A fitness data recording device that lacks programming is considered a product of China, Customs and Border Protection determined Monday. The Whoop Strap is programmed in the U.S. after being imported. “The article, in its condition as imported, is incomplete and non-functional as it lacks the software and firmware necessary for it to function,” CBP said. “The incomplete Whoop Strap, at the time of importation, is a product of China. CBP is of the view that programming would not result in a substantial transformation.” China isn't part of the World Trade Organization Government Procurement Agreement, which means the Whoop Strap as imported would not be considered “a product of a foreign country or instrumentality,” CBP said.

While VCRs and then DVDs were a staple of convenience TV viewing for decades, the era of subscription VOD has in many cases obviated the need for recording, raising questions whether consumers will notice or care much about a looming fight to stifle ripping of YouTube video streams, nScreenMedia analyst Colin Dixon blogged Sunday. Consumers "may lose the hard-won right to record the shows and movies we watch in the transition to digital video services," he said. "Few may even notice the loss" since most people won't be involved in YouTube ripping, he said.

COVID-19’s closure of theaters in 2020 disrupted Hollywood’s movie release schedule, and with many theater release windows gone for now as a result of the pandemic, “content producers have the opportunity to go try things in a new way without crashing the system,” said Interpret Vice President Brett Sappington on a Tuesday Brightcove webinar. With Universal, Warner and Disney capable of monetizing movies through company-owned streaming services, “what do theaters look like?” post-coronavirus, he asked. “Do they come back and at what scale?” He offered the possibility of a distributor buying a movie chain to control distribution. The market for theaters will “erode significantly, more than we want to talk about,” said Brightcove analyst Jim O’Neill. Studios have been trying to control theatrical outlets for some time, said Allan McLennan, CEO of Padem Media Group. “Now, being able to get in and actually have a little bit of leverage to keep themselves alive is very key.” AT&T is putting its completed 2021 film slate out through its HBO Max service in a one-month streaming exclusive that’s simultaneous with theater releases (see 2012080063). Brian Carroll, Ladies Professional Golf Association senior vice president-global media distribution, said streamers are “nibbling” into live sports content under different approaches including nonexclusive deals, documentaries, previews and highlights: The LPGA hopes to make more content available over streaming.

Adding legislation for a voluntary small claims board within the Copyright Office to a must-pass spending bill is “inappropriate,” the Computer & Communications Industry Association said Monday in response to reports of the spending legislation including the Case Act (see 1910210039). “Exposing small businesses and internet users to high penalties without effective due process in a new venue would enable litigants to circumvent the existing safeguards provided by the federal judicial system,” said President Matt Schruers.

Verance and Samsung appear to have settled their legal spat over Verance allegations that Samsung reneged on $1.31 million in license royalties for the 7 million Blu-ray players it shipped embedded with Cinavia audio watermark detectors (see 2009200001). The case was terminated Nov. 30 after Verance attorneys filed a notice of voluntary dismissal (in Pacer, docket 1:20-cv-07720) with the U.S. District Court in Manhattan. Verance described Samsung as “an important business partner” even after filing the action in mid-September, expressing hope then that the matter would be “resolved quickly and fairly.” There was little or no activity in the docket since the case was filed. Verance declined comment Friday about the apparent settlement. Samsung didn't respond to questions.

As China gains ground in technology, Congress should pursue more investment and restrictions to prevent China from accessing sensitive U.S. technologies, the U.S.-China Economic and Security Review Commission reported Tuesday. Commissioners said China’s access to U.S. technologies is helping it innovate and export surveillance tools and other advanced technologies globally. Commissioners expect trade restrictions to continue. “There is greater scrutiny and presumably greater action will come as a result of not only what Congress has done, but also the identification of numerous companies on the entity list” barring such transfers and maintained by the U.S. government, Commissioner Michael Wessel told an event hosted by the commission. The report said China is seeking to dominate the development of emerging technologies by securing leadership roles at international standards-setting bodies and “rewriting the norms by which they operate.” China hopes to exclude the U.S. and EU because it views standards as a “policy tool to advance its economic and geopolitical interests,” the report said. Experts told the commission this earlier this year (see 2006250050). The U.S. should create an interagency executive committee on international standards to form a coordinated response to Chinese actions at these bodies, said Commissioner James Talent, ex-Republican senator from Missouri. Talent said the committee would be modeled after the Committee on Foreign Investment in the U.S., with “high-level political appointees” from agencies with jurisdiction over standards setting, such as the Commerce Department. The White House didn't comment Wednesday on the recommendations in the annual report to Congress. China sees "the so-called commission" as having "always been ideologically biased against China," said a Foreign Affairs Ministry spokesperson Wednesday. "There is no factual basis for the vilification and smear of China in various reports it has fabricated."

Facebook’s oversight board will review content moderation cases concerning hate speech, adult content and harmful material on Facebook and Instagram, said the company Tuesday. The cases include violence against French people, cultural disputes, nudity on breast cancer posts, Nazi quotes and COVID-19 information. More than 20,000 cases were referred to the board, which said it prioritized six cases with “potential to affect lots of users around the world.” Five were brought through user appeals, the sixth referred by Facebook. The board seeks comment by Dec. 8 at 8 a.m. EST.

The International Trade Commission opened a Tariff Act Section 337 investigation into Pictos Technologies allegations that Samsung smartphone and tablet imports rely on image-sensing trade secrets stolen from Pictos, said a Wednesday notice (login required) in docket 337-TA-1231. Pictos alleges Samsung worked with its predecessor company and was its largest customer but took advantage of its access and misappropriated the predecessor’s technology and trade secrets, then ended the relationship and left the predecessor without its competitive advantage and largest client. The ITC will consider whether to issue limited exclusion and cease and desist orders banning import and sale of allegedly infringing Samsung goods. Samsung didn't comment Monday. It blasted the allegations in a Nov. 6 filing (login required) as "materially deficient." Sen. Mike Crapo, R-Idaho, urged the agency to open the probe. Pictos is "suffering from the loss of production revenues and patent royalties" through Samsung's infringement and is "being worn down by these efforts," Crapo wrote (login required) ITC Chairman Jason Kearns Nov. 16.

China made the strategic “and unfair” decision to ban or discriminate against foreign internet companies in China, and now Chinese firms “want to be able to enter foreign markets,” reported the Information Technology and Innovation Foundation. The Biden administration should work with U.S. allies to “embrace reciprocity” under World Trade Organization rules and principles, said ITIF. As long as China doesn't let foreign internet firms operate fairly in China, those nations should enact measures that “exclude or disadvantage” Chinese internet firms in their own and third-country markets until there's reciprocity, ITIF said. There’s likely little that other governments can do to open up China’s internet market, “but they can and should contest Chinese firms’ efforts to gain market share overseas,” it said. The Commerce Department “should expand and upgrade its network of digital attache positions in China and other U.S. embassies around the world,” it said. “The next administration should work more aggressively in international bodies to defend cross-border data flows and empower industries to forge international standards that ensure a level playing field.”

Chinese President Xi Jinping sent Joe Biden a congratulatory message Wednesday on his victory in the Nov. 3 election, reported the Chinese Embassy in Washington. Promoting “healthy and stable development” of China-U.S. relations “serves the fundamental interests of the people in both countries” and “meets the common expectation of the international community,” Xi told Biden, according to the account. The Biden transition team didn’t comment.