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Want to know how to make Chinese Amazon sellers anxious?
Put Chicago in the delivery address when you order.
Why? Because in the last few years, many sellers have been slapped with massive lawsuits for intellectual-property infringement filed in Chicago. The total number of such cases has grown over 500% in half a decade. Once listed as a defendant, an online vendor can expect to spend several months and thousands of dollars trying to get out of trouble.
In this story I published today, I investigate the rise of this new IP lawsuit trend, which may have impacted hundreds of thousands of e-commerce sellers—most of them from China.
What I found was an IP litigation industry that was much bigger than I had expected. In these lawsuits, plaintiffs usually claim that hundreds of online sellers infringed on their trademark, patent, or copyright. Then they ask platforms like Amazon to immediately freeze all the sellers’ accounts and ask the court to award them the account balance as statutory damage.
IP lawsuits, both legitimate ones and those that border on trolling, have existed for a long time. But what’s distinctive about this scheme—so new that it doesn’t have an official name yet—is the way they are filed in court to efficiently, inexpensively, and discreetly sue hundreds of sellers across different platforms at once. Using a document called Schedule A that classifies the defendants’ identities when the case is filed, these lawsuits make it easy for IP holders to claim they are being exploited by a big, conspiring criminal group of online sellers, whether it’s true or not.
The practices here are lawful—they are designed to protect rights owners in the e-commerce environment, where sellers are often overseas and anonymous. Schedule A makes it easier to confiscate the counterfeiters’ assets without alerting them early.
But I also talked to many defendants, attorneys, and academics who told me they feel this practice has been abused to become a lucrative business of suing sellers for sometimes baseless counterfeit claims.
Because it’s easy and inexpensive, the law firms that are proficient in these cases are recycling the filing templates and putting out hundreds of similar lawsuits every year, potentially getting millions of dollars from default judgments and settlements. In 2022, 938 Schedule A lawsuits were filed in the US, each targeting dozens or hundreds of defendants. About 85% of them were filed in the federal court in Chicago, and about one-third were filed by a single law firm.
“It’s a procedural assembly line. It’s just a repeated process, and it’s just growing by mass numbers,” says Travis Stockman, a New York–based IP attorney who has represented many defendants—70% of whom are Chinese—in these cases. Many of the sellers affected feel they did nothing wrong, and those from China particularly feel that they are being targeted because they aren’t familiar with the US legal system and cannot defend themselves easily.
Despite its scale—likely hundreds of thousands of sellers over the years, even though the exact number is unknowable because of the classified nature of Schedule A—I was also surprised by how obscure this trend is. Until this year, there has been almost no reporting or academic study of it in English. Even in China, the knowledge is only shared among those in the e-commerce industry.
To learn more about how these lawsuits work, why it’s problematic, and what role Amazon has played in it, you can read the full story here.
I hope my story can shine a light on this tricky matter. Smart litigation strategies are needed to hold e-commerce counterfeiters properly accountable; but they also have the potential to be very easily abused.
Do you think these Schedule A cases are a legitimate strategy to protect IP or an abuse of the IP system? I’d love to hear your ideas and reasons. Tell me at firstname.lastname@example.org
Catch up with China
1. Chinese president Xi Jinping has been busy meeting American delegates this week.
On Friday, he told Bill Gates that he welcomed American companies, including Microsoft, bringing their AI tech to China. (Reuters $)On Monday, he met with Antony Blinken, the US secretary of state, as both sides showed willingness to ease geopolitical tensions. (CNBC)
2. The president of Foxconn, Apple’s biggest supplier, says an electric vehicle is like a big iPhone and may drive the company’s future growth. (BBC)
3. The national number of cremations for 2022 was omitted from China’s quarterly routine data reports, obscuring information relevant to understanding the covid-19 wave that followed China’s easing of pandemic restrictions.
By: Zeyi Yang
Title: The US city that scares Chinese Amazon sellers
Sourced From: www.technologyreview.com/2023/06/21/1075255/chicago-chinese-amazon-sellers-newsletter/
Published Date: Wed, 21 Jun 2023 10:00:00 +0000
Did you miss our previous article…
These scientists live like astronauts without leaving Earth
This article was originally published on Undark. Read the original article.
In January 2023, Tara Sweeney’s plane landed on Thwaites Glacier, a 74,000-square-mile mass of frozen water in West Antarctica. She arrived with an international research team to study the glacier’s geology and ice fabric, and how its ice melt might contribute to sea level rise. But while near Earth’s southernmost point, Sweeney kept thinking about the moon.
“It felt every bit of what I think it will feel like being a space explorer,” said Sweeney, a former Air Force officer who’s now working on a doctorate in lunar geology at the University of Texas at El Paso. “You have all of these resources, and you get to be the one to go out and do the exploring and do the science. And that was really spectacular.”
