TIME: "In a complex settlement agreement, which took three years to hammer out and spans 135 pages excluding attachments, Google will be allowed to show up to 20% of the books' text online at no charge to Web surfers. But the part of the settlement that deals with so-called orphan books — which refers to out-of-print books whose authors and publishers are unknown — is what's ruffling the most feathers in the literary henhouse. The deal gives Google an exclusive license to publish and profit from these orphans, which means it won't face legal action if an author or owner comes forward later. This, critics contend, gives it a competitive edge over any rival that wants to set up a competing digital library. And without competition, opponents fear Google will start charging exorbitant fees to academic libraries and others who want full access to its digital library. "It will make Google virtually invulnerable to competition," says Robert Darnton, head of the Harvard University library system."

Follow up to previous postings on GM bankruptcy and auto industry, this press release: "Penske Automotive Group, Inc., an international automotive retailer, announced today that is has signed a Memorandum of Understanding ("MOU") with General Motors regarding the Saturn brand. Under the terms of the MOU, if the transaction is completed, Penske Automotive Group would obtain the rights to the Saturn brand, acquire certain assets including the Saturn parts inventory, and have the right to distribute vehicles and parts through the Saturn Dealership network. General Motors would continue to provide Saturn Aura, Vue and Outlook vehicles, on a contract basis, for an interim period."

Competitive Intelligence - A Selective Resource Guide: Sabrina I. Pacifici's completely revised and updated pathfinder focuses on leveraging selected reliable, focused, free and low cost sites and sources to effectively profile and monitor companies, markets, countries, people, and issues. This guide is a "best of list" of web, database and email alert products, services and tools, as well links to content specific sources produced by governments, academia, NGOs, the media and various publishers.

News release: "Starting today, The eBook Store from Sony will provide access to more than a half-million public domain books from Google optimized for current models of the Reader. At Sony’s eBook store (ebookstore.sony.com), a button on the front page leads to the books from Google, which people can transfer to their PRS-505 or PRS-700 Reader at no cost. The process is seamless for Reader owners who have an account at the store. Those new to the store will need to set up an account and download Sony’s free eBook Library software. To start, people can access more than a half-million public domain books from Google, boosting the available titles from the eBook Store to more than 600,000."

News release: "The Federal Trade Commission announced the fourth in a series of public hearings exploring the evolving market for intellectual property. These hearings, to be held April 17, 2009, in Washington, DC, will explore how corporations, inventors, and patent intermediaries value and monetize patents, strategies for buying and selling patents, and the role of secondary markets for intellectual property. Some of the most significant recent changes in markets for intellectual property have occurred through the emergence of new business models involving the buying, selling and licensing of patents. The April 17 hearing also will showcase some of the recent academic scholarship about the development and functioning of markets for intellectual property and the policy implications surrounding them."

• Financial Audit: American Battle Monuments Commission's Financial Statements for Fiscal Years 2008 and 2007, GAO-09-293, February 27, 2009
• Access to Arts Education: Inclusion of Additional Questions in Education's Planned Research Would Help Explain Why Instruction Time Has Decreased for Some Students, GAO-09-286, February 27, 2009
• Tax Gap: IRS Could Do More to Promote Compliance by Third Parties with Miscellaneous Income Reporting Requirements, GAO-09-238, January 28, 2009
• Overseas U.S. Government Personnel Involved in Efforts to Protect and Enforce Intellectual Property Rights, GAO-09-402R, February 26, 2009
• Defense Acquisitions: Perspectives on Potential Changes to Department of Defense Acquisition Management Framework, GAO-09-295R, February 27, 2009
• Veterinarian Workforce: The Federal Government Lacks a Comprehensive Understanding of Its Capacity to Protect Animal and Public Health, GAO-09-424T, February 26, 2009

Researching Intellectual Property Law In The Russian Federation: Julian Zegelman's updated and revised research guide is intended to assist its users with research of Russian intellectual property law by a) describing the primary sources of intellectual property law in the Russian Federation; and b) listing a number of secondary sources that interpret and comment on intellectual property law in the Russian Federation.

Ahead of the Curve: In 2009, Your Lawyers Are Your Best Knowledge Management Resource - Gretta Rusanow outlines her recommendations on why this year presents an excellent opportunity to work on those long-desired collections of models, best practice documents, sample clauses and know how files.

Follow up to previous postings on the Google Book search project, from the New York Review of Books, Google & the Future of Books, by Robert Darnton

News release: "Acting U.S. Trade Representative Peter Allgeier announced today that a World Trade Organization (WTO) dispute settlement panel has found important aspects of China’s intellectual property rights (IPR) regime to be inconsistent with China’s obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The United States brought claims against China because of serious concerns about several shortcomings in China’s legal regime for protecting and enforcing copyrights and trademarks on a wide range of products."

News release: "The Federal Trade Commission today announced the second in a series of public hearings exploring the evolving market for intellectual property (IP). These hearings, to be held February 11 and 12, 2009 in Washington, DC, will examine remedies for patent infringement...The February 11 hearing will address patent damages, including the standards that govern such assessments, the application of these standards in court proceedings, and the impact of the resulting awards on business activity, including licensing and innovation. The hearing on February 12 will focus on permanent injunctions in the wake of the U.S. Supreme Court’s eBay decision and willful infringement. Panelists will consider, among other issues, the criteria courts have considered in deciding whether to grant or deny an injunction and the effect of these legal doctrines on innovation and business strategies. An agenda for the hearings is available here."

