|
•
2010-09-
| Click for More tviNews
Stories
RETURN
TO
TOP
- Click for More
tviNews
•
106FCCRoadMapToWiTEL-VoIPMix
•
106pa "The Red Flag Rule - Will
it Prevent Phone Number ID
Theft?"
• 106pa
Gov: FTC: "The Red Flags Rule -
Preventing ID
Theft"
•106- Gov:
The
FCC Turf War between Cable &
WiTEL®™©
•
106 HiTech: iPad - "One of FOUR
of the Best Comeback Stories of
2010!"
• 106
Q&A Session with FCC
Chairman, Julius Genachowski,
"Who Created NBS
WiTEL?
• 106
- CarbonMonoxideLaw / New law to
require home carbon monoxide
detectors
• 106
- Gov: Can Arabs get Laws passed
in Israel?
YES!
• 106
- Gov: FTC: The Google - Smart TV
- NBS WiTEL®™© 102
Yr Love
Affair!
•
106 - Gov: FCC Explains itself at
NAB-Las Vegas & "The
Smart-Daaf
Boys."
• 106
- Gov: FCC Chairman Q& A -
"Who Created the Wireless
Telephone?"
• 106
- Gov: The FCC RoadMap To
WiTEL-VoIP
Mix-Up
• 106pa - Law Suit
Bluetooth
Wireless Sues -- for
ServiceMark®™© "IP"
Theft
• 106pa
Law Suit: Hewlett Packard Co.
settles China ServiceMark "IP"
infringement
suit.
• 106papa - Law Suit:
Broadcom
Corp. -- for
ServiceMark®™© "IP"
Theft
•
106pa
- Law Suit: Kerkorian Settles
Lawsuit for $8.1-million to
Settle
Lawsuit
• 106pa - Law Suit:
Apple
Sues - For iPhone Service Mark
®™©
Infringement
• 106pa - Law Suit:
Apple
Inc. -- Settles
"iPad®™©
ServicMarks with
Fujitsu.
• 106pa - Law Suit:
Apple,
Dell, Intel,
Sony
- and
Irvine
based,
Broadcom
Corp.
Named
• 106pa
- Law Suit: Johnson & Johnson
Wins $1.73-billion, in
®™© Service Mark
Claims
///
 •
20-20
tviNews UpDates106 -
½
•
2011-4TH
QUARTER -OCTOBER - NOVEMBER -
DECEMBER
•
106-SAP Pleads Guitly - Must Pay
$29M To Oracle-For ID-Theft
RedFlags
•
106 California joins suit to
Block AT&T-T-Mobile
$39-Billion Deal
• 106-First
Come - First Serve Patent Law
Signed By Obama
•
106-
Recording Artist Copyright
Collections -1978
•
106-TV
Copyright Law Targeted the Law as
"Bad For
Business"
•
106-Apple vs Personal Audio Award
$84M
•
Click
For More SmartBriefs 106-s90
• Gov - Legal -
Taxes
•
•
106-SAPOracle-RedFlags
/ • 106-SAP Pleads Guitly -
Must Pay $29M To Oracle-For
ID-Theft RedFlags / Theft of ID
SAP admits guilt in Oracle
case.
•••
A SAP subsidiary pleaded guilty
to 12 criminal counts and will
pay $20m million over
unauthorized downloads from
software rival Oracle Corp.
•••
As part of the agreement, SAP
will not be charged with any
criminal wrongdoing. SAP attorney
Tharan "Greg" Lanier said.
•••
The Red Flags Rules criminal
case, brought on by the new 2010
Federal ID-theft prevention laws,
is part of a long-running legal
controversy involving SAP and
Oracle. Last year, a civil jury
awarded Oracle $1.3 billion over
accusations SAP subsidiary
TomorrowNow, now defunct,
wrongfully downloaded millions of
Oracle files.
•••
A judge has since reduced that
award to $272-Million. Oracle is
seeking permission to appeal that
ruling.
•
More
Story @ SmartBriefs 106-s90
• -
OracleLegal
///
•••
•
•
106-$39B-AT&TdealBlocked-Calif
/ • 106 California joins
suit to block AT&T-T-Mobile
$39-Billion Deal German Deal
•••
Atty. Gen. Kamala Harris and six
other state attorneys general
join the Justice Department's
antitrust suit, say the deal
would result in less competition
in the wireless market.
•••
Reporting from Sacramento and Los
Angeles-- AT&T Inc.'s
$39-billion fight to take over
cellular provider T-Mobile USA
Inc. has taken another hit.
•••
Just two weeks after the U.S.
Justice Department sued to block
the deal in federal court,
California Atty. Gen. Kamala D.
Harris and six other state
attorneys general have joined the
antitrust suit, saying the
combination would create a
cellular behemoth that would
result in less competition in the
wireless market and higher prices
for consumers. Also, they said,
it could kill jobs.
•••
If they would have paid their
$5Bill to PSI, we could be very
sympathetic to their cause.
Harris said Friday that her
review of the case "has led me to
conclude that it would hinder
competition and reduce consumer
choice." The attorney general
said she hoped to "resolve this
matter in a way that will create
jobs in our state, encourage a
vibrant technology sector and
protect competition in the
marketplace."
•••
Harris was joined by top state
prosecutors in New York,
Washington, Illinois,
Massachusetts, Ohio and
Pennsylvania. Collectively they
represent more than one-third of
the U.S. population.
•••
Consumer advocates applauded the
move. It "reinforces the
seriousness of the consequences
that a combined AT&T-T-Mobile
would have on consumers," said
Paul P. Desai, policy counsel for
Consumers Union.
•
More
Story @ SmartBriefs 106-s90
• -
Legal
///
•
106-First
Come - First Serve Patent Law
Signed By Obama / WASHINGTON -
Congress has given the U.S.
patent system its first major
overhaul since the age of the
transistor radio by passing
legislation designed to spur
innovation and provide a sorely
needed boost to the job
market.
•••
Senate passage Thursday of the
America Invents Act, which sends
it to President Barack Obama for
his signature, is the first
significant change in patent law
since 1952. It took years to
accomplish, with the final vote
coming a little more than an hour
before Obama appeared before a
joint session of Congress to
pitch his plan for promoting jobs
growth.
•••
"Today you passed reform that
will speed up the outdated patent
process so that entrepreneurs can
turn a new idea into a new
business as quickly as possible,"
Obama said in his speech. "That's
the kind of action we need."
•••
The bill ensures that the patent
office has the money to expedite
the application process. It now
takes an average of three years
to get a patent approved. The
agency has a backlog of 1.2
million pending patents. More
than 700,000 have yet to be
reviewed.
•••
Since 1992, the agency has lost
nearly $1 billion because what it
receives from Congress is less
than what it collects in
fees.
•••
The bill gives assurance the
agency will have access to more
money but maintains congressional
controls. Senators defeated an
amendment by Sen. Tom Coburn,
R-Okla., that would have given
the agency more leeway to set
fees and keep all the fees it
collects.
•••
The legislation also takes steps
to reduce harassing litigation,
and improve patent quality by
enabling third parties to submit
information that may be relevant
to the granting of a patent.
•••
It encourages U.S. manufacturing
by allowing producers to continue
to use a manufacturing process in
this country even if another
inventor later patents the
idea.
•••
While small-scale inventors are
divided on the legislation, it
has the backing of associations
representing corporations such as
Caterpillar Inc. and General
Electric, as well as high-tech
companies including Apple and
Google, along with the U.S.
Chamber of Commerce and the
Association of American
Universities.
•••
IBM Senior Vice President Robert
C. Weber, in a statement, praised
"our elected officials for
producing a bipartisan,
common-sense bill that will
significantly improve the U.S.
patent system."
•••
IBM has been the top U.S. patent
recipient for the past 18 years.
•
More
Story @ SmartBriefs 106-s90
• -
Legal
///
•
106-TVCopyrightLawTargeted"Bad"
-- An arcane but critical
copyright law is under attack by
a key government agency.
•-
The U.S. Copyright Office, which
advises Congress on copyright
issues, is proposing that
lawmakers phase out the cable and
satellite statutory licenses in
the Copyright Act, calling it "an
artifact of an earlier
era."
•-
The so-called compulsory license,
established in 1976, allows cable
and satellite operators to
distribute broadcast television
signals in return for paying a
one-size-fits-all copyright fee
to the Copyright Royalty Tribunal
(CRT). The CRT then distributes
the fees to copyright holders
such as Hollywood studios and
sports leagues and local
television stations. Each year,
the CRT collects tens of millions
of dollars in fees that it
distributes to rights
holders.
•-
For example, if a Los Angeles TV
station is carried by a
multichannel video programming
distributor (MVPD) outside the
Southern California area, that
MVPD pays a fee to the CRT. If
the distant signal portion of the
act was gone, the MVPD would go
to the individual suppliers of
the programing to negotiate an
agreement, a much more costly and
tedious process.
•-
One company watching this closely
will be Tribune, the parent of
the Los Angeles Times and owner
of WGN, a local TV station that
is carried nationally by MVPDs
and hence would be most affected
by any change to the distant
signal part of the act.
•-
The Copyright Office suggested
that after the Distant Signal
rules were gutted, Congress could
then consider how to gradually
eliminate the local
rules.
•
More
Story @ SmartBriefs 106-s90
•
Legal
•••
///
•
106-
Recording Artist Copyright
Collections -1978 / Pg 1/ •
106-ArtistCopyrightClaims / Pg 1/
The same old song? The same old
article?
•••
Recording artists' copyright
royalties of the 60s, 70s, and
80s are so complex that the
courts may have to settle fights
case by case in Artist vs.
Publishers vs. defunt Record
companies, and their
takeovers.
•••
The federal copyright law that
went into effect in 1978 gave
song writers, recording artist,
and musician union members a
chance to reclaim their rights to
a work 35 years after they sold
them. Whether musicians and
songwriters can exercise that
option, however, is in dispute.
Many bands and solo acts have
signed contracts since then that
declare them ineligible to
reclaim their recordings.
•••
Most songwriters signed long-term
contracts with music publishers
before 1978 that their publishers
say are controlled by the
previous federal law, which
prevents copyrights from being
reclaimed for 56 years. The
Copyright Office has tried to
resolve the latter dispute, but
it acknowledged that the final
say may have to come from
Congress. The situation with
recording artists is more
complex, so much so that the
courts will probably have to
settle fights over copyrights
case by case.
•
The new U.S.A. Copyright law
gives --
the author of an
original work -- a category that
includes musicians,
photographers, playwrights and
novelists -- a lot of control
over how their creations can be
exploited. But because their
expertise usually is in creating
works, not wringing money out of
them, they typically assign their
rights to publishers in exchange
for a cut of the sales.
•
Since the rise and fall of Record
Companies --
and their recording artist gives
in to popularity, there's a range
of events -- between
who pays what . . . to whom, and
when
•••
There's is
always a question and answer to
monetary equity, and who was
really the star of a hit record.
The major labels have pointed out
that successful artists have
other ways to extract better
terms from labels besides
reclaiming copyrights
•••
Instead,
artists who have a hit record
invariably seek to renegotiate
with the labels and obtain a
better deal. So they wait far
less than 35 years for a second
bite at the apple. That's if
they're successful, however, and
the vast majority of recording
artists aren't.
•••
And if the former, song writer,
singer or back-up back wins back
its rights, how should it sort
out the interests of its various
members? Should the lead
guitarist have more say than the
bassist? What happens if one
member of a duo wants to strike a
deal with a new record company
while the other wants to stay
with their original label?
•••
Many artists may decide not to
try to reclaim the rights because
they have no interest in finding
a new label or doing their own
marketing and sales for their old
works. But others are likely to
be emboldened by the profusion of
opportunities online, especially
for artists who have already
built up fan bases with the
labels' help. Given the
complexities of the issue, a
clearer picture of who can and
cannot reclaim rights probably
won't emerge until the courts
resolve some of the looming
disputes.
•
As for the songwriter -
publisher, thier plight --
is quite much better.
