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Online Global Week in Review 5 June 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:

Supreme Court grants certiorari for Bilski (Peter Zura’s 271 Patent Blog) (Patently-O) (The Prior Art) (IP Watchdog) (Inventive Step) (Chicago Intellectual Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) (IAM) (Intellectual Property Watch) (Technology Transfer Tactics) (The IP Factor) (Patent Baristas) (ISinIP) (Managing Intellectual Property)

Solicitor General’s brief in Cablevision case – let remote DVR decision stand (John Palfrey) (1709 Copyright Blog) (Techdirt) (Public Knowledge) (Public Knowledge) (Ars Technica)

Global – General

EFF launches TOSBack – a ‘terms of service’ tracker for Facebook, Google, eBay and more (EFF)

Global – Copyright

Copyright collides with consumer rights and human rights (IP Think Tank)

Cambridge study on DRM and freedom of expression (Michael Geist)

Why DRM on eBooks will fail (EFF)

New business models + effective copyright enforcement = 21st century copyright: ‘green shoots’ of both elements (Laurence Kaye on Digital Media Law)

Deja vu: Broadcast Treaty to remain on SCCR agenda (Public Knowledge)

Spotify mobile app – will it spread from Android to Apple? (IP finance)

Global – Trade Marks

ICANN body releases final report on new gTLDs (Managing Intellectual Property)

Procedural ambivalence in jurisprudence of WIPO’s panels regarding domain name disputes: Google v Herit Shah (Class 46)

Will Facebook give away vanity URLs in a landrush? (The Trademark Blog)


Intellectual Property Awareness Foundation targets Australia’s children (TorrentFreak)

Nielsen hugely underestimates BitTorrent traffic, according to MiniNova stats (TorrentFreak)


Supreme Court rules domain name containing another’s trade mark does not infringe on the trademark owner’s rights as such (Domain Name / Nom de Domaine!) (International Law Office)  


Government intranet packed full of warez (TorrentFreak)


2009 Canadian copyright lobby scorecard (Michael Geist)

Court finds search for movie piracy equipment was invasion of privacy (TorrentFreak)

BSA admits Canadian piracy numbers ‘estimates’ (Ars Technica)

Amazon’s one-click patent application gets Bilski’d (IP Osgoode)

Stationnement de Montreal brings common law trade mark claims against over free iPhone app BixiMobile and supporting webpage (Canadian Trademark Blog) (


Quantum of damages for cybersquatting: a note on Danish practice (IP finance)


EU competition regulator demands Microsoft’s Windows package carry a ranger of browser options (IAM)

Roundtable edges towards a new order for copyright licensing in Europe? (1709 Copyright Blog) (Out-Law)

EU may flex regulatory muscle against Google Books deal (Ars Technica) (1709 Copyright Blog)

2009 Directive on legal protection of computer programs in force (Out-Law)

European Greens want to legalise file-sharing (TorrentFreak)


Federal Minister of Justice against Google Book Search (Lenz Blog)


Mininova and BREIN clash in court to determine whether the BitTorrent indexer has to actively filter torrents from the site (TorrentFreak)


Russian police make arrests in first ever BitTorrent raid (TorrentFreak)


Supreme Court declares registration of .es domain name cannot be cancelled on grounds of unfair competition, only trade mark infringement (Class 46)

Anti-piracy group raids P2P admin’s house without warrant (TorrentFreak)

Criminal Court of Pamplona dismisses case involving download of 3322 copyright movies because no financial gain (TorrentFreak)

Leader of the opposition threatens court action if government adopts ‘3 strikes’ law (TorrentFreak)


Pirate Bay and dual use disruption (IPKat)

Artists abused in Pirate Bay trial strike back (TorrentFreak)

Pirate Bay indeed handpicked (TorrentFreak)


Swiss court rules war on piracy more important than right to privacy (TorrentFreak)

United Kingdom

CE of Pact says government locking away up to £300m worth of IP from digital content created by agencies and productions companies for government, NGOs and other public bodies (1709 Copyright Blog)

Movie industry wants internet connection speed reduced for pirates (TorrentFreak)

YouTube holds out on UK access to premium music video after PRS for Music drops music streaming fees (Ars Technica) (Out-Law)

Britons confused by legality of downloads, says University College of London report (Out-Law)

ACS:Law anti-piracy lawyers are copyright infringers (TorrentFreak)

eBay has ‘no legal duty’ to protect others’ trade marks, says High Court; questions to be referred to ECJ (Out-Law) (Managing Intellectual Property)