You’re Leaving a Digital Trail. What About Privacy? by John Markoff: "Propelled by new technologies and the Internet’s steady incursion into every nook and cranny of life, collective intelligence offers powerful capabilities, from improving the efficiency of advertising to giving community groups new ways to organize. But even its practitioners acknowledge that, if misused, collective intelligence tools could create an Orwellian future on a level Big Brother could only dream of. Collective intelligence could make it possible for insurance companies, for example, to use behavioral data to covertly identify people suffering from a particular disease and deny them insurance coverage. Similarly, the government or law enforcement agencies could identify members of a protest group by tracking social networks revealed by the new technology."

Hitwise Intelligence - Heather Hopkins - US: "This week we are publishing a report on online brand protection. This issue is huge for marketers with our research showing that more than 1 in 10 US Internet searches for leading brands is led away from the brand owner's website. When you search for a brand in the phone book, you don't find that brand's competitors listed. But when you search online, that brand's fiercest competitors often appear in the sponsored listings. Online businesses need to be aware of the extent of the problem and to understand the best ways to deal with threats."

Courthouse News: "Thomson Reuters demands $10 million and an injunction to stop George Mason University from distributing its new Web browser application, Zotero software, an open-source format that allows users to convert Reuters' EndNote Software. Reuters claims George Mason is violating its license agreement and destroying the EndNote customer base."

Department of Commerce Office of Inspector General - United States Patent and Trademark Office, The Overseas Intellectual Property Rights Attaché Program Is Generally Working Well, but a Comprehensive Operating Plan Is Needed, Final Report IPE-19044/July 2008.

News release: "U.S. Customs and Border Protection’s Office of International Trade announced today that the domestic value of counterfeit and pirated products seized by CBP and U.S. Immigration and Customs Enforcement increased by 2.7 percent in mid-fiscal year 2008 to $113.2 million compared to $110.1 million in mid-FY 2007.

The number of large-scale seizures also increased: rising from 296 IPR seizures with a domestic value equal to or greater than $100,000 in 2008 compared to 266 such seizures in mid-FY 2007. The first half of the fiscal year extends from Oct. 1 to March 28. (IPR Seizure Statistics)

• Defense Infrastructure: High-Level Leadership Needed to Help Communities Address Challenges Caused by DOD-Related Growth, GAO-08-665, June 17, 2008
• Intellectual Property: Leadership and Accountability Needed to Strengthen Federal Protection and Enforcement, GAO-08-921T, June 17, 2008
• Long-Term Fiscal Outlook: Long-Term Federal Fiscal Challenge Driven Primarily by Health Care, GAO-08-912T, June 17, 2008
• Millennium Challenge Corporation: Independent Reviews and Consistent Approaches Will Strengthen Projections of Program Impact, GAO-08-730, June 17, 2008

Intellectual Property: Federal Enforcement Has Generally Increased, but Assessing Performance Could Strengthen Law Enforcement Efforts, GAO-08-157, March 11, 2008: "Five key agencies play a role in IP enforcement, and their enforcement functions include seizures, investigations, and prosecutions. While IP enforcement is generally not their highest priority, IP crimes with a public health and safety risk, such as production of counterfeit pharmaceuticals, is an IP enforcement priority at each agency. Determining agencies' IP enforcement resources is challenging because few staff are dedicated to this area, and not all agencies track staff time spent on IP enforcement.

Agencies carry out some enforcement actions through their headquarters, but significant enforcement takes place in the field. Federal enforcement actions generally increased during fiscal years 2001-2006, but the key agencies have not taken key steps to assess their achievements. For example, most have not systematically analyzed their IP enforcement statistics to inform management and resource allocation decisions, collected data on their efforts to address IP crimes that affect public health and safety, or established IP-related performance measures or targets to assess their achievements. Also, Customs and Border Protection's enforcement of exclusion orders, which stop certain IP-infringing goods from entering the country, has been limited due to certain procedural weaknesses. The National Intellectual Property Rights Coordination Center, an interagency mechanism created to coordinate federal investigative efforts, has not achieved its mission and staff levels have decreased. Currently, only one agency participates in the center's activities, which focus on private sector outreach. Agencies have lacked a common understanding of the center's purpose and agencies' roles. The center's upcoming move to a new location presents an opportunity to reconsider its mission."

Press release: "U.S. Coordinator for International Intellectual Property Enforcement Chris Israel released the administration’s Annual Report to the President and Congress on Coordination of Intellectual Property Enforcement and Protection today. The Annual Report conveys the yearly accomplishments and establishes priorities for the upcoming year for the federal agencies responsible for protecting and enforcing American intellectual property (IP) rights, both domestically and abroad."

