US Appeals Court Relieves P2P Software Developers of Liability US Appeals Court Relieves P2P Software Developers of Liability

Copyright
September 1, 2004September 1, 20042015-07-08
On August 19, 2004, the 9th US Circuit Court of Appeals for the Ninth District upheld a lower court decision that peer-to-peer (P2P) software developers are not liable for vicarious and contributory copyright infringement (Metro-Goldwyn-Mayer v Grockster, 04 CDOS 7624). A coalition of movie studio and record company copyright owners sued defendants Grokster Ltd and Streamcast Networks Inc in an effort to shut down trading of pirated files. The plaintiffs argued that they were entitled to monetary and injunctive relief from the companies who write and distribute file-sharing software because people use the software to illegally trade in copyrighted works.
Deeth Williams Wall https://www.dww.com/articles/us-appeals-court-relieves-p2p-software-developers-of-liability

Report Claims Cost of Generic Drugs too High in Canada Report Claims Cost of Generic Drugs too High in Canada

Food and Drug
September 1, 2004September 1, 20042015-07-08
A recently released paper by the Fraser Institute links government policies to relatively high prices of generic and non-patented drugs in Canada. The paper compares the pricing of generic drugs in Canada to that in other countries, and asserts that pricing generic drugs at median international levels, as is already done with patented medicines in Canada, would bring savings of $810 million a year to Canadian consumers.
Deeth Williams Wall https://www.dww.com/articles/report-claims-cost-of-generic-drugs-too-high-canada

The IOC Takes Intellectual Property Protection Seriously The IOC Takes Intellectual Property Protection Seriously

Intellectual Property
September 1, 2004September 1, 20042015-07-08
The 2004 Olympic Games in Athens have now come to an end, but during the period of the Games, it was clear that the International Olympic Committee Olympic (IOC) and its affiliates were prepared to take action to protect the Olympic name and trademarks. Corporations pay millions of dollars for international rights to use the Olympic name and the five interlocking rings in marketing campaigns and, naturally, they and the IOC are concerned about any unauthorized use. During the period that Olympic-related TV ads appeared, the Canadian Olympic Committee (COC) approached a number of major corporations because their ads could violate exclusive Olympic intellectual property rights.
Deeth Williams Wall https://www.dww.com/articles/ioc-takes-intellectual-property-protection-seriously

Drug Importation into the US from Canada — New Developments Drug Importation into the US from Canada — New Developments

Food and Drug
September 1, 2004September 1, 20042015-07-08
In an effort to reduce the cost of prescription drugs for its citizens, some American states and cities have introduced Canadian drug importation plans. However, the US federal government has opposed such plans, often citing safety as a major concern. In developing their own state drug importation system, officials of the State of Oregon believe they have addressed the safety issues raised.
Deeth Williams Wall https://www.dww.com/articles/drug-importation-into-us-from-canada-%E2%80%94-new-developments

High Tech Canadian $20 Bank Note Launched with Several Security Features High Tech Canadian $20 Bank Note Launched with Several Security Features

Cybersecurity
September 1, 2004September 1, 20042015-07-08
On August 25, 2004, the Bank of Canada unveiled a new $20 bill for distribution after September 29. Apart from a striking new graphic design, the note contains seven features intended to make it both more difficult for counterfeiters to reproduce it and easier for consumers and merchants to verify its authenticity.
Deeth Williams Wall https://www.dww.com/articles/high-tech-canadian-20-bank-note-launched-several-security-features

CIPO Becomes PCT Search and Examination Authority CIPO Becomes PCT Search and Examination Authority

Intellectual Property
August 18, 2004August 18, 20042015-07-08
As of July 26, 2004, the Canadian Intellectual Property Office (CIPO) has become the competent International Search Authority (ISA) and International Preliminary Examination Authority (IPEA) for international patent applications filed by Canadian applicants under the Patent Cooperation Treaty (PCT). Applications filed before July 26 will still be searched and examined by the European Patent Office. The upcoming change was noted in an earlier issue of E-TIPSâ„¢, Vol 2, No 4, July 31, 2003 (see "Fees and Administrative Changes at CIPO").
Deeth Williams Wall https://www.dww.com/articles/cipo-becomes-pct-search-and-examination-authority

Google Transfers 2.7 Million Shares to Yahoo in Settlement of a Search Patent Dispute Google Transfers 2.7 Million Shares to Yahoo in Settlement of a Search Patent Dispute

