Legal Archive

"Though a deeply divided Congress is currently considering Internet website censorship legislation, the US has no such official policy - not even for child porn, which is voluntarily blocked by some ISPs. Nor does the US have a government-backed 'three strikes' or 'graduated response' system of escalating warnings to particular users accused of downloading music and movies from file-sharing networks. Yet here was the ultimatum that the US Embassy in Madrid gave the Spanish government in February 2008: adopt such measures or we will punish you. Thanks to WikiLeaks, we have the text of the diplomatic cable announcing the pressure tactics." Isn't it funny that one of the main driving forces behind the push for more stringent copyright laws, Disney, has built its empire almost entirely on appropriating European public domain stories? As a European, that's just insulting.

I'm guessing Apple is getting desperate, since its software patent lawsuits aren't doing particularly well. Moving on from software and design patents, the company is now suing Samsung over... Patents for mobile phone and tablet cases (more at The Verge). I think Apple has more offensive lawsuits than products now, so technically, "patent maker" is more accurate than "gadget maker" or "device maker". Fun times.

"The Supreme Court on Wednesday heard oral arguments in a case that raises a fundamental question: whether a physician can infringe a patent merely by using scientific research to inform her treatment decisions. Unfortunately, this issue was barely mentioned in Wednesday's arguments. A number of influential organizations had filed briefs warning of the dire consequences of allowing medical patents, but their arguments were largely ignored in the courtroom. Instead, everyone seemed to agree that medical patents were legal in general, and focused on the narrow question of whether the specific patent in the case was overly broad." One day, American policy makers are going to wake up and realise they've made their country irrelevant. The amount of stupidity American policy makers exhibit never ceases to amaze me.

And yet another ruling. In April this year, Apple sued Samsung over several design patents and a single software patent regarding various Galaxy smartphones and tablets. Late last night, US District Judge Lucy Koh denied Apple's request for a preliminary injunction against Samsung. The actual ruling, though, is a mixed bag - Samsung is found infringing (but it's a "close question") on Apple's design and software patents (no real patents in play here, folks), but Apple has failed completely in providing any form of proof that Samsung is causing irreparable harm to Apple.

The European Court of Justice, the highest court in the European Union, is kind of on a roll lately. We already discussed how they outlawed generic ISP-side internet filters, and now, in an opinion (so it's not a ruling just yet), Yves Bot, an advocate-general at the Court, has stated that functions provided by computer programs, as well as the programming languages they're written in, do not receive copyright protection. The opinion is very well-written, and relatively easy to read and grasp. Note: Brilliant quote from a comment over at Hacker News: "Copyright makes you write your own code. Patents prevent you from writing your own code."

The Business Software Alliance is starting to backpedal from SOPA. "Valid and important questions have been raised about the bill. It is intended to get at the worst of the worst offenders. As it now stands, however, it could sweep in more than just truly egregious actors. To fix this problem, definitions of who can be the subject of legal actions and what remedies are imposed must be tightened and narrowed. Due process, free speech, and privacy are rights cannot be compromised. And the security of networks and communications is indispensable to a thriving Internet economy. Some observers have raised reasonable questions about whether certain SOPA provisions might have unintended consequences in these areas. BSA has long stood against filtering or monitoring the Internet. All of these concerns should be duly considered and addressed." Is the public outrage working?