Online Global Week in Review 20 April 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:

Twitter announces its new “Innovator’s Patent Agreement” – pledges not to use assigned patents in offensive lawsuits without inventor permission (Ars Technica) (IP Spotlight) (IAM) (EFF)

Australian High Court confirms iiNet is not liable for peer-to-peer file sharing: Roadshow Films v iiNet (IP Whiteboard) (TorrentFreak) ( (IP Whiteboard) (IPKat) (The 1709 Blog)


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

Internet openness and copyright: Google and EU Commission agree (The 1709 Blog) (TorrentFreak)

Raskally fellows: Are copyright infringers “pirates” and “thieves”? (Ars Technica)

Note to publishers: Your addiction to DRM is killing you (GIGAOM)

In defence of NonCommercial clauses (TechnoLlama)


Global – Trade Marks & Domain Names

US government re-issues call for bids to manage Internet root zone (IP Watch)


Global – Patents

FRANDly licensing in mobile telecommunication (IPEG)

The FRAND wars: Who’s on first? (Patently-O)

Twitter announces its new “Innovator’s Patent Agreement” – pledges not to use assigned patents in offensive lawsuits without inventor permission (Ars Technica) (IP Spotlight) (IAM) (EFF)

Why Microsoft is best-in-class when it comes to IP (IAM)

Perhaps Starboard’s AOL patent outburst ended up doing Microsoft a big favour (IAM)

And so it begins … Rockstar seeks buyers for Nortel social networking and LCD patents (IAM)



High Court confirms iiNet is not liable for peer-to-peer file sharing: Roadshow Films v iiNet (IP Whiteboard) (TorrentFreak) ( (IP Whiteboard) (IPKat) (The 1709 Blog)

Does anyone think Google is advertising the sponsored links? FCAFC does. ACCC v Google (



Canada Post files copyright lawsuit over crowdsourced postal code database (Michael Geist) (

Broadcasting coalition files complaint against CBC over free music streaming (Michael Geist)

Cloud trade marks – new listed service descriptions (

Social media: A lesson for trademark owners – IP enforcement and impact on goodwill: Industries Lassonde v Oasis d’Olivia (Canada Trademark Blog)



CJEU rules on international keyword jurisdiction dispute: Case C‑523/10 Wintersteiger v Products 4U Sondermaschinenbau (Class 46) (IPKat)

CJEU: Bonny result for Bonnier as IP discovery trumps data retention rules: Case C-461/10 Bonnier Audio v Perfect Communication (IPKat) (TorrentFreak)

“Private Copying and Fair Compensation: An Empirical Study of Copyright Levies in Europe”: Evidence-based policy – or policy-based evidence? An academic responds (The 1709 Blog)



Mannheim Regional Court extends push e-mail injunction against iCloud, MobileMe (Ars Technica)

Apple keeps up pressure on Motorola Mobility with multilingual alphabet patent (FOSS Patents)

Motorola under pressure in Germany from Microsoft patent on event architecture (FOSS Patents)

German court might ban iPhone and iPad again within a few months — same Moto patent as last time (FOSS Patents)

Motorola’s patent enforcement against Apple will cost German taxpayers millions (of euros/dollars) (FOSS Patents)

Deficiencies of US$280,000 bond may require Apple to restart a German Samsung lawsuit (FOSS Patents)

German Apple lawsuit against HTC over multilingual alphabet stayed until next year (FOSS Patents)



Clash of the courts: Indian district court restrains Google from complying with a subpoena issued by an American court (Spicy IP)



INFACT, an MPAA-affiliated anti-piracy group, mysteriously disappears (TorrentFreak)



Morocco takes a closer look at IP and the electronic press (Afro-IP)



Pirate Party ordered to shut down Pirate Bay proxy; Pirate Party to take action against BREIN to overturn order (The 1709 Blog) (TorrentFreak) (TorrentFreak)

Censoring The Pirate Bay is useless, University of Amsterdam research shows (TorrentFreak)


New Zealand

Kiwi ISP issues first music piracy ‘3rd strike’, Movie Biz can’t be bothered (TorrentFreak)



Student Bay file-sharing ‘Admin’ walks free (TorrentFreak)



Swiss 3.0 Creative Commons licenses now available (Creative Commons)

RapidShare publishes anti-piracy manifesto for cyberlockers (TorrentFreak)

