This Week in Intellectual Property

SIIA Reviews New Domain Applications, Looks Out for IP
Now that ICANN has announced the 1,930 applications for new top level domains, SIIA will review the applications to see if any violate intellectual property rights.

Google Says US Government Takedown Requests Have Doubled in Last Six Months (GigaOM)
In the latest update to the Transparency Report, Google released data showing that US government requests to remove search results, YouTube videos and other content has increased by 103 percent in the last half year.

Internet Companies Unite to Crack Down on Malicious Ads (National Journal)
Google, Twitter, Facebook, and AOL joined the Interactive Advertizing Bureau to create the Ads Integrity Alliance to coordinate efforts and share information to crack down on ads that promote counterfeit goods or include malware.

Google Moves to Snuff Sites that Rip Music from YouTube Videos (paidContent)
Google is threatening legal action against YouTube-MP3.org, a site that lets users strip audio from YouTube videos and play them as stand-alone clips.

Microsoft Wants to Make it Harder to Pirate its Software (Puget Sound Business Journal)
Microsoft was recently awarded a patent for a proof-of-purchase system that would make it more difficult for people to obtain forged identification codes used to register software without paying for it.

Proposed Japanese Law Could Throw Downloaders in Jail (Wired)
Unauthorized downloads of copyrighted material and creating copies of a DVD or Blu-ray disc could soon carry criminal penalties in Japan if proposed amendments to the nation’s copyright code become law.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.

This Week in IP Enforcement

ICANN Reveals List Of Domain Name Applicants (The Washington Post)
ICANN released its list detailing who has applied for new Web suffixes. The applicants were heavily concentrated in North America and Europe, and include such companies as Apple, Amazon, and Google, as well as Macy’s, Walmart, and Tiffany.

Anti-Piracy Patent Stops Students From Sharing Textbooks (TorrentFreak)
A new patent awarded this week to an economics professor aims to stop students from sharing textbooks, both off and online. Under his proposal, students would only be able to participate in courses if they buy an online access code which would allow them to use the course book.

MPAA “Sympathetic” To Users Who Uploaded Legal Files (The Verge)
An Eastern Virginia District Court is currently deciding if users should be granted access to their legal Megaupload data. The MPAA says if the court allows access for users to retrieve their files, the mechanism for doing so must include safeguards that ensure no illegally uploaded material is released.

Pinterest Hires Former Top Google Lawyer To Head Of Legal (Los Angeles Times)
Pinterest has hired Google’s former deputy general counsel, Michael Yang, to be its head of legal, likely because of looming threats regarding copyrighted images pinned on the website.

Google Ends Legal Dispute With French Authors Over Book Scans (Bloomberg)
Google reached an agreement with a French publishing trade group and a French authors’ association that ends a dispute dating back to 2006 over the publishing of snippets of books on the Internet.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.

This Week in IP Enforcement

NY Judge Grants Class Certification For Authors In Fight Against Google (The Washington Post)
A federal judge in New York has granted class certification to authors challenging Google over its plans for the world’s largest digital library. Judge Denny Chin ruled in a written decision that class action is “more efficient and effective than requiring thousands of authors to sue individually.”

Judge Says 37 Oracle APIs Are Not Copyrightable (CNET)
In a ruling in the Oracle vs. Google case, a district court judge says the 37 Java APIs at question are not copyrightable. Oracle plans to appeal the ruling.

Tides Turn For Kim Dotcom? (The Wall Street Journal)
Kim Dotcom, who once seemed like an underdog in the U.S.’s largest-ever criminal copyright case, has notched several legal wins, including being granted access to authorities’ evidence against him.

Google Execs: We’re Doing Everything We Can To Stop Piracy (VentureBeat)
In response to Hollywood agent Ari Emanuel’s claim that Google is failing to police content theft, Google executive Susan Wojcicki said Google is doing everything it can to combat content piracy, and Hollywood needs to step up and help.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.

This Week in IP Enforcement

Google Takes Down 1.2 Million Search Links a Month Over Piracy, Copyright Issues (GigaOM)
Google released a new Transparency Report revealing that in response to requests from Microsoft, movie studios and other content owners, it takes down 250,000 search links each week over copyright concerns, a figure that exceeds the total number it removed in all of 2009.

Software Piracy In China Dipped In 2011 (United Press International)
New findings based on data from China’s State Intellectual Property Office show there was a significant drop in software piracy in China last year, continuing a downward trend seen over the last seven years.

Ultramercial, Apple, Google, Kodak: Intellectual Property (Bloomberg)
Intellectual Property update – patent news regarding Ultramercial and Kodak, and trademark news regarding Apple and Google.

Chamber Study Finds Intellectual Property Industries Produce $5 Trillion (The Hill)
The U.S. Chamber of Commerce released a study that found that industries dependent upon intellectual property rights account for more than $5 trillion of the country’s GDP, 55.7 million jobs, and 74 percent of total U.S. exports.

