IP in the News Archive – 2011
Please note that in place of a list of all IP news stories, only the most relevant IP news is listed under IP Notes. If enough interest is expressed for the full list of all IP new stories, IPilogue will reinstate the IP in the News column.
June 2011
Philip Morris Sues Australia Over Cigarette Packaging
Australia wants to outlaw logos on cigarette packs and force them to be sold in plain dark-olive packaging, carrying health warnings instead of company logos.
CRTC Hearings On Vertical Integration Put Rogers, Shaw, BCE And Quebecor In The Spotlight
The CRTC has discussed the possibility of a “code of conduct” governing the industry now that it has become more integrated.
Warner Bros Settles ‘Hangover II’ Tattoo Lawsuit
After a day of mediation, a settlement was reached that allows the tattoo to remain in the film both in the theatre and in the future DVD release.
Government Funding Can Erode US Universities’ Patent Rights, Finds US Supreme Court
Under the Bayh-Dole Act, institutions are not given the automatic “unilateral” right to inventions created by academics if the research received federal funding, the Court ruled.
Dot Com Shake-Up Paves Way For ‘Hundreds Of New Addresses’
ICANN announced guidelines on new web addresses, by which URLs ending in almost any word can be purchased, including in a company’s brand name.
Dolby Sues RIM Over Audio Patents
The BlackBerry maker is alleged to have used Dolby’s audio compression technologies in smartphones and tablets without a licence.
How Two Nude Radio DJs Could Impact Copyright Law
The DJs removed the photographer credit from a picture taken of them. The Third Court of Appeals ruled this was a circumvention of the DMCA, previously only read to address automated systems like DRM.
Nortel Delays Auction On ‘Significant’ Interest
The auction for over 6,000 Nortel patents has been delayed until June 27 due to significant interest in the technology portfolio.
Internet Archive Starts Backing Up Digital Books…On Paper
The project aims to store a physical copy of all books to settle disputes about the fidelity of digital versions and to serve as security given an uncertain future for digital storage.
EU Ministers Say Making Of Hacking Tools Should Be Criminal
The EU’s Council of Ministers are backing the extension of criminal sanctions for making tools that can be used for hacking.
Steinbeck Heirs Lose Bid To Hear Copyright Dispute
The author’s son and grandson’s application to regain control of the copyrights to Steinbeck’s work is invalidated due to an agreement his third wife made.
UK Government Publishes Patent Tax Break Details
The UK Treasury proposes that corporations pay 10% on profits derived from patents instead of the standard 28%, as an incentive for companies to develop new inventions.
Phoenix Based Company Sues Apple Over iCloud Trade-mark
iCloud Communications, offering VoIP solutions for businesses, has filed an infringement suit stating they have owned the mark since 2005.
Malaysia Seeks To Ban Sites For Illegal Downloads
The Malaysian Communications and Multimedia Commission says it wants ISPs to block websites that violate copyright laws, including The Pirate Bay.
Microsoft Loses Battle With i4i
The US Supreme court rules against Microsoft’s argument that a defendant should not be required to prove “by clear and convincing evidence” that a plaintiff’s patent is invalid.
Facebook Explains Facial Recognition To European Regulators
The company says it will satisfy concerns regarding a feature that automatically recognizes faces and suggests users “tag” their friends.
USPTO Grants Destiny Media’s Watermarking Patent
The technology allows content owners to trace back the source of pirated content by embedding information into audio and video files.
Sarah Morris ‘Unfolded’ Our Works, Claim Leading Origami Designers
Origami artists from Spain, Italy, Japan and the US have alleged that artist Sarah Morris merely coloured in copies of their intricate origami representations of animals, birds and insects.
Apple iCloud ‘Legitimises’ Music Pirates
For $24.95 per year, iTunes Match will scan users’ hard drives and match them with authorised tracks in Apple’s iTunes library, raising concerns about whether it is “music pirate amnesty”.
CRTC Online Consultation On Wholesale Internet
The consultation enables customers to discuss the way cable and telephone companies charge independent ISPs and shape the upcoming CRTC hearing on the issue.
Report States Canadian Federal Departments Are Improperly Hoarding Patents And Copyrights
A new report finds that too many patents, industrial designs and copyrights are falling into government hands without proper justification.
Roche Wins As US High Court Limits Research Universities’ Patent Rights
The US Supreme Court threw out Stanford University’s claim against Roche Holding AG; a setback for universities but a victory for those companies who collaborate with them.
DOJ Probing Bids For Nortel Patents
Regulators are concerned that the bidding for 6,000 patents being sold by the bankrupt Nortel could be used to quash competition.