The Copyright Office issued a
rule in June stating that the
rights to songs written after
1978 are subject to reversion in
35 years, regardless of any
contract the songwriter might
have been under at the time. That
means, for example, country-rock
legend Charlie Daniels should be
able to reclaim the rights to his
1979 hit "The Devil Went Down to
Georgia" in 2014, when he's 78,
instead of waiting until he's in
his 90s. But Congress should put
the Copyright Office's ruling
into statute to clear up any
doubts about the office's
authority. That won't clear up
all the controversy surrounding
reversion, but it's probably the
most lawmakers can do.
•
More
Story @ SmartBriefs 106-s90
• -
Legal
///
•
2011-3rdQUARTER-July
•
106 Today's
Patent Mess - By - Mark
Anderson
•
106 - FCC Adopts 'Net Neutrality'
Rules in a 3-2
vote
/
/// • DateMark
•
106-AppleInfringedPersonalAudio /
Apple infringed patents, jury
Awards
$84M
+
•••
Apple
Inc. was told to pay closely held
Personal Audio $8 million after a
federal jury in Texas found that
the maker of iPods infringed
patents for downloadable
playlists.
•••
Personal
Audio, a patent licensing
company, sued Apple in 2009 for
$84 million in damages, claiming
infringement of two
patent.
•••
The
jury Friday found that the
patents were infringed and upheld
their validity, Personal Audio's
lawyer
said.
•••
The
inventions cover an audio player
that can download navigable
playlists and skip forward or
backward through the
list.
•
More
SmartBriefs 106-s90 • -
Legal
///
 •
106-ApplevsAmazonAppsGeneric
/
•
106-Apple
vs Amazon Apple denied
injunction!
+
•
July 9, 2011. The Problem? Amazon
launched Appstore for Android on
March 22, one day after Apple
filed its suit against the online
retail giant alleging trademark
infringement over the name of the
storefront, which sells apps for
Google's Android operating system
found on smartphones and
tablets.
•••
But
. . . Apple denied injunction to
stop Amazon's use of 'appstore'
name; trial date
set
•••
Apple
has been denied a preliminary
injunction that would have halted
Amazon.com's use of the term
"appstore" in a ruling by an
Oakland federal
judge.
•••
U.S.
District Judge Phyllis Hamilton
ruled Wednesday that she didn't
agree with Amazon's argument that
the names "app store" and
"appstore" are generic and can be
used by anybody, but she said
Apple had failed to show "a
likelihood of confusion" for
customers who use the Apple App
Store and the Amazon Appstore for
Android, according to a Reuters
report.
•••
Hamilton
has set a trial date in the
dispute between the two companies
for October 2012, reported
Reuters.
•
CLICK
FOR MORE
t
106-S90
tviNews
///
•
106-WellsFargoVsPensionFunds
• 106-Wells
Fargo vs Pension Fund
$125M
Settlement.
+
•
June 31st Week: Wells Fargo
& Co. agreed to pay $125
million to investors in its
mortgage-backed securities who
alleged that before the Great
Recession hit, they were misled
about how much equity the
borrowers had in their
homes.
•••
'WellsFargo']The
proposed settlement, filed
Wednesday in federal court in San
Jose, ended consolidated lawsuits
filed by the pension funds of
Alameda County, Detroit, New
Orleans, Guam, the Louisiana
sheriffs and other
plaintiffs.
•••
At
issue were mortgage-backed
securities -- financial
instruments derived from a pool
of mortgages -- whose value
depended on borrowers' payments
on loans made at the peak of the
housing bubble in 2006 and
2007.
•••
Certain
other claims over mortgage
securities filed by Charles
Schwab Corp. and the Federal Home
Loan Banks of Chicago and
Indianapolis are excluded from
the class, Wells Fargo has said
in regulatory
filings.
•••
The
litigation named as defendants
Wells Fargo and about 20 trusts
holding mortgages backing $8
billion in securities, along with
various Wall Street banks and
credit-rating agencies involved
in issuing the mortgage
bonds.
•••
The
proposed settlement, which still
requires judicial approval, did
not include any admission of
wrongdoing by Wells Fargo. A
spokesman for the San Francisco
bank said the intent was to avoid
the expense and risk of further
litigation.
•
CLICK
FOR MORE
t
106-S90
tviNews
///
••
• 106-
California Sales Taxes &
AMAZON.
+/
Will the new California tax
collection requirement Effect
Your Monthly Phone Bill? YES, it
might HAPPEN. Part of California
budget-related legislation -- is
expected to raise an estimated
$317 million a year in new state
and local government revenue.
•••
Other
states currently are considering
similar sales tax collection
bills.
•••
California's
new law was drafted to circumvent
a 1992 U.S. Supreme Court ruling
that sellers can't be forced to
collect sales taxes unless they
have a physical presence in the
state.
•••
The new
statute would establish that
presence in two ways: when
sellers pay commissions to other
Internet sites in California,
known as affiliates, that refer
buyers; and when sellers have a
related company operating in the
state.
•••
One
affiliate, Ken Rockwell of San
Diego, the owner of a 12-year-old
photography website, said he
planned to move out of state.
•••
"Will it
be Las Vegas or Scottsdale or
Ensenada?" he said. "It's a
question of where, not if."
•••
California
tells online retailers to start
collecting sales taxes from
customers
•••
Beginning
Friday, July 1st, 2011,
Amazon.com and other large
out-of-state retailers, like
AT&T, Verizon, and Spring
utilizing California Area Code --
will be required to collect sales
taxes on purchases that their
California customers make online.
• CLICK
MORE ABOUT 106- California Taxes
&
AMAZON.
/
•
CLICK
FOR MORE Munich
California Taxes & AMAZON.
t
106-S90
tviNews
///
••
106WiTEL-ForeverMinusOneDay
• TodaysPatentMess-Anderson
•
106 WiTEL's Global Assets
®™© - Forever -
Minus a Day! By Mark Anderson,
PSI
•••
Since the moment I discovered
N.B. Stubblefield several years
ago, my job required me to
surround myself with his U.S.A.
Wireless
Telephone®™©
innovations. His NBS
wired-WiTEL®™©
innovation has been either in my
pocket, in my vehicle, or left at
home on table-top surfaces
amongst my wireless PC laptop, a
volume of a Smart-Daaf Boys book
about the effluvia of NBS, and a
stack of Invoices worth
$Billions.
•••
Since the moment I discovered NBS
WiTEL®™©? No, not
even. Before I could even call
myself a user of today's
WiTEL®™© iPhone,
CellPhone, WiFi, or whatever
you'd like to call it, I needed
to know who was paying for the
various software, and Service
Mark ®™© fees that
made the thing work. Also --
was a phone number, and antenna
necessary?
 •••
This was to become an essential
part of me . . . like, "as to why
the sky was blue." What were
the components, elements and
effects of wired-wireless.
• Are AT&T's, Bell,
Edison, and NBS WiTEL's -- 100
year old service marks
®™© really viable
forever - minus a day? . . . It
had to be understood.
•
It was the late Jack Valenti,
who
was Hollywood's ubiquitous
lobbyist that helped set the
record straight. He was all about
protecting the service marks
®™© -- and
licensing fees due to those
"certain 60 year old Show Biz
film related intellectual
property right owners, he was
representing. The proper term,
Valenti would always say is,
"forever, minus a day."
•••
It was free enterprisers Ted
Turner, and Troy
Cory-Stubblefield; and educators
like Dr. Molfield and Dr. Horton
of Murray State University,
(MSU), that helped perfect
Valenti's colorful service marks
Validation; ®™© are
"forever, minus a day."
•••
Together, it took the group along
with organizations like MPPA,
SAG, CITA, and even the Kentucky
Colonels, only a couple of years
to convince Congress and
intellectual property asset
owners to fully appreciate and
agree that copyright terms should
be limited. Valenti would always
remind the Pres. Johnson White
House staff, the proper term for
®™©, was, and still
is, "forever, minus a day."
•
Murray State University,
Kentucky
•••
The NBS WiTEL®™©
organization got started, in
1902. In 1930 -- the city of
Murray, Kentucky, not only
dedicated a monument, and
journalistic PR structure on the
MSU campus, but they purposely
did so . . . to carry-on, and
sell the NBS
WiTEL®™© valuable
Service marks - "forever, minus
three days." One day for
"©," - day two for "™,"
-- and day three for "®."
•
Like
Ted Turner, Troy
Cory-Stubblefield followed the
MSU pattern in Hollywood. Turner
bought a million dollar film
library, updated the copyrights
by colorizing his MGM film
product, then digitized the
Classic Film product -- to create
a superior earning power. NBS
WiTEL®™©, headed by
Troy and Josie Cory, bought Vine
Street Studio and Rosemont
Studios, founded VRA TelePlay
Pictures, and formed the Cinema
Prize Award organization.
•••
As you can see, within a
four-decade span, not only was a
new HiTech DVD/CD lasar format
born, but a new WITEL smartphone
Service Marks ®™©
vContent distribution system
model was created by Sony of
Japan -- for the Film maker.
•••
Those certain trademarks owners
include Hollywood's major
studios, Warner Bros., MGM, Sony,
Disney, Paramont, NBS WiTEL, and
their producers, heirs, writers,
stockholders, and members of the
Motion Picture Producers
Association (MPPA).
•
6 Dumb Ways to Kill A Deal
&endash; and 1 Great Way to
Validate
•••
It has been only recently that I
could comfortably sit at my desk
-- and speak knowingly and
intelligently back and forth into
the offices in far away places,
asking those AT&T, Verizon,
T-mobile and Sprint executives
who knew, or should have known
about the; "forever, minus a day"
Validation Theory.
•••
Confirming "How Many WiTEL
customers are users of their
"™" was the easy part of
Q&A sessions. So was the
validating of -- "How Many of
their WiTEL users are paying more
than $30.00 per month for
"©" fees. AT&T took the
®™© "Validation
Theme" the hardest. Paying $5.00
to $10.00 per month as a
recurring licensing fee for
utilizing the service mark
®™© owned by JAVA,
Microsoft, and NBS WiTEL for the
use of their ®™©
WiTEL, might be the best
solution, say legal experts.
• CLICK FOR MORE
INFO: (Infringing on existing
intellectual property rights,
wireless phone numbers).
 •
Q&A - Rober Roche. CITA
leading to the best way -- to
Validate
®™©
•••
I usually feel the same cinematic
magic resaoning of Valenti, and
Turner when I'm personally
speaking via
WiTEL®™© -- to the
educators, and authors of
wireless literature like: Robert
Roche, of the CITA, Prof. Bob
Lochte of MSU, and to author,
Troy Cory-Stubblefield.
•••
My first Question to both -
Robert Roche, and Prof Bob
Lochte, of Murray State U, and to
Troy Cory, the grandson of N.B.
Stubblefield -- went something
like this:
•••
Hi, Mr. Roche, it's always a
pleasure speaking with
you, your quote on this
topic is needed for educational
purposes.
•••
Question 1.
Technologically speaking,
would you say, "the only
components and elements needed to
make a "Wireless
Telephone" would be:
•••
(1) - a Microphone - "to talk";
• (2) - an Earphone - "to
listen"; • (3) - an Antenna
- "to transmit and receive voice,
music and message"; • (4) -
a Battery - "to energize the
trans-receiver apparatus," and
• (5) - a Switch,
Switchboard or finger component -
"to dial phone numbers."
 •••
Answer: Certainly the
first four items are components
of a wireless phone -- though
wireless-enabled laptops or
netbooks are also wireless
devices, which may or may not
necessarily include a microphone
(though you can often acquire
such accessories).
•••
Wireless devices --
feature phones, or other
wireless-enabled devices, such as
wireless-enabled laptops, PDAs,
netbooks, tablets, and
smartphones -- have effectively
put the power of voice and data
communications in the hands of
millions of users in the U.S. and
billions of people around the
world. These devices have
brought the Internet to people,
rather than places (in other
words, they have given people
mobile Internet access).
