Monthly Archives: September 2012

European Cloud Computing Strategy Raises Questions Over Future of Private Copy Levies

By Ezra Steinhardt and Jacqueline Clover On September 27, 2012, the European Commission released its Communication strategy paper on cloud computing.  The strategy, in development for over a year, advocates a range of new measures to help Europe capitalise on the growth of cloud computing and increase Europe’s rate of cloud adoption.  See further below … Continue Reading

mHealth Moving Forward

Federal Communications Commission (FCC) Chairman Julius Genachowski announced this week that he expects the FCC to release two orders on mobile healthcare technologies (mHealth) by the end of the year.  This announcement relates to the release this week of a report by the mHealth Task Force that made a number of recommendations with respect to … Continue Reading

DOJ Drops Lawsuit to Collect on “Married by America” Indecency Fine

The Department of Justice has told a court that it will not be continuing its suit against Fox over Fox’s decision not to pay indecency fines relating to a 2003 episode of the reality show “Married by America.”  The episode in question showed pixelated nudity. The Federal Communications Commission (FCC) originally had proposed a fine … Continue Reading

Reversing Van Hollen, D.C. Circuit Removes Important Legal Barrier to Television and Radio Political Ads

 After a hiatus, ads that refer to federal candidates but that stop short of calling for their election or defeat may soon be returning to the airwaves. Only two business days after oral argument, a three-judge D.C. Circuit panel today unanimously reversed a lower court decision that required issue advocacy groups that paid for an … Continue Reading

European Parliament Approves Draft Orphan Works Directive

By Jacqueline Clover and Ezra Steinhardt On September 13, 2012, the European Parliament approved the text of a new draft Directive that sets out permitted uses of orphan works (the “Directive”).  However, the law’s text — which was informally agreed between the Parliament and European Council earlier this summer — has yet to receive the Council’s formal approval, so remains a … Continue Reading

Second Circuit Stays Google Books Case Pending Class Certification Appeal

A long-running copyright infringement action by the Authors Guild (a non-profit authors’ organization) against Google has been temporarily placed on pause.  On Monday, the U.S. Court of Appeals for the Second Circuit granted Google’s unopposed motion for a stay pending its interlocutory appeal of class certification in The Authors Guild, Inc., et al. v. Google, Inc., … Continue Reading

European Chamber Concludes That Chinese Patent Policies Hamper Innovation

Although the number of patents filed in China has exploded in recent years, resulting in China becoming the world’s top patent filer in 2011, a new report from the European Union Chamber of Commerce in China (European Chamber) takes the position that “the overall strength of China’s actual innovation appears overhyped,” and that China’s policies … Continue Reading

Italian Court Refers Question to the CJEU Regarding Circumvention of Technological Copyright Protections

By Ezra Steinhardt and Fredericka Argent InfoCuria has released information about a case recently referred to the Court of Justice of the European Union (CJEU) from Tribunale di Milano in Italy.  While the Court has yet to provide detailed underlying factual information, the case appears to raise issues that will be important to companies that … Continue Reading

District Court: ICANN Not a Domain Name Authority for In Rem Jurisdiction Under the ACPA

In a recent decision, a federal court in Washington, D.C. dismissed a trademark owner’s in rem action under the Anticybersquatting Consumer Protection Act (“ACPA”), finding that the presence of an Internet Corporation for Assigned Names and Numbers (“ICANN”) office in that district was insufficient to give the court in rem jurisdiction.… Continue Reading

Study Profiles Smartphone Users

A recent study conducted by the Online Publishers Association and Frank N. Magid Associates, Inc. studied how consumers were accessing content, such as video and news information, and otherwise spending time on their smartphones.  “A Portrait of Today’s Smartphone User” reached the following conclusions: There are approximately 107 million smartphone users in the United States … Continue Reading

FTC Publishes Guide For App Developers on Advertising and Privacy Issues

Last week, the Federal Trade Commission (“FTC”) published a short guide for mobile app developers and entrepreneurs with suggestions on how to comply with basic truth-in-advertising and privacy principles.  The guide is entitled “Marketing Your Mobile App: Get It Right From the Start” and includes many useful tips. For advertising, the FTC advises that app … Continue Reading

Broadcasters, Public Interest Groups Urge FCC to Consider Increased Foreign Investment

On Friday, a coalition of national broadcast networks, radio and television station licensees, and community and consumer organizations filed a letter asking the Federal Communications Commission to clarify that it will no longer employ a presumptive ban on foreign investment above 25% in the parent companies of broadcast licensees.  The Coalition for Broadcast Investment (the … Continue Reading