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Newegg Wins Patent Troll Case After Court Delays

By Kasey Wang – Edited by Yunnan Jiang and Travis West

The District Court for the Eastern District of Texas recently issued a final judgement for online retailer Newegg, twenty months after trial, vacating a $2.3 million jury award for TQP. TQP, a patent assertion entity commonly known as a “patent troll,” collected $45 million in settlements for the patent in question before Newegg’s trial.

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The Evolution of Internet Service Providers from Partners to Adversaries: Tracking Shifts in Interconnection Goals and Strategies in the Internet’s Fifth Generation

By Robert Frieden – Edited by Marcela Viviana Ruiz Martinez, Olga Slobodyanyuk and Yaping Zhang

In respone to increasing attempts by Internet Service Providers to target customers who trigger higher costs for rate increases, the FCC and other regulatory agencies worldwide have stepped in to prevent market failure and anticompetitive practices. This paper will examine new models for the carriage of Internet traffic that have arisen in the wake of these changes.

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The Global Corporate Citizen:  Responding to International Law Enforcement Requests for Online User Data 

By Kate Westmoreland – Edited by Yunnan Jiang

This paper analyses the law controlling when U.S.-based providers can provide online user data to foreign governments. The focus is on U.S. law because U.S. dominance of internet providers means that U.S. laws affect a large number of global users. The first half of this paper outlines the legal framework governing these requests. The second half highlights the gaps in the law and how individual companies’ policies fill these gaps.

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Symposium Introduction: Legal Issues in Computer and Internet Law and the Quagmire of Appropriate Legal Frameworks in the Modern Era

By Deborah Beth Medows – Edited by Yaping Zhang

Jurists must widely examine the pervasive challenges among the advents in Internet and computer technology in order to ensure that legal systems protect individuals while  encouraging innovation.  It is precisely due to the legal and societal quagmires that 3D printing and net neutrality pose that ideally position them as springboards from which to delve into broader discussions on technology law.

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A Victory for Compatibility: the Ninth Circuit Gives Teeth to RAND Terms

By Stacy Ruegilin – Edited by Ken Winterbottom

Microsoft won a victory in the Ninth Circuit last Thursday after the court found that Motorola, a former Google subsidiary, had breached its obligation to offer licenses for standards-essential technologies at reasonable and non-discriminatory rates. The court affirmed a $14.52 million jury verdict against Motorola for the breach.

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By Albert Chen – Edited by Andrew Spore

S.B. 962, 2014 Leg., Reg. Sess. (Cal. 2014)
Bill

On February 6, 2014, California State Senator Mark Leno (D-San Francisco) introduced Senate Bill 962. The bill would mandate that all smartphones sold in California must be equipped with a “kill switch,” allowing consumers to disable a lost or stolen phone. S.B. 962 at 1. The bill aims to deter phone thefts, which account for one in three robberies in the United States. Id. at 2. California State Assemblywoman Nancy Skinner said she will carry the bill, if it clears the Senate, reports SFGate.

According to Mashable, if the bill passes, California would lead the nation in requiring anti-theft technology for smart phones. Ars Technica speculates that, due to California’s size, this may lead to a de facto standard nationwide.

(more…)

Posted On Feb - 18 - 2014 Comments Off READ FULL POST

By Mengyi Wang – Edited by Sarah O’Loughlin

Photo By: C DCC BY 2.0

Last weekend, Los Angeles residents stood in line to taste free coffee at a new coffee shop in town: “Dumb Starbucks.” The stunt was later discovered to have been orchestrated by Comedy Central comedian Nathan Fielder, Quartz reports. Although short-lived—the shop was shut down by the Los Angeles Health Department for operating without a health permit— Dumb Starbucks drew considerable attention and raised an array of legal issues.

According to The Wall Street Journal, Dumb Starbucks opened on Friday, February 7. The shop was identical to a real Starbucks shop except that the word “dumb” affixed to everything in sight. The shop offered, for free, items including “Dumb Vanilla Blonde Roast,” “Dumb Chai Tea Latte,” and “Dumb Caramel Macchiato” in sizes “Dumb Venti,” “Dumb Grande,” and “Dumb Tall.” The CDs sitting on a shelf by the cash register included “Dumb Jazz Standards,” “Dumb Norah Jones Duets”, and “A Dumb Taste of Cuba.” The “dumb” theme also extended to its logo, with “dumb” inserted into the outer ring of the Starbucks logo, reports Time. (more…)

