Intellectual Property Roundup

UK High Court Orders ISPs to Block Trademark-Infringing Sites (Securing Industry)
A landmark ruling has been handed down in the UK that establishes the right of trademark owners to secure court orders blocking websites that sell counterfeit products.

German Publishers Capitulate and Let Google Post News Snippets (PC World)
German publishers said they are bowing to Google’s market power, and will allow the search engine to show news snippets in search results free of charge, at least for the time being.

Embedding is Not Copyright Infringement, EU Court Rules (Torrent Freak)
The Court of Justice of the European Union handed down a landmark verdict, ruling that embedding copyrighted videos is not copyright infringement, even if the source video was uploaded without permission.

News Data SHows More Signs that Patent Troll Suits are in Decline (Ars Technica)
A new report published by Unified Patents notes a drop-off in recent patent lawsuits, the second recent indication that there may be a decline in suits following this summer’s US Supreme Court decisions.

Apple Defeats GPNE’s $94M Patent-Infringement Claim (CNET)
Apple last week defeated GPNE in a patent-infringement trial, with a jury determining the electronic giant’s devices didn’t infringe mobile technology owned by the nonpracticing entity.

Judge Refuses to Block Aereo’s DVR Functions (GigaOM)
A federal judge in New York slapped Aereo with an expected injunction, but also hinted how the service might survive in the future, a ruling that could open the door to Aereo operating as a cloud-DVR service.

Google Algorithm Change Hits Streaming, Torrent Sites Hard (Ars Technica)
Video streaming and torrent sites have dropped precipitously in Google rankings after the company altered its algorithm.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA. Follow Keith on Twitter at @keithkup and sign up for the Intellectual Property Roundup weekly newsletter here.

Intellectual Property Roundup

Publishers File Appeal in Lawsuit Against Used eBook Website (The Digital Reader)
The legal woes of the used ebook site Tom Kabinet continued as publishers filed an appeal of the July injunction which declared the site legal.

Publishers Win Reversal of Court Ruling That Favored ‘E-Reserves’ at Georgia State U. (The Chronicle of Higher Education)
The 11th Circuit Court of Appeals issued its long-awaited ruling in the Georgia State e-reserve case, in which the court reversed a lower court’s fair use finding and remanded the case with instructions for further consideration.

Google Imposes New Penalty on Pirate Sites in Search Results (GigaOM)
Google is taking new measures to punish sites that host pirated content by pushing them further down its search listings.

Former Google Lawyer Lee Nominated to Run Patent Office (Bloomberg Businessweek)
Former Google lawyer Michelle Lee is being nominated to run the U.S. Patent and Trademark, after having left Google in 2012 to run the patent office’s Silicon Valley outpost and being elevated to deputy director of the full agency in January.

Getty Fails to Get Injunction on Microsoft Image Widget (Reuters)
Getty Images failed to convince a federal judge to halt Microsoft Corp’s Bing Image Widget, which it said enabled massive copyright infringement, because the software company had already taken it down voluntarily.

What Happens to Tech Policy if Republicans Take the Senate? (The Washington Post)
A look at how a change in power in the Senate could shake up the tech policy landscape.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA. Follow Keith on Twitter at @keithkup and sign up for the Intellectual Property Roundup weekly newsletter here.

Intellectual Property Roundup

Google Asks Supreme Court to Decide Oracle Copyright Fight (Reuters)
Google has asked the U.S. Supreme Court to wade into contentious litigation against Oracle Corp, arguing that the high court must act to protect innovation in high tech.

Anti-Piracy Group Plans to Block in Excess of 100 Sites (Torrent Freak)
An anti-piracy outfit ‘blockaded’ by the Pirate Party last week in Austria has revealed its expanded plans for website blocking. The Hollywood-affiliated group says it will strive for blocks of hundreds of sites while applying to the court for more effective blocking technical solutions.

YouTube’s Ads on Unauthorized Content Pay Off (Financial Times)
YouTube has hit $1 billion in payments to companies through Content ID, a program that scans user-generated content for copyright infringement and sells advertising on those clips as a way to monetize unauthorized use of the copyrighted material.

Patent Trolling Pays (GigaOM)
Since 2010, non-practicing entities (or patent trolls), have made three times as much money in court as real companies, according to recently published statistics.

Obama Urges Patent Reform (The Hill)
Obama stated that patent “trolls” are one of the “biggest problems” the administration is targeting, indicating the White House is still interested in moving forward with patent reform.

Sen. Cornyn: We Need to Limit the Business of ‘Frivolous’ Patent Litigation(VentureBeat)
Sen. John Cornyn says introducing new patent reform legislation is high on his agenda when a new body of Congress convenes in 2015.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA. Follow Keith on Twitter at @keithkup and sign up for the Intellectual Property Roundup weekly newsletter here.

Intellectual Property Roundup

Google Removes News Snippets From German Search Results (Computerworld)
In a move to minimize legal risks, Google has stopped showing news snippets and thumbnails for some well-known German news sites in search results.

