Tuesday, May 21, 2013

Obama Stops Championing Treaty That Gives the Blind Better Access to E-Books

Wired.com, here

Federal judge bars holder of standard-essential patents from enforcing ITC exclusion order

Fosspatents.com, here

Copyright and Technology: Déjà-Vu All Over Again

R. Picker, here

The Pirate Cinema : quand le piratage devient oeuvre d'art

Numerama.com, ici

SIIA Tells the FTC What Patent Trolls Are Doing to the Software Industry

Groklaw.net, here

Will Professor Nimmer’s Change of Heart on File Sharing Matter?

R. Sanders, here

Competition regulation spreads through Africa: The Mozambique Competition Law

Nortonrose.com, here

Is Letter to Larry Page the First Step Towards Legislating Google Glass?

Thesecuretimes.wordpress.com, here

The New American Privacy

R. Peltz-Steele, here

Aggregates, cement and ready-mix concrete market investigation

UK Competition Commission, Summary of provisional findings here; Notice of possible remedies, here

Hemphill and Wu Respond to Blog Symposium (Parallel Exclusion)

Lawprofessors.typepad.com, here

Friday, May 17, 2013

Las petroleras aumentan en un 31% los márgenes sobre las gasolinas desde enero

ElPais.com, here

Privatheit im Internet. Chancen wahrnehmen, Risiken einschätzen, Vertrauen gestalten

acatech – Deutsche Akademie der Technikwissenschaften,  here.

Assessing Methods for the Quantification of Antitrust Damages. An Application to the Pasta Cartel in Italy

G. Notaro, here

My Insight Into The Blind Reading Revolution: Ron McCallum at TEDxSydney

Here

Revising copyright law: libraries, archives, museums and educational institutions

Statement of L. Gasaway, Subcommittee on Courts, Intellectual Property and the Internet Committee on the Judiciary, here

Class Certification Denial in Premier League v. Youtube

Project-disco.org, here

DOJ's Response to Apple's Pretrial Memorandum of Law (E-Books)

Here

A new goldmine

Economist.com, here

Wednesday, May 15, 2013

A Case Study for Consensus Building: The Copyright Principles Project

US Subcommittee on Courts, Intellectual Property and the Internet, here

The Shakespeare review: what's the future of UK open data?

Guardian.co.uk, here

Google's (Motorola's) reply brief in the appeal of Judge Posner's Apple v. Motorola ruling

Fosspatents.com, here

Shakespeare Review of PSI in the UK

Here.

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Page 66:
"Healthcare data is increasingly held across sectors – public NHS organisations as well as private individuals and providers. In that context, encouraging data to be shared to derive maximum value requires an intellectual property rights ownership model that aligns private interests (e.g. in privacy and commercial sensitivity) with social interest in generating collaborative uses of data."

P.33:


 "Data that is derived from the activity of citizens must be seen as being at least co-owned by them and returning value to them, though the investment of business in collecting and processing the data should also be respected. There are government initiatives such as Midata, a government led project that works with businesses to give consumers better access to the electronic personal data that companies hold about them. The project recognises that data about citizens belongs to them and that they should have a way of claiming and using their ownership. Midata is currently about empowering consumers – government itself should explicitly embrace the Midata initiative to empower citizens by returning key data it holds on citizens back to them."

Monday, May 13, 2013

Supreme Court rules in favor of Monsanto, says farmer violated seed patents

TheVerge.com, here

Recent Developments In Rail Transportation Services

OECD Issues Paper, here

Thoughts on the White House Executive Order on Open Data

Eaves.ca, here

Contribution aux politiques culturelles à l’ère numérique

P. Lescure, Tome 1, Tome 2

Telecom Italia ha abusato della sua posizione dominante nelle infrastrutture di rete

Provvedimento qui.

Scientific knowledge unchained: verso una policy dell’università italiana sull’Open Access

R. Caso, qui

Intellectual Property Rights Gone Wild

J. Stiglitz, here

A Battle For Open Public Data In South Africa

Ip-watch.org, here

Wednesday, May 08, 2013

Competition Law as a complement to Intellectual Property Law?

A. Fletcher, here

"The Goals of Antitrust" Symposium: Papers

Here

The Economics of Kirtsaeng v. John Wiley & Sons, Inc.: The Efficiency of a Balanced Approach to the First Sale Doctrine

G. Rub, here

Public and Universal Service Obligations and Competition

M. Harker, A. Kreutzmann, C. Waddams, here

Science Europe on EU Data Protection Reform Proposal

Position Statement, here

Case Study: Metrics for Measuring the Impact of Cultural Datasets

Europeana.eu, here

Craigslist Takes Upstart Competitors to Court

Reason.com, here.