Information Economy Report 2007-2008 (386 pages, PDF): "The Information Economy Report 2008 - Science and technology for development: the new paradigm of ICT, analyses the current and potential contribution of information technology to knowledge creation and diffusion. It explores how ICTs help generate innovations that improve the livelihoods of the poor and support enterprise competitiveness. The report examines how ICTs affect productivity and growth and reflects on the need for a development-oriented approach to intellectual property rights in order to enable effective access to technology. ICT has also given rise to new models for sharing knowledge and collective production of ideas and innovations, known as "open access" models, which often bypass the incentive system provided by intellectual property rights."

The Threat Posed By Inflated Statutory Damages, Comments on the January 25, 2008 Meeting Hosted by the Copyright Office: "The PRO IP Act (H.R. 4279) proposes to weaken the long-established “one work” rule, which today imposes a measure of certainty on how copyright statutory damages are calculated. Under current law, a copyright plaintiff may seek up to $150,000 per work infringed. In the case of compilations, the one work rule recognizes that the compilation is being marketed as one work, although it may in fact consist of multiple components. Section 104 of the PRO IP Act seeks to undo a central underpinning of statutory damages: ensuring that the damages award for infringement of a compilation does not result in catastrophic multiple awards through a separate award for each component of that compilation. For example, current law authorizes a statutory damages award of up to $150,000 for a single infringement of a magazine containing 100 photos, or a software application containing 100 modules. The proposed changes in Section 104 would allow a plaintiff to claim up to $15 million for the same act of infringement."

Follow up to December 27, 2007 posting Mandate for Public Access to NIH-Funded Research Now Law, see this press release: "The Association of American Publishers [January 3, 2008] criticized a controversial new NIH research publication policy that was enacted as part of the omnibus appropriations package for 2008, and reaffirmed that journal publishers who have opposed the policy will continue to pursue their concerns with Congress regarding the policy’s negative impact on science publishing and the protection of related intellectual property rights. Publishers will also urge NIH to conduct a rulemaking proceeding, with opportunity for public comment, before implementing the new policy."

US State Department's Overseas Security Advisory Council (OSAC) Activity Report: November 2007

"The Office of the U.S. Trade Representative today presented to Congress the statutorily-mandated annual report on China’s compliance with its World Trade Organization accession obligations. The report highlights the status of China's ongoing efforts in such areas as intellectual property rights, industrial policy, agriculture, and services."

Press release: "In an effort to strengthen laws protecting creative and intellectual property, leaders of the House Judiciary Committee today introduced bipartisan legislation to improve federal agency enforcement efforts and provide more resources to those efforts. House Judiciary Committee Chairman John Conyers, Jr. (D-MI), Ranking Member Lamar Smith (R-TX), Subcommittee on Courts, the Internet and Intellectual Property Chairman Howard Berman (D-CA), and Reps. Adam Schiff (D-CA), Tom Feeney (R-FL), Darrell Issa (R-CA), Steve Chabot (R-OH), Steve Cohen (D-TN), Ric Keller (R-FL), Sheila Jackson-Lee (D-TX), Bob Goodlatte (R-VA), and Robert Wexler (D-FL) introduced the "Prioritizing Resources and Organization for Intellectual Property (“PRO IP”) Act of 2007" to combat what they say is an increasing problem...The bipartisan PRO IP bill is supported by both labor unions and industry groups because of the increasing global economic cost of counterfeiting and piracy - which is currently between $500 and $600 billion/year in lost sales and approximately 5% - 7% of global trade. It costs the United States between $200 and $250 billion/year in lost sales, including 750,000 jobs."

Press release: "The new, non-proprietary, open standard, ACAP (Automated Content Access Protocol), is set to put an end to publisher-search engine legal clashes was unveiled and showcased in New York today, 29 November 2007 at a conference opened by World Association of Newspapers President, Gavin O’Reilly and addressed by keynote speaker AP CEO Tom Curley. ACAP has been developed at the initiative of the World Association of Newspapers, the International Publishers Association and the European Publishers Council in close collaboration with search engines to protect the intellectual property of anyone wishing to make content available on the worldwide web. ACAP is the result of an intense 12-month pilot project which has resulted in a unique communications tool that will open the door to more and more high level content, giving all content owners the confidence to make their content available on the worldwide web. From today, publishers globally will be encouraged to implement ACAP version 1 which will allow publishers, broadcasters and indeed any other publisher of content on the network to express their individual access and use policies in a language that search engine robots and similar automated tools can read and understand. ACAP is set to become a universal standard. Click here for instructions on how to implement ACAP."

Press release: "Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Committee member Sen. John Cornyn (R-Texas) Wednesday introduced bipartisan legislation to strengthen U.S. government efforts to combat copyright infringement and counterfeiting at home and abroad. The Judiciary Committee Wednesday also held a hearing today, Examining U.S. Government Enforcement of Intellectual Property Rights. The Intellectual Property Enforcement Act introduced Wednesday by Leahy and Cornyn would strengthen law enforcement capabilities and resources in thwarting copyright theft. The bill [Section-By-Section Analysis] would give civil copyright enforcement powers to the Attorney General and the Department of Justice, and it would authorize additional funding to investigate and prosecute intellectual property crimes involving computers and the Internet. The bill also requires the Federal Bureau of Investigation to assign a minimum of 10 agents to work on intellectual property crimes, and it classifies both the importation and exportation of pirated works as infringement."

