Online Global Week in Review 5 February 2010 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:

Federal Court finds iiNet not liable for peer to peer file sharing; Judge explains why 3 strikes isn’t reasonable (TorrentFreak) (Michael Geist) (Ars Technica) (Public Knowledge) (Excess Copyright) (Excess Copyright) (Managing IP) (IP Whiteboard) (1709 Copyright Blog) ( (1709 Copyright Blog)

Apple and Fujitsu in iPad trade mark dispute (IPKat) (Class 46) (IPKat)

Global – General

What really happened at the ACTA talks in Mexico? (Michael Geist)

Global – Copyright

Three strikes, exile, and Judge Dredd (Public Knowledge)

Jon Newton shuts down P2PNet (Excess Copyright)

Keith Urban gets all confused about support for downloading (TorrentFreak)

Avatar DVD screener leaks to BitTorrent (TorrentFreak)

Techno diva loves BitTorrent, hates Spotify (TorrentFreak)

Global – Trade Marks & Domain Names

The mother of UDRP complaints? – Inter-Continental Hotels Corporation, Six Continents Hotels, Inc. v. Daniel Kirchhof (Class 46) (IPKat)

Worst UDRP decision of 2009? (Class 46)

ICANN head sounds policy alarm on rapidly shrinking internet space (IP Watch)

Global – Patents

Software industry leaders join RPX defensive patent aggregation service (Technology Transfer Tactics)


Federal Court finds iiNet not liable for peer to peer file sharing; Judge explains why 3 strikes isn’t reasonable (TorrentFreak) (Michael Geist) (Ars Technica) (Public Knowledge) (Excess Copyright) (Excess Copyright) (Managing IP) (IP Whiteboard) (1709 Copyright Blog) ( (1709 Copyright Blog)


Brazil’s 3.0 to go live at Campus Party (Creative Commons)


Doctorow on new copyright rules of the road – how to tweak copyright laws to make more sense in the digital world (Michael Geist)

Robertson v. Thomson – Claims filing date extended until March 30, 2010 (Excess Copyright)

CIRA CEO on ACTA, 3 strikes and danger of ‘unintended negative consequences’ (Michael Geist)

Garneau on a Canadian digital strategy (Michael Geist) and iCopyright (Michael Geist)

National Arbitration Forum: 207 Media prevails against Google in dispute over domain (


The continuing war on Google – SIPO spokesman comments on China Writers’ Association with Google’s online book project (China Hearsay)

Google v China: the view from the Middle Kingdom (Ars Technica)

China, US vie for mantle of world’s biggest hacking victim (Ars Technica)

Say my name say my name… no domain name for individuals in China (IP Dragon)

iPad design dispute and the unintended consequences of an innovation society – Shenzhen Great Long Brother Industrial Company considers lawsuit against Apple over resemblance to P88 (China Hearsay) (IP Dragon)

Scny Eriosscn: Counterfeiters use Gestalt psychology (IP Dragon)

Chinese acceptance of and resistance against global copyright law – discussion of paper ‘Internet Piracy Software in China: A User Analysis of Resistance to Global Software Copyright Enforcement’ (IP Dragon)

Liability tug of war: Baidu (1709 Copyright Blog)

Danish piracy board starts its work (Innovation Partners)

Egyptian licence draft open for discussion (Creative Commons)


More voices from Europe raising concerns about ACTA (Michael Geist)

Graphic user interfaces reference to the ECJ – some background: ezpečnostní softwarová asociace (Security software association) v Ministerstvo kultury ČR (Ministry of Culture of the Czech Republic) (1709 Copyright Blog)

ECJ to hear questions on ISP liability in dispute between Sabam and ISP Scarlet (Managing IP)


Delhi High Court grants ex parte injunction to Just Dial against TV 8 in case concerning alleged data theft (Spicy IP)


Italy preparing to hold YouTube, others liable for upload (Ars Technica) (1709 Copyright Blog)

Telecom Italia ISP set for court hearing to fend off Federazione Anti-Pirateria Audiovisiva’s anti-piracy demands (TorrentFreak)


AdWords – the Spanish point of view (IPKat)


Police arrest several in file-sharing swoop (Torrentfreak)

United Kingdom

UK Digital Economy Bill dealt blow as Minister resigns (Michael Geist)

‘The answer to the machine, is the machine’ – or in the Digital Economy Bill (Laurence Kaye on Digital Media Law)

Towards a kinder, gentler ‘three strikes’ for file-sharers (Ars Technica)

Newzbin: Usenet Indexer prepares for MPAA High Court battle: Day One (TorrentFreak) (TorrentFreak)

Snow copyright infringement? Flickr user objects to Independent newspaper’s unauthorised use of his photo (1709 Copyright Blog) (IP Whiteboard)

Copyright woes of a game designer: Burrows v Smith (IP Osgoode)

Neutralize UK file-sharing legal threats – Join TalkTalk (TorrentFreak)

EWHC: No infringement; invalidity for lack of inventive step: Research in Motion Limited v Motorola (EPLAW) (IPKat)

United States
US Patents

Claiming under the influence (of Bilski) (12:01 Tuesday)

USPTO issues guidance on patentability of computer readable media (IP Spotlight)

US Patents – Lawsuits and strategic steps

Apple – Clash of the smartphone titans: Nokia v Apple (IP Osgoode)

US Copyright

Could P2P blocking be legalized by new net neutrality rules? (Ars Technica) (TorrentFreak)

Mashup as new music (Copyfight)

The topsy turvey world of US damages – Tenenbaum and Thomas-Rasset cases(1709 Copyright Blog)

US Copyright – Lawsuits and strategic steps

Amazon – Books disappear, reappear at Amazon as old media battles new retail (Ars Technica) (Copyfight)

Google – Public Knowledge, others files brief opposing amended Google Books settlement (Public Knowledge) (Ars Technica) (IPKat)

Perez-Vargus, Jesus – Local family charged with selling counterfeit CDs and DVDs (Trademark Lawyer)

RIAA – Thomas-Rasset vows to pay nothing, so third trial inevitable (Ars Technica)

US Trademarks & Domain Names

Article spotlights partnership and conflict over .VEGAS top-level-domain (Las Vegas Trademark Attorney)

Terri Chen replaces Rose Hagan as Google’s chief trademark counsel (Technology & Marketing Law Blog)

US Trade Marks & Domain Names – Lawsuits and strategic steps

Apple – Apple and Fujitsu in iPad trade mark dispute (IPKat) (Class 46) (IPKat)



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