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Google Appeals Ruling that Use of Java APIs in Android Violates Oracle’s Copyrights

By Katherine Kwong– Edited by Ashish Bakshi

On October 6, Google filed a petition for writ of certiorari with the U.S. Supreme Court, asking the Court to rule on whether copyright protections extend to the software’s “system or method of operation,” such as application programming interfaces (APIs). Google urges the Court to overturn the Federal Circuit’s previous decision, arguing that allowing long-term copyrights on systems and methods of operations would stifle innovation and creativity.

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Flash Digest: News in Brief

By Ariane Moss

Microsoft Tax Banned in Italy

California Responds to Data Breaches by Strengthening Privacy Laws

EU Court Rules Embedding Is Not Copyright Infringement

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Google Appeals Ruling That Use of Java APIs in Android Violates Oracle’s Copyrights

By Katherine Kwong – Edited by Ashish Bakshi

On October 6, Google filed a petition for writ of certiorari with the U.S. Supreme Court, asking the Court to rule on whether copyright protections extend to the software’s “system or method of operation,” such as APIs. Google urges the Court to overturn the Federal Circuit’s previous decision, arguing that allowing long-term copyrights on systems and methods of operations would stifle innovation and creativity.

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UN Report Finds Government Mass Surveillance Violates Privacy

By Olga Slobodyanyuk – Edited by Jesse Goodwin

The UN Report from the Special Rapporteur on Counter-Terrorism and Human Rights found that government Internet mass surveillance violates Article 17 of the ICCPR by impinging individuals’ privacy.

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Functional Claim Elements Must Be Backed by Sufficient Structural Guidance

By Asher Lowenstein – Edited by Mengyi Wang

The Federal Circuit found that patent claim terms that offer no guidance to structure and are solely functional are means-plus-function terms and indefinite under § 112(f).

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Delaware District Court Distinguishes Posting and Publication for Purposes of the Copyright Act.

By Ian C. Wildgoose Brown – Edited by Stephanie Weiner

Moberg v. 33T LLC, Civil No. 08-625(NLH)(JS) (D. Del. Oct. 6, 2009).
Opinion

On October 6, the United States Court for the District of Delaware ruled in a case of first impression that a photograph posted to the Internet from a foreign server is not a “United States work” within the meaning of section 411 of the Copyright Act, and thus need not be registered in the U.S. in order to bring suit for infringement. 17 U.S.C § 411(a). Håkan Moberg, a Sweden-based photographer, brought a copyright infringement action against 33T, LLC, a Delaware corporation, and Cedric and Erwan Leygues, France-based website operators, for unauthorized use of photographs he had displayed on a German website in 2004.  The court denied the defendants’ motion to dismiss, allowing the photographer to go forward with his suit without having to first register his copyright in the United States.

Loeb & Loeb LLP provides an overview of the case. Ex©lusive Rights suggests that the outcome was largely inconsequential. But CyberLaw Currents sees the case as significant for international copyright law. (more…)

Posted On Oct - 18 - 2009 Comments Off READ FULL POST

By Davis Doherty

Freedom of Speech Prevails in UK Thanks to Twitter

On October 12, the UK-based newspaper The Guardian reported it was unable to report on a question asked of a minister during Parliamentary proceedings due to “legal obstacles, which cannot be identified.” Political bloggers and tweeters quickly responded, reporting the question was related to the oil-trading company Trafigura, which is under investigation for allegedly dumping toxic waste in the Ivory Coast. Within hours, Trafigura rose to the top of the Twitter “trending topics.” The resulting publicity led the company to relax the terms of its court-ordered gag rule. On October 13, the Guardian reported the details of Trafigura’s “super-injunction,” a gag order so broad that it prevented the newspaper from revealing the injunction’s existence.

Copyright Treaty a Secret, Unless You’ve Got Connections

The next round of negotiations for the multinational Anti-Counterfeiting Trade Agreement (“ACTA”) is scheduled to run November 4 through November 6 in Korea, but the United States Trade Representative is being coy about its contents. Wired reports that although the language of the treaty is classified, forty-two individuals from the private sector are allowed access to its contents under a nondisclosure agreement. Their names, including both industry and public interest organization representatives, were revealed after Knowledge Ecology International requested the information under the Freedom of Information Act.

Winner of Patent Suit Against Microsoft Sues Internet Giants

Eolas, an internet technology company that won a patent-infringement suit against Microsoft in 2003, is now taking action against the rest of the high-tech world. Ars Technica and CNET reported on October 6 that Eolas, which holds two patents related to web browser plug-in technology, is suing twenty-three other companies for infringement in the U.S. District Court for the Eastern District of Texas. After withstanding Microsoft’s legal challenges to its patent in the 2003 case, Eolas is looking to repeat its success against the likes of Apple, Amazon, Google, Yahoo, and YouTube. However, a Supreme Court decision in the upcoming case Bilski v. Doll may reduce Eolas’ chances at court if software patents are weakened.

By Davis Doherty

Freedom of Speech Prevails in UK Thanks to Twitter

On October 12, the UK-based newspaper The Guardian reported it was unable to report on a question asked of a minister during Parliamentary proceedings due to “legal obstacles, which cannot be identified.” Political bloggers and tweeters quickly responded, determining the question was related to the oil-trading company Trafigura, under investigation for allegedly dumping toxic waste in the Ivory Coast. Within hours, Trafigura rose to the top of the Twitter “trending topics.” The resulting publicity led the company to relax the terms of its court-ordered gag rule. On October 13, the Guardian reported the details of Trafigura’s “super-injunction,” a gag order so broad that it prevented the newspaper from revealing the injunction’s existence.