Rising Journal Costs Limit Scholarly Access, Emory University:
"Are publishers getting rich publishing your research? A Bear-Stearns evaluation of Reed-Elsevier (one of the world's largest publishers of scholarly journals) recently rated the company, which earns profits of almost 40% annually, "a stockholder's dream." Should private publishers be getting rich selling information generated by research that is funded by academic institutions and the public? What's happening and how does it affect scholars? This article looks at one university’s experience."

Follow up to September 6, 2007 posting, Backgrounder on H.R. 1908, the Patent Reform Act of 2007, Bloomberg News report, House Passes Bill to Curb Suits by Patent Owners: "The House approved the most sweeping changes to United States patent law in more than half a century on Friday...The measure passed by the House would change the rules at the Patent and Trademark Office so patents would go to the first person to file an application, not necessarily the first inventor."

Press release: "The College of Information Studies at the University of Maryland is pleased to announce the launching of the Center for Information Policy and Electronic Government (CIPEG). CIPEG is a multidisciplinary research and educational center that focuses on the intersections between public policy and law, ethics, and trust as they affect the uses of information in society by individuals, organizations, and governments. Originally established in 1998 as the Center for Information Policy (CIP), CIPEG is jointly sponsored by the College of Information Studies and the School of Public Policy of the University of Maryland. The Center principals are Director Dr. Paul T. Jaeger, Associate Director for Educational Programs Stephen Hannestad, and Assistant Directors Dr. Ken Fleischmann and Dr. Jennifer Golbeck. The Center also has more than twenty members from within the University community. CIPEG draws on the expertise of its members in areas such as archival science, computer and information science, education, international relations, knowledge management, public policy, and science and technology studies. Research at CIPEG spans six key areas - Information Policy, Electronic Government, Information Ethics, Social Networks, Emergency Response and Recovery, and Equal Access to Information. Center faculty and staff have researched and published extensively in these areas. Research at CIPEG is grant-based, with Center principals having received funding from the National Science Foundation, the National Archives and Records Administration, the Department of Defense, the Information Security Oversight Office, the American Library Association, and the Bill & Melinda Gates Foundation, among others. [beSpacific author Sabrina I. Pacifici is an adjunct professor with CIPEG]

Intellectual Property Management in Health and Agricultural Innovation: A free resource from MIHR and PIPRA. [thanks to Warren Leary]

WSJ free feature: Policing Web Video With 'Fingerprints' - Sharing Sites Say Technology Could Help Them Identify, Remove Unauthorized Clips: "Proponents of fingerprinting technology say it can help spot TV shows and films that are posted on video-sharing sites such as Google Inc.'s YouTube without their owners' permission, so the sites can remove them or share advertising revenue."

Press release: "The Electronic Frontier Foundation's (EFF's) European Office today announced a broad coalition aimed at fixing a poorly drafted intellectual property enforcement proposal that could make criminals of thousands of people in the European Union. The Second Intellectual Property Rights Enforcement Directive (IPRED2) -- set for vote in the European Parliament early next week -- makes "aiding, abetting, or inciting" intellectual property infringement on a "commercial scale" a criminal offence. However, IPRED2 defines criminal offences so vaguely that creators of legitimate websites, Internet service providers, and even librarians could be investigated by the police and face criminal records as well as fines of hundreds of thousands of euros. The coalition battling against IPRED2 includes the Brussels-based European Consumers Organisation (BEUC), the European Bureau of Library, Information and Documentation Associations (EBLIDA), the Free Software Foundation Europe (FSFE), and the Foundation for a Free Information Infrastructure (FFII). The group sent an open letter to the European Parliament today, urging members to support amendments that would protect consumers, innovators, and researchers."

Tech//404® Data Loss Cost Calculator: "Data loss resulting from network security breaches and identity theft has become a regular occurrence. While the number of affected records can vary widely in any given data loss scenario, a recent study by the Ponemon Institute found that the average number was roughly 99,000. For recent examples and media reports, visit the data loss archive. Darwin created the Tech//404® data loss cost calculator as a tool to demonstrate the scope of negative financial impact an organization may face as a result of a data breach or identity theft data loss scenario. The calculator will automatically generate an average cost, and a plus/minus 20% range, for expenses associated with internal investigation, notification/crisis management and regulatory/compliance if the incident were to give rise to a class action claim."

Antitrust Modernization Commission Report and Recommendations, April 2007.

Press release: "...the Department of Commerce's United States Patent and Trademark Office (USPTO) released a report that concludes that the distributors of five popular filesharing programs repeatedly deployed features that they knew or should have known could cause users to share files inadvertently. The report, Filesharing Programs and "Technological Features to Induce Users to Share, identifies five features in recent versions of five popular filesharing programs that could cause users to inadvertently distribute to others downloaded files or their own proprietary or sensitive files. "Computer programs that can cause unintended filesharing contribute to copyright infringement, and they threaten the security of personal, corporate, and governmental data," noted Jon Dudas, under secretary of commerce for intellectual property-the Bush Administration's point person on copyright policy."

"Counterfeiting and piracy costs U.S. companies between $200-$250 billion a year and roughly 750,000 jobs to date. Nearly all industries are being affected, from apparel and footwear, high-tech industrial goods, medicines, autos and auto parts, food and beverages, and cosmetics to copyrighted works, including entertainment and business software, movies, music, and books. The U.S. Chamber through its National Chamber Foundation has launched a broad initiative to effectively thwart the growing global threat of counterfeiting and piracy to the U.S. economy, the global business community, and consumers."

