Archive for the ‘Intellectual property’ Category

Google must turn over YouTube search data

LA Times: A federal judge in New York has ordered Google to turn over search data for YouTube to Viacom for use in its $1 billion copyright infringement case against Google. Viacom said that it will not use the personal information in any way that would identify individual users: ”Any information that we or our outside advisors obtain — which will not include personally identifiable information — will be used exclusively for the purpose of proving our case against YouTube and Google, will be handled subject to a court protective order and in a highly confidential manner.”

Privacy advocate Electronic Frontier Foundation pointed out that even without identifiable information such as IP numbers and user names, search histories can be used to identify a person as was done when AOL released search engine data in 2006.

Editorial: Shouldn’t YouTube be in compliance with the Digital Millennium Copyright Act if it responds to notices of infringement by taking down the allegedly infringing content? Viacom says it needs the records to demonstrate routine posting and watching of copyrighted works. Why should this matter if YouTube appropriately responds to each notification?

Image from TechShout.

BitTorrent administrator convicted by DOJ

USDOJ: The Department of Justice announced its first peer-to-peer conviction on Friday. Daniel Dove, 26, got the first criminal conviction after jury trial for P2P copyright infringement. He was an administrator of EliteTorrents.org, which had a staff of elite “Uploaders” with fast connections who provided material for download. His is the eighth plea or conviction under DOJ’s Operation D-Elite, a federal crackdown against the illegal distribution of copyrighted movies, software, games and music over P2P networks using BitTorrent.

“Naked Cowboy” can sue Mars for TM infringement

CNN: Robert John Burck, the Naked Cowboy, is free to sue Mars, maker of M&Ms, for trademark infringement for ads that featured M&Ms dressed as he is — white cowboy boots, hat, and tightie-whities.

The Naked Cowboy 

The Naked M&M

Burck has trademarked his look. Read comments at Law Blog, read the PDF of Judge Denny Chin’s decision at NYT City Room