Online Global Week in Review 27 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:

Regional Court of Hamburg: YouTube must improve monitoring of copyrighted content: GEMA v YouTube (Ars Technica) (TorrentFreak) (The 1709 Blog) (IPKat) (The 1709 Blog) (The 1709 Blog) (IPKat) (Out-Law) (IP Solutions Blog)

Ability to sell downloadable ‘used’ licenses for computer programs severely limited, ECJ advisor says: C-128/11 Axel W. Bierbach (liquidator of UsedSoft GmbH) v Oracle International Corp (Out-Law) (The 1709 Blog) (IPKat)


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

Consumers International releases 2012 IP Watch List (Michael Geist)

Cyber security: It’s not synonymous wiith safeguarding valuable information-based intangible assets! (Business IP and Intangible Asset Blog)


Global – Copyright

Google’s piracy filter cuts “Pirate Bay” searches in half, but… (TorrentFreak)

The history of file-sharing (TorrentFreak)

Government and library open data using Creative Commons tools (Creative Commons)

Movie spy cameras attack the dying art of camcorder piracy (TorrentFreak)


Global – Trade Marks & Domain Names

Global internet conference opens with an air of possibility (IP Watch)

Internet visionaries convene in Geneva to discuss future of the web (IP Watch)


Global – Patents

Twitter’s Innovator’s Patent Agreement: The future or foolish? (Patent Law Practice Center)

Sir Jonathan Ive receives most votes as “visionary innovator” (IPKat)

Facebook will buy 650 AOL patents from Microsoft (Ars Technica) (IAM)

Apple v Android part I: Shall we play a game? (Patentology)

Apple v Android part II: Old rivals – Apple v Microsoft (Patentology)

Apple v Android part III: The IP armoury (Patentology)

Nokia and RIM look to revive their fortunes by getting more bang from their IP buck (IAM)



Australia High Court sides with ISP in landmark copyright case: Roadshow v iiNet (Michael Geist) (Ars Technica)

Full Federal Court unanimously allows appeal from finding that Optus TV Now did not infringe copyright in broadcasts: NRL v Singtel Optus (

Australian Police accused of mass software piracy (TorrentFreak)



International publishers threaten Canada with WTO complaint over Bill -11 (Michael Geist) (Excess Copyright)

Stop me if you’ve heard this one before: Digital Economy Strategy coming later this year (Michael Geist)



Chinese court, government still trying to settle iPad trademark dispute (Ars Technica)

Apple-Proview China trademark litigation. It’s gonna settle. Bet on it. (China Law Blog)

Apple, Proview and a whole lot of speculation (China Hearsay)

Italian company gets its domain name back in China: Missoni v Yingying Wang (John Marshall Law School)

No CHEMDRAW for CambridgeSoft in China: CambridgeSoft v TRAB (John Marshall Law School)

Dispute over online forms: online forms may be deemed copyrightable works (John Marshall Law School)

A case of website homepages: website homepage is copyrightable in China (John Marshall Law School)

Wind case wends through Chinese Courts, perhaps to China Supremes – American Superconductor and Sinovel battle over alleged misappropriation of software code for controlling wind turbines (Green Patent Blog)



Ability to sell downloadable ‘used’ licenses for computer programs severely limited, ECJ advisor says: C-128/11 Axel W. Bierbach (liquidator of UsedSoft GmbH) v Oracle International Corp (Out-Law) (The 1709 Blog) (IPKat)

CJEU: Information stored under data retention laws can be disclosed to copyright holders to identify illegal file-sharers: Bonnier v Perfect Communication (Out-Law)

Emails: are they “public” for European patent purposes? T 0002/09, T 1553/06 (IPKat)



Court gives IFPI permission to identify Pirate Bay users (TorrentFreak)



French presidential candidate against three-strikes law, kinda sorta (Ars Technica)



Regional Court of Hamburg: YouTube must improve monitoring of copyrighted content: GEMA v YouTube (Ars Technica) (TorrentFreak) (The 1709 Blog) (IPKat) (The 1709 Blog) (The 1709 Blog) (IPKat) (Out-Law) (IP Solutions Blog)

Munich I Regional Court: Motorola virtually concedes infringement of overscroll bounce patent but disputes validity (FOSS Patents)



Anti-piracy group BREIN asks court to gag The Pirate Party (TorrentFreak)



RapidShare overtures snubbed, “must do better” say Labels (TorrentFreak)


United Kingdom

Creative industry hits out at delay to workings of anti-piracy code (Out-Law)


United States

US General

Google on track to outspend banks, big tobacco in lobbying (Ars Technica)

MySpace profile and friends list may be trade secrets(?): Christou v Beatport (Technology & Marketing Law Blog)


US Patents

Software patents – more challenging – more thought required… (Patent Math)


US Patents – Decisions

CAFC extends ResQNet and allows discovery of settlement negotiations: In re MSTG (Intellectual Property Law Blog)

SD California: Royalty rate may not be extrapolated from revenue sharing agreement: DataQuill v High Tech Computer (Docket Report)

ND Illinois: Litigation counsel’s representation of inventor at deposition was not a “bona-fide attorney-client relationship” and did not trigger attorney-client privilege: Apple v Motorola (Docket Report)

