The Ins and Outs of Buying Foreign Films Wired reports on the intricacies of copyright law for aficionados of foreign martial arts films here.

This is What Happens When You Adopt Patented Technology for Industry Standards C-Net reports that "CD-burning software prompts patent suit."

More Copyright News From Our Neighbors to the North C-Net is reporting that "Canada deems P2P downloading legal."

Score One for Microsoft PCWorld.com reports that "Lindows.com Ordered to Change Name."

Copyright Fees in the Great White North The Globe and Mail reports that "Copyright Board freezes music-media levies," while Reuters reports that "Canada Slaps Copyright Levy on MP3 Players."

First it was the Rat Olympics. Now it's the Robolympics. Robolympics founder David Calkins has received a cease and desist letter from the United States Olympic Committee demanding his group stop using the word "olympic" to describe a robotics competition.

Link Earns Kung Fu Fansite Cease and Desist Letter from Miramax Wired has this report.

Guess There's No First Amendment in Alphaville Salon has an interesting article on Peter Ludlow, real-world academic and Sims Online muckraker, who apparently published one too many criticisms of Electronic Arts in his Alphaville Herald.

Another One Bites the Dust IP boutique Pennie & Edmonds has announced that it will close, effective December 31, 2003.

Jackson 4 Reach Copyright Settlement E! Online is reporting that four of the Jackson brothers (minus embattled Michael) have reached a tentative settlement in two copyright infringement cases brought by producer Gordon Keith and R&B group Ripples & Waves.

Say Goodbye Reuters is reporting that "Voyeur Web Site JenniCam to Go Dark After 7 Years."

Blow for the Giraffe Marty has a report on the Louisiana Tax Court decision about taxation of trademark holding companies.

RIAA Progress Update C-Net reports that "RIAA lawsuits yield mixed results."

More Legal Maneuvering in SCO v. IBM Case C-Net reports that "Judge orders SCO to show Linux Infringement."

Guess She Doesn't Like Rap Music Reuters reports that "Supreme Court Allows Rosa Parks to Sue Rap Duo."

Trademarks and the Nonprofit The Christian Science Monitor discusses branding and nonprofits in the article "Smaller nonprofits latch on to logos." Would have made a great link to include in my article "What Every Nonprofit Needs to Know About Trademark Law."

Google Brings Trademark Declaratory Judgment Action Reuters is reporting that Google has asked a U.S. District Court judge in San Jose, California to decide whether Google's keyword advertising constitutes trademark infringement.

Time to Report the RIAA Gaffes The AP is reporting that among the 80 individuals sued by the RIAA for copyright infringement back in October is "retiree Ernest Brenot, 79, of Ridgefield, Wash., who wrote in a handwritten note to a federal judge that he does not own a computer nor can he operate one."

41 New Suits Reuters is reporting that "Music Industry Sues More File Swappers." Wired has this report. C-Net reports that "RIAA lawsuits yield mixed results".

CA Court Transfers RIAA Suit to DC C-Net has this report about a California District Court's decision to transfer the suit filed by SBC against the RIAA to challenge the latter's file-swapping subpoenas to the District of Columbia.

Presidential Candidate Dennis Kucinich Calls for Inquiry into Diebold C-Net has this report.

DeCSS Redux Reuters reports that "DVD 'Hacker' Pleads Not Guilty in Piracy Appeal."

Diebold Sees the Light The AP is reporting that Diebold has promised not to file copyright infringement actions against dozens of students, computer scientists and ISP operators that posted internal company memoranda regarding flaws in Diebold's electronic voting systems.

Library Hotel Case Settled The AP has this report.

He Asked So Nicely... Dan Fingerman, a 2003 Boston Law School Grad, has a new blog, DTM :<|. And you gotta like someone who can use alliteration.

Red Hat Trademark Policy Prompts Opposition InfoWorld is reporting that researchers at UVa and Cornell plan to oppose Red Hat's trademark application for the mark FEDORA, based on their prior use of the mark for their digital management system. The researchers are concerned that Red Hat would attempt to prevent them from using the mark should Red Hat's mark be registered.

Court Hearing on SBC's Challenge to the RIAA's Subpoenas Today C-Net has this report.

They Just Can't Get a Break After being sued by one of Hunton's clients, the AP is reporting that EBay and PayPal now face another patent infringement lawsuit from AT&T. Reuters has this report.

More on the Diebold Dustup Internetnews.com reports that "Judge Needs Time For E-Voting Decision".

Anti-Diebold Forces Have Their Day in Court Following up on a post a bit further down, C-Net has this report about oral arguments in a case brought by the Electronic Frontier Foundation (EFF) and Stanford Law School's Center for Internet and Society seeking to block further DMCA claims by the e-voting software firm.