Patents
August 18, 2004August 18, 20042015-07-08
In a move that highlights the value of patents in the field of internet software tools, Google recently settled claims by Yahoo that Google's advertising ranking software violates a patent issued to Yahoo subsidiary Overture Services Inc. According to an article in The New York Times, the payment of 2.7 million Shares of Google will also help settle a dispute between the companies regarding an earlier investment. If the Google IPO proceeds as anticipated, the shares will be valued at approximately $300 million.
Deeth Williams Wall https://www.dww.com/articles/google-transfers-27-million-shares-to-yahoo-settlement-of-a-search-patent-dispute

IBM Commits to Not Using Patents Against Linux IBM Commits to Not Using Patents Against Linux

Patents
August 18, 2004August 18, 20042015-09-23
In a move applauded by open source proponents, IBM has announced that it has no plans to assert its patent portfolio against the heart of Linux kernel, which is the heart of the Linux operating system. Nick Donofrio, a senior vice president at IBM, made the announcement on August 4, 2004 in a speech at the LinuxWorld Conference and Expo. Mr. Donofrio further challenged other companies in the patent race to follow its example.
Deeth Williams Wall https://www.dww.com/articles/ibm-commits-to-not-using-patents-against-linux

Microsoft Wants More Patents, Says Gates Microsoft Wants More Patents, Says Gates

Patents
August 18, 2004August 18, 20042015-09-23
In an effort to drive its IP licensing program, it appears that Microsoft will dramatically increase its patent filings in the coming year. Microsoft chairman Bill Gates announced recently that the company expects to file 3,000 patent applications, up from just over 2,000 last year and 1,000 per year in recent years. Gates noted that his company is not just interested in the numbers, "We think"”patent for patent"”what we are doing is, if anything, more important than what others are doing."
Deeth Williams Wall https://www.dww.com/articles/microsoft-wants-more-patents-says-gates

US to Introduce Passport Identification Based on Facial Recognition US to Introduce Passport Identification Based on Facial Recognition

Cybersecurity
August 18, 2004August 18, 20042015-09-23
The US State Department is proceeding with its plan to have all domestically-produced passports equipped for identification based on facial recognition by the end of 2005. In July 2004, it issued a request for proposal for vendors to bid on the necessary components for the proposed biometric passport (or biometrically enabled passport).
Deeth Williams Wall https://www.dww.com/articles/us-to-introduce-passport-identification-based-on-facial-recognition

Canada Ranks Well for Competitiveness in International IT Development Canada Ranks Well for Competitiveness in International IT Development

Information Technology
August 18, 2004August 18, 20042015-07-08
According to a KPMG/MMK Consulting study, Canada is a highly cost effective place in which to undertake IT development. As reported by ITBusiness.ca, the study measured the economic attractiveness of 11 countries using the US as a baseline. For example, in IT research and development, Canada was first overall, with a 21% cost advantage over the US, followed by Australia.
Deeth Williams Wall https://www.dww.com/articles/canada-ranks-well-for-competitiveness-international-it-development

The FCC Rules on Wireless Spam The FCC Rules on Wireless Spam

Information Technology
August 18, 2004August 18, 20042015-07-08
The US Federal Communications Commission (FCC) voted on August 4, 2004 to ban spam sent over the Internet to mobile devices. This had represented a gap in the US anti-spam legislation and regulations, the Can-Spam Act. All unsolicited messages sent to mobile devices are prohibited, but non-profit groups are exempt from the ban.
Deeth Williams Wall https://www.dww.com/articles/fcc-rules-on-wireless-spam

Federal Court of Canada Considers the Confidentiality of a New Drug Submission Federal Court of Canada Considers the Confidentiality of a New Drug Submission

Litigation
August 4, 2004August 4, 20042015-07-08
In Merck Frosst Canada & Co v The Minister of Health Canada [2004 FC 956], the Federal Court of Canada recently considered the accessibility of information contained in a New Drug Submission under the Access to Information Act ("AIA"), the primary legislation by which the public can seek disclosure of information held by the federal government.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-considers-confidentiality-of-a-new-drug-submission

US Court to Set Down Rule for Patent Claim Interpretation US Court to Set Down Rule for Patent Claim Interpretation

