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Online Global Week in Review 13 Jan 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:

Finnish ISP ordered to block link to campaigner website, Electronic Frontier Finland, in Pirate Bay crackdown ruling (Out-Law) (TorrentFreak)

EMI sues Irish state for not implementing piracy blocking provisions (TorrentFreak) (Michael Geist)

ICANN announces new TLD program start (IP Watch) (Out-Law) (IAM)


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

How accurate is Google with detecting duplicates? (PlagiarismToday)


Global – Copyright

Contrasting international opinion on file-sharing! (Spicy IP)

Welcome CC Kazakhstan and CC Rwanda (Creative Commons)

Doctorow’s omen shows why we need to ban DRM (TorrentFreak)

uTorrent & BitTorrent surge to 150 million monthly users (TorrentFreak)

Witcher 2 Devs abandon games piracy shakedown (TorrentFreak)

The Pirate Bay will stop serving torrents (TorrentFreak)

Musicians praise BitTorrent and Creative Commons – FrostWire supporting independent musicians (TorrentFreak)


Global – Trade Marks & Domain Names

ICANN announces new TLD program start (IP Watch) (Out-Law) (IAM)

ICANN says domain expansion won’t hurt UN, WTO (IP Watch)


Global – Patents

Financial analyst believes patent litigation could raise Apple’s share price by $35-$260 (FOSS Patents)

What IBM gets from selling patents to Google (IAM)

Microsoft-LG agreement shows Android (and Chrome) patent licensing is still en vogue (FOSS Patents)



Anti-mafia unit raids large torrent sites, arrests 17-year-old admin (TorrentFreak)



Canadian Patent Office concedes, allows Amazon ‘1-click’ claims (Patentology)

Are Canada’s digital laws unconstitutional? (Michael Geist)



Microsoft applies doctrine of landlord liability to software piracy (IP Dragon)

Chinese sue Apple over pirated e-books (The 1709 Blog)

Apple reacts to InIcons’ manufacture and sale of Steve Jobs action figures (IPKat)



EU Commission will clarify website notice and takedown procedures (Out-Law)

First cellphone invalidation at OHIM? – Invalidation Case ICD 8242 (Class 99)



Finnish ISP ordered to block link to campaigner website, Electronic Frontier Finland, in Pirate Bay crackdown ruling (Out-Law) (TorrentFreak)



New pilot project allows collecting society SACEM members to use Creative Commons licenses (Creative Commons)



A distinct IP Domain for India? – The “” decision (Spicy IP)

Delhi High Court delivers decision in ICICI Bank domain name dispute (Spicy IP)

Website blocking and John Doe orders: Barking up the wrong tree? (Part I) (Spicy IP)



EMI sues Irish state for not implementing piracy blocking provisions (TorrentFreak) (Michael Geist)

Irish three strikes deal works ‘incredibly well’ — but will it spread? (The 1709 Blog)



Software patents in Israel (The IP Factor)



Dutch ISPs ordered to block The Pirate Bay (TorrentFreak)



Spain’s Ley Sinde: New revelations of U.S. coercion (EFF)

No more levies as Spain takes the Nordic route (The 1709 Blog)

Spanish tablet computer maker NT-K brings indictment against Apple for alleged extortion (FOSS Patents)


United States

US Patents – Decisions

CAFC: In re Apple – Mandamus from ED Texas denied (IPBiz)

District Court E D Texas: JMOLs denied; Post-trial motions granted-in-part: Clear With Computers v Hyundai (

District Court N D California: Loss of convoyed sales justifies upward adjustment of hypothetical negotiation starting point: Oracle v Google (Docket Report)

ITC reviews-in-part and affirms the initial determination of no violation by Nintendo in Certain Video Game Systems And Controllers (337-TA-743) brought by Motiva (ITC 337 Law Blog)

ITC issues public version of opinion finding violation by HTC in Certain Personal Data and Mobile Communication Devices (337-TA-710) brought by Apple and NeXT Software (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Eastman Kodak – Eastman Kodak sues Apple over four and HTC over five digital imaging patents (FOSS Patents) (Ars Technica)

EON Corporation – Motion to transfer venue granted where five defendants located in transferee district: EON Corporation v Sensus USA (

Freescale Semiconductor – ITC institutes investigation (337-TA-822) regarding Certain Integrated Circuits (ITC 337 Law Blog)

