Court Sides With Aereo

Streaming television service Aereo does not infringe the copyrights of over-the-air TV stations, and a request from several stations to shutter the New York-based service isn’t warranted, an appeals court has ruled.

The U.S. District Court for the Southern District of New York was right to deny a request for a preliminary injunction from Fox, ABC, WNET and other TV stations, the U.S. Court of Appeals for the Second Circuit ruled Monday.

The TV stations had argued Aereo, a service that allows subscribers to record and play over-the-air TV programs on Internet-connected devices, violated their so-called public performance right, their exclusive right in U.S. copyright law to “to perform the copyrighted work publicly.”

But Judge Christopher Droney, writing for the appeals court majority, noted that Aereo makes use of technology already found by courts to be legal. The service combines Aereo-designed mini TV antennas, DVRs, and a Slingbox-like streaming service, he noted.

Aereo users, by making personal copies of TV programs for their own use, were not creating public performances, Droney added.

The TV stations “have not demonstrated that they are likely to prevail on the merits on this claim in their copyright infringement action,” Droney wrote in rejecting the request for an injunction against the service. “Nor have they demonstrated serious questions as to the merits and a balance of hardships that tips decidedly in their favor.”

Aereo praised the decision. The decision “again validates that Aereo’s technology falls squarely within the law, and that’s a great thing for consumers who want more choice and flexibility in how, when and where they can watch television,” Chet Kanojia, Aereo’s CEO and founder, said in a statement.

Lawyers for the TV stations weren’t immediately available for comment.

Digital rights group Public Knowledge cheered the ruling, saying it is a “victory for consumer choice and video innovation.”

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Ericcson Transfers Patents

Ericsson has agreed to transfer 1,922 patents and 263 patent applications to Unwired Planet in exchange for a share in ongoing revenue that they will generate.

The transfer includes 753 U.S. patents related to 2G, 3G and LTE technologies, Unwired Planet said Thursday. Four months ago, the company owned just 200 U.S. and foreign patents, and around 75 pending patent applications.

“Our patent portfolio now extends to all layers of the telecom handset and infrastructure stack,” said Unwired Planet’s CEO Mike Mulica during a conference call. The patents cover application stores, location-based services, mobile search and mobile advertising as well as network protocols, antennas and many more topics, Mulica said.

The portfolio will continue to grow, as Ericsson has also committed to transfer a further 100 patents each year from 2014 through 2018.

Mulica said the company wants everyone who uses the patented technologies to pay a license fee. “We will use litigation when necessary,” he said.

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Woman Sues LinkedIn

An Illinois woman has filed a $5 million lawsuit against LinkedIn Corp, claiming that the social network violated promises to consumers by not having better security in place when more than 6 million customer passwords were stolen.

The lawsuit, which was introduced in federal court in San Jose, California, on June 15 and seeks class-action status, was filed less than two weeks after the stolen passwords turned up on websites frequented by computer hackers.

The attack on Mountain View, California-based LinkedIn, an employment and professional networking site with more than 160 million members, was the latest massive corporate data breach to have attracted the attention of class-action lawyers.

A federal judicial panel last week consolidated nine proposed class-action lawsuits in Nevada federal court against online shoe retailer Zappos, a unit of Amazon.com, over its January disclosure that hackers had siphoned information affecting 24 million customers.

The LinkedIn lawsuit was filed by Katie Szpyrka, a user of the website from Illinois. In court papers, her Chicago-based law firm, Edelson McGuire, said LinkedIn had “deceived customers” by having a security policy “in clear contradiction of accepted industry standards for database security.”

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Privacy Advocates & Lawmakers Push For Google Probe

Privacy groups and lawmakers are pushing for a new and more expansive investigation into Google and its privacy practices after the U.S. Federal Communications Commission announced that it found no evidence that the company violated eavesdropping laws.

Late last week, the FCC reported that there was no legal precedent to find fault with Google collecting unprotected home Wi-Fi data, such as personal email, passwords and search histories, with its roaming Street View cars between 2007 and 2010.

However, the FCC did fine Google $25,000 for obstructing its investigation.

A Google spokesperson took issue with the fine.

“We disagree with the FCC’s characterization of our cooperation in their investigation and will be filing a response,” said the spokesperson in an email to Computerworld. “It was a mistake for us to include code in our software that collected payload data, but we believe we did nothing illegal. We have worked with the relevant authorities to answer their questions and concerns.”

The Electronic Privacy Information Center (EPIC), a national privacy watchdog, disagreed with the FCC findings.

In a letter sent to U.S. Attorney General Eric Holder today, EPIC asked that the Department of Justice investigate Google’s surreptitious collecting of Wi-Fi data from residential networks.

“Given the inadequacy of the FCC’s investigation and the law enforcement responsibilities of the attorney general, EPIC urges the Department of Justice to investigate Google’s collection of Wi-Fi data from residential Wi-Fi networks,” wrote Mark Rotenberg, executive director of the advocacy group.

