This is the iCyte service that I mentioned in class.
Here is a project that I have created using iCyte.
Websites
This is the course website:
Peter Black, who co-taught this subject last year, has this blog. http://freedomtodiffer.com/ He has become a famous Twit.
Google falls foul of privacy once again
From JL:
It is interesting to note that once again Google has reached for the freedom of speech lever as the apparent universal panacea absolving itself of any and all responsibility for breaches of privacy.
I for one would have though that, as an American company, Google would have been well-versed in the notion that freedom of speech is only 'free' to the extent that it does not impose on, contravene or breach another person's legal rights.
If tertiary institutions have the capability of analysing work submitted by students for plagiarism through the use of algorithm programs, then surely the technical boffins at Google can devise some process whereby material submitted for posting to the web can be assessed.
In this particular case, it is difficult to embrace the Google's Code of Conduct "Don't do evil" as being anything other than a marketing slogan. For mine, aiding and abetting the doing of evil equates to the same thing. If Google is serious about corporate social responsibility, then I suggest it not just talk about it, but in the words of another multinational "Just do it!"
See also NY Times
Net Fraud
Net fraud accused back online
From: The Courier-Mail
February 21, 2010
A TEENAGE Brisbane student accused of using the internet to defraud Queensland's biggest bank of $2 million has today had his ban on using the internet lifted.
Brisbane Magistrate Noel Nunan this morning varied bail conditions for Philip Heggie, 18, so he could use the internet to continue his university studies.
Heggie, a University of Queensland business student, made a brief appearance in the Brisbane Magistrate's Court to answer charges of fraud, attempted fraud and uttering a forged document.
Click here to read the full article on the website
--- A class member asks the following regarding the above story:
Given the level of sophistication required to perpetrate these alleged activities, has the Court (in its most recent decision concerning bail conditions) paid sufficient heed to the possibility of the accused undertaking similar acts? How meaningful are either of the different sets of bail conditions prescribed by the court, given that cyber crimes can be undertaken anonymously?
Google Counter-sues regarding AdWords
This recent article is worth reading, as it relates to Google, trademark issues and also jurisdiction issues:
The Law of Google 2010 (updated)
These are my notes for class for 1 March 2010. The class is "The law of Google". Have a look at these websites (and if you have a Google account, log in to that account first):
1. The breadth of Google.
Search
www.google.com
www.google.com.au
www.google.co.uk
www.google.ca
www.google.de
www.google.com.br
www.google.com.bd
www.igoogle.com
News
Images
Blogs
Maps
Videos
Books
Scholarly Papers
Finance
Custom Search, example: Leading Australian Law Firms
Syndicated Search and example and example
Directory
Products
Google Base
Search tricks and tips
Internal search
Site Search
Site Map
Other Google Stuff
Toolbar and SideWiki
Google Accounts
Web History
Gmail
D. AdWords
KeyWord Tool and Tool
More information: Google Learning Centre
E. Other types of Google advertising
Maps
1. The breadth of Google.
Search
www.google.com
www.google.com.au
www.google.co.uk
www.google.ca
www.google.de
www.google.com.br
www.google.com.bd
www.igoogle.com
News
Images
Blogs
Maps
Videos
Books
Scholarly Papers
Finance
Custom Search, example: Leading Australian Law Firms
Syndicated Search and example and example
Directory
Products
Google Base
Search tricks and tips
Internal search
Site Search
Site Map
Other Google Stuff
Toolbar and SideWiki
Google Accounts
Web History
Gmail
Google Wave (plus video here)
Photos: Picasa and Picasa Web
Chrome Browser
Blogger
Groups
Reader
Notebook
Calendar
Docs
Talk
YouTube
Photos: Picasa and Picasa Web
Chrome Browser
Blogger
Groups
Reader
Notebook
Calendar
Docs
Talk
YouTube
Android
More information: Wikipedia
How Google Works
Google Sitemap
2. AdWords and AdSense: Google Advertising
A. Do these searches on Google, Australian Googleand UK Google and compare results:
B. AdSense
Look at the Google Ads on these websites:
C. Google Trends and Google Analytics
Also, Google Insights for Search
More information: Wikipedia
How Google Works
Google Sitemap
2. AdWords and AdSense: Google Advertising
A. Do these searches on Google, Australian Googleand UK Google and compare results:
- Noosa
- Hilton
- Q1
- cheap accomodation queensland
- flowers paddington
- the tallest building in brisbane is
- DSL-G604T
- Sony
- Harvey World Travel
- Harvey World Travel Insurance
Have a look at the two Google search interfaces on this page (http://www.cyberspac.com/Cyber_Law_and_Policy/Search.html) and do the same searches on both and compare the results.
Look at the Google Ads on these websites:
- NY Times
- Van Gogh Gallery
- Brisbane Apartments and Reviews
- Cyberlaw and Policy and example article
- This Blog (look top right --->
C. Google Trends and Google Analytics
Also, Google Insights for Search
D. AdWords
- create Ad
- select Keywords, budget and display location
- people then click on your Ad.
KeyWord Tool and Tool
More information: Google Learning Centre
E. Other types of Google advertising
Maps
Local Maps
You Tube
F. Problems & Issues
(a) Pay Per Click Websites
Look at these websites:
(What is legitimate? See RealSpanking and Jackassand UStream)
(b) Click Fraud
What percentage of click are fraudulent? See this story and here too.
Clickfraud is old news: Crack-down
(c) Trade Mark Issues
Google Procedure
ACCC Lawsuit: See here and here and here andhere(Google filed its defence on 17 November 2008.)
RescueCom Lawsuit
French Lawsuit
Geico Lawsuit and settlement
More information
Google Business Solutions
3. Legal issues and lawsuits
Book Search Lawsuit and here
Caching & Copyright: see here and here and here
F. Problems & Issues
(a) Pay Per Click Websites
Look at these websites:
(What is legitimate? See RealSpanking and Jackassand UStream)
(b) Click Fraud
What percentage of click are fraudulent? See this story and here too.
Clickfraud is old news: Crack-down
(c) Trade Mark Issues
Google Procedure
ACCC Lawsuit: See here and here and here andhere(Google filed its defence on 17 November 2008.)
RescueCom Lawsuit
French Lawsuit
Geico Lawsuit and settlement
More information
Google Business Solutions
3. Legal issues and lawsuits
Book Search Lawsuit and here
Caching & Copyright: see here and here and here
Have a look at other Google posts on this blog: Click Here
First Class 2010
Welcome to LWN117 Cyber Law and Policy in Semester 1, 2010 at QUT.
This unit is offered in internal mode, commencing Monday 22 February 2010 at 6pm.
The Venue is: GP:B506
Google, Privacy and Buzz
Google moved quickly to contain a firestorm of criticism over Buzz, its new social network, taking the unusual step of announcing changes to the product over the weekend to address privacy problems.
Late Saturday, Todd Jackson, product manager for Gmail and Google Buzz, wrote in a blog post that Google had decided to alter one of the most vehemently criticized features in Buzz: the ready-made circle of friends that Buzz gives new users based on their most frequent e-mail and chat contacts. Now, instead of automatically connecting people, Buzz merely suggests to new users a group of people that they may want to follow or want to be followed by. ....
Critics Say Google Invades Privacy With New Service
SAN FRANCISCO — When Google introduced Buzz — its answer to Facebook and Twitter — it hoped to get the service off to a fast start. New users of Buzz, which was added to Gmail on Tuesday, found themselves with a ready-made network of friends automatically selected by the company based on the people that each user communicated with most frequently through Google’s e-mail and chat services.