Copyright Treaty a Secret, Unless You’ve Got Connections

The next round of negotiations for the multinational Anti-Counterfeiting Trade Agreement (ACTA) is scheduled to run November 4 through November 6 in Korea, but the United States Trade Representative is being coy about its contents. Wired reports that although the language of the treaty is classified, forty-two individuals from the private sector are allowed access to its contents under a nondisclosure agreement. Their names, including both industry and public interest organization representatives, were revealed after Knowledge Ecology International requested the information under the Freedom of Information Act.

Winner of Patent Suit Against Microsoft Sues Internet Giants

Eolas, an internet technology company that won a patent-infringement suit against Microsoft in 2003, is now taking action against the rest of the high-tech world. Ars Technica and CNET reported on October 6 that Eolas, which holds two patents related to web browser plug-in technology, is suing twenty-three other companies for infringement in the U.S. District Court for the Eastern District of Texas. After withstanding Microsoft’s legal challenges to its patent in the 2003 case, Eolas is looking to repeat its success against the likes of Apple, Amazon, Google, Yahoo, and YouTube. However, a Supreme Court decision in the upcoming case Bilski v. Doll may reduce Eolas’ chances at court if software patents are weakened.

Posted On Oct - 17 - 2009 Comments Off READ FULL POST

Back to Drawing Board for Pa. State Legislature in Protecting Trademark Holders
By Brittany Blueitt – Edited by Stephanie Weiner

Commonwealth of Pennsylvania v. Omar, No. J-162A-B-2008 (Pa. Oct. 5, 2009)
Majority Opinion (Baer, J.)
Concurring Opinion (Castille, J.)
Dissenting Opinion (Eakin, J.)
Dissenting Opinion (Greenspan, J.)

On October 5, the Supreme Court of Pennsylvania affirmed two consolidated Centre County Court of Common Pleas decisions dismissing criminal trademark counterfeiting charges on the ground that Pennsylvania’s Trademark Counterfeiting Statute, 18 Pa. Cons. Stat. § 4119, is unconstitutionally vague and overbroad.  The court held that the statute is unconstitutional because it criminalizes a substantial amount of speech protected by the First Amendment of the United States Constitution.  Commonwealth v. Omar, No. J-162A-B-2008, slip op. at 10 (Pa. Oct. 5, 2009).

IP Spotlight provides an overview of the case. CNBC features an extended analysis of the decision.  The Madisonian declares the decision overly formalistic. (more…)

Posted On Oct - 16 - 2009 Comments Off READ FULL POST

Court Rules That Software License Transfers Ownership
By Kate Wevers – Edited by Anthony Kammer

Vernor v. Autodesk, Inc., No. C07-1189RAJ (W.D. Wash., Sept. 30, 2009)
Opinion

On September 30, the United States District Court for the Western District of Washington granted, in part, Vernor’s motion for summary judgment against Autodesk.After Autodesk became aware of Vernor’s attempts to sell copies of its copyrighted software, AutoCAD, on eBay, it invoked the takedown provisions of the Digital Millennium Copyright Act, causing Vernor to be barred from selling anything on eBay for a month. Vernor sued, seeking, among other remedies, declaratory judgment that these sales were not in violation of copyright. In granting summary judgment for Vernor, the Court held that a customer who had acquired AutoCAD packages pursuant to Autodesk’s software license agreement (“License”) became an owner of the physical copies of the software with the right to resell the AutoCAD packages under the first sale doctrine (17 USC § 109(a)).

The Court also accepted that the owner was protected from claims of contributory copyright infringement by 17 USC § 117. The Court had previously considered very similar issues in the context of Autodesk’s earlier motion to dismiss. See Vernor v. Autodesk, Inc., 555 F. Supp. 2d 1164 (W.D. Wash. 2008)).

A selection of briefs and relevant court documents are available here. The Technology & Marketing Law Blog provides a useful overview and analysis of the case. The outcome was heralded as pro-consumer by the Electronic Frontier Foundation, but Blog Nauseum suggests that the decision is not much of a win for consumers. (more…)

Posted On Oct - 12 - 2009 Comments Off READ FULL POST

Stanford University Patent Infringement Case Is Dismissed and University Learns Lesson in Drafting Assignment Agreements
By Adrienne Baker – Edited by Anthony Kammer

Bd. of Trs. v. Roche Molecular Sys., Inc., 2008-1509, -1510 (CAFC Sept. 30, 2009) Opinion

On September 30, the Court of Appeals for the Federal Circuit (“CAFC”) affirmed in part, vacated in part, and remanded with instructions the District Court for the Northern District of California decision. The lower court’s decision held several Stanford University patents invalid for obviousness, dismissed Roche’s counterclaim for judgment on ownership, and declined to consider Roche’s affirmative defense based on ownership.  The CAFC vacated the lower court’s decision that Stanford’s patents were invalid and ruled that the University did not have standing to sue, because of contract language indicating that the patent rights belong to an outside corporation. Additionally, the CAFC affirmed the lower court’s decision that Roche’s counterclaim for judgment on ownership was barred due to a four-year statute of limitations.  However, unlike the lower court, the CAFC held that statute of limitations does not preclude a party from raising affirmative defenses.

PatentlyO provides an overview of the case.  Inside Higher Ed expressed surprise that the case turns on the language of Stanford’s assignment agreement and not on other substantive issues, such as the interplay with federal Bayh-Dole Act and the bona fide purchaser arguments. (more…)

Posted On Oct - 12 - 2009 Comments Off READ FULL POST
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Google Appeals Rulin

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UN Report Finds Gove

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