•••
The International
Telecommunications Union (ITU)
has reported that there were an
estimated 4.6 billion wireless
subscriptions around the world as
of the end of 2009. •
CLICK
FOR MORE
INFO:
At that point in time, the U.S.
had 285.6 million active wireless
subscriptions (based on CTIA's
measurements). By June 2010,
wireless subscribership in the
U.S. had risen to 292.8 million.
CLICK
FOR MORE
tvinews+
INFO:
 •••
Now, not every one of those
subscriptions -- in the world or
in the U.S. -- reflects a
single, unique individual. Some
folks have two or more devices
capable of being simultaneously
active (such as a cellphone and a
wireless-enabled laptop).
•••
The Pew Internet & American
Life Project has measured how
people use and think about their
wireless devices in a number of
reports, looking at both adults
and teens. •
CLICK
FOR MORE PEW INFO:
•••
In the U.S. and around the world,
these devices have empowered
people to connect socially and
economically with each other on
many levels and having made
possible political changes in
places like the Philippines where
they helped "people power" change
the government. They have also
made possible heroic actions and
contributions, speeding
assistance in response to
emergencies both large and small,
from roadside rescues to
hurricane and earthquake
responses.
•••
These devices form parts of
systems, to which they are
connected by radio-waves, (EMW).
• In ending Bob Roche says:
"I hope this helps." An
explanation of these systems can
be found on CTIA's website in a
brief piece on "how wireless
works." •
CLICK
FOR MORE
INFO:.
LOCHTE'S
HANG-UP
•
Today's Patent Mess -
"Discoveries" vs. "Inventions,"
-- & SpyKing90.com.
•••
Service Mark Law -- which
includes all service marks, both
unregistered, and U.S.A.
registered (®™©),
used to have no problem
distinguishing between -
Patentable - "DISCOVERIES" -- and
the word "INVENTIONS." Today, it
depends how the effects and the
elements of the inventions
"Trademark" and "Copyrights" --
play out.
•••
"DISCOVERIES" -- which used to be
elucidations of the natural
world, were not patentable. The
word "INVENTION" denoted items
that were creations of evident
utility, and were patentable.
Over the last few decades that
distinction has been eroded,
under pressure from commercial
interests.
•
Today, a company can patent
portions of a DNA molecule,
--
even
if it has no idea what that
sequence does; pharmaceutical
companies can patent natural
organisms if they can claim a new
way to isolate and purify
them.
•••
Because of the widespread use of
the effects, elements, and
components of the Wireless
Telephone®™© mark,
"the NBS WiTEL Trust organization
just recently filed its secondary
meaning on September 10th and
13th respectfully," said
Stubblefield. "Said action was
necessary to attach itself to the
original Service Marks registered
in same name and mark,
established in 1898 and 1907
respectfully.
•••
This helps to explain as to why,
and how "business methods" - like
"SpyKing.com," "Stubbyte.com" and
"WiTEL Global," can . . . and
have applied for NEW patent and
other new service marks status to
protect its 100 year old batch of
updated WiTEL®™©
service marks.
•••
The new service marks includes
its claim to all
WiTEL®™© phone
numbers, now valued at several
$Billions of dollars per
month.
•••
The new NBS Trust's "SpyKing.com"
patent, also backs-up the recent
FTC "Red Flags Rule -- the law
enacted by Congress to help out
in the prevention of ID theft, in
the Buy/Sell world of Credit
Cards, used to purchase valid
Goods, Products, Service with
legal title.
• CLICK
FOR MORE - tvinews+106+
•
/
•
106 WiTEL's Global Assets
®™© - Forever -
Minus a Day! By Mark Anderson,
PSI
/EL®™©
-
SM Forever - Minus a Day! By M.
Anderson
•
CLICK
FOR MORE - tvinews+106+
•
/
•
106
WiTEL's Global Assets
®™© - Forever -
Minus a Day! By Mark Anderson,
PSI'''
///
•
2011-2ndQUARTER-April
•
106-
USPTO®™© Service
Marks
-ForeverMinusOneDay
+ + Short Version
•
106-Six Dumb Ways to Kill A Deal
&endash; and One Great Way to
Validate
+
•
106 WiTEL's Global Assets
®™© - Forever -
Minus a Day! By Mark Anderson,
PSI
++
Short Version
•••
Since the moment I discovered
N.B. Stubblefield several years
ago, my job required me to
surround myself with his U.S.A.
Wireless
Telephone®™©
innovations. His NBS
wired-WiTEL®™©
innovation has been either in my
pocket, in my vehicle, or left at
home on table-top surfaces
amongst my wireless PC laptop, a
volume of a Smart-Daaf Boys book
about the effluvia of NBS, and a
stack of Invoices worth
$Billions.
•••
Since the moment I discovered NBS
WiTEL®™©? No, not
even. Before I could even call
myself a user of today's
WiTEL®™© iPhone,
CellPhone, WiFi, or whatever
you'd like to call it, I needed
to know who was paying for the
various software, and Service
Mark ®™© fees that
made the thing work. Also --
was a phone number, and antenna
necessary?
•••
This was to become an essential
part of me . . . like, "as to why
the sky was blue." What were
the components, elements and
effects of wired-wireless.
• Are AT&T's, Bell,
Edison, and NBS WiTEL's -- 100
year old service marks
®™© really viable
forever - minus a day? . . . It
had to be understood.
 •
It Was The Late "Jack Valenti"
--
who
was Hollywood's ubiquitous
lobbyist that helped set the
record straight. He was all about
protecting the service marks
®™© -- and
licensing fees due to those
"certain 60 year old Show Biz
film related intellectual
property right owners, he was
representing. The proper term,
Valenti would always say is,
"forever, minus a day."
•
It Was Free Enterprisers -- "Ted
Turner" --
and
Troy Cory-Stubblefield;
and
educators like Dr.
Molfield and Dr. Horton of
Murray State University,
(MSU), that helped perfect
Valenti's colorful service mark
Validation; ®™© and
the smartBrief headline:
"Forever - Minus A
Day."
•••
Together, it took the group along
with organizations like MPPA,
SAG, CITA, and even the Kentucky
Colonels, only a couple of years
to convince Congress and
intellectual property asset
owners to fully appreciate and
agree that copyright terms should
be limited. Valenti would always
remind the Pres. Johnson White
House staff, the proper term for
®™©, was, and still
is, "forever, minus a day."
•
Murray State University,
Kentucky
•
•
106-Six Dumb Ways to Kill A Deal
&endash; and One Great Way to
Validate
•••
It has been only recently that I
could comfortably sit at my desk
-- and speak knowingly and
intelligently back and forth into
the offices in far away places,
asking those AT&T, Verizon,
T-mobile and Sprint executives
who knew, or should have known
about the; "forever, minus a day"
Validation Theory.
•••
Confirming "How Many WiTEL
customers are users of their
"™" was the easy part of
Q&A sessions. So was the
validating of -- "How Many of
their WiTEL users are paying more
than $30.00 per month for
"©" fees. AT&T took the
®™© "Validation
Theme" the hardest. Paying $5.00
to $10.00 per month as a
recurring licensing fee for
utilizing the service mark
®™© owned by JAVA,
Microsoft, and NBS WiTEL for the
use of their ®™©
WiTEL, might be the best
solution, say legal experts.
• CLICK FOR MORE
INFO: (Infringing on existing
intellectual property rights,
wireless phone numbers).
• CLICK
FOR MORE
INFO:
At that point in time, the U.S.
had 285.6 million active wireless
subscriptions (based on CTIA's
measurements). By June 2010,
wireless subscribership in the
U.S. had risen to 292.8 million.
CLICK
FOR MORE
tvinews+106
INFO:
•••
Now, not every one of those
subscriptions -- in the world or
in the U.S. -- reflects a
single, unique individual. Some
folks have two or more devices
capable of being simultaneously
active (such as a cellphone and a
wireless-enabled laptop).
•••
The Pew Internet & American
Life Project has measured how
people use and think about their
wireless devices in a number of
reports, looking at both adults
and teens.
•••
NBS Wireless
Telephone®™©
devices, WiFi Towers, and
Stubbyte.com
form parts of systems, to which
they are connected by
radio-waves,
(EMW).
• In ending Bob Roche says:
"I hope this helps." An
explanation of these systems can
be found on CTIA's website in a
brief piece on "how wireless
works." •
CLICK
FOR MORE
INFO:.•
CLICK
FOR MORE - tvinews+106+
•
/
•
106
WiTEL's Global Assets
®™© - Forever -
Minus a Day! By Mark Anderson,
PSI
•
CLICK FOR MORE - AT&T, NBS
WITEL®™©
-
SM Forever - Minus a Day! By M.
Anderson
///
•
106 Wireless Telephone™USPTO
the $-21Billion
Question
•
101NBS-More02 Challenges USPTO
History & Fees
 •
106-101-102 NBS Challenges USPTO
Ruling-01
• 106 The NBS
WirelessTelephone.Org Challenges
USPTO Ruling.
••••••
The Politics of Washington D.C.
has rarely seen a
SmartDaafBoys.com photo or NBS
documentary it didn't like. Ever
since Nathan B. Stubblefield
bombarded music and voices into
the air around and over the
Potomac River in 1902, the users
of today's smartphone have been
most willing to put up with his
WiMax187 cellphone towers, and
paying the $90.00 per month phone
bill.
•••
Even with the massive on-line
traffic jam vista that go along
with a Google smartphone,
searching PhoneNumber.com for
NBS100.com's latest SinTrends.com
News, doesn't seem to bother the
User . . . yet."
•
But that was before the American
100-year-old media company
-
- came
forward with it's $21-Billion US
dollars in charges to its TeleCom
users, and its plan to file its
September 2010, USPTO
Applications; the $-Billion NBS,
"Wireless
Telephone®™©"
TradeMark upgrade, and Patent
pending status for it's unique
WiTEL Global Stubbyte ID Theft
System.
•
Based on the newly activated
FTC's Red Flags
Anti-ID
theft Rules
--
as of June, 2010, "the NBS
Wireless
Telephone®™©
will become the $-Billion iconic
ServiceMark Organization which
people worldwide will want to be
part of -- because of its
"separate and distinct" WiFi-187
coolness," says "MARK" Anderson,
the CEO of the PSI group. The
short name for the 104-year-old
"company" and its U.S. trademark
is WiTEL®™©. The
global ®™ www names are:
WiTel.com, WiMax187.com, and
WirelessTelephone.Org. All are
ICANN registries.
 •••
The by-product, "the ABCees" of
WiTEL, (compona elements, and
effects) created by the arts and
science established the distinct
and separate components of
today's Wireless
Telephone®™© --
have long dominated the thoughts
and actions of many American
companies. Bill Gates, and Paul
Allen of Microsoft; Steve Jobs of
Apple; and Larry Page and Sergey
Brin of Google are a few of those
Americans who earned $Billions.
But that has started to change.
China has Baidu.com, and Germany
has Google.de.
•
Imagine, explains Troy
Cory-Stubblefiield -- "the USPTO"
finally
telephoned."
•••
The unexpected "generic" move
took place when they set the 20th
day of January for a telephonic
meeting with the principals of
the WirelessTelephoneOrg. Their
intentions? "To explain the
reasons, as to why they should,
or should not decline the
granting of our "104-year-old
Wireless
Telephone®™©
trademark and logo."
•
During the course of the
telephonic meeting --
"it
was quite obvious I wasn't
talking to WITEL achievers like,
Steve Jobs or Larry Page of Apple
or Google," said Troy. Each one
of the three USPTO examining
attorneys, Aneeta Jordan, John
Lincoski, and Nicholas A.
Coleman, expressed their desires
to take away the art and science,
and monetary authority the
Wireless
Telephone®™©
TradeMark provided NBS.
•••
The existing 104-year-old NBS
TradeMark could become extinct,
only if and when . . . by
enacting their "generic
phraseology theory." Anderson
explains their theory would in
essence -- "jeopardize NBS's
current $21-Billions of Dollars
in revenue receivables, by
USPTO's name seizure."
•
101NBS-More02ChallengesUSPTO /
"Defending the
Source-Identifier
• Part Two
•
101NBS-More02ChallengesUSPTO /
"Defending
the Source-Identifier
Demonstrations, and ServiceMark
creations from 1898 to 2011, is
easy, it's about both Legal
History &
Money."
