Posts Tagged: "netflix"

On August 1st, Fort Myers, FL-based over-the-top (OTT) Internet television provider WhereverTV filed a suit alleging patent infringement against Philadephia, PA-based telecommunications conglomerate Comcast Corporation. Despite the fact that Comcast is headquartered in Pennsylvania and the inventor listed on WhereverTV’s patent resides in Pennsylvania, the complaint was filed in the Middle District of Florida, a district which has been growing more attractive for parties filing patent infringement suits.

Congresswoman Lofgren seems quick to forget that she was one of the original co-sponsors of the Innovation Act when it was introduced into the House back in February 2015. Had the Innovation Act passed, it would have required patents challenged in IPR proceedings to be construed in the exact same manner that a district court would have required in a civil action to invalidate the patent. So, it seems Lofgren was for the Phillips standard and eliminating BRI before she was against it.

In early February, a copyright complaint was filed in the Southern District of New York against comedian Jerry Seinfeld and a series of companies involved with the production and distribution of the web series Comedians in Cars Getting Coffee. The plaintiff, director Christian Charles, claims that he created the proof-of-concept and pilot episode upon which the web series is based and that he has been shut out from the production, profits and royalties in violation of his copyright.

The lawsuit is the latest example of content creators chasing down a third party that does not directly infringe content but rather facilitates infringement through a combination of its own hardware and third-party software… Currently, the increasingly proposed solution for safeguarding digital information is blockchain technology. Blockchain is being implemented in various industries to solve inefficiencies in areas from identity protection to supply chain management… To understand blockchain technology as a potential solution to the problems posed in the digital rights management space, one must first understand what the technology is and how it operates.

Without the FCC’s ability to regulate ISPs under Title II common carrier regulations, there have been fears that ISPs could create bundled mobile packages such as are seen in Portugal, a country without the same kinds of net neutrality regulations which were seen in the U.S… And here, we return to the example of erstwhile Jedi knight Mark Hamill. Hamill’s viewpoints on the subject of net neutrality, specifically that FCC Chairman Pai is only acting in service to rich corporations, evidence a great lack of understanding of the net neutrality regime set up under former Chair Wheeler. It’s interesting to note that Hamill essentially sides with Google and the rest of the tech ruling class, companies which have much larger market caps and subscriber bases than the ISPs being regulated by the FCC. Those well-heeled members of the tech ruling class are the same ones that couldn’t be charged for their excessive use of bandwidth; that would be paid prioritization.

This August, The Walt Disney Company (NYSE:DIS) announced that it will be releasing two large Netflix-like streaming video services which will both be available in late 2019 according to a report from The New York Times. One of the networks that Disney intends on creating will offer movies and television shows from all of Disney’s holdings, including the Star Wars franchise produced by Lucasfilm. On the other streaming service there will be a focus on providing sporting events produced by ESPN. In its first year, the ESPN streaming service will broadcast a reported 10,000 regional and national sporting events including baseball, hockey and college sports.

The Federal Circuit decision in the case of CRFD Research v. Matal resolves three appeals involving a single patent: CRFD’s ‘233 patent describing methods and systems that allow a user to begin a session on one communication-enabled device and transfer it to another… Lack of anticipation based on a single reference does not preclude a finding of obviousness based on the same reference. Even if a reference’s is insufficient for anticipation, which is a question of fact, that same reference teachings may be used to find obviousness, a question of law based on underlying factual findings.

Lost in all of this rhetoric over Chairman Pai’s supposed interest in limiting Internet access for Americans are the activities being overseen by Pai which are in the service of restoring Internet access to victims of natural disasters. On October 3rd, the day after Pai was confirmed for his second term, the FCC announced that it would make up to $76.9 million in funding available to aid in repairing wireline and wireless communication networks to restore communications services in Puerto Rico and the U.S. Virgin Islands, two U.S. territories which have seen incredible infrastructure damage caused by two major hurricanes in recent weeks. The tech media world’s desire to cast FCC Chairman Pai in the least favorable light possible means that, while the net neutrality issue gets a great deal of coverage from the likes of Ars Technica, The Verge and CNET, the announcement on funding hurricane repairs to restore Internet access barely gets any coverage because it doesn’t fit a narrative. Outside of Reuters and Engadget, American news consumers would be hard-pressed to find details of that initiative.

