Is Truly Web 3.0 > Web 2.0?

 

Just an opinion. Correct me if I’m wrong!

Given a chance, honestly, looking at the present condition of Web2.0 today, I would prefer Web 1.0, for the reason that Silicon Valley’s “more numbers and more funders” mantra sowed the seeds of Web 2.0’s “crumble”! We won’t be upgrading to Web 3.0, rather, it’s an alternate platform formulized that would run parallel to the present broken Web 2.0. Web 2.0 is not going anywhere, because Web 3.0 seems to be a subset of Web 2.0 only. It’s just being marketed in a new gift wrap. Blockchains, Tokens, (Un)Stablecoin, Cryptos, NFTs, Fungible & Non-Fungible Assets etc., aren’t they already the part of Web 2.0! Thus, where’ the difference? Maybe I’m missing something somewhere or need to upgrade myself!

Is 18 Months Necessary For The Publication? This Creates A Grey Area In The Anticipation Itself! And Why The Concept Of Provisional Application Should Be Abolished & Replaced With The Existing Patent Of Addition After Complete Specification!

 

I covered this topic long back. I’m covering this again with a caveat!

Let’s say between the period of provisional and complete, someone else files or use the almost similar invention. Now, issue is, technically, your right to invoke full rights, retrospectively, starts post grant only! Because usually no one knows how many claims would end up getting accepted or struck down, thus, till then, one has to wait! If anywhere it happens the other way around, then, that’s a problem, because, without the grant and on the basis of contingency & unlikeliness, one cannot enjoy the fruits of something which is still abstract and hypothetical!

Can A Public Leader Protect His / Her Personality & Trademarks Rights? This Dilemma I Had The Other Day! Because The Answer Is Not That Simple Comparing To The Cases Of Actors / Actresses / Entertainers!

 

You’re a Public Government figure. Can you protect your Personality Rights as long as you’re serving the government or public? Or, can a politician / leader galvanize the fruits of his name or surname as Trademarks rights? Can, or, should he/she be ‘fully’ protected by the Copyrights or Trademarks Act? If I were the judge, I wouldn’t consider this question in black & white, nor would give protection in absolute! And the reason I’m going to explain herein underneath!

When you’re appointed or elected as the servant of the government or leader of public, then, you lose some of your personality rights, because, you would be discussed, cherished, blamed, criticized, commended, condemned, as long as you’re there on that position. Now, I’m not in favour of mutilating the morality rights of any politician or leader, which has become a trend, especially with the help of Slop AIs. But, if something is done more academically, with intellectual integrity, in a more refined and subtle manner, including a parody; then that part shouldn’t be considered as violation of personality rights!

The Ethical Legalities In AI vs AI Suits That Are Never Argued!

 

How many of the cases we’ve seen wherein one AI company sued another AI company for the violation of the BERNE or TRIPS or PARIS Convention? None! In the recent case of Grok VS OpenAI (or Musk VS Sam) too, what exactly is the dispute? That any non-profit should not be allowed to work for profit, else, this will send a wrong message, creating a wrong precedence! And secondly, Musk alleging that, OpenAI wanted to bring him as the shareholder, which Musk considered as bribe (check again for the exact wordings)!

 We have witnessed many cross-litigations in Tech Industry whether it belonged to the Search Engine Giants for monopolies under the Anti-Competitive / Anti-Trust Laws, or, of the IP (especially Patents) infringement cases going back to the 1990s, in which it was argued from  -> that the IP must be protected, to, one cannot enjoy the monopoly in the Market, citing examples of Netscape Navigator vs Internet Explorer, to,  Duck Duck Go vs Google Search! As we all know that to become the monopoly itself, certain backing is required!

Patents AND Copyrights Offices Should Formulate Some Rules On Inventions OR Literary OR Dramatic Works Generated By AI, That Are Filed By Individuals / Companies As Inventors OR Authors!

 

I am not against the AI generated work. I am merely against who should be considered as the Original Proprietor / Author / Inventor of the work generated by AI! So far, there’re no guidelines whatsoever have been issued by the concerned offices, that if the work is generated by AI, then, the Author or the Inventor or the Applicant or the Owner, shall submit an UNDERTAKING clearly mentioning that they are merely the Owners or Applicants of the AI generated work, and not the Authors or Inventors; and then, such applications should be Accepted on “AS IS” basis work, clearly writing the same details.

The Social Media Usage May Now Be Considered As Equivalent To Smoking! Can Its Usage Be Banned At Public Places If Used Without Headphones? YES!

