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Category Archives: Intellectual Property

TorrentFreak – Elsevier Wants CloudFlare to Expose Pirate Sites

Follow up to previous posting, Controversy over free journal access database keeps Sci-Hub in legal and research spotlight – Via TorrentFreak –  PDF copy of Memorandum of Law in Support of Plaintiffs’ Application for Leave to Take Expedited Discovery – Elsevier Inc., Elsevier B.V., and Elsevier Ltd. v Sci-Hub d/b/a ww.sci-hub.org, The Library Genesis Project d/b/a Libgen.org., Alexandra Elbakyan, John Does 1-99. Case 1:15-cv-04282-RWS Document 67 Filed 09/13/16 Page 1 of 13- United States District Court, Southern District of New York.
“As the Court is aware from proceedings to date, Elsevier is a world leading provider of professional information solutions in the Science, Medical, and Health sectors. Elsevier distributes its scientific journal articles and book chapters electronically via its proprietary subscription database “ScienceDirect.” As set forth in the Complaint, the Declarations of Joseph V. DeMarco and Paul F. Doda, and the exhibits thereto, certain unknown individuals have effected a scheme to pirate Elsevier’s copyrighted scientific works by distributing those works , without authorization, on the Internet. On October 28, 2015, this Court granted Plaintiffs’ request for a preliminary injunction against Defendants. The Order specifically restrained the Defendants from “unlawful access to, use, reproduction, and/or distribution of Elsevier’s copyrighted works and from assisting any other person or business entity in engaging in” such activities. Plaintiffs now seek expedited discovery to identify and locate the Defendants. Because most of these individuals have taken great steps in executing their unlawful scheme to conceal their true identities, Elsevier has been unable to identify and name them in its Complaint in this action. Instead, as the Court knows, Elsevier has named “John Does 1-99.” Elsevier therefore seeks leave from the Court to conduct expedited discovery for the limited purpose of sufficiently identifying these individuals so as to be able to name and serve them as Defendants. Specifically, Elsevier seeks to obtain the IP addresses at which two of the Defendants’ websites are located as well as the names, addresses, and contact information, concerning the operators of those websites from a third-party Internet service provider. Elsevier seeks this information for the limited purposes of identifying the Defendants in this action and identifying any service providers who host Defendants’ websites that are covered by the Order so that Elsevier may provide to those service providers copies of this Court’s Orders.”

GAO – Patent Office Has Opportunities to Further Improve Application Review and Patent Quality

Intellectual Property: Patent Office Has Opportunities to Further Improve Application Review and Patent Quality, GAO-16-883T: Published: Sep 16, 2016. Publicly Released: Sep 16, 2016. “U.S. Patent and Trademark Office (USPTO) examiners face a variety of challenges in reviewing patent applications and issuing high quality patents. Some challenges affect examiners’ ability to complete a thorough review… Continue Reading

EFF – EU copyright ruling has far reaching impact on copyright and deep linking

EFF – “In a case which threatens to cause turmoil for thousands if not millions of websites, the Court of Justice of the European Union decided today that a website that merely links to material that infringes copyright, can itself be found guilty of copyright infringement, provided only that the operator knew or could reasonably… Continue Reading

CRS – Stealing Trade Secrets and Economic Espionage

Stealing Trade Secrets and Economic Espionage: An Overview of the Economic Espionage Act, Charles Doyle, Senior Specialist in American Public Law. August 19, 2016. “Stealing a trade secret is a federal crime when the information relates to a product in interstate or foreign commerce, 18 U.S.C. 1832 (theft of trade secrets), or when the intended… Continue Reading

Antitrust and Intellectual Property: A Brief Introduction

Hylton, Keith N., Antitrust and Intellectual Property: A Brief Introduction (August 19, 2016). Boston Univ. School of Law, Law and Economics Research Paper No. 16-32. Available for download at SSRN: http://ssrn.com/abstract=2826636 “Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to… Continue Reading

The Federal Circuit Rules on Trademarks Considered Offensive

CRS Reports & Analysis Legal Sidebar – The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute. August 4, 2016. “Two separate cases involving the revocation of the Washington Redskins’ federally registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band’s name (In re Tam) raise… Continue Reading

Inspection of Federal Computer Security at US Department of the Interior

Inspection of Federal Computer Security at the U.S. Department of the Interior, August 9, 2016: “In accordance with Section 406 of the Cybersecurity Act of 2015, we inspected DOI’s policies, procedures, and practices for securing its computer networks and systems for all covered systems related to logical access control policies and practices, use of multifactor… Continue Reading

The Copyright Holdout Problem and New Internet-Based Services

Cross, John T. and Yu, Peter K., The Copyright Holdout Problem and New Internet-Based Services (July 29, 2016). EXPLORING SENSIBLE MECHANISMS OF PAYING FOR COPYRIGHT, Liu Kung-Chung and Reto M. Hilty, eds., Springer, 2016. Available for download at SSRN: http://ssrn.com/abstract=2815825 “This chapter examines the holdout problem involving a copyright holder’s refusal to license digital content… Continue Reading

UK Intellectual Property Enterprise Court guide

Via Gov.UK – Intellectual Property Enterprise Court guide – The guide covers all the steps involved in using the court, including how to: start a claim in the court serve the claim form write a statement of case put together a trial bundle It also contains contact details for the court and an example of… Continue Reading

GAO Reports – Patent Office Audits

Intellectual Property: Patent Office Should Define Quality, Reassess Incentives, and Improve Clarity, GAO-16-490: Published: Jun 30, 2016. Publicly Released: Jul 20, 2016: “GAO found that district court filings of new patent infringement lawsuits increased from about 2,000 in 2007 to more than 5,000 in 2015, while the number of defendants named in these lawsuits increased… Continue Reading

Activists Release Archives of TIME Magazine Issues to the Wild

Via Motherboard: “Activists have downloaded nearly 100 years worth of TIME magazine issues from the publication’s paywalled digital archive and dumped them all online for anyone to grab for free. “It was possible and seems worthwhile,” Michael Best, a freedom of information activist who obtained the files, told Motherboard in an online chat. In a… Continue Reading

2016 How Google Fights Piracy Report

Via Google Public Policy Blog: “The internet continues to be a boon for creators, their communities, and the content industry. At Google, we are committed to helping these industries flourish online. Today, Google’s services provide content for people all around the world and generate significant revenue for rightsholders. YouTube alone has now generated over $2… Continue Reading