New Drug Development: Science, Business, Regulatory, and Intellectual Property Issues Cited as Hampering Drug Development Efforts, Full text GAO-07-49, and Highlights, November 17, 2006.

Press release: "Attorney General Bill Lockyer today announced Hewlett-Packard (HP) will finance a new law enforcement fund to fight violations of privacy and intellectual property rights, and adopt corporate governance reforms, under a $14.5 million settlement that resolves allegations the firm used false pretenses – or pretexting – to unlawfully access phone records during its probe of boardroom leaks to the media." [see this FTC Factsheet on Pretexting]

Follow up to September 18, 2006 - posting Belgian Court Rules Against Google in Copyright Dispute:

Levine, David S., "Secrecy and Unaccountability: Trade Secrets in Our Public Infrastructure". Florida Law Review, Forthcoming. [via SSRN]

2006 Report to the President and Congress on Coordination of Intellectual Property Enforcement and Protection (168 pages, PDF): "The report sets forth the actions and initiatives that the U.S. government has taken over the past year to combat the rising tide of global counterfeiting and piracy, and notes the importance of these efforts because of the critical role intellectual property (IP) plays in the country's economic strength and the health and safety of consumers." [link to press release]

CDT press release: "Evaluating DRM: Building a Marketplace for the Convergent World" tackles the complicated subject of copyright protection technology, offering a clear set of metrics for consumers and product reviewers to consider when evaluating DRM-protected devices and services. The goal of the paper is to educate users about what questions to ask to determine how various DRM applications may affect their ability to use movies, music, games and other media."

Reclaiming Pieces of Camelot - How NARA and the JFK Library Recovered Missing Kennedy Documents and Artifacts, by James M. Roth: "Among the more celebrated individuals suspected of misappropriating presidential and federal documents is Evelyn Lincoln, former secretary to President John F. Kennedy. Through the efforts of the John F. Kennedy Presidential Library staff, the National Archives general counsel, and the U.S. Department of Justice, many of these documents and items apparently taken by Lincoln have now been returned to their rightful place. This is the story of how that happened...Finding aids for the papers are online at the John F. Kennedy Presidential Library and Museum web site."

Press release: U.S. Sentencing Commission votes to promulgate emergency guideline amendment regarding intellectual property crimes.

Senate Committee on Homeland Security and Governmental Affairs, Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia -- hearing -- STOP!: A Progress Report on Protecting and Enforcing Intellectual Property Rights Here and Abroad [Links to witness testimony]

Matwyshyn, Andrea M., "Technoconsen(t)sus" (May 2006). Posted July 19, 2006 [Link to download]

Congressional International Anti-Piracy Caucus 2006 Watch List: "...the Caucus announced they will focus on China and Russia as high priority countries, due to the scope and depth of their piracy problems. The Caucus will also closely monitor the serious problems of copyright piracy in the following countries: Mexico, Canada, India and Malaysia."

Madrid System for the International Registration of Marks: WIPO Marks E-Renewal System

Circumventing Competition: The Perverse Consequences of the Digital Millennium Copyright Act (PDF, 28 pages), by Timothy B. Lee

From the Economic Research Service, USDA: Government Patenting and Technology Transfer, by Paul W. Heisey, John L. King, Kelly Day Rubenstein, and Robbin Shoemaker, Economic Research Report No. (ERR15) 60 pp, March 2006.

Managing Cybersecurity Resources: A Cost-Benefit Analysis "details guidelines for using sound and measurable principles of cost-benefit analysis, as a compliment to gut instinct, to efficiently allocate and manage cybersecurity resources within your organization. Written by two globally acknowledged leaders in the increasingly critical area of cybersecurity (Lawrence A. Gordon and Martin P. Loeb), this comprehensive exploration presents:

Following up on a controversial demand made by DOJ to major search engine companies for extensive database records, Google this afternoon posted the following response on their official blog: "In August, Google was served with a subpoena from the U. S. Department of Justice demanding disclosure of two full months' worth of search queries that Google received from its users, as well as all the URLs in Google's index. We objected to the subpoena, which started a set of legal procedures that puts the issue before the Federal courts. Below is the introduction to our response to the Department of Justice's motion to the court to force us to comply with the subpoena. You can find the entire response here. (This is a 25-page PDF file.)"

Press release: "Today, U.S. Trade Representative Rob Portman unveiled the results of a top-to-bottom review of U.S.-China Trade Policy at a news conference. The report, U.S. - China Trade Relations: Entering a New Phase of Greater Accountability and Enforcement (29 pages, PDF), is the first comprehensive statement of U.S. trade policy towards China since it joined the WTO in 2001. The report was provided to Congress this morning with a cover letter (2 pages, PDF) from Ambassador Portman to the Chairmen and Ranking Members of the Senate Finance and House Ways and Means Committees. In this letter, he outlined his objective of closer collaboration with Congress on U.S.-China trade policy."

Related documents:

Declan McCullagh reported that Judge James Ware, US District Court, Northern District of California, has calendered Gonzales v. Google, Inc. for February 27, 2006.

