Category archives: lawsuit

 

 

Viacom wins appeal against YouTube, gets another chance to prove copyright infringement

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It’s been almost two years since YouTube’s triumph in its copyright infringement case against Viacom. As is the way of things, Viacom appealed the decision , and now the Second Circuit Court of Appeals has decided to breathe new life into Viacom’s case. Apparently, the appeals judge didn’t see eye to eye with the District Court’s ruling that no reasonable jury could have found that YouTube had actual knowledge or awareness of infringement on its site. You see, the Digital Millennium Copyright Act (DMCA) requires such awareness for service providers like YouTube to be guilty of copyright infringement, and that safe harbor provision was the grounds for YouTube’s victory on summary judgment. Furthermore, to succeed on summary judgment, YouTube had to prove that no reasonable jury could find that it knew of any infringing activity. While the lower court felt that YouTube carried that burden, the appeals judge disagreed, and has remanded the case back down for the District Court to determine if YouTube knew about or willfully ignored the infringement. What does this mean? All we can say for sure is that it’ll expend more judicial resources and make more money for the attorneys involved. The result could very well end up, once again, in YouTube’s favor, but we’ll have to wait and see. Viacom wins appeal against YouTube, gets another chance to prove copyright infringement originally appeared on Engadget on Thu, 05 Apr 2012 13:23:00 EDT. Please see our terms for use of feeds . Permalink | Wall Street Journal | Email this | Comments

 

Paramount flicks are coming to YouTube and Google Play despite Viacom lawsuit

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While its corporate parent Viacom continues to tussle with Google over who is liable for user uploaded content, Paramount Pictures has stuck a deal to offer its movies for rental on YouTube / Google Play in the US and Canada. According to Google that adds up to around 500 new movies becoming available on the service over the next few weeks including hits like Ferris Bueller and The Godfather . Those catalog titles are currently available on 48hr joypasses for $3.99/$2.99 (HD/SD) each, while newer titles like Hugo are $4.99/$3.99. Also worth noting is that now the folks at Mountain View can count five of the six major studios (Fox is still out) among their offerings . We’ll see if this signals a thawing relationship between Google and the studios upset that pirated copies of their content are so easily found via Google’s searches (doubt it), but at least Android users can look forward to more easily accessible content. Paramount flicks are coming to YouTube and Google Play despite Viacom lawsuit originally appeared on Engadget on Wed, 04 Apr 2012 08:58:00 EDT. Please see our terms for use of feeds . Permalink | YouTube Blog | Email this | Comments

 

US Judge rejects Hasbro / ASUS sales ban, Transformer Prime prevails

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Coming up with original gadget names is tough work , and, after all, imitation is the most sincere form of flattery — right? So it was no surprise when ASUS happened upon an alias that more than slightly resembled that of a popular fictional mutant semi — you know, Transformer Optimus Prime. However shockingly, Hasbro wasn’t a fan, opting to battle ASUS to the death in the U.S. court system. And, after countless weeks and many bank holidays, we finally have a victor. It appears that the leader of the Autobots will continue to share its name with the Taiwanese company’s tablet — that’s what you get for leaving the fate of the world to mere human bureaucrats. Just don’t be surprised when it comes time to name the world’s next Superhero, Ms. Zenbook UX31 . US Judge rejects Hasbro / ASUS sales ban, Transformer Prime prevails originally appeared on Engadget on Tue, 27 Mar 2012 14:39:00 EDT. Please see our terms for use of feeds . Permalink SlashGear | PaidContent | Email this | Comments

 

TiVo sues Time Warner Cable, Motorola Mobility in fresh patent assault

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Four days ago TiVo abandoned its protracted patent litigation against Microsoft and we sighed in relief at the idea that people were learning to just get along. Our respite was short lived, however, when the company revealed it was lobbing litigation-shaped grenades over the fence toward Motorola Mobility and Time Warner Cable . The lawsuit, filed in the Patent Troll haven of Texas’ Eastern District , concerns patents 6,223,389, 7,529,465 and 6,792,195. The first of that trio is the contentious Time Warping patent that’s been argued over so much we’d like to slice it in two, King Solomon style. Details beyond that are few and far between, but something tells us we’ll be hearing more about the tiff in the future… whether we want to or not. TiVo sues Time Warner Cable, Motorola Mobility in fresh patent assault originally appeared on Engadget on Mon, 26 Mar 2012 12:42:00 EDT. Please see our terms for use of feeds . Permalink Forbes | SEC | Email this | Comments

 

US DOJ sues AT&T for improper IP Relay billing, alleges millions in false claims to FCC

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AT&T has violated the United States False Claims Act to the tune of “millions of dollars,” according to a Department of Justice lawsuit filed this week. The DOJ alleges that the carrier intentionally neglected to authenticate users of the IP Relay service — a tool utilized by hearing-impaired persons to type messages that communications assistants then read to callers. The service is also abused by individuals overseas to defraud U.S. businesses (think infamous Nigerian scams), which prompted the FCC to establish a law requiring telecom providers, including AT&T , to confirm the identity of registered users, which it apparently failed to do. This resulted in thousands of fraudulent users, representing some 95 percent of all calls, which AT&T received FCC payments for to the tune of $1.30 per minute. An AT&T spokesman was somewhat dismissive when speaking to the Associated Press , saying “as the FCC is aware, it is always possible for an individual to misuse IP Relay services, just as someone can misuse the postal system or an email account, but FCC rules require that we complete all calls by customers who identify themselves as disabled.” But if the allegations are proven, there could be some pretty serious repercussions for Big Blue. DOJ PR is just past the break. Continue reading US DOJ sues AT&T for improper IP Relay billing, alleges millions in false claims to FCC US DOJ sues AT&T for improper IP Relay billing, alleges millions in false claims to FCC originally appeared on Engadget on Thu, 22 Mar 2012 17:37:00 EDT. Please see our terms for use of feeds . Permalink The Verge | Department of Justice | Email this | Comments