“By the [FCC’s] own admission, the investigation conducted was inadequate and did not address the applicability of federal wiretap law to Google’s interception of emails, usernames, passwords, browsing histories and other personal information,” Rotenberg added.

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Google Ordered To Pay $660K

A Paris Court earlier this week ordered Google France and its parent company Google to pay plaintiff Bottin Cartographes 500,000 euros (about $660,000) for providing its free mapping services to companies across the country. The court also required Google to pay a 15,000 euro fine for its practice.

“We proved the illegality of (Google’s) strategy to remove its competitors,” Jean-David Scemmama, attorney for Bottin Cartographes, a company that provides mapping services to the enterprise, told the AFP in an interview earlier this week. “The court recognized the unfair and abusive character of the methods used and allocated Bottin Cartographes all it claimed. This is the first time Google has been convicted for its Google Maps application.”

According to Scemmama, Bottin has been arguing its case against Google for two years, claiming the search giant was engaging in anticompetitive practices by using its free service to take control over the online-mapping industry.

In a statement to the AFP, Google said that it will appeal the court’s decision, adding that Google Maps is still facing competition in that market.

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Will Samsung Overtake Apple

Yesterday, DigiTimes released its comprehensive Global Smartphone Industry 2012 forecast report, which entails the total number of global smartphone shipments in 2011 along with estimates of smartphone manufacturer ranking by volume in 2012.

According to the report, global smartphone shipments are projected to top 464 million units in the entirety of 2011, with Apple being the top ranking vendor in terms of shipment volume, followed by Samsung Electronics and Nokia. On the Google Android side of matters, it is expected that Samsung will overtake Apple in 2012 as the “world’s largest smartphone vendor by volume.” In addition, HTC will overtake Nokia for the third-place spot.

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Ericsson Seeking To Cash In On Patents

As wireless access is added to new types of devices, Ericsson is reorganizing its licensing department in an attempt to generate more revenue from its patents, the company said on Thursday.

The Swedish telecommunication vendor’s CEO Hans Vestberg wants to keep close tabs on the latest developments, and as part of its reorganization Ericsson’s chief intellectual property officer Kasim Alfalahi will now report directly to Vestberg.

The company’s IPR portfolio includes 27,000 granted patents. Today, any vendor that wants to use cellular connectivity in its products needs a license from Ericsson, which is offered under so-called fair, reasonable and non-discriminatory terms.

Licensing patents under those terms should be fairly straightforward. But that isn’t always the case; in the Netherlands Samsung and Apple, as part of their global legal battle, are arguing in court over what fair and reasonable means.

Ericsson has largely stayed out of the telecom legal battles, but announced it had sued ZTE, which then counter-sued, in April last year. The case is still pending, according an Ericsson spokeswoman.

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Apple Helps Samsung Sell Tablets

Samsung has thanked Apple for the free advertising for its Galaxy Tab created by the legal disputes between the companies.

Tyler McGee, VP of telecommunications at Samsung Australia, said that Apple had made Samsung’s tablet computer “a household name”, which the firm believes is more than it could have managed with its marketing alone, according to the Sydney Morning Herald.

This ironic twist of fate means that instead of slowing Samsung down and keeping its products off the market, Apple has inadvertently created a lot of buzz for those devices, which is now paying off with high demand as the Galaxy Tab returns to shop shelves in Australia.

Samsung has shipped a significant volume of tablets to Australia in time for the 16 December launch, perfect timing for the busy Christmas shopping period. However, McGee warned that demand is higher than supply, suggesting that there will be shortages of the device.

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Yahoo Wins Major Lawsuit

Yahoo has achieved a big victory against spammers, a legal victory that also includes a default judgment of $610 million.

In the lawsuit, filed in May 2008, Yahoo targeted a variety of individuals and companies, accusing them of trying to defraud people via a spam campaign that falsely informed email recipients that they had won prizes in a non-existent Yahoo-sponsored lottery.

Yahoo alleged that the defendants’ goal was to trick email recipients into providing them with personal and financial information that could be used to commit fraud by raiding victims’ bank accounts, using their credit cards and applying for loans on their behalf.

Judge Laura Taylor Swain from the U.S. District Court for the Southern District of New York ruled that Yahoo’s allegations are “uncontroverted” and said the company is entitled to $27 million in statutory damages for trademark infringement and $583 million in statutory damages for violation of the CAN-SPAM Act.

It’s not clear whether Yahoo will be able to collect the money. A default judgment is rendered when defendants in a case fail to plead or defend an action, as happened in this case, in which the defendants never responded to Yahoo’s complaint.

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at&t Vows To Continue Quest

AT&T Inc plans to forge ahead with its deal to acquire Deutsche Telekom’s U.S. wireless unit despite regulatory opposition, and it has the financial resources to close the acquisition quickly, a top executive said on Wednesday.

“We continue to move forward with our efforts to complete the T-Mobile transaction…and we will continue to pursue the sale,” AT&T Chief Financial Officer John Stephens said at the UBS media conference in New York.

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