Lawsuits

Skype Litigation Settled; Sale by eBay to Investors to Proceed

Authored by Mark Hefflinger on November 6, 2009 - 8:35am.
San Jose, Calif. - Skype parent company eBay (NASD: EBAY) announced on Friday that litigation between an investor group looking to acquire Skype and the creators of the Internet telephone service has been settled, and that its sale of a majority stake in Skype will now proceed. As a result of the settlement, the acquisition deal has been restructured, and Skype creators Niklas Zennstrom and Janus Friis will now join the investor group, led by Silver Lake, and make a "significant capital investment" in exchange for a 14% stake in Skype.

No Doubt Sues Activision Over Avatars in "Band Hero"

Authored by Mark Hefflinger on November 5, 2009 - 11:13am.
Los Angeles - The rock band No Doubt has filed a lawsuit against "Band Hero" video game publisher Activision (NASD: ATVI), alleging the company overstepped the permission granted by the band to include their likenesses within the game, Reuters reported. According to the lawsuit, the band did authorize its likenesses to be used to create avatars to perform its own songs within the game, but did not authorize the No Doubt avatars to perform songs by other bands.

Beatles to Release Re-mastered Catalog on $279 USB Drive

Authored by Mark Hefflinger on November 4, 2009 - 10:38am.
London - The Beatles' record label, Apple Corps, and EMI Music have announced plans to release a limited edition apple-shaped USB drive, containing the entire Beatles re-mastered catalog in FLAC and MP3 format. The 30,000 USB apples will become available on Dec. 7 in the U.K. and Dec. 8 in North America, with a price tag of $279.

Report: Skype Creators, eBay, Investors Near Settlement

Authored by Mark Hefflinger on November 4, 2009 - 9:29am.
San Francisco - Litigation between the inventors and former owners of Internet phone service Skype, current owner eBay (NASD: EBAY), and an investor group looking to acquire Skype from eBay, could be nearing a settlement, The New York Times reported, citing several people who have been briefed on the situation. Niklas Zennstrom and Janus Friis -- the inventors of Skype and the peer-to-peer technology behind file-sharing service Kazaa and video portal Joost -- sued the investor group in a bid to block their acquisition of Skype from eBay.

Norwegian Court: ISP Telenor Need Not Block The Pirate Bay

Authored by Mark Hefflinger on November 6, 2009 - 9:57am.
Oslo, Norway - International record label trade group IFPI has lost its court case that sought to compel Norwegian ISP Telenor to block its subscribers' access to file-sharing hub The Pirate Bay, TorrentFreak reported.

Judge Orders Site Selling Beatles Tracks to Cease

Authored by Mark Hefflinger on November 6, 2009 - 9:04am.
Los Angeles - A federal judge has ordered BlueBeat, a company selling unauthorized Beatles recordings online, to immediately cease the practice.

Facebook Awarded $711 Million in "Spam King" Lawsuit

Authored by Mark Hefflinger on October 30, 2009 - 9:47am.
Palo Alto, Calif. - Facebook has won a $711 million judgment against an alleged spammer who the company said accessed members' accounts without permission and sent phony wall posts and messages.

Swedish Court: Pirate Bay Operators Must Stop Running Site

Authored by Mark Hefflinger on October 29, 2009 - 7:45am.
Stockholm, Sweden - A Swedish court has ordered two of the operators of file-sharing hub The Pirate Bay to cease their involvement in operating the site, or else face fines of $71,000 each, TorrentFreak reported. The story notes that neither Gottfrid Svartholm nor Fredrik Neij currently reside in Sweden, nor is The Pirate Bay itself currently hosted on servers within Sweden.

Dutch Court Orders Pirate Bay to Remove Torrents; Block Access

Authored by Mark Hefflinger on October 22, 2009 - 10:51am.
Amsterdam - The Amsterdam Court on Thursday gave the operators of file-sharing hub The Pirate Bay three months to remove a list of copyrighted torrents, and block access to portions of the site from Dutch users, or else face penalties of $7,500 each per day, TorrentFreak reported.

Lawsuit Claims Apple iPhone Infringes Nokia Patents

Authored by Mark Hefflinger on October 22, 2009 - 8:34am.
Espoo, Finland - Cell phone maker Nokia (NYSE: NOK) has filed a patent infringement against Apple (NASD: AAPL), claiming that the iPhone uses technology covered by ten Nokia patents without permissions. Filed in federal court in Delaware, the lawsuit alleges that Apple is infringing Nokia patents related to GSM, UMTS and wireless LAN standards, and technology such as wireless data, speech coding, security and encryption.
tags: Mobile | Law | Lawsuits | Apple | Patents | Nokia | iPhone |

Pirate Bay Appeal Postponed Until Summer 2010

Authored by Mark Hefflinger on October 19, 2009 - 9:20am.
Stockholm, Sweden - The appeal of the copyright infringement convictions of the four operators of file-sharing hub The Pirate Bay has been delayed, likely until at least next summer, as questions over potential conflicts of interest of several judges assigned to hear the appeal are considered, TorrentFreak reported.