Who Owns Scrabble’s Word List? (Slate)
Hasbro’s recent crackdown on the dissemination and use of its Scrabble word lists raises an intriguing legal question: Can a list of words be copyrighted?

Warner Bros. Anti-Piracy Methods Revealed in Court Docs (Slash Gear)
Unsealed court documents have revealed how Warner Bros. goes about finding infringing content and issuing takedown notices.

Supreme Court Won’t Hear Superman Heirs’ Copyright Case (Ars Technica)
The Supreme Court declined to hear the petition filed by Superman heirs’ lawyers. That leaves standing a ruling form the US Court of Appeals for the 9th Circuit, and the heirs won’t be allowed to wrest the copyright away.

Keith Kupferschmid


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA. Follow Keith on Twitter at @keithkup and sign up for the Intellectual Property Roundup weekly newsletter here.

Intellectual Property Roundup

Adobe to Shut China R&D as Sour Business Climate Bites (Reuters)
Computer software maker Adobe Systems Inc. will shut its Chinese research and development arm, as U.S. technology firms face an increasingly hostile government in the world’s second-biggest economy.

Google Fires Back at News Corp; Defends Search, Piracy Practices (Reuters)
Google defended itself against News Corp’s statement calling Google a platform for piracy and an “unaccountable bureaucracy.”

Judge Rules Against Grooveshark in Copyright Infringement Case (The New York Times)
A federal judge in New York ruled that Grooveshark, an online music service long vilified by the major record companies, infringed on thousands of their copyrights by hosting music files without permission and making millions of songs available for streaming.

Pirate Bay Goes to College: Free Textbook Torrent Downloads Soar Amid Rising Costs (International Business Times)
American college students struggling to afford textbooks are sharing copies of their books illegally on TextbookNova, the Pirate Bay and some of the same torrent sites that crippled the music industry. Many of the most popular books are available for free, with a correlation between the number of downloaders and the price of the book.

Parody Copyright Laws in UK Set to Come Into Effect (BBC)
Changes to UK legislation are to come into force this week allowing the parody of copyrighted works, as long as it is fair and does not compete with the original version.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA. Follow Keith on Twitter at @keithkup and sign up for the Intellectual Property Roundup weekly newsletter here.

Intellectual Property Roundup

Online Piracy Thrives in Internet Cloud (MSN)
A recent study says online piracy of music, films and other content has moved to the Internet cloud, reaping big profits for digital thieves.

New Bill Would Protect the Market for Used High-Tech Goods (The Los Angeles Times)
U.S. Rep. Blake Farenthold has introduced a bill named “You Own Devices Act,” a bill that aims to restore the first-sale rights for software-powered devices.

Anti-Piracy Police Begin Targeting Ebook Pirates (Torrent Freak)
PIPCU, the City of London Police’s Intellectual Property Crime Unit, has taken down their first ebook-related domain, OnRead.

Court Says SiriusXM Must Pay Turtles For Pre-1972 Recordings (GigaOM)
A federal judge in Los Angeles sided with sixties band The Turtles in a closely watched copyright case that has big economic implications for SiriusXM and other digital radio providers like Pandora.

Head of U.S. Copyright Office Will Tell Lawmakers Office is Understaffed (Roll Call)
The U.S. Copyright Office is understaffed and could face additional strains in the future, according to testimony by the head of the U.S. Copyright Office.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA. Follow Keith on Twitter at @keithkup and sign up for the Intellectual Property Roundup weekly newsletter here.

Intellectual Property Roundup

Software Patents Are Crumbling, Thanks to the Supreme Court (Vox)
The practical consequences of the Supreme Court’s June ruling on the patentability of software is now coming to light as a series of decisions from lower courts show the pendulum of patent law is now swinging in an anti-patent direction.

HarperCollins Now Uses Invisible Watermarks to Combat Ebook Piracy (Slash Gear)
HarperCollins’ new tool to battle piracy involves using Digimark technology to tag their ebooks with an invisible and traceable watermark.

Alibaba Has a Major Counterfeit Problem (CNN)
Alibaba has been on a mission to rid its virtual shopping malls of counterfeit goods as it cleans house before a massive initial public offering, but industry experts and company executives say that fades skill flourish on Alibaba’s popular platforms.

Jury Finds CBS Infringes Podcasting Patent, Awards $1.3 Million (Ars Technica)
A jury in Texas found the infamous “podcasting patent” was infringed by CBS’s website and said the TV network should pay $1.3 million to patent holder Personal Audio LLC. The verdict form shows the jury found all four claims of the patent infringed, but awarded substantially less than what Personal Audio was seeking.

UK Copyright Cops Crush 34 Pirates and 3,000 Sites in First Year (Recombu)
The City of London Police’s anti-piracy squad PIPCU has arrested 34 people and shut down nearly 3,000 illegal file-sharing sites in its first year.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA. Follow Keith on Twitter at @keithkup and sign up for the Intellectual Property Roundup weekly newsletter here.

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