Google's decision to use e-mail and chat as the basis of a social network was unfair and deceptive, some critics claimed.
Readers' Comments
Share your thoughts.
But what Google viewed as an obvious shortcut stirred up a beehive of angry critics. Many users bristled at what they considered an invasion of privacy, and they faulted the company for failing to ask permission before sharing a person’s Buzz contacts with a broad audience. For the last three days, Google has faced a firestorm of criticism on blogs and Web sites, and it has already been forced to alter some features of the service.
Copyright in Directories
This recent judgment also includes interesting comments regarding computer generated works.
Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCA 44 (8 February 2010)
"Even if the authors of the Works could be identified with sufficient clarity and certainty (and they cannot), the people suggested to be the authors of the Works did not exercise “independent intellectual effort” and / or “sufficient effort of a literary nature”. A majority of the creation process of the WPD and the YPD was heavily automated. Human intervention was regulated and controlled according to either the various computer systems in place including the Rules (see Part V Sections B and C above). Further, the contribution of the people suggested to be authors of the Works was anterior to the work taking its material form. Very few people had any part to play in the final presentation of the Works or the particular form of expression of the information. Those people, again, could not have been said to have exercised “independent intellectual effort” and / or “sufficient effort of a literary nature”: see [20(3)] above."
iiNet copyright case
The iiNet copyright case was decided this week. It concerns the copyright liability of an Internet service provider (ISP) for the conduct of its customers.
Background: www.iinet.net.au/copyrightcase
Challenges for Google
From The New York Times:
In Europe, Challenges for Google
On issues like privacy, copyright protection and the dominance of its search engine, Google is increasingly clashing with lawmakers and regulators.
http://s.nyt.com/u/ejr
In Europe, Challenges for Google
On issues like privacy, copyright protection and the dominance of its search engine, Google is increasingly clashing with lawmakers and regulators.
http://s.nyt.com/u/ejr
Internet Freedom
Hilary Clinton's speech yesterday on Internet freedom attracked an interesting reaction from China.
News coverage of Chinese reaction:
Legal Blogs
ABA's list of 100 great legal blogs
Examples
- Internet Law - Law & Disorder and Technology & Marketing
- IP Watchdog
- Copyright Campaigns
- Patents
See also, Great Legal TV Shows and Great Legal Movies
Updated Internet Law Website
I have updated the class Internet Law website.
It is now located at www.cyberspac.com
There is a list of useful Internet law links here.
Also, as an experiment, have a look at:
www.ecyberspac.com
Also, as an experiment, have a look at:
www.ecyberspac.com
Google Steals The Web?
The Google sideWiki product is kicking up a storm.
http://talkbiz.com/blog/google-steals-the-web/
http://www.google.com/sidewiki/entry/foley.sj/id/1ksJhFGMBYdq_whDm7Ihcc4wz14
http://talkbiz.com/blog/google-steals-the-web/
http://www.google.com/sidewiki/entry/foley.sj/id/1ksJhFGMBYdq_whDm7Ihcc4wz14
Photos and Piracy
"Internet accessibility of images amassed by governmental organizations, commercial entities and individuals is the basis of novel privacy violation claims. However, Internet distribution of images of both individuals and private places collected from public places remains lawful."
Pictures From Public Places Not Private
Pictures From Public Places Not Private
French parliament delays vote on Internet law
"A law backed by French President Nicolas Sarkozy to tackle Internet piracy suffered a new setback on Tuesday after legislators postponed a vote on the bill until September."
Source: Reuters
Source: Reuters
A warning from California
"The FLIR decision is a reminder to employers to be cautious when determining to bring a lawsuit against former employees for trade secret misappropriation. California courts may not tolerate the filing of misappropriation claims where it appears the employer is merely fearful or suspicious of wrongdoing. In such cases, the employer plaintiff risks not only a dismissal of its claims but the possibility of being sanctioned for bringing the action. "
FLIR Systems v. Parrish
FLIR Systems v. Parrish
Apple and Protection of Trade Secrets
From the NY Times
"The local police bureau declined to answer questions about the case. But reports of the apparent suicide have set off a firestorm of criticism of Foxconn’s treatment of Mr. Sun, labor conditions at its factories and the pressures Apple places on suppliers to abide by the culture of secrecy that surrounds its development of new products.
"The local police bureau declined to answer questions about the case. But reports of the apparent suicide have set off a firestorm of criticism of Foxconn’s treatment of Mr. Sun, labor conditions at its factories and the pressures Apple places on suppliers to abide by the culture of secrecy that surrounds its development of new products.
The case also underscores the challenges that global companies face in trying to safeguard their designs and intellectual property in the hotly contested smartphone market, particularly here in the southern Chinese city of Shenzhen, an electronics manufacturing center known for piracy and counterfeiting."
http://www.nytimes.com/2009/07/27/technology/companies/27apple.html
eBay & French Court Decision
In June 2008, the Paris Commercial Court had ordered eBay to pay damages of 38.6 million Euros to the luxury group LVMH, ruling that the auction sales platform, as a broker, was liable under ordinary law as result of the sale of infringing products on its platform. On 13 May 2009, the Paris Civil Court ruled the opposite in favor of eBay. In this case, L'Oréal claimed eBay should not benefit from the hosting provider protective status under French law, as its activities went beyond a mere technical hosting service. eBay argued, however, it merely hosted items put up for sale by users of its auction sales platform, and therefore had no general monitoring obligation.
In its judgment of 13 May 2009, the Court ruled that eBay's activity consisting in storing the listings prepared by vendors and making them available online was a hosting activity, benefiting from the hosting provider protective status. Yet, the Court suggested that the parties had recourse to judicial mediation, in order to cooperate and agree on measures to be implemented to put an end to the sale of counterfeit products on the auction sales platform. With regard to eBay's advertising activities, the Court considered that the platform could not benefit from the hosting provider protective status, since its role was no longer passive, and such activities were not essential to the hosting activity. The Court nevertheless held eBay not liable, since L'Oréal did not clearly establish the alleged infringement.
Paris Civil Court, 13 May 2009
Source: T LAW ALERT - No. 2009/03 - GIDE LOYRETTE NOUEL A.A.R.P.I.
In its judgment of 13 May 2009, the Court ruled that eBay's activity consisting in storing the listings prepared by vendors and making them available online was a hosting activity, benefiting from the hosting provider protective status. Yet, the Court suggested that the parties had recourse to judicial mediation, in order to cooperate and agree on measures to be implemented to put an end to the sale of counterfeit products on the auction sales platform. With regard to eBay's advertising activities, the Court considered that the platform could not benefit from the hosting provider protective status, since its role was no longer passive, and such activities were not essential to the hosting activity. The Court nevertheless held eBay not liable, since L'Oréal did not clearly establish the alleged infringement.
Paris Civil Court, 13 May 2009
Source: T LAW ALERT - No. 2009/03 - GIDE LOYRETTE NOUEL A.A.R.P.I.
Google Squared
Google has a new search interface, Google Squared.
Have a look at these search results:
Australian Law Firms
Rollercoasters
Have a look at these search results:
Australian Law Firms
Rollercoasters
Google Wave - the next big thing from Google
Google is planning on launching Google Wave.
