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Infringement

Settlement Denied: What’s Next for Google Books?

Jenna Newman is a graduate of the Master of Publishing program at Simon Fraser University. The long-awaited ruling on the proposed Google Books settlement is out: the court has rejected the settlement. So many serious concerns were voiced by potential class members as well as scholars, librarians, the US Department of Justice, other nations—on questions […]

LG Ups the Ante in Standoff with Sony

Dan Whalen is a JD candidate at Osgoode Hall Law School. Electronics giant LG obtained a preliminary injunction from the Civil Court of Justice in the Hague barring the import of Sony’s PlayStation 3 (PS3) gaming console into the European Union. While it is only the latest escalation of the two companies’ intellectual property standoff, […]

US Government Seeks to Tighten IP Rights Protection

Dan Whalen is a JD candidate at Osgoode Hall Law School. In an effort to curtail intellectual property infringement, the Obama administration released the first Annual Report on Intellectual Property Enforcement. The administration announced that it plans to send the proposal to US Congress “in the very near future” to begin shaping its recommendations into […]

US Court Confirms: There is No Fair Use Exception to Digital Lock Provisions under the DMCA

Matt Lonsdale is a JD candidate at Dalhousie University. There has been heated debate in Canada regarding technological protection measures (TPMs), particularly against the backdrop of the amendments to the Copyright Act proposed by Bill C-32. At issue in many of these discussions is the extent to which circumventing TPMs should be illegal; for instance, […]

On Air, On Sale, Off Piracy

Mark Kohras is a JD candidate at Osgoode Hall Law School. Universal Music and Sony Music UK have both announced that they will soon deploy a new business strategy for downloaded music. The strategy (termed “on air, on sale”) will see new albums available for download the same day they debut on the radio. Previously, […]

Computer Chipmakers Call a Truce, Set Terms

Dan Whalen is a JD candidate at Osgoode Hall Law School. Calling an end to hostilities, rival chipmakers Intel and NVIDIA have signed a new patent cross-licensing agreement that will take the companies into 2017. The deal grants Intel access to all of NVIDIA’s graphics processing unit (GPU) patents, premier along stand-alone graphics chips. In […]

Who Must Show Consent in an Intellectual Property Infringement Case?

Professor David Vaver is a member of IP Osgoode, a Professor at Osgoode Hall Law School, an Emeritus Professor at the University of Oxford, an Emeritus Fellow of St. Peter’s College at Oxford and former Director of the Oxford Intellectual Property Research Centre. The unauthorized publication by two of the Aga Khan’s followers of a […]

User-Generated Content Sites and Section 512 of the US Copyright Act

Matt Lonsdale is a JD candidate at Dalhousie University. Jane Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia University and IP Osgoode International Advisory Council member, has released a paper on the liability faced by operators of sites which host user-generated content under US copyright law. The Digital Millennium Copyright […]

Microsoft loses a patent case, but benefits from the tossing out of the 25% rule

Ivy Tsui is a JD candidate at Osgoode Hall Law School. In Uniloc v. Microsoft, the U.S. Court of Appeals for the Federal Circuit restored a jury verdict from April 2009 that Microsoft infringed a Uniloc patent for anti-piracy technology. The good news for the software giant is that the court tossed out the “25 […]