•
"SO .
. . Let's not become to
generous!" says Charles Portz,
the WirelessTelephoneOrg's lead
counsel. "We are confident our
Trademark will be validated, and
if it isn't -- we are prepared to
defend our contentions in any
forum."
•
Were they exceeding their USPTO
authority? --
•••
"We believe, they were" said
Charles Portz, the lead attorney
for the WirelessTelephoneOrg
®™©. "Not only does
their assertion of authority go
well beyond any authority
provided by Congress, but the
USPTO theory would jeopardize NBS
WirelessTelephoneOrg's
collections of over $21-Billion
in revenue.
•••
A negative decision could, and
would completely destroy the
separate distinct art, and
science by U.S. innovators, and
the loss of the trademark
"Wireless Telephone" owned by the
Wireless Telephone Organization,
(WirelessTelephone.Org) --
since 1902, would create an
uncertainty, and weakness within
the U.S. communications, iPhone,
and iPhone, CellPhone industry,
and doubt in the minds of
existing iPhone, and/or CellPhone
users."
•••
Demonstrations,
and ServiceMark creations from
1898 to 2011, "is easy,' says
Troy
•••
From 1892 to date, Kentucky,
Washington, D.C. Philadelphia,
California, China, and Germany
were the NBS Wireless Telephone
Organization's favorite location
to sell, demonstrate, and pick-up
a few high-profile witnesses, and
users to ID the dates of
continual sales created by the
assignment of
WiTEL®™©.
•••
The first major Source-Identifier
demonstrations were held in 1902.
Photo Top shows 1907
Patent; Photo 02 shows pre-MSU
campus;
•••
Photo 03
pictures
Nikola Tesla, and GE's
co-founder, Edwin Houston with
NBS, identifying the EMW source
that enabled the Voice-Music to
be transmitted into the
atmosphere -- to and from moving
vehicles, ships, and flying
machines, then back again to a
fixed land-line phone#.
•••
Photo 04 left, pictures
--
Inventor N.B. Stubblefield with
his Wireless
Telephone®™©.
•
2011-1stQUARTER-Jan
•
Troy
Cory-Stubblefield, the grandson
of Nathan,
and
the co-author of 'Bank of
America, The Tortfeasors, and the
'Smart-Daaf Boys" -- says "It's
about Law, History, Fees, and
Greed. The late King of Torts,
attorney," Melvin Belli was the
co-author of the BofA
publication.
Troy
xplains that our nation is
facing a major global do or die
crossroad, "is it all about
"MAKING" money? BUT NO, say the
experts! Only counterfeiters, and
new rules of law -- "MAKE" money,
says Troy. "We need a new
strategy to excite our people in
"EARNING" money. The NBS WiTEL
innovations, along with the
Kingsbury Commitment, moved the
country forward throughout the
20th century, pushing Americans
to succeed and strive for media
commodities they never dreamed
of.
•••
After 1980, to fulfill its USPTO
"source-identifier" obligations,
Globally -- the NBS
WirelessTelephone Organization
commenced introducing its
$-Billion Dollar NBS
WiTEL®™© arts, and
science future -- into various
profitable global markets. •
CLICK
FOR MORE ABOUT THE 1911 U.S.A -
KINGSBURY
COMMITMENT.
•••
The most exciting hits in China,
were NBS WiTEL's smart90's,
"FireWire," -- nbs100's,
speedollars, Area-Codes,
LookRadio.com, VRAtv, and the
Brooke Sisters. The Troy Cory
Show became the distribution arm,
that set up NBS affiliates in
Shanghai, Beijing, Munich, and
back again to Hollywood, and
Murray, Kentucky. The 12,000
student campus of Murray State
University, (MSU), has been
preserving, and continuously
disseminating the NBS
"source-identifier" -- for over
80 years.
 •"The
first major NBS
WirelessTelephoneOrg's --
USPTO ServicMark
®™©
--
registries came in 1898, 1907,
1912, and through 2010 in the
form of ® Patents, ™ and
copyrighted "Smart-Daaf Boys"
publications, respectfully,
--said "MARK" Anderson. He
explains that throughout its
history America's media
innovators and --entrepreneurs
have been the drivers of the
U.S.A.'s economic success. It
appears to me . . . we can only
preserve the American Dream by
doing what we do best --doing
things better, "by making a WRONG
. . . RIGHT." Some say . . . it's
just good business sense.
•
Throughout my media career as a
performer,
and as
head of the NBS Wireless
Telephone.Org, explained Troy, "I
have always found that it depends
on what role you're playing in
front of a live audience -- with
the camera rolling." What if
America lost most, if not all of
the $21-Billion worth of of
WiTEL®™© high-tech
intellectual property rights to
China? Would the deal include the
Asian Area Code phone numbers,
now under the jurisdiction of
America?
•
"But
again, let's not become too
generous!" says Houston attorney,
Charles Portz, --
-- "We are confident
our Trademark will be validated,
and if it isn't -- we are
prepared to defend our
contentions in any forum."
•••
In other words explains Portz, --
"should the USPTO wish to once
again seize any one of our NBS
"Wireless
Telephone®™©"
intellectual property rights,
like the NBS - EMW spectrums were
in 1911, by Regulatory Seizure,
(the Kingsbury Commitment).
•••.Under
U.S. Article 5 of the U.S.
Constitution, payment should have
been made to NBS, for the RF
spectrums seized. "Wallkie
Talkies, (without phone numbers)
-- were the big telecom hits of
both World War One, and Two" --
continued Portz.
///
 Extending
the Wireless Telephone of
America's Goods, Products &
Services with a Flying Machine!
Click for RFpatent
drawings
Photo
Imgag665. Prove to yourself
that it was the 1908 NBS
Wireless. CLICK FOR LARGER IMAGE
Nathan02
----
Telephone®™©
patented invention, that made it
possible to first broadcast and
receive voice and music without
wires from your Home, Automobile,
Ships and from Trains. A Nathan
Stubblefield "Wireless
Telephone®™©" --
had the ability to extent the
broadcast to anyone around the
world that was connected to the
Bell and AT&T's landline
telephony system. Please note the
horse carriage and telephone
poles in the Patent drawing. At
the time, there were no
automobiles.
•••
• The Memory Twist? •
Q. Is This Another AT&T, GE,
RCA, or Bell Monopoly Deal?
•••
• Answer: CLICK
FOR MORE ABOUT THE 1913 U.S.A -
KINGSBURY
COMMITMENT.
•
106NBS More Challenges USPTO
Ruling-01 ?
CLICK
Below FOR MORE Smart90.com.
•••
Smart90 is the Internet media
distributor for the Wireless
Telephone®™©
organization. Each web-site is
part of our continuous daily
commercial-academic publications.
CLICK
FOR MORE NBS100.com TimeLines -
FREE!
(01)
NB
Stubblefield Pat02
Auto.htm
(02) NBS100
Stubblefield Pat03
Train.htm
/
(03) Smart90.com
stubblefield
(04) Smart90.com/nbs100/NBS100reportK.htm#1892
/
(05) Smart90.com/timeline/
• CLICK
FOR MORE
1902
STORY.
///
••
102-106 The Kingsbury Commitment
1913
/
• • • • • • •
The
Kingsbury Commitment of 1913
formalized AT&T's monopoly.
The Bell System and Independent
telephone companies reduced
competition out of concern for
government intervention. The
government had been increasingly
worried that AT&T and the
other Bell Companies were
monopolizing the
industry.
••• Under
Theodore N. Vail from 1907
AT&T had bought
Bell-associated companies and
organized them into new
hierarchies. AT&T had also
acquired many of the
independents, and bought control
of Western Union, giving it a
monopolistic position in both
telephone and telegraph
communication. A key strategy was
to refuse to connect its long
distance network --
technologically, by far the
finest and most extensive in the
land -- with local independent
carriers. Without the prospect of
long distance services, the
market position of many
independents became untenable.
Vail stated that there should be
"one policy, one system
[AT&T's] and
universal service, no collection
of separate companies could give
the public the service that
[the] Bell... system
could
give."
••• AT&T's
strategies prompted complaints
and attracted the attention of
the Justice Department. Faced
with a government investigation
for antitrust violations,
AT&T entered into
negotiations.
••• In
the Kingsbury Commitment,
actually a letter from AT&T
Vice President Nathan Kingsbury
of December 19, AT&T agreed
with the Attorney General to
divest itself of Western Union,
to provide long distance services
to independent exchanges under
certain conditions and to refrain
from acquisitions if the
Interstate Commerce Commission
objected.
••• The
Commitment did not settle all the
differences between independents
and Bell companies and averted
the federal takeover many had
expected. However the Commitment
played into AT&T's hands -
the company was allowed to buy
market-share, as long as it sold
an equal number of phones.
Critically, while with the
Kingsbury Commitment, AT&T
agreed to connect its long
distance service to independent
local carriers, it did not agree
to interconnect its local
services with other local
providers. Nor did AT&T agree
to any interconnection with
independent long distance
carriers.
••• Consequently,
AT&T was able to consolidate
its control over both the most
profitable urban markets and long
distance traffic. Between 1921
and 1934, the ICC approved 271 of
the 274 purchase requests of
AT&T.
••• WikiPedia
notes, that the entire network
was nationalized during World War
I from June 1918 to July 1919.
Following re-privatization,
AT&T resumed its
near-monopoly position. In 1934,
the government acted to set
AT&T up as a regulated
monopoly under the jurisdiction
of the Federal Communications
Commission. This was maintained
until AT&T's divestiture in
1984.
•
CLICK
FOR MORE 102-S90
STORY
///
•
106 Patent Infringement -
DishVsTiVo
Dish
lawsuit against TiVo is
reopened•••
•••Dish
Network Corp., the
satellite-television provider
formerly known as EchoStar
Communications Corp., won a
ruling in Texas that reopens a
2005 patent-infringement lawsuit
filed against TiVo
Inc.•••
•••The
suit as been on hold for four
years while the U.S. Patent and
Trademark Office re-examined, at
TiVo's request, whether three
EchoStar inventions related to
digital video recorders should
have received patents.
•
CLICK
FOR MORE TiVO 106-s90
STORY
///
•
106 Trademark Violation -
FerrariVsFord
Ford
sues Ferrari over
tradmark•••
•••Ford
Motor co. has sued Ferrarii in
Detrot federal court, saying the
sports car maker has violated its
trademark over the pickup trucdk
name
F-150.•••
•••The
suit is based on Ferrari's naming
of its new formula 1 racing car
the "F150," and its creating of
the website
www.ferrarif150.com•••
•••Ferrari's
site says "F150" marks the 150th
anniversary of the unification of
Italy.
•
CLICK
FOR MORE F-150TM 106-s90
STORY
///
•
106 VoIP sues Google over
'stealing' of trade
secrets
•••
VoIP Inc., sued Google Inc.,
alleging misappropriation of
trade secrets involving patented
"click to call" technology.
•••
•••
In late 2006 Google introduced
"click to call" which enables a
person to place a telephone call
over the Internet by clicking on
a link, according to the
complaint filed I in the New York
Supreme Court.
•••
In September 2005, Los
Angeles-based VoIP unit VoiceOne
Communications agreed to provide
"click to call" technology to
Google, VoIP said.
•••
In January 2007, Google said it
was terminating the agreement,
citing a purported unauthorized
disclosure that identified Google
as a VoiceOne Customer, according
to the lawsuit.
•
A similar suit brought in July
2009 in Los Angeles Superior
Court was dismissed without
prejudice within five months.
•••
•••
This isn't the first
communications-related suit
brought against the search engine
company, says the NBS Wireless
Telephone Org. In June 2010,
Frontier Communications, a
provider of phone, Internet and
satellite TV services, sued over
Google Voice, a service that
allows users to use one number to
connect to their multiple phones.
Frontier accused Google of patent
infringement on its inventions.
That case is still pendingi n the
District Court of Delaware.
