A student-run resource for reliable reports on the latest law and technology news
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Silk Road 2.0 Takedown Indicates Law Enforcement May Have Developed a Method to Trace Hidden Tor Websites

By Steven Wilfong — Edited by Travis West

The complaint filed against Blake Benthall, the alleged operator of Silk Road 2.0, indicates that the FBI identified a server that was used to host the popular drug market website, despite the fact that the website’s location was hidden by the Tor anonymity software.  Law enforcement may have developed a method of compromising Tor anonymity, a possibility that would prove useful in future operations, but that also raises concerns for legitimate users.

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Federal Circuit Flash Digest: News in Brief

By Ken Winterbottom

Motion to Dismiss in Hulu Patent Infringement Suit Affirmed

“Virtual Classroom” Patent Infringement Case Remanded for Further Determination

Attorney Publicly Reprimanded for Circulating Email from Judge

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Spain Passes a “Google Tax,” Analysts Predict it Will be Short-Lived

By Michael Shammas — Edited by Yixuan Long

Spain recently amended its Intellectual Property Law and Code of Civil Procedure to levy fees on aggregators that collect snippets of other webpages. It is at least the third example of a European government fining search aggregators to support traditional print publishing industries, a practice often labeled a “Google tax” because of the disproportionate impact such laws have on the search giant. Some analysts are already predicting that Spain’s new law will fail.

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Federal Circuit Tightens Patent Standing Requirement in Azure Networks

By Kathleen McGuinness – Edited by Sabreena Khalid

In Azure Networks, LLC v. CSR PLC, the Federal Circuit ruled that patent owners who had licensed “all substantial rights” to a third party could not be joined as plaintiffs in a suit on that patent. The court also reaffirmed the high bar to proving that a patentee has redefined a well-understood technical term.

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Flash Digest: News in Brief

By Viviana Ruiz

Russia’s Intellectual Property Court affirms denial of Ford’s trademark application

Contrary to its advertising efforts, Red Bull does not give you wings

Federal Court rules that food flavors are not trademarkable

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Maracich v. Spears
By Natalie Kim – Edited by Mary Grinman

Photo By: . .CC BY 2.0

Maracich v. Spears, No. 12-25, 570 U.S. ___ (June 17, 2013)
Slip Opinion

On Monday, the Supreme Court held that the “litigation exception” of the Driver Privacy Protection Act (“DPPA”), 18 U.S.C. §§ 2721–2725, did not apply to attorney solicitation of clients, vacating a decision of the 4th Circuit. On remand, the lower court must determine whether Spears’ communications were sent with “the predominant purpose of solicitation.” Maracich, slip op. at 29.

Overlawyered summarizes the holding, speculating which points may be more relevant on remand. Cato expresses surprise at how every Justice switched sides since another significant privacy case two weeks ago, Maryland v. King, No. 12-207, 569 U.S. ___ (June 3, 2013) (holding that post-arrest cheek swabs were legitimate police booking procedures under the Fourth Amendment). NYTimes mentions that this could expose routine attorney activity to “huge” civil and criminal liability.

(more…)

Posted On Jun - 23 - 2013 1 Comment READ FULL POST

By Kathleen McGuinness

Icon-newsGoogle News Becomes Opt-In in Germany

Following Germany’s recent broadening of copyright protection for news “snippets,” Google News changed their user policy for publishers in Germany, requiring publishers to opt in to Google News participation using a new confirmation system. Forbes provides a translation of the new policy. Tools like robots.txt, which prevent Google from indexing a page, will still be recognized. In all other countries, Google News remains opt-out; publishers who do not want excerpts of their work reprinted in search results must use tools like robot.txt or inform Google that they do not want their pages to be indexed, both of which prevent results from appearing in Google searches. TechCrunch gives an explanation of the history of the new law and its implications.

Federal Circuit Rules that Software Patent Is Not an “Abstract Idea”

On Friday, the Federal Circuit in Ultramercial v. Hulu, No. 2010-1544 (Fed. Cir. June 21, 2013), found to be valid a patent protecting a method of distributing copyrighted content online without user payments, in exchange for the user viewing an advertisement which would pay for the copyrighted content. The court focused on the pro-protection history of the most recent changes to the Patent Act, the fact that the patent did not cover every application of the abstract idea, and on Supreme Court precedent indicating that a patent tying an abstract idea to a specific method for doing something with a computer is not too abstract to merit protection. IP Spotlight describes the holding and its implications in more detail.

Tokyo Court Rules for Apple, Against Samsung in Bounce-Back Patent Dispute

On Friday, a Tokyo court ruled that Samsung had infringed Apple’s controversial “bounce-back” patent on certain earlier models of Samsung smartphones. The status of Apple’s U.S. patent on the bounce-back user interface element remains in contention; the PTO ruled that the patent was invalid earlier this year, but recently decided that some elements of the interface were patentable. Reuters has a short summary. Apple and Samsung have gone back and forth in their Tokyo patent disputes; last August, Apple lost a suit against Samsung over music and video synchronization on smartphones. Bloomberg describes the business history and implications of the decision.