Here is a video about Google Wave. (It is long and probably takes about 20 mins to get a decent feel.) Google Wave is the next big thing from Google -- to merge IM, email, Facebook etc. It is said to be Google's counter attack to Microsoft's www.bing.com (launched this week, in case you missed Microsoft's $100M launch campaign) but it is really not a search tool but a communication tool.
Here is a video about Google Wave. (It is long and probably takes about 20 mins to get a decent feel.) Google Wave is the next big thing from Google -- to merge IM, email, Facebook etc. It is said to be Google's counter attack to Microsoft's www.bing.com (launched this week, in case you missed Microsoft's $100M launch campaign) but it is really not a search tool but a communication tool.
Here is a back story about it: http://googleblog.blogspot.com/2009/05/went-walkabout-brought-back-google-wave.html
Lars Rasmussen is speaking later this month in Brisbane, and next month in Sydney & Melbourne. He invented Google Maps, and now Google Wave. He lives in Sydney.
2009 Innovation Lecture - Dr Lars Rasmussen, Google
Business Method Patents
http://www.nytimes.com/2009/06/02/business/02bizcourt.html?_r=2&hpw
"WASHINGTON — The Supreme Court agreed on Monday to decide what sorts of business methods might be patented, an issue with the potential to reshape significant parts of the economy. “This is the most important patent case in 50 years, in particular because there is so much damage and so much good the court could do,” said John F. Duffy, a law professor at George Washington University who submitted a brief in the appeals court in support of neither side."
"WASHINGTON — The Supreme Court agreed on Monday to decide what sorts of business methods might be patented, an issue with the potential to reshape significant parts of the economy. “This is the most important patent case in 50 years, in particular because there is so much damage and so much good the court could do,” said John F. Duffy, a law professor at George Washington University who submitted a brief in the appeals court in support of neither side."
Google News
One topic for tonight's class will be Google News, and the impact of the IceTV copyright decision on Google. For IceTV, see below.
Have a look at the following:
Have a look at the following:
Stanford IP Litigation Clearinghouse
This is an interesting website: http://lexmachina.stanford.edu/
On December 8, 2008, the Law, Science & Technology Program at Stanford Law School, together with several commercial and philanthropic partners, launched the Stanford Intellectual Property Litigation Clearinghouse (IPLC). A free online database, the site is being released to the public in phases, with the patent portion currently offering real-time comprehensive data regarding patent infringement litigation in the United States. Non-patent matters, including copyright, trademark, trade secret and antitrust currently offer only intermittent data while "pending additional fundraising."
On December 8, 2008, the Law, Science & Technology Program at Stanford Law School, together with several commercial and philanthropic partners, launched the Stanford Intellectual Property Litigation Clearinghouse (IPLC). A free online database, the site is being released to the public in phases, with the patent portion currently offering real-time comprehensive data regarding patent infringement litigation in the United States. Non-patent matters, including copyright, trademark, trade secret and antitrust currently offer only intermittent data while "pending additional fundraising."
Internet Law Bookstore
I created an Internet Law Bookstore using Amazon technology. It took only 5 minutes to set up. Have a look at http://astore.amazon.com/weclosedit. This shows how easy it is to set up an e-commerce website these days.
Recent US Copyright Case
"CBS's Internet unit won the right to use National Football League players' names and statistics for free in fantasy sports leagues it sponsors after a judge ruled the information is in the public domain. The ruling is the latest setback for professional sports leagues and players unions looking to control the fantasy market. "
Similar result to IceTV in Australia?
Similar result to IceTV in Australia?
Penguin Jurisdiction Case
Penguin IP Suit V. Web Site Can't Fly In NY: Judge
A federal judge has tossed a copyright case brought by Penguin Group USA Inc. against a Web site that posted Upton Sinclair's "Oil!" and several other Penguin works online, citing a lack of personal jurisdiction in New York.
A federal judge has tossed a copyright case brought by Penguin Group USA Inc. against a Web site that posted Upton Sinclair's "Oil!" and several other Penguin works online, citing a lack of personal jurisdiction in New York.
Recent Internet Reports
INTERNET
Internet Typology: The Mobile Difference: Wireless Connectivity Has Drawn Many Users More Deeply into Digital Life
Pew Internet & American Life Project, March 25, 2009
http://pewresearch.org/pubs/1162/internet-typology-users-mobile-communication-devices
Freedom on the Net: A Global Assessment of Internet and Digital Media
Freedom House, April 1, 2009
http://www.freedomhouse.org/uploads/specialreports/NetFreedom2009/FreedomOnTheNet_FullReport.pdf
This publication includes country reports on Brazil, China, Cuba, Egypt, Estonia, Georgia, India, Iran, Kenya, Malaysia, Russia, South Africa, Tunisia, Turkey and the United Kingdom.
Internet Crime Report 2008
Internet Crime Complaint Center (IC3), March 2009
http://www.nw3c.org/downloads/2008_IC3_Annual%20Report_3_27_09_small.pdf
There is an FBI news release, March 30, 2009, at
http://www.fbi.gov/pressrel/pressrel09/internet033009.htm
INTELLECTUAL PROPERTY
Sinking the Copyright Pirates: Global Protection of Intellectual Property
Hearing before the U.S. House Committee on Foreign Affairs, April 6, 2009
http://foreignaffairs.house.gov/hearing_notice.asp?id=1065
For transcripts, please go to
http://foreignaffairs.house.gov/schedule.asp and scroll down.
The Office of U.S. Trade Representative Releases Summary of Anti-Counterfeiting Trade Agreement (ACTA) Negotiations
News release, Office of the U.S. Trade Representative (USTR), April 6, 2009
http://www.ustr.gov/Document_Library/Press_Releases/2009/April/The_Office_of_US_Trade_Representative_Releases_Summary_of_Anti-Counterfeiting_Trade_Agreement_(ACTA)_Negotiations.html
The summary is at
http://www.ustr.gov/assets/Document_Library/Fact_Sheets/2009/asset_upload_file917_15546.pdf
Internet Typology: The Mobile Difference: Wireless Connectivity Has Drawn Many Users More Deeply into Digital Life
Pew Internet & American Life Project, March 25, 2009
http://pewresearch.org/pubs/1162/internet-typology-users-mobile-communication-devices
Freedom on the Net: A Global Assessment of Internet and Digital Media
Freedom House, April 1, 2009
http://www.freedomhouse.org/uploads/specialreports/NetFreedom2009/FreedomOnTheNet_FullReport.pdf
This publication includes country reports on Brazil, China, Cuba, Egypt, Estonia, Georgia, India, Iran, Kenya, Malaysia, Russia, South Africa, Tunisia, Turkey and the United Kingdom.
Internet Crime Report 2008
Internet Crime Complaint Center (IC3), March 2009
http://www.nw3c.org/downloads/2008_IC3_Annual%20Report_3_27_09_small.pdf
There is an FBI news release, March 30, 2009, at
http://www.fbi.gov/pressrel/pressrel09/internet033009.htm
INTELLECTUAL PROPERTY
Sinking the Copyright Pirates: Global Protection of Intellectual Property
Hearing before the U.S. House Committee on Foreign Affairs, April 6, 2009
http://foreignaffairs.house.gov/hearing_notice.asp?id=1065
For transcripts, please go to
http://foreignaffairs.house.gov/schedule.asp and scroll down.