•
CLICK
FOR MORE VoIP 166-s90
STORY
///
 •
106-Palin
USPTO Trademark Request Rejected.
Why? "Sarah Palin's
T-Parties" / "The Bristol Dance
Step"
•••
The
former Alaska governor Sarah
Palin's bid to trademark both her
name and that of her daughter
Bristol ran into trouble
at the U.S. Patent and Trademark
Office (USPTO) because the
the application forms were not
signed, government records
show.
•••
"Everybody's
Name is sort of their brand, and
once it gets associated with
goods or services, then it
functions as a trademark," says
Seattle lawyer Marshall J.
Nelson. Once a name is
trademarked, it gives the holder
additional remedies to recover
profits and damages if someone
uses the name
inappropriately.
•••
That
holds true for politicians
as well as
entertainers.
•••
"The
fact that you happen to be a
political figure certainly
doesn't prevent you from
identifying your name in
connection with your products,"
Nelson reported to the press,
noting that one of the earliest
trademarks in U.S. history was
granted to Paul Revere for his
pots and pans -- something that
lives on today with Revere
cooking products.
•••
Both
of the Palins' trademark
applications state: "The mark
consists of standard characters,
without claim to any particular
font, style, size, or color."
•
Sarah Palin listed usage of the
trademark? ---
Palin
cited -- a InterNet Website
featuring information about
political elections; political
issues; and educational and
entertainment services, including
motivational speaking in the
fields of politics, culture,
business and values.
•
The Next step after paying the
$360.00 TM Application Fee, is
--
for
the USPTO Office to offer STEP
TWO - proving-up the reasons of
filing, and the commercial value
of said
®™.
The initially denying the
application-- IS PART of the
routine, - seeking more
--
information, the USPTO
office noted that neither Palin
signed her application, a
requirement.
•••
The
office also said Sarah Palin's
request under political elections
needed more examples of usage
rather than the submitted a grab
of a Web page featuring a news
article about Fox News hiring her
as a consultant.
•••
The
USPTO is also seeking more
examples of usage of the name for
the political issues section,
other than postings on her
Facebook page. This "does not
show use of the mark as
'providing a website featuring
http://sarahpalin.com/." Rather
the proposed mark merely appears
as a posting name," USPTO
examing attorney Karen K. Bush
wrote. As of Feb. 6th, the
Website reads, "This page
intentionally left blank."
http://www.bristolpalin.com/
includes a video
• Sarah Palin, daughter
Bristol seek to register
trademarks with the USPTO -- on
their names
•••
The
USPTO office is now
seeking additional details for
the Bristol Palin application
submitted in September - 2010, a
contestant on ABC's "Dancing with
the Stars."
• Palin's attorney,
John J. Tiemessen, said Friday,
Feb. 4th, that he has six months
to provide the information.
•••
"We
are preparing to respond to all
their questions for both," he
told The Associated Press by
telephone from his office in
Fairbanks.
••• He
said he couldn't disclose the
reasons why both applied for
trademarks because of
attorney-client privilege.
••• But
Seattle lawyer Marshall J.
Nelson, is with the firm Davis
Wright Tremaine LLP, says it's
not that unusual for entertainers
to trademark their names.
•
The
former Alaska governor and 2008
Republican vice presidential
candidate for the president of
the U.S. - was thrust into the
national spotlight shortly after
Sen. John McCain, R-Ariz., picked
Palin as his running mat, and
Palin announced her unwed,
teenage daughter was
pregnant.
•••
She
has since become a spokeswoman
for an organization that seeks to
motivate young people to prevent
teen pregnancy. Her trademark
application cited motivational
speaking services in the field of
life choices.
•••
The
younger Bristol Palin's
appearance on a panel discussing
abstinence at Washington
University in St. Louis was
canceled this month after
students expressed outrage she
would be paid from
student-generated
funds.•
•••
The
federal office is seeking more
information and examples of
usage. The USPTO office said,
"Please note this refusal will be
withdrawn if applicant provides
written consent from the
individual identified in the
applied-for
mark."
•••
The
office also explained that
Palin's application failed to
show that her name had been used
in commerce and that it could
also be rejected on those
grounds. CLICK
FOR MORE
PALIN S90
STORY
///
•••
•
106 - Bank of America Corp
Collections,
and
the "ONE SATISFACTION
RULE."
•••
BofA
appointed on Friday Feb 4th, a
new foreclosure, loan
modifications, and collection
division. The new unit will
oversee "Problem Loans" in a bid
to sort out its ongoing
foreclosure, and Title issues,
becoming the first large U.S.
bank to do so, especially after
the Country-Wide buyout.
•••
The new
unit creates a seventh major
division at the bank reporting
directly to Chief Executive Brian
Moynihan, an indication that the
largest U.S. mortgage servicer is
attempting to be more aggressive
in resolving its problem loan
portfolio.
•••
Analysts
said the move is a signal that
major U.S. mortgage lenders have
not yet turned the corner on
dealing with the problem home
loans on their books.
•••
"This is a
significant step. If Bank of
America has these issues, what
kind of problems does everyone
else have?" said Matt McCormick,
a Cincinnati-based portfolio
manager at Bahl & Gaynor
Investment Counsel Inc.
•••
The change
splits the bank's mortgage
business into two parts: one
focused on current and new
mortgages, and the other on
property we now have title, by a
forclosure that are not covered
BY the "ONE SATISFACTION
RULE."
•••
Bank of
America, the largest U.S. bank by
assets, named Terry Laughlin to
oversee the new unit, called
legacy asset servicing. The
division will have roughly 30,000
employees.
•••
The new
unit will manage foreclosures and
loan modifications, and will work
to resolve mortgage repurchase
claims from investors, not
covered BY the "ONE SATISFACTION
RULE.".
•••
Last fall,
when the FTC's Red Flag,
anti-theft prevention act came
into play, the bank temporarily
suspended foreclosures after
critics alleged the industry cut
corners on foreclosure paperwork
and used so-called robo-signers,
employees who signed thousands of
foreclosure notices without
reviewing the documents.
CLICK
FOR MORE 106pa s90
Story
///
•
106p •
106 Wireless Telephone™USPTO
the $-21Billion
Question
•
101NBS-More02 Challenges USPTO
History & Fees
1•
101 NBS Challenges USPTO
Ruling-01
• 106 The NBS
WirelessTelephone.Org Challenges
USPTO
Ruling.
••••••
The Politics of Washington D.C.
has rarely seen a
SmartDaafBoys.com photo or NBS
documentary it didn't like. Ever
since Nathan B. Stubblefield
bombarded music and voices into
the air around and over the
Potomac River in 1902, the users
of today's smartphone have been
most willing to put up with his
WiMax187 cellphone towers, and
paying the $90.00 per month phone
bill.
•••
Even with the massive on-line
traffic jam vista that go along
with a Google smartphone,
searching PhoneNumber.com for
NBS100.com's latest SinTrends.com
News, doesn't seem to bother the
User . . . yet."
• But that was before the
American 100-year-old media
company -
- came forward with it's
$21-Billion US dollars in charges
to its TeleCom users, and its
plan to file its September 2010,
USPTO Applications; the $-Billion
NBS, "Wireless
Telephone®™©"
TradeMark upgrade, and Patent
pending status for it's unique
WiTEL Global Stubbyte ID Theft
System.
•
Based on the newly activated
FTC's Red Flags
Anti-ID theft Rules
--
as of June, 2010, "the NBS
Wireless
Telephone®™©
will become the $-Billion iconic
ServiceMark Organization which
people worldwide will want to be
part of -- because of its
"separate and distinct" WiFi-187
coolness," says "MARK" Anderson,
the CEO of the PSI group. The
short name for the 104-year-old
"company" and its U.S. trademark
is WiTEL®™©. The
global ®™ www names are:
WiTel.com, WiMax187.com, and
WirelessTelephone.Org. All are
ICANN registries.
•••
The by-product, "the ABCees" of
WiTEL, (compona elements, and
effects) created by the arts and
science established the distinct
and separate components of
today's Wireless
Telephone®™© --
have long dominated the thoughts
and actions of many American
companies. Bill Gates, and Paul
Allen of Microsoft; Steve Jobs of
Apple; and Larry Page and Sergey
Brin of Google are a few of those
Americans who earned $Billions.
But that has started to change.
China has Baidu.com, and Germany
has Google.de.
• Imagine, explains Troy
Cory-Stubblefiield -- "the USPTO"
finally
telephoned."
•••
The unexpected "generic" move
took place when they set the 20th
day of January for a telephonic
meeting with the principals of
the WirelessTelephoneOrg. Their
intentions? "To explain the
reasons, as to why they should,
or should not decline the
granting of our "104-year-old
Wireless
Telephone®™©
trademark and logo."
• During the course of
the telephonic meeting --
"it was quite obvious I
wasn't talking to WITEL achievers
like, Steve Jobs or Larry Page of
Apple or Google," said Troy. Each
one of the three USPTO examining
attorneys, Aneeta Jordan, John
Lincoski, and Nicholas A.
Coleman, expressed their desires
to take away the art and science,
and monetary authority the
Wireless
Telephone®™©
TradeMark provided NBS.
•••
The existing 104-year-old NBS
TradeMark could become extinct,
only if and when . . . by
enacting their "generic
phraseology theory." Anderson
explains their theory would in
essence -- "jeopardize NBS's
current $21-Billions of Dollars
in revenue receivables, by
USPTO's name seizure."
•
101NBS-More02ChallengesUSPTO /
"Defending the
Source-Identifier
• Part Two
•
Were they exceeding their USPTO
authority? --
•••
"We believe, they were" said
Charles Portz, the lead attorney
for the WirelessTelephoneOrg
®™©. "Not only does
their assertion of authority go
well beyond any authority
provided by Congress, but the
USPTO theory would jeopardize NBS
WirelessTelephoneOrg's
collections of over $21-Billion
in revenue.
•••
A negative decision could, and
would completely destroy the
separate distinct art, and
science by U.S. innovators, and
the loss of the trademark
"Wireless Telephone" owned by the
Wireless Telephone Organization,
(WirelessTelephone.Org) --
since 1902, would create an
uncertainty, and weakness within
the U.S. communications, iPhone,
and iPhone, CellPhone industry,
and doubt in the minds of
existing iPhone, and/or CellPhone
users."
•••
Demonstrations,
and ServiceMark creations from
1898 to 2011, "is easy, it's
about both History & Fees"
say
Troy.
•••
From 1892 to date, Kentucky,
Washington, D.C. Philadelphia,
California, China, and Germany
were the NBS Wireless Telephone
Organization's favorite location
to sell, demonstrate, and pick-up
a few high-profile witnesses, and
users to ID the dates of
continual sales created by the
assignment of
WiTEL®™©.
•••
The first major Source-Identifier
demonstrations were held in 1902.
Photo Top shows 1907 Patent;
Photo 02 shows pre-MSU
campus;
•••
Photo 03 pictures Nikola Tesla,
and GE's co-founder, Edwin
Houston with NBS, identifying the
EMW source that enabled the
Voice-Music to be transmitted
into the atmosphere -- to and
from moving vehicles, ships, and
flying machines, then back again
to a fixed land-line phone#.
•••
Photo 04 left, pictures --
Inventor N.B. Stubblefield with
his Wireless
Telephone®™©.
•
106NBS More Challenges USPTO
Ruling-01 ?
CLICK
FOR MORE Smart90.com.
•••
Smart90 is the Internet media
distributor for the Wireless
Telephone®™©
organization. Each web-site is
part of our continuous daily
commercial-academic publications.
CLICK
FOR MORE NBS100.com TimeLines -
FREE!
(01)
NB
Stubblefield Pat02
Auto.htm
(02) NBS100
Stubblefield Pat03
Train.htm
/
(03) Smart90.com
stubblefield
(04) Smart90.com/nbs100/NBS100reportK.htm#1892
/
(05) Smart90.com/timeline/
•
CLICK
FOR MORE USPTO 101 S90
STORY.
•
Troy Cory-Stubblefield, the
grandson of Nathan, explains
--
•••
that our nation is facing a major
global do or die crossroad, "is
it all about "MAKING" money?
