Intellectual Property Law

Global minilinks for 2008-03-29The Electronic Frontier Foundation | Deeplinks Blogs

Posted on March 30, 2008
Israel Adopts Fair UseIn their reform of national copyright law, Israel opts for an open-ended and court-defined idea of fair use, similar to the United States. India Wants Blackberry CryptoOn the eve of renewing RIM's license in the country, India wants the keys to the mobile device's encryption system...

Blawg Book Highlighter #26: Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at RiskBlawg's Blog by Bill Gratsch

Posted on March 29, 2008
Blawg Book Highlighter #26: Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk The Patent and Copyright Clause of the US Constitution was proposed in 1787 by James Madison and Charles Cotesworth Pinckney. In Federalist #43, Madison wrote, ?The utility of the clause will scarcely be questioned...

Fordham IP: Copyright Exceptions and Limitations43(B)log

Posted on March 29, 2008
A. Copyright Law Exceptions and Limitations The development agenda issues, library proposals, fair use, de minimus use, the role of the three-step test, new legislative developments Moderator: Prof. Justin Hughes, Benjamin N. Cardozo School of Some argue that in a heightened-enforcement environment, it is more important?people have a right?to know what uses of copyrighted materials are allowed...

Fordham IP: Free speech and P2P issues43(B)log

Posted on March 29, 2008
Free Speech and Copyright and Trademark Issues in the US and around the World Moderator: Prof. Sonia Katyal, Fordham University School of Law Speakers: Prof. Robert Burrell, University of Queensland, Brisbane Exporting Controversy: Free Speech and Trade Agreements It has recently been suggested that freedom of expression should be treated as a trade issue, in part so as to ensure that future trade agreements are more ?balanced?...

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minilinks for 2008-03-28The Electronic Frontier Foundation | Deeplinks Blogs

Posted on March 28, 2008
NY Times Wiretapping Coverage -- The Inside StoryAn excerpt from NY Times author Eric Lichtblau's new book on warrantless wiretapping. Fee for All -- Music as Service from ISPsWarner is developing proposals that would make access to music a service charged by ISPs...

Fordham IP Law & Policy Conference: copyright in the morning43(B)log

Posted on March 28, 2008
Fordham Intellectual Property Law Institute, Sixteenth Annual Conference, Intellectual Property Law & Policy Orphan Works legislation in the U.S. and around the WorldModerator: Steven J. Metalitz, Mitchell Silberberg & Knupp, Wash. D.C. Speakers: Prof...

Fordham IP Law & Policy Conference: copyright part 243(B)log

Posted on March 28, 2008
11:20 ? 1:15 The Challenges and Opportunities of Copyright in the Web 2.0 World Moderator: Morton David Goldberg, Cowan, Liebowitz & Latman, P.C. Speakers: Marty Hansen, Covington & Burling, Wash. D.C. Web 2.0: A Brief Overview of Issues and Challenges User-generated content: That doesn?t really capture the uniqueness and challenges from a copyright perspective: ?user-manipulated content? is better...

Music Tax Details From Source: ?Pay Us Not To Sue You?TechCrunch

Posted on March 28, 2008
We learned yesterday that Warner Music, the third largest music label, is gunning for a $5/month music tax on U.S. residents. Some of the details were in the article: they?ve hired industry veteran Jim Griffin to create a new entity around the project, presumably to get other labels involved...

Under 18? Get Off My Google!G4 TV - TheFeed

Posted on March 28, 2008
A clause in Google's Terms of Service actually means that no one under 18 is allowed to use Google or any of its services (search, GMail, YouTube). "You may not use ... Google's products, software, services and web sites ... and may not accept the Terms if ...

IP Think Tank Global Week in Review - 28 March 2008Duncan Bucknell's site updates

Posted on March 28, 2008
Here is IP Think Tank?s weekly selection of top 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 me know if you think we?ve missed something important, or if there is a source you think should be monitored...

