Intellectual Property Roundup

IP News

Microsoft Sues Samsung Over Android Royalty Payments (The New York Times)
In the lawsuit, Microsoft said that Samsung stopped making royalty payments on time last fall and is refusing to pay interest for the delay, as required by their 2011 agreement, which related to Samsung’s use of Microsoft’s intellectual property in its Android smartphones and tablets.

Apple and Samsung Drop Patent Fights Outside the United States (The New York Times)
Apple and Samsung Electronics on Tuesday said they had agreed to drop patent litigation against each other in countries outside the United States, including Germany, Australia and Japan.

Police Placing Anti-Piracy Warning Ads on Illegal Sites (BBC News)
The City of London police have started placing banner advertisements on websites believed to be offering pirated content illegally.

UK Adopts Private Copying Exception As Some Rightholders Mull Legal Action (Intellectual Property Watch)
A new United Kingdom copyright exception for private copying cleared Parliament on 29 July and will become law in October.

Lawsuit Threatens to Break New Ground on the GPL and Software Licensing Issues (Opensource.com)
When Versata Software sued Ameriprise Financial Services for breaching its software license, it unwittingly unearthed a GPL violation of its own and touched off another lawsuit that could prove to be a leading case on free and open source software licensing.

Victoria’s Secret loses PINK Brand Battle (CNNMoney)
Victoria’s Secret could be barred from using its PINK branding across the region after a British judge ruled the company was infringing on the trademarks of up-scale shirt-maker, Thomas Pink.

Poll: Should Internet Providers Block Piracy Sites? (The Wall Street Journal)


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

SIIA Submits Statement on Copyright First Sale for the House IP Subcommittee Hearing

This week the House IP Subcommittee held the first field hearing of their ongoing review of U.S. copyright laws. The hearing featured testimony from non witnesses on the topic of “First Sale Under Title 17,” including remarks from SIIA member John Wiley & Sons President and CEO, Stephen Smith. SIIA submitted a statement for the record acknowledging the crucial role the copyright law’s first sale doctrine plays and the resulting harm to both industry and consumers if the doctrine’s application was extended to licensed material or digital transfers. Read more here.

IP News

Court: Company Didn’t Induce Patent Infringement (ABC News)
The Supreme Court unanimously ruled that Limelight Networks did not infringe on the patented system owned by rival Akamai Technologies, saying a company is not liable for inducing patent infringement if someone other than the company carries out some of the steps leading to infringement.

Rightscorp Hopes to Be a Profitable Alternative to “Six Strikes” (Ars Technica)
“Copyright cop” Rightscorp is growing quickly, with a business model that makes the cost of infringement more akin to a standard traffic ticket than a DUI, while still keeping the threat of massive statutory damages in its back pocket.

Research Links Piracy to Internet Addiction and Deviant Friends (Torrent Freak)
New research from Tennessee Tech University shows that certain forms of online piracy are linked to Internet addiction related problems, and additionally, students who pirate are more likely to have deviant or criminal friends.

Pirate Bay Founder Arrested After Two Years on the Run (The Guardian)
Peter Sunde, one of the founders of file-sharing website Pirate Bay, has been arrested in southern Sweden to serve an outstanding sentence for copyright violations after being on the run for nearly two years.

Google Must Do More to Help Fight U.K. Piracy, Report Finds (The Hollywood Reporter)
A report form the U.K.’s intellectual property advisor says Google must do more to curb online piracy, and made recommendations for how search engines should help tackle piracy in the U.K.


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

Enforcement News

Oracle Wins Copyright Ruling Against Google Over Android (Reuters)
Oracle won a legal victory against Google as a U.S. appeals court decided Oracle could copyright parts of the Java programming language, which Google used to design its Android smartphone operating system.

Fighting Fakes: Ahead of IPO, Alibaba Takes a Tougher Line (Reuters)
Alibaba is taking a tougher line against counterfeit items sold on its online marketplaces as the Chinese e-commerce giant heads towards a U.S. stock listing that could be the world’s biggest technology company IPO. Some security experts say Alibaba’s stricter standards on piracy and fake goods may even surpass those of Amazon and eBay.

