It may not be widely-known but the big 3 search engines -- Google, Yahoo! and Bing -- have established procedures for removing natural search results on the basis of the Digital Millennium Copyright Act (DMCA). That's good news for brand owners: if consumers can't find infringing websites via the search engines, they're less likely to come across them at all... more
This post was prompted by questions I was asked to address when I participated in a panel discussion of cybersecurity. Here are the relevant questions: "Should we reconsider the notion that companies under attack are prohibited from investigating the attackers and trying to locate them? We allow private investigators to conduct some activities that usually only the police are allowed to do; should we accredit private cyber investigators?" ...The one I found more interesting is the second question: whether we should accredit private cyber investigators. more
There is a Dutch website which regularly publishes comments on rulings of the World Intellectual Property Organization (WIPO) Arbitration, Dutch court cases, and similar things. They have a newsletter which reports over the latest cases. It is really meant for people who are into the legal aspects of domain names. In the July "nieuwsbrief" newsletter, there was a remark (in Dutch) about a case that the top level ".nl" suffix to the name should not be considered relevant. more
On Friday, the decision to deregulate "special access" circuits was upheld. The case had been brought by the Ad Hoc Committee, a long standing body of large business users, one of the main categories of buyers of high capacity leased lines to interconnect business premises. more
The Office of the Privacy Commissioner of Canada has released its long-awaited finding in the complaint against Facebook on a variety of privacy grounds. The complaint was launched by CIPPIC in May 2008 (note that I am an advisor to CIPPIC but had no involvement in this complaint). The case marks an important step in assessing how Canadian privacy law addresses social media with the Commissioner identifying some significant concerns. Moreover, as the case potentially heads to court, it will be closely watched to see whether the findings can be enforced against a global social media power like Facebook. more
The latest report on young people's online music-finding habits from consumer research company The Leading Question has attracted a fair amount of coverage for its headline finding that UK teenagers use of filesharing services has dropped by a third... Music industry pollsters will inevitably look for a silver lining in the cloud of consumer behaviour, and a focus on the growth of legal services is to be expected. But even with that caveat in mind, there has clearly been a shift in behaviour as more young people find licensed ways to listen to the music they want, watching YouTube videos, streaming songs through MySpace and Spotify and generally using legal avenues to find and enjoy the music of new bands like Florence and the Machine. more
VeriSign makes a great deal of money from the .COM and .NET registries. Can we tell how much they make, and how much that might change if the CFIT lawsuit succeeds? It's not hard to make some estimates from public information. The largest gTLD registry that VeriSign doesn't run is .ORG, which was transferred a few years ago to the Public Internet Registry (PIR) which pays Afilias to run the registry, and uses whatever is left over to support the Internet Society (ISOC)... more
At first blush, Mahmoud Ahmadinejad and the Globally Protected Marks List (GPML) do not seem to have anything in common. The first is a politician of debated repute that is seeking to quell disputes over the legitimacy of his election. The second is a recommendation that seeks to protect trademark owners and consumers from an explosion of infringement and source confusion that could be wrought by the introduction of new Top-Level Domains (TLDs). However, upon a closer analysis, they do share one common flaw: both have arguably failed to appropriately prioritize the right to free speech... more
CAUCE just posted a blog entry about C-27; we will be speaking to the Industry, Science, and Technology committee reviewing the bill this afternoon. The meeting will be webcast starting at 15:30 eastern... more
It was bound to happen of course - someone sued Twitter for not verifying a "celebrity" or brand account. Mashable reports on a lawsuit brought by Tony La Russa, who is apparently a manager for the St. Louis Cardinals baseball team. Mashable and others initially reported that La Russa and Twitter had resolved this one. It turns out they haven't after all. So what to make of Mr. La Russa's claims? more
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