" /> Internet and IP Law Roundup: January 2006 Archives

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January 25, 2006

CNN.com - Google agrees to China censorship - Jan 25, 2006

CNN.com - Google agrees to China censorship - Jan 25, 2006:


SAN FRANCISCO (AP) -- Online search engine leader Google Inc. has agreed to censor its results in China, adhering to the country's free-speech restrictions in return for better access in the Internet's fastest growing market.

The Mountain View, Calif.-based company planned to roll out a new version of its search engine bearing China's Web suffix ".cn," on Wednesday. A Chinese-language version of Google's search engine has previously been available through the company's dot-com address in the United States.

By creating a unique address for China, Google hopes to make its search engine more widely available and easier to use in the world's most populous country. (Watch the same search on two Googles)

Very good "fair use" opinion re Google's cache

Very good "fair use" opinion re Google's cache:


A district court in Nevada has rejected the claim that Google’s cache violates copyright law. The opinion is grounded both on “fair use” and implied license. The “fair use” part of the opinion is fantastic. But interestingly, the “implied license” part of the opinion weakens any such claim in the context of Google Book Search.



The Telco Camel in the Internet Tent - John Quarterman

The Telco Camel in the Internet Tent:


I keep alluding to telcommunications companies wanting to limit the Internet.
Here's a pithy summary by Scott Bradner of how the Internet is different and what's happening now.
He notes that telephone companies were present at the earliest public demonstration of the ARPANET and AT&T was even
offered an early opportunity to run it.
None of the telcos were interested back then, so the followon Internet was mostly left alone both by the telcos
and by government regulatory agencies.


This neglect meant that developers were free to experiment with new applications over the Internet. There was no carrier telling users what applications they could or could not run, no carrier that you had to get permission from before you were able to deploy a new Internet-based service. The Internet was just a collection of wires, most of which were bought from the telephone companies by ISPs, who paid what the telephone companies determined was a reasonable fee for use of the wires. The cost of the wire did not depend on what Internet services were running over it, just like the cost of your car does not depend on whom you transport in it. ISP customers paid the phone companies for the wires and paid ISPs for Internet service based on the size of the wire they were using. Everything was simple.


But some of the telephone companies want to change this. They want to charge Google and others to send packets to you. The fact that you have already paid for the wire and the Internet service that Google is using to send those packets is ignored. The phone companies say that they want to let Google pay more to make Google's packets get to you "better," but this is the blunt end of the camel well into the tent.



Blocking the power of the Internet

By Scott Bradner, Network World, 01/16/06


Telephone companies always used to charge by time, which they do for the INternet in some countries, such as New Zealand,
and in Europe some telcos succeeded in charging per byte for a while.
Now in the states they're moving to charge effectively by type of application.
I think this means they need to fix their rates.
They think otherwise, obviously.
I think their thinking is a risk not only to their own businesses, but also to every business that depends on the Internet.


-jsq

WIPO Responds to Significant Cybersquatting Activity In 2005

WIPO Responds to Significant Cybersquatting Activity In 2005:


In a report released today, the World Intellectual Property Organization (WIPO) has announced a 20% increase in the number of cybersquatting (abusive registration of trademarks as domain names) cases filed in 2005 as compared to 2004. The report further indicates that "in 2005, a total of 1,456 cybersquatting cases were filed with WIPO's Arbitration and Mediation Center. This increase represents the highest number of cybersquatting cases handled by the WIPO Center since 2001."

January 20, 2006

Logo Not Copyright Management Information Under DMCA - From The Trademark Blog

Logo Not Copyright Management Information Under DMCA:


Removal of a trademark logo and link is not 'removal of copyright management information' as barred by the DMCA. The District Court for New Jersey dimissed a copyright claim, interpretating 'copyright management information' as being part of an automated system, not part of a manual system (such as affixation of a copyright notice).


IQ Group v. Weisner Publishing, 03-5221 (D NJ Jan. 10, 2006) (via Rutgers, via BNA).



Domain Name Containing Trademark Translation is Determined Confusingly Similar

Domain Name Containing Trademark Translation is Determined Confusingly Similar:


Interesting WIPO case (D2005-1085): Complainant (Saint-Exupery estate) owns "Le Petit Prince" in EU, US, and other countries. The translation of "Le Petit Prince" is "The little prince". Respondent registered 'thelittleprince.com'. Is such a domain name confusingly similar to the trademark?