 

Microsoft and TiVo agree to drop ongoing patent suits, we ask the world to follow

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At last. A pair of companies decide that bickering (and spending) in the courtroom over patents just isn’t worthwhile. In an era where it seems like every technology company under the sun is suing at least one other for nondescript “infringements,” TiVo and Microsoft are laying aside their differences. Purportedly, both outfits have reached an agreement “under which both companies will dismiss pending litigation over patents.” According to a regulatory filing, nary a patent right was granted to Microsoft by TiVo, but for whatever reason, the two have decided that both can continue operations without any more meddling. It all started early last year , when the folks in Redmond alleged that TiVo was infringing on four of its patents; predictably, TiVo slung one of its many patent-related suits in Microsoft’s direction. Those looking to dive fully into the last chapter in this one can hit the links below; for the 99 percent, just scoot your eyes down to the next article and exhale in relief. So, Samsung, Apple — you guys paying attention ? Microsoft and TiVo agree to drop ongoing patent suits, we ask the world to follow originally appeared on Engadget on Thu, 22 Mar 2012 07:38:00 EDT. Please see our terms for use of feeds . Permalink The Next Web | TiVo , The Wall Street Journal | Email this | Comments

 

Aereo countersues broadcasters over its internet TV streaming service

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Now that Aereo has launched its antenna TV-over-the-internet service it can devote some attention to its legal issues, and today countersued the TV networks suing it (Fox, PBS, Univision, WPIX and WNET) in the U.S. District Court in Manhattan. It’s already filed another suit against Disney, CBS NBCUniversal and Telemundo, as they wrangle over whether or not its scheme — using an individual “microantenna” for each subscriber and streaming to that person over the internet, as long as they’re in the broadcasting area — violates their copyright. According to Aereo, it’s merely relocating the equipment form the customer’s home to its remote facility. We’ll see if that argument works out any better than it did for Zediva , which announced last week that customers wouldn’t be getting their money back after it was sued out of existence last year. Aereo countersues broadcasters over its internet TV streaming service originally appeared on Engadget on Tue, 20 Mar 2012 18:58:00 EDT. Please see our terms for use of feeds . Permalink | Reuters | Email this | Comments

 

Oracle's final damage claim against Google well under $100 million

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My, my, my, how the mighty have fallen. In this case, the mighty is the roughly $6 billion Oracle initially sought in its suit against Google . By September of last year that number had dropped to a comparatively paltry $2 billion , which was still too high for presiding Judge William Alsup. Now that has plummeted precipitously, with Oracle’s new starting figure sitting at $32.3 million. Of course, the final total for the damages will likely be higher than that, but we’d be mighty shocked if the ultimate settlement was even close to $100 million. Google’s own estimates put the valuation at between $37.5 million and $46.6 million — a far cry from the $100 million starting point Alsup had suggested in July of last year. Now all that’s left is for this sucker to actually go to trial. Hit up the source to read the full filing. Oracle’s final damage claim against Google well under $100 million originally appeared on Engadget on Tue, 20 Mar 2012 16:38:00 EDT. Please see our terms for use of feeds . Permalink | Groklaw | Email this | Comments

 

Indian court drops censorship case against Microsoft, Google and Facebook still on the hook

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With so many patent trolls out and about, you’d be forgiven if the Indian government’s censorship case against Google, Facebook, Microsoft and other web companies slipped under your radar. Indeed, not a whole lot has happened since then, but Microsoft, at least, is making an early exit from the proceedings. Delhi High Court has dropped the outfit from the list of companies accused of failing to rid their sites of offensive material — specifically, perceived religious attacks, or anything else that might violate local laws against inciting communal tensions. (In particular, according to a three-months-old New York Times report, technology minister Kapil Sibal , pictured above, took note of comments criticizing Sonia Gandhi, widow of the assassinated former Prime Minister, Rajiv Gandhi). For now, this leaves Google and Facebook to defend themselves, though the two internet giants are moving to have their cases dismissed as well. The High Court will hear those petitions on May 3, with the trial set to resume on May 23. Indian court drops censorship case against Microsoft, Google and Facebook still on the hook originally appeared on Engadget on Mon, 19 Mar 2012 10:39:00 EDT. Please see our terms for use of feeds . Permalink | Wall Street Journal | Email this | Comments

 

Apple's second slide-to-unlock case against Samsung stayed in Germany

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Nothing like a little drama in the ongoing never-ending saga between Samsung and Apple to spice up your Friday morning, eh? As legions of consumers are cashing in a vacation day in order to pick up one of Apple’s newest iPads , a court in Mannheim, Germany has stayed Apple’s second slide-to-unlock case. According to FOSS Patents , the decision was made for the “duration of a parallel proceeding before the German Patent and Trademark Office that could lead to the revocation, in whole or in part, of Apple’s slide-to-unlock utility model.” Purportedly, the judge said that the court was not convinced of the “validity of that intellectual property right in all respects, with particular concern about the broadest group of claims.” Lawyers who’d love to do nothing more than read about things related to their profession can tap that source link; everyone else can resume their best efforts of trying to be Woz when they grow up. Apple’s second slide-to-unlock case against Samsung stayed in Germany originally appeared on Engadget on Fri, 16 Mar 2012 11:21:00 EDT. Please see our terms for use of feeds . Permalink TUAW | FOSS Patents | Email this | Comments