Online Global Week in Review 25 Nov 2011 from IP Think Tank

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


Highlights this week included:

CJEU rules courts cannot force ISPs into broad filtering and monitoring for copyright-infringing traffic: Scarlet v SABAM (Out-Law) (Michael Geist) (TechnoLlama) (1709 Copyright Blog) (IPKat)

Richard Hooper to lead UK digital copyright exchange feasibility study (1709 Copyright Blog) (Laurence Kaye on Digital Media Law) (Out-Law)


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.



Global – Copyright

Google now censors the Pirate Bay, isoHunt, 4Shared and more (TorrentFreak)

Ubisoft blames piracy for non-release of PC game (TorrentFreak)

“Public/private” and “commercial-non-commercial” (and everything in between) (IPKat)


Global – Trade Marks & Domain Names

Terrified of cybersquatting, businesses battle plan for more top-level domains (Ars Technica)


Global – Patents

Apple v Samsung patent war (Tangible IP)



iiNet update: no live tweeting from the High Court hearing beginning 1 December (IP Whiteboard)



Challenging the new digital lock talking point: why European rules are more flexible than C-11 (Michael Geist)

Napster drops out of Canada, warns users of lost purchases due to digital locks (Michael Geist)

Canadian anti-counterfeiting group calls for graduated response, more restrictive digital lock rules (Michael Geist)

The daily digital lock dissenter, day 37: British Columbia Teachers’ Federation (Michael Geist)

The daily digital lock dissenter, day 36: Canadian Political Science Association (Michael Geist)

Daily digital lock dissenter, day 35: Cdn Assoc of Edu Resource Centres for Alt Format Materials (Michael Geist)



Technology companies can stifle competition through use of IP rights, EU Commissioner says (Out-Law)

EC to draft new laws to enable music fans to pay for music through a pan-EU cross-border licensing system (Out-Law)

CJEU rules courts cannot force ISPs into broad filtering and monitoring for copyright-infringing traffic: Scarlet v SABAM (Out-Law) (Michael Geist) (TechnoLlama) (1709 Copyright Blog) (IPKat)

AG “it’s lawful if you do it lawfully…” Case C-461/10 Bonnier Audio v Perfect Communication Sweden (1709 Copyright Blog)

Motorola Mobility’s use of FRAND patents against Apple and Microsoft may be investigated by the European Commission (FOSS Patents)

General Court: Monster Cable’s application for MONSTER ROCK defeated by Live Nation UK based on theire earlier registered UK word mark MONSTERS OF ROCK (Class 46)



Remuneration for private copying: changes in store for French rights holders (1709 Copyright Blog)



Euro-injunction mechanism in Community designs: Samsung Galaxy Tab European ban partially lifted (JIPLP)



The Court of Rome on hosting liability: RTI/Mediaset v Choopa (IP Osgoode)



Dutch Parliament refuses ACTA secrecy (Michael Geist)



Internet domains as trade marks (Class 46)


United Kingdom

Richard Hooper to lead digital copyright exchange feasibility study (1709 Copyright Blog) (Laurence Kaye on Digital Media Law) (Out-Law)

Content mining copyright exemption would harm UK business, publishers claim (Out-Law)

“Is NLA v Meltwater the end of browsing?” And the answer is … (notes from Baker & McKenzie hosted debate) (IPKat)


United States

US Patents – Decisions

District Court Delaware: Patent reexamination can stop patent trolls in their tracks: Mission Abstract v. Beasley Broadcast Group (Patents Post-Grant)

ITC dismisses S3 Graphics complaint against Apple: no violation (FOSS Patents) (Ars Technica)


US Patents – Lawsuits and strategic steps

Advanced Processor Technologies – Agreed modifications to Judge Ward’s discovery order; disclosures, protective orders, e-mail discovery, etc: Advanced Processor Technologies v. Analog Devices (

Apple – Samsung does not contest Apple’s representations of the scope of the EU antitrust inquiry in ND California proceedings (FOSS Patent)

H&R Block – Department of clotted nonsense: Court rejects jurisdiction over holding company: Revenue Realization LLC v. H&R Block (Chicago Intellectual Property Law Blog)

Hewlett Packard – HP Request for Reexamination of Nomadix internet-user redirection patent, among the requests filed week of November 14, 2011 (WHDA)

Nanya – Nanya files new 337 complaint regarding Certain Dynamic Random Access Memory Devices (ITC 337 Law Blog)

Oracle – Judge sides with Oracle against Google on color-coded handout for the jury (FOSS Patents)


US Copyright

Why SOPA endangers America’s Internet leadership (Ars Technica)

Against the Blacklist Bills: Congressmen and Senators speak up (EFF)

After the hearing: SOPA down but not yet out (EFF)

MPAA costs Hollywood more than US bittorrent piracy (TorrentFreak)


US Copyright – Lawsuits and strategic steps

Grooveshark – Universal goes shark hunting (1709 Copyright Blog)

Grooveshark – Grooveshark bites back: we’ll fight Universal in court, not the press (TorrentFreak)


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