ITC issues public version of opinion finding no violation of Section 337 in Certain Portable Electronic Devices and Related Software (337-TA-721) brought by HTC against Apple (ITC 337 Law Blog)

Preliminary ITC ruling holds Apple to infringe a 3G-essential Motorola patent (FOSS Patents) (Ars Technica)

ITC: ALJ Shaw issues initial determination S 337 violation by Microsoft in Certain Gaming And Entertainment Consoles (337-TA-752) brought by Motorola (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Apple – Court to hold hearing on July 5 to discuss if Apple’s ‘antisuit lawsuit’ against Motorola can proceed (FOSS Patents)

Elpida Memory – ALJ Gildea grants motion to compel in Certain Dynamic Random Access Memory And NAND Flash Memory Devices (337-TA-803) (ITC 337 Law Blog)

FlatWorld Interactives – Every touch-based Apple product targeted by apparent patent troll (Ars Technica)

Freescale Semiconductor – ALJ Rogers grants-in-part motion to strike expert report in Certain Integrated Circuits (337-TA-786) (ITC 337 Law Blog)

Motorola – ITC issues sanctions for misrepresentations in counsel’s opening statement and pre-trial brief in Certain Wireless Communication Devices (337-TA-745) brought by Motorola against Apple (Docket Report)

Motorola – Motorola said Seattle FRAND case could affect ITC Xbox case, initial determination is no import ban (FOSS Patents)

Motorola – Motorola told judge its $4 billion royalty demand from Microsoft ‘was in fact reasonable RAND’ (FOSS Patents)

MyKey – ALJ Bullock denies motion to compel inspection in Certain Computer Forensic Devices (337-TA-799) (ITC 337 Law Blog)

Oracle – Andy Rubin knew that a clean-room implementation of Java was ‘unlikely’ to happen at Google (FOSS Patents) (Ars Technica)

Oracle – Judge denies assertion of revived Oracle patent but Google still needs to take a license to it (FOSS Patents) (FOSS Patents) (FOSS Patents) (Ars Technica) (Ars Technica) (Ars Technica)

Oracle – Lindholm testimony and the reality of Java licensing options (FOSS Patents) (Ars Technica)

Oracle – Oracle asks court to clear up potential confusion over Apache license and Apache Harmony project (FOSS Patents)

Oracle – Oracle/Google trial: Android prototype, proposed $9.99 data plan revealed (Ars Technica)

Oracle – Sun wanted up to $50 million from Google for Java license, Schmidt says (Ars Technica)

Pact XXP – Motion to strike certain inequitable conduct-ish and PTO practices language from invalidity expert’s report granted: Pact XXP v Xilink (

Pragmatus – ITC institutes investigation (337-TA-839) regarding Certain Consumer Electronics, Including Mobile Phones and Tablets against ASUS, HTC, Pantech, RIM, and Samsung (ITC 337 Law Blog)

Rambus – Claims of two Rambus memory device patents rejected by PTO Board of Appeals (WHDA)

Samsung – Samsung filed its defenses against Apple’s second U.S. preliminary injunction motion (FOSS Patents)


US Copyright

The pragmatic approach to the copyrightability of API packages: case-by-case analysis (FOSS Patents)

Repo Man’s Alex Cox: Move sites overseas to kill copyright complaints (TorrentFreak)


US Copyright – Lawsuits and strategic steps

Aereo – TV networks sue New York TV streaming provider Aereo for “retransmitting” TV stations without a license (EFF)

AF Holdings – ISPs ask judge to quash subpoena in troll case – or let them appeal: AF Holdings v Does (EFF)

IMAGiNE – IMAGiNE bittorrent piracy group indicted, face years in prison (TorrentFreak)

Megaupload – Kim Dotcom lashes out against “corrupt” US government (TorrentFreak)

Megaupload – Megaupload trial may never happen, Judge says (TorrentFreak)

Oracle – Judge plans to inform jury that structure, sequence and organization of Java APIs are copyrightable (FOSS Patents)

Oracle – Copyrightability of Java APIs would be consistent with law and practice, not a ‘substantial departure’ for industry (FOSS Patents)

Oracle – Open-sourcing of Java and API copyrightability are entirely unrelated issues (FOSS Patents)

Oracle – Google tries to destroy Oracle’s case, asks for judgment on Java copyrights (Ars Technica)

Rush Limbaugh – Limbaugh copies Michael Savage’s bogus copyright theory, sends DMCA takedown to silence critics (EFF)

Ubisoft – Assassin’s Creed maker sued for copyright infringement by science fiction writer J L Beiswenger (TechnoLlama)

UMG Recordings – UMG’s summary judgment motion denied in James v UMG, digital download ‘sale vs license’ case (Recording Industry vs The People)

Voltage Pictures – Hurt Locker makers return to sue 2,514 bittorrent users (TorrentFreak)


US Trade Marks & Domain Names – Decisions

ED New York: Cautionary tale for settling trademark cases: Tormented Souls v Tormented Souls Motorcycle Club (Technology & Marketing Law Blog)

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