By Dennis Crouch
- Germany's Max Planck Institute for Intellectual Property and Competition Law has released a paper detailing "Twelve Reasons for Concern" with the proposed European Unitary Patent Court. Their concerns are categorized within the themes of (1) complexity of the regime, (2) imbalances in the system, and (3) lack of legal certainty for investments in innovation. http://www.ip.mpg.de/files/pdf2/MPI-IP_Twelve-Reasons_2012-10-17_final3.pdf. The tone here is more of constructive criticism of the approach rather than an outright rejection of the idea. The photo of Max Planck (shown to the right) was taken just after he learned of the unitary patent system. Annsley Merelle Ward has more about the UK perspective on Unitary Patent Enforcement as part of her regular excellent IPKat coverage.
- Malibu Media v. John Doe 16, 2:12-cv-02078 (E.D. Pa. 2012). There is a tremendous amount of unauthorized distribution of pornographic videos through various internet channels such as BitTorrent. In recent years, porn copyright holders have been fairly successful in convincing many file-sharers to settle cases. Unauthorized file sharing is much more likely to be seen as deviant behavior if the files being shared are pornographic. And so the settlements are largely for the purpose of keeping that activity hidden from public view. In this case, various anonymous Johns in Eastern Pennsylvania were sued for using BitTorrent to share the motion picture known as "Anneli Leila Menage a Trois." It is a fairly easy process these days to identify the IP addresses of BitTorrent users. Malibu has opted to pursue its case against just one defendant who is still labeled John Doe 16 in what the court is calling a "Bellweather trial." Trial is scheduled for early next spring.
- "Copyright troll" stories are being chronicled by dietrolldie
- Missouri is known for many things, including the South Butt parody apparel. In 2010 the company seemingly won the trademark lawsuit brought by the North Face. However, as part of the settlement, South Butt agreed to get permission for further parodies of North Face. Thus, when they started a new Butt Face line of clothing, the North Face filed and has won a contempt motion. In the consented court order, South But has agreed to stop its further attempts to bully the classy apparel company. Yes, you can sign away your fair use rights.