United Nations Report States Internet Access Is A Human Right
The way the Internet is used across the world and in “virtually every aspect of modern human life” makes it an unprecedented force says the report.
Tory Government Will ‘Seek Swift Passage Of Copyright Legislation’
In the throne speech, the newly elected Conservative majority vows to introduce a new digital economy strategy.
Apple Patents Way To Prevent Concert Piracy
The patent describes an infrared sensor that stops people from illegally recording concerts or movies.
Pfizer Looks To Block Generic Viagra
Pfizer filed suit against Watson to prevent commercialization of Watson’s drug prior to the expiration of a Pfizer patent in 2019.
NY Bakery Owner Sues Scripps Network Over Food Network Show
“One Tough Cookie” owner feels that upcoming reality show “Tough Cookies” will confuse customers.
Google Rolls Out YouTube Creative Commons Licences
The goal is to clearly identify for users videos that can be shared, edited and remixed.
‘Massive’ Copyright Lawsuit Against CNET Shrivels
The plaintiff accusing CBS of profiting from piracy only lists six files that the site helped pirate.
High Court Opines On Wilful Blindness Standard For Induced Patent Infringement
The US Supreme Court rules that actual knowledge of an existing patent is needed to prove induced patent infringement.
Teva Settles Neurontin Case With Pfizer On Undisclosed Terms
Teva will be able to continue selling generic versions of the epilepsy drug under a licence from Pfizer.
German ISPs Are Identifying 300K Infringers A Month
German Internet Industry Association argues that such monitoring and legal action has seen decreased online piracy in the country by 20% since 2008.
Electronic Arts Moves To Sack Lawsuit From Madden Football Creator
EA brought a motion to dismiss a claim from the original creator of the game in 1988, arguing his contributions to the current game are not copyrightable expression but instead methods, processes and algorithms.
Baroness Wilcox Launches Peer To Patent In The UK
A review website is launched that allows experts in science and technology to comment on patent applications with the intention of improving the quality of patents.
Judge Approves Settlement In Music Royalties Class Action
A $50-million settlement has been approved in a copyright infringement suit against Canadian record labels Sony, EMI, Universal and Warner for unpaid royalties.
Is ABC’s Reality Show “Wipeout” A Rip-Off?
Soon to be decided lawsuit may explain where the line is drawn for copyright infringement in reality TV.
Call For Comments On TTAB Involvement In Settlement Discussions
The US Patent and Trademark Office has set a June 21 deadline for comments regarding the extent to which the Trademark Trial and Appeal Board should take part in settlement negotiations between parties.
Celebrities Who Walk Red Carpets Impliedly Consent To Photos Being Sold
A California judge found in favour of Corbis Corporation, a company that licences the rights to millions of photos, including those of celebrities.
Samsung Demands To See Apple’s Next iPhone And iPad
As part of on-going patent and trade-mark dispute between the two companies, Samsung says Apple’s lawyers agreed to a reciprocal disclosure.
May 2011
Pirate Bay Sued In Finland In Bid To Halt Music Track Sharing
23 Finnish record labels filed for the court to order a telecommunications company to prevent access to the website.
Google And Facebook Lose Social Network Patent Ruling
A court has ruled that a New York company may pursue claims of infringement of its patent for software that allows people to access social networks on mobile phones.
Honda Hacked: 283,000 Car Owners Lose Personal Data
Names, addresses and vehicle ID numbers were taken from the company’s e-commerce websites for Honda and Acura.
EU Commission Proposes Law Allowing ‘Orphan Works’ To Be Available
The Commission wants to make it possible to digitize material without requiring consent from the unknown copyright owner.
ITC Weighs In On Verizon-Cablevision Patent Suit
The US International Trade Commission suggests that Cablevision violated a Verizon-owned patent related to the cable box’s ability to connect to the Internet.
NYSE Claims Trade-mark Over Trading Floor
New York Stock Exchange has demanded that news site The Talking Points Memo take down photos of the floor of the stock exchange.
Ebay And PayPal Sue Google Over Trade Secrets
Two former Paypal executives are accused of bringing Paypal trade secrets with them in their move to Google to work on Google Wallet.
Fact-Finding Exercise On Over-The-Top Programming Services
The CRTC looks to receive data and comments on the impact that OTT programming has on Canadian broadcasting.
Senate Panel Approves Controversial Copyright Bill: The PROTECT IP Act
The Act would allow the US Department of Justice to stop search engines and ISPs from sending traffic to websites accused of copyright infringement.
