Patentability and Scope of Protection for DNA Sequence

R. Milkov, here.

The European Commission Policy on Open Access: the Importance of Text and Data Mining

J.-F. Dechamp, here (Presentation)

Eight Business Model Archetypes for PSI Re-Use

E. Ferro, M. Osella, here

The Economics of Competition (Law)

J. Paha, here

Brussels Court of Appeal: embedding illegal YouTube content is no copyright breach, here

Finnish Sites Blacking Out Tomorrow In Support Of Copyright Petition, here

Google fined just $189,000 for 'one of the biggest' data protection violations in German history, here

Indian copyright organisation asks colleges to buy licence to photocopy book portions, here

EU Commission sends statement of objections to suspected participants in smart card chips cartel

Press Release, here

A closer look at the new PSI Directive

Open Knowledge Foundation Blog, here

WIPO Members Send Draft Treaty For The Blind To Marrakesh, here

Federal judge has set FRAND rate for Microsoft's license to Google's standard-essential patents, here

Diritti audiovisivi sportivi: segnalazione al Parlamento, qui

Patent Trolls and ‘Royalties’: Distracting From the Real Issue Which is Software Patents, here

Final text before Marrakesh, WIPO treaty for the blind, here

Protecting brands on the Internet. A look at approaches taken by the EU, US and Italy, here

It’s time to update online privacy, here

On copyright and rights of persons with disabilities: WIPO treaty for the blind

T. Sinodinou, here

Deutscher Bundestag über Softwarepatente, hier

Revendre des fichiers musicaux de “seconde main” par l’entremise de ReDigi: licite ou pas?

A. Strowel, ici.

What Role Should Antitrust Play in Regulating the Activities of Patent Assertion Entities?

J. Wright, here

YouTube Again Beats Viacom's Massive Copyright Infringement Lawsuit, here

FTC Chair Stuns Advertisers regarding Do Not Track, here

Bruno Lasserre on Competition Policy Attitudes in France

My quick take on the very interesting speech given today in Trento by the Chairman of the French Competition Authority.
-         Sort of schizophrenia between consumers (pro) and citizens (more skeptical) towards competition policy.
-         The glorious days of competition policy in France go back to at least 1791, when guilds (corporations) were suppressed by initiative of the revolutionaries.
-         Before WWII, the attitude in France was generally very positive, at a time in which, by contrast, Germany was much more in favor of cartelizing the economy.
-          After WWII: public intervention into the economy much welcomed by French citizens, competition policy experienced mostly as an external imposition.
-          Leftist reason to support competition during last political election: fight against privilege by birth; “equality of chances” (égalité) still very popular.
-         Governments in general less procompetition than members of Parliament because of economic pressures by big players.
-         French civil servants not believing in competition: 77%; French judges: even more (figure not disclosed).
-          Going aheaddramatically important in order to convince citizens of the benefits of competition policy: private/class actions!
-         Draft bill on class actions in France: too narrow.
- Average loss per mobile phone user due to 2005 telecoms’ cartel: 70 Euro per year (cartel’s duration: 2 ½ y.)

India’s Patently Wise Decision

J. Stiglitz, A. Jayadev, here

40 Years of Music Industry Change, In 40 Seconds or Less..., here

Can you find me now? How carriers sell your location and get away with it, here

Voyage au cœur des smartphones et des applications mobiles avec la CNIL et Inria, ici

E-Books to be available in UK libraries under Public Lending Right, here

A Developmental Approach to the Patent-Antitrust Interface

T. Cheng, here

My thoughts on Mendeley/Elsevier & why I left to start PeerJ, here.

Abuse Of IP Rights Under China's Antitrust Rules: Recent Cases Have A Potentially Serious Impact

McDermott Will & Emery, here

Netherlands: The Tax Deductibility Of European Fines For Cartel Violations: On Borrowed Time

NautaDutilh, here

Colleen Chien on Patent Assertion Entities

Antitrust & Competition Policy Blog, here.

Microsoft and others file EU antitrust complaint over Android app bundling, here.
Two central allegations, it seems:
- Android is the dominating mobile operating system (running in 70% of units shipped at the end of 2012)
-  Android phone makers wanting to include "must-have" Google apps such as Maps or YouTube are required "to pre-load an entire suite of Google mobile services and to give them prominent default placement on the phone"
- Other apps and services providers are disadvantaged
- Google’s Android is put in control of consumer data on a majority of smartphones shipped today.

- Google distributes Android open source operating system for free, i.e. below cost
- this makes it difficult for other providers of operating systems to recoup investments in competing with Google’s dominant mobile platform.

Fairsearch's 2011 White Paper indirectly provides some additional background information to the allegations, see e.g. p. 35: Google is also attempting to monopolize mobile search and search advertising through the Android operating system...According to some, Google is “not trying to make a profit on Android or [its web-browser] Chrome . . . .In essence [by giving Android away for free], they are not just building a moat; Google is also scorching the earth for 250 miles around the outside of the castle to ensure no one can approach it"(reference omitted).

An overview of the other competition complaints filed by Google's competitors (source:, here):

Read also Groklaw's take on the allegations, here

Content ownership and resale, here

Conceptual Study on Innovation, Intellectual Property and the Informal Economy

WIPO Secretariat and J. de Beer, here

Access and the Public Domain (Fordham IP Talk)

R. Picker, Video (Slide Talk), here

One on One: Jason Merkoski and the View of E-Books From the Inside, here

Robots, the DMCA, and Patents: Threats, Strategy, and Caselaw in the Aftermarket

C. Hicks, K. Liu, here

TPM systems to protect video games and illegal “mod chips” to circumvent them – in the light of a referral to the CJEU

M. Ficsor, Paper here, Presentation here

Mobile privacy. A better practice guide for mobile app developers.

Consultation draft, Australian Government, here.

The Single Market for financial services and competition policy

European Competition Forum 2013, Videos here

State of Play: Treaty for the Blind negotiations at the World Intellectual Property Organization, here

Letting Down Our Guard With Web Privacy, here

The IP-Competition Wars: Why is There a Tug of War When We All Share the Same Goal?–An Inventive Competitive Economy

E. Fox, Presentation here

Recent Japanese Cases Regarding Standard Essential Patents and FRAND Licensing Declaration

S. Oda, Presentation here

Legal Assessment of Patent Settlement Agreements Containing “Reverse” Payments

R. Subiotto, Presentation here

The preparation of a WIPO instrument/treaty on exceptions or limitations for the visually impaired in the light of the WIPO-Unesco Model Provisions on the same adoped in the “guided development” period

M. Ficsor, here

The Oracle Speaks (UsedSoft)

P. Charleton, S. Kelly, here

Papers and Presentations from the Fordham IP Conference 2013

List here.

Comments of Google, Blackberry, Earthlink and Red Hat on Patent Assertion Entities


Walking the Data Protection Tightrope: The Google Privacy Policy Investigations, here

Not (Necessarily) Narrower: Rethinking the Relative Scope of Copyright Protection for Designs

S. Burstein, here

L'Union européenne, colonie du monde numérique ?

C. Morin-Desailly, ici

Smokescreen: How Managers Behave When They Have Something to Hide

T. Artiga Gonzalez, M. Schmid, D. Yermack, here.

Algorithms and competition

M. Vestager, here . Large friendly letters? "It's true that the idea of automated systems getting together and reaching a...