That similarity is why space scientists study the physiology and psychology of people living in Antarctic and other remote outposts: For around 25 years, people have played out what existence might be like on, or en route to, another world. Polar explorers are, in a way, analogous to astronauts who land on alien planets. And while Sweeney wasn’t technically on an “analog astronaut” mission — her primary objective being the geological exploration of Earth — her days played out much the same as a space explorer’s might.
For 16 days, Sweeney and her colleagues lived in tents on the ice, spending half their time trapped inside as storms blew snow against their tents. When the weather permitted, Sweeney snowmobiled to and from seismometer sites, once getting caught in a whiteout that, she said, felt like zooming inside a ping-pong ball.
On the glacier, Sweeney was always cold, sometimes bored, often frustrated. But she was also alive, elated. And she felt a form of focus that eluded her on her home continent. “I had three objectives: to be a good crewmate, to do good science, and to stay alive,” she said. “That’s all I had to do.”
None of that was easy, of course. But it may have been easier than landing back on the earth of El Paso. “My mission ended, and it’s over,” she said. “And how do I process through all these things that I’m feeling?”
Then, in May, she attended the 2023 Analog Astronaut Conference, a gathering of people who simulate long-term space travel from the relative safety and comfort of Earth. Sweeney had learned about the event when she visited an analog facility in the country of Jordan. There, she’d met one of the conference’s founders, Jas Purewal, who invited her to the gathering.
The meeting was held, appropriately, at Biosphere 2, a glass-paneled, self-contained habitat in the Arizona desert that resembles a 1980s sci-fi vision of a space settlement — one of the first facilities built, in part, to understand whether humans could create a habitable environment on a hostile planet.
The 40-acre Biosphere 2 campus in Oracle, Arizona. It was one of the first facilities built for analog astronaut missions. UNIVERSITY OF ARIZONA
A speaker at the conference had spent eight months locked inside a simulated space habitat in Moscow, Russia, and she talked about how the post-mission period had been hard for her. The psychological toll of reintegration became a chattering theme throughout the whole meeting. Sweeney, it turned out, wasn’t alone.
Across the world, around 20 analog space facilities host people who volunteer to be study subjects, isolating themselves for weeks or months in polar stations, desert outposts, or even sealed habitats inside NASA centers. These places are intended to mimic how people might fare on Mars or the moon, or on long-term orbital stations. Such research, scientists say, can help test out medical and software tools, enhance indoor agriculture, and address the difficulties analog astronauts face, including, like Sweeney’s, those that come when their “missions” are over.
Lately, a community of researchers has started to make the field more formalized: laying out standards so that results are comparable; gathering research papers into a single database so investigators can
By: Sarah Scoles
Title: These scientists live like astronauts without leaving Earth
Sourced From: www.technologyreview.com/2023/09/22/1080035/scientists-live-like-astronauts-without-leaving-earth/
Published Date: Fri, 22 Sep 2023 15:38:48 +0000
Did you miss our previous article…
Making sense of sensor data
Consider a supply chain where delivery vehicles, shipping containers, and individual products are sensor-equipped. Real-time insights enable workers to optimize routes, reduce delays, and efficiently manage inventory. This smart orchestration boosts efficiency, minimizes waste, and lowers costs.
Many industries are rapidly integrating sensors, creating vast data streams that can be leveraged to open profound business possibilities. In energy management, growing use of sensors and drone footage promises to enable efficient energy distribution, lower costs, and reduced environmental impact. In smart cities, sensor networks can enhance urban life by monitoring traffic flow, energy consumption, safety concerns, and waste management.
These aren’t glimpses of a distant future, but realities made possible today by the increasingly digitally instrumented world. Internet of Things (IoT) sensors have been rapidly integrated across industries, and now constantly track and measure properties like temperature, pressure, humidity, motion, light levels, signal strength, speed, weather events, inventory, heart rate and traffic.
The information these devices collect—sensor and machine data—provides insight into the real-time status and trends of these physical parameters. This data can then be used to make informed decisions and take action—capabilities that unlock transformative business opportunities, from streamlined supply chains to futuristic smart cities.
John Rydning, research vice president at IDC, projects that sensor and machine data volumes will soar over the next five years, achieving a greater than 40% compound annual growth rate through 2027. He attributes that not primarily to an increasing number of devices, as IoT devices are already quite prevalent, but rather due to more data being generated by each one as businesses learn to make use of their ability to produce real-time streaming data.
Meanwhile, sensors are growing more interconnected and sophisticated, while the data they generate increasingly includes a location in addition to a timestamp. These spatial and temporal features not only capture data changes over time, but also create intricate maps of how these shifts unfold across locations—facilitating more comprehensive insights and predictions.
