Intellectual Property Roundup

Websites in Spain See Small Traffic Dip After Google News Closure (The Wall Street Journal)
Google officially shuttered the Spanish version of its news service Tuesday morning, and publisher sites in Spain have seen their traffic dip since.

eBay Scales Back EMR Counterfeit Reporting Program (eCommerce Bytes)
eBay has been scaling down and appears to be phasing out its Enhanced member Reporting program, aimed at removing counterfeit merchandise from its marketplace, opting instead to rely on users and brand owners reporting items through the site and the Verified Rights Owner (VeRO) program.

Leak Exposes Hollywood’s Global Anti-Piracy Strategy (TorrentFreak)
Leaked documents reveal in detail how Hollywood plans to take on piracy in the years to come, with top priorities being cyberlockers and illegal streaming sites.

Ghost of SOPA Haunts New Copyright Push (National Journal)
Nearly three years after a massive online protest derailed the Stop Online Piracy Act, many lawmakers are still skittish about the issue, and are cautiously returning to work on a major update of copyright law.

The Garcia v. Google En Banc Oral Argument (TechDirt)
A panel of eleven Ninth Circuit federal judges heard oral arguments in Garcia v. Google, a copyright case arising from the notorious “Innocence of Muslims” video. The hearing revisited the facts and law that led to the February decision by two Ninth Circuit judges ordering Google to remove the video from YouTube and prevent future uploads.


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

Court Steps Into Patent Debate That Split Technology Companies (Bloomberg)
The top U.S. patent court, for the first time, is stepping into a debate that has splintered the technology community over how to value patents that cover essential technologies like Wi-Fi.

In Google Books Appeal, Judges Focus on Profit and Security (GigaOM)
The Authors Guild took its latest courtroom swing in a decade-long dispute over Google’s book-scanning project, arguing in front of three judges of the Second Circuit Court of Appeal that Google’s project should not be considered fair use under copyright since Google might profit from the scanning.

Microsoft Sues AT&T Customer for Activating Pirated Software (Network World)
Microsoft is suing an AT&T customer who activated too many pirated copies of Windows 7 and Office 2010. Although Microsoft claims not to know the “true identities” of the defendants pirating its software, it knows the IP address and that AT&T is the ISP.

Google Yanks Pirate Bay-Related Apps From Play Store in Anti-Piracy Move (Tech Times)
Facing increasing pressure from copyright owners to protect their content, Google has removed a number of piracy-related apps from the Play Store to show publishers it is on their side.

Darrell Issa to Chair House Subcommittee Overseeing Copyright & Internet (Billboard)
Rep. Darrell Issa was named chairman of the House Subcommittee on the Internet, Courts and Intellectual Property, and Rep. Doug Collins was named vice-chair. The release announcing the appointment also stated “all copyright-related issues will be handled at the full Committee.”


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

Two Music Publishers Suing Cox Over Piracy (The Wall Street Journal)
Music publishers BMG and Round Hill are suing cable giant Cox Communications, claiming that Cox is deliberately turning a blind eye to illegal downloading by its subscribers.

Some Photographers Bristle Over Flickr’s Selling of Photos (CNET)
Some photographers are upset the Yahoo-owned site Flickr is selling prints of photos they meant to give away for free.

Officials Seize 292 Domain Names to Protect Consumers (PC World)
In a move to protect consumers this holiday season, law enforcement officials have seized 292 domain names for sites that allegedly were selling counterfeit goods.

Nature Publisher Hopes to End ‘Dark Sharing’ By Making Read-Only Papers Free(AAAS)
The publisher of the Nature family of scientific journals unveiled a new initiative aimed at providing an alternative to – and potentially end – so called dark sharing. The free-sharing strategy would make sharing easier, more transparent and trackable.


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

The Top 20 Countries for Software Piracy (Software Development Times)
A V.i. Labs report analyzed customer data from its CodeArmor Intelligence software usage-tracking platform to compile a list of the countries with the highest number of machines running unlicensed software.

Apple Removes ‘Counterfeit’ App From iTunes (ChinaDaily)
Apple has removed an application from its iTunes store after it was sued by Lufax, a financial assets management provider, which charges the app was counterfeit and therefore a risk for Lufaz and its customers.

Rightscorp Sued for Harassment and Abuse (TorrentFreak)
A class action lawsuit was filed in California, accusing Rightscorp of breaking several laws in their attempt to extract settlements from alleged pirates.

Aereo is Filing for Bankruptcy (The Washington Post)
Aereo announced it is filing for Chapter 11 bankruptcy, and that the company would undergo a reorganization.

Leahy Pressures Visa, MasterCard to Ban Piracy Sites (The Hill)
Sen. Patrick Leahy is sending letters to executive at Visa and MasterCard asking them to block payments to sites that spread illegal movies, TV shows and other files on the Internet.


