Eolas, a technology company that was awarded $565 million in a patent infringement settlement against Microsoft in 2007 is embarking on another campaign against others under the same grounds of patent violation. The latest lawsuit alleges that Apple and 22 companies are in violation of U.S. Patent Nos. 5,838,906 and 7,599,985, which involve embedded Web applications within a browser. The list of infringers also include Google/Youtube, Yahoo, Adobe, Amazon, Blockbuster, Citigroup, eBay, Frito-Lay, Go Daddy, J.C. Penney, JPMorgan Chase, Office Depot, Perot Systems, Staples, Sun Microsystems, Texas Instruments even adult-oriented Playboy. more
Pew Internet reporting on the 10th anniversary of the Napster's launch: "As researchers look back on the first decade of the 21st Century, many will no doubt point to the formative impact of file-sharing and peer-to-peer exchange of music on the internet. Distributed networks of socially-driven music sharing helped lay the foundation for mainstream engagement with participatory media applications. Napster and other peer-to-peer services "schooled" users in the social practice of downloading, uploading, and sharing digital content, which, in turn, has contributed to increased demand for broadband, greater processing power, and mobile media devices." more
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
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
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
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
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
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
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
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
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
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
ICANN is currently going through a complicated process in order to introduce more Top-Level Domains (TLDs). While the launch of new TLDs is something that a lot of people will welcome it is not without its issues. One of the areas that has been receiving quite a bit of attention is in relation to intellectual property rights. So what has this got to do with privacy? more
Maybe you saw this story: A Chinese man (whose name is not given) has been sentenced to serve three years in prison for extorting "virtual items and currency" from a "fellow Internet café user." The currency was worth 100,000 yuan or $14,700. The man who's sentenced to three years and the three friends who helped him also "extorted virtual equipment for online games" from their victim. The friends only seem to have been given a fine; the primary extortionist got both a fine and a jail time. The virtual currency was QQ coins... As I'm sure all of us know, there's a thriving market in virtual goods and currency... more
My new essay, "Valuing Trademarks in Domain Names," outlines the various approaches to valuing trademarks, pointing out the approaches’ different strengths and weaknesses, with emphasis on domain names. Using court cases, the essay points out that there is no one right way to value intangible assets but there are wrong ways. more
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