YouTube Waves Victory Flag In French Copyright Case (PCMag)
A French court rejected claims from French channel TF1 that YouTube violated its copyrights when several of the station’s programs were uploaded to the video-sharing site. The court dismissed those claims and ordered TF1 to pay YouTube 80,000 euros in restitution.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.

Supreme Court Tells Federal Circuit to Go Heavy on the Mayo

Last week, the U.S. Supreme Court vacated the Court of Appeals for the Federal Circuit (CAFC) decision in WildTangent, Inc. v. Ultramercial, LLC which upheld the patentability of Ultramercial’s business method patent covering media distribution methods that allow users to view online content by viewing online ads instead of paying for the content. In doing so, the Court remanded the case back to the CAFC for further consideration regarding whether the business method at issue was an unpatentable abstract idea in light of the Court’s recent decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., in which the Court unanimously held that a diagnostic blood testing method was an unpatentable “law of nature.”

Because the Ultramercial business method clearly is not an unpatentable law of nature and the Supreme Court order contains no explanation as to why it would like the CAFC to reconsider its Ultramercial decision in light of Mayo, it certainly appears that the Court intends the Mayo decision to have a much greater reach –thus potentially raising the bar to patentability under the “subject matter” requirement of section 101 for all business method patents and possibly future software patents as well.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.

This Week in IP Enforcement

Outlook for TPP Deal in 2012 Uncertain as Dallas Discussions Conclude
This round of discussions for the Trans-Pacific Partnership (TPP) agreement concluded in Dallas on May 16 with indications that a deal might not be possible this year. The sticking points include two of SIIAs priorities for the negotiation–strong copyright protections and a proposal to ensure the free flow of electronic information across borders. On May 17, the House Foreign Affairs Committee held an oversight hearing on the TPP progress where business representatives confirmed the difficulties in moving ahead with the U.S. proposal on IP protection. Negotiators meet informally in June on the margins of a get-together of the Asia Pacific Economic Cooperation (APEC) group in Kazan, Russia. The next formal round of negotiations is scheduled for San Diego July 2-10.

G8 Leaders’ Joint Declaration on Global Economy Highlights Importance of IPR
President Obama and the other members of the G-8 leadership released a joint statement this weekend declaring the pressing need for diligent protection and enforcement of intellectual property rights while committing to preserve and encourage the free exchange of information. The statement reads, “[g]iven the importance of intellectual property rights (IPR) to stimulating job and economic growth, we affirm the significance of high standards for IPR protection and enforcement, including through international legal instruments and mutual assistance agreements, as well as through government procurement processes, private-sector voluntary codes of best practices, and enhanced customs cooperation, while promoting the free flow of information.” The full G-8 Declaration can be found here.

Other IP News

Supreme Court Passes On File-Sharing Case, But Still No End Is In Sight (The New York Times)
The Supreme Court has declined to hear an appeal in one of the record industry’s longest-running cases over unauthorized file-sharing, effectively letting a $675,000 jury verdict stand against former Boston University student Joel Tenenbaum.

U.S. “Six Strikes” Anti-Piracy Scheme Delayed (TorrentFreak)
A plan being implemented by the Center for Copyright Information and major ISPs to stop the rampant problem of file-sharing over BitTorrent will launch later than the expected July start date.

A Kinder, Gentler DRM? (paidContent)
The International Digital Publishing Forum (IDPF), the organization that oversees the EPUB e-book format, hopes to create an industry standard for “lightweight content protection” and is taking the first steps by launching a discovery process.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.

This Week in IP Enforcement

ICANN Targets May 22 To Reopen Web Address Application System (The Hill)
The Internet Corporation for Assigned Names and Numbers (ICANN) said it expects to reopen its application system on May 22 after a glitch forced the organization to temporarily stop accepting applications for new Web domain endings.

Court: Schools Can Publish Small Excerpts Of Texts Online For Students (eCampus News)
U.S. District Judge Orinda Evans sided with Georgia State University on a range of copyright infringement claims filed by Oxford University Press, SAGE Publications and Cambridge University Press, in a ruling that administrators said could set an important precedent regarding the “fair use doctrine” and how educational material is used by schools.

Member Of Internet Piracy Group ‘IMAGINE’ Pleads Guilty To Copyright Infringement Conspiracy (US ICE)
A California man pleaded guilty to conspiring to willfully reproduce and distribute tens of thousands of infringing copies of copyrighted works without permission, and faces up to five years in prison, a fine of $250,000 and three years of supervised release.

Backed By Microsoft, Russian Anti-Piracy Firm Pirate Pay Eyes International Expansion (VentureBeat)
Anti-piracy firm Pirate Pay, which aims to tackle Bittorrent piracy by confusing clients and preventing users from connecting to each other, is planning to expand its foreign operations and spearhead the ongoing fight against online piracy.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.