Hadopi Makes New Recommendations for Fighting Piracy (Complete Music Update)
French anti-piracy agency Hadopi published a report recommending new measures to help with the battle against online piracy. One new proposal is the creation of a super takedown notice that would go quite a bit further than the US DMCA.

More Ad Dollars Flow to Pirated Video (The Wall Street Journal)
Due to the rise of automated ad-buying technologies, sites brimming with pirated movies and television shows are being supported inadvertently by major marketers that buy ad space on them.

Samsung to Fight Apple Smartphone Trial Verdict (Bloomberg)
Samsung will challenge a jury’s $120 million award to Apple in a patent infringement verdict that the company’s lawyer says was “unsupported by evidence.”

Policy News

House Panel Votes to Delay U.S. Ceding Oversight of Internet Addresses (Reuters)
A U.S. Congressional panel advanced a bill opposed by the Obama administration that would delay a plan to cede U.S. oversight of the nonprofit group that manages the Internet’s infrastructure.

Will the U.S. Patent Bill Regain its Momentum? (Reuters)
After moving quickly through the U.S. House of Representatives and winning Senator Leahy’s support, the closely watched patent bill appears to have stalled over two provisions in the bill that would affect how infringement lawsuits are written and when discovery would begin.

[Read more...]

Intellectual Property Roundup

IP News

Supreme Court Justices Appear Conflicted Over Aereo Copyright Case (Los Angeles Times)
Confronting a case that could reshape the television broadcast industry, Supreme Court justices sounded conflicted over whether upstart streaming service Aereo is violating copyright laws.

U.S. Aims to Defuse Tension Over Control of Internet (The Wall Street Journal)
World representatives are arriving in Brazil for Net Mundial, a two-day meeting about Internet governance. The meeting comes amid fallout over spying by the NSA that has renewed concerns over the U.S. government’s credibility and over longtime U.S. oversight of the Internet.

‘Notorious Market’ Blocks Privacy in its P2P Streaming Player (Torrent Freak)
A company labeled a notorious market by the USTR says it has taken dramatic steps to stamp out piracy. The China-based outfit behind the P2P-enabled QVOD file-sharing technology says it is no longer possible to stream or download unauthorized copyrighted content with their software.

Pandora Sued by Major Labels Over Pre-1972 Copyrights (Bloomberg)
Several major record labels, including Capitol Records LLC and Sony Music Entertainment, filed a copyright infringement lawsuit in the New York State Supreme Court in Manhattan against Internet radio service Pandora for failing to pay for using music recorded before 1972.

Grams Lets You Easily Access the “Darknet” and Buy Illicit Things Online(Canada.com)
Grams, a new search engine and the darknet’s answer to Google, allows almost anyone to access unlisted merchant websites selling drugs, guns and other illegal items.


SIIA Announces New Intellectual Property Protection Division

SIIA is significantly expanding its enforcement efforts, and will now target a broad range of intellectual property violations, on behalf of both software and content publishers. The new program, now called the Intellectual Property Protection Division or IPP Division, will continue its anti-piracy efforts but will now investigate and resolve many more types of nefarious activities that can adversely affect a participating company’s brand, intellectual property or reputation, such as: counterfeiting, fraud, unauthorized access, fraudulent use of domain names, and more.

SIIA will also assist participating publishers with the protection of their intellectual property. These protection services will include such things as assisting publishers with registering their valuable IP with the U.S. Copyright Office and U.S. Patent and Trademark Office, registering their brands with the new domain name Trademark Clearinghouse, and more. The IPP Division will also place a renewed emphasis on content piracy and offer a range of specialized services that address the varying needs of participating content publishers.

More information about the new SIIA IPP Division is available here.

Important Message About Protecting Your Brands: Late last year, ICANN began approving the first new gTLDs. Like all new domain names that are or will be approved by ICANN, these new gTLDs will not go live until after brand owners are given a brief window to register addresses using their own brands before anyone else can. For more information about this process see this SIIA alert and FAQs. SIIA has created a new domain name alert system for those companies that are interested in knowing what new domain names are approved, when they will go live and how to protect themselves. Those who sign up for the alert will receive a weekly email from SIIA notifying them what new gTLDs have been approved by ICANN, and other relevant information. If you are interested in receiving these alerts, please email me at keithk@siia.net so that we can add your name to the list of alert recipients.