But as sensor data grows more complex and voluminous, legacy data infrastructure struggles to keep pace. Continuous readings over time and space captured by sensor devices now require a new set of design patterns to unlock maximum value. While businesses have capitalized on spatial and time-series data independently for over a decade, its true potential is only realized when considered in tandem, in context, and with the capacity for real-time insights.
Download the report.
This content was produced by Insights, the custom content arm of MIT Technology Review. It was not written by MIT Technology Review’s editorial staff.
By: MIT Technology Review Insights
Title: Making sense of sensor data
Sourced From: www.technologyreview.com/2023/09/21/1079924/making-sense-of-sensor-data/
Published Date: Thu, 21 Sep 2023 17:00:00 +0000
The Download: inverse vaccines, and Microsoft’s big deal
This is today’s edition of The Download our weekday newsletter that provides a daily dose of what’s going on in the world of technology.
How inverse vaccines might tackle diseases like multiple sclerosis
On the whole, typical vaccines prime the immune system to respond. But scientists are also working on “inverse vaccines” that teach the immune system to stand down.
Last week Jeffrey Hubbell and his colleagues at the University of Chicago reported that an inverse vaccine they developed had successfully reversed a disease similar to multiple sclerosis in mice. Hubbell has tested this approach before, but only as a way of preventing the disease—not curing it.
These immune-dampening shots could lead to a whole host of therapies to treat autoimmune diseases. And in fact, Anokion, a company Hubbell cofounded, has already launched clinical trials to test whether this type of inverse vaccine might help people with multiple sclerosis and celiac disease. Read the full story.
This story is from The Checkup, our weekly biotech and health newsletter. Sign up to receive it in your inbox every Thursday.
To learn more about vaccines, why not check out:
+ What to know about this autumn’s covid vaccines. New variants will pose a challenge, but early signs suggest the shots will still boost antibody responses. Read the full story.
+ Who benefits most from the new covid vaccines? Data show that older adults and people with underlying illnesses need the vaccine most. Read the full story.
+ What’s next for mRNA vaccines. mRNA vaccines helped us through the covid-19 pandemic—but they could also help defend against many other infectious diseases, offer universal protection against flu, and even treat cancer. Read the full story.
I’ve combed the internet to find you today’s most fun/important/scary/fascinating stories about technology.
1 The UK is revisiting Microsoft’s offer to acquire Activision
But it’s not a done deal yet. (WSJ $)
UK regulators have accepted Microsoft’s tweaks to the deal, in principle. (FT $)
2 The US has granted Ukraine a lot more military hardware
But long-range missiles, which Ukraine covets, won’t be included in the package. (ABC News)
The US equipment will plug the gap now Poland has ceased sending weapons. (Economist $)+ Decoy weapons are successfully fooling Russian troops. (FT $)
Inside the messy ethics of making war with machines. (MIT Technology Review)
3 The blockchain’s future looks surprisingly crypto-free
Startups have more modest goals now, ideally without legal complications. (Rest of World)+ Crypto parties are still raging if you know where to look, though. (Bloomberg $)
4 These law geeks are taking us inside Google’s antitrust trial
Google may have stopped the trial from being live streamed, but it can’t prevent members of the public from sitting in. (Wired $)
5 People are still queuing to buy the new iPhone
Lines of eager customers in China, the UK, Dubai and Australia suggest Apple’s appeal is as strong as ever. (Bloomberg $)
6 A man-made organism defies the rules of biology
In theory, using unnatural amino acids could make organisms less prone to viral infections. (Proto.Life)
7 Your intimate health information is just data to Big Tech
Data that can generally be sold onto willing advertisers. (The Atlantic $)
How your brain data could be used against you. (MIT Technology Review)
8 Gen Z isn’t immune to online scams
In fact, in many cases, they fall for them more than boomers. (Vox)
9 Absolutely nobody loves PowerPoint
Nonetheless, it persists. (FT $)
Next slide, please: A brief history of the corporate presentation. (MIT Technology Review)
10 Don’t throw out your used coffee grounds
They can become the foundation for all sorts of 3D-printing projects instead. (Ars Technica)
Watch this team of drones 3D-print a tower. (MIT Technology Review)
Quote of the day
“It feels bad, you feel hurt. Then you give yourself time to grieve, you find someone else and you get excited again.”
—Rowan Rosenthal, a former principal product designer for Grindr, likens the decision to leave the company because of its strict return-to-office mandate to the end of a relationship, they tell the Washington Post.
The big story
California’s coming offshore wind boom faces big engineering hurdles
Last December, dozens of companies fought for the right to lease the first commercial wind power sites off the coast of California in an auction
By: Rhiannon Williams
Title: The Download: inverse vaccines, and Microsoft’s big deal
Sourced From: www.technologyreview.com/2023/09/22/1080043/the-download-inverse-vaccines-and-microsofts-big-deal/
Published Date: Fri, 22 Sep 2023 12:10:00 +0000
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