Entrepreneurs to Congress: Act on Patent Troll Suits

Engine and the Electronic Frontier Foundation join with more than 60 entrepreneurs, investors, and innovators to ask the House Judiciary Committee to take action on patent trolls. Our call to action supports the reintroduction of Congressman Peter Defazio’s SHIELD Act, a measure aimed at reducing costly litigation created by non-practicing entities. We’re encouraging Congress to consider legislation that helps protect startups from litigation that stifles economic growth.

Alexis Ohanian, co-founder of reddit; Dallas Mavericks owner Mark Cuban; Brad Feld and Jason Mendelson of Foundry Group; Brad Burnham of Union Square Ventures, and David Cohen, founder and CEO of TechStars are among the individuals who signed on to the letter.

Today’s letter demonstrates agreement in the innovation and investment communities on the harmful nature of litigation to companies across the country. Find the full text of the letter below.

Dear Chairman Goodlatte and Ranking Member Conyers,

We, the undersigned, write today as entrepreneurs, investors, and innovators in support of the Saving High-tech Innovators from Egregious Legal Disputes (SHIELD) Act and other legislative measures aimed at reducing costly litigation created by non-practicing entities, often referred to as patent trolls. Congress should consider measures that shift incentives away from those who game the system and toward an innovative economy and competitive market.

As President Obama acknowledged earlier this month, patent trolls, “essentially leverage and hijack” patents originally issued to others in an effort to “extort” money through litigation. Young, innovative companies are increasingly targets of these lawsuits. While big companies paid much of the $29 billion in direct costs resulting from activities by patent trolls in 2011, the costs made up a larger share of small companies’ revenue. In fact, the majority of companies targeted by patent trolls have less than $10 million in revenue.

Without startups, there would have been no net job growth in the United States over the last two decades. Congress needs to make measures like the SHIELD Act a priority in 2013 so that innovative companies and entrepreneurs can continue to grow without the threats posed by non-practicing entities. Congress must take action and fix the patent troll problem. We urge the committee to call hearings on patent troll litigation and to solicit information from the innovation community at-large.

Sincerely,

Nathan Allen
Four First Names

Luis Arbulu
Hattery

Joen Asmussen
Automattic Inc.

Seth Bannon
Amicus

James R Bazet
Cobra Electronics Corporation

Matthew Bellows
Yesware, Inc

Paul Berberian
Orbotix, Inc.

Aaron N. Block
BayRu LLC

Matthew Y. Blumberg
Return Path, Inc.

Brad Burnham
Union Square Ventures

David Cohen
TechStars

Jessica Cole
Roammeo, Inc.

Dave Copps
PureDiscovery

Mark Cuban
Dallas Mavericks

Rutul Davè
Bright Funds, Inc.

Pete Davies
Automattic Inc

Christian Dawson
Internet Infrastructure Coalition

Derek Dukes
Dipity

Mat Ellis
Cloudability

Edward Engler
Pittsburgh Equity Partners

Tim Enwall
Mobiplug Networks, Inc

Brad Feld
Foundry Group

Rand Fishkin
SEOmoz

Chris Franks
Moblify

William Randolph Fry
Fry’s Electronics, Inc.

Nick Hamze
Automattic Inc.

Erick Hitter
Automattic Inc

Trenidad Hubbard
Game Face Sports International, LLC

Terry Floyd Johnson
Showdown Royal

Jeevan Kalanithi
Sifteo

Seth Levine
Foundary Group

John Levisay
Sympoz Inc.

Benjamin Lewis
The MadCelt Studios

David Mandell
PivotDesk

Michael Masnick
Floor64, Inc.

Ryan McIntyre
Foundry Group

Josh Mendelsohn
Hattery

Jason Mendelson
Foundry Group

David Merrill
Sifteo

Jesse Miller
Attachments.me

Christopher Neumann
Datahero, Inc.

George Northup
Memeo Inc.

Ethan Rishon Oberman
SpiderOak, Inc.

Alexis Ohanian
reddit

Scott Petry
Authentic8

Daniel Pidgeon
Starpower

Lamar Porter
CIKI, Inc.

Ian C Rogers
Daisy, A Beats by Dre Company

Toni Schneider
Automattic Inc.

Paul Sieminski
Automattic Inc

Keith Lloyd Smith
BigDoor

Jesse Suchmann
DIGITAS

Steven Tiffen
The Tiffen Company

Joshua To
Hattery

Max Uhlenhuth
SilviaTerra

Elizabeth Urello
Automattic Inc

Alexander Shalek White
Next Big Sound

Victor Wong
PaperG

Skylar Woodward
Trumo, Inc.

Adam Wooley
Brute Labs

Gary Yacoubian
Specialty Technologies, LLC dba SVS

Jun Zhang
Vercury Inc.

What You Need to Know About Immigration Reform

In the past few weeks, immigration reform has come back into the limelight on Capitol Hill. The post election climate is such that immigration is a priority for both Republicans and Democrats. President Obama made it clear last week during his State of the Union address that he expected a comprehensive bill on his desk in just a few months, not in a year or two. Though there is no comprehensive reform bill as yet, lawmakers have started drawing the battle lines around issues such as border protection and the path to legal residency for the thousands of undocumented immigrants who already live in this country.

