James Delahunty
15 Feb 2006 0:43
The Electronic Frontier Foundation (EFF) has challenged a patent held by Clear Channel Recording because the foundation believes it is "illegitimate". The patent - for a system and method of creating digital recordings of live performances - effectively locks musical acts into using Clear Channel technology and blocks innovations by others, the EFF claims on its site. Clear Channel is using the patent to bands like The Pixies into using the company's proprietary technology for making like recordings.
It has threatened to sue anybody who makes a recording using different technology. "Clear Channel shouldn't be able to intimidate artists with bogus intellectual property," said EFF Staff Attorney Jason Schultz. "We hope the Patent Office will take a hard look at Clear Channel's patent and agree that it should be revoked." The EFF's request for re-examination filed with the United States Patent and Trademark Office shows that a company had already developed similar technology.
This company, Telex, apparently developed the technology over a year before Clear Channel filed its patent request. The challenge to the patent is part of the EFF's Patent Busting Project, which aims to combat the chilling effects bad patents have on public and consumer interests. Illegitimate patents currently in effect could prevent you from building a hobbyist website or even streaming a wedding video to your friends. The Patent Busting Project seeks to document the threats and fight back by filing requests for reexamination against the worst offenders.
"The patent system serves an important public purpose in our economy," said Schultz. "Keeping illegitimate patents out of that system helps up-and-coming artists and entrepreneurs succeed for all of us." The EFF along with Theodore C. McCullough of the Lemaire Patent Law Firm and with the help of students at the Glushko-Samuelson Intellectual Property Clinic at American University's Washington College of Law, wants the patent office to revoke the patent based on this and other extensive evidence.
Source:
EFF