Attorneys? Fees and Objectively Reasonable ClaimsThe Patry Copyright Blog

Posted on March 27, 2008
Can attorneys? fees be awarded to a prevailing defendant under Section 505 of the Copyright Act if the court finds plaintiff?s unsuccessful claim was nevertheless objectively reasonable? The Sixth Circuit said yes this week in the latest Bridgeport Music saga, Bridgeport Music, Inc...

JuicyCampus on ?Absurd? AG Probes: We Don?t Have to Enforce Our RulesABA Journal Daily News

Posted on March 27, 2008
An anonymous campus gossip website that is now the subject of at least two state attorney general investigations has responded to claims that it may have violated its own terms and conditions by providing a bulletin board for allegedly malicious, defamatory and potentially harmful posts...

Patently-O Bits and Bytes No. 25Patent Law Blog (Patently-O)

Posted on March 27, 2008
Japanese Patents: Fordham?s new IPLJ blog wrestles with my question: ?Why are relatively few non-Japanese applications filed in Japan?? [IPLJ][Patently-O] On the Radio: Legal Talk Network on Patent Troll Tracker: Ray Niro and I were guests on the internet radio show lawyer-to-lawyer...

She Lit a Candle and Showed Me the WayPatent Prospector

Posted on March 27, 2008
Patent examiners act as gatekeepers between inventors and the pearly entrance to patent glory. With the patent office hell-bent on rejection, achieving salvation can come down to knowing thy gatekeeper. Enter USPTO Examiners, a spanking new website, offering deliverance while boasting "We Examine the Examiners...

Google Image Labeler ? Community Intellectual Property Cops?The Invent Blog®

Posted on March 26, 2008
Google has a new ?product? in beta. Called the ?Google Image Labeler,? it is ?a feature of Google Search that allows you to label images and help improve the quality of Google?s image search results.? You are partnered with another person and are shown a series of images over a two-minute period...

40% of Section 337 Actions Go to TrialI/P Updates

Posted on March 26, 2008
According to Tom Jarvis in webinar entitled "IP Litigation at the ITC: Recent Developments and Best Practices," about 40% of ITC cases go to trial while only about 3% of district court cases go to trial. However, settlements often occur after trial and frequently involve monetary payments.

Blizzard Sues Over WOW-BotG4 TV - TheFeed

Posted on March 26, 2008
Blizzard, creators of World of Warcraft, are suing the maker of "MMO Glider," a  WoW add-on that "plays your World of Warcraft character for you, the way you want it. It grinds, it loots, it skins, it heals, it even farms soul shards....

Film Maker and PK Submit Testimony on Orphan WorksPublic Knowledge - Blogging, Events, and Action Alerts

Posted on March 26, 2008
PK and a group of film makers told the House Judiciary Committee last week what we would like to see as key elements of orphan works legislation. The testimony was submitted by PK and the following group of independent film maker organizations: Doculink, Film Independent, International Documentary Association, Independent Feature Project, National Alliance for Media Arts and Culture, and Tribeca Film Institute, for the record for the March 13 House Judiciary hearing that Rashmi wrote about here...

Public Knowledge files comments on ACTAPublic Knowledge - Blogging, Events, and Action Alerts

Posted on March 26, 2008
Public Knowledge filed comments regarding the proposed Anti-Counterfeiting Trade Agreement (ACTA) last Friday advising the office of the United States Trade Representative (USTR) that ACTA should not adversely affect the rights of consumers and technology innovators in its efforts to curb counterfeiting and piracy...

RIAA vice president and Ray Beckerman to share dais on Friday, March 28th, at Fordham University Law School, to discuss statutory damagesRecording Industry vs The People

Posted on March 26, 2008
On Friday, March 28, 2008, at the 16th Annual "Intellectual Property Law & Policy" conference, a 2-day conference hosted by Fordham University School of Law in New York City, Kenneth Doroshow, the RIAA's Senior Vice President of Litigation and Legal Affairs, will speak on the subject of copyright statutory damages...

