Online GWiR 6 February 2009 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:

Details emerge of secret ACTA negotiation: privacy, P2P major targets (KEI) (Michael Geist) (Excess Copyright) (Techdirt) (Ars Technica)

New Zealand three strikes law comes into effect after 28 February (Ars Technica) (ZDNet) (Techdirt)



Global – General

Job security and data security (ZDNet)

Global – Copyright

Details emerge of secret ACTA negotiation: privacy, P2P major targets (KEI) (Michael Geist) (Excess Copyright) (Techdirt) (Ars Technica)

EFF: Act on ACTA – tell the new Congress to open up the secret IP pact (EFF)

One in three broadband subscribers is a pirate according to Ovum survey (TorrentFreak)

The Pirate Bay maps out its tracker connections (TorrentFreak)

Sellaband and Slicethepie: financial platforms providing fans with option to invest in new artist or band (IP finance)


Hackers hit anti-pirates to avenge DMCA takedown of Legendas.TV site which offered Portuguese subtitles for television shows and movies (TorrentFreak)


Danish ISPs to fight Pirate Bay block (TorrentFreak)


European Parliament to vote on Medina report showing many similarities to wish lists of RIAA, IFPI and MPAA (TorrentFreak) (Techdirt)


Google ordered to pay €410,000 to two travel agencies over misleading adwords (IPKat) (Out-Law)


Germany rejects three strikes (Techdirt)


Microsoft inks MoU with IIT Law School (Spicy IP)


IFPI/Eircom anti-piracy deal (TorrentFreak) (Out-Law)

Eircom customers wide open to erroneous disconnection (TorrentFreak)


Unlicensed online music store operator in Italy faces jail sentence (IFPI) (Techdirt)


Court denies Interpark website’s liability for sellers’ unfair competition violations (International Law Office)

New Zealand

Three strikes law comes into effect after 28 February (Ars Technica) (ZDNet) (Techdirt)

Telecommunications Carriers Forum Code of Practice aims to quell New Zealand ‘3 strikes’ fears (TorrentFreak) (ContentAgenda)

Anti-piracy tactic to annoy ‘a bit’ – Microsoft initiative to flush out counterfeit software (ContentAgenda)


Norway drops complaint against Apple now that Apple is dropping DRM on iTunes (Media Wonk)

United Kingdom

EWHC: Software licence interpretation: Data Direct Technologies Ltd v Marks & Spencer plc (IPKat)

‘Digital Britain’: Digital content and the role of copyright (Laurence Kaye on Digital Media Law)


United States

US General – Decisions

Minnesota appeals court denies Nicholas Swendra’s bid for CMI’s breathalyzer source code (Ars Technica)

Probable cause existed to arrest employee for criminal data tampering: Deng v. Sears, Roebuck & Co (Internet Cases)

US Patents – Decisions

District Court N D California orders stay in patent infringement case filed by Rambus against Micron, Samsung and Nanya (IP Watchdog) (Law360)

District Court N D California: Judge denies Hynix bid to revisit Rambus ruling (Law360)

US Patents – Lawsuits and strategic steps

Cisco Systems – Teles accuses Cisco of infringing newly issued patent relating to transmission of telecommunications data online (Law360) – Federal judge rejects’s bid to add another defendant to suit accusing and others of infringing patent covering thumbnail images in web searches (Law360)

IBM – Acceleron drops IBM from complaint accusing numerous computer makers of infringing a patent covering computer blade server technology (Law360)

IntusIQ – IntusIQ sues Reliant Energy, Trilliant Networks and other over patents related to wireless communication (Law360)

Microsoft – Federal judge rejects Microsoft’s bid to dismiss patent suit brought by Paltalk Holdings over Microsoft’s Xbox live online gaming service (Law360) (Patent Prospector)

Microsoft – Microsoft alleges ex-employee Miki Mullor stole documents from it in order to file patent suit against Dell, HP and Toshiba over anti-piracy technology (Ars Technica) (Techdirt)

Microsoft – Microsoft, MAZ Technologies settle file encryption patent suit (Law360)

Quantum World Corp – Quantum, Winbond settle number generator patent infringement suit (Law360)

Viacom – Viacom files counterclaim accusing Music Choice of infringing Viacom patent related to management of music and other content delivery over the internet (Law360)

US Copyright

Thousands sign petition to Copyright Office demanding cell phone freedom (EFF)

BitTorrent researcher: copyright will be obsolete by 2010 (NewTeeVee) (Techdirt)

Google Book Search settlement: two articles to read (EFF)

Some middle ground: how Cox can trust its customers, control congestion and preserve net neutrality (Public Knowledge)

EFF seeking to help remix artist on YouTube (Rebecca Tushnet’s 43(B)log) (Public Knowledge)

New radio ‘pay to play’ bills pit RIAA against broadcasters (Ars Technica)

US Copyright – Decisions

District Court Arizona: More bad law in World of Warcraft  Glider case: MDY v Blizzard (EFF) (Techdirt)

US Copyright – Lawsuits and strategic steps

Comcast – Comcast labels innocent customer a movie pirate (TorrentFreak) (Techdirt)

Epic Studios – Gears of War unplayable due to DRM (TorrentFreak) (Techdirt)

Financial Times – FT sues Blackstone over multiple use of individual’s login (Out-Law)

RIAA – Sony BMG lawyer, Jennifer Pariser, takes over as RIAA litigation chief (Ars Technica) (Techdirt)

RIAA – Tenenbaum asks First Circuit of Appeals to allow online video of trial; EFF, Associated Press, New York Times file amicus briefs in support of online live streaming of Tenebaum case (Ars Technica) (Ars Technica) (Ars Technica)

TorrentSpy – TorrentSpy to appeal in MPAA court case concerning user-privacy rights (TorrentFreak)

Union Square Partnership – Savitri Durkee’s parody website back online after settlement of bogus IP claims (EFF)

YouTube – YouTube’s January fair use massacre – Teenagers singing ‘Winter Wonderland’ taken off YouTube – ContentID system, spat with Warner Music (EFF) (Techdirt)

US Trade Marks – Lawsuits and strategic steps – Online retailer’s link to house brand manufacturer’s product page might infringe: BabyAge v Leachco (Technology & Marketing Law Blog)

Google – Class action certification denied in Google trade mark/cyberquatting dispute with Vulcan Golf (IP Law Blog)

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