•••
No, say the experts! Only
counterfeiters, and new rules of
law -- "MAKE" money, says Troy.
"We need a new strategy to excite
our people in "EARNING" money.
The NBS WiTEL innovations, along
with the Kingsbury Commitment,
moved the country forward
throughout the 20th century,
pushing Americans to succeed and
strive for media commodities they
never dreamed of.
•••
After 1980, to fulfill its USPTO
"source-identifier" obligations,
Globally -- the NBS
WirelessTelephone Organization
commenced introducing its
$-Billion Dollar NBS
WiTEL®™© arts, and
science future -- into various
profitable global markets.
•
CLICK
FOR MORE ABOUT THE 1911 U.S.A -
KINGSBURY
COMMITMENT.
•••
The most exciting hits in China,
were NBS WiTEL's smart90's,
"FireWire," -- nbs100's,
speedollars, Area-Codes,
LookRadio.com, VRAtv, and the
Brooke Sisters. The Troy Cory
Show became the distribution arm,
that set up NBS affiliates in
Shanghai, Beijing, Munich, and
back again to Hollywood, and
Murray, Kentucky. The 12,000
student campus of Murray State
University, (MSU), has been
preserving, and continuously
disseminating the NBS
"source-identifier" -- for over
80 years.
•"The
first major NBS
WirelessTelephoneOrg's --
USPTO ServicMark
®™©
--
registries came in 1898, 1907,
1912, and through 2010 in the
form of ® Patents, ™ and
copyrighted "Smart-Daaf Boys"
publications, respectfully,
--said "MARK" Anderson. He
explains that throughout its
history America's media
innovators and --entrepreneurs
have been the drivers of the
U.S.A.'s economic success. It
appears to me . . . we can only
preserve the American Dream by
doing what we do best --doing
things better, "by making a WRONG
. . . RIGHT." Some say . . . it's
just good business sense.
•
Throughout my media career as a
performer,
and as
head of the NBS Wireless
Telephone.Org, explained Troy, "I
have always found that it depends
on what role you're playing in
front of a live audience -- with
the camera rolling." What if
America lost most, if not all of
the $21-Billion worth of of
WiTEL®™© high-tech
intellectual property rights to
China? Would the deal include the
Asian Area Code phone numbers,
now under the jurisdiction of
America?
•••
"But let's not become too
generous!" says Charles Portz,
the WirelessTelephoneOrg's lead
counsel. "We are confident our
Trademark will be validated, and
if it isn't -- we are prepared to
defend our contentions in any
forum."
•••
In other words explains Portz, --
"should the USPTO wish to once
again seize any one of our NBS
"Wireless
Telephone®™©"
intellectual property rights,
like the NBS - EMW spectrums were
in 1911, by Regulatory Seizure,
(the Kingsbury Commitment).
•••.Under
U.S. Article 5 of the U.S.
Constitution, payment should have
been made to NBS, for the RF
spectrums seized. "Wallkie
Talkies, (without phone numbers)
-- were the big telecom hits of
both World War One, and Two" --
continued Portz.
///
•••
• The Memory Twist?
•••
• Q. Is This Another
AT&T, GE, RCA, or Bell
Monopoly Deal?
•••
• Answer: CLICK
FOR MORE ABOUT THE 1913 U.S.A -
KINGSBURY
COMMITMENT.
///
•101•
106NBS-More02ChallengesUSPTO /
"Defending the Source-Identifier
Demonstrations, and ServiceMark
creations from 1898 to 2011, is
easy, it's about both History
&
Fees."•
102NBS-More02ChallengesUSPTO
•
"But
let's not become to generous!"
says Charles Portz, the
WirelessTelephoneOrg's lead
counsel. "We are confident our
Trademark will be validated, and
if it isn't -- we are prepared to
defend our contentions in any
forum."
•
CLICK
FOR MORE USPTO 101 S90
STORY
/
•
CLICK
FOR MORE
1902
STORY
///
04
•
106The Kingsbury
Commitment
1913
/
The
Kingsbury Commitment of 1913
formalized AT&T's monopoly.
The Bell System and Independent
telephone companies reduced
competition out of concern for
government intervention. The
government had been increasingly
worried that AT&T and the
other Bell Companies were
monopolizing the
industry.
••• Under
Theodore N. Vail from 1907
AT&T had bought
Bell-associated companies and
organized them into new
hierarchies. AT&T had also
acquired many of the
independents, and bought control
of Western Union, giving it a
monopolistic position in both
telephone and telegraph
communication. A key strategy was
to refuse to connect its long
distance network --
technologically, by far the
finest and most extensive in the
land -- with local independent
carriers. Without the prospect of
long distance services, the
market position of many
independents became untenable.
Vail stated that there should be
"one policy, one system
[AT&T's] and
universal service, no collection
of separate companies could give
the public the service that
[the] Bell... system
could
give."
••• AT&T's
strategies prompted complaints
and attracted the attention of
the Justice Department. Faced
with a government investigation
for antitrust violations,
AT&T entered into
negotiations.
••• In
the Kingsbury Commitment,
actually a letter from AT&T
Vice President Nathan Kingsbury
of December 19, AT&T agreed
with the Attorney General to
divest itself of Western Union,
to provide long distance services
to independent exchanges under
certain conditions and to refrain
from acquisitions if the
Interstate Commerce Commission
objected.
••• The
Commitment did not settle all the
differences between independents
and Bell companies and averted
the federal takeover many had
expected. However the Commitment
played into AT&T's hands -
the company was allowed to buy
market-share, as long as it sold
an equal number of phones.
Critically, while with the
Kingsbury Commitment, AT&T
agreed to connect its long
distance service to independent
local carriers, it did not agree
to interconnect its local
services with other local
providers. Nor did AT&T agree
to any interconnection with
independent long distance
carriers.
••• Consequently,
AT&T was able to consolidate
its control over both the most
profitable urban markets and long
distance traffic. Between 1921
and 1934, the ICC approved 271 of
the 274 purchase requests of
AT&T.
••• WikiPedia
notes, that the entire network
was nationalized during World War
I from June 1918 to July 1919.
Following re-privatization,
AT&T resumed its
near-monopoly position. In 1934,
the government acted to set
AT&T up as a regulated
monopoly under the jurisdiction
of the Federal Communications
Commission. This was maintained
until AT&T's divestiture in
1984.
•
CLICK
FOR MORE 102-S90
STORY
///
• 106p "The First Sale
Doctrine" - Omega vs. Costco
•••
Servicemarked items with a
registered ®™©
symbol after a U.S.A. Logo made
in the U.S.A. the name of USAins,
goods, products, and services are
the items that is causes a
infringement problem in America.
The rules of registering a
Copyright, Trademark, or Patent,
says a recent court
order.
•••
In the Omega vs. Costco case
ruling, it was ordered that the
law applies only to items
purchased inside the U.S. only,
not made. Still
confused?
•••
In the maker/sales ruling between
Omega against Costco, the the
U.S. 9th Circuit decision ruled
against Costco, regarding resale
rights. Still confused?
• The "First Sale"
Copyright Doctrine Law gives
publishers like --
Record labels and other
creators unusual loosely control
over the works they produce. BUT
. . . It also includes an
important balancing principle:
Much of that control BLEACHES OUT
OF CONTROL . . . once a work has
been sold . . . it leaves"first
sale" buyers free to resell,
rent, lend or give away their
purchases. This "first sale"
doctrine provides a crucial legal
umbrella for libraries and
secondhand stores, to name just a
few of the
beneficiaries.
•
The
"First Sale" Copyright Law
Doesn't Apply to --
items purchased outside the
U.S. The doctrine has been
undermined, however, by new
technology and court rulings. One
example of the latter is the U.S.
9th Circuit Court of Appeals'
decision that the first-sale rule
doesn't apply to items purchased
outside the U.S. An appeal to the
Supreme Court foundered this
week, when the eight justices who
heard the case announced that
they were irrevocably
splitorder.
•••Did
Costco of violate a LOGO TM
provision in the 1976 Copyright
Act --
that bars the unauthorized
importation copyrighted works in
quantity manufactured by Omega?
• The watches THEMSELVES had
a copyrighted logo engraved on
the back, giving Omega the legal
basis to sue Costco for
infringement.
• THE COURT RULED THAT: .
. .
no copyrighted product
manufactured outside the U.S. can
be imported without the copyright
owner's permission. The issue was
whether big-box retailer Costco
could sell discounted Swiss Omega
watches obtained from companies
that had purchased them outside
the
U.Sorder.
•
THE WINNER WAS -- Omega!
•
The 9th Circuit agreed with Omega
that this provision trumped the
first-sale doctrine. With limited
exceptions for personal,
nonprofit or governmental
useorder.
•••The
ruling could help manufacturers
of goods, procucts, -- and
services combat "gray market"
imports, allowing folks like --
Omega to lower their prices in
countries with lower incomes,
like China does, without fear of
the goods being shipped out of
one country into another, then
resold at a discount in the
U.S.
•- THE
SOLUTION!.
•••Companies
like Omega doesn't need copyright
law to address that problem.
Omega can resolve there problem
by signing contracts that bar
local retailers from exporting
their inventory to resellers.
DOING WHAT NBS
WiTEL®™© DOES
BEST!.
•••Narrowing
the first-sale doctrine just to
items made in the U.S. encourages
copyright holders to manufacture
their goods, products, and
services, like NBS'
WirelessTelephone.org
WiTEL®™© phone
numbers elsewhere in order to
prevent the sale of used or
redistributed
goods.
•••Those
markets are huge, generating as
much as $60 billion in sales
annually. Libraries, EBay sellers
and many discount NBS Wireless
Telephone®™©
unlicensed retailers also will be
forced to trace the goods they
buy back to the factories just to
avoid being hit with a lawsuit
for unwittingly
infringing.
•••That's
just the sort of expansion of
copyrights the courts should be
guarding against, but they failed
to do so in the Costco case. The
first-sale doctrine is a valuable
counterbalance to copyright
owners' power, and Congress
should make sure that it applies
no matter where the sale is
made.
•
WHEN WILL THE COURT START APPLING
THE BIG -- FTC Red Flags Rules
--
of
June, 2010. The PENALTIES now
imporsed on violators by the FTC
Red Flags Rule, are $3,500.per
event.
•
/NEXT-WiTEL Red-Flag
Checkpoints.
• Ã
CLICK FOR MAIN
106-s90.
 <OK106
FCC-Genachowski108w.jpg.•
106FCC-NAB
and SpectrumsApr2010 /
April-2010. The Turf War between
Congress, Cable, Radio-TV,
WiTEL®™© and the
FCC is explained at NAB-Las
Vegas. Chairman Julius
Genachowski tries to ease NBA
members fears about giving up
airwaves to NBS
WiTEL®™© and Cable
operators.
•• •
The CEO of
NBS WiTEL®™©, Troy
Cory-Stubblefield found serious
problems with the FCC at least
five years ago before the
2006-2008 Auction sales to place
to AT&T, Verizon, and other
Telecoms. The warning showed
little concern - the the problems
of selling Spectrums without
identifying them with
WiTEL®™© phone
numbers to identify each phone
assigned a WiTEL®™©
phone number.
@PUT
CLICK
FOR MORE
STORY-106
OK•
CLICK
FOR MORE tviNews FCC - •
Julius
Genachowski
OK• CLICK
FOR MORE NBA NEWS.
OK•
CLICK
FOR MORE Google Wins Neutrality
FREEBIES over Telcos - AT&T,
etc
///
Ok there
#106GoogleanditsChinaproblem
•
106Google, and its China problem
will it eventually wear
off?
• •
Google
reported -- that it would delay
rolling out in China mobile
applications that run on Android
phones after its Chinese partners
came under government pressure to
pull out of deals with
Google.