ICE Puts The Summer Heat On Counterfeiters
US Immigration and Customs Enforcement seizes domain names of websites used to sell counterfeit goods as part of the fifth phase of “Operation In Our Sites”.
Unilever Sues Koolpets For Use Of “sicle”
Owner of Popsicle trade-mark sues Canadian business over their Bonesicle dog treat, as Unilever claims it owns the rights to all uses of “sicle”.
Disney Withdraws Navy SEAL Trademark Application
Disney abandoned the application out of deference to new applications submitted by the Navy.
Upload DVDs to Flixster? That’s Time Warner’s ‘Very Big Idea’
To compete with Netflix, users will be able to upload DVDs to Flixster to access wherever and whenever.
Sarkozy Questions ‘Neutral’ Net at e-G8 Forum
French President Nicolas Sarkozy has opened the first ever e-G8 forum in Paris.
Canadians Hit in Sony Ericsson Data Breach
Customer names, email and encrypted passwords may have been taken from a company website. No credit card information was taken.
EU Cookie Law Deferred for One Year
The EU’s Privacy and Communications Directive comes into force on 26 May 2011.
“We…are now in the process of ‘joining the flock,’” said Iain Dodsworth, TweetDeck’s chief executive and founder.
Ryan Giggs named in UK House of Commons as Footballer in Super-Injunction Debate
“With about 75,000 people having named Ryan Giggs on Twitter it’s obviously impractical to imprison them all,” said UK MP John Hemming.
California Suit Claims Cisco Helped China Pursue Falun Gong
The suit was filed in US District Court for the Northern District of California in San Jose by the Human Rights Law Foundation for the Falun Gong.
Toyota, Salesforce.com and Microsoft get into Social Networking
Toyota is setting up a service so drivers can interact with their cars in a way that’s similar to posting on Facebook or Twitter.
Air Force Thunderbirds Perform Using Biofuel
Biofuel made from the camelina flower will help to power two of the six jets as they perform at Andrews Air Force Base in Maryland, USA.
UK Judges Warn MPs and Media over Breaching Super-Injunctions
An inquiry found reports of comments made in Parliament that set out to contravene injunctions may be in contempt of court.
Massive Apple Server Farm Being Readied in Santa Clara
Apple is said to have acquired the iCloud.com domain name for its new services in online file storage and streaming music and video services.
Court Told Wind Mobile’s Foreign Debt Not an Issue
The Federal Court of Appeal is hearing the case on the Federal government overruling the CRTC decision that Globalive was not Canadian enough.
LinkedIn IPO ‘A Litmus Test’ for Social Networkers
The rich pricing at $45 a share is raising fears that investors are buying into an overpriced sector.
Baidu and the Chinese Government are Sued in the US for Internet Censorship
Eight New Yorkers are suing, accusing the search engine of conspiring with China to censor pro-democracy speech.
Marchers Protest new Turkish Web Filtering Rules
Several thousand marched in Istanbul on Sunday protesting internet filtering rules set to take effect in August.
EU Parliament Votes to Support a “Books Without Borders” Treaty
The EU Parliament called on the EU Commission to work actively on a treaty proposal of the World Blind Union.
Go the F–k to Sleep: When Pirating Becomes Marketing
A joke book written by the father of a toddler is No. 1 on Amazon.com’s bestseller list a month before its release, despite a pirated copy of the book being widely circulated.
Hargreaves Review gives UK Copyright Law a Digital Makeover
The report recommends legalising format shifting of music and films, but does not to support the US concept of “fair use”.
Tories Aim to Heighten Web-Surveillance Powers
An omnibus crime bill focuses on information disclosure, mandated surveillance technologies, and new police powers.
Netflix Streaming Overtakes Surfing as Driver of Web Traffic
Netflix movies and TV shows account for nearly 30% of traffic during peak evening hours.
Disney Wants to Trademark Bin Laden Killers
The company is trying to trademark the name, Seal Team 6, through the US Patent and Trademark Office.
CPCC Proposes Levy on Electronic Memory Cards
The Canadian Private Copying Collective (CPCC) has filed with the Copyright Board of Canada a proposal to collect levies on the sale of blank audio recording media.
Google May Have Broken Internal Rules on Drug Ads
Google allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies.
Boston Developer Wants Cut of Winklevoss Twins’ $65-million Facebook Settlement
Wayne Chang’s claim is based on a “memorandum of understanding that gave him a 15% share” of the Winklevoss’ company.
European Court Rejects Bid to Limit News on Celebrities
European Court of Human Rights rejected former F1 President’s suit seeking to require news providers to notify the people they write about.
