LEGAL: DMCA requirements set by USDC 14-03629/WHA

DMCA requirements

The underlying US6370629 patent is expiring, but it is meaningless in regard to how the US District Court ruling for 14-03629/WHA effects surviving copyrighted Softwares.

The USDC 14-03629/WHA Ruling had unique and unexpected consequences in affirming section 8 requirements for the uses of the intellectual properties protected in US6370629 and US6393136 patents and the contractual controls for their use and licensing. Ones which persist until 2103 or later.

The Derivatives

Today, both patents have over 380 Derivatives (See each list at: ‘629, and ‘3126) in publication globally making them both Standards Enabling Patents (“SEP”) type patent publications.

Seven Frauds – the US6370629 instances illegally filed and abandoned

Additionally, there are a number of US6370629 instances which were illegally filed and then abandoned making the uses of US6370629 and it’s 275 or more derivatives a criminal antitrust events in many jurisdictions.

These frauds include Australia AP54015/99, Brazil BR9904979A, Canada CA2287596a, EU EP0997808a3, Republic of (South) Korea, KR20000032593a, Japan JP2000163379a, and South African ZA9906799a  when any software derived from US6370629 as well as any of the 275 or more published derivatives is sold into those jurisdictions it causes an additional  and ongoing endeavor as an antitrust matter.

The derivatives include listed there and above at links include 275 or more with these being just a few of them today:

Apple US6370629 derivatives controlled under US6370629 Settlement terms

US7710290, US8031050, US8060389, US8073565, US8108144, US8127246, US8175802, US8180379, US8204684, US8275352, US8290513, US8311526, US8332402, US8355862, US8359643, US8369867, US8385946, US8452529, US8463238, US8489669, US8538685, US8548735, US8644843, US8660530, US8670748, US8694026, US8738039, US8762056, US8774825, US8924144, US8930233, US8963686, US8977294, US8984059, US9066199, US9100793, US9109904,US9131342, US9237514, US9250092, US9310206, US9317867, US9414198, US2009000500

MSFT
US7511682, US7558884, US7577771, US7660914, US8188936, US20050243019, US20050243020, US20050262302, US20110314555, US9076128

Hp
US7477903, US7522925 *, US8086695, US8135798, US20110185408, USRE43070

IBM derivatives controlled under the USDC 14-03629/WHA ruling
US20060031830, US6898628, US7000116, US7178031, US7752135, US20020138632, US20030135463, US20050015621, US20050060384, US20060015501

Sony
US7765163, US7843464, US8049766, US8184124, US8219495, US8286256, US8345062, US8838502, US20020188574, US20090113529

Symantec Corporation
US7640590, US7739494, US8312064, US8332947, US9038158.

The expiry of the underlying US6370629 patent does not change any of these requirements

There is a published brief here restating the following requirements:

  1. That any and all softwares or systems using those methods must accept any and all requirements stated in the Settlement documents per section 8.4 of the Judicially perfected Settlement terms.
  2. That any and all documents necessary to support that requirement must be created including updated end-user licenses and compliance terms agreement forms and the management program to support those operations
  3. That any and all softwares or systems using these methods are restricted to use under the laws of the State of California, and this means no other choice of law can be selected.

The impact of this to all Microsoft, Google, Facebook, Apple, eBay, PayPal, Cisco, Symantec, Sony, and others products speaks for itself. “No matter where on Earth those products are sold, they must apply only California law until they buy a release from those requirements.”

GDPR IMPLICATIONS

Think also how these derivatives and their being controlled by USDC 14-03629/WHA rulings perfecting of the US6370629 Settlement also impacts the GDPR Compliance. See our page on it here.

Author: TGlassey

General Director, Inventor, IP rights crusader, ExPat

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