Friday, December 30, 2016

The most dramatic patent and copyright cases of 2016; Ars Technica, 12/30/16

Joe Mullin, Ars Technica; 

The most dramatic patent and copyright cases of 2016:

"Many of the biggest legal disputes in technology relate to "intellectual property," a broad term used for laws relating to everything from copyrights to patents, trademarks to trade secrets. This year saw significant changes in the copyright and patent landscapes. "Patent trolls" who sue technologists for fun and profit got smacked down by courts more often—and harder—than ever before. At the same time, universities were filing patent lawsuits at an increased rate, and often winning.
In the copyright realm, the Oracle v. Google trial dominated the spring. A jury was left to decide the murky rules about when using an API could be "fair use." That legal uncertainty led to the two tech giants clashing over the ethics of each others' business practices and the history of the smartphone industry.
In two very different cases in 2016, copyright issues led to criminal charges being filed. US authorities are seeking to extradite and put on trial a man named Artem Vaulin, who they say made $16 million annually by running a massive online storehouse of pirated films and songs. And more than three years after they were condemned by a federal judge, lawyers behind a vast array of copyright lawsuits, a firm known as Prenda Law, were arrested and accused of fraud. Here's a look back at 2016's most dramatic IP cases."

Disney Wins ‘Cars’ Copyright Case in China; Variety, 12/30/16

Patrick Frater, Variety; 

Disney Wins ‘Cars’ Copyright Case in China:

"A Shanghai court has awarded damages to Disney and Pixar Animation in a copyright case over a Chinese-made film called “The Autobots.” The court ruled that the film was an illegal copy of Disney’s “Cars.”
The court said that the Chinese producer Bluemtv and distributor G-Point had been fined some $190,000 (RMB1.35 million) and ordered to cease their copyright infringement. “The Autobots” film was released in July 2015, and grossed some $863,000 (RMB6 million.)"

Like these beans? Don’t copy the photo, or you might get a hefty bil; Miami Herald, 12/30/16

David Ovalle, Miami Herald; Like these beans? Don’t copy the photo, or you might get a hefty bill:

"Porn. Poems. Pictures. The internet is awash in them. But more and more, people who download them, or use them on another website, are finding themselves targets of companies demanding money for illegally accessed copyrighted material.

Black bean soup — an innocuous snapshot of a tasty bowl, published on a South Florida health blog —has sparked the latest friction point between a media company and critics who believe these companies are “copyright trolls” unfairly shaking down online users...

Both cases, as well as several recent South Florida lawsuits over digital images, highlight the sometimes fuzzy line between outright trolls and companies genuinely needing to protect intellectual work.

“What makes these companies ‘trolls’ is they don’t seek fair value for the images,” said Oscar Michelen, a New York lawyer who specializes in helping people who receive letters demanding payments for photos. “They demand an excessive amount, threaten a lawsuit and scare you into settling for some lower amount.”


Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article123838369.html#storylink=cpy



Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article123838369.html#storylink=cpy


Read
more here: http://www.miamiherald.com/news/local/community/miami-dade/article123838369.html#storylink=cpy

DEADPOOL IS THE MOST-PIRATED FILM OF 2016; Comic Book Resources, 12/30/16

Kevin Melrose, Comic Book Resources; DEADPOOL IS THE MOST-PIRATED FILM OF 2016:

"In its rundown of the most-pirated films of 2016, TorrentFreak reports the Ryan Reynolds action-comedy was the clear winner, outpacing the likes of “Star Wars: The Force Awakens,” “Suicide Squad” and “Batman v Superman: Dawn of Justice” for the dubious honor."

Run-DMC Files $50 Million Trademark Infringement Suit Against Amazon, Walmart, and Other Retailers; Slate, 12/30/16

David Canfield, Slate; 

Run-DMC Files $50 Million Trademark Infringement Suit Against Amazon, Walmart, and Other Retailers:


"Billboard reports that Run-DMC has filed a lawsuit for more than $50 million against such entities as Walmart, Amazon, and Jet for trademark infringement. The hip-hop group is alleging that that these and other companies—in addition to about 20 unnamed individuals—continue to “trade on the goodwill of RUN-DMC,” using their name, their logo, and misleading products made in their “style” (such as fedora hats and square-frame sunglasses) without permission."

Getting a Drone as a Gift? Check Your Insurance; New York Times, 12/14/16

Ann Carrns, New York Times; 

Getting a Drone as a Gift? Check Your Insurance:

[Kip Currier: Amazon is getting buzz this week with widely-reported coverage of the ever-experimenting online retailer's 2016 patent for floating warehouse blimps--or in Amazon's own words "airborne fulfillment centers (AFCs)". AFCs would, in theory, serve as "motherships" for worker bee drones to transport purchased goods directly to Amazon customers.

Joanne Lipman, chief content officer for Gannett, predicts that though some crystal ball gazers declared 2016 as the year drones would take off and be the new "it" thing, 2017 will be "The Year of the Drone, Really".

Earlier this month I did a very informative American Bar Association (ABA) Continuing Legal Education (CLE) webinar, "U.S. Drone Law: Current Status, Future Direction", through the ABA Intellectual Property Law section. A panel of practitioners with drone expertise highlighted key cases (e.g. the so-called "Drone Slayer" case), current legal issues, and liability concerns for emerging drone technologies. (Aside: in addition to legal issues, drones implicate a whole slew of information ethics issues; most notably, privacy.)

The article excerpted below sheds useful light on insurance issues regarding drone ownership and usage, something most of us probably have not considered, but absolutely should know more about. Especially considering how many people gifted and received drones as holiday gifts this year! (See Drone sales soaring this Christmas, capping a record year for the industry)]

"MANY people will receive drones as gifts this holiday season. But before heading to the nearest field to fly the devices, recipients may want to check their insurance coverage.

“I’m sure there will be a lot of drones given as Christmas gifts, and we’ll start to see more drone-related claims,” said Chris Hackett, the senior director for personal lines at the Property Casualty Insurers Association of America, an industry group."

Amazon Is Considering Drone-Friendly Floating Warehouses; Fortune, 12/29/16

Don Reisinger, Fortune; Amazon Is Considering Drone-Friendly Floating Warehouses:

"The e-commerce giant has been awarded a patent that describes a logistics technology it calls "airborne fulfillment center (AFC)." The AFC is essentially in airship that's capable of flying at altitudes of 45,000 feet or more that would house items the company sells through its online marketplace. In the patent, Amazon describes a method by which drones would fly into the warehouse, pick up the items they need to deliver, and then deliver those items to the customer's home.


Amazon filed for the patent in 2014. While it was actually awarded in April, it wasn't discovered until Wednesday by CB Insights tech analyst Zoe Leavitt."