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A few days ago, ABC News ran an "investigative" piece called "Group Probes Ease and Danger of Buying Steroids Online." ABC describes the "group" at issue as "an online watchdog," the Digital Citizens Alliance. That group determined that some of the millions of available YouTube videos encourage steroid use and that YouTube (which is owned by Google) places ads next to steroid-related videos and search results. They argue that Google and YouTube should be held legally responsible for any illegal content linked or posted. more
Last year Europe imposed GDPR, arguably the world's toughest standard for data privacy and now, a year later, there has yet to be any enforcement action against a big tech firm. more
As a longtime member of ICANN's Intellectual Property Constituency (IPC), I'm impressed by the important work that this group does on behalf of trademark owners worldwide (as I've written before). While some die-hard IPC members spend countless (and, often, thankless) hours working virtually and in-person (at ICANN's global meetings) for the constituency, I find it very educational and worthwhile to participate on an ad-hoc basis. more
We learned from The Wall Street Journal yesterday that "Federal Communications Commission Chairman Julius Genachowski gets a little peeved when people suggests that he wants to regulate the Internet." He told a group of Journal reporters and editors today that: "I don't see any circumstances where we'd take steps to regulate the Internet itself," and "I've been clear repeatedly that we're not going to regulate the Internet." We're thankful to hear Chairman Julius Genachowski to make that promise. We'll certainly hold him to it. But you will pardon us if we remain skeptical... more
The Uniform Domain Name Dispute Resolution Policy (UDRP) was designed as a quicker and less-expensive alternative to litigation. Although the UDRP policy and rules provide strict timelines for various stages of a UDRP case, how quickly a dispute is actually resolved can vary based on numerous factors. A typical UDRP case results in a decision in about two months, but the facts of each case -- including actions both within and outside the control of the parties -- may shorten or extend that timing. more
In a recent article published by WIRED Magazine, a significant shift in international law regarding cyberwarfare has been brought to light. The International Criminal Court (ICC) at the Hague has signaled its intention to investigate and prosecute hacking crimes that breach existing international law without the need for new regulations. 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
The National Arbitration Forum has just handed down its decision in respect to the three domain names locked down at Public Domain Registry in response to the City of London Police Intellectual Property Crime Unit takedown requests. The decision is in favour of easyDNS and orders the three names to be transferred to us. more
No censure attaches to having domain names registered by proxy/privacy services. However, while the practice has become routine for protecting privacy and sensitive information, registering in the name of a proxy is still taken into account in assessing intention, and even circumstantial evidence without contradiction or explanation can tip the scale in complainant's favor. more
Many readers will recall that nearly one year ago, the U.S. government launched a global takedown of Megaupload.com, with arrests of the leading executives in New Zealand and the execution of search warrants in nine countries. Canada was among the list of participating countries as the action included seizure of Megaupload.com servers located here. more
Over the last year the world has been virtually buried under news items describing hacks, insecure websites, servers and scada systems, etc. Each and every time people seem to be amazed and exclaim "How is this possible?" Politicians ask questions, there is a short lived uproar and soon after the world continues its business as usual. Till the next incident. In this blog post I take a step back and try to look at the cyber security issue from this angle... 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
My Pattishall colleagues Brett August, Bradley Cohn and Alexis Payne recently won another round in a closely watched lawsuit involving Google and others regarding allegedly unfair use of domain names. The plaintiffs had attempted to bring a class action against multiple defendants for purported trademark infringement, cybersquatting and deceptive trade practices. more
On the question of reselling domain names on the secondary market, a dissenting panelist in a 2005 case observed that "[t]here is no doubt Respondent is in the business of being a reseller of domain names that consist of common English words" and then suggested that the "fundamental question before the Panel is whether or not such a business should be allowed under the UDRP." He concluded that such a business should not be allowed... more
On his blog Bruce Schneier recently published a post called "Power and the Internet". An article that most people in the western world will agree with. Internet freedom against Internet safety and security, the powerful have a lot of power to wield and the rest is at best ad hoc organised or fairly powerless lobby organisations. So who is likely to win? Vested interests, he warns. more
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