October 31, 2008
Google Book Search Settlement | books.google.com
A tentative settlement was reached this week in the Google Book Search litigation, opening the door to great possibilities but also raising new questions about the emerging market for online book distribution.
BRCM's New Complaint Against QCOM
October 31, 2008
Broadcom Files Suit Asserting Qualcomm's Licensing Practices Violate U.S. Law | www.broadcom.com
After falling short in its recent round of cases against Qualcomm. Broadcom has now filed a new complaint, this time alleging that QCOM's licensing practices are impermissible under a patent rule known as exhaustion. The bad news for BRCM, however, is that exhaustion almost surely does not apply.
Paradigm Shift in Storage, SSD and HDD
October 13, 2008
TDK Crams 260 GB Into 1.8-inch HDD, Sets a New Density Benchmark | gizmodo.com
Soon, there will a paradigm shift in storage. This shift is as much driven by economics as by technological developments. The uses of large storage in some devices will become prevalent and change our view of memory forever.
Global Advertising Forecasts Drop: An Indicator for Uncertain Times
October 1, 2008
Gap Widens in Online Advertising | online.wsj.com
1. Zenith Optimedia, Universal McCann, WPP, BMO Capital Markets, Oppenheimer, Lehman Brothers and eMarket all have announced downward revision of overall Ad spend for 2008 2. Nielsen Monitor-Plus: first-half U.S. ad spend declined 1.4 percent, compared with the same period in 2007, to $67.6 billion
Nail the Facts, Miss the Consequences
September 29, 2008
U.S. appeals court favors Broadcom vs Qualcomm | www.reuters.com
The coverage regarding this week's decision in the BRCM/QCOM patent litigation has stressed the surface facts: namely, that two BRCM patents were affirmed on appeal, and only one was rejected. What the coverage misses, however, is that the patents are far from equal players. The patent that was rejected was by far the most important patent in the lot. The ones that remain might matter substantially to Sprint, but probably are of low consequence for QCOM or its business prospects.
BYI v. IGT: Motions in Limine Filed
September 29, 2008
Analyst Sees Buying Opportunity in Bally Tech | biz.yahoo.com
The main patent case between BYI and IGT is now in its final weeks. The parties this week sharpened the fight a bit more by filing a series of motions that attempt to have certain testimony and evidence excluded from trial. Meanwhile, all eyes now turn to the decisions on summary judgment, which should issue imminently.
Attempted Copyright Infringement?
September 29, 2008
Capitol Records v. Jammie Thomas | www.eff.org
A few days ago, a District Court in Minnesota reversed course on its own prior holding and decided that, in copyright law, it is not actionable to "offer to distribute" a copyrighted file without permission, but instead only actionable if you actually distribute the file. The opinion raises a number of interesting questions about how copyright law should and does work, perhaps most notably forcing the copyright community to think through the reasons why the law ever forbids "attempted" as opposed to fully consummated misdeeds.
September 8, 2008
Ruling in TiVo, Echostar Case Could be Delayed | www.reuters.com
The September 4th hearing has now come and gone, and still TiVo commentators seem to think that TiVo is moments away from a final, decisive win. The reality is considerably more bleak. TiVo's contempt request is likely to be denied, and TiVo will not gain significant leverage unless and until the court hears the full work-around issue.
August 29, 2008
U.S. trade commission loses bid for Rambus appeal | www.reuters.com
This week, the Federal Trade Commission was denied a chance to have its case against Rambus reheard by the fuller panel of judges. That clears the way for Rambus to go back on offense, pushing its patent claims in several cases already significantly underway.
August 29, 2008
Decision: 20th Century Fox v. Cablevision | www.eff.org
The copyright community lost a significant court case this month when, on appeal, Cablevision was able to defend its new RS-DVR service. The legal issues matter tremendously, in my view; but the puzzle for me is whether the RS-DVR service itself is really all that important.
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