A few lawmakers, however, are looking at another side of the issue as well. As the President outlined in both his immigration reform proposal and the State of the Union address, comprehensive reform must include high skilled workers, many of whom work at startups. Take for example the stories of Fabien Beckers and Rutul Dave highlighted in the Wall Street Journal last week. Beckers, who co-founded Morpheus Medical, a company that creates 3D models of soft tissue from MRI readings, struggled to find funding for his startup because he could not get an H-1B visa (the visa category for temporary workers). As a co-founder, he was not technically employed by the company, therefore he did not qualify for the employer-tied H-1B visa. Rutul Dave, co-founder of Bright Funds, was sponsored by Cisco and unable to start his own company until his green card came through.

Among startup founders, stories like these are not unusual. According to a recent study, immigrants are almost twice as likely to start a company than American workers. In fact, nearly a quarter of the engineering and technology companies founded in the U.S. between 2006 and 2012 had at least one key founder who was foreign-born. In 2012, these companies employed roughly 560,000 workers and generated $63 billion in sales. However, immigration laws are such that we are still sending U.S. educated STEM (Science, Technology, Engineering, and Mathematics) graduates back to their native countries because of visa caps.

Here’s a look at the various proposals circulating right now that are aiming to address these issues:

The White House proposal:

The only comprehensive proposal in consideration right now has come from the White House. There is no legislative text, but rather, an outline that lays out the Administration’s goals.

The President’s proposal specifically creates a new visa category for entrepreneurs who are financed by U.S. investors or U.S. customers. If the company grows, this startup visa allows them to stay in the U.S. permanently. For those who receive advanced STEM degrees in the U.S., the President’s outline calls to “staple” a green card to their diploma once they find employment. Though these masters and doctoral students will undoubtedly contribute to the American economy, this plan may not help startups hire talent who choose to enter the job market after completing a bachelors degree.

The Senate’s solutions - Startup Act 3.0 and I-Squared Act:

In addition to the President’s proposal, friends of the startup community have introduced legislation to fill the void, including the Startup Act 3.0 and the Innovation Immigration Act (I-Squared Act).

The Startup Act 3.0, introduced by Senators Moran, Warner, Coons, and Blunt, creates a new visa category for startups. The bill creates 75,000 entrepreneur visas for entrepreneurs who secure $100,000 in VC funding and already have an employer-based H1-B visa or any student F-1 visa. The Startup Act also introduces a new visa category for STEM masters and PhD graduates by creating 50,000 new STEM visas. For the Entrepreneur visa, the individual must have completed college, but the Entrepreneur visa does not require a masters in a STEM field. Though skilled founders will have to find some way to get here before qualifying for this entrepreneur visa, their educational background will not be limiting, as it was in the previous version of this bill.

The key takeaway here for startups is that a foreign founder cannot move to the U.S. just to start a business. For someone like Fabien, who graduated from an American university, the Entrepreneur visa would have made his immigration process easier. But the act doesn’t grant a visa to an entrepreneur who wants to move to the U.S. to start a business that employs Americans -- and who has already received VC funding -- simply because she is currently outside the states.

The I-Squared Act, which was introduced by Senators Coons, Hatch, Klobucher, and Rubio, handles the backlog of visa requests a little differently. Instead of creating a new visa category to address the needs of startups and high-skilled workers, it increases the cap for employer-based H-1B visas from 65,000 to 115,000. It goes even further in reducing the backlog by tying the number of available visas to market demand. This system is less limiting -- H-1B visas are reserved for college graduates in any field, as long as they can prove that their skills are needed by an employer.

In terms of startup founders, the I-Squared Act relies heavily on changes to green card policy. It exempts STEM masters and PhD. graduates from the green card caps, allowing highly educated STEM workers to pursue their own startup dreams. For example, this could have made it easier for Rutul to start his company years ago, rather than having to wait for his green card.

Both the I-Squared Act and the Startup Act 3.0 eliminate the per country-cap on employment based visas, making it easier to recruit top talent from any country. The key difference with the I-Squared Act is that when the technology economy is booming, as it is now, and the demand for technical talent is high, more visas would be allocated.

What does it all mean?

None of the proposals do enough on their own to champion the needs of startups, though all have components that are key. There are two key needs that should be addressed by any high-skilled immigration proposal: First, we must make it easier for entrepreneurs who want to come to this country to start a business and create new jobs. The Startup Act 3.0 addresses this problem by creating a new visa category, but requires that recipients already have another employment or student visa. The second need is the ability to hire the best and the brightest talent, no matter where they are from. Increasing the H1-B visa cap is the best way to do just that, and the I-Squared Act addresses this need through it’s market-based approach.

However a few questions remain: What of those founders whose first venture fails? Take for example Twitter, which started as a taxi dispatch service. In a culture that values and forgives failure, where ‘pivoting’ a business venture is the norm, and where second opportunities are part of our founding ethos, entrepreneurs need time as much as they need money-- a need that none of the bills or proposals addresses. If a brilliant computer scientist gets a visa to start a company that isn’t successful, she isn’t provided a chance to innovate and try again--and we lose another talented inventor. Both of these bills and the President's proposal attempt to quell the demand for technical talent, relying heavily on masters and doctoral students to fill the ranks at startups. But when was the last time you met a software engineer at a startup with a Ph.D.?

Let’s face it, startups want smart people - it doesn’t matter if they have a STEM degree, where they were educated, or what their nationality is -- as long as they are passionate about the business, and have the talent to help an enterprise grow.

