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(You
MAY need the FREE QuickTime
plug-in to view and hear s90tv) top top top top top • 102 / Internet TODAY'S
PUZZLE? This
Week's
Cover
Dear Editor LookRadio • 120
PIXELS 3 columns Part
02
/
"This is a
real setback for Apple and other Secret Keepers,"
said a person close to the matter, "but it's not a
business model threat or anything close to
it.". GOOGLE
NOW CHARGES FOR ITS AD SERVICE to Perfect 10! - SEE
MORE STORY 3.
Editor's Note
/ An Analogy. 'Patent troll'
is an extremely unfortunate term," says Mr.
Hosteny. He points out that the term was originally
used to refer to companies that buy up patents for
the sole purpose of suing other companies for
infringing those patents. "The problem is that the
use of the term has gotten out of hand, especially
with the publicity surrounding both the Patent
Reform Act of 2005 and the Blackberry lawsuit. As a
result of all this negative publicity, the public
is
confused." More
Articles • Converging
News 222006 / TeleCom BuyOuts, Spinoffs and Asset
Seizure Boom •
Sergey
Brin - Co-Founder of
Google Respectfully
Submitted top top top 40 40+110+570=720
- 102 smart90.com/tvimagazine/2006/22006/106NewsLeaksAppleGoogle.htm/
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•••••••••
1.
Feature Story /
Court Bars Apple From Getting Web
Reporters'
Data
Hong
Kong
Triad
/
"Jockey Club"
RadioPlayMusic
•
•
22 Week 2006 / HOW CAN THIS
happen in America? If I plunk down my hard-earned
entertainment dollars to read about Apple, it's got
to at least have something to do with the Apple,
right? Therefore, somebody must have had some
connection to "MacIntosh," "MacIntosh," or "iTunes,
right?
•
•
Right! So . . . earlier this
month, and on Friday, May 26th, 2006, an appeals
court ruled in favor of the reader. Apple Computer
Inc. can't use subpoenas to learn where online
journalists get information on company products,
and the Beatle Company can not charge Apple for
selling
iTunes.
•
•
Online publishers and well
as writers are protected by Federal and
California's shield laws for reporters as well as
by the 1st Amendment, the California Court of
Appeal in San Jose ruled, reversing a lower court
decision.
•
•
Apple subpoenaed the e-mail
provider of Jason O'Grady, publisher of O'Grady's
PowerPage, an Internet site that posted information
in 2004 about an unreleased Apple
product.
•
•
Accourding to Bloomberg
News, the ruling establishes that Web reporters
have the same right to protect the confidentially
of sources as other reporters, according to the
Electronic Frontier
Foundation.
•
•
Apple argued that O'Grady
posted trade secrets stolen from the company, and
that the company's need to learn the identity of
the thieves trumped the state's shield law. The
court disagreed, saying the law "is intended to
protect the gathering and dissemination of news,
and that is what petitioners did
here."
•
•
The ruling overturned a
March 2005 ruling that Apple could subpoena two
online news sites, the e-mail service provider for
O'Grady and the publisher of a third website to
find out the source of the leak.
•••
Nonetheless,
the case demonstrates how technological change is
outpacing the law, take the Google case a few
months ago, in regards to search engines that want
to be of service to business men, "FREE."
•••
Google in
particular, who has given it's service "FREE" to
every living soul with a computer, has tiptoed the
line separating the "fair use" of copyrighted
material and copyright infringement. The Internet
giant has sometimes upset copyright holders, most
recently getting sued by book publishers for making
digital copies of books.
•••
In the U.S.
District Judge A. Howard Matz in Los Angeles ruling
in February 22, 2006, Perfect 10 vs. Google, Google
was allowed to block Perfect 10 images from its
searches, without repercussions.
•••
The ruling
"narrows the concept of fair use for search
engines, but it also points out how variable that
doctrine is and how little certainty a company has
in relying on it," Pulgram said. "Google did what
everyone thought was legal."
•••
Google
appeared poised to win a key part of the lawsuit,
Matz said Google differed from file-sharing
networks that encourage copyright infringement and
called it unlikely that Perfect 10 would win its
broader claim. The judge said he would deny its
request for a preliminary injunction over that
claim.
•••
Had Judge
Matz ruled differently on that point, "a huge part
of the World Wide Web would be suddenly vulnerable
to legal attack," said Fred von Lohmann, an
attorney for the Electronic Frontier
Foundation.
•••
Google
lawyer Michael Kwun said the company was
"disappointed with portions of the ruling" but said
any preliminary injunction would affect only
searches related to Perfect 10.
•••
Matz upheld
previous rulings that displaying small copies of
photographs is not a direct copyright
infringement.
•••
In an
earlier case, the courts found that search engines
could display full images as a "fair use" because
these digital images didn't replace the market for
the photographer's pictures.
•••
In the
Google case, a key issue was whether images
displayed in search results would substitute for an
existing market.
•••
The suit
helped Perfect 10 get "FREE PR and business."
Several months after it sued Google, Beverly
Hills-based Perfect 10 struck a deal with Fonestarz
Media in Britain to sell small, low-quality
photographs -- similar to ones found on Google --
for display on cellphones. The images that had been
considered a "fair use" became a replacement for
the product Perfect 10 was selling.
•
•
The reason Mr. Hosteny is
troubled by the term, "patent troll," is that he
believes it is unfair to independent inventors,
many of whom -- because they themselves don't
actually market their products -- are now being
called "trolls." "The truth is, these independent
inventors -- like the examples I cite in my article
-- started out with winning ideas they sincerely
wanted to see marketed. They simply didn't have the
finances to market their ideas on their own, so
they shared them with larger companies, in hopes
that the large companies would produce the
products. Unfortunately, these large corporations
often went on to steal the inventors' ideas and
market products based on those ideas as their own
-- without giving credit or money to the poor
inventor."
•
Larry
Page - Co-Founder of Google
Google
VideoAds
Josie
Cory
Publisher/Editor
TVI Magazine
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• TVI
Magazine, tviNews.net, YES90, Your Easy Search,
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VRA's D-Diaries, Industry Press Releases, They Said
It, SmartSearch, and Wikipedia, the free
encyclopedia were used in compiling and
ascertaining this Yes90 news
report.
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tviNews S90 106
Court ruling says that Web reporters can keep their
News sources "Secret", as other reporters; Apple
vs. O'Grady. Perfect10 vs Google / Perfecting
Google and KudoAds, Electronic Frontier
Foundation
/
Feature
Story / • 106NewsLeaksAppleGoogle.htm
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