Internet Law Firm Blog: 2006-01-22

Friday, January 27, 2006

Microsoft May Not Be Off Hook in Europe

Microsoft Corp.'s new offer to let competitors examine some of the blueprints to its Windows operating system may not end the threat of daily $2.36 million fines in the European Union's antitrust case

Google Slams Into Great Wall of China

In the eyes of the vox populi the bloom has now been cast off the rose at Google as their ambitious mantra of "Do No Evil" has run directly into conflict with their necessary corporate mandate of "Make More Money". As most interested blogophiles know, Google has decided to launch a Chinese language search engine hosted on servers inside the People's Republic, one which complies with local law restricting which content can be retrieved. While many have lambasted Google with scornful indignation and some have pledged to turn away from the giant of Mountain View, I respectfully wish not to repeat the self righteous sentiment reverberating here in the echo chamber.

I suggest we do the opposite and loudly support Google for this decision. My reason is uncomplicated.Google hs entered into China because it makes business sense to them.They believe by entering the Chinese market that they can return a profit to their shareholders. It is axiomatic that business decisions must be made with this underlying principle primary at all times.A decision of Google to turn away from the China opportunity, one that no internet giant has done, and stand on some amorphous morality would be bad business and set a horrible precedent for other companies. United States corporate law is historically and rightfully stern in in its reaction to corporate boards that take actions potentially damaging to shareholder value. Such actions undermine the viabiity of the entire free market system. Now we don't want to do that now, do we?

Norway Accuses iTunes of Consumer-Rights Violations

The Consumer Council of Norway (CCN) has accused Apple's iTunes Music Store operation of violating the country's Marketing Control Act, and it has asked Norway's consumer ombudsman to intervene on behalf of digital music buyers.

Isolated complaint or a sign of things to come for Apple in Europe?

Microsoft and Washington AG Accuse Spyware Firm of Deceptive Advertising

Microsoft and Rob McKenna, the Attorney General for the State of Washington, have filed lawsuits against Secure Computer from New York State and several unnamed individuals.Secure Computer is accused of using deceptive advertising to sell its $49.95 Spyware Cleaner software.

The Trademark Bowl: Texas A&M v. Seattle Seahawks

Texas A&M Athletic Director Bill Byrne said the Office of Collegiate Licensing is working on having the NFL's Seattle Seahawks cease and desist their use of the trademark after the Seahawks' own 12th Man flag caught the attention of Texas A&M fans who watched the Seattle team advance during the NFL playoffs...

Thursday, January 26, 2006

Getting A Handle On The Software Patent Explosion (26/01/2006) from Mondaq

Companies in many different fields – not just Information Technology – are concerned about how to best protect their software technology. Changes in the legal landscape for the protection of computer software have resulted in an avalanche of patents geared toward software-related inventions. Here are answers to some basic questions about protecting software in this new environment.

RIM, NTP get 24 February court date for patent case [New Window]

Cingular Files Emoticon Patent

The application, which is rather lengthy, describes a static set-up that would allow users with any device (television, computer, mobile device, etc.) to choose from a dedicated window of emoticons, without typing in the ASCII symbols that generate visual emoticons.

EU says Microsoft's source codes disclosure does not ensure antitrust compliance

The European Commission said that Microsoft Corp's decision to license some of the source code for its Windows operating system will 'not necessarily' ensure that its long-running EU antitrust dispute will be resolved.

File Under: Antitrust

U.S. Firms Making Steady, Selective Global Gains

Top U.S. law firms are adding a steadily increasing number of attorneys to their overseas offices, but most are remaining cautious about which cities to choose.

File Under: Globalization

Wednesday, January 25, 2006

Microsoft To Meet EU Antitrust Ruling

Microsoft Corp. said today it will license its Windows source code to comply with a European Union antitrust ruling.

Steve Page Writes on Bulte and Copyrights

Steven Page, lead vocals and guitar for the Barenaked Ladies, adds his thoughts:

This current litigious atmosphere is simply a product of the record business trying to prop up a dying, obsolete business model. The labels aren’t the enemy; they’re often run by people who love music and are passionate about the promotion of Canadian culture, but their responsibility is not to the Canadian people, but to their parent companies’ shareholders. It’s the government’s job to protect us (both creators and end-users) from those who are out to exploit us....

