In a case involving Lexmark International, which makes ink cartridges for its printers, the U.S. Supreme Court has ruled that the company could not avail itself of patent law to prevent others from refilling and selling the cartridges. In doing so, the court made a decision that will positively impact consumers who will no longer be forced to buy products only from the original source. With the ruling, vendors of refurbished, repaired or resold products, will be protected from copyright infringement charges. Continue reading Supreme Court Rules That Patent Laws Don’t Cover Resales

Napster co-founder Sean Parker has been working on Screening Room, a controversial project that would bring Hollywood blockbusters into homes on the day of their release, for $50 per movie. J.J. Abrams, Martin Scorsese and Steven Spielberg are shareholders, but industry skeptics are worried that Screening Room will provide pirates with easy pickings. But now Parker’s Screening Room Media has submitted eight patent applications addressing piracy, including a so-called P2P polluter. Continue reading Screening Room Files Eight Anti-Piracy Patent Applications

Since Baidu began creating and licensing content, the Chinese search engine titan has become focused on protecting copyright, a complete U-turn from the days when it was often accused of being a pipeline for pirated content. Among its newly licensed content are original shows from Netflix. Data from China’s Supreme People’s Court reveals that almost 87,000 copyright-related cases were filed in the country in 2016, a figure that is 15-times more than the cases filed ten years previously. Continue reading Chinese Search Engine Baidu Now Defender of Copyright Law

Apple and Nokia have signed a multi-year patent license and new business cooperation agreement that settles all litigation related to the ongoing IP dispute between the two companies. As part of the deal, Nokia will provide Apple with network infrastructure products and services, while Apple has agreed to pay Nokia an upfront cash fee and resume selling Nokia’s digital health products, formerly under the Withings brand (which Apple had stopped selling last year). According to the press release, “Regular summits between top Nokia and Apple executives will ensure that the relationship works effectively and to the benefit of both parties and their customers.” Continue reading Apple, Nokia Sign Agreement to Settle Ongoing Patent Battle

Warner Music Group has renewed its music and publishing deals with YouTube following “months of tough negotiations,” according to WMG CEO Stephen Cooper. The renewal includes Warner Music record labels and the Warner/Chappell Music publishing division. Music labels have been limited by safe harbor provisions of the Digital Millennium Copyright Act that “allow digital services leeway in hosting and taking down unlicensed content,” reports Billboard. “Neither of Warner’s major competitors, Universal Music Group or Sony Music Entertainment, have reached new deals with YouTube and are still operating on a month-to-month basis, sources say.” Continue reading Warner Renews its Music and Publishing Deals With YouTube

Facebook now counts more than 5 million active advertisers, of which 1 million — 75 percent outside the U.S. — signed on in the last seven months. E-commerce, media and entertainment, and retail are the most popular verticals. To make it easier for small and medium-sized businesses to advertise, Facebook introduced a new suite of tools. Within Ad Manager, one-click will reinstate high-performing ads. A new “studio” allows businesses to build ads via a mobile device, and Facebook also expanded its small business council. Continue reading Facebook’s 5 Million Advertisers Get New, More Robust Tools

According to the Recording Industry Association of America and 14 other groups, the 19-year-old Digital Millennium Copyright Act (DMCA) needs to be updated. They’re telling the U.S. Copyright Office that new piracy controls are required. Currently, ISPs that “expeditiously” remove copyrighted content when alerted by rights holders get legal immunity or so-called safe harbor. But the RIAA and others say this process is not sufficient, as the pirated copy reappears instantly, requiring yet another takedown notice. Continue reading Copyright Holders Demand DMCA Update, Addition of Filtering

At the HPA Tech Retreat, Thompson Coburn attorney Jim Burger delivered his annual Washington Update, opening with a clip of President Trump suggesting that his government is operating like a well-oiled machine. “I have nothing to say,” said Burger in response, reporting that Marco Rubio told him, “every day something is new in the Senate.” Burger’s update focused on intellectual property issues, including litigation, as well as actions of the FCC regarding net neutrality and set-top boxes, and the FAA regarding drones. Continue reading HPA Tech Retreat: Washington Update Examines IP, FCC, FAA

