Law

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Downloading is Not Enough… Probably

Peer to peer download services are still popular with music-loving kids, it seems. The second annual survey of young people's music consumption by pressure group UK Music found that three-fifths of the 1,808 18-24 year olds who took part said they used p2p services, and four-fifths of those did so at least once a week. This is almost the same as last year's result, and would seem to indicate that the efforts by the music industry to offer a range of licensed alternatives to Limewire and other p2p services have failed to have any real impact. more»

Comment on the Kleiman/Komaitis Proposal on Multiple IP Clearinghouses for the New gTLD Process

I recently learned about a meeting that took place between ICANN staff and Noncommercial Users Constituency (NCUC) members Kathy Kleiman and Konstantinos Komaitis regarding the Implementation Recommendations Team (IRT) recommendations for the protection of intellectual property rights in new generic Top-Level Domains (gTLDs). My comment relates to the White Paper published by Ms. Kleiman and Mr. Komaitis with respect to the notion of having multiple Regional Trademark clearinghouses (TMCs). For the reasons stated in this comment, the KK Proposal fails a number of the benchmarking checklists used by the IRT in evaluating proposals. more»

How Copyright Violators Are Removed from Search Engine Listings Based on DMCA

It may not be widely-known but the big 3 search engines -- Google, Yahoo! and Bing -- have established procedures for removing natural search results on the basis of the Digital Millennium Copyright Act (DMCA). That's good news for brand owners: if consumers can't find infringing websites via the search engines, they're less likely to come across them at all... more»

ICANN Explains the Handling of YouTubeIslam.com Domain Dispute and Why It Had No Authority

In response to a large number of emails and calls related to the disputed domain name, YouTubeIslam.com, ICANN's Senior Vice President, Kurt Pritz, has published a post explaining how the case was handled and why ICANN has no authority in such matters. "Because we coordinate the domain name system, ICANN is sometimes wrongly seen as the ultimate authority over anything that happens with the domain name system. The reality is quite different... While ICANN does ultimately set the rules by which domain names are registered, it does not possess the power to overturn decisions that are made within the rules." more»

NJ Man Arrested for Domain Name Theft and Sale on eBay

A man from the northern New Jersey area was charged and arrested for stealing a domain name belonging to the owners of P2P.com. According to reports, he allegedly transferred the ownership of the domain name to himself and succeeded in reselling it on eBay to a professional basketball player Mark Madsen of the Los Angeles Clippers. more»

WIPO: Disregard TLD in Trademark Dispute

There is a Dutch website which regularly publishes comments on rulings of the World Intellectual Property Organization (WIPO) Arbitration, Dutch court cases, and similar things. They have a newsletter which reports over the latest cases. It is really meant for people who are into the legal aspects of domain names. In the July "nieuwsbrief" newsletter, there was a remark (in Dutch) about a case that the top level ".nl" suffix to the name should not be considered relevant. more»

USA: Court Leaves FCC With Discretion to Regulate Special Access Circuits

On Friday, the decision to deregulate "special access" circuits was upheld. The case had been brought by the Ad Hoc Committee, a long standing body of large business users, one of the main categories of buyers of high capacity leased lines to interconnect business premises. more»

ICANN Seeking Answers at Public Meetings for Dealing With Trademarks and New TLDs

The Internet Corporation for Assigned Names and Numbers (ICANN) is hosting two meetings this week -- one in New York City and the other in London -- to discuss the trademark and cybersecurity issues surrounding its plan to introduce hundreds of new top-level domains into the Internet. Similar meetings will be held in Hong Kong next week and Abu-Dhabi in early August. At these public meetings, ICANN is discussing the protections that it will give corporations so they don't have to spend huge sums of money purchasing their company and brand names in all of the new top-level domains... more»

Privacy Commissioner Finds Facebook Violating Canadian Privacy Law

The Office of the Privacy Commissioner of Canada has released its long-awaited finding in the complaint against Facebook on a variety of privacy grounds. The complaint was launched by CIPPIC in May 2008 (note that I am an advisor to CIPPIC but had no involvement in this complaint). The case marks an important step in assessing how Canadian privacy law addresses social media with the Commissioner identifying some significant concerns. Moreover, as the case potentially heads to court, it will be closely watched to see whether the findings can be enforced against a global social media power like Facebook. more»

Digital Download Laws Force Users to Become Pirates, Says European Commissioner

European laws governing the digitization of content such as books, movies and music need a major re-working in order to keep Europe relevant in the digital age, said the European Commissioner for the information society and telecoms Viviane Reding on Thursday. Laying out her manifesto for a renewed five-year term in the job, Reding said in a speech that she shares the frustrations of Internet companies including Google, which would like to offer interesting business models in the field of online book publishing,"but cannot do so because of the fragmented regulatory system in Europe." more»

Mahmoud Ahmadinejad and the Globally Protected Marks List (GPML)

At first blush, Mahmoud Ahmadinejad and the Globally Protected Marks List (GPML) do not seem to have anything in common. The first is a politician of debated repute that is seeking to quell disputes over the legitimacy of his election. The second is a recommendation that seeks to protect trademark owners and consumers from an explosion of infringement and source confusion that could be wrought by the introduction of new Top-Level Domains (TLDs). However, upon a closer analysis, they do share one common flaw: both have arguably failed to appropriately prioritize the right to free speech... more»

British Court Rules Against Anonymous Blogging

British court has ruled that bloggers operating anonymously have no right to keep their identities secret. Times Online reports: "In a landmark decision, Mr Justice Eady refused to grant an order to protect the anonymity of a police officer who is the author of the NightJack blog. The officer, Richard Horton, 45, a detective constable with Lancashire Constabulary, had sought an injunction to stop The Times from revealing his name..." more»

California Company Taking Legal Action to Stop PCs Shipped to China with Stolen Software

A California company is considering legal action to prevent computers being shipped to China with what it says is stolen internet blocking software. Solid Oak said it found pieces of its CyberSitter program in China's Green Dam Youth Escort screening software. China has mandated that all new PCs contain filters to protect children from offensive material on the net... more»

Everything You Ever Wanted to Know About Canadian Anti-Spam Bill C-27

CAUCE just posted a blog entry about C-27; we will be speaking to the Industry, Science, and Technology committee reviewing the bill this afternoon. The meeting will be webcast starting at 15:30 eastern... more»

Tony La Russa's Legal Claims Against Twitter Look Tenuous

It was bound to happen of course - someone sued Twitter for not verifying a "celebrity" or brand account. Mashable reports on a lawsuit brought by Tony La Russa, who is apparently a manager for the St. Louis Cardinals baseball team. Mashable and others initially reported that La Russa and Twitter had resolved this one. It turns out they haven't after all. So what to make of Mr. La Russa's claims? more»