In a shift from previous responses to and commentary about DOJ's subpoena for Google's search data, this New York Times article, In Case About Google's Secrets, Yours Are Safe, recasts the probe with a focus on protecting corporate trade secrets, not preserving user privacy.

Related commentary on Google:

Will Fair Use Survive? Free Expression in the Age of Copyright Control (76 pages, PDF), by Marjorie Heins and Tricia Beckles, Brennan Center for Justice at NYU School of Law, Free Expression Policy Project, December 2005.

Press release: "HarperCollins Publishers today announced they will create a digital warehouse for all of its content and will issue a Request for Proposal (RFP) this month as part of an effort to develop the necessary technical infrastructure to broadly exploit its content digitally. The plan is the first step in satisfying the demands of the marketplace, which is increasingly requiring that content be made available online and in numerous formats, while allowing the publisher to remain in control of its digital files and intellectual property."

Leggo My Ego, GooglePrint and the other culture war, by Tim Wu.

Descriptive metadata for copyright Status, by Karen Coyl:

Following up on my July 27, 2005 posting, Web Archives Provide Sources for Discovery, see this Article of the week from Lawyers Weekly USA: Lawyers Are Turning To Old Websites For Evidence, available free. [note: this article will be archived one week after publication date].

Researching Intellectual Property Law In The Russian Federation,
by Julian Zegelman.

Press release: "The Department of Commerce's United States Patent and Trademark Office (USPTO) has launched a Web site dedicated to small businesses and protecting their intellectual property (IP), both in the U.S. and abroad. Specifically designed to answer common questions of small businesses so they can better identify and address their protection needs, the new online resources are part of a nationwide awareness campaign to help educate small businesses on IP protection." [d.c.]

Whose Work Is It, Anyway? - "The use of 'orphan works' of art and literature, whose creators cannot be identified, puts scholars and artists at odds over changes in copyright law."

Related references:

Today's Wall Street Journal featured a front page article ($), Lawyers' Delight: Old Web Material Doesn't Disappear - Wayback Machine and Google Archive Billions of Pages, Including Deleted Ones, which is worth review. It focuses on how old web pages available from the Internet Archive and cached pages from Google can be of particular value in cases involving domain name disputes.

White House press release, July 22, 2005: "The President intends to appoint Christian Israel, of Virginia, to be Coordinator for International Intellectual Property Enforcement at the Department of Commerce."

Keeper of Expired Web Pages Is Sued Because Archive Was Used in Another Suit

Metro-Goldwyn-Mayer Studios v. Grokster, LTD., Argued March 29, 2005, Decided June 27, 200. Opinion author: Souter

Intellectual Property: U.S. Efforts have Contributed to Strengthened Laws Overseas, but Significant Enforcement Challenges Remain GAO-05-788T, June 14, 2005. Highlights:

IP Theft Surges To 36% Of Global Counterfeiting.
"Intellectual property theft (brands, trademarks and copyrights) surged to
36% of global counterfeiting during the month of February 2005."

"The Strategy Targeting Organized Piracy (STOP!) is the most comprehensive initiative ever advanced to smash the criminal networks that traffic in fakes, stop trade in pirated and counterfeit goods at America's borders, block bogus goods around the world, and help small businesses secure and enforce their rights in overseas markets." [Link]

The Shadow Internet - "They start with a single stolen file and pump out bootleg games and movies by the millions. Inside the pirate networks that are terrorizing the entertainment business."

This Wired article profiles the recently launchedIPac, whose mission is described as follows:

Sometimes the internet goes out of its way to let other people get their hands on your intellectual property, says Simon Moores.

The multi-talented Robert Ambrogi (lawyer, author, blogger, Director of WritersforLawyers), published a new column, Web Watch: Intellectual Property Blogs (in Law Technology News, reg. req'd), which he then promptly updated on his blog.

Report of the Department of Justice's Task Force on Intellectual Property (October 2004, 96 pages, PDF):

Prepared Statement of Attorney General John Ashcroft - Digital Gridlock, Wednesday, August 25, 2004:

Subcommittee on Courts, the Internet, and Intellectual Property, Oversight Hearing, "Derivative Rights, Moral Rights, and Movie Filtering Technology," May 20, 2004:

From the Union for the Public Domain (UPD), a non-profit citizens group since 1996, whose goal is "to protect and enhance the public domain in matters concerning intellectual property," news of this Survey of National Government Representatives Regarding the WIPO Broadcasting Treaty, "being used by volunteers to collect information about national positions on the proposed WIPO Broadcasting Treaty. The results you collect will be posted on the Web so that citizens in your country and around the world can act appropriately to protect the public domain."

The New Surveillance, by Sonia Katyal, Case Western Law Review, Vol. 54, No. 297, 2004.

Attorney General John Ashcroft's Remarks Regarding Operation Fastlink and Internet Piracy (4-22-04):

"The Center for Information Policy (CIP), University of Maryland, is a multidisciplinary research center that analyzes and provides solutions to current policy issues relating to the convergence of information and technology...Privacy, intellectual property and information security are just a few of the areas where CIP offers independent, unbiased quality analysis, advice and proposals for action."

From today's New York Times, Europe Moves to Strengthen Piracy Laws.