The Beijing Treaty on Audiovisual Performances

S. von Lewinski, here

Tuesday, May 07, 2013

Google Wins Vertical Search Antitrust Case In Germany

Searchengineland.com, here

Online-Vertrieb von Sportartikeln

Kartellblog.de, hier

Libor-Scandal Antitrust Plaintiffs Allowed to Seek Leave to Amend Their Allegations

Dandodiary.com, here

FTC Warns Data Broker Operations of Possible Privacy Violations

Ftc.gov, here

The Competition and IP Interface: setting the scene

C. Maxwell, here

Google's Schmidt: The Internet needs a delete button

News.cnet.com, here

Händlerbefragung im Verfahren gegen die adidas AG

Bundeskartellamt, hier.

Datenklauseln von Apple rechtswidrig

Verbraucherzentrale Bundesverband, hier

Open Data to fight Poverty

Openaid.de, here

Has Big Data Made Anonymity Impossible?

Technologyreview.com, here

Intellectual Property Owners Association (IPO) calls WIPO treaty for blind "dangerous precedent for other areas of IP Law"

Keionline.org, here

Governing the Anti-commons: The Institutional Logic of Standard Setting Organizations

T. Simcoe, here

The Data Revolution and Economic Analysis

L. Einav, J. Levin, here

Monday, May 06, 2013

Pay-to-Delay Settlements: The Circuit-Splitting Headache Plaguing Big Pharma

S. Han, here

Preliminary EU assessment finds Google's Motorola guilty of abuse of standard-essential patents

Fosspatents.com, here

EU Commission sends Statement of Objections to Motorola Mobility on potential misuse of mobile phone standard-essential patents

Press Release, here.

----------
Apple's "willingness" specified:
"Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court". Further, from the Memo:
"By contrast, a potential licensee which remains passive and unresponsive to a request to enter into licensing negotiations or is found to employ clear delaying tactics cannot be generally considered as willing."
Moreover, specifically to the relevance of the so-called German "Orange Book" case-law on injunctions:
"The 2009 "Orange Book" ruling of the German Supreme Court established that a potential licensee can raise a competition law defence against an application for an injunction by showing that (i) it has made an unconditional offer to license under terms that cannot be rejected by the patent-holder without abusing its dominant position, and (ii) it actually acted as if had entered into a valid patent licence. The Supreme Court's ruling did not specifically relate to SEPs. The Commission's preliminary view is that an interpretation of that ruling whereby a willing licensee is essentially not entitled to challenge the validity and essentiality of the SEPs in question is potentially anti-competitive."

Commissions interbancaires de Mastercard et Visa: test de marché

Autorité de la concurrence, ici

Petition Fights Proposal For Digital Rights Management In Internet Core

Ip-watch.org, here

Copyright in the Digital Era: Building Evidence for Policy

US National Research Council of the National Academies, here

ReLIRE : Recours pour Excès de Pouvoir, Filippetti et Ayrault à la barre

ActuaLitte.com, ici

Thursday, May 02, 2013

DOJ Issues Business Review Letter on a Proposed Innovative IP Exchange

Weil.com, here

The Derivative Right: Or Why Copyright Law Protects Foxes Better than Hedgehogs

D. Gervais, here

The Enterprise and Regulatory Reform Act 2013 –Your photos and you

IPO.gov.uk, here

UK allows use of orphan works for commercial purposes

Futureofcopyright.com, here

Analysis of UK/EU Law on Data Mining in Higher Education Institutions

A. Guadamuz, D. Cabell, here

Could the Web have been patented?

Npr.org, here

EU debates biopiracy law to protect indigenous people

Guardian.co.uk, here

Craigslist's Allegations Of "Copyright" Violations Thrown Out

Forbes.com, here

Facebook says battle for teen attention 'not a zero-sum game'

TheVerge.com, here

Bargaining over Loyalty

D. Crane, here

2013 Who Has Your Back: Which Companies Help Protect Your Data from the Government?

EFF.org, here

Senator Charles Schumer Targets Patent Trolls, Wants USPTO To Review Infringement Suits Before They Head To Court

TeleCrunch.com, here