Press Releases: March, 2005
Supreme Court Justices Grill Both Sides at Copyright Hearing
MGM v. Grokster Raises Questions About Innovation and Litigation
Washington, DC - The Electronic Frontier Foundation (EFF) was heartened to hear the Justices of the United States Supreme Court engage in a lively debate Tuesday about whether technology manufacturers should be held liable for the infringing activities of consumers. At stake is nothing less than the future of innovation in the United States. If vendors are held responsible for what people do with their products, even tech giants like Intel say they'd have to fire engineers and hire lawyers.
WIPO Lockout Inspires Global Protest
Residents of 56 Nations and Members of Hundreds of NGOs Sign Petition to Open Meetings on Intellectual Property and the Developing World
Geneva - When the World Intellectual Property Organization (WIPO) earlier this month shut out many public interest groups from two April meetings about the impact of patent, copyright and related regimes on the developing world, many civil society groups greeted the news with concern.
Leading Nonprofits Take Stand Against Business Method Patents
EFF Joins Fight to Promote Technology Access for Charitable Groups
Note: The Electronic Frontier Foundation is recirculating this press release on behalf of NIA for your information.
Washington, DC - The Nonprofit Innovation Alliance (NIA) today announced that four of the nation's most prominent nonprofits - United Way of America, the American Diabetes Association, Network for Good and Electronic Frontier Foundation - have joined the growing movement against business method patents to help promote ongoing access by America's nonprofit organizations to innovative technology.
"As nonprofits recognize the threat posed by business method patent abuse, there is growing support for collective action to protect technology access for America's charities," said Shabbir Safdar, Acting Secretary of the Nonprofit Innovation Alliance. "The fact that the United Way of America, American Diabetes Association, Network for Good and Electronic Frontier Foundation have pledged their support for the NIA sends a strong message: business method patents are bad for the nonprofit sector and should be eliminated."
These four organizations have pledged support for the NIA's goals because they believe that nonprofits are best served if technology vendors and service providers help declare the nonprofit industry as a "business method patent-free zone." They are encouraging technology vendors and service providers working with them and other nonprofits to join the NIA. Support for NIA's goals from the Electronic Frontier Foundation (EFF) is especially significant because this group is the leading civil liberties organization working to protect people and organizations whose online rights and freedoms are threatened.
Nonprofit organizations can pledge support for the NIA.
The NIA consists of leading technology and consulting companies that provide products, services and/or consulting to help nonprofits optimize their use of the Internet for fundraising, advocacy, event management and other mission-critical activities. Alliance members agree to cross-license any current and future business method patents on a royalty-free basis for the benefit of their nonprofit customers.
Viewed by many to be a scourge in the for-profit world, business method patents would be even more so for the nonprofit sector. Instead of protecting a real technology invention, these patents typically cover a process of doing business on the Internet. Such patents, prone to abuse, could result in nonprofits spending much more out of every dollar raised on license fees to use the Internet for fundraising, communicating with constituents, advocating for public policies and managing events such as walks, runs and galas. Alternatively, to avoid the impact of royalty payments to business method patent holders or the threat of being sued, nonprofits may choose sub-optimal technology solutions.
Said Michael Schreiber, Executive Vice President for Enterprise Services, United Way Of America, "We're on board with the NIA and against business method patents because adoption of technology by nonprofits is accelerating and organizations are becoming much more sophisticated in how they use these new and powerful tools. There is a growing need to share and make use of technology innovation - not stifle its diffusion throughout the charitable sector."
Network for Good's Chief Executive Officer, Bill Strathmann, explained why Network for Good is supporting the NIA. "The alliance represents something nonprofits believe in and, to a large degree, rely on: collaboration. Like their customers, nonprofit providers must balance their business interests with those of the sector. Nonprofits need choices when it comes to the tools they use to help fulfill their missions. When providers collaborate, nonprofits win."
About Business Method Patents
First validated by the courts in 1998, business method patents are highly controversial because they typically do not cover innovations that solve a particular technology problem. Instead, holders of business method patents are claiming to be the first to engage in a transaction over the Internet in a particular way. Examples of business method patents include Amazon's one-click patent and Priceline's reverse auction patent.
