Google’s servers housed by a third-party ISP qualify as a regular and established place of business to establish proper venue in the Eastern District of Texas

17 08 2018
Lex Blog
AUGUST 15, 2018
In our continued post-TC Heartland coverage, Judge Gilstrap in the Eastern District of Texas recently held that venue was proper because Google exercises exclusive control over physical servers implicated by the litigation, as well as the physical space within which the server is located and maintained. The court emphasized that the place where the server is located occupies a physical space, which is more than merely a virtual space or electronic communications from one person…

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The content in this post was found at https://www.lexblog.com/2018/08/15/googles-servers-housed-by-a-third-party-isp-qualify-as-a-regular-and-established-place-of-business-to-establish-proper-venue-in-the-eastern-district-of-texas/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Nike, Great Protectors Of IP, Found To Be Infringing On Copyright And Refusing To Pay After Software Audit

7 08 2018

tech dirt

Timothy Geigner

A brief review of Nike’s history on matters of intellectual property will result in the impression that the company is a stalwart of IP protection. The company has been fond in the past of relying on intellectual property laws to take strong enforcement actions, even when the targets of those actions are laughably dwarfed by the company’s sheer size. Like many massive athletic apparel companies, it jealously protects its trademarks and patents. And, yet, it has been found in the past to be perfectly willing to infringe on the trademark rights of others.

But those past instances are nothing compared to the full brazen display alleged by Quest in its copyright lawsuit against Nike.

The company, known for developing a variety of database software, filed a lawsuit in an Oregon federal court this week, accusing Nike of copyright infringement. Both parties have had a software license agreement in place since 2001, but during an audit last year, Qwest noticed that not all products were properly licensed.

“That audit revealed that Nike had deployed Quest Software Products far in excess of the scope allowed by the parties’ SLA,” Quest writes in their complaint, filed at a federal court in Oregon.

In addition, Quest says the audit revealed that Nike was using pirated keys and cracked versions of Quest software to route around paying for the full licensing costs it would otherwise be obligated to pay. Those types of actions aren’t the sort of accidental infringement we’ve come to expect at large companies like Nike. Instead, they constitute a willful attempt to not pay for the software in use.

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The content in this post was found at https://www.techdirt.com/articles/20180427/09181639729/nike-great-protectors-ip-found-to-be-infringing-copyright-refusing-to-pay-after-software-audit.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

 

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Oracle America v. Google, Free Java: Fair or Unfair?

25 07 2018

IP Watchdog
Jie Lian
July 9, 2018

[ed notes: This ruling/case could be ENORMOUSLY important in the open source v proprietary software space]

The Federal Circuit recently decided the case of Oracle America v. Google Inc. To “attract Java developers to build apps for Android,” Google copied the declaring code, but wrote its own implementing code for the 37 Java API packages. Id at 1187.  Previously, the Federal Circuit held that “[the] declaring code and the structure, sequence, and organization (‘SSO’) of the Java API packages are entitled to copyright protection.” .  On the other hand, the Federal Circuit also recognized that a reasonable jury could find that “the functional aspects of the packages” are “relevant to Google’s fair use defense.” In this key decision that has the potential to rock the software industry, the Court of Appeals for the Federal Circuit rejected the jury verdict and found that “Google’s use of the 37 Java API packages was not fair as a matter of law.

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The content in this post was found at https://www.ipwatchdog.com/2018/07/09/oracle-america-v-google-free-java-fair-or-unfair/id=98763/Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

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Intellectual Property in the World of eSports

4 04 2018

IP Watchdog

Roman Brtka
April 2, 2018

eSports is an exciting new area — not only in the sporting industry but in legal terms. There are various key players such as eGamers, game publishers, and organizers of eSports events, who are facing the challenge of sufficiently protecting their rights. Organizers need to ensure that they obtain all necessary usage rights from the game publishers and the participating eGamers, and these parties need to be aware of their possible ancillary copyrights and should take appropriate precautionary measures to protect them.

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The content in this post was found at https://www.ipwatchdog.com/2018/04/02/intellectual-property-esports/id=95245/

Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

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MPAA Opposes Several Filmmaker Associations Request For Expanded Circumvention Exemptions

7 03 2018

Techdirt

February 28, 2018

Over the past few weeks, we’ve mentioned in a couple of posts that the Copyright Office is currently taking public commentary for changes to the DMCA’s anti-circumvention exemptions provisions. While we’ve thus far limited our posts to the Museum of Art and Digital Entertainment’s bid to have those exemptions extended to preserving online video games and the ESA’s nonsensical rebuttal, that isn’t the only request for expanded exemptions being logged. A group of filmmaker associations put in a request last year for anti-circumvention exemptions to be extended to filmmakers so that they can break the DRM on Blu-ray films in order to make use of clips in new works. At issue is the fact that these filmmakers are able to make use of clips in these new works thanks to fair use but cannot readily get at them due to the DRM on the films themselves.

This is confusing and creates uncertainty, according to the International Documentary Association, Kartemquin Films, Independent Filmmaker Project, University of Film and Video Association, and several other organizations. Late last year they penned a submission to the Copyright Office, which is currently considering updates to the exemptions, where they argued that all filmmakers should be allowed by break DRM and rip Blu-rays. The documentary exemptions have been in place for years now and haven’t harmed rightsholders in any way, they said.

“There is no reason this would change if the ‘documentary’ limitation were removed. All filmmakers regularly need access to footage on DVDs and without an exemption to DVDs, many non-infringing uses simply cannot be made,” the groups noted.

So, there are several groups that lobby for documentarians going to bat for the larger filmmaking world, having seen just how beneficial the exemptions they enjoy have been to the documentary craft. Frankly, it’s nice to see associations such as these not simply staying in their own lane and instead advocating for their larger craft as a whole. Unlike, say, the MPAA which leapt to respond with claims of how awful all of this would be.

A group of “joint creators and copyright owners” which includes Hollywood’s MPAA, the RIAA, and ESA informs the Copyright Office that such an exemption is too broad and a threat to the interests of the major movie studios.

The MPAA and the other groups point out that the exemption could be used by filmmakers to avoid paying licensing fees, which can be quite expensive.

Which, of course, is precisely the point of these exemptions. An end-around of fair use by locking up content behind DRM in order to extract licensing fees from those that legally would otherwise not have to pay them is a special kind of perversion of the DMCA. Not to mention copyright law as a whole, actually. Recall that the entire purpose of copyright law in America is to promote the creation of more works for public consumption. What the MPAA is arguing is that these exemptions, which would do much to promote new work, should be cast aside in favor of a system in which those new works live at the pleasure of the licensing schemes of the major movie studios.

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The content in this post was found at  https://www.techdirt.com/articles/20180228/09561839330/mpaa-opposes-several-filmmaker-associations-request-expanded-circumvention-exemptions.shtml
Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

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Ninth Circuit Issues Important Decision on Software Licensing Practices and Web Scraping

25 01 2018

Proskauer

1-24-18

Jeffrey Neuburger

Earlier this month, the Ninth Circuit issued a noteworthy ruling in a dispute between an enterprise software licensor and a third-party support provider.  The case is particularly important as it addresses the common practice of using automated means to download information (in this case, software) from websites in contravention of website terms and conditions.  Also, the case examines and interprets fairly “standard” software licensing language in light of evolving business practices in the software industry. (Oracle USA, Inc. v. Rimini Street, Inc., No. 16-16832 (9th Cir. Jan. 8, 2018)).

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The content in this post was found at https://newmedialaw.proskauer.com/2018/01/24/ninth-circuit-issues-important-decision-on-software-licensing-practices-and-web-scraping/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



3D Printing for Consumers: What Does it Mean for the Future of IP?

5 01 2018

Patent filings relating to 3D printing have increased 23-fold over the last five years, and trademark filings for businesses involved in 3D printing have increased 300 percent over the same time. Obviously, there is great excitement over the promise of 3D printing, but there is also concern about how 3D printing could make it too easy to copy a patented product with a push of a button… Traditionally, it is more important to have patent claims that protect products, components of products, arrangements of products, etc. Future IP will weigh more heavily on ideas and designs, rather than methods, which will be increasingly become difficult to police. These files will serve as proof of an owners’ pre-established rights, and could prove to be a major profit-making source in the future. And while copyrights are susceptible to fair use claims in a way patents are not, copyrights last for an extremely long time (e.g., 70 years beyond the death of the author).

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The content in this post was found at http://www.ipwatchdog.com/2017/04/25/3d-printing-consumers-future-ip/id=82533/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



VPPA Still Doesn’t Protect App Downloaders–Perry v. CNN

5 01 2018

Plaintiff sued CNN under the Video Privacy Protection Act, alleging that CNN wrongly disclosed plaintiff’s viewing records without plaintiff’s consent. The allegation is that plaintiff used the CNN app, which records viewing history, and CNN sent this information to Bango, a third party data analytics company. CNN allegedly disclosed to Bango the viewing activity along with the MAC address (a unique string of numbers associated with plaintiff’s device). Bango then allegedly used the information to link the user’s MAC address to other information and built a profile of plaintiff that includes the name, location, phone number, email address, and payment information, combined with the viewing history that CNN disclosed.

 

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The content in this post was found at http://blog.ericgoldman.org/archives/2017/05/vppa-still-doesnt-protect-app-downloaders-perry-v-cnn.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Over many objections, W3C approves DRM for HTML5

3 01 2018

In 2013, the World Wide Web Consortium (W3C), the industry body that oversees the development of Web standards, took the controversial decision to develop a system for integrating DRM into browsers. The Encrypted Media Extensions (EME) would offer a way for content producers to encrypt and protect audio and video content from within their plugin-free HTML-and-JavaScript applications.

EME is not itself a DRM system. Rather, it is a specification that allows JavaScript applications to interact with DRM modules to handle things like encryption keys and decrypting the protected data. Microsoft, Google, and Adobe all have DRM modules that comply with the spec.

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The content in this post was found at https://arstechnica.com/information-technology/2017/07/over-many-objections-w3c-approves-drm-for-html5/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



The Intersection of Fashion, Virtual Reality and the Law

1 01 2018

Virtual reality and augmented reality are catching on, and the fashion industry has taken notice. Many of today’s fashion brands are seeing their work being used in this disruptive technology. But, this has caused trademark issues for both fashion companies that want to protect their brands and fashion technology companies that want to bring those brands into the virtual reality world. Moira Lion and Jeff Greene, with the Intellectual Property Group at Fenwick & West, recently sat down with IPWatchdog to discuss how to approach VR innovations as they develop brand protection.

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The content in this post was found at http://www.ipwatchdog.com/2017/08/16/fashion-virtual-reality-law/id=86867/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.