Technically Legal

Apple gets a couple of scary design patents, AT&T thinks wireless is different, and Oracle sues the Java out of Google.

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Apple Design Patents

Article (via TUAW)

Patent #s: D621848, D621849

AT&T on Net Neutrality

AT&T’s Statement

Oracle (d/b/a Sun) Sues Google Over Java (N.D.CA, No. 1418106)

Article (via Tech Crunch)

Complaint

Ben and David Lu!! are MIA this week.

2^6

Comment on this post Posted in: Podcast on August 23, 2010

Does Net Neutrality Violate the Constitution, Are Verizon and Google Making Back Room Deals, Apple Copies an App in a Patent Filing

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Google and Verizon Rumored to have Made Back Room Deal

Google and Verizon Near Deal on Web Pay Tiers
Google’s Response
Verizon’s Response
Ed Markey on Net Neutrality: FCC needs to act quickly

Apple Copies App in Patent Filing

The patent case we haven’t called

Does Net Neutrality Violate the Constitution

Does Net Neutrality Violate the Fifth Amendment?
No, The Fifth Amendment Does Not Complicate Net Neutrality
Virtual Takings: The Coming Fifth Amendment Challenge to Net Neutrality Regulation

1 Comment Posted in: Podcast on August 9, 2010

Google and YouTube win First Round, Congress Can Take Works out of the Public Domain, Apple Sharing Location Data

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Google, YouTube Win First Round Against Viacom

The Opinon

Congress Can Take Works Out of Public Domain

Terrible News: Court Says It’s Okay To Remove Content From The Public Domain And Put It Back Under Copyright
The Opinion

Apple Sharing iPhone Location Data

Apple Now Storing and Sharing Your Location With Others
Congressmen Ask Apple To Explain Privacy Policy Changes
Lawmakers To Introduce New Internet Privacy Bill

Comments Off Posted in: Podcast on June 28, 2010

I’ve finally had an opportunity to sit down a read the opinion in Viacom v. Google. I wanted to share a few thoughts about it.

First, the judge distilled the issue down to one clear question of law: does knowledge of infringing content on the site mean specific, actual, knowledge of each item, or generalized knowledge that there is a lot of infringing activity going on? The judge spent about half the opinion reciting legislative history to inform his answer to the question.

In the end, he came to the same conclusion that many other judges have: that it would ruin DMCA safe harbor, and be contrary to Congress’ intent, if generalized knowledge, or even a duty to investigate files uploaded, could constitute knowledge of infringing works under the DMCA.

All that being said, Viacom has promised to appeal, and this opinion carries no weight on appeal. This opinion is only as useful as it is persuasive to the panel that hears the appeal.

We’ll follow the appeal closely, but these do not move quickly.

Comments Off Posted in: Analysis on June 24, 2010

Sorry for the repeats and the mistakes with this week’s podcast. This should be all fixed now.

Google WebM v. H.264, Twitter Subpoena, and MySpace Authentication

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Google WebM, Royalty Free, but Patent Suit Free?

Google’s WebM video format might not be so free after all, says MPEG-LA
The first in-depth technical analysis of VP8

PA Atty. Gen. Sends Twitter a Subpoena

Pennsylvania Attorney General Tries to Unmask Twitter Critics
Pennsylvania AG Dropping Twitter Subpoena

MySpace Authentication Evidence

Opinions

Comments Off Posted in: Podcast on May 25, 2010

The FTC announced today that it had approved Google’s acquisition of AdMob, an advertising service for mobile devices. From the FTC’s press release:

[A]lthough the combination of the two leading mobile advertising networks raised serious antitrust issues, the agency’s concerns ultimately were overshadowed by recent developments in the market, most notably a move by Apple Computer Inc. – the maker of the iPhone – to launch its own, competing mobile ad network. In addition, a number of firms appear to be developing or acquiring smartphone platforms to better compete against Apple’s iPhone and Google’s Android, and these firms would have a strong incentive to facilitate competition among mobile advertising networks.

I can’t recall a time when an announced, but yet unreleased, product or service has stopped the FTC from trying to block an acquisition. But, in reality, by the time this would have been litigated, the market probably would have changed enough to make the antitrust concerns moot.

Comments Off Posted in: Links on May 21, 2010

The iPhone Search Warrant, Google Goofs with WiFi Data, and LimeWire held liable for Copyright infringement.

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iPhone Search Warrant

iPhone Investigation Documents Ordered Unsealed (Update1)
Roommate’s Tip Led Cops to iPhone Finder
The Warrant Application

Google Goofs with WiFi Data Privacy

Google Says It Collected Private Data by Mistake
WiFi data collection: An update

LimeWire held liable for Copyright Infringement

LimeWire Likely To Shut Down Soon
CopyWrong! Kimba Wood Squeezes the Juice Out of Limewire
The Opinion

Comments Off Posted in: Podcast on May 17, 2010

After just discussing the Google/China spat on our last podcast, this story emerged today.

According to several media stories, Google search results were unavailable on their Chinese website as of today.  Apparently, users could access the Google search page, but were unable to yield results when attempting to search.  This news comes just a week after Google began redirecting their http://google.cn site to their Hong Kong servers at http://google.hk where censorship restrictions are more lax.

Some reports were that China had begun blocking the GOOG through the Great Firewall.  However, it now appears that an internalized error was the cause of the problem.  Somehow an errant text string was inserting itself into the URL of search result pages and caused the search engine to display an error.

For the most current info on the effects of the larger dispute between Google and China dispute, Google has a website which is tracking the status of their online services in mainland China: http://www.google.com/prc/report.html

Comments Off Posted in: Links on March 30, 2010

Is ACTA Constitutionality, Google v. China, and Fluff Busting

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Is ACTA Constitutional?

Full ACTA Leak Online
Is the Anti-Counterfeiting Trade Agreement Unconstitutional?

Google v. China

Google Stops its Chinese Censorship
China issues media rules for stories on Google
Google Faces Fallout as China Reacts to Site Shift
Google China Status Board

Fluff Busting

Facebook Threatens Greasemonkey Script Writer
Fluff Busting Purity News

1 Comment Posted in: Podcast on March 29, 2010

Just two stories this week: Summary Judgment motions in Viacom v. YouTube, and Netflix shuts down it’s second challenge.

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Motion Filed in Viacom v. YouTube

Read The Just-Unsealed Documents From The YouTube/Viacom Case Here
Broadcast Yourself

Netflix Cancels Second Challenge

FTC’s Privacy Worries Prompt Netflix to Cancel Contest

Comments Off Posted in: Podcast on March 22, 2010