Online Global Week in Review 28 Oct 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:

Controversial US bill targeting “rogue websites” introduced into House – HR 3261, Stop Online Piracy Act (IP Watch) (Excess Copyright) (Public Knowledge) (Public Knowledge) (EFF)

UK ISP BT given 14 days to block Newzbin2 (TorrentFreak) (1709 Copyright Blog) (Out-Law)

Second BGH decision on Google Image search – I ZR 140/10 Vorschaubilder II (IPKat) (1709 Copyright 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

Plurilateral trade agreements lack protections for users, intermediaries (IP Watch)

Whither copyright: in the year 2525 (IPKat)

Watch out MAFIAA, antibiotics don’t work on viral pirates (TorrentFreak)

Piracy and copyright challenges in 1841 mirror those of today (TorrentFreak)

Copyright and ‘the cloud’: What goes up must come down (Excess Copyright)


Global – Trade Marks & Domain Names

US to seek bids to manage key aspect of the Internet (IP Watch)


Global – Patents

Jobs biography reveals irrational Android ‘thermonuclear’ reaction (Patentology) (IAM)

Microsoft collects license fees on 50% of Android devices, tells Google to “wake up” (Ars Technica) (IP finance) (Out-Law)

Samsung’s hopes for iPhone 4S injunctions in France and Italy are alive but fading (FOSS Patents)

American Express joins the IV roster (IAM)

Apple v Android – maybe it’s Google and Samsung that face the reputation risk (IAM)

Two unacknowledged heroes of the Nortel auction and the potential patent tipping point (IAM)

The great covenant not to sue auction mystery deepens as senior ICAP man departs (IAM)



ICANN says it hasn’t forgotten Africa after all (Afro-IP)



Samsung over first hurdle in bid to overturn Apple injunction (Patentology)

Apple pursues Australian online retailers over Galaxy Tab sales (Patentology)



Brazil has a saying in Adwords (IP tango)

Misuse of sponsored links under the Brazilian law (IP tango)



Domain name update: .ca – CIRA proposal to introduce French-accented letters (

Hurt Locker Canadian litigation update – decision ordering disclosure available in English (Excess Copyright)

Steve Jobs on how he started Apple with “illegal” devices. lessons to be learned re Bill C-11? (Excess Copyright)

Copyright debate hits the House of Commons: Opposition won’t support C-11 due to digital locks (Michael Geist)

Conservative MP on C-11’s digital lock rules: no risk of liability for breaking locks (Michael Geist)

The daily digital lock dissenter, day 12: Canadian Association of Research Libraries (Michael Geist)

The daily digital lock dissenter, day 13: Canadian Historical Association (Michael Geist)

The daily digital lock dissenter, day 14: Canadian National Institute for the Blind (Michael Geist)

The daily digital lock dissenter, day 15: Canadian Bookseller Association (Michael Geist)

The daily digital lock dissenter, day 16: Canadian Home and School Federation (Michael Geist)

The daily digital lock dissenter, day 17: Film Studies Association of Canada (Michael Geist)



Software copyright registration application – Procedure and main points (China Blawg)



Murphy’s law of licensing? – practical ramifications of ECJ’s decision in MPS v Murphy and FAPL v QC Leisure (1709 Copyright Blog)

Levies for private copying when blank media are imported: who pays?: CJEU ruling in Stichting De Thuiskopie v Opus Supplies Deutschland GmbH, Mijndert van der Lee and Hananja van der Lee (JIPLP)



Finnish ISP ordered to block The Pirate Bay (TorrentFreak)



Government concludes investigation following anti-piracy data breach (TorrentFreak)



Second BGH decision on Google Image search – I ZR 140/10 Vorschaubilder II (IPKat) (1709 Copyright Blog)



‘A different perspective on Samsung v. Apple‘ (EPLAW)



Married BitTorrent admins charged in billion dollar piracy case (TorrentFreak)



Pirate Bay founders “should be denied” Supreme Court hearing (TorrentFreak)


United Kingdom

UK ISP BT given 14 days to block Newzbin2 (TorrentFreak) (1709 Copyright Blog) (Out-Law)

GaGa gags Goo Goo: a perspective on parody (IPKat)

Scope of Ofcom copyright code to be determined by appeals body (Out-Law)

Hargreaves – Sir Robin drills! (1709 Copyright Blog)


United States

US General

Controversial US bill targeting “rogue websites” introduced into House – HR 3261, Stop Online Piracy Act (IP Watch) (Excess Copyright) (Public Knowledge) (Public Knowledge) (EFF)


US Patents

New survey reports a sharp drop in NPE litigation success rates in the US during 2010 (IAM)

Kodak board faces legal action threat if patent sale does not generate a “fair market value” (IAM)


US Patents – Decisions

District Court E D Virginia: VS Tech v. Twitter: Patentable subject matter (Patently-O)


US Patents – Lawsuits and strategic steps

Amazon – Texan patent troll, Smartphone Technologies (subsidiary of Acacia Research), seeks to stamp out Amazon’s (Kindle) Fire (IP Osgoode)

Apple – HTC asks ITC to drop patent from investigation after Apple allegedly narrowed its scope (FOSS Patents)

Apple – HTC claims intervening rights against Apple in ITC case (Patent Law Practice Center)

Apple – Industry body rebuts Google’s and HTC’s public interest arguments against potential Android import ban (FOSS Patents)

Apple – ITC staff now advocates six-month exception for 4G devices from potential HTC Android import ban (FOSS Patents) (FOSS Patents)

Apple – Six-week delay of Apple’s and Microsoft’s cases against Motorola Mobility due to ITC overload (FOSS Patents)

Beacon Navigation – Beacon files new 337 complaint regarding Certain Automotive GPS Navigation Systems (ITC 337 Law Blog)

Facebook – Facebook request for reexamination of data review patent among those requested week of 10/10/12 (Patent Law Practice Center)

Google – Oracle-Google trial postponed beyond the end of the year (FOSS Patents)

Microsoft – ALJ Gildea denies motion for summary determination in Certain Set-Top Boxes (337-TA-761) (ITC 337 Law Blog)

Trek Technologies – ALJ Essex grants motion to terminate investigation as to Verbatim in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives (337-TA-788) (ITC 337 Law Blog)


US Copyright

Public Knowledge commends Copyright Office on new priorities (Public Knowledge)

The Digital Public Library of America: How would you like to access online resources? (Public Knowledge)

Library of Congress asks: how should we let you break DRM? (Ars Technica)

Blockbuster trying to evade Warner Bros’ 28-day “buyers only” window (Ars Technica)

Free! Fight for the future faces bogus legal threats (EFF) (1709 Copyright Blog)


US Copyright – Decisions

District Court Nevada: Righthaven hit with another fee/cost award, this time nearly $120k: Righthaven v. DiBiase (Technology & Marketing Law Blog) (Ars Technica)


US Copyright – Lawsuits and strategic steps

MCGIP – Exposed copyright trolls dump mass-bittorrent lawsuits (TorrentFreak)

Oracle – Google’s API motion to dismiss Oracle’s Java copyright claims is defeated (IP Osgoode)


US Trademarks & Domain Names

Keyword metatags are back…will judicial freakouts continue? (Technology & Marketing Law Blog)


US Trade Marks & Domain Names – Decisions

TTAB dismisses BLACKBERRY’s 2(d) opposition to FASHIONBERRY for online fashion magazines (TTABlog)


US Trade Marks & Domain Names – Lawsuits and strategic steps

RIM – RIM hit with trademark lawsuit over BBX, name of next BlackBerry OS (Ars Technica)

%d bloggers like this: