Legal Archive

"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.

"File-sharing site The Pirate Bay must be blocked by UK internet service providers, the High Court has ruled. The Swedish website hosts links to download mostly-pirated free music and video. Sky, Everything Everywhere, TalkTalk, O2 and Virgin Media must all prevent their users from accessing the site." Because, as we all know, protecting failing and outdated business models is more important than upholding stodgy old and annoying concepts like 'freedom of speech'. Repeat after me: we live in the free world, not China. Maybe if we say it often enough, we'll start believing it.

"Former Sun CEO Jonathan Schwartz took the stand here today as a witness for the defense, and disputed Oracle's claim that Java APIs were proprietary code from Sun. Google's lawyer, Robert van Nest, asked Schwartz whether, during his tenure at Sun, Java APIs were considered proprietary or protected by Sun. 'No,' Schwartz said in explaining the nature of open software, 'These are open APIs, and we wanted to bring in more people... We wanted to build the biggest tent and invite as many people as possible.'" Whoopsie for Oracle.

"Microsoft and Facebook announced today a definitive agreement under which Microsoft will assign to Facebook the right to purchase a portion of the patent portfolio it recently agreed to acquire from AOL. Facebook has agreed to purchase this portion for $550 million in cash." Is it just me or is Microsoft focussing more and more on peddling patents?

Say what you want about Twitter - pointless, annoying, noise, useless - at least the company has its heart in the right place. Twitter just announced the Innovator's Patent Agreement, a promise not use their or their employees' patents offensively. In a world where yesterday's innovators are today's patent trolls - Apple, Microsoft, Oracle - this is a big deal.

Well paint me red etc. etc. girl scout. "Hotfile is determined to outlast Hollywood's ongoing crusade against file locker services. The company is defending itself against an aggressive litigation campaign that movie studios first brought against it over a year ago. Hotfile's case may be bolstered by a recent report which shows that the two most widely-downloaded files distributed through the popular file locker service are open source software applications."

"Oracle's case against Google has evolved primarily into a copyright infringement suit over the past several months, and with the full trial scheduled to begin this coming Monday, the court is making an effort to get down to the nuts and bolts of copyright law. The judge issued an order last week requiring that both Google and Oracle provide their respective positions on a fundamental issue in the case: 'Each side shall take a firm yes or no position on whether computer programming languages are copyrightable'." Seems like an easy enough answer to me, especially since Oracle's example doesn't hold up at all - Oracle points to Klingon's custom glyphs to illustrate that a language can fall under copyright, but unlike Klingon, a programming language uses standard glyphs we all use every day. Arguing you can copyright that is borderline psychotic, and opens up a whole can of worms.

"The Justice Department could sue Apple as early as Wednesday over alleged electronic book price-fixing, while settling with several publishers as early as this week, two people familiar with the matter said." I feel safe already. Update: ...and we have lift-off.

"The man who co-founded Apple - the world's most valuable company - in the garage of Steve Jobs' parents, fears the torrent of intellectual property lawsuits being filed by companies such as Apple, Samsung, Google, HTC and Nokia could prevent future entrepreneurs from treading a path to technology fortune." Well, mr Wozniak, you are, technically, still an Apple employee. Shouldn't be too hard for you to get an audience with mr Cook.

Rage-inducing and despicable. As The Chronicle of Higher Education reports, three major textbook publishers, Pearson, Cengage Learning, and Macmillan Higher Education, are suing a small startup company that produces open and free alternative textbooks. This startup, Boundless Learning, builds textbooks using creative commons licensed and otherwise freely available material - and this poses a threat to the three large textbook publishers. So, what do you do when you feel threatened? Well, file a copyright infringement lawsuit, of course.

Google has just responded to the first set of questions from the EU regarding its new consolidated privacy policy. The EU inquiry is being headed by the French - more specifically, by France's National Commission for Computing and Civil Liberties. So, the country that monitors all its citizens' internet traffic for possible copyright infringement is spearheading the investigation into Google's new privacy policy? I'm not sure I should be laughing, crying, or shoving shards of smallpox-infested glass underneath my fingernails.