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Intellectual Property Breakfast Club Examines IP Enforcement

WASHINGTON, May 16, 2011 – The Intellectual Property Breakfast Club last week featured a keynote address by Erik Barnett, Assistant Deputy Director at the U.S. Immigration and Customs Enforcement (ICE) and subsequent panel with industry experts, taking a closer look at administration recommendations to expand the scope of IP laws and increase certain penalties for infringement.

Barnett’s keynote focused on “Operation In Our Sites,” an ICE initiative that focuses on stopping Internet counterfeiting and piracy. The initiative seizes U.S.-based sites that provide illegal content via the web. Critics allege that the seizures deprive domain registrants of due process.

Intellectual Property Enforcement: Where Does the Law Need to be Updated?

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WASHINGTON, May 16, 2011 – The Intellectual Property Breakfast Club last week featured a keynote address by Erik Barnett, Assistant Deputy Director at the U.S. Immigration and Customs Enforcement (ICE) and subsequent panel with industry experts, taking a closer look at administration recommendations to expand the scope of IP laws and increase certain penalties for infringement.

Barnett’s keynote focused on “Operation In Our Sites,” an ICE initiative that focuses on stopping Internet counterfeiting and piracy.  The initiative seizes U.S.-based sites that provide illegal content via the web.  Critics allege that the seizures deprive domain registrants of due process.

Since June 30, 2010, according to Barnett, 120 sites have been seized by ICE, all of which were entirely commercial and profiting from trade in infringing goods.

Intellectual Property Enforcement: Where Does the Law Need to be Updated?

“These are sites… that are existing purely on ad revenue or subscription packages or sales or a combination of the three,” said Barnett. “Ultimately, they are purely violative.  We get a lot of questions about blogs, chat rooms, community forums – [we are] not interested; don’t have time.”

Barnett went on to note that Operation In Our Sites is intended to be one of several tools to prevent online infringement and that those from whom ICE seizes sites have several methods of recourse through the court system.

During the panel discussion, Jason Gull, a Senior Counsel, Computer Crime & Intellectual Property Section (CCIPS) of the United States Department of Justice, described some of the issues that occur with sites that stream content.

“There is not as a technical and factual matter, it is unclear whether we can show a violation of the distribution right or the reproduction right,” said Gull. “Part of this is a metaphysical argument about whether reproduction occurs in a buffer in a computer somewhere, but as a practical matter in court, it’s not clear that we can do that.”

Under copyright law, the content owner holds both the distribution and reproduction rights.  Individuals who reproduce or distribute copyrighted material without permission violate the rights of the content owner.

Chun Wright, an attorney who specializes in IP enforcement as well as Internet and technology law, described the difficulties associated with protecting IP.

“You’ll hear people in the enforcement world talk about it as a ‘whack-a-mole’ problem,” said Wright, “and it very much is, except the moles are on steroids and they’re mutating.”

M. Luisa Simpson, Executive Director of International Copyright Enforcement & Trade Policy at the Association of American Publishers, noted the changing face of infringement in the publishing world with the rise of new technology that is moving books and magazines increasingly online and onto portable devices.

“With the ubiquity of electronic reading devices that are now far smaller, lightweight, and easier to read, the scope of the piracy for our industry has grown,” said Simpson. “What we’re finding now is that there’re not just unauthorized digitized copies of printed books, but we’re finding the actual e-books, stripped of the encryption, can be downloaded onto these readers.”

David McClure, President and CEO of the US Internet Industry Association, cautioned against increasing penalties against enforcers rather than improving the means by which the current laws are enforced.

“I think is has to be recognized that the law enforcement agencies have to get a lot better than they are right now at the game,” said McClure.  “I don’t think any of the law enforcement agencies would disagree with this; they’re being badly outgunned.”

The panel further discussed issues of law enforcement’s effectiveness in prosecuting infringers, the rhetoric surrounding the debate on IP enforcement and, more generally, where to strike the balance between protecting content owners and protecting citizens from the overreach of government.

“When we’ve got valid legal process, we want to be able to obtain evidence,” said Gull, “and that’s critical not just in IP, but in all sorts of law enforcement issues.”

Jonathan began his career as a journalist before turning his focus to law and policy. He is an attorney licensed in Texas and the District of Columbia and has worked previously as a political reporter, in political campaign communications and on Capitol Hill. He holds a B.A. in Journalism from the University of Washington and a J.D. from Villanova Law School, where he focused his studies on Internet and intellectual property law and policy. He lives in Washington, D.C., where he roots for Seattle sports teams and plays guitar in his free time.

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Broadband Breakfast on October 20, 2021 — Get Your Share of $75 Billion in Broadband Grants with Broadband.Money

Providers of all sort can line up for their share of $75 billion worth of broadband grant funding.

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Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. You can watch the October 20, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Wednesday, October 20, 2021, 12 Noon ET — “How You Can Find and Win Broadband Grants through Broadband.Money”

Broadband.money makes finding and winning broadband grants easy for busy broadband professionals. In this conversation Drew Clark and Broadband.money’s Jase Wilson discuss how broadband professionals of all kinds can line up for their share of the more than $75 billion worth of broadband grant funding opportunities emerging over the course of the next year. Using a single application that unlocks grant funding from multiple programs in multiple states, the broadband.money app allows grant applicants to pinpoint underserved and unserved areas in their territory. Broadband.money even pairs applicants with private match funding sources where needed.

Whether you want to fuel your own network’s growth, prevent competitors from funding overbuilds in your territory, or learn how you can help your clients fund their network ambitions, be sure to reserve your pre-enrollment spot at broadband.money and don’t miss this must-watch special Broadband Breakfast Live Online!

