Weekly IP Buzz for the Week Ending June 5, 2020
In this week's post, we see how the Internet of Things has found itself even more relevant than before as it provides real-time data for analysis of COVID-19’s impact on economic health and supply chains.
Plus, a DMCA update may be necessary after 20 plus years since the Act was enacted. The Copyright Office report issued in May 2020 indicates that the balance Congress intended to create under the section 512 provision is lacking.
Internet of Things Provides New Insight During Pandemic
With COVID-19 ravaging economies worldwide, most news has understandably been focused on the destruction and death that COVID-19 has left in its wake. Yet some industries and technologies have found themselves striving during this crisis, becoming more relevant than ever before with the Internet of Things (“IoT”). In particular, IoT tracking devices have been able to provide new insight into how the virus is impacting certain industries in real-time.
For example, industries that rely heavily on container and fleet vehicles to ferry their goods across borders have been able to rely on IoT to track the impact that COVID-19 has had on overall trucking and shipment activity. By simply attaching IoT tracking devices to the truck or fleet vehicles, data can be collected in real-time. As such, not only do the IoT devices track the trade activity in specific geographical locations, but they can also track whether or not more fleet vehicles are being used overall. Vendors are able to adjust their shipments accordingly as they analyze the data sent back by the IoT devices.
This data can not only help the vendors at a micro-level, but it also allows for more analysis about COVID-19 at a macro-level. For example, if an area requires more goods than usual but has longer than normal transportation time, IoT tracking data can trigger analysts to look deeper into the affected location and determine whether COVID-19 is particularly active there and adjust the fleet vehicles accordingly. And at a macro level, data regarding emissions can also be tracked by the same IoT devices, allowing scientists to track and analyze the impact that COVID-19 has had on the reduction in carbon dioxide emissions globally.
Find the full article here.
Is the DMCA Getting an Update? The Copyright Office Reports on the Notice and Takedown System
After several years of studying data compiled from the public on the DMCA section 512 safe harbor provisions, the Copyright Office found that Online Service Providers (OSPs) and rights holders disagree on whether the notice and takedown system is working in a balanced manner for all. As such, the Copyright Office issued a report suggesting a DMCA update for the Act to better fit with modern times and technology.
The Copyright Office found that rights holders do not see eye-to-eye with the companies relying on DMCA safe harbor provisions to avoid liability for copyright infringement caused by third party’s using their platforms. In considering a DMCA update to the section 512 provision of the Act, the Copyright Office considered the difference in how OSPs and rights holders view the provision as “working” to combat infringement.
Read the full article here.
Click to read the previous Weekly IP Buzz on Thriving Attorney.
For more posts, see our Intellectual Property Law Blog.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.