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EFF Kills Clear Channel Patent

From:  EFF Press <>
Subject:  EFF Kills Bogus Clear Channel Patent
Date:  Tue, 13 Mar 2007 00:13:13 -0700

Electronic Frontier Foundation Media Release

For Immediate Release: Tuesday, March 13, 2007


Jason Schultz
   Staff Attorney
   Electronic Frontier Foundation
   +1 415 436-9333 x112

Theodore C. McCullough
   Registered Patent Attorney
   +1 206 595-2502

EFF Kills Bogus Clear Channel Patent

Patent Busting Project Wins Victory for Artists and

San Francisco - The U.S. Patent and Trademark Office (PTO)
has announced it will revoke an illegitimate patent held by
Clear Channel Communications after a campaign by the
Electronic Frontier Foundation (EFF).

The patent covered a system and method of creating digital
recordings of live performances.  Clear Channel claimed the
bogus patent created a monopoly on all-in-one technologies
that produce post-concert digital recordings and threatened
to sue those who made such recordings.  This locked musical
acts into using Clear Channel technology and blocked
innovations by others.

However, EFF's investigation found that a company named
Telex had in fact developed similar technology more than a
year before Clear Channel filed its patent request. EFF --
in conjunction with patent attorney Theodore C. McCullough
and with the help of Lori President and Ashley Bollinger,
students at the Glushko-Samuelson Intellectual Property
Clinic at American University's Washington College of Law
-- asked the PTO to revoke the patent based on this and
other extensive evidence.

"Bogus patents like this one are good examples of what's
wrong with the current patent system," said EFF Staff
Attorney Jason Schultz.  "We're glad that the Patent Office
was willing to help artists and innovators out from under
its shadow."

The Clear Channel patent challenge was part of EFF's Patent
Busting Project, aimed at combating the chilling effects
bad patents have on public and consumer interests.  The
Patent Busting Project seeks to document the threats and
fight back by filing requests for reexamination against the
worst offenders.

"The patent system plays a critical role in business and
the economy," said McCullough.  "Everyone loses if we allow
overreaching patent claims to restrict the tremendous
benefits of new software and technology development."

For the notice from the Patent Office: 

For more on EFF's Patent Busting Project:

For this release:

About EFF

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at


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