The Office of U.S. Trade Representative Releases Summary of Anti-Counterfeiting Trade Agreement (ACTA) Negotiations
News release, Office of the U.S. Trade Representative (USTR), April 6, 2009
http://www.ustr.gov/Document_Library/Press_Releases/2009/April/The_Office_of_US_Trade_Representative_Releases_Summary_of_Anti-Counterfeiting_Trade_Agreement_(ACTA)_Negotiations.html
The summary is at
http://www.ustr.gov/assets/Document_Library/Fact_Sheets/2009/asset_upload_file917_15546.pdf
Research Tool
When you are doing website research, you may wish to use this free tool to record and store the pages that you find interesting or useful.
See www.icyte.com (an Australian invention)
See www.icyte.com (an Australian invention)
Domain Names
Carly Long, an expert in domain name litigation, will teach the first half of the class this Tuesday evening.
You may wish to have a look at the following:
FAQs
jackass.com
pig.com
RBCDainRauscher.com
sonypitcures.com
vanmorrison.com
Panel Views
See also, UDRP Commentaries
Letter to ICANN
You may wish to have a look at the following:
FAQs
jackass.com
pig.com
RBCDainRauscher.com
sonypitcures.com
vanmorrison.com
Panel Views
See also, UDRP Commentaries
Letter to ICANN
Proposed Changes to the Patent Act
If you are interested in patents, then you may be interested in these proposed changes to the law in Australia. We will be looking at patents later in the semester.
Google and Trademarks
In a long-awaited opinion, the 2nd U.S. Circuit Court of Appeals ruled that Google must face a trademark infringement lawsuit for selling keywords that trigger ads.
The three-judge panel reversed a lower court's dismissal of Rescuecom v. Google, 06-4881, in which computer-repair company Rescuecom had claimed that users could be confused by links to competitors' ads that appear alongside Google search results for the company's trademarked name.
See
Rescuecom Corp. v. Google Inc., 2009 WL 875447 (2d Cir. April 3, 2009)
Jurisdiction
The class on Tuesday will focus on jurisdiction issues.
If you want to do some extra background reading, a recent case concerning The Secret documentary and book has both Interent and jurisdictional issues. It is more important for copyright law, but is an interesting diversion for Cyberlaw.
Background: The Australian
Australian Trial Judge Decision
Full Court of Federal Court Decision
US Lawsuit
Note regarding US decision on jurisdiction
Motion Judgment
Dan Hollings Case.
If you want to do some extra background reading, a recent case concerning The Secret documentary and book has both Interent and jurisdictional issues. It is more important for copyright law, but is an interesting diversion for Cyberlaw.
Background: The Australian
Australian Trial Judge Decision
Full Court of Federal Court Decision
US Lawsuit
Note regarding US decision on jurisdiction
Motion Judgment
Dan Hollings Case.
Google/Louis Vuitton legal battle resumes
See The Guardian
Google today entered the latest stage in a four-year legal battle against luxury brand Louis Vuitton which accuses the US internet giant of selling trademark search terms relating to its products to rivals.
Google's lawyers are at the European Court of Justice today as part of a hearing relating to an appeal the search company lodged after LVMH won a case in France against Google in 2005.
Google today entered the latest stage in a four-year legal battle against luxury brand Louis Vuitton which accuses the US internet giant of selling trademark search terms relating to its products to rivals.
Google's lawyers are at the European Court of Justice today as part of a hearing relating to an appeal the search company lodged after LVMH won a case in France against Google in 2005.
Amazon and Copyright
See http://news.cnet.com/8301-13578_3-10196424-38.html
This week, an e-book Web site said Amazon.com invoked the 1998 law to prevent books from some non-Amazon sources from working on its Kindle reader.
Amazon sent a legal notice to MobileRead.com complaining that information relating to a computer utility written in the Python programming language "constitutes a violation" of the DMCA, according to a copy of the warning letter that the site posted. MobileRead.com is an e-book news and community site.
This week, an e-book Web site said Amazon.com invoked the 1998 law to prevent books from some non-Amazon sources from working on its Kindle reader.
Amazon sent a legal notice to MobileRead.com complaining that information relating to a computer utility written in the Python programming language "constitutes a violation" of the DMCA, according to a copy of the warning letter that the site posted. MobileRead.com is an e-book news and community site.
Google and NZ Copyright
Stepping into local New Zealand political debate for the first time, Google makes a submission on the draft ISP code of practice – and it doesn’t hold back, citing a rash of bogus copyright claims it has received in the US. In its opening salvo, the company says, "section 92A undermines the incredible social and economic benefits of the open and universally accessible internet, by providing for a remedy of account termination or disconnection that is disproportionate to the harm of copyright infringement online.”
Cybersquatting
Cybersquatting Cases Hit Record In 2008
WIPO has announced that companies and celebrities ranging from Arsenal football club to actress Scarlett Johansson filed a record number of "cybersquatting" cases in 2008 to stop others from profiting from their famous names, brands, and events. The most common business sector in which complaints arose was pharmaceuticals, due to Web sites offering sales of medicines with protected names.
WIPO has announced that companies and celebrities ranging from Arsenal football club to actress Scarlett Johansson filed a record number of "cybersquatting" cases in 2008 to stop others from profiting from their famous names, brands, and events. The most common business sector in which complaints arose was pharmaceuticals, due to Web sites offering sales of medicines with protected names.
10 March: Social Media Club Brisbane
Instead of the usual LWN117 class on Tuesday 10 March, you are encouraged to attend the March event of the Social Media Club Brisbane:
SMCB March is a panel discussion about legal issues related to the social media world. Joining us on the panel for the evening is:After you've picked the lawyers' brains hang around for a few drinks downstairs at Lock n Load's Jazz Night. Feel free to arrive from 5.30pm, with the panel session starting at 6.00pm.
- Peter Black, Lecturer, QUT Law School
- Professor Brian Fitzgerald, Professor of Intellectual Property and Innovation, QUT Law School
- John Swinson, Partner, Mallesons
SMBC March is proudly supported by QUT Faculty of Law and Lock n Load Bistro.
Lock n Load is at 142 Boundary St, West End QLD 4101. View Google Maps here.
Patents and Google
Google Patent Chief: Patent reform needed more than ever
Posted: 03 Mar 2009 11:29 AM PST
Editorial by Michelle Lee, Head of Patents and Patent Strategy at Google, See http://googlepublicpolicy.blogspot.com/2009/03/patent-reform-needed-more-than-ever.html
The Law of Google
These are my notes for class for Tuesday, 3 March 2009. The class is "The law of Google".
1. The breadth of Google.
Search
www.google.com
www.google.com.au
www.google.co.uk
www.google.ca
www.google.de
www.google.com.br
www.google.com.bd
www.igoogle.com
News
Images
Blogs
Maps
Videos
Books
Scholarly Papers
Finance
Custom Search, example: Leading Australian Law Firms
Syndicated Search and example
Directory
Products
Google Base
Search tricks and tips
Internal search
Site Search
Site Map
Other Google Stuff
Toolbar
Google Accounts
Web History
Gmail
Photos: Picasa and Picasa Web
Chrome Browser
Blogger
Groups
Reader
Notebook
Calendar
Docs
Talk
YouTube
More information: Wikipedia
How Google Works
Google Sitemap
2. AdWords and AdSense: Google Advertising
A. Do these searches on Google, Australian Google and UK Google and compare results:
Look at the Google Ads on these websites:
C. Google Trends and Google Analytics
D. AdWords
KeyWord Tool and Tool
More information: Google Learning Centre
E. Other types of Google advertising
Maps
F. Problems & Issues
(a) Pay Per Click Websites
Look at these websites:
(What is legitimate? See RealSpanking and Jackass and UStream)
(b) Click Fraud
What percentage of click are fraudulent? See this story and here too.