Patents
August 4, 2004August 4, 20042015-07-08
In a case that will have far reaching implications for patent practitioners and owners, on July 21, 2004, the US Court of Appeals for the Federal Circuit ordered an en banc re-hearing of a previous three-member panel decision (Phillips v AWH Corp, 363 F 3d 1207 (Fed Cir 2004)). The plaintiff had sued the defendant for infringement of its patent (US Patent No 4,677,798) directed to vandalism-resistant building modules with internal baffles.
Deeth Williams Wall https://www.dww.com/articles/us-court-to-set-down-rule-for-patent-claim-interpretation

Canadian Plans to Introduce e-Passports Canadian Plans to Introduce e-Passports

Cybersecurity
August 4, 2004August 4, 20042015-07-08
In an effort to ensure Canadian passports continue to be travel identification which is "internationally respected", the federal Passport Office has announced the introduction of the next generation of passport – a so-called "e-passport", containing embedded microchips to store images and personal information.
Deeth Williams Wall https://www.dww.com/articles/canadian-plans-to-introduce-epassports

Will the Controversial US CAPPS II Security System Remain but Under Another Name? Will the Controversial US CAPPS II Security System Remain but Under Another Name?

Cybersecurity
August 4, 2004August 4, 20042015-07-08
CAPPS II, the US plan to prescreen and rank airline passengers according to risk level, is being dismantled, but another plan may be introduced in its place.
Deeth Williams Wall https://www.dww.com/articles/will-controversial-us-capps-ii-security-system-remain-but-under-another-name

New UK Population Database Project Launched New UK Population Database Project Launched

Privacy
August 4, 2004August 4, 20042015-07-08
Digital Media Europe reports that the UK government has launched a new central database project for civil registrations – births, deaths and marriages – which will allow citizens to register online or by telephone. The database will hold up to 250 million records, making it one of the largest such IT projects in the world.
Deeth Williams Wall https://www.dww.com/articles/new-uk-population-database-project-launched

UK Court Condemns the Sale of "Mod Chips" for Video Game Consoles UK Court Condemns the Sale of "Mod Chips" for Video Game Consoles

Litigation
August 4, 2004August 4, 20042015-07-08
The UK Court of Chancery recently held that the act of selling modification chips for the Sony PlayStation 2 is illegal. Highlights of the decision (Kabushiki Kaisha Sony Computer Entertainment Inc et al v. Ball et al, [2004] EWHC 1738 (Ch)), include a finding that a copy of software in a computer's RAM is a copyright-infringing copy, even though the copy exists "ephemerally", that is, only for a very short time. This argument could not be made in Canada, as the Canadian Copyright Act specifically excludes from infringement copies made by a program during its execution. However, the decision is based on a newly adopted European Union Directive on Copyright, which has no such exception. Thus, in the UK, RAM that contains a copy made during execution is a reproduction in a material form, and is caught under the UK Copyright, Designs and Patents Act, 1988.
Deeth Williams Wall https://www.dww.com/articles/uk-court-condemns-sale-of-mod-chips-for-video-game-consoles

US Agency Finds Low Safety Risk Posed by Canadian Internet Pharmacies US Agency Finds Low Safety Risk Posed by Canadian Internet Pharmacies

Information Technology
July 21, 2004July 21, 20042015-07-08
A recent report prepared by the United States General Accounting Office (GAO) has dispelled many of the safety concern arguments raised by opponents to the importation of drugs from Canadian Internet pharmacies.
Deeth Williams Wall https://www.dww.com/articles/us-agency-finds-low-safety-risk-posed-by-canadian-internet-pharmacies

Setting Standards for the Admissibility of Computer-Generated Evidence Setting Standards for the Admissibility of Computer-Generated Evidence

Information Technology
July 21, 2004July 21, 20042015-07-08
Questions regarding the admissibility of computer-generated evidence have re-emerged following two recent cases in the US and Canada. In a lengthy analysis, the Connecticut Supreme Court outlined a six-part test for admitting computer-generated information into evidence. In contrast, an Ontario decision discussed admissibility in much broader terms. An earlier Canadian decision in the Saskatchewan Court of Appeal had included a number of observations similar to those made in the Connecticut case. The divergent approaches raise admissibility and reliability concerns which Canadian courts will want to consider in the future.
Deeth Williams Wall https://www.dww.com/articles/setting-standards-for-admissibility-of-computergenerated-evidence

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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