New EU Copyright Law Takes Effect in UK Today Vnunet.com has this report about the European Union Copyright Directive which took affect at the end of October and makes it a crime to copy a copyrighted DVD, CD or music file, even for personal use. How many US lawyers would be quoted in the press calling the law an "ass"?

What is "Effective" DRM? In a classic chicken-or-the-egg formulation, Rob Semaan, head of US-based company 321 Studios, has put forth a novel interpretation of the new European copyright law that contains anti-circumvention provisions similar to the DMCA. The European law makes it a copyright violation to circumvent "effective" digital rights management technology. According to Semaan, the technology isn't "effective" if it can be broken. Which leads to the question: if Semaan's interpretation is correct ($20 says the judge laughs it out of court), how would you ever violate the anti-circumvention provisions? Seems the technology would only be "effective" if the would-be hacker was unable to crack it, and thus unable to distribute technology to circumvent it.

Inspiration for Flashdance Sues J.Lo We've all heard the canard that everyone in the world is connected within six degrees of separation (probably less if they've ever worked with Kevin Bacon). But a new lawsuit poses the question: how many degrees removed from the original can a work be and still violate the right of publicity? Maureen Marder was the real-life inspiration for 1983's Flashdance. J.Lo decides to turn the video for her single "I'm Glad" into an homage to the movie. Maureen Mauder sues J.Lo. What if I did a parody of the homage to the movie about Maureen Mauder's life?

P2P Monitoring Activities Said to Violate Altnet Patent C-Net reports that Altnet has been sending cease and desist letters to nine companies that monitor file-trading networks, accusing them of violating its patent rights. I'm waiting for the inevitable DMCA claim once someone begins encrypting P2P user information.

Gives "Keep Your Enemies Closer" a Whole New Meaning C-Net is reporting on a move by chief executives of LinkedIn and Tribe.net, who are not only competitors of Friendster but also investors, to buy a patent they call a key asset in the battle for the nascent social networking market.

Browser Plug-in Patent under Scrutiny C-Net reports that "Patent office to re-examine Eolas patent".

Global Webcast License Introduced Reuters has this report.

Arrested Development II E! Online has this report about Arrested Development's trademark infringement lawsuit against Fox. Of course, I'm still wondering why they waited until the show was on the air to bring a lawsuit, since I've been reading about the show for months. Maybe they're looking for a pay out?

What Goes Around, Comes Around The band Arrested Development has sued Fox for trademark infringement over the name of Fox's recently-debuted sitcom "Arrested Development." Looks like my old firm has been tapped as local counsel for Fox. And what's with everyone filing trademark infringement suits in state court? Not sure why they want to stay there, but they've certainly done all they could by adding the local Fox affiliate as a defendant to defeat diversity jurisdiction.

Guess They're Not a Fan of Bob Marley Reuters has this report about a Canadian lawyer who faces possible disbarment for singing Bob Marley's "I Shot the Sherrif" in the hallway during a break in his client's murder trial for shooting and killing a police officer.

Maybe They Should Call it White Whale Beer The AP is reporting that a federal judge has ruled against a New Hampshire brewery attempting to sell "Billy Budd" beer, named for the title character from Herman Melville's posthumously published work, "Billy Budd, Sailor (An Inside Narrative)," on the grounds that the name is confusingly similar to Budweiser's BUD trademark.

Will This Hurt Their Ability to Show Irreparable Harm? Reuters has this report on how some companies, at the direction of major entertainment firms, are using the same P2P networks the RIAA is trying to shut down for marketing purposes, in some cases even deliberately releasing copyrighted content onto the network.

Do You Trust These Guys with an Election? The New York Times has an article about the controversy surrounding the distribution on the Internet of internal memos from Diebold Election Systems, that include discussions of bugs in Diebold’s software and warnings that its computer network are poorly protected against hackers. Donna has a rundown of the issue here.

There's a Blog for Everything Check out the Open Source Software Law Blog. Or Unsecure Privacy.

Lessig Has a New Guest Blogger Presidential candidate Senator Edwards will be taking over blogging duties at Lessig's Blog next week.

UK Cracks Down on P2P Reuters has this report about a new copyright law that has taken effect in the UK, designed to curb the exchange of copyrighted files on the Internet.

Here We Go Again The AP is reporting that the RIAA has filed an additional 80 lawsuits against P2P music downloaders.