Facebook is doubling down on inking agreements with music industry publishers, labels and trade associations, with the goal of accessing user-generated videos that include songs and, ultimately, the labels’ own professionally produced videos. Facebook’s main rival is Google’s YouTube. From the music industry point of view, a deal with Facebook could bring substantial revenues from its 2 billion users and growing advertising division, as well as create a bargaining chip in negotiations with YouTube. Continue reading Facebook Negotiates with Music Industry Over Video Content

To help create a unified digital market, the European Union just agreed to so-called portability, which will allow subscribers to access their online services as they travel from one EU country to another. When the EU introduced its Digital Single Market (DSM) in May 2015, Europe’s film/TV industry, which licenses its content territory-by-territory, promptly opposed it, especially the provision that would allow people in the EU to buy content on other countries’ digital platforms. The Motion Picture Association of America shares these concerns. Continue reading EU’s Digital Single Market Strategy Concerns Film/TV Industry

Facebook lost its intellectual property lawsuit with video game publisher ZeniMax Media yesterday and was ordered to pay $500 million in damages. ZeniMax had contended that a former employee helped develop the Oculus Rift VR headset with knowledge that he gained while working for the game publisher, and that the company had developed a prototype prior to Facebook acquiring Oculus VR for $2 billion. While Oculus was not found guilty of stealing trade secrets, the jury determined the company was guilty of copyright infringement and violating a confidentiality agreement. An appeal is expected. Continue reading Facebook Loses Oculus IP Lawsuit in $500 Million Jury Verdict

Internet service providers, Hollywood studios and record labels have opted not to extend their pact to combat peer-to-peer piracy via the voluntary program that involved issuing “copyright alerts” to offenders. The voluntary program was launched in 2013 as a means of fighting piracy without calling for congressional legislation. Internet users who accessed pirated P2P content were issued warnings, and “six-strike” repeat offenders faced penalties such as the slowing of their Internet delivery. In the end, however, the system was not equipped to deal with hardcore repeat infringers. Continue reading Media Industry Opts to Pull the Plug on Copyright Alert System

In the carefully watched design patent battle between Apple and Samsung, the Supreme Court unanimously ruled yesterday that Samsung may not be liable for its entire $399 million in profits after copying the iPhone’s distinctive look, including its rectangular front face, rounded corners and grid of icons. In 2012, a jury decided that Samsung had infringed on Apple’s patents. “Design patents, which address what products look like, are far less common than utility patents, which cover how products work,” explains The New York Times. “The Supreme Court’s opinion, while not decisively resolving the case, found that liability in design patent cases is not necessarily an all-or-nothing proposition.” The two companies will return to court to determine an appropriate amount for damages. Continue reading Supreme Court Rules in Apple-Samsung Design Patent Case

Copyright infringement on the Internet is surging. Over the last year, copyright holders asked Google to remove more than one billion links from its search engine results. That makes a total of two billion that Google has received over the years. But whereas the first billion accumulated over several years, the second billion took a mere 12 months. Of the 1,007,741,143 infringing links, Google removed more than 90 percent, which comes to 908,237,861. The remaining links were either not valid, not infringements or duplicates. Continue reading Big Surge in Pirated Links Brings DMCA Efficacy into Question

The FCC delayed its vote yesterday on the proposal to unlock cable set-top boxes. FCC members “could not agree on a set-top box proposal that requires cable operators to provide their shows and movies on alternative devices rather than just on a cable box,” reports The New York Times. “The plan was intended to bring more competition to the television industry and liberate consumers from an average of $231 in annual cable box fees.” While the proposal will be considered for a future vote, FCC chair Tom Wheeler said commissioners needed additional discussions. However, with an upcoming change of administration, Wheeler’s window to adopt the regulation may be dwindling. Continue reading Federal Regulators Need More Time to Vote on Set-Top Boxes