Tag Archives: Google

Computer Scientists Speak Out Against Copyrighting of Java APIs

by

The ongoing copyright battle between Google and Oracle does not just impact the two computer giants. As the case heads before the Federal U.S. Circuit of Appeals, 32 computer scientists and software developers have weighed in on whether copyright law should protect application-programming interfaces (APIs).

Oracle recently appealed last year’s decision that Google did not commit copyright infringement when it copied Oracle’s software code to build the Android mobile operating system. U.S. District Judge William Alsup concluded that the software code was not protected under copyright law as a matter of law, finding that the APIs were a functional part of the Java platform and should be available to others using it.

In the brief filed by the Electronic Frontier Foundation, a number of well-known computer scientists, including MS-DOS author Tim Paterson and ARPANET developer Larry Roberts, argue that Alsup got it right.

“The freedom to reimplement and extend existing APIs has been the key to competition and progress in the computer field—both hardware and software,” the brief states.
”Should the court reverse Judge Alsup’s well-reasoned opinion, it will hand Oracle and others the ability to monopolize any and all uses of systems that share their APIs. API creators would have veto power over any developer who wants to create a compatible program,” the brief further argues.

Given the potential implications on software copyrights, I will continue to monitor the case and provide updates as they become available.

How Can I Help?

If you, or someone you know, need any help with Intellectual Property issues, from filing a patent, trademark or copyright, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Oracle Vs. Google, Copyright War Round 2.

by

If you thought the copyright war between Google and Oracle was over, think again. Oracle  appealed last year’s decision that Google did not commit copyright infringement when it copied Oracle’s software code to build the Android mobile operating system.

On appeal, the Federal U.S. Circuit of Appeals will be asked to reconsider whether application programming interfaces (APIs) can be copyrighted.

U.S. District Judge William Alsup previously concluded that the software code was not protected under copyright law as a matter of law.

On appeal, Oracle contends that the decision was “decidedly unfair.” Interestingly, to illustrate its point, Oracle took a page from Harry Potter.

“Ann Droid wants to publish a bestseller. So she sits down with an advance copy of Harry Potter and the Order of the Phoenix — the fifth book — and proceeds to transcribe. She verbatim copies all the chapter titles—from Chapter 1 (‘Dudley Demented’) to Chapter 38 (‘The Second War Begins’). She copies verbatim the topic sentences of each paragraph, starting from the first (highly descriptive) one and continuing, in order, to the last, simple one (‘Harry nodded.’). She then paraphrases the rest of each paragraph. She rushes the competing version to press before the original under the title: Ann Droid’s Harry Potter 5.0,” the brief reads.

“Google Inc. has copied a blockbuster literary work just as surely, and as improperly, as Ann Droid—and has offered the same defenses.”

Sot the battle between Oracle and Google is heating up again. Given the potential implications on software copyrights, I  will continue to monitor the case and provide updates as they become available.

How Can I Help?

If you, or someone you know, need help with any Intellectual Property issue, from filing a patent, trademark or copyright, or just advice regarding how best to protect your ideas and your brand, contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Google Sees Spike in Copyright Removal Requests

by

Google recently announced new figures regarding the number of takedown notices it receives under the Digital Millennium Copyright Act. The search giant also announced that interested parties can now download all the data shown for copyright removals in a new “Transparency Report.”

According to Google, when it launched the copyright removals feature, it received more than 250,000 requests per week.  That number  spiked in just six months to more than 2.5 million requests per week.

Google also reports that although it is receiving more requests, it is still able to process them, on average, within approximately six hours. Overall, Google has removed 97.5 percent of all Web links included in copyright removal requests.

Google has staunchly opposed legislative efforts to combat online piracy, such as the Stop Online Piracy Act (SOPA). The latest reports seems to be an effort to show that it is up to the task of policing its own search results.

“We’ll continue to fine tune our removals process to fight online piracy while providing information that gives everyone a better picture of how it works,” Fred Von Lohmann, Legal Director at Google, stated in a related blog post. “By making our copyright data available in detail, we hope policymakers will be able to see whether or not laws are serving their intended purpose and being enforced in the public interest.”

How Can I Help?

For more information about how to protect your copyrighted material, contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

Cooperation to avoid litigation.

by

Rosetta Stone Inc. and Google Inc. have announced plans to dismiss a three-year old trademark infringement lawsuit over Google’s AdWords system. The two companies  now plan to work together to fight trademark abuse online.

Rosetta Stone filed suit in 2009, alleging that Google allowed its competitors to market copycat software when Rosetta’s trademarks were used as search terms in Google’s AdWords system. “Google’s search engine is helping third parties to mislead consumers and misappropriate the Rosetta Stone marks by using them as ‘keyword’ triggers for paid advertisements and by using them within the text or title of paid advertisements,” Rosetta Stone alleged.

As the Associated Press reports, the lawsuit was dismissed in 2010. However, it was scheduled to resume this year after an appeals court ruled that some of the claims should go to trial.

In a statement, Rosetta Stone and Google pledged to “meaningfully collaborate to combat online ads for counterfeit goods and prevent the misuse and abuse of trademarks on the Internet.”

“By working together, Google and Rosetta Stone hope to improve detection methods, and better protect from abuse brands like Rosetta Stone, advertising platforms like Google AdWords, and ultimately consumers on the Internet,” they continued. “At the end of the day, both companies would rather cooperate than litigate, and we believe this agreement is an important step toward eliminating piracy and trademark abuse on the Internet.”

In this case, it appears that Google and Rosetta Stone have decided that it may be more cost-effective to pool their resources against a common enemy as opposed to the time and expense of trial. However, it is likely that this was just one of the factors taken into consideration when settling the lawsuit, as other terms of the settlement have not been disclosed.

How Can I Help?

If you need help to protect a brand, file a trademark application, or know someone that can use my help, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California. As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

New Google Search Algorithm May Deter Copyright Infringement

by

Google has changed how it ranks search results in order to account for copyright infringement claims. The move is seen as a big win for large media companies that have been pressuring the search giant to take a stand against piracy.

The revised search algorithm specifically takes into account the number of valid copyright removal notices Google receives for any given site. Therefore, sites with high numbers of removal notices will likely appear lower in the search results.

“This ranking change should help users find legitimate, quality sources of content more easily — whether it’s a song previewed on NPR’s music Web site, a TV show on Hulu or new music streamed from Spotify,” Amit Singhal, Google’s senior vice president of engineering, stated in a Google blog post.

Of course, even under the new system, Google will not remove any pages from search results until it receives a valid copyright removal notice from the owner. For more information about what to do if your copyright is being infringed online, please contact me for a free 30 minute consultation by sending me an email or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities.  Connect with me on Google +

Norman