 

United Airlines has banned the use of mobile phones playing audio/video contents without Headphones. Should have been done by every Airline, Railways, Bus Transportation System etc. long back. Not only them, but playing audio-video contents on mobile phones at public places without headphones should also be banned at Coffee Shops, Restaurants, Public Places. People playing YouTube Reels, Videos, Instagram blabbering, at public places without using Headphones, anticipate that the person sitting or standing next to him/her would also enjoy their brain rot, or, 24/7 commentary videos. And as you cannot argue, you end up vacating that seat or place only.

The Real Dilemma Of NOCs of Author(s) In Copyrights!

 

Authors) and Artist(s) can only be the Natural Person(s). Herein the dilemma ensues and how the TRIPS may be in the direct collusion with respect to the Territorial Laws of different lands. I’ll discuss that one by one hereinafter. But first, in short, the equations:

1.     Author(s) == Natural Person(s). and;

2.     Natural Person(s).equals (!Entity).

The Law Should Follow Rule Of Physics, And, Maybe Not Mathematics!

 

In one of my earlier blogs, I opined that, how the dilemma of trial can be circumvented by deciding at the time of framing of charges, the outcome, rather moving that to in future trial, because that is a mathematically driven resolution, which is incoherent with the subject of law that stands on the substrata of philosophy also. How? I give you some examples.

The Dilemma Of Myriad Licensing Agreements!

 

Disney signed a Licensing Agreement with OpenAI for using its characters. Whilst ByteDance danced on the Cease and Desist notice, and now have pledged to safeguard the IP Rights. At Least ByteDance took a pledge to respect the BERNE; UNLIKE other AI companies & search engines, who were training their modules vide scrapping WEB, and busy putting blame on the USERS only, for generating an infringed output. That’s why in one of my earlier blogs I’ve mentioned that, use these generative AI platforms etc. mostly either for personal use or for the R&D activities, despite of their non-deterministic nature.

The Coding, The Copyrights, The Inventions!

 

I was a Weekend Coder doing it for FUN. It started in 90s with C, then C++, creating for instance, dummy model of Train Ticket Booking System; and before that, HTML, for building websites; then, moving towards the VC++, Core Java, Javascript (for GUI; sometimes using Core JAVA for the GUI which was more tedious to maintain the flow of alignments; whilst sometimes using VB, which was quite easier), J2EE  / J2ME (JSP for WEB based), SQL, some part of Oracle for the backhand DB connectivity; until the APP era came in late 00, and then the Android, IOS, Windows, Blackberry (I presume) exponentially replaced the WEB development. Windows and Blackberry eventually vanished. But I switched on to the Android part basically where in the early 2010, building both the Native and Hybrid APPs on Weekends. if I correctly remember, in one of my APP, I used the GPS feature to draw an image automatically, while you move your cell anywhere. In another one, I used APIs of NASA for Mars Rover related APP. That was interesting! And the most easiest Language I would say would be PYTHON, if I’m not wrong. In the initial era of the coding, you had to define even the margines, alignments, and adjustments. When I was doing that with Core JAVA, C++, or, C, it was even more difficult. But with JS, always easier. And in the era of APP coding (Eclipse), it became quite simple. Then, I also did Coding at Embedded Level, designing the Circuits, or, controlling RASPBERRY PI vide Bluetooth APP that I built in Android, like creating a Prototype of fire extinguisher, NERF shooter etc. controlled vide my APP. This all I was doing on the Weekend for FUN, or while traveling to my workplace in the BUS. I even worked on building Drivers, that were more difficult to CODE than to build any Native or Hybrid APP. This all I did until 2016, then I lost the touch, and stopped doing so. And one thing in Coding is that, if you’re not Coding, for let’s say six months, then you’re as good as a fresh coder. Ask this question to any Coder. Today you’ve AI to CODE, which is more boring I would say.

So, from Breadboard to actual Circuits, from C to Android to cross platforms APPs, I always wondered, where can the inventive features be drawn in all this. Because at the end of the day, you’re using Libraries already defined, APIs been derived etc. At the embedded level, it was justified, as I myself worked on that. But at the basic SW level, let’s say for a web portal related to matrimony or social networking site; where one can find the inventive feature? At one point, when owners of these Social Networking sites came forward and said that, “The ‘LIKE’ Button Is an Invention! Then, I Honestly got Confounded and asked myself, could that be?”

