Legal Archive

BBC News reports that the US and European regulators (yes, the same EC that slapped MS with a EUR900M fine) have approved the deal that will see Microsoft control Yahoo's search and advertising business. This will mean that one of the first, great search engines (there was a time before Google) will now be powered by johnny-come-lately Bing.

"In a definitive defeat for film studios - and in a first case of its kind worldwide - Australia's Federal Court has ruled that ISPs have no obligation to act on copyright infringement notices or to disconnect subscribers after receiving multiple letters. If copyright holders want justice for illegal file-sharing, they need to start by targeting the right people: those who committed the infringement."

Like many of you, I kind of lost my faith in the US justice system (when it comes to piracy cases) when a judge awarded USD 1.92 million in damages for downloading 24 songs in the Jammie Thomas-Rasset case. At the same time, also like many of you, I was very pleased with the outcome of the OiNK case in the United Kingdom last week. As it turns out, some of my faith in the US system has been restored: the USD 1.92 fine has been reduced by 97%, to a mere USD 54000.

Just when you thought the legal battle between Nokia and Apple couldn't get any more convoluted, Apple has filed its own complaint with the US International Trade Commission, seeking to have Nokia's products banned from the US market because they infringe on Apple's patents.

Ah, a lovely bit of news that to help us start the weekend off with positive thoughts! A UK jury has unanimously acquitted Alan Ellis, founder and administrator of the invitation-only OiNK music bittorrent tracker. This means that his 2 year-long trial has finally come to an end - there's no more room for appeal.

A few days ago, technology blog Valleywag's launched its Apple Tablet Scavenger Hunt, a sort-of contest in which people with evidence of the existence of Apple's much-rumoured tablet could win large sums of money. Apple apparently wasn't amused, as the company resorted to its usual tactic whenever it doesn't like something in the press: litigation, litigation, litigation.

Last Friday, January 8, the University of Amsterdam (I'm with the competition) handed out an honorary doctorate to Harvard prof. Lawrence Lessig, known to you all (I may hope!) as one of the founding members of the wildly successful Creative Commons project. During the acceptance ceremony, he held one of his keynote presentations - and one that is required listening material for everyone. And with everyone - I mean everyone.

"Microsoft has filed a second appeal in their XML patent case, claiming the original ruling could be dangerous for future patent cases. Last month, the software giant lost to tiny Canadian company i4i, and removed all infringing custom XML editing abilities from its Office 2003 and 2007 suite. Microsoft also paid USD 290 million in damages."

"Responding to Apple's vehement countersuit against Nokia, in which it leveled 13 patent infringement allegations against Nokia's 10, last December 29, Nokia added 14 more to the mix, including for concepts that may perhaps be as integral to the construction of modern telephones as power-conserving voltage-controlled oscillators, and a sensor that de-activates touchscreens while the phone is held against the ear."

And here you were, thinking the legal tussle between Apple and Nokia couldn't get any uglier. Well, it turns out it can, as Nokia has filed another patent complaint, this time to the US International Trade Commission. This new case revolves around patents other than the ones in the first case.

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.

Well, this pretty much seals the deal. Psystar is now officially burnt down to the ground, nothing left, it's all over. Judge William Alsup has granted Apple's motion for a permanent injunction, and even though the actual legal case only involved Leopard, the injunction specifically covers Snow Leopard and Rebel EFI as well.

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.

And we have news of yet another massive copyright infringement lawsuit in the music industry. This one takes place in Canada, and the infringed party is placing a truly massive claim on the infringing party: 50 million USD, with the possibility of it exceeding 60 billion USD. Bad news? Well, no, not really - you really need to consider the infringing party in this one. This is irony not even the ancient Greeks could imagine.