Chair of Whiteman Osterman law group to address biotech patent conference - 2006-01-24

Albany, N.Y., patent attorney and physician Sander Rubin will address the Sixth Advanced Forum on Biotech Patents in San Francisco Feb. 16 through Feb. 17.Rubin, a member of the Convergent Technology Patent Law Group of Whiteman Osterman & Hanna LLP, will present a speech entitled "Legal Forecasting for the Post-Genome Era." He will talk to leading patent attorneys from national law firms, the pharmaceutical industry and research institutions.

Microsoft Antitrust Case to Start Apr. 24

Microsoft Corp.'s legal challenge to the EU's 2004 antitrust ruling will be heard by the European Court of First Instance on April 24-28, the court said Wednesday.

Tuesday, January 24, 2006

The Law, Borders and The Internet

Canadian law professor Michael Geist argues the long-running legal dispute between Yahoo and the French courts reflects the difficulties of international regulation of the internet, argues

US Blackberry Network Moves Closer To Shutdown

The US Supreme Court has refused to hear Blackberry maker RIM’s appeal against a previous court ruling that said it infringed NTP’s patents for push e-mail technology, meaning the US Blackberry network is moving even closer to a complete shutdown...

Illegal File Sharing Still Active

Even after ongoing court battles to illegalize online file sharing, research concludes that the number of users subscribing to illegal p2p networks remains unchanged in the past two years...

Inventing While Writing Patent Applications

Russ Krajec provides some valuable insight on the question of whether a patent attorney/agent should list themselves as an inventor on a client's patent application, when the attorney/agent added to the invention while writing the application.

Unraveling the Big Debate over Small Machines

Behind the public face of nanotechnology—the press releases, science fiction novels and environmental doomsday reports—a debate has been evolving and swirling for the past decade around a fundamental question: Can tiny machines build things useful to humans by moving molecules or even individual atoms?

Limiting I/P Exposure in China

In 'Into the Mouth of the Dragon: Patent Protection and Enforcement in China,' David L. McCombs makes some excellent recommendations for limiting I/P theft when doing business in China.

Monday, January 23, 2006

IMX Wins Patent Trial Against LendingTree; Jury Rules in Favor of IMX, Awards More Than $5.7 Million in Damages

IMX, Inc., a leading provider of technology solutions for the mortgage industry, today announced that it has received a favorable jury verdict in its intellectual property case against LendingTree, LLC in the U.S. District Court of Delaware, finding willful infringement of U.S. Patent No. 5,995,947. The patent provides an Internet-accessible, interactive, real-time network whereby borrowers and lenders exchange information in the pursuit of securing a loan.

Microsoft Says Its Been Given More Time To Reply To EU Fine Proposal

Microsoft Corp. said on Monday it had been given extra time by the European Commission to respond to the threat of a $2 million-a-day fine over allegations that it has failed to comply with a landmark EU antitrust ruling.

Legal commentary: Alito would lean toward business interests - Features

This article is primarily concerned with the specifics of Judge Alito's history regarding business interests, but first, an overview of his judicial philosophy relative to the other justices and mainstream political views:

Feds asked to take action against adware maker

An anti-spyware watchdog group has lodged official complaints against 180solutions and one of its partners, dealing a blow to the adware industry's efforts to police itself.

Borderless Internet continues to confound judges

Michael Geist's weekly Law Bytes column examines the recent 9th Circuit Court
of Appeals Yahoo decision involving the long-running battle over Internet jurisdiction. He argues that the majority and dissent present two competing views of the Internet and that that the courts remains as conflicted as ever as they seek to reconcile the challenges of law, borders and the Internet.

Analog Devices Announces New Chief Compliance and Business Ethics Officer

A global leader in high-performance semiconductors for signal processing applications, today announced the appointment of William A. Wise to the newly created position of Chief Compliance and Business Ethics Officer, reporting to the Board of Director's Nominating and Corporate Governance Committee.

IBM Predict 2006 Cyber Crime 'Evolution'

IBM today announced the contents of its 2005 Global Business Security Index Report and provided an early look at potential security threats in 2006

Antitrust Advocates Oppose Whirlpool/Maytag Merger

According to The Chicago Tribune, an antitrust advocacy group wants the Justice Department to block Whirlpool Corp.'s proposed purchase of Maytag Corp.. The group wants the government to at least require the Benton Harbor, Mich.-based company to spin off holdings in its laundry business.

Investor Langone seeks dismissal of NY AG lawsuit

From Reuters, Billionaire financier Kenneth Langone on Monday asked a New York state judge to dismiss him from a lawsuit filed by New York Attorney General Eliot Spitzer over his alleged role setting the controversial compensation of former New York Stock Exchange Chairman Richard Grasso.