Pirate Bay Four Appeal Judge Bias Claims to Supreme Court

Authored by Mark Hefflinger on October 16, 2009 - 8:49am.
Stockholm, Sweden - The four operators of file-sharing hub The Pirate Bay have taken their conflict of interest challenge against two of the judges assigned to hear their appeal of a conviction on copyright infringement charges to the Supreme Court in Sweden, TorrentFreak reported.

Court: Ringtones Not a 'Public Performance'; No Extra Royalty

Authored by Mark Hefflinger on October 15, 2009 - 10:28am.
San Francisco - A federal court has ruled that a cell phone ringtone sounded in public does not constitute a "public performance" under copyright law, and therefore performing rights organizations like ASCAP are not entitled to additional royalty payments from ringtones. "When a ringtone plays on a cellular telephone, even when that occurs in public, the user is exempt from copyright liability, and [the cellular carrier] is not liable either secondarily or directly," the court said in its ruling.

Skype Creators Seek Injunction Against Former Joost CEO Volpi

Authored by Mark Hefflinger on October 15, 2009 - 9:00am.
Wilmington, Del. - The creators of peer-to-peer services Kazaa, Skype and Joost have asked a federal court for an injunction against former Joost CEO Mike Volpi and Index Ventures, where he is now a partner, to prevent them from using trade secrets in their bid to acquire Skype from eBay. Developers Niklas Zennstrom and Janus Friis allege that Volpi breached his duties to Joost while employed there by dangling a prospective workaround -- that would eliminate the need for Skype to use Zennstrom's and Friis' peer-to-peer technology -- to investors looking to acquire Skype from eBay (NASD: EBAY).

EMI Drops Suit Against Grooveshark, Licenses Music to Service

Authored by Mark Hefflinger on October 13, 2009 - 11:48am.
London - Major record label EMI has dropped its copyright infringement lawsuit against free music streaming site Grooveshark, and has instead agreed to license both its recording and publishing catalogs to the site for U.S. use, Wired.com reports. "We think services like Grooveshark offer great music discovery options for fans," Mark Piibe, EMI Music's global head of digital business development, told Wired.com. "In turn, Grooveshark offers a new revenue stream for our artists and will help us learn more about how we can better connect different types of fans with artists."

Sony Faces Class Action Suit Over PS3 Firmware Upgrades

Authored by Mark Hefflinger on October 7, 2009 - 12:01pm.
San Francisco - A class action suit has been filed against Sony Computer Entertainment America, over firmware updates for the PlayStation 3 that allegedly "bricked" some owners' consoles, refusing to play Blu-ray discs after installation, Ars Technica reports.

Google Book Settlement Hearing Rescheduled for Nov. 9

Authored by Mark Hefflinger on October 7, 2009 - 9:29am.
New York - The judge overseeing the proposed settlement between Google (NASD: GOOG) and authors over the company's creation of a digital books archive has set a new hearing date of Nov. 9 to discuss a revised settlement plan, the Associated Press reports. A hearing had been scheduled for Oct. 7, U.S. District Judge Denny Chin agreed to a postponement in light of criticism from the Justice Dept. and others in opposition to the deal as it was structured at the time.

Report: Studio Attorneys Targeting Pirate Bay Hosting Providers

Authored by Mark Hefflinger on October 6, 2009 - 10:17am.
San Francisco - The website for file-sharing hub The Pirate Bay was down most of Monday, the result of the efforts of local attorneys in Sweden for the Hollywood movie studios to go after the site's hosting providers, CNET News.com reported, citing Tweakers.net. The site's current hosting provider, NForce, reportedly complied with the legal requests to shut the site down. In recent weeks, The Pirate Bay has also been moved from sites hosted by a Ukraine-based ISP, and Netherlands-based Black Internet as a result of legal threats, according to the reports. The site is currently back online.

Nintendo, Developers File Suit Against Pirate Game Importers

Authored by Mark Hefflinger on October 6, 2009 - 9:41am.
Tokyo - Nintendo and 54 developers of games for its DS handheld game system have filed a lawsuit seeking $4.4 million in damages from four importers of devices that allow pirated software to play on the DS, Variety reported.
tags: Games | Law | Lawsuits | Piracy | Nintendo | DS |

Report: YouTube Employees May Have Uploaded Viacom Clips

Authored by Mark Hefflinger on October 6, 2009 - 8:12am.
San Francisco - Viacom (NYSE: VIA), the media conglomerate that filed a $1 billion copyright infringement suit against Google's (NASD: GOOG) YouTube, may have uncovered evidence that YouTube employees themselves uploaded Viacom content to the site, CNET News.com reported, citing three sources with knowledge of the case. The evidence is reportedly found in emails, which "indicate that YouTube managers knew and discussed the existence of unauthorized content on the site with employees but chose not to remove the material," CNET reports.