Clickfraud is old news: Crack-down
(c) Trade Mark Issues
Google Procedure
ACCC Lawsuit: See here and here and here and here (Google filed its defence on 17 November 2008.)
RescueCom Lawsuit
French Lawsuit
Geico Lawsuit and settlement
More information
Google Business Solutions
3. Legal issues and lawsuits
Book Search Lawsuit and here
Caching & Copyright: see here and here and here
Also, see older posts in this blog, such as this post from 2006.
1. The breadth of Google.
Search
www.google.com
www.google.com.au
www.google.co.uk
www.google.ca
www.google.de
www.google.com.br
www.google.com.bd
www.igoogle.com
News
Images
Blogs
Maps
Videos
Books
Scholarly Papers
Finance
Custom Search, example: Leading Australian Law Firms
Syndicated Search and example
Directory
Products
Google Base
Search tricks and tips
Internal search
Site Search
Site Map
Other Google Stuff
Toolbar
Google Accounts
Web History
Gmail
Photos: Picasa and Picasa Web
Chrome Browser
Blogger
Groups
Reader
Notebook
Calendar
Docs
Talk
YouTube
More information: Wikipedia
How Google Works
Google Sitemap
2. AdWords and AdSense: Google Advertising
A. Do these searches on Google, Australian Google and UK Google and compare results:
- Noosa
- Hilton
- Q1
- cheap accomodation queensland
- flowers paddington
- the tallest building in brisbane is
- DSL-G604T
- Sony
- Harvey World Travel
- Harvey World Travel Insurance
Look at the Google Ads on these websites:
- NY Times
- Van Gogh Gallery
- Brisbane Apartments and Reviews
- Cyberlaw and Policy and example article
- This Blog (look top right --->
C. Google Trends and Google Analytics
D. AdWords
- create Ad
- select Keywords, budget and display location
- people then click on your Ad.
KeyWord Tool and Tool
More information: Google Learning Centre
E. Other types of Google advertising
Maps
F. Problems & Issues
(a) Pay Per Click Websites
Look at these websites:
(What is legitimate? See RealSpanking and Jackass and UStream)
(b) Click Fraud
What percentage of click are fraudulent? See this story and here too.
Clickfraud is old news: Crack-down
(c) Trade Mark Issues
Google Procedure
ACCC Lawsuit: See here and here and here and here (Google filed its defence on 17 November 2008.)
RescueCom Lawsuit
French Lawsuit
Geico Lawsuit and settlement
More information
Google Business Solutions
3. Legal issues and lawsuits
Book Search Lawsuit and here
Caching & Copyright: see here and here and here
Also, see older posts in this blog, such as this post from 2006.
LNP candidate hits Labor's Dean Wells in the Googles
THE state election campaign is yet to officially begin, but a new battlefront has emerged in cyberspace in the fight to win over undecided voters.
Anyone googling Labor MP Dean Wells' name will first see a link to his Liberal National Party opponent's website on their screens.The LNP's Murrumba candidate Peter Flannery is paying the online search engine for a sponsored link to appear at the top of the results page.
See Courier Mail
New Name - Cyberlaw and Policy
LWN117 has been renamed "Cyberlaw and Policy". It will be offered in Semester One, 2009.
http://www.courses.qut.edu.au/cgi-bin/WebObjects/Courses.woa/wa/selectUnitFromCourseDetails?courseID=7216&idunit=21718
http://www.courses.qut.edu.au/cgi-bin/WebObjects/Courses.woa/wa/selectUnitFromCourseDetails?courseID=7216&idunit=21718
Cutting Edge Websites
It is worth looking at these new websites:
www.rottenneighbor.com
www.frucall.com
www.streeteasy.com
www.hitchsters.com
www.delaycast.com
farecast.live.com
jott.com
Bmail
www.rottenneighbor.com
www.frucall.com
www.streeteasy.com
www.hitchsters.com
www.delaycast.com
farecast.live.com
jott.com
Bmail
Australian Law Firm Search Engine
Click HERE for a specialist search engine of top Australian Law Firm websites.
The Secret Litigation
There is currently a copyright litigation regarding the DVD and best selling book, The Secret.
The Director, Drew Heriot, is suing Rhonda Byrne in Federal Court in Chicago. Byrne's Eastern European company, TS Productions, is suing Drew in Federal Court in Melbourne, Australia.
Although these cases do not directly concern the Internet, they raise interesting questions regarding jurisdiction and appropriate forum.
I am representing Drew Heriot.
See: http://www.nytimes.com/2008/04/26/arts/26secr.html
and
http://www.theaustralian.news.com.au/story/0,25197,24223394-5012694,00.html
The Director, Drew Heriot, is suing Rhonda Byrne in Federal Court in Chicago. Byrne's Eastern European company, TS Productions, is suing Drew in Federal Court in Melbourne, Australia.
Although these cases do not directly concern the Internet, they raise interesting questions regarding jurisdiction and appropriate forum.
I am representing Drew Heriot.
See: http://www.nytimes.com/2008/04/26/arts/26secr.html
and
http://www.theaustralian.news.com.au/story/0,25197,24223394-5012694,00.html
Internet Business Issues
David Jacobson, from Brisbane, has a very useful Blog for Internet businesses in Brisbane, titled "External Insights".
New blog
Now that LWN117 is over for 2006, if you are interested in following developments that relate to the legal regulation of the internet, visit my new blog Freedom to Differ: http://freedomtodiffer.typepad.com/
Reading For Class
In Monday's class, we will be studying Google and Ebay. How does these sites make money? What are the legal risks?
Read about Google and Ebay in the next series of posts. (There are earlier posts also referring to Google and Ebay.)
Make sure that you are familar with the Google and Ebay websites. Ebay also owns PayPal. (Some people thing that Paypal sucks.) Ebay has lots of information about Ebay on its site.
Ebay sells some weird stuff. Have a look here, and see the weird stuff category.
Also, if you have time, do a search on Google using the terms "google lawsuits" and "ebay lawsuits".
Read about Google and Ebay in the next series of posts. (There are earlier posts also referring to Google and Ebay.)
Make sure that you are familar with the Google and Ebay websites. Ebay also owns PayPal. (Some people thing that Paypal sucks.) Ebay has lots of information about Ebay on its site.
Ebay sells some weird stuff. Have a look here, and see the weird stuff category.
Also, if you have time, do a search on Google using the terms "google lawsuits" and "ebay lawsuits".
