Online Global Week in Review 29 May 09 from IP Think Tank

Here is IP Think Tank’s weekly selection of top Online intellectual property news breaking in the blogosphere and internet.

Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.

You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://thinkipstrategy.com/subscribe/

 
Highlights this week included:

Conference Board of Canada’s IPRs in the Digital Economy report accused of being deceptive, plagiarised and ignoring independent study commissioned for the report (Michael Geist) (Michael Geist) (Excess Copyright) (Michael Geist) (Michael Geist) (Michael Geist) (Excess Copyright) (Jeremy de Beer)

EWHC decides in favour of eBay, pending referral to ECJ: L’Oreal v eBay (IPKat) (Excess Copyright) (Class 46)  (TorrentFreak) (IP Osgoode) (S&F)

 
Global
Global – Copyright

WIPO SCCR day: Countries divided about limitations and exceptions to copyright (Public Knowledge)

Corey Doctorow on copyright, critics and fans (Michael Geist)

Blogosphere reacts to licensing terms for Amazon’s new Kindle publishing for blogs (Silicon Valley IP Licensing Law Blog)

Digitising books and the Google Book Search settlement (Michael Geist)

Global software piracy persistent – BSA/IDC (IP Frontline)

 
Global – Trade Marks

Call to action over new gTLDs (Managing Intellectual Property)

 
Canada

Vancouver embraces open data, standards and source (Michael Geist)

BSA admits Canadian software piracy rates estimated; Canada viewed as low piracy country (Michael Geist)

Amazon’s one-click business method patent rejected (IP Frontline)

Conference Board of Canada’s IPRs in the Digital Economy report accused of being deceptive, plagiarised and ignoring independent study commissioned for the report (Michael Geist) (Michael Geist) (Excess Copyright) (Michael Geist) (Michael Geist) (Michael Geist) (Excess Copyright) (Jeremy de Beer)

 
China

Apple responsible for reseller copyright infringement? – Pay attention to what your distributors/dealers are doing in China (China Hearsay)

 BSA: Software piracy rate down to 80% in China (S&F)

Microsoft teams with City of Hangzhou to fight piracy (S&F)

 
Denmark

Maritime and Commercial Court upholds Jetmobile’s IP rights in software case (International Law Office)

 
Europe

L’Oreal v eBay: European courts rule eBay not liable for sales of counterfeit goods (IP Osgoode)

Interflora v Marks & Spencer: another AdWord referral to ECJ (IPKat)

iTunes still not available in some EU countries due to outdated licensing system – EC pushing record labels and collecting societies into the internet age (Ars Technica)

EU consumer protection reform: liability for software code (IP Osgoode)

 
France

AP reports French Culture Minister anticipates cutting off access for 1000 people per day once three strikes system comes into effect (Michael Geist)

 
Germany

German Pirate Party sets course for European Parliament (TorrentFreak)

 
Italy

Operation Jackal: Police track down charity song pirates (TorrentFreak)

 
Lithuania

Anti-piracy boss saved from death, can’t close torrent sites (TorrentFreak)

 
Sweden

EU sues Sweden, demands law requiring ISPs to retain data (Ars Technica)

Second Pirate Bay judge removed (At Last… the 1709 Copyright Blog)

Swedish Minister of Culture takes anti Pirate Bay stance (TorrentFreak)

Pirate Party backed by Sweden’s most prolific writer, Lars Gustafsson (TorrentFreak)

District Court rejects labels’ request for Pirate Bay operators to be fined for every day site remains running (TorrentFreak)

 
United Kingdom

EWHC decides in favour of eBay, pending referral to ECJ: L’Oreal v eBay (IPKat) (Excess Copyright) (Class 46)  (IP Osgoode) (S&F)

eBay v L’Oreal through a BitTorrent prism (TorrentFreak)

Study by Cambridge law professor shows DRM drives people to piracy (Ars Technica) (Intellectual Property Watch)

PRS for Music: On-demand streaming royalties and ad-supported content (At Last… the 1709 Copyright Blog)

 
United States
US General

Yahoo and Amici seek rehearing, so does Barnes in case relating to immunity under Communications Decency Act: Barnes v Yahoo (Technology & Marketing Law Blog) (The IP Law Blog) (Technology & Marketing Law Blog) (Technology & Marketing Law Blog) (IP Osgoode)

Mac cloner, Psystar files for bankruptcy, putting legal battle with Apple on hold (Ars Technica)

Russian roulette as 2% of Facebook stock goes for $200m (IP finance)

 
US Patents

26 May 1981 marks first US software patent (Innovationpartners)

 
US Copyright – Decisions

District Court orders YouTube to pay $1.61 million in back royalties to ASCAP over music clips (At Last… the 1709 Copyright Blog)

Court of Appeal (Fourth Circuit) finds Turnitin’s copies of students’ work fair use – could copyright law protect plagiarism? (At Last… the 1709 Copyright Blog)

 
US Copyright – Lawsuits and strategic steps

Facebook – Court holds Facebook does not have copyright on user content but the way in which the defendant collects user information may violate Facebook’s proprietary rights, trial to go ahead: Facebook v Power.com (At Last… the 1709 Copyright Blog)

RIAA – Prof Nesson involved in two more file-sharing cases beside that of Joel Tenenbaum; Nesson demands RIAA pay back all $100M it has collected in settlement money (Ars Technica)

RIAA – Prof Nesson explains why he took on the Tenenbaum case, why the RIAA’s tactics are unacceptable and how he hopes to take the RIAA down (Ars Technica)

RIAA – Last.fm’s user data is useless to the RIAA (TorrentFreak)

RealDVD – RealDVD hearing – reminder from the MPAA: DRM trumps your fair use rights (Ars Technica)

 

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