Legal Archive

And thus, it ends. Despite a never-ending stream of doom and gloom from Oracle/Microsoft-funded 'pundits' regarding Google and Android (six hundred billion trillion gazillion eurodollars in damages!!1!), judge Alsup has just squashed all of Oracle's chances with a ruling that is good news for those of us who truly care about this wonderful industry: APIs are not copyrightable. Alsup: "To accept Oracle's claim would be to allow anyone to copyright one version of code to carry out a system of commands and thereby bar all others from writing their own different versions to carry out all or part of the same commands. No holding has ever endorsed such a sweeping proposition." Supreme Court, Ellison?

"Megaupload is challenging the U.S. Government's possession of millions of dollars in assets it seized from the company and its operators in January. The newly-filed and eye-opening motion slams the U.S. for holding the defendants liable for alleged offenses that aren't even a crime, ignoring laws designed to offer them protection, failing to provide any detail whatsoever on alleged infringements, and pushing U.S. law far beyond its borders." I'm sure Megaupload wasn't exactly a fluffy bunny organisation, but rarely have I seen a government screw up so badly, and so publicly.

Dish' DVR has an 'auto-hop' feature, which automatically skips commercials on recorded TV. Fox is now suing Dish over this feature, because they claim it will destroy the business model of ad-driven television. "We were given no choice but to file suit against one of our largest distributors, Dish Network, because of their surprising move to market a product with the clear goal of violating copyrights and destroying the fundamental underpinnings of the broadcast television ecosystem," said Fox. This is the photographic film industry suing digital camera makers. It's so utterly absurd I can hardly believe it's for real.

"The widely anticipated two-day meeting between chief executives of Samsung and Apple yielded no agreement between the parties mired in a hot legal dispute over copyright infringements." Why end fruitless litigation and spend that money on improving products or, I don't know, charity, when you could throw money at lawyers instead, to the benefit of absolutely no one? These lawsuits are Jobs' blemish on the company, but Apple can't back out now for fear of losing face, even though Cook has indicated he really wants to. Petty.

"He's one of 10 reverse-engineers working full time for a stealthy company funded by some of the biggest names in technology: Apple, Microsoft, Research In Motion, Sony, and Ericsson. Called the Rockstar Consortium, the 32-person outfit has a single-minded mission: It examines successful products, like routers and smartphones, and it tries to find proof that these products infringe on a portfolio of over 4,000 technology patents once owned by one of the world's largest telecommunications companies. When a Rockstar engineer uncovers evidence of infringement, the company documents it, contacts the manufacturer, and demands licensing fees for the patents in question. The demand is backed by the implicit threat of a patent lawsuit in federal court." And then people wonder why I call Apple and Microsoft patent trolls. These are the people destroying this industry, with Apple, Microsoft, RIM, etc. money. Sickeningly low.

Apple's and Samsung's CEOs are meeting tomorrow for patent lawsuit settlement talks, and cross-licensing appears to still be an option. Me, I'm hoping the talks fail utterly. Let this mess play out in the fullest. Let the world see the ridiculousness that is the patent system. Let's see what happens when iPhones and Galaxy devices get banned from the US and US senators suddenly don't get their hands on the latest shiny toy. Let's see how that impacts this mess.

"If Judge William Alsup rules that APIs are subject to copyrights, he would overturn common wisdom in programming circles, potentially exposing many companies and developers who have built software platforms that openly mimic existing APIs. But that's not all. Such a ruling could shake things up for many other companies across the programming world and beyond." The fact we even have to worry about this speaks volumes about the state of the industry.

"This week yet another court order was handed down in Europe with the aim of censoring The Pirate Bay. The ruling forbids the Dutch Pirate Party from not only running a direct proxy, but also telling people how to circumvent an earlier court ordered blockade. However, according to Pirate Party founder Rick Falkvinge, the judge in the case has a history of corruption relating to another file-sharing case he presided over in the Netherlands." This news has knocked me off my chair in disbelief that something like this could happen in The Netherlands. Yes, that was quite obviously sarcasm.

" despite Oracle pointing out the commercial success of Android - which would tend to weigh against a finding of fair use - it was clear that Judge Alsup wasn't inclined to side with the company. The judge even scolded Oracle counsel Michael Jacobs when he first argued his case, pointing out that the company's legal team had insisted on a jury trial and that 'now we got their verdict and you want something else'." Someone must be having a bad day.

There's some movement in the Oracle-Google lawsuit today, but it's rather difficult to determine just what kind of movement. The jury was told by the judge Alsup to assume APIs are copyrightable - something Alsup still has to determine later during trial - and with that in mind, the judge ruled Google violated Oracle's copyright on Java. However, the jury did not come to an agreement on a rather crucial question: whether or not it was fair use. All in all, a rather meaningless verdict at this point, since it's incomplete. Also, what kind of nonsense is it for a judge to tell a jury to assume something is illegal? Am I the only one who thinks that's just complete insanity?

"Today the jury notified Judge William Alsup that it had reached a unanimous decision on all but one question, and were at 'an impasse'. However, upon entering the courtroom, the foreperson stated to Judge Alsup that not all members of the jury thought sending the note at this time was necessary, with some thinking they could have reached a decision if given the weekend to think over the case further." Word through the grapevine is that they're hung up on the fair-use question (i.e., Google infringed, but t may be fair use), but it's all a guessing game at this point. I do have to wonder if the jury system (which we don't have here in The Netherlands) is a good fit for complex cases like this.

"The European Court of Justice ruled on Wednesday that application programming interfaces and other functional characteristics of computer software are not eligible for copyright protection. Users have the right to examine computer software in order to clone its functionality - and vendors cannot override these user rights with a license agreement, the court said." Bravo. A landmark ruling, for sure. If the US courts decide in favour of Oracle in the Google-Oracle case, Europe would instantly become an even friendlier place for technology companies.

"Motorola Mobility has been granted an injunction against the distribution of key Microsoft products in Germany. The sales ban covers the Xbox 360 games console, Windows 7 system software, Internet Explorer and Windows Media Player. It follows a ruling that Microsoft had infringed two patents necessary to offer H.264 video coding and playback." But... But... The MPEG-LA, Apple, and Microsoft have been lying to us all this time about the safety of using H264 over WebM, with their supporters blindly parroting the party line? This surprises me greatly and deeply, and I dare say I have not seen this coming at all. Not at all. No sir. Not at all.

The US Trade Representative has released its Special 301 Report again, the document the US government uses to mafia poor countries (and Canada) into enacting stricter IP laws. "Perhaps the most shameful inclusion in this year's report are a series of countries whose primarily fault is being poor. Moreover, with repeated complaints against countries seeking to ensure adequate access to medicines for their citizens or access to books in schools, this year's report hits a new low. It demonstrates the failure of the enforcement agenda and stands as an embarrassment for one of the world's richest countries to prioritize its IP rights over human and economic rights in the developing world." Infuriating. And people wonder why I consider the current IP legislation and lobby entirely unethical and strictly evil.