Recent Articles About Ebay
[Source for these and next 3 posts are the excellent BNA News]
EBAY AND YAHOO FORM ADVERTISING ALLIANCE
Yahoo and eBay have reached a multi-year advertising and
commercial partnership aimed at boosting their position
against Web search leader Google. According to the deal,
Yahoo will be the exclusive third-party provider of all
graphic ads throughout eBay's auction site. Yahoo has also
chosen eBay's online payment system PayPal to allow its own
customers to pay for Yahoo Web services.
http://www.nytimes.com/reuters/technology/tech-media-yahoo-ebay.html
MORPHEUS MAKERS FILE LAWSUIT AGAINST EBAY
StreamCast Networks, the creators of the Morpheus
file-sharing software, is alleging in a lawsuit that auction
house eBay is profiting from peer-to-peer technology that
rightfully belongs to it. StreamCast claims in a lawsuit
filed Monday in the U.S. Central District Court in Los
Angeles that Niklas Zennstrom and Janus Friis, the duo who
developed the technology behind companies Kazaa and Skype,
of breaking an agreement to give StreamCast the first right
to purchase their FastTrack peer-to-peer protocol.
http://news.com.com/2100-1030_3-6075933.html
SUPREME COURT ORDERS NEW HEARING FOR EBAY
The US Supreme Court has handed a victory to patent-reform
advocates, ruling that MercExchange was not automatically
entitled to a court order in a patent dispute with eBay. In
a closely watched case, the court unanimously ruled that
judges have flexibility in deciding whether to issue court
orders barring continued use of a technology after juries
find a patent violation. Decision at
http://laws.findlaw.com/us/000/05-130.html
Coverage at
http://tinyurl.com/s2q86
EBAY USER SENTENCED TO FIVE MONTHS IN JAIL FOR THREATS
A Romanian native unhappy with eBay Inc.'s business
practices was sentenced to five months in prison for making
e-mailed threats against two of the company's top officers.
Florin Horicianu also received five months of electronic
monitoring and was ordered to stay away from eBay employees
and events
http://tinyurl.com/ng8s7
UK INTRODUCES LAW TO BLOCK SOCCER TICKET SALES ON EBAY
FIFA IS set for a legal battle with eBay after the auction
site failed to halt the sale of unofficial World Cup tickets
on their website. The UK Government yesterday introduced a
change in the law governing the sale of tickets for the
World Cup not authorised by football's world governing body
Fifa. Under the 1994 Criminal Justice and Public Order Act
it was already an offence to sell tickets for any of
England's group matches at this summer's finals in Germany.
But yesterday's amendment widened the definition of a
designated match covered by the legislation making it
illegal to sell tickets for any World Cup games.
http://tinyurl.com/ggmcq
'WARCRAFT' MAKER SUED FOR BLOCKING SALES OF UNOFFICIAL GUIDE
Makers of the wildly popular "World of Warcraft" online game
now face a lawsuit from an eBay seller who claims he was
improperly barred from selling copies of his own unofficial
gaming guide. During several months beginning last August,
24-year-old Brian Kopp sold several hundred copies of his
guide, which contains tips on playing the game and
accumulating points, at roughly $15 apiece. Weeks after his
first auction went live, Blizzard, Vivendi, and the ESA
began sending repeated takedown notices under the DMCA,
asking eBay to yank the auctions because of copyright and
trademark infringement concerns.
http://news.com.com/2100-1043_3-6053716.html
TOWN AUCTIONED ON EBAY UP FOR SALE AGAIN
The first town ever auctioned on eBay soon will be back up
for sale on the online auction site. Nearly two years after
he bought the tiny town of Bridgeville, Orange County
financial adviser Bruce Krall says he plans to re-auction
the Humboldt County hamlet on eBay next month.
<http://tinyurl.com/ftcq6>
POLICE OFFICER SELLS STOLEN VEHICLE ON EBAY
A police officer in Florida has been charged with selling a
car that he knew had been stolen over eBay to a man in North
Carolina. The Florida Highway Patrol was brought into this
by the Kissimmee Police Department because, when North
Carolina authorities called, officers realized the man they
were investigating was one of their own.
http://www.wftv.com/news/2544472/detail.html
EBAY AND YAHOO FORM ADVERTISING ALLIANCE
Yahoo and eBay have reached a multi-year advertising and
commercial partnership aimed at boosting their position
against Web search leader Google. According to the deal,
Yahoo will be the exclusive third-party provider of all
graphic ads throughout eBay's auction site. Yahoo has also
chosen eBay's online payment system PayPal to allow its own
customers to pay for Yahoo Web services.
http://www.nytimes.com/reuters/technology/tech-media-yahoo-ebay.html
MORPHEUS MAKERS FILE LAWSUIT AGAINST EBAY
StreamCast Networks, the creators of the Morpheus
file-sharing software, is alleging in a lawsuit that auction
house eBay is profiting from peer-to-peer technology that
rightfully belongs to it. StreamCast claims in a lawsuit
filed Monday in the U.S. Central District Court in Los
Angeles that Niklas Zennstrom and Janus Friis, the duo who
developed the technology behind companies Kazaa and Skype,
of breaking an agreement to give StreamCast the first right
to purchase their FastTrack peer-to-peer protocol.
http://news.com.com/2100-1030_3-6075933.html
SUPREME COURT ORDERS NEW HEARING FOR EBAY
The US Supreme Court has handed a victory to patent-reform
advocates, ruling that MercExchange was not automatically
entitled to a court order in a patent dispute with eBay. In
a closely watched case, the court unanimously ruled that
judges have flexibility in deciding whether to issue court
orders barring continued use of a technology after juries
find a patent violation. Decision at
http://laws.findlaw.com/us/000/05-130.html
Coverage at
http://tinyurl.com/s2q86
EBAY USER SENTENCED TO FIVE MONTHS IN JAIL FOR THREATS
A Romanian native unhappy with eBay Inc.'s business
practices was sentenced to five months in prison for making
e-mailed threats against two of the company's top officers.
Florin Horicianu also received five months of electronic
monitoring and was ordered to stay away from eBay employees
and events
http://tinyurl.com/ng8s7
UK INTRODUCES LAW TO BLOCK SOCCER TICKET SALES ON EBAY
FIFA IS set for a legal battle with eBay after the auction
site failed to halt the sale of unofficial World Cup tickets
on their website. The UK Government yesterday introduced a
change in the law governing the sale of tickets for the
World Cup not authorised by football's world governing body
Fifa. Under the 1994 Criminal Justice and Public Order Act
it was already an offence to sell tickets for any of
England's group matches at this summer's finals in Germany.
But yesterday's amendment widened the definition of a
designated match covered by the legislation making it
illegal to sell tickets for any World Cup games.
http://tinyurl.com/ggmcq
'WARCRAFT' MAKER SUED FOR BLOCKING SALES OF UNOFFICIAL GUIDE
Makers of the wildly popular "World of Warcraft" online game
now face a lawsuit from an eBay seller who claims he was
improperly barred from selling copies of his own unofficial
gaming guide. During several months beginning last August,
24-year-old Brian Kopp sold several hundred copies of his
guide, which contains tips on playing the game and
accumulating points, at roughly $15 apiece. Weeks after his
first auction went live, Blizzard, Vivendi, and the ESA
began sending repeated takedown notices under the DMCA,
asking eBay to yank the auctions because of copyright and
trademark infringement concerns.
http://news.com.com/2100-1043_3-6053716.html
TOWN AUCTIONED ON EBAY UP FOR SALE AGAIN
The first town ever auctioned on eBay soon will be back up
for sale on the online auction site. Nearly two years after
he bought the tiny town of Bridgeville, Orange County
financial adviser Bruce Krall says he plans to re-auction
the Humboldt County hamlet on eBay next month.