Bringing More to the Patent Discussion

Innovators may have the opportunity to work more closely with patent regulators as they expand their operations to the West coast. On behalf of Engine, I headed to Stanford University on Tuesday to speak alongside individuals from the Electronic Frontier Foundation, App Developers Alliance, and CodeX as well as two independent developers about the need for greater innovation in the patent regime.

The United States Patent and Trademark Office kicked off its “Software Partnership Roundtable” series seeking input on how to better handle overbroad software patents. Many of us highlighted the opportunity to use new technology to help patent examiners avoid issuing overbroad or unclear patents.

These problem patents are largely to blame for the increase in suits filed by non-practicing entities, often referred to as “patent trolls.” New research from Santa Clara University professor Colleen Chien shows that 82 percent of those facing patent troll suits have been sued on the basis of a software patent. The PTO sought input specifically on overbroad software patents making functional claims that may encompass any number of technologies. Think of Lodsys’ alleged patent on in-app purchases or the disputed “pull to refresh” patents.

Entrepreneurs, investors, and software developers are growing increasingly wary of the patent system both because of potential litigation and due to limited resources to file for and license patents. In a startup’s first year, the company will likely run on little more than the savings of the founders, a few credit cards, and the company’s ideas and innovations. Angel and seed-stage investment don’t provide much financial breathing room, making the fees and time associated with filing for a patent a luxury at best.

Trust in the patent system has eroded. Companies and organizations including Twitter are creating defensive patent systems to help innovators avoid the negative externalities associated with patent litigation. The relationship between developers and the patent system is not so much broken as it is nonexistent in many cases. As two Washington University economists noted in a recent Journal of Economic Perspectives article, engineers are actively told by companies to not “search, view, or speculate” on patents. As one Microsoft engineer testified, “Ignorance is bliss and strongly recommended when it comes to patents.” Big companies often encourage their engineers to avoid patents in an effort to minimize damages should they be found to have infringed an existing patent.

One potential opportunity I dicussed was drawn from Harvard Law professor Yochai Benkler’s book The Wealth of Networks. In 2002, another resource-constrained government agency -- NASA -- successfully launched a clickworkers project to map the surface of Mars. After 6 months and over 1.9 million entries, the survey work was almost indistinguishable from that of a professional geographer. It’s not a perfect case study, but an example of how technology has been used to bring the insight of ordinary citizens into problem solving at a massively complex level.

Communities ranging from Quora to Wikipedia have demonstrated the internet’s capacity to harness collective intelligence, cut through the noise, and provide reasonable guidance on any number of issues. Civic startup groups like Code for America are also demonstrating what a teams of engineers with access to government data can contribute to benefit citizens and businesses around the country. I don’t know if these models would necessarily work for the patent office, but I think the idea warrants discussion, especially as the demand for more rigorous patent review increases.

The confusion created by overbroad patents comes as platforms like GitHub make it easier and easier for software developers to engage in a flexible, responsive, and accessible way. The patent system was built around similar principles, but has become a confusing thicket for most people. To make this partnership successful, the patent office needs to mend the break with innovators while increasing transparency, rigor, and accessibility. I think the startup community can help and Engine will continue to look for opportunities to contribute.

Picture courtesy of Alan Kotok.

Tech State of the Union

Today, President Obama will deliver his view on the state of our union to the Congress, as mandated by the Constitution. Tradition, and the aforementioned constitutional mandate, holds that this speech serves as an opportunity to set the President’s legislative agenda for the coming year in consultation with Congress. While these speeches are often far-reaching in promise and grand in tone, they serve as a platform for many interested parties to get a sense of how their policy goals might mesh with the legislative calendar for the coming year.

We at Engine have set fairly aggressive policy goals in many different fields. We are looking forward with particular interest to hearing what the President has to say about technology, and to seeing what the Congress intends to do in the coming year. Be it immigration reform, patent fixes, or reforms in other areas, we’re looking to this speech as a moment when we can get a sense of what we can reach for in 2013.

No matter what is discussed, and what policy priorities are laid out in front of us come Wednesday morning, we know that we won’t be able to achieve anything alone. To that end, we’re partnering with Google and local incubators and tech councils throughout the country to have a series of events this week on tech policy, where we’ll discuss what you as an entrepreneur, investor, or startup aficionado can do about advancing a range of policy goals while maintaining your focus on building your business.

We’ll be holding these events in five startup cities around the country, from Boston to LA, New York to Austin, and beyond, and we hope they will serve to build the core strength of our community in policymaking. By engaging with the issues as a community, collecting and sharing stories, and planning our next moves, we can set ourselves up for making positive changes to the policy and regulatory landscape in 2013. And, just as important, we hope these events will give you the chance to see how many of your friends, colleagues, and fellow travelers in the startup world are also happy to get involved and make it easier for startups to thrive in America.

If you're in Cambridge, join us tonight: Event details and RSVP form.

Or, join us on Wednesday February 13th in Austin: Event details and RSVP form.

Join us in San Francisco on Friday February 15th for our Block Party: Engine Block Party.

Photo courtesy of WCHI News.

Join us for Startup Day on the Hill

Over the last year, Engine has worked to improve the entrepreneurial environment by providing knowledge to both lawmakers and startups about the issues that impact our community. We’ve released our first paper, met with officials in our offices, and brought entrepreneurs together around issues. One of our most successful events has been Startup Day on the Hill. Last year, we took 18 startups from all around the country to talk about the products and services startups are creating and how archaic laws are impacting their ability to innovate. Now we’re gearing up to do it again.