Narcos, the popular Netflix drama about one of the world’s most notorious drug lords Pablo Escobar, is currently at the center of a trademark dispute that has been brought back into headlines after almost a year. Roberto De Jesus Escobar Gaviria, brother of legendary drug lord Pablo, has requested $1 billion from Netflix for what he believes are major IP violations. Escobar cites “mistakes, lies and inaccuracies from the real story” in the first season as the reason for his request in a letter obtained and published by TMZ.

The Facebooks, Googles and Netflixes of the world, edge providers that provide Internet services via websites but not an Internet connection like ISPs offer, have every reason to support the current net neutrality regime at the FCC because it benefits their bottom line, preventing ISPs from charging them for the incredible amount of bandwidth which they eat up. Proponents of net neutrality have presented the debate to the public as the individual consumer versus the larger ISPs, which has been successful in increasing regulations for ISPs having much smaller subscriber bases and lower market capitalizations than edge providers. While ISPs are prevented from zero-rating, or offering digital content for free to subscribers, under the current net neutrality regime, Facebook and Twitter are increasingly offering live sports broadcasts for free to their users.

In the suit, Nye alleges that Buena Vista Television entered into an agreement in March 1993 to promote, market and distribute the Bill Nye the Science Guy television series. That agreement entitled the owners of the show to 50 percent of the net profits divided four ways, leaving Nye entitled to 16.5 percent of the total net profits earned by the show… Nye first became suspicious as to whether Buena Vista was upholding its end of the agreement in July 2008 after Buena Vista informed Nye they had made a mistake in calculating a participation payment sent to Nye that April; instead of earning $585,000 in net profits, Nye then owed Buena Vista nearly $500,000. Since that July 2008 statement recalculation, Nye alleges that Buena Vista ceased making participation or royalty payments, claiming that Nye first had to repay the $500,000 before receiving future payments. Nye’s suit specifically notes that Disney failed to act in good faith to resolve the dispute when counsel contacted them about the issue.

Roku offers 5,000 streaming channels through its Channel Store and, to help consumers find interesting content more easily, it has developed a channel-targeting technology protected by U.S. Patent No. 8627388 titled Method and Apparatus for Channel Prioritization. This patent protects a method by which the maximum amount of channels that the client device can use are filled with available channels of targeted content, usually based on the most popular channels or those channels which are accessed most often by the client device. The increasingly large amount of data, video, audio, and gaming options that Roku users can choose from makes it harder for the user to find favored content from a desired content provider. The problem is exacerbated by the different ways a user can access content such as renting, buying or subscribing to content. The method this patent protects manages content in a streaming media environment and runs a preloaded channel in the background to reduce lag.

The idea of brand value is evolving. Trademark lawyers must be concerned with everything that contributes to the protection of a brand, not just its trademarks. Protecting a brand now includes a number of issues that were simply not relevant to the role twenty years ago, such as: trademarks in domain names; the use of trademarks online; trademarks used in social media handles; and trademarks being mentioned in general online commentary.

On Thursday, December 15th, Dish Network (NASDAQ:DISH) subsidiary and over-the-top (OTT) television delivery service Sling TV unveiled a new cloud-based digital video recording (DVR) technology. Customers using Sling to access live television programming can store up to 100 hours of content including full-length movies, single episodes and entire television series. Automatic deletion of oldest-watched content and simultaneous recording options are also included with the service. Sling’s cloud DVR service appears to only be available to customers accessing Sling through Roku devices in this first rollout of the program and the DVR service only works with certain channels.

Now with smartphones always-on and within reach 24/7, the way businesses need to communicate information to customers is through their mobile devices. And statistics show that the preferred method for reaching customers by their phones is via text message. For example, 70 percent of customers say texts are a good way to get their attention, and 90 percent of customers will open a text message within three minutes of receiving it, according to mobilesquared, an industry analysis firm.