Legal Archive

Due to my incessant whining about the evilness of big content, it's easy to forget that despite all the lunacy those guys throw our way, there are also cases where they're simply very much right. The Columbus Dispatch is reporting on the story of Qiang Bi, who has just been sentenced to jail for two and half years for piracy.

"Hopewell Culture & Design reckons it owns the act of double-clicking, and is suing Apple, Nokia, Samsung and just about everyone else for breaching its patent. It's not double-clicking per se that US patent 7,171,625 covers, just the act of clicking twice on an already-selected component to action a request for additional information or greater interactivity."

Paul Allen's patent infringement complaint against the world and its dog has been dismissed. The court agreed with Google et al that it "lacks adequate factual detail to satisfy the dictates of Twombly and Iqbal" and also "fails to provide sufficient factual detail as suggested by Form 18". The court doesn't agree with Allen's Interval Licensing that the two cases do not apply to patent complaints, but it doesn't even need to go there: "The Court does not find it necessary to determine whether Form 18 is no longer adequate under Twombly and Iqbal because Plaintiff's complaint fails to satisfy either the Supreme Court's interpretation of Rule 8 or Form 18."

An arrest has been made in the case of the DDoS attacks against MasterCard, Visa, PayPal, and others. The Dutch police has arrested a Dutch guy who has already confessed to taking part in the attacks. Most likely, he is not in any way the brains behind the operation, and I'm going out on a limb here stating that these attacks will continue nonetheless. Also, I'm not the guy. Also also, I'm wondering if there's police anywhere looking for the people who are continuously DDoS'ing WikiLeaks.

"The licensing dispute that has prevented NVIDIA from building controller chips for Intel's latest CPUs may finally be coming to a close. Late last week, a Bloomberg report cited inside sources that claim the two companies are in talks to settle the matter out of court. While both Intel and NVIDIA would benefit from a settlement - for instance, by avoiding legal fees for protracted litigation - Apple also stands to gain."

"Federal authorities in the first-of-its-kind game-console-modding criminal trial abruptly dropped their prosecution Thursday, "based on fairness and justice." Following procedural rulings made by the presiding judge in the aftermath of his 30-minute tirade yesterday, it emerged that a key witness, an employee of the Entertainment Software Alliance, had provided a pirated game to the defendant during the course of his investigation. As this detail had been known to the government for almost a week but had been withheld from the defense, prosecutors had no choice but to move for a dismissal."

Opening statements in the first-of-its kind Xbox 360 criminal hacking trial were delayed here Wednesday after a federal judge unleashed a 30-minute tirade at prosecutors in open court, saying he had "serious concerns about the government's case". "I really don't understand what we’re doing here," US District Judge Philip Gutierrez roared from the bench. Gutierrez slammed the prosecution over everything from alleged unlawful behavior by government witnesses, to proposed jury instructions harmful to the defense.

We've had a bit of a copyrightesque weekend here on OSNews, so it seems only fitting to end this Sunday with yet another story on this subject. This one isn't so much anger-inducing as much as it is what?-inducing - you'll either laugh or cry. It basically comes down to this: a smart lawyer is selling self-help packages to aid victims of the mass-P2P lawsuits in the US, and now the media companies behind those lawsuits are suing this lawyer... For causing them damage.

"Three of the admins behind The Pirate Bay are all still guilty, a Swedish appeals court decided on Friday, but their jail time has been reduced. Fredrik Neij, Peter Sunde, and Carl Lundstrom's prison sentences have all been reduced from the original one year to between 4 and 10 months each, though the trade-off is an increase in damages that they must pay to the music and movie industries."

"A California man charged with violating the DMCA by installing mod chips in Xbox 360 consoles won't be allowed to claim 'fair use' at his scheduled jury trial next week, a federal judge ruled Tuesday - a decision potentially devastating to the defense, and not particularly favorable to anyone who thinks they have the right to tinker with hardware that they've bought and paid for."

"The Combating Online Infringement and Counterfeits Act sets up a system through which the US government can blacklist a pirate website from the Domain Name System, ban credit card companies from processing US payments to the site, and forbid online ad networks from working with the site. This morning, COICA unanimously passed the Senate Judiciary Committee."

About time! Google has responded to Oracle's amended complaint in the big Oracle v Google patent and copyright hoedown, and it's a contradictory grab bag of various defences, basically throwing everything and seeing what sticks - a normal and common course of events in cases like this. There are some juicy claims in there.

It seems like the first battle in the patent dispute between Nokia and Apple has been in Nokia's favour. The staff of the US International Trade Commission has sided with Nokia, stating that either the claims in Apple patents were invalid, or they were not infringed upon. All this was detailed in a memo, but for some reason, nobody is actually linking to said memo, making this story a little sparse on details (cookie if you can find the memo).

Apple sued Motorola back. Who wants a Pop-Tart? Seriously, why don't they sell Pop-Tarts in The Netherlands? Why do I have to jump through so many hoops just to get Pop-Tarts? Or root beer for that matter? I mean, come on.