Legal Archive

Last week, OSNews received an interesting email from a German attorney. It informed us that a company called Smartbook AG has a trademark in several countries to the term "Smartbook" and admonished us (semi-threateningly) not to use the term for anything but his client's company's products. Our first reaction was, "huh?" But a quick search reminded us that several companies, most notably Qualcomm, have started referring to low-power mini-notebooks as smartbooks. It turns out that OSNews, and many other news sources, have been caught in a trademark dispute between Smartbook AG and Qualcomm. This prompted me to do a little research on trademark law.

Back in October, Nokia sued Apple for patent infringement. In a response back then, Apple already stated it would defend itself vigorously. We now know just how vigorously: Apple has countersued Nokia, claiming the Finnish electronics company is infringing 13 of Apple's patents. It's on.

The case between Apple and Psystar may in fact finally be over. AppleInsider is reporting on a document filed with the California court which says that the two companies have entered into a settlement agreement. However, since AppleInsider doesn't actually provide the document in question, and nothing shows up yet on dockets, it's all a little bit unclear. Update: Here's the filing. It does not cover the Florida case, but pretty much ends the California one. Round 1 a smashing victory for Apple, round 2 has Psystar starting heavily crippled.

As regular readers on OSNews will know, I'm quite opposed to the concept of post-sale restrictions, but also the insane countermeasures undertaken by the film and music industry against individuals who illegally download content. The reason I'm so opposed to these things is not because I approve of the act of illegal downloading - no, it's all about the slippery slope effect.

"For weeks, the major governing institutions of the European Union have been locked in a battle over three-strikes laws, Internet disconnections, and the appropriate role of judges in the process. Just after midnight last night, the deadlock was broken and all parties agreed to a new 'Internet freedom provision' that reinforces the presumption of innocence, the right to privacy, and the right to judicial review under any Internet sanctions."

Remember when Steve Jobs unveiled the iPhone, and proclaimed, to much applause, that they patented the hell out of it? Well, apparently Apple likes to boast about its own patents, but when it comes to dealing with other's they're not so willing. That is, if you believe Nokia: the largest phone manufacturer in the world has sued Apple for patent infringement.