Wikipedia Boss Jimmy Wales Criticises Super-Injunctions
He stated that Wikipedia will post details on people using super-injunctions if the information appears in reliable foreign newspapers.
Google Introduces Laptops Running Chrome System
Samsung and Acer will start selling notebook computers running the new Chrome operating system on June 15.
Google’s Ad System Faces US Justice Probe
Google Inc.’s lucrative online advertising system is facing a US Justice Department investigation.
Microsoft to Acquire Internet Phone Pioneer Skype
Microsoft is buying Skype for $8.5 billion dollars cash in the largest acquisition ever by the US computer software giant.
ACS:Law Fined Over Data Breach
The solicitor who made money by accusing computer users of illegal file sharing has been fined £1,000.
Google Launches Beta Version of Music Site
Google launched an invitation-only test version of an online music service, which allows users to store up to 20,000 songs for use on various devices.
Apple and Google to Face US Lawmakers in Privacy Tussle
Apple and Google executives will be questioned by a congressional panel on how location-tracking may violate users’ rights.
Supreme Court of Canada to Hear Viagra Patent Challenge
Teva Canada’s leave to appeal was granted. It had unsuccessfully challenged Pfizer’s erectile dysfunction drug patent in Federal Court.
US House of Representatives Releases ‘Do Not Track Kids’ Bill
The draft bill would prohibit companies from tracking children on the internet, restrict online marketing and require the ability to remove kids’ personal information already online.
CBS Hit with Major Lawsuit for Contributing to Piracy
CBS is being sued for copyright infringement, as one of its websites, CNET, distributed P2P programs such as Limewire.
CRTC Sets High-Speed Internet Deadline
The CRTC expects 100% of the Canadian population to have high-speed Internet service by mid-decade.
China Sets Up Agency to Tighten Grip on the Internet
China announced a new State Internet Information Office to unify the squabbling agencies that oversee the Chinese Internet.
Looted Nazi Art Records to go on Online Database
Records about artwork stolen during World War II will be on an international database so items can be traced.
Company Helps Doctors to Own Copyright in Online Patient Reviews
Medical Justice provides a contract for doctors to ask their patients to sign. Under the contract, the doctor owns copyright in a patient’s online review and can ask an ISP to remove it.
Computer Experts Warn of Bin Laden Malware Scams
Cyber crooks were using “expected lures” in messages to dupe people into clicking on links booby-trapped with malicious software.
Nortel Gets Court Nod for Auction of Patents
Judges in the U.S. and Canada signed off on rules that will govern the June 20 sale of the collection of some 6,000 patents.
CBC Hiccup contravenes Elections Act
The CBC transmitted East Coast election results for a few minutes violating the Elections Act.
CBCNews.ca Closes Comments for Poll Blackout
The Canada Elections Act forbids any “premature transmission of results” until the last polls have closed in every electoral district in the country.
Superman ‘May End U.S. Citizenship’, says Action Comics
“‘Truth, justice and the American way’ – it’s not enough anymore,” Superman says, “The world is too small, too connected.”
Pakistani Programmer Unknowingly Tweets Bin Laden Operation
With his tweets, Sohaib Athar became “the guy who liveblogged the Osama raid without knowing it.”
WikiLeaks Releases US Cables Critical of Canadian Party Leaders on Eve of Election
The cables contained detailed assessments by US embassy officials in Ottawa of Harper, Ignatieff, and others.
April 2011
Will the Royal Wedding break the Internet?
Twitter feeds will be buzzing. Photos will be uploading. Websites will be serving up live streams of the royals.
Privacy Commissioner’s Office and Sony PlayStation Hack
The Privacy Commissioner is currently looking into the matter and seeking information from Sony.
Will Facebook Pals Predict Election Winners?
“With 17 million Canadians on Facebook, we thought that we’d conduct a social experiment[...]”
Twitter Provides Snapshot of Who is Following Party Leaders
Automated programs (“bots”) are rampant on Twitter and on the leaders’ lists of followers.
Hackers Target Ontario Court Computers
The Ministry of the Attorney General temporarily shut down www.ontariocourts.ca after being hacked by a group called “Turkish defacers.”
Syria’s ‘Well Organised’ Cyber-Activists
Online activists in Syria have succeeded in getting amateur film footage out of the country despite the security crack-down.
Google Loses Linux Patent Lawsuit
The ruling could spur a flood of claims against other Linux users and spell trouble for the open-source movement.
PlayStation Outage Stretches into 6th Day
Sony has blamed an “external intrusion”, saying it has to add security measures and strengthen the system’s infrastructure.
