suit

Source: http://gizmodo.com/5883891/texas-jury-smacks-down-landmark-shakedown-attempt-by-infamous-patent-troll

Texas Jury Smacks Down Landmark Shakedown Attempt by Infamous Patent TrollTim “I helped invent the Internet” Berners-Lee testified before a federal jury earlier this week, tearing into the validity of a key patent Eolas Technologies’ was exploiting to sue multiple web companies for $600 million. He must have been persuasive because the court took mere hours to reach its decision.

Eolas Technologies, an infamous patent troll firm with previous wins over Microsoft and others, had named over a dozen web companies in its 2009 suit alleging that the sites had infringed upon Eolas’ “Interactive Web” patent, awarded the year before, and claiming ownership over online video, image rotation and search auto-complete.

Office Depot, Rent-A-Center, Playboy, Oracle and others named in the suit had already agreed to settle the case, but Google and Amazon decided to fight it.

Berners-Lee testified to the potentially catastrophic and chilling effects this patent would have if upheld—which they somehow were by the USPO. Pei-Yuan Wei, inventor of the Viola browser, and Dave Raggett, creator of the embed tag also testified since the patent in question performed precisely the same function as their creations as well as others that were already widely known, if not already claimed.

Both sides in the case reportedly spent millions of dollars and years of effort creating presentations to convince the eight-judge panel but, in the end, the defendants won out and the judges declared the “Interactive Web” patent invalid. Eolas does have deep pockets and are likely to appeal—given the potentially gigantic payout—but this judgement invalidates its claims for the time being and prevents the firm from litigating any other company until the appeal is concluded. The web is safe—for now. [Wired via CNET via Techmeme]

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Friday, February 10th, 2012 Uncategorized No Comments

Source: http://gizmodo.com/5882869/even-after-shutting-down-limewire-cant-catch-a-break

Even After Shutting Down, LimeWire Can't Catch a BreakLimeWire has been kaput as a file-sharing service since October but that hasn’t stopped its legal woes. Now, after settling with the RIAA to the tune of $105 million, the MPAA and a host of indie music labels have filed lawsuits against the company as well. Talk about beating a dead horse.

Six studios—Twentieth Century Fox, Viacom, Comedy Partners, Disney, Paramount Pictures, and Warner Brothers—have filed suit, citing the court’s summary judgement in the RIAA case as basis for their claims. In that case, the court concluded that LimeWire “intentionally encouraged direct infringement.” Now, the court will have to decide LimeWire’s culpability in the illicit trade of movies and TV shows as well.

In addition, a group of independent record labels are arguing that, because of the same summary judgement, that they too are owed $105 million. There’s no word yet on how much the MPAA is asking for in damages, but if its anything near what it enjoy threatening the common user with, LimeWire’s going to need to find some deeper pockets. [Hollywood Reporter via Techdirt]

Image: Pakhnyushcha / Shutterstock

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Monday, February 6th, 2012 Uncategorized No Comments

Dr. Augustine Fou is Digital Consigliere to marketing executives, advising them on digital strategy and Unified Marketing(tm). Dr Fou has over 17 years of in-the-trenches, hands-on experience, which enables him to provide objective, in-depth assessments of their current marketing programs and recommendations for improving business impact and ROI using digital insights.

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