This year, Startup Day on the Hill is aimed at showing lawmakers that startups are creating jobs all across the country and spurring economic growth across many sectors of the economy. On February 26th and 27th we are taking Congress by storm. We’ll be meeting with the Chief Technology Officer at the White House, talking to Senators and Representatives about how immigration reform impacts the technology community, and educating our elected officials about the issues that directly affect our ability to invent, start companies, and create jobs.

The startups coming to Washington are making the next generation of educational toys and inventing new approaches to semantic search. They are pioneering medical devices to help detect and prevent heart disease, and building low-cost satellites to provide universal access to information about the changing Earth. These are just a few examples of the work that we’ll showcase for legislators -- work that is disrupting industries, creating new economic opportunity, and creating greater social good.

Check out our website to find out more about the agenda and consider joining us, too. Make your voice heard.

Entrepreneurship, Innovation and the Global War for Talent

Innovation – “the process by which individuals and organizations generate new ideas and put them into practice” – has over the past two centuries been the bedrock of the United States’ economic growth and national competitiveness. From the energy to the computer industries, America’s innovative sectors have been the key drivers of the economy, raising living standards and improving workforce productivity.

Last year, the Information Technology and Innovation Foundation and the Kauffman Foundation released the Global Innovation Policy Index and benchmarked the effectiveness of the innovation policies of 55 countries - including virtually all countries in the European Union, those in the Organization for Economic Co-operation and Development (OECD) and the BRIC economies (Brazil, Russia, India & China) among others. The Policy Index assessed nations based on seven core innovation policy areas: trade and foreign direct investment, science and R&D, domestic market competition, intellectual property rights, information technology, government procurement and high-skill immigration.

Based on the index, the United States placed in the top tier in every category except openness to high skill immigration.

As the competition for global innovation leadership intensifies, countries around the world are strengthening their innovation policy agenda to attract the world’s brightest and best. Just this month, Canada announced that it will roll out a startup visa that will encourage partnerships between foreign innovators and the Canadian investment community.

Singapore which has for long been ranked by the World Bank as the world’s easiest company to do business in has rapidly risen as a magnet for foreign entrepreneurs looking to establish their businesses attracted by provisions such as the EntrePass designed to facilitate the entry and stay of entrepreneurs.

Chile’s startup program, “Startup Chile” is well known for attracting early stage businesses to start their business in Chile with the ultimate goal of attracting world-class early stage entrepreneurs to start their businesses in Chile and converting Chile into a global innovation hub.

Staying competitive in the global economy will be determined by a myriad of factors; key of which is the global competition for talent. As the market for talent becomes more and more diffuse, smart policy should focus on attracting the world’s best to innovate and create the next game changing businesses.

Celebrating The Free and Open Internet

One year ago today, the internet community came together as never before. Users, entrepreneurs, policy experts, and activists united to defeat the Stop Online Piracy Act and Protect IP Act. The downfall of SOPA and PIPA opened a new chapter in internet and technology-based activism and sent a resounding message to Washington: protect the free and open internet.

Today, we’re launching “Stop The Wall” a video that shows how Engine fought to stop SOPA and PIPA, and how we as a community succeeded through the dedication of so many engaged individuals across the United States who took the time to call their legislators.

With the new Congress, we aim to make startups and entrepreneurship a central priority for lawmakers -- beyond copyright. Patent, immigration, spectrum, data, and financial regulation will all be debated in the coming months. The Engine team expects to be at the fore of these debates, connecting our members to Washington and reminding policymakers that the internet is powering our economy.

The last year hasn’t been without its blows. The recent passing of Aaron Swartz is an immeasurable loss, foremost to his family and friends, and also to the internet’s collective voice. Demand Progress, Aaron’s organization with whom Engine collaborated during the SOPA/PIPA fight, is just one aspect of his important body of work, which touches everything from public policy, Creative Commons, Reddit, and RSS. As we celebrate our community’s efforts on January 18th last year, we also remember Aaron and strive to continue the work he devoted his life to.

Tonight, we’re gathering with members, friends, and fellow activists to celebrate the end of SOPA and PIPA. We will also reflect on the life, work, and spirit of Aaron Swartz.

His life demonstrates yet again the power of the internet to enable one voice to overcome a chorus of conventional wisdom. Aaron empowered many in the fight against a closed internet and obsolescent legal structures. Engine aims to continue this fight and to act as an agent of change in government.

Thank you for your commitment in 2012. The internet is, and will continue to be, better because of the work of people committed to our internet and our economy.

After CES: One More Thing About Patents

Startups are taking the lead in the debate on patent reform, but the nature of litigation is keeping too many victims silent. Settlements agreed to by startups often prevent information from coming out about the hardships faced by entrepreneurs.

On Tuesday, I had the opportunity to sit on a panel at the Consumer Electronics Show with patent experts from groups including Google, EFF, and Newegg. A lot of ground was covered (find great roundups in Ars Technica and Forbes), but we ran out of time before addressing one of the most critical issues facing startups: the inability of many companies to discuss cases after settling.

Why is this big deal for startups? As moderator Marvin Ammori pointed out at the end of the session, his call for questions on Twitter was answered by a host of direct messages from entrepreneurs unable to discuss the terms of settlements made. This opacity prevents a truly comprehensive understanding of the damage wrought by entities abusing bad patents.