•• •
Access to
Google's Hong Kong search site
has been spotty. Google responded
to mounting concerns of business
users of Gmail and other Google
services with a blog post that
offered some technical solutions
that would allow business users
in mainland China to access a
corporate network offshore,
similar to what other businesses
do. @ CLICK
FOR MORE
STORY-106
///
•
106
- Internet Rememberance Day: June
- The World-Wide
WiTEL®™©
-
Remembrance Month Continues
/
One
of the best comeback stories of
the year will make the Radio-TV
industry look better than ever.
 •• •
Look
. . . there's no question about
it! Since1902 - today's
Wireless
Telephones®™© has
grown into a $Billion dollar
SmartPhone Biz. Watching
LookRadio - is like "Radio and
Television," in its original
WiTEL®™© EMW
element form.
•• •
Imagine!
Three elements for the price of
one that includes the all most
important element - "the
WiTEL®™©
ID
phone number," says Mark Anderson
of PSI. "The Wireless
Telephones®™© now
called 3Gs, iPhones, Cellphones,
Mobile phones, or just the one
word, "WiTEL®™©" --
is creating a world-wide
renaissance for those in the
Wireless
Telephones®™©
industry."
•
As for
the 106Google, and its China
Wireless
Telephone®™©
problem -- will it eventually
wear
off?
• Ã
CLICK FOR MORE 106-
wSTORY.
///
•
Put 106w
- The FTC,
Google,
Love Affair With the NBS Wireless
Telephone®™© Love
Affair
PUT
•"106w
HiTech: iPad - "One of FOUR of
the Best Comeback Stories of
2010!"
///
•
106 - FCC Adopts 'Net Neutrality'
Rules in a 3-2
vote
PUT #106ASCAPvsSmartPhoneFees
•
106pa - ASCAP Wins Federal
Service Mark $Fees Ruling . . .
but!
 •
106ASCAPvsSmartPhoneFees
/ • 106pa - ASCAP Wins
Federal Service Mark $Fees Ruling
. . .
but
. . . the court disputes the
method ASCAP calculates royalty
fees due.
•• •The
case involves a dispute over how
much Yahoo Inc. and
RealNetworks Inc. should have to
pay the American Society of
Composers, Authors and Publishers
in royalties for the ability to
stream music on their websites. .
okw
• CLICK
FOR MORE ASCAP-w106pa
tviNews.
///
-
FCC on Dec 21st 2010, Adopts 'Net
Neutrality' Rules
 •
106p - FCC on Dec 21st 2010,
Adopts 'Net Neutrality' Rules in
a 3-2
vote
/
•
FCC,
FTC GET tough RED-FLAG USPTO
THEFT
•••
•- On Tuesday, Dec. 21,
2010, the Federal Communications
Commission Chairman Julius
Genachowski layered compromise
upon compromise to get the
commission to adopt its 'net
neutrality' rules 3-2 . . . along
party lines. The new rules, bar
high-speed copper wire, and fiber
land-lines and airwaves, i.e. the
"Big Five" Telcom owners -- from
favoring their services over
U.S.A. vContent, and Search
engine competitors like Google,
and Yahoo.
•••
•- "It should be noted for
future journalistist use, "that
the new FCC rules apply only to
how data is transmitted, NOT what
within that data, and by the way,
"Merry Christmas." says a
spokesman from WTQCA, in
Universal City.
Ã
½-
CLICK FOR MORE Story
106-s90
///
•
½ 106 Dec13 2010 Updates
•106paViacomappealsYouTube.
•
106pa-
Viacom vs YouTube - Viacom
Appeals Copyright Infringement
Ruling/ P- 1 / • 106pa-
Viacom vs YouTube - Viacom
Appeals Copyright Ruling •
P- 1
/
•••
- Owner of Paramount and MTV
asserts that the video site's
founders operated outside legal
bounds to build traffic quickly
so they could sell the site for a
huge sum. YouTube owner Google
vows to fight the appeal.
•••
- Media giant Viacom Inc. has
challenged a June ruling that
video website YouTube did not
violate federal copyright laws
when it allowed users to upload
thousands of pirated clips to the
wildly popular site.
•••
- In a 72-page appeal filed
Friday, Viacom asserted that
YouTube's founders aggressively
operated outside legal bounds in
an effort to build traffic
quickly so they could sell the
site for a huge sum. Google Inc.
bought YouTube in October 2006
for $1.65 billion.
•••
- The stakes are high. Media
industry executives view Viacom's
copyright infringement lawsuit,
filed three years ago, as an
important case to establish
ground rules to protect the
digital distribution of
copyrighted material.
•••
- Viacom, which owns movie studio
Paramount Pictures and popular
cable TV channels including MTV,
Comedy Central and Nickelodeon,
worries that its businesses would
suffer if Internet sites have
little incentive to safeguard
against the use of other
companies' copyrighted
content.
•••
- Viacom maintained that, if
allowed to stand, the district
court ruling would "severely
impair, if not completely
destroy, the value of many
copyrighted creations."
•••
- The media company had demanded
more than $1 billion in damages.
But U.S. District Judge Louis
Stanton of the Southern District
of New York ruled against Viacom
in June, determining that YouTube
operated within a "safe harbor"
provision of the Digital
Millennium Copyright Act because
it promptly removed pirated
videos after being notified of a
violation.
•••
- At the time, Internet advocates
hailed Stanton's ruling as an
affirmation of free expression
and the growth of the Internet.
Viacom wanted to enforce a system
in which YouTube and other video
websites would have to determine
who owned the rights to material
before it was posted.
•••
- Viacom believes Stanton
misinterpreted the Digital
Millennium Copyright Act, and it
provided internal YouTube e-mails
to illustrate that YouTube's
founders were aware of the
rampant piracy. The media company
alleged that YouTube allowed
clips to be posted from "The
Daily Show," "MTV Cribs," "South
Park" and other professionally
produced shows to help build
interest in the site.
•••
- Viacom offered several e-mails
as examples of YouTube's
practices, including one in which
a YouTube founder instructed
colleagues to "Concentrate all of
our efforts in building up our
numbers as aggressively as we can
through whatever tactics, however
evil." Current owner Google Inc.
has said it has taken steps to
monitor the site and initiated a
content identification system to
more effectively ferret out
copyrighted works.
•••
- "We regret that Viacom
continues to drag out this case,"
Google said in a statement. "The
court here, like every other
court to have considered the
issue, correctly ruled that the
law protects online services like
YouTube, which remove content
when notified by the copyright
holder that it is unauthorized.
We will strongly defend the
court's decision on appeal."
•••
- Google has said it has spent
$100 million to defend against
the suit. Viacom recently hired
former U.S. Solicitor Gen. Ted
Olson to help guide its
appeal.
•
CLICK
FOR MORE Viacom Appeals -
tvinews+106+
•
CLICK
FOR MORE Viacom LEGAL ACTIONS
•
CLICK
FOR MORE LEGAL
ACTIONS
--
•
106TheEye4EyeVsMicrosoftcase
• In The so-called Eye4Eye
law suit against Microsoft, i4i
Wins $300 million in
damages from
Microsoft.
•
• •
• Is
the USPTO issuing Patents that
have not been tested as a
reality? or maybe . . the USPTO
is there to issue Patents to
anyone for any unknown reason? or
as Apple explains it, is the
USPTO issuing Patents that are
not valid?
•
• •
• The
U.S. Supreme Court will consider
making some patens more
vulnerable, (like i4i - "eye4eye"
vs Microsoft) -- to legal
challenge, by agreeing to hear
Microsoft Corp.'s appeal like in
the "i4i" case that forced
changes in ("Microsoft's") --
Word software which may cost
Microsoft -- $300 million in
damages to
"i4i."
•
• "Microsoft
is fighting the $300-Million+
verdict won by the closely held
"i4i" Canadian Company -- "with
vigor," says the Federal appeals
court, in Tyler, Texas. Patent
cases are under the jurisdiction
of The U.S. District Courts.
•
•
Courts
that handle cases like the
("eye4eye" vs Microsoft case) --
are said to be hard on those
internet software companies that
are being accused of Service Mark
®@© theft -- like
Microsoft, Apple, and others like
Google, and
Yahoo.
•
• It's
like in the days of the early
1900s, when everyone in
wired-wireless in the U.S. -- was
trying to connect the world to
Marconi's wireless telegraphy,
and NBS's Wireless telephony
systems. The world's largest
software maker has support in its
appeal from more than a dozen
companies, including Apple Inc.
and Google
Inc.
•
• Apple
told the justices that the patent
system "is tilting out of
balance," giving disproportionate
power to people who secure
patents of questionable
legitimacy.
•
• Microsoft
clarifies Apple's legal argument
by stating that such a patent
like "i4i's, should have never
been issued . . . and is invalid.
•
CLICK
FOR MORE - tvinews+106+ •
/
"
CLICK
FOR MORE LEGAL ACTIONS
--
• 106 - Today's
Patent Mess - By - Mark
Anderson
/
•
106pa - ASCAP Wins Federal
Service Mark $Fees Ruling . . .
but!
• 106pa
- Microsoft Sues Motorola For
Patent THEFT
•
106pa
- PAUL ALLEN SUES FaceBook for
ServiceMark
Theft.
•
106pa - "The Red Flag Rule - Will
it Prevent Phone Number ID
Theft?"
• 106pa
- Google Sues U.S.A to break
Microsofts Monopoly for e-mail
Contract
///
•
106OracleVsSAPwinsServiceMarkLawSuit
• 106
- Oracle awarded $1.3-Billion in
copyright infringement
suit
 •••
A federal
jury in Oakland delivers the
judgment against German business
software maker SAP in a case that
began in
2007.
•••
Oracle
Corp. won a $1.3-billion verdict
Tuesday in a lawsuit in which it
alleged that German business
software maker SAP infringed on
the copyright of the Redwood
Shores, Calif.,
company.
•••
The
verdict in the high-profile
federal court case is one of the
largest ever for copyright
infringement. The eight-person
jury in Oakland awarded the
damages one day after the
companies presented closing
arguments.
•••
Oracle
sued SAP in 2007 claiming that
SAP's now-defunct U.S. business
software unit, TomorrowNow,
illegally downloaded Oracle
software and documents to support
Oracle's customers. SAP bought
TomorrowNow in 2005 and closed it
in
2008.
•••
SAP did
not contest that it was liable
for the infringement, but
estimated that it owed $28
million to $41 million to Oracle.
Oracle, however, claimed that SAP
owed as much as $3
billion.
•••
"For more
than three years, SAP stole
thousands of copies of Oracle
software and then resold that
software and related services to
Oracle's own customers," Oracle
President Safra Catz said. The
trial, she said, "made it clear
that SAP's most senior executives
were aware of the illegal
activity from the very
beginning."
•••
An SAP
spokesman said the company was
"disappointed" by the verdict and
"will pursue all available
options."
•••
"This will
unfortunately be a prolonged
process, and we continue to hope
that the matter can be resolved
appropriately without more years
of litigation," spokesman Saswato
Das said.
•
CLICK
FOR MORE Oracle @ - tvinews+106+
•
/ • Click
for Anderson Theft of Services
Story
/ / • Click
for Paul Allen Theft of Services
suit
/
///
•
DateMark
•106govVsBruceKaratztrial
• 106 Sintrends: Former KB
Home CEO Bruce Karatz
sentenced
 •
The highly watched
Options-Backdating Fraud Case --
brought on an Eight months of
house arrest for the former KB
Home CEO chief, Bruce Karatz.
http://www.smart90.com/wtqca.com/authority.htm
U.S.
Federal District Judge Otis D.
Wright II --
also sentenced Karatz
to five years' probation., and
fined the former executive $1
million and ordered him to
perform 2,000 hours of community
service.
After the
former KB Home CEO chief, Bruce
Karatz --
was sentenced in Los
Angeles, Karatz kissed his wife,
Lilly Tartikoff, and embraced
relieved supporters who included
his KB founder and billionaire
Eli Broad, former Los Angeles
Mayor Richard J. Riordan and
Father Greg Boyle, director of
gang intervention program
Homeboy.
• The Options-Backdating
Fraud Case --
ruined Karatz.
His 20-year run as chief
executive of home-building giant
KB Home was derailed by
allegations that he manipulated
the value of stock options, was
sentenced on November10, 2010, to
five years' probation, including
the eight months of house
arrest.
