Legal Archive

Notorious competition law offender Microsoft has asked the EU's competition department to look into Motorola's behavior regarding patent licences vital for h.264 video. Microsoft complains that Motorola doesn't play by the usual rules and wants to decide by itself how much they want to charge for patents it owns. According to Microsoft, acceptable behavior for patent owners is to licence patens vital for industry standards at rates of single-digits-cents per device and ask for double-digits-cent amounts only for patents not necessary for implementing such standards. Since according to Microsoft's complaints at least some of the patents abused that way are related to h.264 video encoding/decoding, one has to wonder how much MPEG LA's ensurance of patent safety is now worth.

"In an unexpected turn of events, one of the key committees in the European Parliament voted recently to weaken a reform of the copyright monopoly for allowing re-publication and access to orphan works, pieces of our cultural heritage where no copyright monopoly holder can be located. There's a problem with this. There are 24 seats in the committee, and one group (non-inscrits) was absent, lacking deputies to fill that person's vote. So, there should have been 23 votes at the most. But we just counted 12 votes for reform and 14 against. That's 26." Sometimes, people complain that the EU has a democratic deficit. It looks like we had a democratic surplus this time.

"If you download potentially copyrighted software, videos or music, your Internet service provider has been watching, and they're coming for you. Specifically, they're coming for you on Thursday, July 12. That's the date when the nation's largest ISPs will all voluntarily implement a new anti-piracy plan that will engage network operators in the largest digital spying scheme in history, and see some users' bandwidth completely cut off until they sign an agreement saying they will not download copyrighted materials." One day, years from now, historians are going to debate whether this was the point of no return.

"Yahoo has made good on its threat of last month and filed a patent infringement suit against Facebook." Yup, another patent battle. Great for innovation, this. Destroying the technology industry, one patent at a time.

"A US judge has ordered Motorola Mobility and Google to turn over information to Apple on Google's acquisition in 2005 of Android, its development of the Android OS and the proposed acquisition of Motorola. According to Motorola, the information Apple seeks regarding Google's acquisition of Motorola and Android is not relevant to any damages asserted in the case."

The laughs are reportedly over for five top members of the hacker group LulzSec who were arrested on Tuesday and charged as part of a conspiracy case filed in New York federal court. FoxNews.com reports that the arrests were part of a multinational sting across the United Kingdom, Ireland and the United States on Tuesday morning, and LulzSec leader Hector Xavier Monsegur, who operated online under the alias “Sabu,” provided the Federal Bureau of Investigation with information leading to the arrests.

"We learned on January 31 that Barnes & Noble had suffered a major setback in a patent-infringement lawsuit filed against the company by Microsoft. That day, an administrative law judge at the International Trade Commission had tossed out the company's key defense, that Microsoft was engaging in 'patent misuse' as part of a larger scheme to 'kill Android'. Today the full opinion has been made public." Microsoft's protection racket might be legal, but that doesn't make it moral. It's based on software patents, and is thus, by definition, morally reprehensible and sleazy.

"Microsoft today issued a brief statement promising to make 'essential patents' available to competitors at fair and reasonable licensing rates, and promised not to sue companies making products that infringe these patents. The actual patents themselves weren't disclosed, but Microsoft joins both Google and Apple in making recent statements on so-called fair, reasonable, and non-discriminatory licensing terms. Such licensing terms designate certain patents as essential to complying with industry standards, making them available for licensing at (supposedly) lower-than-usual rates." This industry is dysfunctional.

"Among the treasure troves of recently released WikiLeaks cables, we find one whose significance has bypassed Swedish media. In short: every law proposal, every ordinance, and every governmental report hostile to the net, youth, and civil liberties here in Sweden in recent years have been commissioned by the US government and industry interests." How such prestigious nations with such long and proud histories, like Sweden, The Netherlands, and so on, can succumb to pressure from a former colony is beyond me. We should know better.

"Samsung, in its first acknowledgment of the European Commission's antitrust investigation of its patent licensing practices, Friday said it believed the commission would ultimately conclude the company complies with the rules. The investigation arose out of Samsung's dispute with Apple over trademarks and patents that cover smartphones and tablet computers."

"Barnes & Noble's claim that Microsoft is misusing patents to undermine competition from Google's Android operating system was thrown out by a U.S. trade judge. U.S. International Trade Commission Judge Theodore Essex rejected today Barnes & Noble's arguments the patents should be held unenforceable, Microsoft Deputy General Counsel David Howard said in a statement. Essex's decision is subject to review by the six-member commission, which has the power to block imports of products that violate U.S. patent rights."

With so many threats to a free and open Internet, sooner or later, people will need to arm themselves for the fight, writes Deep End's Paul Venezia. 'If the baboons succeed in constraining speech and information flow on the broader Internet, the new Internet will emerge quickly. For an analogy, consider the iPhone and the efforts of a few smart hackers who have allowed anyone to jailbreak an iPhone with only a small downloaded app and a few minutes,' Venezia writes. 'All that scenario would require would be a way to wrap up existing technologies into a nice, easily-installed package available through any number of methods. Picture the harrowing future of rampant Internet take-downs and censorship, and then picture a single installer that runs under Windows, Mac OS X, and Linux that installs tor, tools to leverage alternative DNS servers, anonymizing proxies, and even private VPN services. A few clicks of the mouse, and suddenly that machine would be able to access sites "banned" through general means.'

Summer last year, the Dutch courts ruled that Samsung's Galaxy Tab 10.1 did not infringe on Apple's community designs, and as such, would not be banned from The Netherlands. This was a "quick case", and as such, Apple had the right to appeal and turn this into a "full case". Apple did, but I now think they really wish they hadn't - the Court of Appeal in The Hague has pretty much ripped Apple a new one , and upheld the District Court's ruling.

And bam, MegaUpload.com is no more. The FBI has arrested four people behind the popular file-sharing website, and is looking for three more, in a worlwide investigation into the website. Apparently, the site is super-dangerous - the indictment behind the arrests minces no words. As a countermeasure, people claiming to be from Anonymous took down the websites of ViaCom and the Department of Justice. Update: Ars has analysed the indictment. It's pretty damning, but does have a few weird odds and ends. Update II: And more and more sites are falling by Anonymous' hands. Largest operation in their history.