We reviewed Judge Stanton’s comprehensive decision in this closely watched case. If upheld on appeal, it’s a victory not only for YouTube and Google, but for all Internet service providers (ISPs).
If you haven’t followed the case, Viacom had sued Google and YouTube for intentional and contributory copyright infringement, alleging “tens of thousands of videos on YouTube … were taken unlawfully from Viacom’s copyrighted works without authorization.” In defense, Google and YouTube asserted DMCA section 512. This so-called ”safe harbor” limits ISP liability for copyright infringement in certain situations. Whether defendants in copyright cases enjoy the limitation of liability is based on, among other things, their knowledge of — and response to – infringing activity on their service of which they become aware. Read more »
Tags: Copyright Infringement, Digital Millen. Copyright Act, Google, safe harbor, Viacom, YouTube
Copyright Act, Court Cases, Google, Viacom, YouTube | editor | 
June 25, 2010 2:21 pm | 
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The Federal Trade Commission voted five to zero to give regulatory approval to Google’s acquisition of the mobile advertising network AdMob. The deal was first announced last November. The Commission concluded the acquisition is unlikely to harm competition in the mobile advertising networks market. The Commission relied on recent evidence demonstrating Apple will be a strong competitor in the mobile advertising market. (Apple recently acquired Quattro Wireless for use in connection with the Apple iAd service.) The deal may signal increased interest in acquiring businesses in the digital advertising space — Gavin D. McElroy
A California federal court has handed Google a legal victory in a battle over its successful AdWords platform.
The plaintiff in Jurin v. Google Inc. sells building materials to contractors and homeowners. Plaintiff sells the materials under its ”StyroTrim” trademark. The plaintiff was upset to learn that Google’s AdWords program had “suggested” StyroTrim as a keyword. Competitors allegedly bid on the term and then appeared in the “sponsored links” accompanying searches for StyroTrim — sometimes in a higher “position” than Jurin’s company. Plaintiff alleged Google’s AdWords infringed the StyroTrim trademark and constituted false advertising under the Lanham Act. Plaintiff also alleged the AdWords “sponsored links” constituted a “false designation of [the] origin [of Styrotrim materials]” under that act. Finally, plaintiff claimed Google had negligently and intentionally interfered with plaintiff’s contractual relations with its customers. Google moved to dismiss these claims. Read more »
Tags: AdWords, Communications Decency Act, Google, Lanham Act, Styrotrim, Trademark
Advertising, Communications Decency Act, Court Cases, Google, Lanham Act (Trademark) | editor | March 11, 2010 12:59 pm | Comments (0)
“We have decided we are no longer willing to continue censoring our results on Google.cn, and so over the next few weeks we will be discussing with the Chinese government the basis on which we could operate an unfiltered search engine within the law, if at all. We recognize that this may well mean having to shut down Google.cn, and potentially our offices in China.” — David Drummond , Google SVP & Chief Legal Officer
Google’s “First Click Free” program for content publishers with pay walls appears to have had some vulnerabilities. If you’re not familiar with First Click Free, it’s a program that allows readers of Google News search results to read one piece in its entirety — without being forced to register or subscribe. If the reader tries to read a second article from a site requiring payment or registration, she would be prompted to pay or subscribe. A compromise, according to Google, that ”allow[s] publishers to sell access to their content in general while still allowing users to find it through our search results. Read more »
Should governments play a role in the digitization of books or other online storehouses of information? The French Culture Minister Frederic Mitterand thinks so, according to this WaPo piece. Expressing concern about Google Books, Mr. Mitterand explained that ”It’s not up to this or that private group to decide policy on an issue as important as the digitization of our global heritage.” The article says European Union ministers have agreed to create a committee of “wise men” to create an alternate plan. Read more »
Eric Schmidt, CEO of Google, recently spoke to the Atlantic’s James Fallows about the future of the Internet.
The FCC has released a letter in which Google says an Apple executive rejected its iPhone application for Google Voice, a statement that appeared to contradict Apple’s own claims to the FCC.
In letters to the Federal Communications Commission, both Apple and AT&T have denied that AT&T played any role in determining whether the Google Voice application would be approved for use on Apple’s iPhone. Apple also indicated that it has not rejected Google Voice, but is “still pondering” whether to allow the application, which includes functionality that could replace several programs on the iPhone.
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