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

Copyright Office Urged to Okay DVD Copying by Consumers (MediaPost)
In a filing with the U.S. Copyright Office, advocacy group Public Knowledge argued that people should be able to copy the DVDs they’ve purchased in order to watch them on tablets.

YouTube Copyright Policy Revised (Guardian Liberty Voice)
YouTube has amended a form used to resolve copyright disputes after the operators of a German web channel received death threats by alleged Islamic extremists, who were able to gain the personal information by filing a fake copyright claim.

Amazon.book and the New Top-Level Domain Names (Publishers Weekly)
Amazon’s purchase of the .book generic top-level domain has prompted speculation about how the e-tailer plans to use it. Amazon bought the TLD for a reported $10 million last week, allowing it to sell domain names with the .book suffix.

Rightscorp Nails 30,000 Users For Piracy in One Month, Still Loses Money (Ars Technica)
Copyright enforcement company Rightscorp told investors it has closed 130,000 cases against Internet pirates, but despite that, the company’s newest earnings report shows it’s losing more money than ever.

Oracle and SAP Settle Bitter Software Piracy Lawsuit (TechWeek)
For years Oracle and its German rival SAP remained locked in a bitter lawsuit over software piracy, but now both parties have reportedly settled the lawsuit, ending seven years of legal wrangling.

Leahy Introduces Same-Sex Copyright Inheritance Bill (Roll Call)
Senate Judiciary Committee Chairman Patrick Leahy introduced a bill that would let spouses in same-sex marriages inherit each other’s copyrights regardless of whether or not the state where the copyright owner dies recognizes same-sex marriage.

Russia Amends Anti-Piracy Law (Broadband TV News)
The Russian Duma has passed an amended anti-piracy law that protects copyright in a number of fields, including literature, music and software, but not photographs.

Republicans Vow to Take on Patent Trolls in Next Session (The Daily Caller)
Speaking at the U.S. Chamber of Commerce’s Global IP Summit this week, House Judiciary Committee Chairman Bob Goodlatte claimed he is working with the incoming Senate leadership “to see patent legislation signed into law in the near future.”


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

Germany’s top publisher bows to Google in news licensing row (Reuters)
Germany’s biggest news publisher Axel Springer has scrapped a move to block Google from running snippets of articles from its newspapers, saying that the experiment had caused traffic to its sites to plunge.

China Opens Intellectual Property Courts to Improve Image (Bloomberg News)
China will set up its first specialized court to handle intellectual property cases in Beijing within two weeks as it seeks to answer criticisms the country is lax in protecting such rights.

Bestwater – ECJ forces copyright owners to employ access restrictions(fieldfisher.com)
The ECJ ruled that unless the original publisher used technical access restrictions, embedded content would not reach “a new public.” The effect of this judgement is likely to lead to a more restrictive publishing practice, as copyright owners will seek to avoid free-riders taking advantage of the loop-hole the court seems to have legitimized.

Two men jailed over Dancing Jesus site music piracy (The BBC)
The website allowed members to post tens of thousands of illegal links to music which they had uploaded.

AFM: Avi Lerner Warns Piracy Could Cripple Indie Film Business in Five Years (The Hollywood Reporter)
Lerner, the CEO of Nu Image, believes rampant piracy drained the theatrical audience because Expendables 3 was available online for illegal downloading three weeks before it hit theaters.


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

China Opens Intellectual Property Courts to Improve Image (Bloomberg)
China will set up its first specialized court to handle intellectual property cases in Beijing within two weeks as it seeks to answer criticisms the country is lax in protecting such rights.

Bestwater – ECJ Forces Copyright Owners to Employ Access Restrictions(FieldFisher)
In a long-awaited decision, the ECJ confirmed its position towards “embedding” of copyright-protected content on a third-party website in the “Bestwater” case, ruling that unless the original publisher used technical access restrictions, embedded content would not reach “a new public.”

Google Takedown Requests Surge After New Anti-Piracy Measures (Torrent Freak)
The number of takedown notices sent by copyright holders has skyrocketed after Google implemented its new search downranking algorithm.

New EU Digital Chief Floats Tough Anti-Google Regulations (The Wall Street Journal)
Th incoming European Commissioner for the Digital Economy has already floated various anti-Google ideas, on of which is to reform existing copyright laws specifically targeting the tech company, in what amounts to an EU-wide “Google tax.”

Android Pirate Pleads Guilty to Criminal Copyright Infringement (Torrent Freak)
In a first-of-its-kind FBI operation carried out in 2012, several unauthorized Android marketplaces were seized and their operators arrested, accused of pirating close to $19 million in illicit apps. This week another member pleaded guilty to conspiracy to commit copyright infringement.

Pirate Bay Co-Founder Sentenced to 42 Months in Denmark (Reuters)
Gottfrid Warg, co-founder of The Pirate Bay, was sentenced to three and a half years in prison, in what the prosecutor called Denmark’s biggest-ever hacking case.


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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