What one thing I’ve found that, Computer Engineering is not an Engineering Subject! Nope! It should’ve been treated as Computer Science from the beginning, not Engineering. Further, if we wanted to add Computer Engineering as the subject of Engineering, then, its curriculum should’ve been amalgamated with:

1.     Embedded Engineering

2.     Electronics Engineering

3.     Computer Science

4.     And if possible, some part of Electrical Engineering    

These four subjects together should’ve been considered as the subject of Computer Engineering, wherein, then the scope of the inventiveness could’ve been more elaborated. That’s why anything Software related was mostly restricted to Copyrights only.

Am I missing something!😊

© Pranav Chaturvedi

Some Suggestions For The Originators’!

 

There are Inventors who ne’er Invented a thing, YET, have Patents in their Names; not as Applicant(s), BUT, as Inventors! Same goes for the Designs, Copyrights, Trademarks! Somehow, investors, innovators, &, representations, are becoming inventors / originators. And this ain’t a thing to be flabbergasted about! This has been happening for centuries; only the methods changed.

The same went for when I solicited for the need of inventorship certificates, even before the Certificate of Inventorship was introduced; but, it needed more upgradations, like, the contribution of each inventor in the said work, which the inventorship certificate should incorporate.

The travesty is, this false hubris is not even ending there. Now, it has been compounded into a saying -> “That My Name Is Enough Than My Work.” DUH! There is only one bad habit of the innovators or investors or representations, that, they introduce themselves in the mainstream as originators, while they not being the one! And from that point, this blog starts.  

So here are my suggestions to the Originators:

Q. The DATA On Servers, Its Governing LAW, The Law Of The Jungle In The World, AND, Erosion Of TRUST Forever!

 

 

As Emily Dickinson Wrote -> Tell All The Truth But Tell It Slant!

So, I’ll give you TWO Examples contrary to each other. Questions are same, Yet, the Results, poles apart!

In 2015, in the APPLE VS. F.B.I. matter, wherein Apple Won the Case to Protect the Privacy of iPhones by Refusing to Comply to the FBI’s demands to Create a Backdoor Key of the Phone that belonged to the San Bernardino Terror Attack Accused! Eventually, Apple also Won the World’s trust. Despite, at the time, when the Mainstream was publishing Snowden’s Columns’ about how everyone’s Data is readable, including personal and private information, and this whole concept of privacy / encryption is sham; the era wherein Assange’s columns’ getting published about the Wars and Love; and further where it was said that China cannot be Trusted; YET, Apple presented the case, and Won, and since then, Exponentially increased its Revenues! Why? Because that time, the sitting Presidente, didn’t declare to the World EXPLICITLY, that -> Henceforth, Only The Law of The Jungle Prevails Everywhere!

Now here Emily’s Poem comes into effect, as, everyone knows what was going on since ‘45, arms were getting twisted; YET, Apple was able to make a strong case, which was Accepted and Welcomed by the World, and its Market share increased, despite companies like Huawei too were making incredible Inventions, but, it was also greatly marketed, that the DATA Servers in China are Riskier, compared to the Servers in US, which was also true!

One Question -> When The International Law Has Already Fallen With The Fall Of Venezuela, Where LEGALLY We Are Heading W.R.T. WIPO, TRIPS Etc. Treaties?

Take this Important Example: My Client begs and borrows money, to pay WIPO’s Fees, and now awaiting for a decision on a good faith, knowing that he / she has  not done anything wrong. But the person against whom my client has filed a Petition, belongs to a Nation, that has Bad Relations with My Client’s Nation; and the Person who has been appointed to decide the Award / Order, clearly takes instructions of that Pugnacious Nation who had / has appointed him / her, as that Nation has an Upper Hand in the Appointment. And eventually, the Award / Order comes against My Client, solely because of the above Reason! Then what is the Legality of WIPO, TRIPS etc., as these Institutions would be the next Target of the Pugnacious Beings!        

Not Everyone likes Fighting! Simple! Honestly, I Hate Guns! I’m not Pugnacious! And I don’t have that much Energy also; but even if I had, I would’ve channelized that for other purposes! So, should my sobriety, humbleness, humility, be considered as Weakness, and thus, I be attacked by those, in whose lives, ANGER works 24/7? This is exactly what happened to the International Law today! Those who can’t Converse -> Wreck! The curse of and for the Vernaculars!

What Should Prevail In The Age Of WWW? Global Prior Use, OR, Territorial Rights! Well That Depends!