Business method patents are prone to abuse. A patent holder can sue or threaten to sue anyone or an organization that uses a similar business method and seek to collect licensing fees, effectively extracting a "patent tax" for common ways of utilizing the Internet. However, charitable organizations today rely increasingly on the Internet to fundraise, communicate, advocate and manage events over the Internet. Business method patents will require nonprofits to spend much more of every dollar raised on coercive license fees to run their organizations, diverting funds away from the delivery of critical programs and services to constituents. Or groups may simply take the path of least resistance and use sub-optimal technology solutions to avoid the specter of litigation.
As an example, the following is the claimed invention described in a patent application filed with the US Patent and Trademark Office:
"A method for conducting a fundraising campaign by an organization or person over a wide-area network, comprising the steps of: hosting a website including a plurality of linked web pages, the website providing information about the fundraising campaign and soliciting potential donors to make a charitable contribution to the fundraising campaign; registering on the website; contacting third parties via email messages soliciting charitable donations; and providing one or more reports, on the website, including information on the status of the fundraising campaign." (Patent application entitled: "Method and system for an efficient fundraising campaign over a wide area network" application number 764787.)
According to the NIA's Safdar, "This application describes widely used practices for online fundraising, taking dead aim at the nonprofit sector. It is easy to see why a patent covering these types of claims is neither unique, novel, nor in the best interests of nonprofit organizations."
NIA members currently include (listed alphabetically): Beaconfire Consulting, CharityWeb, CitySoft, Convio, GetActive, Mindshare Interactive Campaigns, Itero!, Public Interest Data, Inc., RightClicks and ROI Solutions.
The Nonprofit Innovation Alliance was established in January 2005 to help foster access to innovative technology for charitable groups so they can effectively utilize the Internet for fundraising, advocacy, event management and other mission-critical activities. Members of the alliance include leading companies that provide technology products, services and/or consulting to nonprofits. Admission is open to all interested technology and service providers. Nonprofits can participate by pledging their support for the NIA's goals.
Contact:
Shabbir Safdar
Acting Secretary
Nonprofit Innovation Alliance
ssafdar@mindshare.net
EFF Appeals Ruling in Apple Case
Asks Court to Reaffirm Freedom of the Press
San Jose, CA - Today the Electronic Frontier Foundation (EFF) filed an appeal in a case that has broad implications for the rights of reporters to protect the confidentiality of their sources.
Counting Down to Grokster with EFF
Organization Launches Two-Week Celebration of Betamax-Protected Devices
Court Crushes Online Journalists' Rights
EFF Asking California Appellate Court to Intervene
Santa Clara - Today Santa Clara County Superior Court Judge James Kleinberg ruled that an online journalist's Internet service provider (ISP) can be required to reveal the identities of the reporter's confidential sources to attorneys from Apple Computer, Inc. The court rejected a request for an order to protect the confidentiality of these sources and other unpublished materials.
WIPO Shutting Out Public Interest Organizations
Experts on Development Won't Be Heard at Crucial Meetings
Geneva - Last week, the World Intellectual Property Organization (WIPO) announced that it will shut out most public interest organizations at two important meetings devoted to intellectual property and development. As a result, WIPO delegates from 182 nations will discuss these issues without hearing from many of the world's best-qualified experts.
No Ruling Issued Yet in Apple Case
Rights of Online Journalists Hang in the Balance
San Jose - A Santa Clara County Superior Court judge today said that he would take under consideration a motion brought by the Electronic Frontier Foundation (EFF) that asked the court to protect three online journalists from having to reveal the identities of their confidential sources to attorneys from Apple Computer, Inc. The judge promised a written decision soon.
Hearing Friday Could Determine the Future of Online Journalists' Rights
San Jose, CA - This Friday, the Electronic Frontier Foundation (EFF) will face attorneys for Apple Computer in a hearing to determine whether three independent online journalists will be given the same legal protections as journalists who work for traditional media publications.
New Bill Will Protect Californians' Privacy Rights
Legislation Would Ban Tracking Devices in Public ID Documents
NOTE: This is a press release from the ACLU of Northern California. EFF is recirculating it for your information.
