Position Statement, here.
Wednesday, May 08, 2013
Tuesday, May 07, 2013
Monday, May 06, 2013
EU Commission sends Statement of Objections to Motorola Mobility on potential misuse of mobile phone standard-essential patents
Press Release, here.
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Apple's "willingness" specified:
"Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court". Further, from the Memo:
"By contrast, a potential licensee which remains passive and unresponsive to a request to enter into licensing negotiations or is found to employ clear delaying tactics cannot be generally considered as willing."
Moreover, specifically to the relevance of the so-called German "Orange Book" case-law on injunctions:
"The 2009 "Orange Book" ruling of the German Supreme Court established that a potential licensee can raise a competition law defence against an application for an injunction by showing that (i) it has made an unconditional offer to license under terms that cannot be rejected by the patent-holder without abusing its dominant position, and (ii) it actually acted as if had entered into a valid patent licence. The Supreme Court's ruling did not specifically relate to SEPs. The Commission's preliminary view is that an interpretation of that ruling whereby a willing licensee is essentially not entitled to challenge the validity and essentiality of the SEPs in question is potentially anti-competitive."
----------
Apple's "willingness" specified:
"Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court". Further, from the Memo:
"By contrast, a potential licensee which remains passive and unresponsive to a request to enter into licensing negotiations or is found to employ clear delaying tactics cannot be generally considered as willing."
Moreover, specifically to the relevance of the so-called German "Orange Book" case-law on injunctions:
"The 2009 "Orange Book" ruling of the German Supreme Court established that a potential licensee can raise a competition law defence against an application for an injunction by showing that (i) it has made an unconditional offer to license under terms that cannot be rejected by the patent-holder without abusing its dominant position, and (ii) it actually acted as if had entered into a valid patent licence. The Supreme Court's ruling did not specifically relate to SEPs. The Commission's preliminary view is that an interpretation of that ruling whereby a willing licensee is essentially not entitled to challenge the validity and essentiality of the SEPs in question is potentially anti-competitive."
Copyright in the Digital Era: Building Evidence for Policy
US National Research Council of the National Academies, here.
Friday, May 03, 2013
Educational Fair Use: Amici Curiae in Support of Georgia State University
Academic Authors and Legal Scholars, here.
Thursday, May 02, 2013
Tuesday, April 30, 2013
Monday, April 29, 2013
Saturday, April 27, 2013
Friday, April 26, 2013
Thursday, April 25, 2013
Wednesday, April 24, 2013
Canada: Privacy and Social Media in the Age of Big Data
Report of the Standing Committee on Access to Information, Privacy and Ethics, House of Commons, here.
Tuesday, April 23, 2013
Monday, April 22, 2013
The European Commission Policy on Open Access: the Importance of Text and Data Mining
J.-F. Dechamp, here (Presentation)
Indian copyright organisation asks colleges to buy licence to photocopy book portions
Economictimes.indiatimes.com, here.
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Ofcom.org.uk, here .
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LG Frankfurt am Main, 2-06 O 172/09 (verkündet am 13.05.2009). Lesenswertes aus der Begründung (meine Hervorhebungen): "Vorstellbare ...
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VentureBeat, here .
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The algorithmic economy is the new digital economy, in case you hadn’t noticed. Companies use the outcome of sophisticated data analyti...
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J. Murphy, OECD ROUNDTABLE ON PROMOTING COMPLIANCE WITH COMPETITION LAW, here .
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Globalbankingandfinance, here .