Posted On Jun - 22 - 2013 Comments Off READ FULL POST

Organic Seed Growers and Trade Ass’n v. Monsanto Co.
By Kathleen McGuinness – Edited by Jennifer Wong

Photo By: the yes manCC BY 2.0

Organic Seed Growers and Trade Ass’n v. Monsanto Co., 2012-1298, (Fed. Cir. Jun. 10, 2013).
Slip Opinion

On June 10, the U.S. Court of Appeals for the Federal Circuit dismissed an action seeking a declaratory judgment of non-infringement and invalidity with respect to three biotechnology patents owned by Monsanto, affirming the lower court’s holding that there was no justiciable case or controversy and dismissing for lack of jurisdiction. The court held that Monsanto’s assurances that it would not take legal action in cases of inadvertent contamination by their proprietary transgenic seeds constituted a legally binding disclaimer of intent to sue. Since the plaintiffs had taken no steps to remove themselves from the protection of this disclaimer, any controversy was moot.

Reuters provides a summary of the case. Bloomberg discusses the factual background in more detail. Patently-O briefly explains the legal holding. (more…)

Posted On Jun - 20 - 2013 Comments Off READ FULL POST

Kelly-Brown v. Winfrey
By Alex Shank – Edited by Samantha Rothberg

Photo By: nayrb7CC BY 2.0

Kelly-Brown v. Winfrey, No. 12-1207 (2nd Cir. May 31, 2013)
Slip opinion

The U.S. Court of Appeals for the Second Circuit vacated the District Court for the Southern District of New York’s (S.D.N.Y.) dismissal of trademark infringement claims against Oprah Winfrey, rejecting her fair use defense. Kelly-Brown alleged that Winfrey had used her trademarked phrase “Own Your Power” “as a mark” on the cover of O, The Oprah Magazine, its website, and at a magazine event.

Bloomberg summarizes the case and provides comments from Harpo, Inc. and Hearst Corp., two of Winfrey’s media enterprises. Reuters reports that Kelly-Brown was “ecstatic” about the result. JDSupra praised the court’s recognition of Kelly-Brown’s trademark as a “concept,” while Rebecca Tushnet critiqued the Second Circuit’s further confusing the meaning of “descriptive use.” (more…)

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

By Samantha Rothberg

Icon-newsChinese National Sentenced to 12 Years in U.S. Prison for Selling Pirated Software

Chinese citizen Xiang Li was sentenced to 12 years in a U.S. federal prison for conspiracy to commit wire fraud and criminal copyright infringement, Bloomberg reports. Li operated a website, “Crack 99,” which sold more than $100 million worth of pirated software between 2008 and 2011. He was arrested in Saipan, a U.S. territory, after traveling there to sell software to undercover federal agents. According to prosecutors, Li is the first Chinese national to be “apprehended and prosecuted in the U.S. for cybercrimes he engaged in entirely from China.”

Songwriters’ Rights Group BMI Sues Pandora Over Fee Dispute

Broadcast Music Inc. (“BMI”), an organization that collects royalties on behalf of music publishers and songwriters when their works are played in public, filed suit in federal court against Pandora, the Internet radio service, the Wall Street Journal reports. Earlier this week, Pandora purchased a small radio station in South Dakota and argued that this move entitles it to pay BMI the reduced royalty fees that traditional radio broadcasters pay. BMI decried Pandora’s move as a “brazen effort to artificially drive down its license fees.” The organization sued for a judicial declaration of the rates that Pandora must pay when it plays an artist’s song.

Google Argues Wi-FI is “Radio Signal” in Street View Case

Google urged the Ninth Circuit to overrule a judge’s 2011 finding that its Street View program had violated the federal Wiretap Act, 18 U.S.C. §§ 2510–2522, by collecting private data over unencrypted wi-fi signals, Bloomberg reports. Google argues that transmissions over an open wi-fi signal are equivalent to public radio transmissions, and the interception of a radio transmission or any “form of electronic communication readily accessible to the general public” is not illegal under the Wiretap Act. Attorney Elizabeth Cabraser, who represents the consumers who won the initial ruling, argued that the Wiretap Act exception was intended to protect ham radios used for communicating over long distances, and not wi-fi networks, which are broadcast over very short distances. She urged the court to reject Google’s “attempt to create a loophole to serve its own purposes.”

New York Aims to Crack Down on 3D Gun Printing

A New York city councilman introduced legislation on Wednesday that would make it illegal for anyone other than a licensed gunsmith to manufacture guns using a 3D printer, reports CNET. The bill would require legal manufacturers to register the guns with police within 72 hours of creation. The New York State Legislature and U.S. Congress have both recently introduced similar legislation, and a California state senator has announced plans to do the same. The surge in legislation stems from the worry that untraceable, undetectable plastic guns could be anonymously printed by anyone with a 3D printer and the necessary software. Last month, that vision took a step closer to reality when the non-profit organization Defense Distributed announced that it had created the world’s first 3D-printed handgun, the “Liberator.”

Posted On Jun - 16 - 2013 Comments Off READ FULL POST
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Silk Road 2.0 Takedo

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Federal Circuit Flas

By Ken Winterbottom Motion to Dismiss in Hulu Patent Infringement Suit ...

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Spain Passes a “Go

By Michael Shammas — Edited by Yixuan Long Amendments to the ...

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Federal Circuit Tigh

By Kathleen McGuinness – Edited by Sabreena Khalid Azure Networks, LLC ...

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Flash Digest: News i

By Viviana Ruiz Russia’s Intellectual Property Court affirms denial of Ford's ...