 

Can Doctrine of Territoriality be Misused? Albeit should not! But time down the line it has been proven that such misuse of Doctrine of Territoriality always prevailed. And in my previous theories and blogs, I’ve suggested that a new guideline for domain name registrations too are needed, besides amending Article 16 of TRIPS w.r.t Doctrine of Territoriality in case of Trademarks, else, should radical ideas like let the Internet be Split and governed territorially henceforth be implemented? As then, there’s no point of one centralized concept of Internet, the way it is run today! And then, it would justify Doctrine of Territoriality! So, let the traffic then be directed, just alike our Passports used at the Borders for Vetting purposes! “Sire, You’re Travelling Alone? We Need To Vet Your Thoughts! Get A Wife, Get A Life! We Won’t Let You Come Alone Inside, So Steps You Must Abort!”

The Dilemma When Trademark Is Registered As Copyright, But, The Timelines Intersect?

So, when your artistic work is capable of being registered as design, then it cannot be registered as copyright, in case certain design protocols on it have already been applied! And when the artistic work is to be registered as copyright, the work which is also registered or is capable of being registered or used as a trademark, then you would require NOC from the trademark. Herein the dilemma originates, on which I had also written couple of blogs long back. Also, a trademark cannot be registered if it is protected by copyright.

The Dilemma Of TRIAL, And, The Paradoxical Situation Of Silent Version Res-Judicata!

 

Not My Expertise, of Course, YET, a proposal, as I sense a Paradoxical situation herein; and do correct me if I’m wrong! Because long back also, I made a proposal & introduced a Theory, as how the Legal System can be upgraded for quick redressals and decisions, without putting burden on anyone. That Link of my Blog is given in the end.

Tricky Question -> Should Processed Food Companies Be Using Labels Of GI (Geographical Indications) Related Goods & Products?

 

This one would be interesting to contemplate. Let’s say you’re a beverage manufacturing company. Now issue is you’re allowed to use the Washington Apples or Alphonso Mangoes; BUT, the problem comes that, even as a primary ingredient, the composition of those mangoes or apples are sold in diluted form; diluting the significance of GI only. Why?

Should You Be Using Your NAME, OR, SURNAME While Introducing A New Brand In Today’s ERA? My Suggestion -> Please Don’t!

The Promoters/Founders would always want their names to be remembered with the Companies / Brands they founded. Indeed! But that was possible back then in the Conservative Era, wherein only the names mattered! From a boutique Tailor, to Bakery, to a Mechanic etc. all ran on the Goodwill & Reputation Capital of any Surname or Name back then. But today, that runs on the Reputation Capital created by the Name of any Company or Brand!

NOW:

This is true that not all Brands excel! But once they pass a certain litmus test, then their names play an important role for Future M&As; especially in the case, wherein the Company’s Promoters/Founders at some point, have entangled themselves with some serious legal troubles!

Just An Opinion -> If In Late 90s OR Early/Mid 00, You Had Harvested / Scrapped / Mined DATA On The NET, The Way Today’s Few AI OR Web Search Companies Did; Then Honestly, Even A Search Notice Might’ve Been Issued Against You By The Likes Of Interpol, For Doing Such Acts!

 

Every second person is into AI today, diluting the whole context and concept, why and for what, AI was initially invented at the first place! BTW, how many are in Quantum Computing? Or deriving more powerful Chips? Hardly few! Because it’s difficult, and as in it, Free scrapping of DATA isn’t involved!

What was once done at the Retail Store inside, or, at the entrance of any MALL back then; now been executed on/by the APPs or Web Portals! But at least in the Former case, it was restricted to purchase experience(s) only!

Taking few leaves or flowers from a tree, plucking some fruits from it, once in a while, is of course acceptable and allowed! BUT, harvesting the entire tree, its fruits, flowers, and that too -> UNTIL Next Season, is altogether a different story! There was this quote in the mid-00, that DATA would be the New Gold one day! Now, how many governments / organizations would allow -> Open Gold, or, Museum Heists (IF DATA == GOLD)? None! So why in case of DATA alone?

The Isaac Asimov’s “Three Laws Of Robotics”, And The Reasons Why They Eventually Can Be Broken By The Robots, Legally!

 

Asimov’s Three Laws Of Robotics!

1.     A robot may not injure a human being, or, through inaction, allow a human being to come to harm.

2.     A robot must obey the orders given it by human beings except where such orders would conflict with the First Law.

3.     A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.

But, the first law itself can be divided further into two separate laws:

1.     A robot may not injure a human being; OR,

2.     Through inaction, allow a human being to come to harm. 

Paradox! And if read with the Second and Third Law, then they give sweeping Powers to the Robots! How?

Now, before moving forward, please understand that why I’ve included the DABUS case herein below, as eventually, a personhood would be legally granted to the Robots, once they are Commissioned in the PUBLIC Services, for taking actions / inactions on behalf of the Governments or Private Sectors. Just alike a Company!  

NOW: