Archive for the ‘Intellectual Property – IP’ Category

Grooveshark Pens an Angry Open Letter to the Music Industry (cc’s Google, Apple)

April 19, 2011

Interesting tactic from a online music sharing company.

The peer-to-peer music streaming service Grooveshark has had a series of run-ins with mobile providers. Its iOS app was pulled from the App Store in August of last year, and its Android app was booted from the Android Marketplace earlier this month.

The company has now fired back at the music industry and at Apple and Google, contending there’s nothing illegal about its app.

Continue reading at:Grooveshark Pens an Angry Open Letter to the Music Industry (cc’s Google, Apple).

Hackers Penetrated at Least 4 Major Canadian Law Firms in Recent Months, Expert Says – News – ABA Journal

April 5, 2011

The most concerning part of the article is the deliberate targeting of the firms and the potential liability for exposure of the clients information.  The internet is too powerful of a tool not to take advantage of, but firms will have to continue to evaluate whether their in-place security measures are adequate.

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Sophisticated hackers seemingly based in China have penetrated four major Canadian law firms in a little over six months, in attacks intended to destroy sensitive data or obtain information related to mergers and acquisitions, a security expert tells the Globe and Mail. While it isn’t certain the hackers’ efforts were successful, it is clear that they did at least get inside the computer systems of the unidentified law firms, located on Bay Street in Toronto, Daniel Tobok of Digital Wyzdom Inc. tells the newspaper. “This was probably one of the most sophisticated attacks we have seen.” Lawyers at one of the firms inadvertently introduced malware into their system when they apparently clicked on an attachment to a fake email that seemingly had come from a partner at the firm working on deal but, in fact, had not, according to Tobok.

via Hackers Penetrated at Least 4 Major Canadian Law Firms in Recent Months, Expert Says – News – ABA Journal.

MPAA Sues Movie Streaming Site That Uses Connected DVD Players

April 5, 2011

This article on Techdirt covers a interesting fair use issue.  The company, Zediva, purchases DVD’s and then connects DVD players to the internet and allows users to “rent” the player, and watch the movie via streaming over the internet.  They have now been sued by by the MPAA (Movie Picture Association of America) for providing a video on demand service without proper licences.

A little more from Techdirt below:

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When Zediva launched, we already knew it was going to face a legal fight from the MPAA and the movie studios. The company lets people stream movies they want to see, but tries to get around the legal licensing issues by only streaming directly from internet connected DVD players, playing legitimately acquired DVDs. Their argument is that it’s really no different than renting a movie and bringing it to your own DVD player. And, perhaps, the Cablevision ruling in the US on remote DVRs gives them some support for their position. But, there was no way the industry was going to just let this go by without any sort of fight. And, so, the MPAA has now sued the company claiming that it’s a “sham,” and that Zediva is running an illegal video-on-demand service without the proper licenses. In some ways, this case could also impact the attempts bycloud music players to stream legitimate content without a license as well.

Sony gains access to Geohot’s Paypal records in “hacking” case.

March 18, 2011

David Kravets from Wired reports:

A federal magistrate said Sony may subpoena the PayPal account of PlayStation 3 hacker George Hotz, as the gamemaker ratchets up its civil lawsuit against the man who released the first full-fledged PS3 jailbreak in the console’s four-year history.

Tuesday’s order came two weeks after Magistrate Joseph Spero in San Francisco granted Sony the right to acquire the internet IP addresses of anybody who had visited Hotz’s website from January of 2009 onward. Sony has also won subpoenas for data from YouTube and Google, as well as Twitter account data linked to Hotz, who goes by the handle GeoHot.

Respected for his iPhone hacks and now the PlayStation 3 jailbreak, the 21-year-old New Jersey man is accused of breaching the Digital Millennium Copyright Act and other laws after his website published an encryption key and software tools that allow PlayStation owners to gain complete control of their consoles from the firmware on up. Hotz has complied with a court order and removed the hack.

The latest development allows the Japanese console maker to acquire “documents sufficientto identify the source of funds (.pdf) in California that went into any PayPal account associated with geohot@gmail.com for the period of January 1, 2009, to February 1, 2011,” Spero ruled.

The information sought is part of a jurisdictional argument over whether Sony must sue Hotz in his home state of New Jersey rather than in San Francisco, where Sony would prefer.

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It will be interesting to see if PayPal simply complies or whether it seeks a protective order from the court. Additionally the bigger question may be, whether those people who made payment to Hotz have standing to object before their information is released?