Not much can be done to combat the silence imposed by gag orders and NDAs, but
Congressman Peter DeFazio, an Oregon Democrat, highlighted legislation during the panel that will help start the conversation on litigation reform in Congress. By decreasing the incentives to litigate, it is hoped that some of the thousands of annual patents suits may be prevented.

Startups can’t afford to be silent about the pain caused by the patent system. Engine is working to gather the stories of entrepreneurs to share with lawmakers. If you have a story to tell about the patent system, please reach out to me at edwardg@engine.is. Together we can change the way the patent system works.

Why Joining Engine Matters

Here’s a secret from a former Capitol Hill staffer -- it only takes about twenty phone calls about an issue to merit a briefing in a staff meeting. Just a handful more will get lawmakers to reconsider. Can you imagine how easy raising a round of funding would be if you only needed a hundred users?

Making laws is a cumbersome process, and changing them is nearly impossible. Whether you like it or not, lawmakers you may never have heard of -- and the decisions they make -- affect how you run your business. They have a say in how you use data generated from your users, payment processing, and hiring.

Thankfully, laws are written, tweaked, and sometimes completely overhauled based on the concerns of those who make their voices heard. While the lawmaking process might seem long, laborious, and as about as comprehensible as the reasoning behind the fiscal cliff, it really just comes down to constituents (DC-speak for users).

Take SOPA/PIPA for example, where constituents succeeded in making their voices heard. The technology community stopped the proposals, but we were forced to rally in the eleventh hour with our backs against the wall. Engine is changing that.

Engine is proactively involved in the lawmaking process, rather than just waiting to react. We get startups a seat at the table, ensuring you have a say about the laws that affect the way you run your business. We’re meeting with lawmakers, doing the research about startups’ impact, and building a community where you can contribute your opinions. But we can’t do that without your support.

I know what you’re thinking. I don’t have time, I am building a business, I’m not really political anyway. We understand that. We’re there when you need us, doing the legwork, and giving you the opportunity to educate the government about your business at the start of the conversation. Being a member of Engine means that you will know in advance when you need to be caller number twenty.

Startups Set the Stage for Patents at the FTC

The Federal Trade Commission held a workshop on patents on Monday, December 12, bringing together lawyers, academics, and industry experts to discuss issues surrounding patent litigation in the United States. Concern about startups drove the conversation at the workshop as the biggest losers in the increasingly litigious patent ecosystem, especially in presentations by Colleen Chien and Carl Shapiro.

Lawsuits filed by patent assertion entities (PAEs) -- companies that focus on buying patents for the purpose of litigation -- have increased 61 percent in 2011, according to Chien. Shapiro noted that large companies absorb the costs created by patent litigation, but that high costs for startups are emblematic of the potential harm to innovation created by PAE litigation.

As we’ve pointed out before, startups face steep costs when confronted with patent suits, especially compared to larger companies. Despite this fact, the discussion about patent litigation has centered on the battle over smartphone patents between companies like Apple, HTC, and Motorola.

We’re working to move startups to the center of the debate over patent litigation and patent reform. Reforms enacted last year in the America Invents Act provide some short-term fixes that can protect startups that have been sued. More steps are needed to protect entrepreneurs and innovation in the longer-term. At Engine, we encourage more discussions like the one the FTC held this week, bringing together stakeholders from across the ecosystem to learn from their expertise and experience.

Photo courtesy of Priya Deonarain. 

Tech America: The Spaces Where Entrepreneurs Start Up

If you’ve read Technology Works, the report commissioned by Engine Advocacy and published last Thursday, 6th December, you know the importance of startups and entrepreneurship in getting America’s economy back on track. Despite America’s status as a great place for businesses, launching a startup is a difficult task. Incubators and accelerators are organizations that make that process a bit easier, and are a crucial ingredient in the country’s future economic prosperity.

So where are these entrepreneurial instigators? No doubt you’ve heard about Y Combinator, Tech Stars, and other well-known programs. And we all know about the great things happening in Silicon Valley, Silicon Alley, and the hotspots of Austin, Texas or Boston, Massachusetts.
But you may be surprised to learn that incubators and accelerators, like the startups they support and cultivate, are all over the country - from Groundwork Labs in Durham, North Carolina and the Manoa Innovation Center in Honolulu, Hawaii, to UpTech, an accelerator located in Newport, Kentucky.

Some incubators are founded by technologists, like 8ninths in Seattle, Washington, while some are launched by universities, such as Ohio University’s Innovation Engine Accelerator. Still others are formed by major companies, like Microsoft, PayPal, and Qualcomm, who want to stimulate the next generation of technology leaders.

Back in September, with the help of Engine, the Ammori Group put together a map based on startup incubators and accelerators across the country. Our goal was to develop a way for entrepreneurs, incubator leaders, and policymakers - everyone, really - to see where the incubators are, to learn about what they’re doing, and to get involved.

If your incubator or accelerator isn’t on the map, let us know by submitting your information. If it is on the map, feel free to update your information and tell us about your experiences. And please, share this with your colleagues, friends, and anyone interested in seeing where innovation is happening in America today.

Luke Pelican is an associate at The Ammori Group

Technology Works for Startups and Our Economy

We are proud to announce the launch of Technology Works today, a study demonstrating the pervasive and important growth of the tech workforce across the United States. Engine is committed to tracking the close connection between innovation and entrepreneurship. This new research, which we commissioned from the Bay Area Council Economic Institute, demonstrates the connection between high tech employment and overall economic prosperity.