The Third Draft Agreement (November 21, 2003) of the Free Trade Area of the Americas (FTAA) includes an extensive section on Intellectual Property Rights. According to the advocacy group IP Justice, the "expanded copyrights...endanger civil liberties and competition....and one of the most controversial sections of the IPR chapter requires countries to outlaw the circumvention of technological restrictions." [Link] The group is sponsoring an "online petition calling for the deletion of the entire chapter on intellectual property rights in the FTAA Treaty." (Thanks to Andrew Sitzer)

As a follow-up to my August 14 posting, Publisher Sues Financial Services Firm for Copyright Violation, this news from Reuters, Legg Mason told to pay $20 mln in copyright suit.

The House Subcommittee on Courts, the Internet, and Intellectual Property Committee on the Judiciary, Joint Hearing with the Committee on Energy and Commerce's Subcommittee on Commerce, Trade and Consumer Protection Oversight, Hearing on the Discussion Draft, H.R. ____, The Database and Collections of Information Misappropriation Act of 2003, held Tuesday, September 23, 2003:

Amazon wins tussle over lookalike site:

Scalable Exploitation of, and Responses to Information Leakage Through Hidden Data in Published Documents, by Simon Byers, AT&T's Research Labs.

From Boston.internet.com: "In a blow for chipmaker Intel, the California Supreme Court Monday found that senders of spam e-mails cannot be sued under state law forbidding property trespass. The 4 to 3 ruling reversed a lower court injunction preventing former Intel engineer Ken Hamidi from sending e-mails critical of Intel to thousands of its employees." See my previous posting, California Supreme Court Reviews E-Mail Case, which links to numerous resources on this case.

National Digital Information Infrastructure and Preservation Program: An Interview with Laura Campbell, Associate Librarian for Strategic Initiatives Library of Congress.

June 17, 2003 - Legislative hearing on H.R. 2344, the Intellectual Property Protection Restoration Act of 2003 (to restore Federal remedies for infringements of intellectual property by states), Subcommittee on Courts, the Internet, and Intellectual Property.

Professor Pamela Samuelson, School of Information Management and Systems, University of California at Berkeley, published a new article, The Constitutional Law of Intellectual Property After Eldred v. Ashcroft, 50 J. Cop. Soc'y (forthcoming 2003). Link via A Copyfighter's Musings, which reviews the article, and its significant citations from other forthcoming articles.

Today the Senate Committee on Commerce, Science and Transportation held a hearing on Federal Trade Commission (FTC) Reauthorization. Testimony was presented on the agency's work in the areas of competition and consumer protection, and future plans for programs that respond to the challenges from the wide range of consumer fraud conducted via the Internet, along with high-profile issues in the news such as personal data collection and web privacy, unsolicited commercial e-mail, IP and competition and antitrust enforcement.

From the American Library Association Washington Office Newsline: "The U.S. Supreme Court on June 2 issued its opinion in Dastar Corp. v. Twentieth Century Fox Film Corp. (case no. 02-428), in which ALA participated as a "friend of the court" in support of Dastar Corporation. The Court has ruled unanimously 8-0 (Justice Breyer did not participate in the case) in favor of Dastar, ruling that the company did not act illegally when it repackaged and distributed a television documentary which had entered the public domain. The reasoning of the court is extremely helpful to supporters of balanced intellectual property laws."

Related documents include:

Via Internet Law Blog, this "table listing the monetary awards that companies have received because they were either victorious in an IP infringement lawsuit, or they negotiated deal in the absense/presence of a infringement lawsuit, or related technology litigation such as antitrust," by Gregeory Aharonian. The chart organizes the information according to the following categories: Amount, Year, Parties, Legal Action, Technology, and Reference. The date range for the cases is 1969 to present.

From Duke University School of Law, the Winter/Spring 2003 issue of Law & Contemporary Problems has 13 full-text articles on public domain issues, including Mapping the Digital Public Domain: Threats and Opportunities and Reconciling What the First Amendment Forbids with what the Copyright Clause Permits: A Summary Explanation and Review. The articles and essays in the issue result from the Conference on the Public Domain, Duke Law School, November 9—11, 2001.

From Eyeteeth, this interview with professor and author Siva Vaidhyanathan, whose books include The Anarchist in the Library, which details the impact of peer-to-peer networks on the dissemination of information, and Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity.

His comments about libraries and the Patriot Act include the following: "What we’re doing though is making librarians choose among their values. Librarians believe very strongly in recordkeeping and in maintaining archives. It’s part of the historical record; that’s half of what they do. But the other half of what they do is serve and protect their patrons. The federal government has made librarians choose between retaining records that might be useful, for instance in budgetary discussions not to mention historical research, and protecting their patrons, so their patrons don’t feel intimidated by the books they choose to read or by the potential of oversight of the books they choose to read. There are a lot of librarians around the country right now who are taking a very noble and strong stand against this situation, and I think we need to celebrate them and support them in this effort."

The World Intellectual Property Organization (WIPO) announced the availability of a new book, Intellectual Property - A Power Tool for Economic Growth, to coincide with World Intellectual Property Day (April 26, 2003). A 21 page overview of the book is available here in html, and here in pdf.