Copyright Office Issues Rulemaking in Lexmark DMCA Case The Globe and Mail has this report on the Copyright Office's recent rulemaking on Lexmark's suit against Static Control Components, which alleged that SCC violated the DMCA by making components for use in remanufactured laser printer toner cartridges. C-Net has this report. Bag and Baggage has a pretty good rundown of the opinion.

Library of Congress Grants DMCA Exemptions C-Net is reporting that the Library of Congress has approved four exemptions to the anti-circumvention provisions of the DMCA:
• Lists of sites blocked by commercial Internet filtering software, but not spam-fighting lists.
• Computer programs protected by hardware dongles that are broken or obsolete.
• Computer programs or video games that use obsolete formats or hardware.
• E-books that prevent read-aloud or other handicapped access formats from functioning.

Alphabet Soup: SCO Challenges GPL in IBM Suit C-Net is reporting that SCO has launched a broadside attack against the General Public License ("GPL") in its lawsuit against IBM, claiming that the "GPL violates the U.S. Constitution, together with copyright, antitrust and export control laws."

Disney Gets Chance to Keep Pooh Rights Reuters is reporting that the federal district judge presiding over Clare Milne's attempts to regain rights to the Winnie the Pooh franchise, based on the character created by her grandfather, has agreed to certify her adverse May ruling for interlocutory appeal. Milne has struck a deal with Disney whereby Disney will be allowed to continue selling Pooh merchandise if Milne's appeal is successful.

Attention Patent Practitioners The FTC has presented Congress with a proposal that would lower the standard for proving patent invalidity from "clear and convincing" evidence to a preponderance of the evidence.

Get Your Copies of Ghettopoly While You Can... The AP is reporting that Hasbro, makers of Monopoly, have sued the maker of Ghettopoly, claiming trademark and copyright infringement. Somehow, I think they'll have more luck getting a preliminary injunction than Caterpillar did...

It's Raining... Copyright Infringement Lawsuits? Launch is reporting that a lawsuit has been filed against Enrique Iglesias, alleging that he copied the music for his song "Escape" from a song by Henry Lorenzo Haynes called "Remind Me." And E! Online is reporting that Miami-based producer Terrence "T-Robb" Robinson is suing Destiny's Child, claiming that the music to the group's hit "Survivor" is a rip off of Robinson's song "Glorious."

If it Looks too Good to be True... The New York Times is reporting on a disappointed group of customers that thought they were buying Tiffany heart-shaped pendant necklaces for half the usual price from the bargain Web site Overstock.com, only to find out the necklaces were fake. Tiffany plans to sue.

George of the Jungle 2 to Move Ahead as Planned The AP is reporting that a federal district court has rejected Caterpillar's request for a preliminary injunction against distribution of the new Disney movie George of the Jungle 2.

Hope You Didn't Buy the DVD for the Music... Reuters has an interesting story about the problems facing studios trying to release popular television shows on DVD. Apparently, the cost of licensing many of the songs that appeared on the television shows is cost prohibitive, requiring studios to replace the music before release. Which is too bad. I, for one, found several new bands by watching Felicity and Dawson's Creek. And yes, I actually bought the CDs.

3rd Circuit Upholds Webcasting Royalties The Third Circuit Court of Appeals has sided with the RIAA, holding that the Copyright Office correctly determined that radio stations are required to pay a digital recording license when they stream their AM/FM broadcasts over the Internet.

Google Hit with Trademark Infringement Fine in France Reuters is reporting that a French judge has fined Google over the practice of allowing advertisers to link text Internet advertisements to trademarked search terms, and has ordered Google to cease the practice within 30 days.

Do They Actually Expect Anyone to See the Movie? Looks like Caterpillar didn't learn anything from the Fox and Slip 'n' Slide suits. Reuters is reporting that the construction equipment manufacturer has filed a trademark infringement suit against Disney over the made-for-video movie George of the Jungle2, alleging that the movie's depiction of "bulldozing bullies" riding Caterpillar equipment will create a negative image of the manufacturer in the minds of the children that view the movie. All 10 of them.

If You Don't Like Their Review, Sue
SunnComm Technologies Inc. (not to be confused with SunCom, the cell phone carrier) is suing Princeton graduate student Alex Halderman over an article he posted of a digitally protected CD, in which Halderman asserted that SunnComm's MediaMax CD-3 software could be defeated by pressing "Shift" while the disc was inserted into the computer. SunnComm alleges that Halderman violated the Digital Millennium Copyright Act when he disclosed the existence of driver files loaded by SunnComm's software onto the user's computer, the deletion of which prevents SunnComm's software from protecting the contents of the CD from copying.

Not So Fast C-Net is reporting that SunnComm has decided not to sue.