Cybersquatting explosion puts emphasis on trademark owners to demand actionIAM Magazine - Blog

Posted on March 26, 2008
The number of domain name disputes being handled by WIPO under the UDRP is at a record high and the signs are that dramatic annual increases will keep on coming for the foreseeable future. According to a press release issued by WIPO yesterday, its Arbitration and Mediation Centre received over 2,500 complaints about cybersquatting during 2007, up 18% on the 2006 figure and a massive 48% on the figure for 2005...

Turn-It-In and Kiss-It-GoodbyeThe Patry Copyright Blog

Posted on March 25, 2008
On March 26, 2007, I did a posting about high school students who filed suit against a company hired by their school to catch papers were that were copied and not original. On March 11, Judge Claude Hilton of the Eastern District of Virginia issued his decision in the case, A...

Smashing Pumpkins Sue Virgin Over "Artistic Integrity"Pitchfork: News

Posted on March 25, 2008
LOLz Photo by Matt Ziegler Okay so this is just kinda funny. According to a Billboard.com report, Billy Corgan and his Smashing Pumpkins are suing former label Virgin Records-- with which they put out Siamese Dream, Mellon Collie and the Infinite Sadness, Adore, and Machina/The Machines of God-- for damaging their "artistic integrity" and undoing the "considerable amount of goodwill in the eyes of the public" the band has "worked hard for over two decades to accumulate...

Patent Troll Tracker & Cisco's New Blog PolicyPatent Law Blog (Patently-O)

Posted on March 24, 2008
Most major companies are still trying to get their heads wrapped around the flat world concepts that Thomas Friedman presented in his 2005 bestseller. The reputational power of the internet is now driving many corporate balance sheets.  The business issue: ensuring that the reputation is going right way...

The Fair Use Defense in CopyrightMedia Law Prof Blog

Posted on March 24, 2008
Jennifer E. Rothman, Loyola Law School, Los Angeles, has published "Why Custom Cannot Save Copyright's Fair Use Defense," at 93 Virginia Law Review in Brief 243 (2008). Here is the abstract. This article is a short reply to Richard Epstein's...

Fox Rebuffs FCC Indecency FineWSJ.com: Law

Posted on March 24, 2008
Fox Television refused to pay a $91,000 indecency fine over a reality TV episode featuring strippers and whipped cream. Fox said the FCC's ruling was "arbitrary and capricious, inconsistent with precedent, and patently unconstitutional."

phosita ::: quick links for 2008-03-24PHOSITA

Posted on March 24, 2008
WIPO Meeting on Enhancing Value of PCT Searches and Opinions Major patent Offices are looking at ways of sharing search and examination reports in order to reduce the unnecessary duplication of work as far as possible. The PCT was specifically designed to address this issue, and yet it is not being routinely used...

Adwords Ad Creates Initial Interest Confusion--Storus v. AroaTechnology & Marketing Law Blog

Posted on March 24, 2008
By Eric Goldman Storus Corp. v. Aroa Marketing Inc., No. C-06-2454 (N.D. Cal. Feb. 15, 2008). (Sorry for my delay...

Blawg Review #152TechnoLawyer Blog

Posted on March 24, 2008
Blawg Review #152, TechnoLawyer Style Blawg Review is not just a blog, it's a clever social networking concept. Every week, a different blawg hosts Blawg Review, pointing out what it deems the most interesting blawg Posts from the previous week. Sometimes, the hosting blog will develop a theme around Blawg Review...

Justin.tv -- one year old and still full of illegal content [Lifecasters]Valleywag

Posted on March 24, 2008
Lifecasting site Justin.tv has come a long way since banning a broadcaster for one night of indecent exposure -- that is, sexual acts. There may be less porn now, but other illegal content now graces Justin.tv's servers. Right now I'm watching a stream of Fox Sports Net West's broadcast of the San Diego Padres playing the Los Angeles Angels...

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