Online Global Week in Review 10 Feb 2012 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:

Microsoft, Google, and Apple talk up “fair and reasonable” patent license fees (Ars Technica) (FOSS Patents) (FOSS Patents) (FOSS Patents) (FOSS Patents) (FOSS Patents)

US: Judge denies record label’s request for preliminary injunction to shutter “used” MP3 store: Capitol Records v ReDigi (Ars Technica) (Recording Industry vs The People) (Recording Industry vs The People) (IP Law Chat)

US: Can porn be copyrighted?  One file-sharing defendant says no (Ars Technica) (The 1709 Blog) (TorrentFreak)


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 – General

Let’s divide the internet! – Blogspot redirecting users to country specific sites (Spicy IP)


Global – Copyright

Occupy IP, new economy businesses clash with old (IPEG)

The target isn’t Hollywood, MPAA, RIAA, Or MAFIAA: It’s the policymakers (TorrentFreak)

Let’s get Physible – new category on Pirate Bay for 3D printing (The 1709 Blog) (TorrentFreak)

Apple updates iBooks Author EULA to clarify restriction on format, not content (Ars Technica)

International day of action against ACTA 11 Feb (Access Blog)

Czech Republic, Slovakia suspend ACTA ratification (Michael Geist)

So what’s up with ACTA? – misinformation on the internet and run down of the worst that ACTA has to offer (TechnoLlama)

Torrent search engine BTJunkie voluntarily shuts down (Ars Technica) (TorrentFreak)

Is BitTorrent done? Major torrent sites consider shutting down (TorrentFreak)

Tribler makes BitTorrent impossible to shut down (TorrentFreak)


Global – Trade Marks & Domain Names

WIPO: ISP-trademark meeting agreed; industrial design treaty, country names still on table (IP Watch)


Global – Patents

Apple vs Android – IP supremacy and the mobile market (Patentology)

Microsoft, Google, and Apple talk up “fair and reasonable” patent license fees (Ars Technica)

Microsoft promises that it ‘will not seek an injunction’ based on standard-essential patents (FOSS Patents)

Newly-discovered Apple letter to wireless standards body proposed solution to rampant FRAND abuse (FOSS Patents)

Apple hoping to secure standardized royalties for 3G wireless patents (Ars Technica)

Apple gets support from Cisco on need to curb FRAND abuse (FOSS Patents)

Google letter to standards bodies indicates no improvement whatsoever over Motorola’s FRAND litigation tactics  (FOSS Patents) (FOSS Patents)

Motorola likens its enforcement of FRAND patents to bank robbery: ‘it only takes one bullet to kill’ (FOSS Patents)

Apple’s iterative approach to FRAND abuse is not for the faint of heart, but there’s no better alternative (FOSS Patents)

Motorola wants 2.25% of Apple’s sales in return for license to standard-essential wireless patents (FOSS Patents)

ICT esperanto and competition among standards (IP finance)



Microsoft once again heads Australian patent recipient list (Patentology)

Australian Law Reform Commission to get new copyright reference re copyright in the digital environment (

Footy broadcasts online: the saga of Optus v Telstra: FCA rules in Singtel v National Rugby League (IPKat)



Global News interview with Michael Michael Geist and Howard Knopf about #Bill C-11 and #SOPA (Excess Copyright)

“Bill C-11 is no SOPA”: My response (Michael Geist)

Twenga trademark troubles – CIRA dispute resolution process – prior rights requirement (IP Osgoode)



iPad trademark dispute update: Why haven’t the Apple stores been shut down? (China Hearsay)



EPO BoA: Presentation of data analysis in form of tree diagram cannot contribute to technical character of the invention: Navigating Data / Microsoft (Kluwer Patent Blog)

We need copyright reform, not ACTA! (TorrentFreak)

ACTA on the edge in Europe? Poland suspends ratification, Greece gets hacked (Ars Technica)

Czech, Slovak governments backing away from ACTA too (Ars Technica)



Düsseldorf court denies preliminary injunction against Galaxy Tab 10.1N: designaround pays off for Samsung (FOSS Patents)

Mannheim court continues to weaken the FRAND defense — bad news for Apple, Nokia, HTC, others (FOSS Patents)