IBM – IBM tops US grant charts yet again, but the threat from Samsung grows (IAM)

Internet Machines – Motion to compel foreign sales information denied: Internet Machines v Alienware Corporation (

It depends on what you mean by ‘mini’ – Mini-Markman hearing not appropriate in Wordcheck v Alt-N Technologies (

Microsoft – Microsoft streamlines Barnes&Noble case by withdrawing one patent and seven claims from four remaining patents (FOSS Patents)

Microsoft – Requested ITC review could find Motorola in infringement of up to five more Microsoft patents (FOSS Patents)

Motorola – Chief judge of District of Delaware enters transfer order and reproaches Apple for ‘disingenuous’ argument in declaratory judgment case brought by Motorola Mobility (FOSS Patents)

Oracle – Judge says Oracle-Google trial will take two months and hints it could slip into 2013 (FOSS Patents)

Oracle – Oracle proposes speedy path to injunction or settlement ‘to bring Android back into the Java fold’ and end ‘Google’s lawless conduct’ (FOSS Patents)

Overland Storage – ALJ Bullock strikes post-hearing reply brief in Certain Automated Media Library Devices (337-TA-746) (ITC 337 Law Blog)

Samsung – Samsung wants to show Apple’s contracts and correspondence with Qualcomm to courts in 8 countries – S D California discovery proceedings (FOSS Patents)

Samsung Electronics – ALJ Pender grants joint motion to terminate investigation in Certain Liquid Crystal Display Devices (337-TA-782) (ITC 337 Law Blog)

Verizon – Defendant need not produce customer-specific damages discovery: Red River Fiber Optic v Verizon (Docket Report)

Walker Digital – ITC institutes investigation (337-TA-824) regarding Certain Blu-Ray Disc Players (ITC 337 Law Blog)


US Copyright

Blacklist Bills becoming hot button issue in 2012 election (EFF)

The Internet goes to Washington on January 18 – Security experts and tech investors scheduled to testify; worldwide internet protest gathering (EFF)

We are still against SOPA/PIPA (plus best practices on marking CC-licensed works) (Creative Commons)

Wyden, Issa, CEA prepare for critical battles against SOPA and PIPA (Ars Technica)

Fighting Internet piracy: CES takes on SOPA vs. OPEN debate (Ars Technica)

reddit going dark for a day to protest SOPA online censorship bill (Ars Technica)

The truth about the economics behind the Blacklist Bills (EFF)

Forget SOPA: Copyright owners must build a better BitTorrent (Ars Technica)

 ‘Rogue’ Attorney General Spreads MPAA-Fed SOPA Propaganda (TorrentFreak)

Jon Stewart promises to read up on SOPA, have “the Internet” as his guest (Ars Technica)

Internet blacklist power to be stripped from Senate’s PROTECT IP Act (Ars Technica)

Is a pro-PIPA lobbying group guilty of e-mail “content theft?” (Ars Technica)

MPAA attacks Ars for “challenging efforts to curb content theft” (Ars Technica)


US Copyright – Decisions

District Court N D California: Did a court eliminate 512(h) subpoenas?: Maximized Living v. Google (Technology & Marketing Law Blog)

District Court N D California: Updates on transborder copyright enforcement over “Grandma Got Run Over by a Reindeer”: Shropshire v. Canning (Technology & Marketing Law Blog)

District Court E D Virginia: NinjaVideo founder sentenced to 22 months in prison (TorrentFreak) (Ars Technica)


US Copyright – Lawsuits and strategic steps

Astrolabe – EFF demands withdrawal of bogus time zone database lawsuit (EFF) (EFF)

Grooveshark – Not a quiet sea for the Grooveshark: EMI v Escape Media Group & UMG v Escape Media Group (The 1709 Blog)

John Wiley & Sons – EFF asks Supreme Court to tackle important first sale questions: Kirtsaeng v. Wiley (EFF)

MegaUpload – A Mega Song mega saga: a YouTube take-down controversy (IP Whiteboard)

ReDigi – Capitol Records sues ReDigi in federal court in Manhattan (Recording Industry vs The People)


US Trade Marks & Domain Names – Decisions

District Court N D California rules domain name registrar not liable for cybersquatting: Petroliam Nasional Berhad v (Out-Law) (Technology & Marketing Law Blog)

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