Online Global Week in Review 22 July 2011 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:

Folk hero and/or cyberthief? The case of Aaron Swartz (1709 Blog) (ArsTechnica) (Likelihood of Confusion) (Copyright Alliance) (Against Monopoly) (Ars Technica)

Google v. Belgium ‘link war’ ends after years of conflict (ArsTechnica) (

Apple must think carefully about what to do with yesterday’s ITC win against HTC (IAM) (IPBiz) (ArsTechnica)


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

What’s the best search for everyone? (IP Think Tank)

Hacking and DDoS: lessons from network resilience (TechnoLlama)


Global – Copyright

Netflix, Spotify and the future of unlimited streaming (Plagiarism Today)

Seven successful launch events on The Power of Open (Creative Commons)

Patent practitioners unwittingly perform pro bono work for Google (Patent Baristas)

Suppressed report found busted pirate site users were good consumers (TorrentFreak)


Global – Trade Marks & Domain Names

WIPO takes a shot at ICANN’s domain dispute reform (IP Watch)

New top level domains are here to come, get used to it (IPKat)


Global – Patents

Collaborative standards for mobile technologies: a great deal for consumers (IP finance)

Google not hanging about – begins talks with InterDigital (Tangible IP)

Nortel post mortem (Tangible IP) (IAM)

What Nortel means for IP and the IP community (Tangible IP)

What does Nortel mean for the winners and losers? (Tangible IP)



Use of a trade mark on a website as trade mark use in Australia: International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Limited (JIPLP)



Google v. Belgium ‘link war’ ends after years of conflict (ArsTechnica) (



Canadians drop Nortel probe as InterDigital considers its own patent sale (IAM)



Report on the public hearing on Directive 2004/48/EC and the challenges posed by the digital environment (IPR Helpdesk)

The European Commission publishes a Green Paper on the online distribution of audiovisual works (IPR Helpdesk)



ISP refuses to block the Pirate Bay (TorrentFreak)



French copyright cops: we’re swamped with ‘three strikes’ complaints (ArsTechnica) (TorrentFreak)



Indian government blocks leading file-sharing services (TorrentFreak)

The ‘standard form’ injunctions of the Delhi High Court in software piracy cases (Spicy IP)



High Court Judge threatened over Pirate Bay injunction – IRMA and Eircom (TorrentFreak)



Italy censors proxy that bypasses BTjunkie and Pirate Bay block (TorrentFreak) (TorrentFreak)

Yahoo! does not have to delete copyright-infringing search results Italian court rules (



Final ruling confirms ‘Pirate’ sites act lawfully in Spain (TorrentFreak)



15 year-old boy faces file-sharing prosecution (TorrentFreak)


United Kingdom

Music piracy row escalates between label and magazine (TorrentFreak)


United States

US Patent Reform

In patent reform legislation, Congress starts to slowly chip away at business method patents (Electronic Frontier Foundation)


US Patents

Antitrust concerns over the $4.5B Apple-Microsoft-RIM patent purchase (Patently-O)

Patent trolls drive app developers from US market (Electronic Frontier Foundation)


US Patents – Decisions

District Court S D California finds that damages expert’s ‘alternative analysis’ was not based on sound economic principles: Lucent Technologies, Inc., et. al. v. Gateway, Inc., et. al. (Docket Report)

District Court Delaware: Manner of making amendments in patent reexamination: Stored Value v Card Activation Technologies (Patents Post Grant Blog)

Kodak noninfringement of Apple patents upheld at ITC (IPBiz) (ArsTechnica)

Apple must think carefully about what to do with yesterday’s ITC win against HTC (IAM) (IPBiz) (ArsTechnica)

ALJ Luckern issues public version of initial determination finding no section 337 violation by Apple in Certain Electronic Devices With Multi-Touch Enabled Touchpads and Touchscreens (337-TA-714) (ITC Law Blog)

ALJ Charneski issues initial determination of section 337 violation by Nokia in Certain Personal Data and Mobile Communications Devices (337-TA-710) (ITC Law Blog)


US Patents – Lawsuits and strategic steps

Achates – Achates Reference Publishing files suit against Symantec Corporation and others alleging infringement of their patents directed to software authentication and activation (Patent Arcade)

Google – Oracle case against Google’s Android headed for stay? (WHDA)

RPost – Rpost files patent infringement suit against Adobe over electronic signature technology (IPBiz)

Samsung – Samsung files new 337 complaint regarding Certain Light-Emitting Diodes (ITC Law Blog)

Trek 2000 International – ITC institutes investigation (337-TA-788) regarding Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives (ITC Law Blog)

Vizio – Samsung files new 337 complaint regarding Certain Light-Emitting Diodes (ITC Law Blog)

Wildcat Intellectual Property Holdings – Wildcat files suit against 4Kids Entertainment and others over patent for electronic trading cards (Patent Arcade)

Zenith Electronics – ALJ Luckern sets procedural schedule in Certain Electronic Devices Having A Digital Television Receiver (337-TA-774) (ITC Law Blog)


US Copyright

The ‘Graduated Response’ deal: What if users had been at the table? (Technology & Marketing Law Blog)

Electronic Frontier Foundation: Oppose Criminal Streaming Bill in Senate (Electronic Frontier Foundation) (Copyright Litigation Blog)

Folk hero and/or cyberthief? The case of Aaron Swartz (1709 Blog) (ArsTechnica) (Likelihood of Confusion) (Copyright Alliance) (Against Monopoly)

Swartz supporter dumps 18,592 JSTOR docs on the Pirate Bay (Ars Technica)

Creative piracy: the movies are free, it’s the DVD cases that cost money (ArsTechnica) (1709 Copyright Blog)

Spotify’s US launch highlights the good, the bad, and the promise of subscription-based music services (Electronic Frontier Foundation)

The Copyright Office DMCA database – 9 reasons to kill it (PlagiarismToday)


US Copyright – Decisions

District Court Nevada: Righthaven ordered to pay $5,000 in sanctions for its misrepresentations to Court: Righthaven v. Democratic Underground (Electronic Frontier Foundation)

District Court N D California: 17 USC 512(f) preempts state law claims over bogus copyright takedown notices: Amaretto v. Ozimals (Technology & Marketing Law Blog)

District Court N D California: Joinder of swarm improper but expedited ex parte discovery granted against peer to peer filesharer Doe Number 1: Pacific Century International Ltd v. DOES 1–101 (Copyright Litigation Blog) (Technology & Marketing Law Blog)

District Court N D Illinois: Maps, not underlying data, warrant copyright protection: The Nielsen Co. (US), LLC v. Truck Ads, LLC (Chicago IP Litigation Blog)


US Copyright – Lawsuits and strategic steps

Google – Google, book publishers get Sept. deadline to reach new agreement (ArsTechnica)

Hard Drive Productions – 70 year-old Grandma threatened over BitTorrent download (TorrentFreak)

Puerto 80 – US Government: Rojadirecta owners must prove innocence before we release domain (Public Knowledge)

RIAA – Indie labels lose patience and sue LimeWire for millions (TorrentFreak)

Righthaven – Righthaven learning it can’t change the facts after it sues (ArsTechnica)

Zynga – Online farming (game) dispute! SocialApps files suit against Zynga alleging copyright infringement, trade secrets breach, breach of contract (Patent Arcade)


US Trade Marks & Domain Names – Decisions

District Court N D California: Social Media Marketing is relevant to trademark confusion analysis: Quia v. Mattel (Technology & Marketing Law Blog)

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