Via Copyfight, this link to The Media Institute's "new online forum for the discussion of the many issues surrounding copyright and intellectual property in the digital age," the Copyright Colloquium.

This month SBC Communications Inc. launched an effort to actively protect its patents on a "structured document browser," U.S. patent No. 5,933,841 and No. 6,442,574.

SBC sent a patent infringement notice to information education products website Museum Tour indicating that "any website which has static, linked information (top banners, menus, bottom banners) which are displayed while other sections of the page are displayed as non-static (the area where products appear on most websites) infringes upon the patents they hold.

Museum Tour has posted a web page with links to SBC's 34 page infringment notice here. As a related resource, see Dan Gillmor's blog associated with his column on SBC's patent claims. He is seeking instances of prior art, and is updating this blog with pertinent information on what will no doubt remain a newsworthy story for some time.

"IP Justice is a new non-profit organization that works to promote balance in global intellectual property law and protect freedom of expression with digital media." An interview with Executive Director Robin D. Gross, an IP attorney formerly with the Electronic Frontier Foundation, was conducted by CNet.

The National Intellectual Property Law Enforcement Coordination Council Report 2001-2002 (in PDF) to Congress is a joint effort by DOJ, USPTO, State Dept., U.S. Trade Representative, Commerce, and the Copyright Office. "The mandate of the Council is to coordinate domestic and international intellectual property law enforcement among federal and foreign entities." See also the DOJ site cybercrime.gov, for details on prosecutions involving computer piracy cases.

On January 3, 2003, Supreme Court Justice O'Connor lifted the stay she ordered on December 26, 2002 in DVD Copy Control Association v. Matthew Pavlovich (S 100609), and upheld the California Supreme Court decision that Pavlovich (a Texas resident who does not do business in California) cannot be forced to stand trail in that state for publishing DVD descrambling source code.

Also see articles at News.com, InfoWorld and this EFF press release.

Yahoo and NCR (founded in 1884 as National Cash Register Company) are battling over computer patents and associated licensing fees in the District Court in San Francisco. On December 13, Yahoo filed suit against NCR (4:02-cv-05813, Yahoo! Inc. v. NCR Corporation
Saundra Brown Armstrong, presiding) claiming it is not infringing NCR's patents.

This New York Times article reports on the anticipated trail in the Western District of Washington that pits the 50 person Lindows.com against the Microsoft behemoth in an effort to revoke the Windows trademark and protect against Microsoft's claims of copyright infringement.

Judge John C. Coughenour's March 15, 2002 30 page ruling in this ongoing battle between the two companies stated "..the Court finds that Lindows.com has met its burden of proof in rebutting the validity of the Windows trademark..." To review the text of pre-trail documents, court rulings and press on this case, you can visit this Lindow's page.

On December 26, Supreme Court Justice Sandra Day O'Connor issued an order granting a temporary stay in DVD Copy Control Association v. Matthew Pavlovich (S 100609), pending receipt of further documentation relevant to the case. The DVD Copy Control Association has been fighting a three-year long battle to protect the Content Scramble System (CSS), a program that prevents users from accessing DVD content on "unauthorized devices." The CSS is covered under the Digital Millennium Copyright Act (DMCA). See the California Supreme Court decision in Pavlovich, filed November 25, 2002, here.

In this Law.com article, a litigation partner from NY's Paul Weiss reviews what he considers the top 12 IP cases of 2002.

Public Knowledge (PK) is a relatively new advocacy group whose agenda is to maintain free and open public access to digital data. According to President and co-founder Gigi B. Sohn, PK seeks to "promote a balanced approach to copyright policy that reflects the "cultural bargain" intended by the framers of the constitution - creators and innovators get incentives to create, which results in a robust public domain of shared knowledge."

The site boasts an excellent design that clearly identifies the range of resources that the organization is providing to the public. These include: press releases, news headlines and news archive, commentary, many topical links to papers, articles, speeches and books, links to related advocacy groups, and historical information on patents.

The House Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property, held an oversight hearing on "Piracy Of Intellectual Property On Peer-to-Peer Networks," September 26, 2002. The Statement of Gigi B. Sohn, President, Public Knowledge, is here. The Statement of Hilary Rosen, Chairman and CEO, Recording Industry Association of America, is here.

The Information Society Project at Yale Law School (ISP) hosts several resources focused on how the Internet, intellectual property and telecommunications impact our civil liberties. The site posts working papers and information about policy initiatives. In addition, the project sponsors a provocative, insightful, and informative searchable weblog, LawMeme, with commentary on legal-tech issues provided by law students.

The Commission on Intellectual Property Rights (CIPR) an international organization, disbanded with the publication this month of their final report, Integrating Intellectual Property Rights and Development Policy. The group's interest was strongly focused on developing countries and their access to the services afforded by technology to the world's prosperous nations.

This ZDNet article summarizes the key proposals in the report, which include eliminating shrink wrap licenses and a call for global support of open source software.

Today the GAO released the following report: Intellectual Property: Information on the U.S. Patent and Trademark Office's Past and Future Operations. GAO-02-907, published August 23, 2002. Revenues, already booming for this agency, will be even higher as their proposed Strategic Plan calls for an increase in overall fees of 51% for large entities, and 67% for small entities.