California Court Enjoins Canadian Court’s Global De-listing Order to Google as Contrary to CDA

6 12 2017

In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that compelled Google to globally de-list certain search results of a former distributor that had allegedly used its websites to unlawfully sell the defendant Equustek Solutions’s (“Equustek”) intellectual property. (Google LLC v. Equustek Solutions Inc., 2017 WL 5000834 (N.D. Cal.  Nov. 2, 2017)).

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The content in this post was found at https://newmedialaw.proskauer.com/2017/11/09/california-court-enjoins-canadian-courts-global-de-listing-order-to-google-as-contrary-to-cda/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Did Facebook steal the design for its data center in Sweden?

17 02 2017
Despite Facebook’s best efforts to get a trade-secrets theft lawsuit tossed, a federal judge is ruling that the social media giant must defend allegations that the company stole the design of its touted data center in Luleå, Sweden.

The suit was brought by British engineering firm BladeRoom Group (BRG), which in 2015 alleged “BRG spent years developing and refining the prefabricated, modular design and the transportation and construction techniques that Facebook blithely passed off to the world in 2014,” the company said in its federal lawsuit. The company said that Facebook “simply stole the BRG Methodology and passed it off as its own.” BladeRoom notes that Facebook shared some of the ideas for the Swedish data center on the Open Compute Project blog and did not “make any attempt to attribute or credit BRG for any of the elements of the innovative new approach” that Facebook “claimed” it had developed.

BRG says it holds the intellectual property rights and trade secrets to what it termed are “mission-critical modular buildings with complex mechanical and electrical components.” Those buildings, according to the company, include industrial kitchens, hospitals, theaters, clean rooms, and data centers.

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The content in this post was found at https://arstechnica.com/tech-policy/2017/02/did-facebook-steal-the-design-for-its-data-center-in-sweden/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Server Location, Jurisdiction, and Server Location Requirements (Guest Blog Post)

5 02 2017

by guest blogger Marketa Trimble

At the recent “Law, Borders, and Speech” conference at Stanford, several participants debated the relevance of server location in determining jurisdiction. Some Silicon Valley attorneys at the conference argued that the location of a server should not be just one of the factors in a jurisdictional inquiry, but that it should be the determinative factor for jurisdiction. Support for this position is consistent with the recent Microsoft (Data Stored in Ireland) decision in which the U.S. Court of Appeals for the Second Circuit, in dicta, suggested that the location of a server containing data should determine jurisdiction over that data (for commentaries on the decision see, for example, here and here). Does it make sense for internet companies (ISPs, content providers, etc.) to take this position?

The position that the location of a server should be determinative in a jurisdictional inquiry makes sense in the context of the companies’ fight against data location requirements – the rules through which countries mandate that companies locate their servers (and data) in the countries’ territory if the companies want to do business there. The USTR has criticized these data location requirements and has included “data localization [sic] requirements” among the “Key Barriers to Digital Trade.” [I favor the phrase “data location” over “data localization” for reasons I explain at the end of this post.]

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The content in this post was found at http://blog.ericgoldman.org/archives/2016/12/server-location-jurisdiction-and-server-location-requirements-guest-blog-post.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Getty Images targets Google’s image search in EU by filing competition complaint

20 01 2017

Google, the Internet software and services arm of Alphabet Inc. (NASDAG:GOOGL), offers a tremendously valuable portal to the wider Internet through its flagship search engine service. One of the more popular aspects of Google’s search engine is the image search features; as of July 2010, Google’s image search was delivering one billion pageviews per day […]

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The content in this post was found at http://www.ipwatchdog.com/2016/06/06/getty-images-google-eu-competition-complaint/id=69592/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Michael Jordan prevails in trademark case, earns right to use Chinese character mark for his name on merchandise

12 01 2017

On December 8th, famed basketball star Michael Jordan was partially successful in a legal action filed in Chinese courts over the use of his name and likeness on shoes and sportswear marketed by a domestic Chinese firm. The case is further proof of a major change in the fortunes of foreign intellectual property owners in the highest courts of the world’s second-largest economy. The Jordan trademark suit goes back to 2012 when the suit was filed against Qiaodan Sports, a sportswear manufacturer operating thousands of retail locations in China which was founded in 2000 according to business information reported by Bloomberg.

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The content in this post was found at http://www.ipwatchdog.com/2017/01/09/michael-jordan-prevails-trademark-case-chinese-character/id=76192/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.