some will always steal, but there’s very little you can do about that. Adjusting what you offer to capture those who are willing to pay, however, is something you CAN do… so do it. Minimal effort for high profit is a great business strategy, after all.

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Danie Roy

Before we begin, I’d like to make some statements that you may remember from when I discussed embryonic stem cells: this article is largely meant to be informative, although it is very difficult to stay completely unbiased when I am informing you about the opinions of other people. I apologize in advance if my own opinion shines through too brightly, largely because this seems to be an issue that is polarizing people more than stem cells ever could. Add the previous sentence to the list of things I never thought I’d say. Then again, this is the internet.

By now, you’re probably aware that you can’t access Wikipedia or Craigslist as you normally would. You’ve gone to see teh lolcats or hang with your bronies, and you’ve been greeted with a popup begging you to take action. The Google doodle is now a black box. Even the news stations are talking about the sites going down. What’s going on? Just a preview of what could happen if SOPA and PIPA pass in their current forms.

SOPA and PIPA are bills in the House of Representatives and Senate, respectively, that were intended to stop online piracy from overseas sites like The Pirate Bay. Currently, nobody can touch The Pirate Bay, as evidenced by their response letters (or, as Scott called them, f/u letters). The language of the bills is entirely too broad, however, and reeks slightly of “did not do the research.” For instance, you don’t have to infringe to be taken down, you just need to be capable of infringing: that is, have a comment box, text, links, a link to someone else’s link, etc. And you may be guilty until proven innocent.

These are popping up everywhere today.

I’ll be the first to admit that most people have no idea what’s going on in Congress most of the time. I personally would rather read image file wrappers, watch paint dry, or have a root canal than watch C-SPAN. It’s boring, and in a language called “legalese.” Great for curing insomnia, though.

Before I get too far into this, I’m going to be perfectly clear: I am FOR protecting intellectual property. I’d be an out-of-work hypocrite if I wasn’t; protecting intellectual property is my job as a patent agent. However, I personally believe that SOPA and PIPA can’t protect intellectual property in their current forms.

Here’s why people are protesting and your favorite sites are dark:

  • A site does not necessarily have to infringe to be taken down. A site that could infringe, in other words, has a comment box, links, or any upload capability, can be targeted.
  • If you’ve been accused, there is no real defense: you’re assumed guilty until proven innocent, and the bill makes proving yourself innocent extremely difficult. In order to be innocent, your website must not have the functionality to infringe; which of course, all websites have. So, you’re either infringing or you’re perjuring yourself. Take your pick.
  • Takedowns are incredibly easy to initiate. The RIAA already has a history of using questionably ethical legal tactics to take out legitimate businesses. Imagine what they can do with SOPA and PIPA on their side.
  • Ever posted anything to any website? YouTube, ICanHasCheezburger?, even Facebook? Yep, you’re a potential target.
  • Ever used Gmail, Yahoo! mail, or AOL mail? Same deal.
  • Fair use will be practically considered obsolete… and ignorance will not be a defense.
  • Anyone working for the government (like our wonderful Congresspeople) is immune from the consequences of violating SOPA and PIPA.
  • The link I posted to the f/u letters? That could be a violation of SOPA/PIPA, due to The Pirate Bay’s unsavory activities.
  • Earlier versions (and possibly later versions) allowed for destabilizing the infrastructure of the internet in order to “protect” IP. That is, addresses could be removed from the universal internet lookup system, DNS, which would make site spoofing that much easier… hello viruses and stolen personal info!

To quote a godly entity, you “should pretend like it is a big deal, because it is.” Whether you’re for or against SOPA/PIPA, you really need to speak up about this issue. It affects the internet as we know it, and it affects intellectual property, too. If you’re like me, you’re for protecting intellectual property, but against seriously inhibiting the free flow of the internet.

To read more:
Tim O’Reilly’s thoughts (with some from Nancy Pelosi)

Wikipedia’s two working English pages: SOPA and PIPA

LA Times: Three congresspeople drop support, including FL Senator Marco Rubio

PCWorld’s rather factual take

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By Daniel Davidson

I remember the day i won an award from the President.  Yes, it included a shuttle run and various other physical activities, and was presented to me by my PE teacher, but I still won an award from him!  Albeit, the Presidential Physical Fitness Award is not quite the award that is presented annually to the leading innovator of our country, however, it is an award from the POTUS.