Today’s study is an expansion on the data visualization we launched during the party nominating conventions that illustrates the geographically diverse nature of technology hubs in the U.S.

More than ever, startups harness technology to achieve their goals. This means hiring more people with skills in the science, technology, engineering, and mathematics (STEM) fields, the definitive factor in the Bureau of Labor Statistics’ defintion of high tech industries. Tech-focused startups tend to start small and grow rapidly, becoming the drivers of overall employment.

It’s easy to highlight startup success stories: Google, Facebook, Pandora, Twitter, and Yelp are just a few of the relatively young, tech-based companies that employ thousands of workers. As we better understand the multiplicative effects of hiring at these companies -- and the startups that will follow in their footsteps -- the case for supporting innovative entrepreneurs becomes apparent.

Communities experience significant benefits from high tech employment. We are able to estimate that the creation of one high tech job accounts for the creation of 4.3 other jobs in a local economy. How does that work? Technology workers tend to earn more than their peers in other industries, which they put back into the local economy by consuming goods and services. Tech companies companies also rely on local services and vendors, further driving local benefits.

So while many Americans may never work for a company like Google or a technology-focused startup, they still benefit from the impact these jobs have in communities around the country. About two-thirds of the U.S. labor force works in local services, ranging from healthcare to legal services to restaurants. As Enrico Moretti, Professor of Economics at the University of California, Berkeley, said about the study, “the dynamism of the US high tech companies matters not just to scientists, software engineers, and stockholders, but to the community at large.”

Our research with BACEI makes it clear that the economy increasingly depends on innovation. Explosive job growth isn’t likely to come from the established internet giants. It will bloom from driven entrepreneurs making the most of the technologies at their fingertips. Engine is committed to continuing analyses of startups’ impact on the economy and we’re planning further compelling research in the near future.

Disagreeing Doesn’t Mean Disengaging

Uber’s recent win in Washington DC over taxi regulations has sparked some debate about the approach startups should take to dealing with government. Working with state, local, or federal government is never a perfect process, companies often rightly feel that revenue, consumer access, or effective competition are threatened by new laws or existing regulations. Whether a process involves clash or compromise, results aren’t guaranteed.

At Engine, we have worked with policymakers on proposals that impact startups’ businesses, like Startup Act 2.0, and have helped to stage wide-scale protests, as was the case in confronting SOPA/PIPA. Both approaches brought results, though not perfect solutions, and moved things in the right direction for the startup ecosystem.

No startup should hesitate from playing hardball by harnessing user-advocates who are passionate about their products if they think customers deserve to be heard. Nor should an entrepreneur shy away from engaging directly with government where discussion might improve policy. Personalities, politics, and ideas will clash whether they are trumpeted in the public square or discussed behind closed doors. We need more, not fewer people involved in the lawmaking process.

This phenomenon isn’t limited to startups. Disagreements public and private occur constantly in DC, Sacramento, Albany, and Des Moines, and involve some of the largest companies in the world. When AT&T sought approval to acquire T-Mobile, more than 40,000 public comments were filed with

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the Federal Communications Commision and firey rhetoric was directed by and at many invovled.

Engine is building tools that make it easy and effective for entrepreneurs to connect with and influence government. In the end,

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whether you work with Engine, call on your users to tweet support, or meet with a representative one-on-one, as an entrepreneur, you should feel empowered to engage with your government. Our stories and experiences matter and should help guide these debates. Startups working with government -- choosing to engage and doing so in an effective manner -- go beyond simply creating debate, they foster a stronger ecosystem for our businesses and our community to thrive.

Continuing the Conversation: A Roundtable on San Francisco, Prop E, and Technology

The move by San Franciscan voters to approve Proposition E earlier this month was something of a coup for the tech industry. This shift in tax policy aims to encourage hiring and new business development in the city and saw support from the mayor, tech companies, and leaders in the venture capital community. While the impact of the reform will be evaluated over the coming years, the coordination of the tech and startup community around this policy is an encouraging achievement.

The important question we face after the success of Prop E is how to keep the dialogue between government, citizens, and innovators moving forward?

Technology companies and other interested advocates including the San Francisco Citizens Initiative for Technology and Innovation (sf.citi) backed Prop E, arguing the reform would be a catalyst for job creation in San Francisco. A video released during election season by sf.citi highlighted the important role technology can play in improving local governance and day-to-day problems.

For years, licensing, policy, and regulation have pitted the tech industry against itself, seeing companies use government as a wedge against competitors. Working together with businesses and other stakeholders to address policy challenges will help our communities and country emerge stronger, more efficient, and more prosperous. The first step is coming together. Engine has been working in local communities across the country as well as here in the valley to make local startup policy a priority. We encourage you to join Engine to be part of future success stories in your own backyard.

Next Thursday, we are going to continue this conversation. Please consider joining Engine for a roundtable on technology, economic growth, and local policy at 10am December 6. For more information, email us at info@engine.is.

Photo courtesy of  MomentsForZen.

Tell Congress to Protect Startup Data

Today, Engine and a coalition of more than 20 organizations call on Congress to require law enforcement to secure a warrant before asking businesses turn over user data. Data plays an increasingly important role for startups. This week, the Senate Judiciary Committee is slated to vote on a proposal that would change the Electronic Communications Privacy Act (ECPA) rules outlining how the government can access digital data.

