Online Global Week in Review 11 May 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:

ND California: Partial verdict finds Google to have infringed Oracle’s Java API copyrights, fair use unanswered; Google calls for new trial (FOSS Patents) (FOSS Patents) (Ars Technica) (Out-Law) (FOSS Patents) (Patently-O) (FOSS Patents) (Ars Technica) (Ars Technica)

ED New York: An IP address is not a person: In re BitTorrent Adult Film Copyright Infringement Cases (The 1709 Blog) (Recording Industry vs The People) (TechnoLlama)


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

Facebook deliberately bans Grooveshark from its services (Ars Technica)

Pirate Bay slaps pathetic proxies and scammy copies (TorrentFreak)

BitTorrent set to rebrand itself as Gyre? (TorrentFreak)


Global – Patents

Micron, Round Rock and Intellectual Ventures – the plot thickens (IAM)




Agreements to block parallel imports to Australian online purchasers (

Optus applies for special leave to appeal to the High Court in TV Now case (IP Whiteboard) (IPKat)



Something for nothing: the non-existent benefit of linking in the Access Copyright deal (Michael Geist)

Canada’s digital economy strategy: the e-commerce targets revealed (Michael Geist)

Industry Committee releases e-commerce study (Michael Geist)

Industry Committee Launches New Study on Intellectual Property (Michael Geist)



Streaming site ‘admin’ freed, but agrees 1 year hiatus with HBO (TorrentFreak)



China’s social network saw the patent light years before Facebook (IAM)


Czech Republic

Major cyberlocker movie pirate faces 5 years in prison (TorrentFreak)



CJEU decision in SAS v World Programming – “Shake-and-Strain” : it’s time for functionality again (IPKat)

EU Commissionersays ACTA is doomed (The 1709 Blog) (Michael Geist) (Michael Geist)

Kopimist church weds first couple (TorrentFreak)

Search engines’ plans to help combat piracy seek extra safeguards that existing EU law does not provide, expert says (Out-Law)



Microsoft’s prior user rights may trump Motorola’s push notification patent in Germany (FOSS Patents)

Microsoft makes headway with German lawsuits against Motorola over multi-part text message interface (FOSS Patents)



India orders blackout of Vimeo, the Pirate Bay and more (TorrentFreak)



District Court of The Hague forbids Pirate Party from linking to Pirate Bay proxies (TorrentFreak)

Five more Dutch ISPs given 10 days to censor The Pirate Bay (TorrentFreak)


New Zealand

New ISP offers Kiwis a “global mode” to bypass geo-blocking (Ars Technica)



Pirate Bay founder Peter Sunde requests pardon (TorrentFreak)

Pirate Bay partners with Cybernorms at Lund University to continue work on largest yet file-sharing survey (TorrentFreak)



Swiss government postpones ACTA signature (IP Watch)


United Kingdom

EWHC judgment in Football Dataco v Sportradar – Online sports data company not liable for use of goal statistics from UK football matches (IPKat)


United States

US General

Overlapping copyright and patent rights: Oracle v Google (Patently-O)


US Patents – Lawsuits and strategic steps

Apple – Apple-Samsung summer trial still possible — Apple allowed to reassert ‘dropped’ claims in new lawsuit (FOSS Patents)

Apple and Samsung drop claims against each other but disagree more than ever on key issues (FOSS Patents)

Apple – ITC judge throws out 3,000+ pages of attachments filed by Apple to challenge Samsung’s patents (FOSS Patents)

Apple – ND Cal court awards preclusive sanctions to remedy late source code production: Apple v Samsung ( (FOSS Patents)

Beacon Navigation – ALJ Pender grants motion to terminate investigation in its entirety in Certain Automotive GPS Navigation Systems (337-TA-814) (ITC 337 Law Blog)

Beacon Navigation – ALJ Pender rules on motion to recover costs and motion for show cause order in Certain Automotive GPS Navigation Systems (337-TA-814) (ITC 337 Law Blog)

California Institute of Technology – California Institute of Technology files new 337 complaint against STMicroelectronics, Nokia and Research in Motion regarding Certain CMOS Image Sensors (ITC 337 Law Blog)

Comcast – America Invents Act does not preclude centralisation by MDL panel: Comcast Cable Communications v Bear Creek Technologies (Docket Report)