All kidding aside, it has come time for nominations to be submitted for the National Medal of Technology and Innovation.  This medal is given to the individual, company, or group that has made the biggest contributions to America’s economic, environmental and social well-being through their inventions and/or innovations.

Currently, the U.S. Patent and Trademark Office is accepting nominations for the award, and information on the nomination process and a nomination form can be found here.  Some of the guidelines include:

  • No self nominations.  They will be rejected.
  • You can nominate an individual, a group (up to 4 people), a company, or a division of a company.
  • Governmental agencies and laboratories are eligible.
  • Finalists are subject to FBI background checks (I would only be worried if the Florida Bar was conducting the background check).

Now that you are up to speed on how to go about nominating someone, or “something,” here are some notable winners:

  • 1985 – AT&T Bell Laboratories – For contribution over decades to modern communication systems.
  • 1985 – Apple Computer, Inc. – For their development and introduction of the personal computer which has sparked the birth of a new industry extending the power of the computer to individual users.

Here is to the next recipient of the National Medal of Technology and Innovation.  Cheers!

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By: Mark R. Malek

2011 was a great year for us at Zies Widerman & Malek, both from a business perspective and a community/family perspective.  I’ll keep the business side short.  The biggest thing that happened for us is moving into our new space in Melbourne, Florida.  The firm outgrew the old office (four offices) and the new space (seventeen offices) more suits our expansion needs.  The intellectual property team of Mark Malek, Philip Zies, Scott Nyman, Mark Warzecha, Gene Quinn (founder of IPWatchdog) and Danielle Roy filed a record number of patent, trademark and copyright applications on behalf of our clients.  Several articles were posted to TacticalIP.  The assumption must be that the articles are well written and contained great information because traffic to TacticalIP has skyrocketed (12,553 visits from September 1 – December 30).  Aaron Thalwitzer, Daniel Davidson and Rene Dial have been instrumental in the success of TacticalIP, and they are thanked.

From a community perspective, the firm was extremely active in supporting many wonderful causes throughout the year.  Without a doubt, the most fun we had as a firm was when we participated in Brevard County’s Corporate Dodgeball Challenge as the Lethal Litigators.  Unfortunately, we did not bring home the win, but with some additional training, we will take down many of the other teams, including our arch-dodgeball-nemesis, Craig Technologies, in 2012.  The firm also supported many charities.  Please take a look at our community page for more information on some of the groups that the firm continues to support.  We encourage all of you join us in supporting these great causes, either through volunteer efforts or financial donations.  Of note this past year, the firm sponsored and attended events for The Scott Center for Autism Treatment, Junior Achievement of the Space Coast, March of Dimes, Brevard Symphony Orchestra, Epilepsy Association, and the Space Coast Early Intervention Center.

On the personal/family side, the firm, and many individuals within the firm, enjoyed much prosperity.  We all loved attending Rene Dial’s wedding in early October, and Mark Warzecha’s wedding just a couple of weeks after that.  We wish both of you all the best as you endeavor on the great adventure!  We were also glad to hold our first annual Zies Widerman and Malek family picnic.  It was a bit hot, but a great time for all of us to get together with our families.  We also enjoyed a wonderful holiday party at Silvestro’s in Cocoa Beach this year.  The firm welcomed Danielle Roy as a Registered Patent Agent, and congratulate Mark Warzecha (already an attorney registered in New York and Indiana) on passing the Florida Bar.

The above is just a little bit of the success that the firm experienced over the past year, and we look forward to 2012!  Thanks to all that made this happen.

 

 

 

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By Daniel Davidson

I am sure everyone has starved themselves to the point of near collapse in anticipation of the Thanksgiving Holiday Weekend.  In the name of Pilgrims, Indians, and giblets, I have scoured the patent database for some festive patents to share.

To begin, I am providing a design patent for the shape of “ham.”  Ladies and gentlemen, this is no spiral ham, but what a beautiful ham it is.

On to course number two.  For all of those that like to work for their food, our next festive patent is for an apparatus used to carry your wild turkey.  This patented “turkey tote” includes a “blood-proof bottom pouch, No-See-Um mesh drawstring bag top, and a shoulder harness.”  Dinner is served.

Ohhhh dessert.  If you have any room left, this next patent is used to make those perfect overlapped pie crust tops.

Tactical IP would like to wish everyone safe travels this holiday season and to remember what you are thankful for.  For me, I am going to be thankful to be at the Miami Dolphins v. Dallas Cowboys football game.  Cheers.


WEDNESDAY, FEBRUARY 22, 2012

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