<http://tinyurl.com/ftcq6>
POLICE OFFICER SELLS STOLEN VEHICLE ON EBAY
A police officer in Florida has been charged with selling a
car that he knew had been stolen over eBay to a man in North
Carolina. The Florida Highway Patrol was brought into this
by the Kissimmee Police Department because, when North
Carolina authorities called, officers realized the man they
were investigating was one of their own.
http://www.wftv.com/news/2544472/detail.html
Recent Articles About Google
CLICK FRAUD CONCERNS HOUND GOOGLE DESPITE SETTLEMENT
An AP article reports on problems plaguing Google over its click-fraud settlement. Some companies say that Google is trying to short-change them and thousands of other
advertisers by offering refunds totalling $60 million to settle a lawsuit. The refunds, which will be provided in the form of advertising credits, are meant to compensate Google's customers for undetected click fraud, which contributed to the $13.3 billion in ad revenue that has poured into the company since 2001.
http://www.siliconvalley.com/mld/siliconvalley/news/editorial/14530012.htm
GOOGLE TO SHUT DOWN ORKUT COMMUNITIES AT BRAZIL'S REQUEST
Google has agreed to shut down some communities on its
popular Orkut social networking site because the Brazilian
government says they advocate violence and human rights
violations. In recent years, news reports have linked
drug-dealing operations and organized fights between soccer
fans to Orkut communities. One community allegedly advocated
killing the president and planting a bomb in Congress and
explained those thing might be done.
http://www.siliconvalley.com/mld/siliconvalley/news/editorial/14658299.htm
GOOGLE RETAINS LEAD IN U.S. SEARCH MARKET
Google's share of the US Web search market continues to edge
beyond Yahoo and Microsoft, according to the latest monthly
numbers released by analysis firm ComScore Networks. The
search giant's market share among home, work, and university
Internet users climbed from 42.7 percent to 43.1 percent
from March to April of this year, up from 36.5 percent in
April 2005.
http://news.com.com/2100-1038_3-6074893.html
BEHIND THE GOOGLE BOOK SEARCH INITIATIVE
The NY Times Magazine ran a lengthy feature on the Google
Book Search program and the growing interest in scanning
millions of books, a move facilitated by technology and the
Internet.
http://www.nytimes.com/2006/05/14/magazine/14publishing.html
EX-GOOGLE ADVERTISER SUES TO BLOCK CLICK-FRAUD SETTLEMENT
A former Google Inc. advertiser sued Wednesday to block a
proposed $90 million class-action settlement, arguing the
amount grossly understates how much the online search engine
leader has benefited from a ruse known as ``click fraud.''
The complaint, filed by Joseph Kinney in Arkansas state
court, targets two small businesses -- Lane's Gifts &
Collectibles and Caufield Investigations -- leading a
class-action lawsuit filed on behalf of thousands of
merchants and entrepreneurs who have bought ads through
Google's search engine since 2001.
http://www.siliconvalley.com/mld/siliconvalley/news/editorial/14548096.htm
NY LAWMAKERS SUES GOOGLE OVER CHILD PORNOGRAPHY
A Long Island politician sued Google on Thursday claiming
the search engine leader is profiting from illegal child
pornography. Jeffrey Toback, a member of the Nassau County
Legislature, said Google has paid links to Web sites
containing pornography involving minors.
http://www.businessweek.com/ap/financialnews/D8HDB6DO2.htm
GOOGLE EXPRESSES CONCERN OVER BROWSER-SEARCH BUNDLING
With a $10 billion advertising market at stake, Google, the
fast-rising Internet star, is raising objections to the way
that it says Microsoft, the incumbent powerhouse of
computing, is wielding control over Internet searching in
its new Web browser. Google says it expressed concerns about
competition in the Web search business in recent talks with
the Justice Department and the European Commission, both of
which have brought previous antitrust actions against
Microsoft.
http://www.nytimes.com/2006/05/01/technology/01google.html
FRENCH PRESIDENT UNVEILS PLAN TO CREATE GOOGLE RIVAL
The French president, Jacques Chirac, yesterday unveiled
what he hopes will be his great legacy to France's struggle
against the global dominance of the US: a series of
technological projects including a European search engine to
rival Google. Named Quaero - Latin for "I search" - the
search engine aims to be the first to efficiently sort
through audio, images and video.
http://technology.guardian.co.uk/news/story/0,,1761482,00.html
GOOGLE WILL NOT FIGHT CHINESE CENSORSHIP
Google's chief executive, Eric E. Schmidt, says Google is
not lobbying to change China's censorship laws and, for now,
has no plans to do so. Schmidt was visiting China last week
to promote the company's new Chinese search engine and to
meet with officials of various Chinese ministries.
http://news.com.com/2100-1030_3-6060698.html
SF PICKS GOOGLE AND EARTHLINK BID FOR WIFI INITIATIVE
Google's bid to blanket San Francisco with a free wireless
Internet service cleared a major hurdle Wednesday when a
city panel identified the search leader and EarthLink as the
best candidates for the ambitious project. The
recommendation, completing a six-week review, allows the
city to begin negotiations with Google and EarthLink, which
decided to team together earlier this year after initially
bidding against each other. The companies will pay to build
the entire network, which is expected to cost at least $15
million.
http://tinyurl.com/j5cpf
COURT DISMISSES SEARCH KEYWORD TRADEMARK CLAIMS
A US federal court ruled last week that the purchase by
Canadian pharmacies of search engine keywords using the name
of rival Merck's "Zocor" cholesterol reduction drug does not
constitute trademark infringement. The US District Court for
the Southern District of New York refused to dismiss the
claims of trademark dilution and false advertising, but
dismissed the trademark infringement claim related to the
keyword purchases.
http://news.com.com/2100-1030_3-6056754.html
GOOGLE EARTH MAY CATCH A BREAK IN PATENT QUAKE
Google may get a break from a federal judge in a lawsuit
claiming the company's 3D Earth-mapping program violates
patent rights. The legal fight began in May 2004 when a
Virginia-based company called Skyline Software Systems filed
a patent-infringement suit against Keyhole. Google became
part of the suit after it acquired Keyhole in October 2004.
http://news.com.com/2100-1032_3-6056716.html
CT. SENDS GOOGLE KEYWORD INFRINGEMENT CASE TO TRIAL
A court has ruled that a lawsuit over a company purchasing a
rival's trademark as a search keyword should go to trial, in
what could be the first case to scrutinize the trademark
infringement liability of keyword purchasers. Edina Realty
sued rival real estate company TheMLSonline.com, accusing it
of false advertising, trademark infringement and trademark
dilution. According to the suit, MLS used "Edina Realty" in
search terms purchased on Google and Yahoo, in the text of
the MLS ads that appeared on the two search sites, and in
hidden links and text on the MLS Web site.
http://news.com.com/2100-1024_3-6055768.html
9TH CIRCUIT OVERTURNS YAHOO! FRANCE DECISION
The 9th Circuit Court of Appeals yesterday ruled against
Yahoo in the company's attempt to persuade the court to
intervene in a landmark ruling in France over the sale of
Nazi memorabilia on its websites. The 99 page decision
focuses on the jurisdiction of the court and whether the
first amendment issues were ripe for consideration. Decision
at
http://caselaw.findlaw.com/data2/circs/9th/0117424P.pdf
Coverage at
http://msnbc.msn.com/id/10827880/
http://news.com.com/2100-1030_3-6026749.html
FEDERAL COURT HEARS ARGUMENTS IN GOOGLE NEWS CASE
BNA's E-commerce Law Daily reports on Wednesday's hearing
involving the suit by Agence France Press against Google
over the Google News service. At issue is whether news
headlines are copyrightable subject matter.