ECPA was enacted in 1986 and is in need of an update. Innovations like cloud computing are available to businesses of all sizes and have changed the way data is stored and transmitted. The government must set clear due process protections -- such as securing a warrant -- to access consumer data through businesses.

Startups and other innovative companies leverage all sorts of data to make products better, ranging from location data to make map applications more accurate, to transaction information that prevents fraud. A lack of clarity under the current law imposes problems for companies.

Uncertainty about compliance increases legal costs that most startups are generally unprepared to take on. Also, giving up customer data can erode the trust of users. Receiving a complex legal request from the government for user data can put startups in a bind, forcing them to decide between absorbing unforeseen legal costs or alienating current and prospective users.

Engine has joined with a coalition of technology, industry, and civil liberties organizations to call on Congress to reform ECPA in order to create greater legal certainty around user data. Today is your chance to get involved by telling the Senate Judiciary Committee to make data, privacy, and due process a priority.

Click here to tell Congress that your digital data deserves the same protections as your mail and phone calls. You can also tweet at any or all of the members of the Senate Judiciary Committee listed below to tell them that protecting data matters to startups.

Chairman Patrick Leahy @SenatorLeahy

Ranking Member Charles Grassley @ChuckGrassley

Sen. Herb Kohl contact form

Sen. Dianne Feinstein @SenFeinstein

Sen. Orrin Hatch @Orrin Hatch

Sen. Chuck Schumer @ChuckSchumer

Sen. Jon Kyl @SenJonKyl

Sen. Dick Durbin @SenatorDurbin

Sen. Jeff Sessions @SenatorSessions

Sen. Sheldon Whitehouse @SenWhitehouse

Sen. Lindsey Graham @GrahamBlog

Sen. Amy Klobuchar @amyklobuchar

Sen. John Cornyn @JohnCornyn

Sen. Al Franken @alfranken

Sen. Michael Lee @SenMikeLee

Sen. Christopher Coons @ChrisCoons

Sen. Tom Coburn @TomCoburn

Sen. Richard Blumenthal @SenBlumenthal

Startups Can’t ‘Give It A Rest’ on Software Patents

David Kappos, head of the United States Patent and Trademark Office, gave a presentation yesterday morning telling those claiming the patent system is broken to “give it a rest.”

Kappos approached the debate over software patents in context of smartphone lawsuits between large corporations like Apple and Samsung. He admonished detractors of the patent system to “get the facts.” Here at Engine, we’ve been following developments in the patent system closely; the fact is startups can’t afford to give it a rest under the current patent regime.

The economics are clear: startups fuel net job growth in the U.S. economy. Small, technology-focused businesses are developing innovative products and promoting competition. Software patents are a real challenge to young firms that don’t have the legal resources to defend themselves against non-practicing entities -- often called trolls -- that use patents for litigation instead of innovation.

A June paper from Boston University showed that patent trolls cost companies $29 billion in 2011 in direct costs from litigation. While large companies pay more of the overall settlement and legal costs, the expenses make up a greater share of smaller companies’ revenue, according to the research.

Last Friday, we attended a conference aimed at finding solutions to the software patent problem. Hosted by the High Tech Law Institute at Santa Clara University Law School, lawyers, software engineers, and activists came together to discuss possible solutions. Legal, procedural, and economic ideas were floated, but investor Brad Burnham of Union Square Ventures made a critical point, saying that 25 percent of USV’s startups had been sued and that half had received demand letters. Suits like these don’t just cost companies revenue; they threaten the survival of startups and destroy jobs.

Policymakers like Kappos must recognize the existential threat bad patents pose to young companies. While he emphasized new review procedures available to PTO after passage of the America Invents Act, the fact is that the measures in place insufficiently protect small companies facing predatory patent suits. The last thing the startup community needs to do is to give software patents a rest. At Engine, our community aims to lead the discussion on how to move forward.

Picture courtesy of Alan Kotok.

Technology for Economic Progress

Nmachi Jidenma is an international development specialist passionate about using technology for development. She focuses on International Entrepreneurship at Engine. @nmachijidenma

Last week, I was at the Techonomy 2012 conference in Tucson, Arizona, where about 250 technology and business leaders gathered to explore how technology and innovation can accelerate progress in business and society. At the conference, various issues at the intersection of technology and the economy were explored in what proved to be an enriching, intellectual dialogue. From futurist Ray Kurzweil’s discourse on the merger of man and machine, to researcher Gordon Bell’s discussions on lifelogging and its impact on augmented memory, I left the conference with a stronger faith in technology’s role in improving society.

Among the various “techonomic” issues explored, what struck home for me was the impact a mobile world and big data can have in transforming economies in emerging regions of the world.

In recent years, the world has witnessed an explosion of data as billions of new devices connect to the Internet. By some estimates, in the past two years, ten times more data has been created than in all of human history. Though the privacy and security implications of this data remain issues of concern, its potential use cases are significant. When used for good, big data can be used to mine and model various social issues around the world from food shortages to the dynamics of global urbanization.

In regions like Africa, the impact can be tremendous. Already, the continent is experiencing paradigm-shifting growth. In the past decade, six of the world’s top ten fastest growing economies have been from Africa. With the current boom in mobile technology adoption, the potential of technology to enable the continent to leapfrog decades of economic progress and usher in prosperity for the populace is immense. From finance to healthcare, there is an opportunity to empower hundreds of millions of people through a confluence in the use of mobile technology and big data intelligence. The runaway success of M-Pesa in Kenya provides evidence of the sort of revolutionizing effect technology can have on emerging economies. The hope is that the next decade will usher in smarter governance through mobile data.