•••
•- Wright rejected
prosecutors' request for a
lengthy prison sentence, noting
that there was no evidence that
the crimes damaged KB Home or its
shareholders.
•••
•- Karatz, 65, was convicted
in April on charges that he lied
about the Westwood-based
company's practice of backdating
options.
•••
•- Prosecutors said the
misinformation was given to KB
accountants and also appeared in
a 2006 quarterly report filed
with the Securities and Exchange
Commission.
•••
•- In a brief statement to
the judge before the sentence was
imposed, Karatz said the criminal
prosecution "has been the most
difficult time of my life." He
did not apologize.
•••
•- Karatz is one of the most
prominent corporate executives to
be prosecuted in the government's
long-running crackdown on options
backdating and one of the few to
be convicted.
• Only a handful have
received prison sentences.
•••
•- A federal probation
officer had recommended the
sentence that Wright imposed,
saying he was swayed by Karatz's
long history of philanthropy,
previously clean record and the
lack of a financial loss.
•••
•- "It was distressing to
read the tone of the government's
remarks," Wright said. "I think
it was mean-spirited and it was
beneath this office.
•••
•- "I and every other
federal judge took an oath that
we will administer justice and do
equal right to the poor and the
rich.
•••
•- Under the sentence,
Karatz will spend eight months
confined to his Bel-Air mansion
while monitored by a global
positioning satellite device.
•••
•- He declined to comment
about the sentence. Defense
attorney John Keker said no
decision had been made on
possibly appealing the
conviction.
Karatz served as KB Home's
chief from 1986 to 2006,
guiding the company to
significant growth and
profitability and becoming one of
the highest-paid executives in
the U.S., earning an estimated
$40 million a year.
•••
•- During that time, the
company's revenue grew to $11
billion from $491 million and its
workforce swelled to 7,000 from
500.
•••
•- He resigned in 2006 under
increasing pressure from
investigations into the company's
handling of stock options, a
common form of compensation.
• The Backdating Options
Deal -
gave employees the option to
buy a set amount of stock at a
set price -- usually the closing
price on the date they're
granted.
•••
•- If the stock price rises,
employees can exercise their
option to buy at the lower price
and then sell at the current
price for a profit.
•••
•- Companies are allowed to
make the options more valuable by
backdating them to dates when the
stock price was lower, as long as
they acknowledge it in public
disclosures.
•••
•- KB did not make those
disclosures and ultimately
restated earnings to reflect its
past backdating.
• After his resignation,
Karatz paid more than --
$7 million in fines and
restitution to KB to resolve a
lawsuit filed by the SEC. In his
statement to the judge, Karatz
said he planned to continue
working with Homeboy Industries,
helping the financially troubled
organization raise funds.
•••
•- Boyle praised the judge
and said he looked forward to a
long relationship with
Karatz.
•••
•- "Every single day, he's
there, at Homeboy Industries
helping out," Boyle said.
•••
•- "He's a great man, and
this was a just result."
• CLICK
FOR MORE - tvinews+106+
•
•106govVsBruceKaratztrial
• 106 Sintrends: Former KB
Home CEO Bruce Karatz
sentenced
///
•
106
Google Sues U.S.A to break
Microsofts Monopoly for e-mail
Contract
 P
- 1 / •
• 106Google
Sues U.S. to break Microsofts
Monopoly / P - 1
/.
••-
Google Inc. - is suing U.S. to
break the Software monopoly,
rival Microsoft Corp, and Adobe
has on the U.S. Government.
Google, the U.S. Department of
the Interior for allegedly
excluding Google's bid to provide
its e-mail system.
••-
Google sues U.S. over bidding for
e-mail contract
•- The
David Sarno report for the LA
Times reads that: Google's
lawsuit alleges the Interior
Department stacked the deck in
favor of Microsoft's e-mail
system.
••-
Google Inc., pushing to expand
its e-mail and cloud computing
business, took the federal
government to court to change a
bidding process that it said
stacks the deck in favor of rival
Microsoft Corp.
••-
Google, which has been battling
Microsoft across the country to
gain a foothold in the
$20-billion office software
market, sued the U.S. Department
of the Interior for allegedly
excluding Google's bid to provide
its e-mail system for the
agency's 88,000 employees.
••-
According to the lawsuit, the
U.S. Department of the
Interior
specified that it would consider
only systems that used
Microsoft's business e-mail
software, a limitation Google
called "unduly restrictive of
competition.
• •-
"Based on the risk assessments
and market research," the
Department of the
Interior
wrote in
its specifications, Microsoft's
software was the "only commercial
product that satisfies every
requirement identified by the
department.
••-
The suit, filed in the U.S. Court
of Federal Claims, (Nov-2010) 00
alleged that Interior violated a
federal law that mandates
government agencies to use open
and competitive procedures in
soliciting contracts. Google
seeks to halt the department's
process until it complies with
that law.
••-
"Google is a proponent of open
competition on the Internet and
in the technology sector in
general," said Google spokesman
Andrew Kovacs. "Here, a fair and
open process could save U.S.
taxpayers tens of millions of
dollars and result in better
services.
••-
Kendra Barkoff, a spokeswoman for
the federal agency, said the
department could not comment on
pending litigation.
••-
For several years, Google has
been battling to win territory in
the global market for office and
e-mail software, a sector
Microsoft has long dominated with
its Outlook and Office
products.
••-
To distinguish its offerings,
Google has long touted its
Internet cloud, an approach that
stores customers' e-mail and
documents in Google's remote data
centers rather than on servers
operated by businesses
themselves. The cloud approach
allows major customers to save
money by outsourcing their own
in-house e-mail systems.
••-
But Google has run into
difficulties in its attempts to
loosen the tight grip that
Redmond, Wash., software giant
Microsoft has on the e-mail
market, which includes decades of
relationships with some of the
world's largest businesses and
government agencies.
• CLICK
FOR MORE - tvinews+106+
•
• 106Google
Sues U.S. to break Microsofts
Monopoly / P - 1
/.
///
•
2011 - 2nd Quarter: April * May *
June
•
106
The German T-Mobile - AT&T
Deal .
•
106-
USPTO®™ © Marks -
ForeverMinus
OneDay
•
106= "THE First Sale Doctrine"
-Omega vs. Costco
•
106- The $39Billion Dollar
T-Mobile / AT&T
Deal
•
106 Wireless Telephone™ vs.
USPTO - "The $-21Billion
Question?"
•
•
106
The German T-Mobile - AT&T
Deal . The AT&T Inc.
announced Sunday it would buy
T-Mobile USA in a cash and stock
deal worth $39 billion.
The
German T-Mobile - AT&T Deal
would combine two of the largest
U.S. wireless providers and build
a telecommunications behemoth
that would tower over Verizon
Wireless, the other leading
cellular network.
•••
The
merger would combine AT&T's
95.5 million wireless subscribers
with another 33.7 million from
T-Mobile, a division of the
German communications
conglomerate Deutsche
Telekom. With close to 130
million subscribers on a wireless
system that would combine the
vast national networks of both
companies, the resulting union
would far outstrip Verizon and
its 94.1 million customers.
•••
AT&T
suggested that increased
competition resulting from the
deal could benefit consumers but
did not explicitly say the plan
would mean lower prices for its
customers.
•
CLICK
FOR FOR MORE ABOUT The WiTEL
Process
•
As
for the 106
The German T-Mobile - AT&T
Deal .
•
••
"This
transaction represents a major
commitment to strengthen and
expand critical infrastructure
for our nation's future,"
AT&T Chief Executive Randall
Stephenson said in a
statement.•
•••
AT&T
highlighted the efficiency
savings it would garner from a
merger, given that both companies
use similar cellular technology
-- as opposed to a different
model used by Verizon -- and both
are planning to take similar
steps toward the next generation
of faster 4G networks.
•••
Part
of AT&T's gambit has to do
with the steep rise in the use of
data services by consumers with
sophisticated smart phones.
With many more users adopting
video-ready, Internet-connected
phones such as Apple's iPhone and
the many Google-powered Android
devices, demand for wireless
bandwidth among consumers is
quickly increasing, and the
industry has been struggling to
stay ahead of that demand.
•••
AT&T
said data traffic on its wireless
network had grown 8,000% over the
last four years.
•••
"Because
AT&T has led the U.S. in
smart phones, tablets and
e-readers -- and as a result,
mobile broadband -- it requires
additional spectrum before new
spectrum will become
available."
•••
Critics
quickly warned about the perils
of conglomeration, saying federal
regulators should scrutinize the
deal carefully lest it actually
lead to less market
flexibility.•••
"Don't
believe the hype: There is
nothing about having less
competition that will benefit
wireless consumers," said S.
Derek Turner, research director
at media industry watchdog Free
Press, in a statement.
•••
"A
market this concentrated -- where
the top four companies already
control 90% of the business, and
two of them want to merge --
means nothing but higher prices
and fewer choices, as the newly
engorged AT&T and Verizon
exert even more control over the
wireless Internet." /
•
CLICK
FOR MORE German T-mobile -
AT&T USA
106-S90
tviNews
/// END OF 2ND QUARTER
2011
•
20-20
tviNews UpDates100 |
00-HeadLines
 •
106MSvsMotorolaPatentTheftInfringement
/
• 106pa
Microsoft Sues Motoroloa Patent
THEFTon the handset maker's line
of Android
phones.
•••
Microsoft said Motorola had
infringed nine Microsoft patents
in the Android-based smart
phones, which run on Google Inc.
software. Microsoft makes its own
Windows phone software.
•••
The patents relate to
synchronizing e-mail, calendars
and contacts, scheduling meetings
and notifying applications of
changes in signal strength and
battery power, Microsoft
said.
•••
The Redmond, Wash., company said
it filed actions in the U.S.
District Court for the Western
District of Washington and at the
International Trade
Commission.
Click for More
106pa
•••
///
•
THE LAW SUIT
•••
"The patents at LEGAL ISSUE
relate to a range
of functionality embodied in
Motorola's Android smartphone
devices that are essential to the
smartphone user experience,
including synchronizing e-mail,
calendars and contacts,
scheduling meetings, and
notifying applications of changes
in signal strength and battery
power," said Horacio Gutierrez,
Microsoft's (News - Alert)
corporate vice president and
deputy general counsel.
•••
"We have a responsibility to our
customers, partners, and
shareholders to safeguard the
billions of dollars we invest
each year in bringing innovative
software products and services to
market," he added, "Motorola
needs to stop its infringement of
our patented inventions in its
Android smartphones."
•••
Gutierrez explained that
smartphones have become an
integral part of people's daily
lives and are used for a variety
of tasks beyond making phone
calls; from watching video and
listening to music to staying in
touch with relatives or
friends.
•••
"The Microsoft innovations at
issue in this case help make
smartphones 'smart.' Indeed, our
patents relate to key features
that users have come to expect
from every smartphone. The
ability to send and receive
e-mail on-the-go has driven
smartphone adoption. Nowadays,
everyone expects to receive
e-mail from multiple services in
real time, to read it on their
phones, and to reply or send new
messages out &endash; in
continuous and seamless
synchronization with their e-mail
services. Microsoft's Exchange
ActiveSync, a proprietary
technology that we developed,
makes this possible," Gutierrez
said.
•••
"That Microsoft has important
patents in this area should not
surprise anyone &endash; we've
spent over 30 years developing
cutting-edge computer software,"
Gutierrez added. "The key value
proposition of smartphones has
moved from the radio stack to the
software stack, as people buy
smartphones because they are
fully functional computers that
fit in the palm of your hand.
With this shift, it is imperative
that companies address IP issues
related to the software that
makes possible this new class of
devices. The rules of the road
are long-established in the
software industry, and
fundamental to the industry's
growth and economic impact is
respect for others' intellectual
property rights."
•••
Microsoft's legal action seeks to
ensure its intellectual property
rights, and judging by the recent
actions by Apple and
Oracle (News - Alert),
Microsoft is not alone, Gutierrez
said.
•••
|
•
