A new legal article, entitled “An Antitrust Analysis of Google’s Proposed Acquisition of DoubleClick” takes a look at the relevant product markets necessary to evaluate the potential merger. Proponents of the acquisition argue that the two firms do not compete because Google primarily provides search and text based advertising, while Doubleclick provides graphic-based advertising. Thus, the merger Read More
Online Gambling Bill Challenged
The Unlawful Internet Gambling Enforcement Act (UIGEA), a bill passed last year in an 11th hour port security bill, is being challenged as unconstitutional by a gambling trade group. The federal government is arguing for UIGEA’s constitutionality, holding that Congress has the right to make such laws to regulate interstate commerce. Despite already missing its deadline to provide Read More
Patent Wars: Tech v. Drugs
An article on the increasing lobbying pressure for patent reform provides a nice explanation of the “different sides of the aisle” when it comes to patent reform. On one side are pharmaceutical firms that prefer substantial penalties and roadblocks for patent infringers. The other side typically consists of technology firms that want fewer patent protections and less damages when infringement occurs. The Read More
OpenOffice Adds Clout of IBM
OpenOffice.org recently announced that IBM will be joining the open source project to collaborate on the development of OpenOffice software. IBM will make initial code contributions that it has been developing as part of its Lotus Notes product, including accessibility enhancements, and will be making ongoing contributions to the feature richness and code quality of OpenOffice.org. IBM will also leverage Read More
Antitrust Divide Between the USA and EU
The European Commission found in 2004 that Microsoft had abused its market dominance by making it difficult for its products to interoperate with those of its rivals. Specifically, Microsoft’s tying of the Windows Media Player to the Windows operating system attracted the ire of the EU. The Commission ordered Microsoft to offer a version of Windows without the Media Player and also fined Microsoft $613 Read More
Evolution of Software Antitrust
The antitrust decree issued against Microsoft in 2002 is schedule to expire in November of 2007. Several states and the District of Columbia are attempting to extend the decree beyond its current expiration date, to 2012. The states argue that the decree has not been effective in reducing Microsoft's market share. Microsoft opposes any extension, arguing that the decree has nothing to do with market Read More
Effects of Identity Theft on P2P
In a first, the Justice Department has arrested a man for committing identity theft on a peer to peer (P2P) network. The accused, a Seattle man, used the P2P service to search for sensitive documents that were unwittingly shared by other users. While the victims were likely searching for movies or music to download the accused man was searching for tax returns and other sensitive information that would Read More
New Patent Reform Gaining Ground
The House recently passed legislation that would lead to new reforms in determining ownership of patents. The legislation is intended to reduce patent litigation, which often turns on the identity of the innovator. Lawmakers are attempting to change the method via which courts determine the owner of a patent. Presently, the "true owner" of a patent is determined by identifying the first to invent. Read More
Copyright Suits Deemed Failures
The Electronic Frontier Foundation (EFF) has declared that RIAA copyright lawsuits against peer to peer (P2P) network users are failures. The EFF argues that P2P networks continue to grow, and that the lawsuits targeted at users that download music and other material impose unfair burdens on a few users, while thousands of others continue to use such networks unfettered. EFF argues that the appropriate policy is to Read More
Wal Mart Begins Selling DRM Free Music
As CyberLawg previously discussed the dominant iTunes is beginning to see substantial competition buoyed by Apple’s restrictive digital rights management (DRM) on its downloads. The newest competitor is Wal-Mart, which has the power to redefine a market based on its massive retailing power. The retail giant has announced that it will begin selling music online that is DRM free for much less than Read More
