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Viacom: Viacom対YouTube/Google裁判で上告 - 別の判事による審理希望 ~pj

Viacom can't seem to find a judge to agree with them that the DMCA Safe Harbor should be reinterpreted Viacom's way or that YouTube/Google, specifically, should lose its protection because of its conduct. Their war against Google's YouTube is into its 7th year, and Viacom still thinks that YouTube and parent Google should be held responsible for what users do on it. Specifically, it wants them to have the editorial burden of preventing copyright infringement from happening in the first place, not acting on it when notified of specific infringement by the copyright owner, and it wants it to have to pay for it all by itself. So far, it hasn't worked out for Viacom, because that's exactly what the DMCA says shouldn't happen, so they're appealing a second YouTube victory on summary judgment, shopping for an outcome they'd like better than what they keep getting. It argues to the...

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オラクル対グーグル: グーグルが弁駁書を提出 - あまりにも些事な抗弁、オラクルも認識 ~pj

Google has now filed its Reply Brief [PDF] in the appeal in Oracle v. Google. This cross appeal is about alleged copyright infringement for copying by mistake 9 lines of rangeCheck code (out of millions of lines of code) and eight decompiled test files that never made it onto any Android device and were done by a contractor in violation of Google's instructions. What's the big deal, you ask? Exactly. "Google's copying was de minimis-too insubstantial in relation to the "work as a whole" to be actionable," Google...

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FTCがグーグル/モトローラの最終的和解を発表 - FRAND特許に関する差し止め禁止なし ~pj

Here's today's announcement from the FTC: "FTC Finalizes Settlement in Google Motorola Mobility Case". And here's the Final Order [PDF], based on the settlement with Google, who admitted no fault and for good reasons, in my view, in that it wasn't at fault. I've long maintained that this is a manufactured complaint to smear and harass and hamper Google by competitors, the usual suspects. And the good news is, The FTC altered the settlement terms to try...

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アップルが'381特許に関するサムスンの新公判申請に異議 ~pj

Apple is, of course, opposed to Samsung's motion for a new trial regarding Apple's '381 patent, and it has now filed its opposition [PDF] with the court. It's the public, redacted version. Samsung asked for the new trial based on what it says is newly discovered evidence, namely his motion is based on "newly discovered evidence"after "Samsung learned from PTO records made publicly available on June 12, 2013, that Apple had successfully advocated a new claim construction of the only asserted claim - Claim 19 - and significantly narrowed its...

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IBMがSCO/IBM訴訟でノベルの合意に基づく部分的サマリージャッジメント申請 ~pj

IBM has now filed its promised Motion and Memorandum for Partial Summary Judgment Based on the Novell Judgment [PDF] in SCO v. IBM. I started to write IBM v. SCO, because that is what it really is now. For those who keep track, IBM had received an extension of time to file, until the 22nd, giving it an extra few days. IBM points out that SCO doesn't own the copyrights it sued over, the pre-1996 UNIX code, Novell...

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