IPwars.com

Mainly intellectual property (IP) issues Down Under

Linking should infringe?

Judge Posner (of the 7th Circuit Court of Appeals in the USA) writing extra-judicially on his blog has stirred up a maelstron in the blogosphere with a typically  thoughtful and provocative post contending that linking to websites should be copyright infringement. (At the time of writing, there are only 211 comments!) Less contentiously (at least in terms of blogosphere reaction), Prof Becker’s reaction is that newspapers are doomed: That the.. Read More

Google’s trade mark policy

Yesterday (in the USA) Google’s new trade mark policy and complaint procedure came into force. All the details here. Australia is still in the regions where both text and keywords are monitored. Lid dip @TrademarkBlog (aka Marty Schwimmer)

Terms of Service Tracker

The blogosphere ‘lit up’ and Facebookers (?) went on the rampage when it emerged that Facebook was unilaterally changing its terms of use (and not telling anyone) – Facebook: All Your Stuff is Ours, Even if You Quit. Jonathon Bailey at Plagiarism Today looks at the EFF’s new TOSBack so you can keep up to date with how your service provider is “shifting the goalposts”. Google, for example, amongst other things.. Read More

Googling it …

From the blogsite: We started with a set of tough questions: Why do we have to live with divides between different types of communication — email versus chat, or conversations versus documents? Could a single communications model span all or most of the systems in use on the web today, in one smooth continuum? How simple could we make it? What if we tried designing a communications system that took.. Read More

“All of a sudden we realized we were in the auction business.”

The Annual Meeting of the American Economics Association tries to work out how Google works or how AdWords changed the world: here A tidbit: During the question-and-answer period, a man wearing a camel-colored corduroy blazer raises his hand. “Let me understand this,” he begins, half skeptical, half unsure. “You say that an auction happens every time a search takes place? That would mean millions of times a day!” Varian smiles… Read More

wolfing it down, er, up

Wolfram Alpha, a new search engine that attempts to answer questions, not “just” provide a list of potentially relevant websites. According to the website: You enter your question or calculation, and Wolfram|Alpha uses its built-in algorithms and growing collection of data to compute the answer.  Perhaps rather more sexily, ask it what the answer to life, the universe and everything? The Daily Telegraph has a video. Lid dip, Joshua Gans (try.. Read More

Google’s sale of keywords could be trade mark use

Well, strictly speaking, the 2nd Circuit in the USA has held that Google’s sale of keywords may be use in commerce. Rescuecom had sued Google for trademark infringement by selling advertisements (sponsored links) triggered by Rescuecom’s trademark. The District Court had dismissed the claim on the grounds that Google’s conduct was not use in commerce. So now it goes back to the District Court. Of course, Google’s conduct, if were.. Read More

Domain names and regulatory requirements

If the (US) FDA requires you to include information about the risks of using your drug and Google’s AdSense has a 95 character limit, what do you do? Prof. Manara explores how companies, particularly pharmaceutical companies, are using domain names to ensure that their online presence doesn’t contravene regulatory requirements such as FDA requirements to include information about risks in materials advertising drugs.

Blogger (Google) and the DMCA

Plagiarism Today considers Google’s new Blogger contact form for DMCA notfications here.

Adwords and Keywords

Prof. Gans over at CoreEcon takes issue with Eric Clemons’ paper in which Prof. Clemons appears to be arguing that Google’s business model – using sponsored links and paid advertising triggered by keywords and the like – is based on misdirection. Now, if Prof. Clemons were right, that could be a reason for contending that the use of trade marks in keywords etc. is (at least) misleading or deceptive conduct… Read More

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