Category archives: legal

 

 

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

 

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

 

Carpathia wants to delete orphaned Megaupload data, pay the bills

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The Federal shut down of Megaupload did more than jail its founders, scare its competitors and worry its users — it also left Carpathia Hosting footing a $9,000 a day bill. The outfit previously agreed to preserve Megaupload’s frozen data, but now that the service’s unpaid bills are piling up, it’s ready to change its tune. In a emergency motion filed with the U.S. Federal Court in Virginia, Carpathia asked the court to either take the data off its hands, pay it for retaining the data or else allow it to delete the data altogether after allowing users to reclaim their files. The hosting service won’t take action on its own, it says, as that might “risk a claim by a party with an interest in the data,” such as the Motion Picture Association of America. With any luck, the matter will be settled in a court hearing next month. If not? Well, we’ll just take it as a lesson: back up locally , you never know when your files might get wrapped up in the legal system. Carpathia wants to delete orphaned Megaupload data, pay the bills originally appeared on Engadget on Fri, 23 Mar 2012 08:11:00 EDT. Please see our terms for use of feeds . Permalink | Huffington Post | 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

 

Apple's nano-SIM proposal draws fire from Motorola, Nokia, RIM

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Giesecke & Devrient’s nano-SIM design is fueling quite the standards battle over in Europe, with Apple sitting in one corner, and the troika of Motorola, Nokia and RIM looming in the other. That’s according to the Financial Times , which reports today that Cupertino is leading a charge to push its own nano-SIM proposal through Europe’s standards body, ETSI , much to the chagrin of its competitors. According to FT ‘s sources, Apple’s version of the nano-SIM would call for a “drawer” to protect it, much like the designs already featured in the iPhone and iPad. Though the standard would be available to all manufacturers under license, there’s a lingering fear that Apple may eventually own all the patents pertaining to its proposal. Plus, its rivals would have to re-engineer their handsets to meet Apple’s proposed design, even though Nokia claims its solution offers “significant technical advantages.” ETSI is slated to vote on the proposals next week, but FT claims that the company has already garnered support from most of Europe’s providers. Just to be sure, though, Cupertino is applying to become the largest voting member at ETSI, and is looking to register a full six European subsidies under its name. Each subsidy can wield up to 45 votes, meaning that if approved, Apple would overtake Nokia as the organization’s largest voting body. Nokia, for its part, has filed a document in protest. Apple’s nano-SIM proposal draws fire from Motorola, Nokia, RIM originally appeared on Engadget on Wed, 21 Mar 2012 00:41:00 EDT. Please see our terms for use of feeds . Permalink The Verge | Financial Times | 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

 

Final ITC ruling affirms Motorola Mobility didn't violate Apple's patents

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The preliminary decision already determined that, in this case, Motorola Mobility hadn’t violated any of Apple’s patents with its Droid series, and now a final review has affirmed those initial findings. While this might not be a massive turn up for the books, it does close the doors on at least one big name patent dispute. That said, Apple can appeal to the Federal Circuit, and given that it has done before, it’s likely the iPad maker will do so here. But, for now at least, it’s cork popping time over in Libertyville. Final ITC ruling affirms Motorola Mobility didn’t violate Apple’s patents originally appeared on Engadget on Sat, 17 Mar 2012 12:38:00 EDT. Please see our terms for use of feeds . Permalink FOSS Patents | ITC(PDF) | 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