Online Global Week in Review 28 Aug 09 from IP Think Tank

Here is IP Think Tank’s weekly selection of top Online intellectual property news breaking in the blogosphere and internet.

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.

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Highlights this week included:

UK government revives downloader cut-off proposal; ISPs object (IPKat) (Excess Copyright) (1709 Copyright Blog) (TorrentFreak) (Ars Technica)

CAFC grants Microsoft expedited patent appeal in Word case; Microsoft submits opening brief in appeal: i4i Ltd v Microsoft Corp (IP Watchdog) (Patently-O) (Patently-O) (Washington State Patent Law Blog) (Patently-O)

Global – General

IP business models, licensing and the Pirate Party rolls on IP Think Tank podcast 13 August 2009 (IP Think Tank)

Global – Copyright

Microsoft, Yahoo and Amazon join Open Book Alliance opposing Google Book Settlement, (1709 Copyright Blog) (IPKat) (Ars Technica)


Tweet trade mark in Canada (

A stroke of genius or copyright infringement? Mashups, copyright and moral rights in Canada (IP Osgoode)

Clement: No Copyright Bill until late 2009 at the earliest, Spring 2010 possible (Michael Geist)

Government may be altering copyright submissions without consent (Michael Geist)

Brad Fox on format shifting (Michael Geist)

Collier-Brown on copyright reform (Michael Geist)

Danielle Parr on anti-circumvention legislation (Michael Geist)

Music Groups gearing up as part of copyright consultation (Michael Geist)

Canadian Students speak out on copyright (Michael Geist)

Why Did Security Guards Stop CFS From Distributing Flyers at the Copyright Town Hall? (Michael Geist)


China online infringement – future looking brighter for owners (China Hearsay)


Swedish Pirate Party polled 7.1% of the vote in recent European elections (1709 Copyright Blog)

EC publishes policy document ‘Europeana – Next Steps’ and consultation about the future of the digital library (1709 Copyright Blog) (Intellectual Property Watch)

Soundexchange webcast agreement halves royalty rates (Innovationpartners)


Brand new Pirate Party of Finland on file-sharing (TorrentFreak)


France surrenders to Google – Bibliotheque Nationale de France announces deal with Google to digitise all of its texts (1709 Copyright Blog)


Herbert Rusche, co-founder of German Green Party and former member of German Parliament joins Pirate Party (TorrentFreak)

Hong Kong

60% of Hong Kong young download films or music illegally (IP Dragon) (IP Dragon)

Where do our information initiatives go wrong? – 17% of young in Hong Kong don’t know they are breaking copyright law when illegally downloading (Innovationpartners)


High Court order forcing Eircom to block Pirate Bay doesn’t persuade UPC to do the same (1709 Copyright Blog)


Mininova ordered to remove all ‘infringing’ torrents (TorrentFreak) (Ars Technica)


Pirate Bay clone threatened by Romanian RIAA (TorrentFreak)


The Pirate Bay back online after Black Internet disconnects to comply with court order (1709 Copyright Blog) (TorrentFreak) (TorrentFreak)

Black Internet sabotaged, calls in police (TorrentFreak)

Sweden’s bailiff finds no attachable assets belonging to three of the four Pirate Bay founders (1709 Copyright Blog) (Ars Technica)

No Pirate Bay deal, says key Global Gaming Factory technology partner (TorrentFreak)

Global Gaming Factory shareholders push through Pirate Bay acquisition (TorrentFreak) (Ars Technica)

Global Gaming Factor stock trading suspended, several investors lost(TorrentFreak) (1709 Copyright Blog) (TorrentFreak) (TorrentFreak)

Anti-piracy lawyer hails biggest pirate movie bust (TorrentFreak)


Dispute resolution policy for ccTLD .ch and .li (Switzerland and Liechtenstein): procedural peculiarities and some statistics (Class 46) (Class 46)

Third time lucky – Municipality of St Moritz finally obtains (Class 46)

United Kingdom

Government revives downloader cut-off proposal; ISPs object (IPKat) (Excess Copyright) (1709 Copyright Blog) (TorrentFreak) (Ars Technica)

Apple iPhone 3GS advertises ‘cut, copy & paste’ functionality (1709 Copyright Blog)

United States
US General

Apple, AT&T to file comments in Google Voice-gate (Ars Technica)

US Patents – Decisions

CAFC grants Microsoft expedited patent appeal in Word case; Microsoft submits opening brief in appeal: i4i Ltd v Microsoft Corp (IP Watchdog) (Patently-O) (Patently-O) (Washington State Patent Law Blog) (Patently-O)

US Patents – Lawsuits and strategic steps

Blackboard – ITC decides not to review initial determination staying investigation pending Federal Circuit appeal in dispute between Blackboard and Desire2Learn (ITC 337 Law Blog)

BTG International – ITC institutes investigation regarding MLC flash memory devices following complaint from BTG against Samsung, Apple, ASUStek, ASUS Computer, Dell, Levono and others (ITC 337 Law Blog)

Finjan gets injunction against McAfee and $13.7 million in damages following finding of wilful patent infringement: Finjan Software Ltd v Secure Computing Corp (The IP Factor)

Nintendo – Nintendo settles patent suit with Hillcrest (Washington State Patent Law Blog)

Samsung – ITC institutes investigation regarding certain flash memory in response to complaint by Samsung against Spansion, Alpine, D-Link, Slacker, Synology,Shenzhen, Appro (ITC 337 Law Blog)

SanDisk – ITC decides to review initial determination in flash memory controllers investigation commenced following complaint by SanDisk against over 50 respondents (ITC 337 Law Blog)

Twitter – TechRadium sues Twitter for patent infringement is Southern District of Texas (IP Watchdog)

WPP – Denizen sues WPP, JWT for patent infringement in dispute arising from ad campaign for Bing – Implementing a method for suing for theft of patented or publicly known secrets (ISinIP)

US Copyright

Perspective on payments: Comparing file-sharing damages to criminal sentences (Public Knowledge)

US government employee training on safe computing practices suggests all music downloads illegal (Ars Technica)

Superheroes have rights too – a look at royalties and copyright ownership litigation history of Superman (Innovationpartners)

US Copyright – Decisions

CAFC reverses 2007 summary judgment in SCO v Novell (1709 Copyright Blog) (Innovationpartners) (Ars Technica)

Court of Appeals for the 2nd Circuit upholds decision that Yahoo internet radio service not required to pay ‘per play’ fees to copyright holders: Arista Records LLC v Launch Media, Inc (1709 Copyright Blog) (IPKat) (IP Spotlight)

US Copyright – Lawsuits and strategic steps

Flat World Knowledge – Flat World offering CC-licensed textbooks finds plenty of money to be made from ‘free’ (Ars Technica)

National Music Publishers Association – NMPA files copyright infringement lawsuits against two businesses, LiveUniverse and Motive Force, which publish unlicensed lyrics through their websites (1709 Copyright Blog)

RIAA – Prof Howard Knopf’s response to Charles Nesson re Tenenbaum (Excess Copyright)

US Trade Marks – Lawsuits and strategic steps

American Airlines – Yahoo subpoenas Expedia in suit over use of American Airlines’ trademarks as keyword triggers (Technology & Marketing Law Blog)

Twitter – Does Twitter own the trade mark on ‘Tweet’? (Blawg IT)


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