Another Company Stands Up to the RIAA Reuters is reporting that Charter Communications, a broadband service provider, has sued the RIAA, seeking to block it from gaining access to the names of Charter customers accused to illegally trading copyrighted music. Anyone betting on whether it will be more successful than Verizon's challenge?

Talking Book Wars The AP is reporting that LeapFrog Enterprises has filed a patent infringement lawsuit against Mattel Inc.'s Fisher-Price, alleging that Fisher-Price's new PowerTouch Learning System infringes on a 1998 patent on interactive learning books for toddlers and preschoolers. Who knew talking books were such a big industry?

I'm Back! After moving a few hours north and changing jobs, I finally have Internet access again. So I'll try to catch up on some of the stuff I missed.

RIAA Sues File Trading System C-Net reports that "RIAA sues iMesh file-trading firm."

They're At it Again IP Justice has a report on another case filed by the movie studios to block distribution of DVD copying software.

Hotel Sued Over Use of Dewey Decimal System Who knew that the Dewey Decimal System was trademarked? And how do you trademark a system, anyway? The New York Times is reporting that the "owners" of the Dewey Decimal System trademark have sued the owners of the Library Hotel in New York for using the system without a license. This is one complaint I would love to read, since I have a feeling that the write up probably isn't capturing the whole issue.

JetBlue Data Transfer Backfires The
AP is reporting that a group of JetBlue passengers has sued the airline for providing historical flight data to a Defense Department contractor testing the new Homeland Security Airline Passenger Risk Assessment system.

Senators Balk at Brownback Proposals Reuters reports that several members of the Senate Commerce Committee have indicated a reluctance to change the existing digital copyright laws.

More DVD Suits Reuters reports that "Film Studios Sue Over DVD Copying Software."

More on Grokster Appeal Reuters reports that "Grokster, Morpheus File Briefs in Song-Swap Appeal."

There Goes the RIAA's Favorite Chestnut Reuters is reporting that "Europe's Internet downloaders are avid music fans who own multiple gadgets and are as likely to buy a compact disc as anyone else, according to new research released on Wednesday."

Six Degrees of Separation on the Web The New York Times reports that "Setback for Microsoft Ripples Through the World Wide Web."

Internet Software Consortium to VeriSign's Site Finder: Get Lost! Wired details the Internet Software Consortium's plans to disable VeriSign's new Site Finder service, since the new feature "breaks" many ISP's spam filters. Marty has a report on the news here.

Follow Up on Garage Door DMCA Suit Wired has this report on the Chamberlain Group's lawsuit against Skylink Technologies, which alleges that Skylink's universal garage door opener violates the DMCA.

Brownback Proposes Greater Protections for Internet Users Wired has an article about a bill recently introduced by Senator Sam Brownback (R-Kan.) which seeks to modify the DMCA by requiring owners of digital media to file a John Doe lawsuit before obtaining the contact information of an Internet user. In addition, Brownback's bill (entitled the Consumers, Schools, and Libraries Digital Rights Management Awareness Act of 2003) would require record companies to label all digital media protected by digital rights management measures.

Monsanto Sues Family Farms Wired has this report about Monsanto's recent lawsuit alleging that milk labels that boast "No rBST" or "rBST-free" are misleading, unfair and deceptive.

SBC Stands Firm The New York Times is reporting that ISP SBC Communications is the lone holdout, refusing to comply with the RIAA's subpoenas in the file sharing cases.

SCO Moves to Dismiss Red Hat Suit C-Net has this report.

Verizon Tries Again Verizon has filed an appeal of the district court order requiring it to turn over the identities of Verizon subscribers sought by the RIAA. In its court papers, Verizon challenges the constitutionality of the subpoena provisions of the DMCA. The AP has this report on oral arguments before the U.S. Court of Appeals for the District of Columbia.

Beatles Management Sues Apple Over Use of "Apple" Trademark The Beatles Management company, Apple Corps., is suing Apple computer, claiming that Apple violated a 1991 agreement in which Apple agreed to limit its use of the "Apple" trademark to computer products. At issue is Apple's expansion of the Apple brand in connection with the new iTunes music service. My question is: does Apple Corp. actually use the word "Apple" as a trademark? While they have a federal registration for the mark (which they obtained in 1997), they seem to use it more as a business name than as an actual trademark or service mark. And who advised Apple to sign the 1991 agreement in the first place? I guess I'll have to stop using Apple as an example of a strong, arbitrary trademark now. More information about the suit can be found here.

Kazaa Users Surprised by RIAA Lawsuits Wired has this report, entitled "Rude Awakening for File Sharers."