At the same time, the rising influence of robotics technology and its future impact on the face of unemployment and job growth both in the U.S. and abroad is of particular importance. As robotics ushers in more efficiency and just-in-time processes to a dynamic planet, how do these trends affect job growth domestically and internationally as well as the future of work? How do they affect the future of emerging regions of the world and their future roles in the global economy? How do they affect business processes such as outsourcing and the skill sets needed to compete in an increasingly automated world?

At Engine, these questions are important to us because they bring to the fore technology's important role in shaping the global economy. We are passionate about how things like mobile and big data can be used for good around the world, especially in emerging regions where technological progress can significantly fast track development. There is a unique opportunity for governments to use actionable information from data patterns to shape policy in a rapidly changing world. That way, we can build a smarter planet and a more prosperous future for all.

Why Open Wireless?

Wireless communication has fundamentally changed the way we use technology and do business. It’s easy to take for granted the ubiquitous nature of wireless services in the United States today, especially as LTE rolls out providing more robust options. The speed with which data-hungry devices are being adopted, teamed with a limited amount of available spectrum, has led to what some call a “spectrum crunch,” contributing to problems like dropped calls and stalled downloads as well as data caps and other pricing mechanisms aimed at limiting ever-growing data consumption.

In light of these issues, Engine has joined with the Electronic Frontier Foundation and 11 other groups to support the Open Wireless Movement, a coalition of advocates, companies, organizations, and technologists working to develop wireless technologies and to encourage internet openness. Strengthening the wireless ecosystem isn’t just about bad service on your iPhone or poaching your neighbor’s WiFi; effective, efficient, and secure wireless communication options will propel future innovation and economic growth.

The Open Wireless Movement is about more than wireless hotspots. It links service providers, businesses, and engineers to develop networks around the country that are free, secure, and reliable for everyone. By emphasizing the benefits of sharing, we aim to create new ways of thinking about the wireless ecosystem.

Now you might say, “The Federal Communications Commission is planning new spectrum auctions in the next few years. What’s the problem?”

Even with new blocks of spectrum up for auction, the demand for wireless data is projected to continue to grow rapidly. If we don’t change the way we approach spectrum through public policy and private deployment, we will limit opportunities for startups to create new products by harnessing wireless technologies.

Doing so will require not just forward-thinking policies, but a move toward open and shared technologies. Focusing on -- and increasing the success of -- unlicensed technologies like Bluetooth, WiFi, and RFID will be central to our success. These technologies have empowered innovators to experiment with and build low-cost, reliable devices and protocols that have led to the rise of successful segments of the technology ecosystem.

New auctions ought to continue the FCC’s track record of creating fair markets for commercial-use spectrum for wireless carriers. These auctions should increase their focus on access to spectrum for small and regional wireless companies that can push innovation in local communities.

We must also recognize that the use of auctions and unlicensed technologies is not a zero-sum game. WiFi and carrier-owned spectrum have proven to be exceptional complements. Moves to marginalize unlicensed spectrum allocations or artificially increase auction prices harm consumers, innovators, and businesses. Recommendations made by the White House in July that the federal government share some of its spectrum with commercial users may increase our access to the public resource, opening the door to even more technologies that will push innovation forward.

The Open Wireless Movement is one step in a broader rethink of how we access the internet. Engine is excited to be on board and we encourage you to read more about the project, learn how you can promote the cause, volunteer to help engineer new wireless solutions, or get updated on how to make your wireless network part of the movement.

Image via Wikimedia Commons

Don't Forget to Vote

After months of campaigning, political ads, and debate between candidates across the country, today is the day to vote. While at Engine we’ve been tackling issues and policies that affect startups, this is your opportunity to directly impact your local, state, and federal government.

How should you vote? And where? The Google Elections team has engineered a useful tool that helps you find your polling place, tells you what races will be on your ballot, and even links to candidates websites and social media profiles on Facebook, Twitter, YouTube, and Google+. What if you're in California where propositions are up for a vote? Don’t worry! The referenda on your ballot are outlined too.

The first step to better government is increased voter participation. Whatever hand we as a country are dealt, Engine will work with policymakers to make sure the issues that affect startups are on the agenda -- but today is your day to get involved at the ballot box.

Join us after the elections to build stronger connections between new lawmakers and the startups growing the American economy. You can check out some of the issues confronting startups here. 

Startups Assist Sandy Recovery

As the federal government moves to assist communities affected by Hurricane Sandy, startups are lending a helping hand to their neighbors and one another as well. Mashable’s Zoe Fox today reported on entrepreneurs opening their offices to other companies and providing relief services to their communities.

Engine joined with New York Tech Meetup at the NYU Stern School of Business last week, where people gathered from many different corners of the New York startup community to discuss not just the upcoming election, but also a blueprint to turn moments of advocacy into a lasting movement of tech companies and allies working together on issues that affect our communities.

Disasters like Sandy have devastating consequences for families, individuals, and small businesses. The New York Tech Meetup team has put together a Google Survey taking requests for technology assistance in the wake of the storm.

The Engine team encourages you to spread the word. If you are looking for assistance or opportunities to give or volunteer on the Lower East Side, Redhook, Staten Island, or Astoria, consider using Recovers, an Engine member that coordinates disaster relief.