RapidShare struggles to placate Big Content with anti-piracy plan (Ars Technica)


United Kingdom

Virgin pulls Doctor Who themed TiVo advertisement (IPKat)

BitTorrent troll, Lyndsay Honey, admits its all about making even more money (TorrentFreak)


United States

US Patents – Decisions

Federal Circuit holds that negotiations underlying settlement agreements can be discovered: In re MSTG, Inc (Pharma Patents) (Kluwer Patent Blog)


US Patents – Lawsuits and strategic steps

Anu – Anu files new 337 complaint regarding Certain Electronic Devices Having A Retractable USB Connector (ITC 337 Law Blog)

Apple – Apple appeals ITC dismissal of complaint against Motorola to the Federal Circuit (FOSS Patents)

Google – Google Attack on computerized menu patent among the reexamination requests filed the week of April 9, 2012 (WHDA)

Intellectual Ventures – ALJ Gildea denies motion to amend notice of prior art in Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803) (ITC 337 Law Blog)

LSI Corporation – ITC institutes investigation (337-TA-837) regarding Certain Audiovisual Components (ITC 337 Law Blog)

Microsoft – Microsoft asks ITC to delay decision on Motorola’s claims against Xbox due to FRAND issues (FOSS Patents)

Microsoft – Motorola calls $4 billion royalty figure ‘misleading’ but doesn’t dispute the number per se (FOSS Patents)

Oracle – Ellison, Page both take the stand as Google argues “Java language is free and open” (Ars Technica)

Oracle – Google CEO Larry Page retakes the stand: “I’m not sure whether we ever got a license” (Ars Technica)

Oracle – Oracle and Google find common denominator for telling jury about use of Java APIs in Android (FOSS Patents)

Oracle – Oracle tells jury “you can’t just step on somebody’s intellectual property” (Ars Technica)

Oracle – Oracle v. Google trial: evidence of willful infringement outweighs claims of approved use (FOSS Patents)

Oracle – Oracle’s Java IP war against Google finally going to trial: What’s at stake (Ars Technica)

Renesas – ALJ Bullock issues claim construction order in Certain Digital Televisions And Components Thereof (337-TA-806) (ITC 337 Law Blog)

Samsung – N D California Dictrict Court judge orders Apple and Samsung to participate in ‘Magistrate judge settlement conference’ (Patentology) (FOSS Patents)

Samsung – ITC judge pushes back Samsung case against Apple by six weeks (FOSS Patents)

Samsung – Samsung targets Apple in the US with eight more patents (Ars Technica) (FOSS Patents)

Vizio – ALJ Bullock issues claim construction order in Certain Digital Televisions (337-TA-789) (ITC 337 Law Blog)

Walker Digital – ITC action to continue despite advancing USPTO re-examination: Certain Blu-Ray Disc Players (Patents Post Grant) (ITC 337 Law Blog)


US Copyright

Berners-Lee: Don’t let record labels upset web openness (Ars Technica)

Trouble in Trolltown: Judges increasingly catching on to copyright trolls’ unfair tactics (EFF)

Copy protection means some DirecTV subs will need new gear to watch HBO (Ars Technica)


US Copyright – Decisions

ND California: MapleStory enforcement action leads to ridiculously large anti-circumvention damages: Nexon v. Kumar (Technology & Marketing Law Blog)


US Copyright – Lawsuits and strategic steps

Grooveshark – Grooveshark facing legal actions from four major record labels and has its own action against Digital Music News over leaked confidential information (The 1709 Blog)

Hard Drive – Ex parte motion for expedited discovery denied in Hard Drive v. Does 1-90 (Recording Industry vs The People)

John Wiley & Sons – Major Book publisher demands jury trial against bittorrent pirates: John Wiley & Sons v Jeff NG et al (TorrentFreak)

Megaupload – Carpathia, Megaupload’s hosting company might be sued next (TorrentFreak)

Megaupload – Government trying to deny Megaupload fair legal representation (Ars Technica)

Megaupload – Judge not impressed with government’s arguments against preserving Megaupload data;  orders parties to come up with a plan to protect everyone’s interests (Ars Technica) (EFF)

Megaupload – Megaupload worked on a multi-billion dollar IPO (TorrentFreak)

Ubisoft – John Beiswenger sues Ubisoft for copyright infringement in relation to Ubisoft’s Assassin’s Creed franchise (Patent Arcade)



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