Karlsruhe Higher Regional Court grants Apple temporary suspension of enforcement of Motorola injunction (FOSS Patents)

Motorola is suing the official German Apple Stores over three patents in Düsseldorf lawsuits (FOSS Patents)

iPhone, iPad injunction lifted in Germany, but Apple still faces iCloud action (Ars Technica)



Delhi HC on Customs Order restricting the clearance of consignments: Kingtech Electronics (India) Pvt. Ltd v. Union of India and Ors (Spicy IP)



When Irish ISPs aren’t smiling – proposed amendment to copyright law providing copyright owners with explicit right to obtain injunction against intermediaries (IPKat)



No to ACTA says Polish Prime Minister (Poland – IP law news and resources)

Ministry of Culture publishes five instructions on ACTA negotiations (Poland – IP law news and resources)



Slovenia’s Ambassador to Japan explains “why I signed ACTA” (Michael Geist)


United Kingdom

Pub landlords face practical difficulties in avoiding football copyrights following ruling in Football Association Premier League v QC Leisure (Out-Law) (IPKat)


United States

US Patents – Lawsuits and strategic steps

Cypress Semiconductor – ALJ Bullock grants joint motion to terminate investigation in Certain Static Random Access Memories (337-TA-792) (ITC 337 Law Blog)

Eolas – Patent troll claims ownership of interactive Web—and might win: Eolas v Adobe Systems et al (Ars Technica)

Google – Disqualification not warranted by defense counsel’s prior employment with plaintiff’s prosecution counsel: Streetspace v Google (Docket Report)

Microsoft – The three patents Microsoft is hammering the Nook with—and why they may be invalid (Ars Technica) (FOSS Patents)

Oracle – Failed attempt #7: Federal Circuit denies Google petition to exclude Lindholm email  (FOSS Patents) (Patently-O)

Walker Digital  – Attack on Walker Digital image management patent, among the reexamination requests filed week of January 30, 2012 (WHDA)


US Copyright

NBC to broadcast Super Bowl live over the internet (IPKat)

Whatever happened to that “six strikes” P2P notice system? It’s coming soon (Ars Technica)

RIAA still raging against Google, Wikipedia for “misuse of power” in SOPA battle (Ars Technica)

Paramount “humbled” by SOPA protests even as CEO blasts “mob mentality” (Ars Technica)

Hey Vevo – where’s our royalties? (The 1709 Blog)

RapidShare: from “notorious market” to proactive piracy eliminator (TorrentFreak)

PlayStation 3 “Other OS” saga shows: jailbreaking is not a crime (EFF)

Letters to the Copyright Office: Why I jailbreak (EFF)

What the RIAA won’t tell you: Users matter (EFF)


US Copyright – Decisions

District Court N D California rules that copyright “first sale” doctrine does not apply to pre-installed software that was licensed to OEMs: Adobe Systems v Hoops Enterprise (IP Spotlight)

District Court S D New York: Judge denies record label’s request for preliminary injunction to shutter “used” MP3 store: Capitol Records v ReDigi (Ars Technica) (Recording Industry vs The People) (Recording Industry vs The People) (IP Law Chat)


US Copyright – Lawsuits and strategic steps

Firstrow – Seized sports streaming site makes a blazing comeback (TorrentFreak)

Hard Drive Productions – Can porn be copyrighted? One file-sharing defendant says no (Ars Technica) (The 1709 Blog) (TorrentFreak)

MegaUpload – Doubts creep up in MegaUpload case – confusion around civil and criminal standards of proof and ‘guilt’ (The 1709 Blog) (CIS)

MP3Tunes – Amended decision filed and interlocutory appeal denied in Capitol v MP3Tunes (Recording Industry vs The People)

Quiroa, Yonjo – Quiroa arrested for alleged operation of and other sites hosint unauthorised sports-related content (IPKat)

Tenenbaum, Joel – Tenenbaum files reply briefs responding to DoJ and plaintiffs (Recording Industry vs The People)


US Trademarks & Domain Names

A license to link? Lowe’s has one (Ars Technica)


US Trade Marks & Domain Names – Decisions

District Court E D Pennsylvania: Microsoft beats trademark lawsuit over Kinect: Kinbook v. Microsoft (Technology & Marketing Law Blog)

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