Posted On Feb - 15 - 2014 Comments Off READ FULL POST

By Aditya Gupta – Edited by Kathleen McGuinness

Professors’ Letter In Support of Patent Reform Legislation (Nov. 25, 2013), letter hosted by PatentlyO.com
Statement from the Higher Education Community on H.R. 3309, The Innovation Act (Nov. 8, 2013), statement hosted by
Statement from the Higher Education Community on Amendment in the Nature of a Substitute to H.R. 3309 (Nov. 19, 2013), statement hosted by aamc.org

Photo By: Kate Ter HaarCC BY 2.0

The Innovation Act, a legislation that received bipartisan support in the House Judiciary Committee and more recently the House of Representatives, has also received support from a group of sixty professors teaching intellectual property law at universities across the United States. The professors have addressed a letter to Congress expressing strong support for the patent reform legislation, citing the “abusive practices” adopted by patent trolls and the negative impact of such practices on small companies and large manufacturers. In contrast, a group of six major education organizations have issued two statements, dated November 8 and 19, 2013 raising concerns over the draft of the Innovation Act and claiming that, in its current form, the provisions of the Act raise a “specter of unintended problems.”

PatentlyO reports the letter by the law professors stating that the professors’ case has merit but contains certain broad – brush statements and is overtly in favor of large corporate entities. Timothy Lee of The Washington Post is surprised by the stance taken by the university organizations, though he suggests that the unintended effects of the legislation may be beneficial, since they could rein in aggressive patent licensing efforts by universities. (more…)

Posted On Dec - 18 - 2013 Comments Off READ FULL POST

Automattic Inc. & Hotham v. Steiner
Automattic Inc. & Retraction Watch, LLC v. Chatwal
By Travis West – Edited by Natalie Kim

Complaint, Automattic Inc. & Oliver Hotham v. Nick Steiner (N.D. Cal. filed Nov. 21, 2013)
Complaint, Automattic Inc. & Retraction Watch, LLC v. Narendra Chatwal (N.D. Cal. filed Nov. 21, 2013)
Hotham Complaint, Retraction Watch Complaint hosted by Automattic

Hacked By Over-XAutomattic, the owner of WordPress.com and a major developer of the WordPress software, has sued two parties for using the notice-and-takedown provision of the Digital Millennium Copyright Act (“DMCA”) to stifle criticism. Automattic alleges that the two parties abused the provision and are seeking damages under 17 U.S.C. § 512(f) for misrepresentation. Automattic is one of the largest blog hosting companies, and its decision to go after parties that use fraudulent copyright takedown notices could mark a shift in how content hosts handle DMCA takedown requests.

Automattic explains why it chose to sue over these two incidents. Ars Technica provides additional coverage of the lawsuit, including some problems Automattic would face in collecting from the defendants if it succeeded. Cory Doctorow on BoingBoing, the Electronic Frontier Foundation (“EFF”), and TechCrunch praise Automattic for taking a stand against the use of the DMCA to censor critics. (more…)

Posted On Dec - 6 - 2013 Comments Off READ FULL POST

GoldieBlox, Inc. v. Island Def Jam Music Group
By Elise Young – Edited by Alex Shank

Complaint for Declaratory Judgment and Injunctive Relief, GoldieBlox, Inc. v. Island Def Jam Music Group, A Div. of UMG Recordings, Inc., No. 3:13-cv-05428 (N.D. Cal. Nov. 21, 2013)
Complaint hosted by Scribd

Photo By: ricaroseCC BY 2.0

Over the last few weeks, hip-hop group the Beastie Boys and GoldieBlox, a start-up company in the business of developing engineering toys for girls, started down the path towards copyright litigation over use of the Beastie Boys’ song “Girls” in a GoldieBlox advertisement. On November 21, after the Beastie Boys’ legal counsel threatened suit, GoldieBlox filed for declaratory judgment that its use of the song was fair use. Complaint, at 2–3. The Beastie Boys responded with an open letter emphasizing the group’s consistent refusal to allow use of their songs in advertising. On November 27, GoldieBlox removed the advertisement and promised to drop the suit if the Beastie Boys’ legal team similarly backed down. GigaOM provides an overview of the fight and some legal analysis on the fair use issue. Forbes examines GoldieBlox’s change in strategy. Mashable discusses how the disagreement benefits GoldieBlox’s PR. (more…)

Posted On Dec - 5 - 2013 Comments Off READ FULL POST
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Newegg

Newegg Wins Patent T

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Photo By: Brian Hawkins - CC BY 2.0

The Evolution of Int

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