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

Enforcement News

ISP’s “Six-Strike” System is Now in Full Force, Says Industry Official (GigaOM)
A U.S. Chamber of Commerce official stated that the “six-strike” anti-piracy program involving major Internet service providers is now in full effect, more than a year after news of the so-called Copyright Alert System was first reported.

ICANN Chief: Russia, China Will Not Hijack Internet Oversight (Reuters)
The head of ICANN defended the U.S. government’s move to cede oversight of the body, and downplayed concerns that Russia, china or other countries could exert control and restrict the web’s openness.

Rightscorp Finds Shortcut to Expose Alleged Bittorrent Pirates (TorrentFreak)
Anti-piracy firm Rightscorp has found a shortcut to obtaining the personal details of account holders connected to pirating IP-addresses. Instead of having a judge decide, Rightscorp obtains DMCA subpoenas which only a court clerk has to sign off on.

Document Reveals When Copyright Trolls Drop Piracy Cases (TorrentFreak)
A submission to an Illinois court that was supposed to remain under seal has revealed when Malibu Media, a so-called “copyright-troll,” will dismiss cases against alleged pirates.

Diller Sees Aereo in Every Major City if Backed by Court (Bloomberg)
Barry Diller plans to expand Aereo’s streaming-TV service into every major U.S. city if the startup prevails in its fight with broadcasters before the U.S. Supreme Court.

Studios File New Lawsuit Against MegaUpload and Its Founder (The New York Times)
Hollywood’s major film studios added a new civil lawsuit on copyright infringement to the legal challenges facing MegaUpload’s owners.

Policy News

House Republican Working on Patent Demand Letter Bill (The Hill)
Rep. Lee Terry (R-Neb) pledged to introduce a bipartisan bill to curb demand letters from “patent trolls,” saying the bill will likely establish requirements about what information must be included in demand letters.

Senate Patent Markup Pushed Back Again (The Hill)
The Senate Judiciary Committee’s consideration of Chairman Patrick Leahy’s patent reform bill, the Patent Transparency and Improvements Act, has been pushed back a third time as committee members negotiate contentious provisions.


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

Leader and Co-Conspirator of Android Mobile Device App Piracy Group Plead Guilty (Justice.gov)
Florida Individuals Represent First U.S. Convictions for Distributing Counterfeit Apps.

ICE, CBP announce year-end intellectual property seizure statistics; Seizures increase as collaboration at the IPR Center continues (ICE.gov)
The number of IPR seizures increased nearly 7 percent from 22,848 in FY 2012 to 24,361 in FY 2013.

Ex-MP3tunes Chief Held Liable in Music Copyright Case (Reuters)
The former chief executive of bankrupt online music storage firm MP3tunes was found liable for infringing copyrights for sound recordings, compositions and cover art owned by record companies and music publishers once part of EMI Group Ltd.

Megaupload’s Dotcom Loses Case to Access Extradition Evidence (Reuters)
Kim Dotcom suffered another blow to his fight against extradition to the U.S. to face online piracy charges after New Zealand’s highest court rejected his appeal to access evidence to be presented at the hearing.

CinemaCon: MPAA Chief Chris Dodd Won’t Stop Challenging Silicon Valley Over Piracy (Hollywood Reporter)
“We have both the right and responsibility to express our concerns about piracy undermining our industry on a global level,” Hollywood’s top lobbyist tells theater owners.

Copyright Office Announces New Fee Schedule; First Since 2009 (Copyright Office)
The Copyright Office is adopting new fees for the registration of claims, recordation of documents, special services, Licensing Division services, and FOIA requests. These fees will take effect on May 1, 2014. More info here. The final rule establishing the new fee schedule was published in the Federal Register and is available here.

 


SIIA Announces New Intellectual Property Protection Division

SIIA is significantly expanding its enforcement efforts, and will now target a broad range of intellectual property violations, on behalf of both software and content publishers. The new program, now called the Intellectual Property Protection Division or IPP Division, will continue its anti-piracy efforts but will now investigate and resolve many more types of nefarious activities that can adversely affect a participating company’s brand, intellectual property or reputation, such as: counterfeiting, fraud, unauthorized access, fraudulent use of domain names, and more.