Helferich Patent Licensing – Attack on Helferich Patent Licensing/Wireless Science patent, among the reexamination requests filed week of May 7, 2012 (WHDA)

High Point – Defendant ordered to produce settlement agreements for comparable technology, but not communications leading to settlements: High Point v Sprint Nextel Corporation (Docket Report)

LIS Corporation – Joint claim construction statement struck for exceeding maximum number of disputed claims: LSI Corporation v Vizio (Docket Report)

Microsoft – Schedules set and modified in Microsoft-Motorola FRAND obligations dispute (FOSS Patents)

Motorola – ITC asks ‘members of the public’ for input on how an Xbox import ban would affect the public interest (FOSS Patents)

Oracle – Engineers, experts take the stand as Oracle’s patent attack on Google advances (Ars Technica)

Oracle – Oracle, Google lawyers spar over Android’s Dalvik VM as patent phase begins (Ars Technica)

Trek Technology – ALJ Essex grants motion to terminate investigation as to ironkey in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives (337-TA-788) (ITC 337 Law Blog)

Yahoo – Yahoo: Facebook’s open compute project also violates our patents (Ars Technica)


US Copyright

The lengthening arm of Uncle Sam’s ‘pirate’ justice – Dept of Homeland Security’s visit to Australia (TorrentFreak)

Exercises in democracy: building a digital public library (Ars Technica)

EFF to testify at hearings on expanding DMCA exemptions for jailbreaking and video remixing (EFF)

The 2012 DMCA rulemaking: a primer (EFF)

Oracle v. Google and the dangerous implications of treating APIs as copyrightable (EFF)

Oracle v Google – EFF and FSF comments on partial jury verdict raise total non-issues (FOSS Patents)

Oracle v Google – Google’s take on API copyrightability is unique and a departure from established industry practice (FOSS Patents)

Good citizenship for online service providers: Let’s not let the DailyKos takedown be a preview of the 2012 Campaign Season (EFF)

DVDs and Blu-rays will now carry two unskippable government warnings (Ars Technica)


US Copyright – Decisions

ED New York: An IP address is not a person: In re BitTorrent Adult Film Copyright Infringement Cases (The 1709 Blog) (Recording Industry vs The People) (TechnoLlama)


US Copyright – Lawsuits and strategic steps

Google – Google accused of copyright infringement for using photos of Jimi Hendrix and John Coltrane in Google music service advertising (IP Whiteboard)

Massachusetts judge nixes ‘Oil Orgy’ scheme to scare P2P users into quick settlements (Ars Technica)

Oracle – Oracle’s copyright win may not amount to much as patent phase unfolds (Ars Technica)

Oracle – Oracle wants to preserve the jury’s infringement finding and limit retrial to ‘fair use’ (FOSS Patents)

Oracle – Judge Alsup believes ‘fair use’ issue my require new trial (FOSS Patents)

Oracle – Google calls for mistrial after jury’s partial findings of infringement in Oracle case (Out-Law) (FOSS Patents) (Patently-O)

Oracle – Partial verdict finds Google to have infringed Oracle’s Java API copyrights, fair use unanswered (FOSS Patents) (Ars Technica) (Ars Technica)

Oracle – ‘Fair use’ cases cited by Google don’t serve to justify Android’s infringement of Java APIs (FOSS Patents)

Oracle – Oracle v Google: fair use is a fairy tale – in reality, Android hijacked Sun Microsystems’ Java (FOSS Patents)

Perfect 10 – Iconic piracy suit against Google dismissed, despite $25,000 bounty (TorrentFreak)

Perfect 10 – Tumblr sued for its users’ copyright infringement in Perfect 10 v Tumblr (Recording Industry v The People)

Righthaven – Troll news – the demise of Righthaven (The 1709 Blog)


US Trademarks & Domain Names

Seized site’s lawyer: US breaking the law by taking domain names (Ars Technica)

Waiting on the RIAA, feds held seized Dajaz1 domain for months (Ars Technica) (TorrentFreak)


US Trade Marks & Domain Names – Decisions

Proview – Apple trademark ownership battle – California judge dismisses Proview’s fraud lawsuit (Ars Technica) (China Hearsay)

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