9th Circuit: Savvy Online Software Shoppers Not Misled by Rival’s Use of Trademarked Keywords – News – ABA Journal

March 10, 2011

It is nice to see some credit to  people’s ability to read and understand what they are reading, at least when it is offered to them in plain english.  I am finding ad word linking to be an interesting area to follow, I am sure there will be more decisions to ponder in the near future.

 

A federal appeals court has found that consumers were not likely to be misled by an online software advertiser that purchased a trademarked keyword of its competitor. In its ruling yesterday, the San Francisco-based 9th U.S. Circuit Court of Appeals vacated an injunction that had barred Network Automation from buying the keyword, “ActiveBatch,” the trademarked name of a rival company’s software, according to stories by the Online Media Daily, Courthouse News Service and PaidContent.org. Network Automation’s website was listed as a sponsored link when people searched online for “ActiveBatch.

via 9th Circuit: Savvy Online Software Shoppers Not Misled by Rival’s Use of Trademarked Keywords – News – ABA Journal.

Judge Says No Anonymity For Anyone Who Visited GeoHot’s PS3 Hacking Website Or Watched YouTube Video

March 5, 2011

An article on Wired covers the opinion from a federal magistrate granting Sony the right to get the IP address of people who viewed or commented on Geohot’s YouTube video of a hack being used on Sony’s Playstation 3.   This is another new area of law and it will be interesting to see how it evolves.   I doubt there are very many people who would realize they could be subject to legal action just by watching a video on YouTube.  The next question will be, do those individuals have the right to challenge to these subpoenas before their data is released to Sony?

A federal magistrate is granting Sony the right to acquire the internet IP addresses of anybody who has visited PlayStation 3 hacker George Hotz’s website from January of 2009 to the present.

Thursday’s decision by Magistrate Joseph Spero to allow Sony to subpoena Hotz’s web provider (.pdf) raises a host of web-privacy concerns.

Respected for his iPhone hacks and now the PlayStation 3 jailbreak, Hotz is accused of breaching the Digital Millennium Copyright Act and other laws after he published an encryption key and software tools on his website that allow Playstation owners to gain complete control of their consoles from the firmware on up.

Sony also won subpoenas (.pdf) for data from YouTube and Google, as part of its lawsuit against the 21-year-old New Jersey hacker, as well as Twitter account data linked to Hotz, who goes by the handle GeoHot.

 

KindleLendingClub Forced By Amazon To Rebrand; Now BookLending.com

February 14, 2011

This post on TechCrunch discusses how a startup that allows users to work together to lend each other eBooks on their kindles, was asked to change its name by Amazon (maybe forced is too strong of a word).

KindleLendingClub is now rebranding as BookLending.com to enable it to continue in business.

 

Sony v. Geohot litigation heats up, SCEA demands YouTube give up Hotz and Fail0verflow’s personal info

February 10, 2011

Engadget has a post about Sony’s pursuit of the “programmer” who shared “jailbreak” codes for the PS3 on the internet.  To me the most interesting thing about the post is the following, “Casting its evidence-gathering net far and wide, SCEA has demanded that YouTube surrender not only information for Hotz’s account where his jailbreak video was posted, but also how many users accessed the video, the usernames of those with access to the video, and all usernames and IP addresses of everyone who posted or published comments to the vid.” (emphasis in original).  Just posting a comment on a publicly available video, may now open you up to discovery.  It will be interesting to see whether YouTube/Google simply complies or moves to quash the subpoena and notifies  those account holders giving them the chance to respond to the subpoena before their personal information is disclosed.

Via Sony v. Geohot litigation heats up, SCEA demands YouTube give up Hotz and Fail0verflow’s personal info

 

Attorney sued for selling “self-help” documents

November 28, 2010

This article from Escapist Magazine discusses how attorney Graham Syfert is selling a package of documents for use by people sued by the US Copyright Group for allegedly illegally downloading copyrighted works, such as the movie “The Hurt Locker”.  After finals (yes, I its that time for law school students) I will try to find the documents filed in the suit and post additional details.

White House Administration looking for ways to block access to sites with infringing content

October 3, 2010

This story on Techdirt which was posted before the news of “Combating Online Infringement and Counterfeits Act” (COICA) being delayed was out, still shows that people concerned with the interplay of privacy, government control, trademarks and copyright infringement need to keep abreast of the shifting landscape.  White House Administrative staff has been meeting with domain registrars (among others) and talking about ways to block access to infringing sites.  I think it is an important goal to stop piracy and theft of intellectual property, I just want whatever procedures put in place to have proper due process to ensure that non-infringing or legitimate fair use works are not caught in the same “net”.


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