Capitol Records LLC v. ReDigi Inc., the applicability of the first sale doctrine to digital music 3

The start-up ReDigi is judicially battling music giant Capitol Records (EMI) over whether digital music can be resold after it has been lawfully purchased. Launched in October 2011, ReDigi bills itself as an online marketplace for second-hand digital material. When users sign up to its service, they are required to download proprietary software which verifies if ...

Google’s New Privacy Policy: Going Too Far? 1

Anyone who uses one of Google’s multitudes of services recently has been confronted with Google’s new Privacy Policy, which was implemented on the 1st of March. Internet privacy is obviously a major concern for users and governments alike, and this new policy has been met with mixed reaction. Canadian reaction has suggested that it is ...

Research Works Act pulled as Elsevier bows to boycott pressure 1

For the last month, the academic publishing industry has been the latest battlefield over American copyright law. In December 2011, the US Congress introduced the controversial Research Works Act, which aimed to reverse the National Institutes of Health (NIH) policy of requiring academic research papers funded by its federal grants to be made open access one ...

Apple v Samsung: This Time It’s Global

“The United States district court is a public institution, and the workings of litigation must be open to public view,” Justice Alsup wrote in an October order in Oracle America, Inc v. Google Inc. Yet this is not the approach of U.S. District Judge Lucy Koh and U.S. Magistrate Judge Paul Grewal, who have not ...

SOPA and PIPA: The White House Changes Its Stance

The explosion in major names denouncing  SOPA and PIPA (including giants of the internet like Google, Facebook, Twitter, Reddit, and the Wikimedia foundation, who are all considering an unprecedented ‘blackout’ on January 18th) now has a new supporter in the name of the White House and the Obama administration. 

Carrier IQ faces lawsuits over controversial tracking software

Last week, a furor was caused by software developer Carrier IQ, who develop software used to track mobile phone usage in diagnostic and network monitoring purposes. A researcher, Trevor Eckhart, reverse-engineered his HTC Evo Android phone and found that Carrier IQ’s software tracked his keystrokes, search queries and text messages with no ability to turn ...

Who Gets Burned When the Dragon Stirs? – Ramifications of Stricter Patent Protection in China

Jameson Berkow in The National Post recently voiced a concern not unfamiliar to those who have seen the cover of any Economist magazine in the past eight years – the dangers of China’s evolving economy, in particular their approach to patent protection. The article argues that, “China … has intentionally maintained a lax intellectual property ...

Samsung Breathes Temporary Sigh of Relief in U.S. Patent Battle with Apple 1

In the latest development in the legal saga between Apple and Samsung, U.S. District Judge Lucy Koh tentatively declined to issue a preliminary injunction that would bar some Samsung smartphones and tablets from U.S. sale. In July, Apple had requested the injunction from the Northern District Californian federal court on the basis that Samsung’s Galaxy ...

Do the copycat Apple stores in China harm Apple?

News of fake Apple stores in China sparked a media frenzy last month, with calls of massive intellectual property infringement. Of the five fake stores in Kunming, two were shut down, but for lacking official business licenses, not for who they were pretending to be. More interestingly, according to reports, the Apple products sold at these stores ...

Beyond Refusal to Deal: A Cross-Atlantic View of Copyright, Competition and Innovation Policies

Paul-Erik Veel and Professor Ariel Katz have recently released a paper comparing the Competition Law in the European Union and the United States. The abstract: Conventional wisdom holds that the European Union, through the application of its competition law, has opted to subordinate intellectual property rights in the pursuit of competitive markets to a much greater extent ...