negotiation – Techdirt (original) (raw)

Senator Hatch's Plan To Give Hollywood The Key Seat At The Table For All Future Trade Negotiations

from the crony-capitalism dept

We recently wrote about Senator Orrin Hatch’s plans to create a special new ambassador-level role within the USTR for someone focused solely on pushing copyright and patent maximalism around the globe. Hatch actually claimed that intellectual property issues don’t get enough attention in international trade negotiations. This is ridiculous, as IP issues have actually been getting way too much attention — so much so that the announcement of the bill came just days after a huge number of public interest groups put together a letter stating that we should take intellectual property out of international trade agreements entirely.

There was one oddity, of course: despite announcing the bill, and even having a bill number for it (S.660), Hatch did not immediately release the actual text of the bill he was proposing. That text is now out and the EFF has jumped in with a thorough analysis of why it’s a disaster. Basically, as expected, this is not about more effective or reasonable stances on intellectual property in international trade agreements. No, the bill is fairly explicit that this is solely about helping out legacy companies push through what’s in their own best interests, rather than the public’s interest (which is what the Constitution says patents and copyrights are supposed to be about).

The new Chief “Intellectual Property” Negotiator would have to be approved by the Senate Finance Committee — of which Senator Hatch himself is the Ranking Member — and would be required to “be a vigorous advocate on behalf of United States innovation and intellectual property interests.” That is to say, this representative wouldn’t be there to represent the public interest, or the average Americans who are paying his or her salary.

Worse still, this proposal comes at the precise moment that the legacy content industry’s trade agenda has shown itself to be most at odds with the public interest. In particular, opponents of an effective and permanent fix to the Digital Millenium Copyright Act’s ban on phone-unlocking have cited language in recent trade agreements as a reason why any such legislation could be impossible — even though it’s been described as simple “common sense” by the White House. Regardless of the truth of those opponents’ claims, they slow the pace of change, even for extremely popular proposals. In other words, industry interests at the international level are trying to tie the hands of democratically elected legislators and dictate which laws are unacceptable.

Hollywood is already deeply, deeply embedded into the process of negotiating international trade agreements. It seems rather blatant to create a position whose role is pretty clearly designed solely to serve Hollywood’s interests at the expense of the public. Senator Hatch is making it clear who he serves, and it’s not the public. To be so explicit, and to state directly in the bill that the role of this job is to “advocate on behalf of… intellectual property interests” is incredible. Congress shouldn’t be in the role of picking winners and losers, but Hatch has decided to write into the law that only one particular industry must win, even if it is obsolete.

As Upton Sinclair once famously wrote: “It is difficult to get a man to understand something, when his salary depends on his not understanding it.” On this point, Hatch’s proposal is clear: question the assumption that “vigorous” copyright and patent enforcement may be at odds with innovation, or that the public interest should supercede industry interest, and you’re out of a job. Appointing a representative for the industries dedicated to “strong” copyright and patent laws all but guarantees that U.S. trade policy will reflect the industry-friendly regulations that representative is paid to promote, regardless of whether they are in the public interest.

Filed Under: ambassador, hollywood, intellectual property, negotiation, orrin hatch, trade agreements, ustr

Grooveshark Sued Again… Negotiating Via Lawsuit Continues

from the and-so-it-goes dept

We’ve discussed in the past how the record labels have this habit of “negotiating through lawsuits,” in that they will often sue an innovative music startup, even as they’re negotiating licensing deals with them, just to get the upperhand in the negotiation. It’s happened with countless music startups — and it’s one of the main reasons so few survive. They’re overly burdened with ridiculous costs from the beginning. We already saw that EMI used this strategy with Grooveshark, in forcing it into a licensing deal, and apparently Universal Music decided it could do the same thing. It’s now suing Grooveshark as well — even though Grooveshark insists it pays all the appropriate licenses. Of course, the end result of all this is that it gives Grooveshark more publicity, but may make it more difficult for the company to survive.

Filed Under: lawsuits, negotiation
Companies: emi, grooveshark, universal music

Negotiating Through Lawsuit Continues: EMI Drops Lawsuit, Signs Deal With Grooveshark

from the all-in-the-negotiation dept

We’ve noticed a troubling trend in how legitimate online music services are being pressured into deals with the major record labels. The labels begin the negotiations on licenses… and then sue the company. That, of course, makes life difficult for the startup, which is then pressured to offer even better (read: ridiculously onerous) terms to the labels. We’ve seen it happen over and over again, and saw it happening when EMI sued Grooveshark this past summer. And, of course, a few months later, the lawsuit is dropped and a licensing deal has been reached, though you can bet the terms are not quite what Grooveshark originally intended. That’s what happens when part of the “negotiation” involves a lawsuit.

Filed Under: lawsuits, negotiation
Companies: emi, grooveshark

Dear Google: We're Suing You For Patent Infringement… But Not In A Litigious Way

from the it's-just-our-way-of-saying-hi dept

Eric Goldman has an amusing patent lawsuit filed against Google for alleged violations of two patents by Google Reader. The two patents (one and two) have to do with information “coordination and retrieval” with one of them dating back to the late 80s. However, what’s more amusing is what’s said in the filing. As Goldman notes, this is a rare case where the lawsuit is being file pro se (without an outside lawyer)… and it shows.

Specifically, the filing suggests that the inventor really, really doesn’t want to file a patent infringement lawsuit, and is really hoping that Google doesn’t think it’s litigious or get upset about it. Instead, the inventor claims that legal precedence forced him to file the lawsuit rather than negotiate. What legal precedent? One that would have allowed Google to file for declaratory judgment in a more favorable court. The inventor was afraid that if he kept talking to Google, they would do so, and that would be bad. He had contacted Google, via an unsolicited email, which Google responded to saying they weren’t interested. Following that, he decided the only thing to keep the negotiation ongoing would be to file a lawsuit:

Further, as Priest & Morris, in good faith, only wish that the invention be used to its fullest potential, and have a strong wish that precious court and corporate resources be conserved, the plaintiffs prefer reaching this fair settlement through friendly appreciation and negotiation. In any event, we encourage defendant to not view this complaint as ‘litigious behavior’ and to view it in respective good faith and action.

As Goldman notes, it’s pretty difficult not to view filing a lawsuit as litigious behavior because, well, it is litigious behavior.

Filed Under: google reader, negotiation, patents, pro se
Companies: google