SIIA will also assist participating publishers with the protection of their intellectual property. These protection services will include such things as assisting publishers with registering their valuable IP with the U.S. Copyright Office and U.S. Patent and Trademark Office, registering their brands with the new domain name Trademark Clearinghouse, and more. The IPP Division will also place a renewed emphasis on content piracy and offer a range of specialized services that address the varying needs of participating content publishers.

More information about the new SIIA IPP Division is available here.

Important Message About Protecting Your Brands

Late last year, ICANN began approving the first new gTLDs. Like all new domain names that are or will be approved by ICANN, these new gTLDs will not go live until after brand owners are given a brief window to register addresses using their own brands before anyone else can. For more information about this process see this SIIA alert and FAQs. SIIA has created a new domain name alert system for those companies that are interested in knowing what new domain names are approved, when they will go live and how to protect themselves. Those who sign up for the alert will receive a weekly email from SIIA notifying them what new gTLDs have been approved by ICANN, and other relevant information. If you are interested in receiving these alerts, please email me at keithk@siia.net so that we can add your name to the list of alert recipients.


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

Enforcement News

Web Domain Name Revolution Could hit Trademark Defense (Yahoo)
The UN’s intellectual property body warned that the mass expansion of Internet domain names could cause havoc for the defense of trademarks in cyberspace.

U.S. Plains to Give Up Oversight of Web Domain Manager (The Wall Street Journal)
The U.S. Commerce Department said it plans to relinquish its oversight of ICANN, a move that could bring more international cooperation over management of the Web, but will make some U.S. businesses nervous.

Viacom and Google Settle YouTube Lawsuit (Financial Times)
Viacom and Google have settled a $1 billion copyright infringement suit tied to Google’s YouTube digital video service, ending a seven-year battle between the two companies.

‘Netflix for Piracy’ Popcorn Time Saved By Fans (BBC)
Popcorn Time, a service that offers a Netflix-like interface for accessing pirated films, has already resurfaced just days after being closed down.

Policy News

Senate Takes Next Steps on Patents (The Hill)
The Senate is moving forward with its patent reform efforts and will begin considering Sen. Leahy’s bill at an executive session on March 27.

The GOP Freak Out Over the U.S. ‘Losing the Internet’ Has Begun (The Wire)
Republicans see the Obama administration’s decision to relinquish control of the Internet to the international community as a big, and even dangerous, mistake.

Congress Looms Large in Piracy Battle (The Hill)
While the content and tech industries are coming together to try and solve the problem of online piracy, Congress looms large in the background, threatening to step in if the stakeholders can’t come to an agreement.


SIIA Announces New Intellectual Property Protection Division

SIIA is significantly expanding its enforcement efforts, and will now target a broad range of intellectual property violations, on behalf of both software and content publishers. The new program, now called the Intellectual Property Protection Division or IPP Division, will continue its anti-piracy efforts but will now investigate and resolve many more types of nefarious activities that can adversely affect a participating company’s brand, intellectual property or reputation, such as: counterfeiting, fraud, unauthorized access, fraudulent use of domain names, and more.

SIIA will also assist participating publishers with the protection of their intellectual property. These protection services will include such things as assisting publishers with registering their valuable IP with the U.S. Copyright Office and U.S. Patent and Trademark Office, registering their brands with the new domain name Trademark Clearinghouse, and more. The IPP Division will also place a renewed emphasis on content piracy and offer a range of specialized services that address the varying needs of participating content publishers.

More information about the new SIIA IPP Division is available here.

Important Message About Protecting Your Brands

Late last year, ICANN began approving the first new gTLDs. Like all new domain names that are or will be approved by ICANN, these new gTLDs will not go live until after brand owners are given a brief window to register addresses using their own brands before anyone else can. For more information about this process see this SIIA alert and FAQs. SIIA has created a new domain name alert system for those companies that are interested in knowing what new domain names are approved, when they will go live and how to protect themselves. Those who sign up for the alert will receive a weekly email from SIIA notifying them what new gTLDs have been approved by ICANN, and other relevant information. If you are interested in receiving these alerts, please email me at keithk@siia.net so that we can add your name to the list of alert recipients.


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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