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About Towards a Comprehensive, Balanced U.S. Patent and Copyright Policy

Encourage President-Elect Obama to Choose the Best IP Enforcement Coordinator Possible

A COMPREHENSIVE, BALANCED U.S. PATENT AND COPYRIGHT POLICY

During the 2008 Presidential campaign, Barack Obama's technology policy white paper stated that "Intellectual property is to the digital age what physical goods were to the industrial age. Barack Obama believes we need to update and reform our copyright and patent systems to promote civic discourse, innovation and investment while ensuring that intellectual property owners are fairly treated."

The Obama team included many leaders of the high-tech community who have spoken out on the need to recognize that the copyright rules developed for paper and vinyl are not well-suited for the networked, digital world. Barack Obama's administration can make concrete changes to U.S. intellectual property policy to ensure a future as vibrant and innovative as his campaign.

The first major decision that the Obama team will make in the area of patent and copyright policy will be the selection of the first patent and copyright "czar", a new White House position created by the PRO-IP Act, which was signed by President Bush in October, 2008. The Act directs the President to appoint an Intellectual Property Enforcement Coordinator (IPEC), whose duties include: (1) chairing the interagency intellectual property enforcement advisory committee established by the Act, (2) coordinating the development, and assisting in the implementation, of the committee's Joint Strategic Plan against counterfeiting and piracy, (3) serving as principal advisor to the President on IP-related issues and (4) assisting the U.S. Trade Representative with international IP

The new Administration has a choice: (1) Nominate someone whose career has been devoted to fighting piracy of music and videos and who will continue unsuccessful efforts to apply outdated copyright rules to the digital economy or (2) Nominate someone who will consider the broader picture and explore how new approaches to patent and copyright could spur innovation, expand consumer choice, and lead to development of new services and new jobs. According to the PRO-IP Act, the new patent and copyright "czar" is to fight counterfeiting and piracy.

A comprehensive approach requires someone who fully understands how policies on patents, trademarks, and copyright not only affect inventors, content owners, and IPR lawyers but also the impact of those policies on average consumers. A comprehensive approach requires someone who will do more than just examine the economics of the content industry. It requires someone who understands how over-zealous copyright enforcement can hinder research, innovation, education, and fair use. It requires someone who understands how good patent policy can protect inventors, innovators, and consumers and how bad patent policy can lead to spurious patent infringement law suits, enrich patent trolls, and slow down or discourage inventors and innovators.

If you believe that the new administration needs to take a new look at patent, trademark, and copyright law so that the US can take full advantage of the power of the Internet and other new technologies, sign up and help ensure the first White House patent and copyright czar does something more than just try to think up new ways to harass teenagers who download music.

To let the new Administration what kind of person you believe should fill the new Intellectual Property Enforcement Coordinator role, cast your vote for one of the following candidates:

Larry Lessig (http://tinyurl.com/9zxyv5)

Mary Bono Mack (http://apps.facebook.com/causes/179369?m=c6026b31&recruiter_id=1248770&_fb_fromhash=01bf9076595ca5dc046dea48b9389b6e)

Hal Varian (http://apps.facebook.com/causes/179373?m=c6026b31&recruiter_id=1248770&_fb_fromhash=01bf9076595ca5dc046dea48b9389b6e)

Gigi Sohn (http://tinyurl.com/8wxl7s)

Pam Samuelson (http://tinyurl.com/8w56mn)

James Boyle (http://tr.im/2tup)

Or write on our wall and suggest other candidate