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IP Think Tank Global Week in Review, Online Edition – Friday, 21 November 2008


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.

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Highlights this week included:

Australia: Hollywood studios commence proceedings in the Federal Court against Australian ISP, iiNet, over BitTorrent piracy (TorrentFreak) (LawFont) (Recording Industry vs The People) (Techdirt)

US: Judge allows Jones Day hyperlink trade mark claims to go forward: Jones Day v (EFF) (Techdirt) (Law360) (Out-Law)




Apple adds HDCP to new laptops; piracy continues, legitimate users get annoyed (Techdirt)

Beyond DRM: MySpace and MTV leverage fingerprinting to monetise content with interactive advertising (Content Agenda)

Are copyright holders purposely putting content on P2P in order to demand money? (Techdirt)

Tracking the crackers: A look at software piracy (Content Agenda)


Domain Names / Trade Marks

From 3 December .tel TLDs become available (Australian Trade Marks Law Blog)

Controversy over internet governance: ITU families and ICANN cosmetics? (Intellectual Property Watch)

Domain tasting in decline according to ICANN (Canadian Trademark Blog)



Hollywood studios commence proceedings in the Federal Court against Australian ISP, iiNet, over BitTorrent piracy (TorrentFreak) (LawFont) (Recording Industry vs The People) (Techdirt)



Canadian regulators allow P2P throttling (Ars Technica)

Ontario’s public broadcaster, TVO, strikes deal with YouTube to provide dedicated channel featuring its programming (Michael Geist)

First conviction under anti-camcording law ( (Michael Geist) (TorrentFreak)

eMusic loses domain name claim for (Michael Geist)



Chinese pirates crack Blu-ray DRM, sell pirated HD disks (Ars Technica) (Techdirt) (Content Agenda)



Academics warn of EU ‘three strikes’ back door plan (Out-Law)

EU opens digital online library Europeana to public with over 2 million works (Ars Technica)



Loto wins in web trade mark spat (International Law Office)

SACEM (French association for music producers) and SCPP (represents labels including Universal) commences infringement action against filesharing application Soulseek (Torrent Freak)

Société Civile des Producteurs de Phonogrammes en France’s lawsuit against Vuze, Morpheus, Limewire, Shareaza and SourcForge to go ahead (Ars Technica) (Techdirt)


Germany Bundesgerichtshof rules older .de domain name registration may, under certain circumstances, be ‘overtaken’ by later established right in company name or by later filed trade mark (Class 46)



Law ministry official speaks on technological advances’ facilitation of IP violations (Content Agenda)



Warner Bros make up your mind: are you competing with piracy or not? – Warners decisions to release cheap movie downloads in China and pull out of Korea (Techdirt)



New domain name option in the Netherlands – (Managing Intellectual Property)


New Zealand

Copyright changes creates few ripples (Content Agenda)


United Kingdom

Olswang publishes ‘Convergence Consumer Survey 2008’ (IPKat)

Federation Against Software Theft pushes 10 year jail time for UK infringers (Ars Technica)


United States


Internet, IP legislation gets promoted to House big leagues (Ars Technica)

EFF joins with coalition to provide policy roadmap to next president and Congress (EFF)

New Washington tech agenda (Content Agenda)

Some thoughts for Congress about creativity from Mark Hosler (

Stanford University course available via BitTorrent ( (TorrentFreak)

As the difference between your cell phone and laptop shrinks, expect IP battles to grow, predicts D R Steinberg (Law360)



Napster judge’s suggestions on how to fix copyright (Techdirt) (Content Agenda) (Public Knowledge)

What can Google Books do for orphan works? (Public Knowledge)

Google agrees to pay $125 million to authors and publishers affected by Google Print service, settling copyright litigation (Ars Technica)

Google is done paying Silicon Valley’s legal bills (EFF)

Apple bends to studios, adds copyright protection to MacBooks (Wired)

Website parodying Union Square Partnership shut down due to bogus cybersquatting and copyright infringement claims (EFF)

Singers Daryl Hall and John Oates sue Warner/Chappell Music for failing to sue others for infringement (Techdirt)

All-star witness list in Tenenbaum case concerning Constitutionality of RIAA lawsuits (Techdirt)

Judge Gertner rejects RIAA’s attempt to enter judgment for twice settlement amount (Recording Industry vs The People) (Techdirt)

RIAA wins, campuses lose as Tennessee governor signs campus network filtering law (EFF) (Techdirt) (Techdirt)

Duke’s new P2P policy won’t stop RIAA lawsuits (Ars Technica)

Progress & Freedom Foundation blasts Jammie Thomas judge for his mistrial call (Techdirt)

Toyota claims ownership of fan wallpapers; Toyota admits wrongdoing (TorrentFreak) (Techdirt) (TorrentFreak)


Domain Names / Trade Marks

Judge allows Jones Day hyperlink trade mark claims to go forward: Jones Day v (EFF) (Techdirt) (Law360) (Out-Law)

Trade mark owner loses domain name claim against unauthorised reseller: ITT Manufacturing Enterprises, Inc, ITT Corporation v Douglas Nicoll, Differential Pressure Instruments, Inc (Out-law)



Google faces patent infringement suit brought by Aloft over Chrome browser (Law360)

Post-Bilski BPAI approves of Beauregard claims: Ex parte Bo Li (Patently-O) (I/P Updates) (Patent Prospector)

Post-Bilski at the USPTO: Is the BPAI looking to create a ‘software per se’ exception?: Ex parte Godwin (Peter Zura’s 271 Patent Blog)

Software should be patentable (Patent Fools) (PLI) (PLI)

Software method claims: Bilski in light of Benson (Patently-O)





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