http://ipcenter.bna.com/pic2/ip.nsf/id/BNAP-6KYKF9?OpenDocument
An AP article reports on problems plaguing Google over its click-fraud settlement. Some companies say that Google is trying to short-change them and thousands of other
advertisers by offering refunds totalling $60 million to settle a lawsuit. The refunds, which will be provided in the form of advertising credits, are meant to compensate Google's customers for undetected click fraud, which contributed to the $13.3 billion in ad revenue that has poured into the company since 2001.
http://www.siliconvalley.com/mld/siliconvalley/news/editorial/14530012.htm
GOOGLE TO SHUT DOWN ORKUT COMMUNITIES AT BRAZIL'S REQUEST
Google has agreed to shut down some communities on its
popular Orkut social networking site because the Brazilian
government says they advocate violence and human rights
violations. In recent years, news reports have linked
drug-dealing operations and organized fights between soccer
fans to Orkut communities. One community allegedly advocated
killing the president and planting a bomb in Congress and
explained those thing might be done.
http://www.siliconvalley.com/mld/siliconvalley/news/editorial/14658299.htm
GOOGLE RETAINS LEAD IN U.S. SEARCH MARKET
Google's share of the US Web search market continues to edge
beyond Yahoo and Microsoft, according to the latest monthly
numbers released by analysis firm ComScore Networks. The
search giant's market share among home, work, and university
Internet users climbed from 42.7 percent to 43.1 percent
from March to April of this year, up from 36.5 percent in
April 2005.
http://news.com.com/2100-1038_3-6074893.html
BEHIND THE GOOGLE BOOK SEARCH INITIATIVE
The NY Times Magazine ran a lengthy feature on the Google
Book Search program and the growing interest in scanning
millions of books, a move facilitated by technology and the
Internet.
http://www.nytimes.com/2006/05/14/magazine/14publishing.html
EX-GOOGLE ADVERTISER SUES TO BLOCK CLICK-FRAUD SETTLEMENT
A former Google Inc. advertiser sued Wednesday to block a
proposed $90 million class-action settlement, arguing the
amount grossly understates how much the online search engine
leader has benefited from a ruse known as ``click fraud.''
The complaint, filed by Joseph Kinney in Arkansas state
court, targets two small businesses -- Lane's Gifts &
Collectibles and Caufield Investigations -- leading a
class-action lawsuit filed on behalf of thousands of
merchants and entrepreneurs who have bought ads through
Google's search engine since 2001.
http://www.siliconvalley.com/mld/siliconvalley/news/editorial/14548096.htm
NY LAWMAKERS SUES GOOGLE OVER CHILD PORNOGRAPHY
A Long Island politician sued Google on Thursday claiming
the search engine leader is profiting from illegal child
pornography. Jeffrey Toback, a member of the Nassau County
Legislature, said Google has paid links to Web sites
containing pornography involving minors.
http://www.businessweek.com/ap/financialnews/D8HDB6DO2.htm
GOOGLE EXPRESSES CONCERN OVER BROWSER-SEARCH BUNDLING
With a $10 billion advertising market at stake, Google, the
fast-rising Internet star, is raising objections to the way
that it says Microsoft, the incumbent powerhouse of
computing, is wielding control over Internet searching in
its new Web browser. Google says it expressed concerns about
competition in the Web search business in recent talks with
the Justice Department and the European Commission, both of
which have brought previous antitrust actions against
Microsoft.
http://www.nytimes.com/2006/05/01/technology/01google.html
FRENCH PRESIDENT UNVEILS PLAN TO CREATE GOOGLE RIVAL
The French president, Jacques Chirac, yesterday unveiled
what he hopes will be his great legacy to France's struggle
against the global dominance of the US: a series of
technological projects including a European search engine to
rival Google. Named Quaero - Latin for "I search" - the
search engine aims to be the first to efficiently sort
through audio, images and video.
http://technology.guardian.co.uk/news/story/0,,1761482,00.html
GOOGLE WILL NOT FIGHT CHINESE CENSORSHIP
Google's chief executive, Eric E. Schmidt, says Google is
not lobbying to change China's censorship laws and, for now,
has no plans to do so. Schmidt was visiting China last week
to promote the company's new Chinese search engine and to
meet with officials of various Chinese ministries.
http://news.com.com/2100-1030_3-6060698.html
SF PICKS GOOGLE AND EARTHLINK BID FOR WIFI INITIATIVE
Google's bid to blanket San Francisco with a free wireless
Internet service cleared a major hurdle Wednesday when a
city panel identified the search leader and EarthLink as the
best candidates for the ambitious project. The
recommendation, completing a six-week review, allows the
city to begin negotiations with Google and EarthLink, which
decided to team together earlier this year after initially
bidding against each other. The companies will pay to build
the entire network, which is expected to cost at least $15
million.
http://tinyurl.com/j5cpf
COURT DISMISSES SEARCH KEYWORD TRADEMARK CLAIMS
A US federal court ruled last week that the purchase by
Canadian pharmacies of search engine keywords using the name
of rival Merck's "Zocor" cholesterol reduction drug does not
constitute trademark infringement. The US District Court for
the Southern District of New York refused to dismiss the
claims of trademark dilution and false advertising, but
dismissed the trademark infringement claim related to the
keyword purchases.
http://news.com.com/2100-1030_3-6056754.html
GOOGLE EARTH MAY CATCH A BREAK IN PATENT QUAKE
Google may get a break from a federal judge in a lawsuit
claiming the company's 3D Earth-mapping program violates
patent rights. The legal fight began in May 2004 when a
Virginia-based company called Skyline Software Systems filed
a patent-infringement suit against Keyhole. Google became
part of the suit after it acquired Keyhole in October 2004.
http://news.com.com/2100-1032_3-6056716.html
CT. SENDS GOOGLE KEYWORD INFRINGEMENT CASE TO TRIAL
A court has ruled that a lawsuit over a company purchasing a
rival's trademark as a search keyword should go to trial, in
what could be the first case to scrutinize the trademark
infringement liability of keyword purchasers. Edina Realty
sued rival real estate company TheMLSonline.com, accusing it
of false advertising, trademark infringement and trademark
dilution. According to the suit, MLS used "Edina Realty" in
search terms purchased on Google and Yahoo, in the text of
the MLS ads that appeared on the two search sites, and in
hidden links and text on the MLS Web site.
http://news.com.com/2100-1024_3-6055768.html
9TH CIRCUIT OVERTURNS YAHOO! FRANCE DECISION
The 9th Circuit Court of Appeals yesterday ruled against
Yahoo in the company's attempt to persuade the court to
intervene in a landmark ruling in France over the sale of
Nazi memorabilia on its websites. The 99 page decision
focuses on the jurisdiction of the court and whether the
first amendment issues were ripe for consideration. Decision
at
http://caselaw.findlaw.com/data2/circs/9th/0117424P.pdf
Coverage at
http://msnbc.msn.com/id/10827880/
http://news.com.com/2100-1030_3-6026749.html
FEDERAL COURT HEARS ARGUMENTS IN GOOGLE NEWS CASE
BNA's E-commerce Law Daily reports on Wednesday's hearing
involving the suit by Agence France Press against Google
over the Google News service. At issue is whether news
headlines are copyrightable subject matter.
http://ipcenter.bna.com/pic2/ip.nsf/id/BNAP-6KYKF9?OpenDocument
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