LawFont.com

In the third quarter of the 2005 financial year (July-September), Google earned US$381 million (US$1.32 per share). (At the close of business on 21 October, Google was selling at over US$339 a share—that’s a record high.) That’s seven times more than Google’s earnings of US$52 million (19 cents a share), during the same period in 2004, although last year’s results reflected the cost of settling a patent dispute with Yahoo. (more…)

The First Amendment Center has a nice analysis piece on international libel laws and publishing on the internet.

There are a couple of quibbles: the piece notes a number of cases brought against US publishers in a number of jurisdictions, including Australia, and says “In all of these cases, the foreign courts ignored the protections of U.S. libel law and instead applied local law to determine the publishers’ liability.” (more…)

United States wireless telco Sprint Nextel has filed a suit in Kansas federal court against Vonage , Voiceglo Holdings, and theglobe.com (Voiceglo’s parent), claiming infringement of seven Sprint patents relating to voice over data packet technology, including VoIP. Injuctions against Vonage and Voiceglo, as well as unspecified damages, are being sought.

Vonage and Voiceglo are big business. Vonage is the largest United States independent VoIP service, with over 1 million subscribers, and is thought to be preparing for an IPO. Its service is designed to replace traditional telephones. Voiceglo offers a computer-based system that allows voice calls between computers or from computers to traditional phones, adopting a similar business model to Skype. (more…)

Are newspaper headlines protected by copyright?

The Japanese Intellectual Property High Court (a branch court of the Tokyo High Court) has ruled that a small Internet company’s unauthorised use of headlines from Japan’s best-selling newspaper, the Yomiuri Shimbun, is illegal.

Strangely, although the company, Digital Alliance Corporation, has been ordered to pay about Â¥237,700 (about US$2,000 or A$2,758) to the Yomiuri, and the court said that the use of the headlines was illegal, Judge Tomokatsu Tsukahara noted that as headlines are not mentioned in Japan’s Copyright Law the law is not completely clear, and he did not order Digital Alliance to take down the headlines from its website. Presumably Digital Alliance’s use of the headlines was illegal for a reason other than copyright infringement. (more…)

Is ICANN’s control of Internet governance at an end? Representatives from the European Union and other countries are lobbying for this to be true. At the recent World Summit of the Information Society, organised by the United Nations in Geneva, several countries argued that the allocation of domain names and similar tasks be run by an international body, rather than by ICANN in conjuction with the US government. Such a change would be a radical shift from the current policy, and it is not altogether clear which option would have the best results. (more…)

USA Today has reported that a Yahoo-backed alliance plans to provide digitised copyright material online. Yahoo Inc., along with partners including Adobe Systems Inc., Hewlett-Packard Co., the Internet Archive, O’Reilly Media Inc., the University of California, and the University of Toronto, plans to do something similar to the Google-backed initiative that I described in an earlier post.

The difference between the projects is significant. Where Google has, controversially, announced that it will provide excerpts of copyrighted works unless the copyright holders “opt out”, the Open Content Alliance is instead pursuing an “opt in” policy: only when the copyright holder explicitly gives permission will a work be made available. The actual difference between the two approaches is not so great, however. (more…)

Since online auctioneer eBay agreed to purchase Voice over Internet Protocol (VoIP) provider Skype Technologies for $2.6 billion in cash plus eBay stock, industry analysts have been wondering why. Skype, which allows Internet users wth broadband connections to talk from computer-to-computer anywhere in the world for free, and from computer-to-phone at a deep discount from any rates offered by traditional telecommunications companies, is an example of how VoIP, also called IP telephony or Internet telephony, is revolutionising the telecommunications industry. The focus in the news has been on why an online auctioneer would want to pay this much for a telephony company. Equally interesting are the questions for regulatory policy. (more…)

In December 2004, Google announced its Library Project — an initiative to index the book collections of Harvard, the University of Michigan, Stanford, Oxford, and the New York Public Library, and make their content searchable online. As with all things interesting to do with the Net and intellectual property, this project has not been uncontroversial. (more…)

An article published in The Wall Street Journal Online (posted 31 August 2005) reports that a company has sued the owner of a blog for comments posted on his site by readers about the company. This case, should it proceed to trial, will raise very interesting issues that are similar to those recently raised in Australia in Universal Music v Cooper , which considered the liability of a website operator for links to infringing mp3s installed on his website by third parties. Although this case does not concern copyright law, but instead defamation and the misappropriation of trade sercrets, it considers the liability of a website operator for the actions of third parties. (more…)