BSA asks 1000 companies in London to audit their software (Out-Law)

Mark & Spencer case leads to ECJ referral over AdWords (Managing Intellectual Property) (Out-Law)

UK government pledges to tackle illegal downloading (Managing Intellectual Property)

United States
US General

Series on ALI software contract principles: changes default rule from implied warranty to implied indemnification against infringement (Silicon Valley IP Licensing Law Blog)

American Law Institute approves proposed final draft of Principles of the Law of Software Contracts (Silicon Valley IP Licensing Law Blog)

DoJ looks into agreements not to poach others’ employees (Ars Technica)

Yahoo files lawsuit against National Football League demanding access to player stats without having to pay licensing fees (Ars Technica) (The Trademark Blog)

False innovation and the pursuit of sustainability (IP Osgoode)

US Patents – Decisions

Supreme Court grants certiorari for Bilski (Peter Zura’s 271 Patent Blog) (Patently-O) (The Prior Art) (IP Watchdog) (Inventive Step) (Chicago Intellectual Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) (IAM) (Intellectual Property Watch) (Technology Transfer Tactics) (The IP Factor) (Patent Baristas) (ISinIP) (Managing Intellectual Property)

US Patents – Lawsuits and strategic steps

FotoMedia Technologies – FotoMedia sues more than 60 companies between 2007 and 2008 over alleged infringement of patents relating to online photo sharing and organising (The Prior Art)

Microsoft – Microsoft patents the crippling of operating systems (Slashdot)

Microsoft – MS v Linux: Sparks of the Tom Tom fire stubbornly refuse to die (Spicy IP)

US Copyright

When fair use is fairly difficult (EFF

Taking copyright education seriously (EFF)

Vuze commissioned study finds BitTorrent users spend more money on movies than general internet population (Ars Technica)

US Copyright – Decisions

Solicitor General’s brief in Cablevision case – let remote DVR decision stand (John Palfrey) (1709 Copyright Blog) (Techdirt) (Public Knowledge) (Public Knowledge) (Ars Technica)

US Copyright – Lawsuits and strategic steps

Apple – Apple rejects EFF Updates app, claims parody content is objectionable (EFF)

Associated Press – AP closer to deploying ‘anti-misappropriation’ technology (Ars Technica) (Silicon Valley IP Licensing Law Blog)

Facebook – Acts that violate Facebook terms of use may be copyright infringement: Facebook v Power Ventures (IP Spotlight)

Microsoft – Microsoft’s new search engine, Bing – copyright implications (1709 Copyright Blog)

News Corp – News Corp and Financial Times plan to introduce micro-payments for individual articles – is the long tail no more? (IP finance)

RIAA – Nesson seeks Supreme Court certiorari concerning rejection of bid to webcast proceedings in Joel Tenenbaum case (Excess Copyright)

RIAA – Op Ed by RIAA General Counsel – Nesson more like P T Barnum than David (Ars Technica)

RIAA – Jammie Thomas attorney requests all MediaSentry evidence barred in retrial (Ars Technica) (Ars Technica)

RIAA –, CBS respond to rumours of data shared with RIAA or music label (Ars Technica)

US Trade Marks – Decisions

District Court N D Texas finds domainer Texas International Property Associates liable for cybersquatting: Texas International Property Associates v Hoerbiger Holding AG (Las Vegas Trademark Attorney)

District Court C D California: Contributory cybersquatting and the impending demise of domain name proxy services?: Solid Host v NameCheap (Technology & Marketing Law Blog)

US Trade Marks – Lawsuits and strategic steps

Agassi, Andre and Graf, Steffi – Andre Agassi and Steffi Graf go after .com, .net and .info domain name registrations containing their names (Las Vegas Trademark Attorney)

Cartier – Cartier files (and later withdraws) trademark lawsuit against Apple over ‘fake watch’ iPhone app (Las Vegas Trademark Attorney) (The Trademark Blog)

Facebook – Think computer agrees to drop cancellation petitions against FACEBOOK (Las Vegas Trademark Attorney)

Gameloft – Software maker, Gameloft, files declaratory judgment action against The Naked Cowboy (Las Vegas Trademark Attorney)

Google – Connecticut law firm Stratton Faxon sues Google over Adwords (Technology & Marketing Law Blog) – seeks declaratory relief against Heckler & Koch and the trademark enforcement efforts of Continental Enterprises (Las Vegas Trademark Attorney)

Intel – Psion agrees to surrender NETBOOK registered trademark (Las Vegas Trademark Attorney) (Canadian Trademark Blog)



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