Panelists:

  • Jase Wilson, Founder and CEO, Broadband.Money
  • Drew Clark (moderator), Editor and Publisher of Broadband Breakfast

Drew Clark is Editor and Publisher of Broadband Breakfast.

Jase Wilson is the Founder and CEO of Broadband.Money.

WATCH HERE, or on YouTubeTwitter and Facebook

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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Broadband Breakfast on Wednesday, October 13, 2021, at 12 Noon ET — On The Ground at Wispapalooza

At our October 13, 2021, event, we’ll discuss trends toward hybrid technology and government grants by WISPs.

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UPDATE: We’re taking a one-week break from Broadband Breakfast Live Online. Join us next week for our regularly scheduled program!

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Join Broadband Breakfast Live Online for Wednesday, October 13, 2021, “On the Ground at Wispapalooza.” Broadband Breakfast will discuss trends toward hybrid technology and government grants by WISPs. During our October 6, 2021, event, Broadband Breakfast also previewed the trade show.

Wednesday, October 13, 2021, 12 Noon ET — “On the Ground at Wispapalooza”

Wispapalooza 2021, which runs from October 11-October 14, 2021, is back, and it’s bigger than ever. The annual Las Vegas show of the Wireless Internet Service Provider industry, their partners and customers, brings together more than 2,000 WISP community attendees, more than 160 exhibitors displaying their products and services, and more than 90 panels with hundreds of experts helping the WISP ecosystem. Join Broadband Breakfast Editor and Publisher Drew Clark (also Of Counsel at the CommLaw Group and an telecom attorney to many WISP clients) as he interviews WISPS at Wispapalooza for a wide-ranging discussion of the issues and trends to expect from the wireless industry over the next year.

Panelists:

  • Guests have been invited
  • Drew Clark (moderator), Editor and Publisher of Broadband Breakfast

Drew ClarkEditor and Publisher of Broadband Breakfast, also serves as Of Counsel to The CommLaw Group. He has helped fiber-based and fixed wireless providers negotiate telecom leases and fiber IRUs, litigate to operate in the public right of way, and argue regulatory classifications before federal and state authorities. He has also worked with cities on structuring Public-Private Partnerships for better broadband access for their communities. Drew brings experts and practitioners together to advance the benefits provided by broadband. He is also the President of the Rural Telecommunications Congress.

WATCH HERE, or on YouTubeTwitter and Facebook

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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Broadband Breakfast on Wednesday, October 6, 2021, at 12 Noon ET — What’s Happening at Wispapalooza?

The Las Vegas trade show Wispapalooza 2021 is back from October 11-October 14, 2021, and it’s bigger than ever.

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Our Broadband Breakfast Live Online events take place every Wednesday at 12 Noon ET. You can watch the October 6, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Join Broadband Breakfast Live Online for Wednesday, October 13, 2021, “On the Ground at Wispapalooza.” Broadband Breakfast will discuss trends toward hybrid technology and government grants by WISPs. During our October 6, 2021, event, Broadband Breakfast also previewed the trade show.

Wednesday, October 6, 2021, 12 Noon ET — “What’s Happening at Wispapalooza?”

Wispapalooza 2021, which runs from October 11-October 14, 2021, is back, and it’s bigger than ever. The annual Las Vegas show of the Wireless Internet Service Provider industry, their partners and customers, brings together more than 2,000 WISP community attendees, more than 160 exhibitors displaying their products and services, and more than 90 panels with hundreds of experts helping the WISP ecosystem. Join WISPA CEO Claude Aiken, local WISP CEO J.J. McGrath, and Broadband Breakfast Editor and Publisher Drew Clark (also Of Counsel at the CommLaw Group and an telecom attorney to many WISP clients), for a wide-ranging discussion of what to expect next week at Wispapalooza.

Panelists:

  • Claude Aiken, CEO, Wireless Internet Service Provider Association
  • J.J. McGrath, CEO of WISP TekWav
  • Other guests have been invited
  • Drew Clark (moderator), Editor and Publisher of Broadband Breakfast

Drew ClarkEditor and Publisher of Broadband Breakfast, also serves as Of Counsel to The CommLaw Group. He has helped fiber-based and fixed wireless providers negotiate telecom leases and fiber IRUs, litigate to operate in the public right of way, and argue regulatory classifications before federal and state authorities. He has also worked with cities on structuring Public-Private Partnerships for better broadband access for their communities. Drew brings experts and practitioners together to advance the benefits provided by broadband. He is also the President of the Rural Telecommunications Congress.

J.J. McGrath, CEO (that stands for “Chief Everything Officer”) of TekWav, has more than 20 years of experience in Information Technology. Because his dad was an engineer at Texas Instruments, J.J. learned a lot at a young age and decided to pursue a career in the industry. Since he has been in the business since 1992, J.J. has successfully navigated many changes and improvements in technology, so he can offer Texoma businesses the latest technology at a competitive price.

Claude Aiken is CEO of the Wireless Internet Service Providers Association (WISPA), an association representing thousands of fixed wireless providers. In the decade prior, Aiken worked at the Federal Communications Commission as an advisor to Chairman Tom Wheeler and Commissioner Mignon Clyburn, as well as in various staff attorney roles and in senior leadership positions in the Wireline Bureau and Office of General Counsel. He graduated from New York Law School as a John Marshall Harlan Scholar specializing in information and technology law.

WATCH HERE, or on YouTubeTwitter and Facebook

As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.

SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTubeTwitter and Facebook

See a complete list of upcoming and past Broadband Breakfast Live Online events.

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