January 13, 2006

The Million TM-infringement homepage? (Wendy Seltzer)

The Million TM-infringement homepage? (Wendy Seltzer):


How many trademark infringements can you spot in the The Million Dollar Homepage? Among all the ads for free porn, free domain names, and free gambling (only the first click is free), I spot least eBay and Yahoo! logos that don't go to those companies' websites. I can't tell whether they're associated listing services, click-through affiliate links, or phishing expeditions, but I imagine the companies would have a decent trademark claim against someone who used the logos for unrelated commercial gain. Even those offering companion services, such as eBay listing facilitators, might not win with a TM fair use defense.

See this Washington Post story for more on the site and its bubble-story.



January 06, 2006

law.com - Chat Room Chatter Draws Lawsuit

law.com - Chat Room Chatter Draws Lawsuit:


Do the courts have jurisdiction over what people say in Internet chat rooms?

That question is being played out in what some lawyers claim is a first-of-its-kind lawsuit in Ohio, where a man claims he was humiliated online in an Internet chat room, and has filed a lawsuit over the incident.

The plaintiff, George Gillespie of Medina County, Ohio, is suing America Online for allegedly failing to do anything about the abuse he endured in the chat room, and the two chat room participants who allegedly caused him emotional distress by teasing him. Gillespie v. America Online, No. 05CIV1255 (Medina Co., Ohio, Ct. C.P.).

According to court documents, the chat room participants "acted in an outrageous manner, which they knew or should have known would cause serious emotional distress to the plaintiff ... The Defendants' conduct was so extreme and contemptible as to go beyond all possible bounds of decency."

The Politics of Email Authentication, 2006 Edition - Circle ID

The Politics of Email Authentication, 2006 Edition:


A student at a well-known US university wrote me and asked whether, given the huge national interest in getting the industry to unite behind (at least) one format, did I think that the FTC should've played a stronger role in pushing the industry to adopt an authentication format? I said: Nope. Part of the reason it's taking so long to agree on a standard is that the process is infested with academic theoreticians who are more interested in arguing about hypotheticals and pushing their pet spam solutions than in doing something useful...

January 02, 2006

Sony settles 'rootkit' class action lawsuit | CNET News.com

Sony settles 'rootkit' class action lawsuit | CNET News.com:


Sony BMG has struck a deal with the plaintiffs in a class action lawsuit over copy-restriction software it used in music CDs, according to a settlement document filed at a New York court Wednesday.


The record label has agreed to compensate buyers of CDs that contained the XCP and MediaMax DRM programs and to provide software utilities to allow consumers to uninstall both types of software from their computer.

The furor over Sony's DRM software began at the end of October when a U.S. programmer discovered that XCP software on a Sony music CD had installed copy-restriction software on his computer that was hidden using a rootkit. Antivirus companies later discovered Trojan horses that exploited this software to avoid detection and found that another type of Sony DRM, MediaMax, also posed a security risk.

Stock Market News and Investment Information | Reuters.com

Stock Market News and Investment Information | Reuters.com:


WASHINGTON, Dec 30 (Reuters) - BlackBerry e-mail service provider Research In Motion Ltd. (RIM.TO: Quote, Profile, Research)(RIMM.O: Quote, Profile, Research) said on Friday the U.S. patent office has ruled against two more NTP Inc. patents in their fight over the popular service.

The U.S. Patent and Trademark Office has issued "non-final actions" rejecting claims for two NTP patents involved in the dispute with RIM, which has faced a shutdown of its service in the United States, RIM said.

"The Patent Office's latest rulings corroborate RIM's long-standing contention that the NTP patents are invalid and the rulings also demonstrate that the Patent Office is acting with special dispatch to address the court's concern and the public interest, Mark Guibert, RIM's vice president of corporate marketing, said in a statement.

Closely held NTP, a patent holding company, successfully sued RIM for patent infringement in 2002. It later won an injunction, stayed pending appeal, to halt sales of RIM's BlackBerry device and service in the United States.

With the court appeal process largely exhausted, RIM has moved closer to a possible shutdown in the United States. A U.S. judge in Virginia is considering NTP's request to lift the stay, which would halt RIM's service in the country.