Reaction on Campus Reuters has this report on college students' reactions to the recent RIAA lawsuits.

Sun Seeks to Capitalize on SCO Threats C-net is reporting that Sun is considering offering Java customers indemnity from Linux-related lawsuits filed by SCO.

First Sale Doctrine in Cyberspace C-net has an interesting article about the intricacies of one man's attempt to resell a song bought from Apple's iTunes store.

Time to Move to Canada? No, this post isn't about our esteemed commander in chief. Globe and Mail is reporting that lawsuits like the ones recently filed by the RIAA may be less likely in Canada than the U.S., due to differences in the two countries' copyright laws.

Be Careful Before You File that Lawsuit Wired is reporting that EmarketersAmerica.org, which recently filed a lawsuit against a group of spam opponents, is having a difficult time extricating itself from the case. While EmarketersAmerica.org filed a Notice of Voluntary Dismissal last week, defendants are seeking a court order for $75,000 in legal fees.

Legal Challenge to RIAA Amnesty Plan Wired has this report on a legal challenge to the RIAA's amnesty plan, contending that the program could result in lawsuits from parties not represented by the RIAA.

More on Porn Wars in Pennsylvania In a follow up to one of the stories I posted the other day, the AP is reporting that "Pa. Won't Force Providers to Block Porn."

RIAA Suits in the News The AP has an article entitled "Music Download Suits Could Raise Backlash," and another one announcing that "Girl, 12, Settles Piracy Suit for $2,000." Reuters has this report on the settlement, while Wired has this report. The Washington Post has this report on the defendants in the RIAA suits. Finally, C-net has a fairly complete round-up of RIAA news here.

WooHoo! Completely off-topic, but Opus is returning! Cartoonist Berkeley Breathed will introduce a new comic, aptly entitled "Opus," in November. I still have the series of Outland strips featuring Mary Poppins and Pooh Bear somewhere...

From the Free Publicity Files The makers of Slip 'N Slide have guaranteed extra press for the new David Spade movie by suing the studio for trademark infringement over the inclusion of a scene in which Spade jumps belly first on the yellow plastic sheet without first inflating it with air and water. You gotta wonder about the mental acuity of the guy who sued Wham-O when he became paralyzed after diving onto the slide while intoxicated... And Reuters has a report here.

Good News for Gator A federal judge in Alexandria, Virginia has dismissed a lawsuit filed by U-Haul against the purveyors of pop-up ads, alleging that the ads infringed U-Haul's copyright and trademark rights.

Pornography Laws in the News Reuters is reporting that two civil liberties groups are challenging the anti-porn tactics of Pennsylvania's attorney general. Law.com reports here that the 2nd Circuit has ruled that the Protection of Children Against Sexual Exploitation Act of 1977, as amended, does not violate the commerce clause, even if the images are not shipped across state lines.

RIAA Sues... A Yale Professor? The AP has a story on the lawsuits recently filed by the RIAA, which, if the details are correct, seems to contradict the RIAA's assertion that they are only going after the most egregious file sharers. One comment though: what 26 year old in their right mind didn't know that file sharing was illegal, or at the very least, probably not a good idea? Reuters has this report and this report. And E!Online has this story. Finally, the New York Times has this commentary.

Score 1 for IP Justice I've been asked to post about the U.S. District Court for the Northern District of Illinois' recent ruling in the case Chamberlain v. Skylink, which contains a good run-down of recent opinions under the DMCA. Chamberlain had brought a claim against Skylink under the DMCA, arguing that Skylink's competing garage door opener was an illegal circumvention device. Citing disputed issues of material fact, the Court denied Chamberlain's motion for a preliminary injunction. The Court also cited favorably amici briefs filed by CCIA and Consumers Union, which pointed out the stifling effect the DMCA has on innovation and competition under Chamberlain's theory. IP Justice has further details on the case here.

Typosquatters Beware The first charges have been filed under the new Amber Alert legislation, which makes it illegal to use misleading Internet URLs to lure children to pornographic websites. Who knew there was a Truth in Domain Names statute? The AP has a report here.

The Onion Takes on Trademark Disputes Online satire magazine The Onion has this spoof of recent trademark disputes. Thanks to Larry and Marty for the link.

RIAA Faces Legal Challenge The lawyers for a New York woman accused of copyright infringement by the RIAA have asked a federal magistrate to delay any order requiring her ISP to turn over her identity. In arguing for the delay, her lawyers have suggested that the RIAA acted illegally when investigating her online activities.

Jeff Burgar At it Again Infamous cybersquatter Jeff Burgar has lost another one, this time to Pierce Brosnan over piercebrosnan.com.