‘IM RICH’ Facebook Post gets Suspected Bank Robbers Charged
Authorities were alerted to the Facebook posts via an anonymous Crime Stoppers tip.
US Jury Finds Mattel did not Prove Bratz Ownership
The jury rejected Mattel Inc.’s claims that it owns the copyright to Bratz dolls and instead awarded MGA Entertainment Inc. more than $88 million for misappropriation of trade secrets.
Samsung Sues Apple After Accusations of ‘Copying’
The patent lawsuits, filed in South Korea, Japan and Germany, involve infringement of up to five patents.
Ban on Twitter and Facebook Election-Night Posts is Draconian
Imagine living in a country where you could face a maximum $25,000 fine, or up to five years in prison, for “tweeting” about election results.
Novell Changes Patent Sale Terms to Appease US DOJ
The DOJ said the original deal would have jeopardized the ability of open-source software, such as Linux, to compete in server, desktop and mobile operating systems.
Pirate Party Fights Internet Monitoring
There are 10 Pirate party candidates running in five provinces on a platform that focuses on copyright and protection of property.
Yahoo to Keep Personal Search Data for 18 Months Instead of Three
The retention of search term histories has long been a point of contention in debates over digital privacy.
ACS:Law Facing Costs over Cases against Illegal File-Sharers
A UK Court has decided to press ahead with a hearing on wasted costs.
RIM Said to Consider Bid for Nortel Telecom Patents
Research In Motion Ltd. is considering a bid that would top Google Inc.’s $900 million offer.
Apple Hit With Class Action Lawsuit
Parents allege that Apple lets minors purchase virtual goods in app games without parental approval.
US Cybercriminal Ring Dismantled
The FBI targeted a malware program called Coreflood, which allowed cybercriminals to take over unsuspecting computers and record key strokes.
YouTube Sentences Offenders to Copyright School
If Google expels you for breaking copyright laws, an online class at YouTube’s Copyright School can get you back in.
Nortel Mediation Ends in Failure
Nortel warns that the distribution of billions of dollars to creditors and other stakeholders could be significantly delayed.
Who Wants to Charge a $75 iPod Tax?
There are problems with the Conservatives saying the Liberals, NDP and Bloc support a $75 iPod tax…
Writer, Jonathan Tasini, sues Huffington Post and AOL claiming Part of Sale Price
Tasini claims that he and other writers were not paid appropriately for their work, filed suit in a New York US District Court, and is seeking class action status.
Senators Kerry and McCain introduce ‘Privacy Bill Of Rights’
The bill follows a Senate hearing in which the Obama administration called for legislation to protect consumer privacy.
EU Telecommunications Operators Seek to Rush Through Price Rises
In Germany, Italy and Spain, the former telco monopolies have sought increases of as much as 25 percent over three years in their wholesale access charges.
US Court Upholds Facebook Settlement With Winklevoss Twins
A federal appeals court ruled that the brothers cannot back out of a settlement they signed with the company in 2008, now worth about $200 million
US House Votes Against ‘Net Neutrality
‘The House of Representatives approved a measure on Friday that would prohibit the Federal Communications Commission from regulating how Internet service providers manage their broadband networks.
Dispute Over Target Name Heads to Court in May
American discount department chain Target Corp. will seek an injunction to block the Canadian company that owns the Fairweather womenswear chain from using the name “Target Apparel” in its stores.
Harper “Imagine” Duet Killed by YouTube Over Copyright
The question is why Harper’s version was targeted and not others on the site — including one featuring former US president Bill Clinton.
Yahoo to Appeal Italian Court’s Ruling regarding Search Results
Yahoo is planning to appeal an Italian court’s ruling that it should remove links leading to a pirated Iranian movie from its search index.
Net Giants Challenge French Data Law
The French Association of Internet Community Services (ASIC) is fighting requirements to keep web users’ personal data for a year and hand it over to authorities if demanded.
Californian Do-Not-Track Bill Could Lead the US in Online Privacy Laws
The law would require websites to not monitor the actions of web surfers on computers, smartphones, tablets and any other internet devices.
Charlie Sheen tries to Trademark ‘Duh, Winning’ and Other Phrases
A company with ties to the actor applied to trademark 22 of his catchphrases, including “Duh, Winning,” ”Vatican Assassin,” ”Tiger Blood” and “Rock Star From Mars.”
Apple Wins Reversal Of $625.5 Million Mirror Worlds Verdict
A US federal judge has overturned a federal jury’s order that Apple Inc. pay $625.5 million in damages, thereby dismissing one of the largest-ever patent infringement verdicts.
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