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Friday 5 December 2008 Federal Trade Commission: First Workshop in a Ser

From: secretary
Subject: Friday 5 December 2008 Federal Trade Commission: First Workshop in a Series on Regulation of Practices wrt Patents, Copyrights, and Trademarks
Date: 3 Dec 2008 13:02:02 -0500

  what="official United States Government announcement"
  RMS-quote="from :
    DRM is nearly always the result of a conspiracy of companies to
    restrict the technology available to the public. Such conspiracy
    should be a crime, and the executives responsible for it should
    be sentenced to prison."
  note="The FTC accepts comments through 4 February 2009. See below."
  important="Comments are read.
    Comments are read more carefully if people show up at these workshops."
  edits="some side and head and trailer material suppressed">

 Subject: 2008 FTC Workshop: The Evolving Intellectual Property Marketplace

 FTC seal Federal Trade Commission Protecting America's Consumers

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    The Evolving IP Marketplace

           December 5, 2008
           9:30am - 4:45pm

           FTC Conference Center
           601 New Jersey Avenue, NW
           Washington, DC 20001

 The Event

    The Federal Trade Commission will hold a series of public hearings
    beginning on December 5, 2008, in Washington, D.C., to explore the
    evolving market for intellectual property (IP). The hearings will
    examine changes in intellectual property law, patent-related business
    models, and new learning regarding the operation of the IP marketplace
    since the FTC issued its October 2003 report, To Promote Innovation:
    The Proper Balance of Competition and Patent Law and Policy A Report by
    the Federal Trade Commission (October 2003) [PDF].

    The Commission seeks the views of the legal, academic, and business
    communities on the issues to be explored at the hearings. In its
    Federal Register Notice the agency set out a list of specific questions
    on which it is particularly seeking comments. The agency will consider
    any comments received as it prepares for the hearings.

    Prior to each hearing the Commission will publish a detailed agenda on
    this website. The hearings will be transcribed; the transcript will be
    placed on the public record; and any written comments received will
    also be placed on the public record


    The patent system has experienced significant change since the FTC
    released its IP Report in October 2003, and more changes are under
    consideration. The courts and patentees are exploring the full
    implications of Supreme Court and Federal Circuit decisions on
    injunctive relief, patentability and licensing issues. Congress has
    considered sweeping legislative patent reform, and new debates on the
    appropriate methods for calculating infringement damages have engaged
    the patent community. New business models for buying, selling and
    licensing patents have emerged and evolved since 2003. In addition,
    there is new learning regarding the operation of the patent system and
    its contribution to innovation and competition.

    Changes and proposed changes in the law, together with evolving
    business models for buying, selling and licensing IP, could
    significantly influence a patent's economic value and the operation of
    the IP marketplace. The extent and cumulative impact of these changes
    and proposed changes on the patent system are poorly understood. They
    could potentially significantly influence a patent's economic value and
    a patentee's compensation. If patentees were systematically
    under-compensated due to legal doctrines that drive down the value
    received through remedies and licensing, patents would be devalued.
    This would undermine the patent system's incentives to innovate, to the
    detriment of consumers who benefit tremendously from innovation. On the
    other hand, if the relevant legal rules operate to systematically
    overcompensate patentees, supra-competitive prices for technology would
    unduly dampen future innovation, and prices for products incorporating
    patented inventions would increase unjustifiably. Both under- and
    overcompensation of patentees present the potential for consumer and
    competitive harm. The hearings will consider the impact of these
    changes on innovation, competition and consumer welfare.


      * Agenda [PDF]
      * Press Release (November 6, 2008)
      * Panelist Bios [PDF]
      * Webcast (A live webcast will be available on the day of the event.
        Bookmark this page and come back on December 5 to link to the


    The event is free and open to the public. All attendees will be
    required to display a current driver's license or other valid form of
    photo identification. The Conference Center is accessible to people
    with disabilities. If you need an accommodation related to a
    disability, please call Carrie McGlothlin at 202-326-3388.

    Pre-registration for this workshop is not necessary, but is encouraged,
    so that we may better plan for the event.

    To pre-register, email your name and affiliation to

    NOTE: When you pre-register, we will collect your name, affiliation,
    and your email address. This information will be used to estimate how
    many people will attend. We may use your email address to contact you
    with information about the workshop.


    The Commission invites interested persons to submit written comments on
    issues related to this workshop. All comments in response to the
    Federal Register Notice or to inform discussion at the workshop must be
    received by February 5, 2009.

    Comments should be captioned "Evolving IP Marketplace - Comment,
    Project No. P093900" and submitted according to the instructions below.

 To File Electronically:

    Follow the instructions and fill out the form at

 To File in Paper Form:

    A comment filed in paper form should include the reference to "Evolving
    IP Marketplace - Comment, Project No. P093900" in both the text and on
    the envelope, and should be mailed or delivered to the following

    Federal Trade Commission
    Office of the Secretary
    600 Pennsylvania Avenue, N.W.
    Room H-135 (Annex I)
    Washington, DC 20580

    Because postal mail in the Washington area and at the Commission is
    subject to delay, please consider submitting your comments in
    electronic form, as described above. The FTC requests that you send any
    comment by courier or overnight service, if possible.

 To Request Confidential Treatment:

    To request confidential treatment, you must file in paper form and
    clearly label the first page of the document with "Confidential" and
    comply with Commission Rule 4.9(c). 15 C.F.R. ยง 4.9(c).


    Under the Freedom of Information Act ("FOIA") or other laws, we may be
    required to disclose to outside organizations the information you
    provide when you pre-register. The Commission will consider all timely
    and responsive public comments, whether filed in paper or electronic
    form, and as a matter of discretion, we make every effort to remove
    home contact information for individuals from the public comments
    before posting them on the FTC website.

    The FTC Act and other laws we administer permit the collection of your
    pre-registration contact information and the comments you file to
    consider and use in this proceeding as appropriate. For additional
    information, including routine uses permitted by the Privacy Act, see
    the Commission's comprehensive Privacy Policy.


    Erika Meyers
    Office of Policy and Coordination,
    Bureau of Competition,
    601 New Jersey Avenue, N.W.,
    Washington, D.C. 20580
    Phone: 202-326-2076
    or e-mail,

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Distributed poC TINC:

Jay Sulzberger <>
Corresponding Secretary LXNY
LXNY is New York's Free Computing Organization.

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