Monthly Archives: May 2013

International Trade Commission Held That Xbox Did Not Violate Patent Of Motorola Mobility

International Trade Commission Held That Xbox Did Not Violate Patent Of Motorola MobilityIt seems the intellectual property war among and of companies in United States is getting more and steamier. Recently the International Trade Commission (ITC) held that Apple did not violate Google’s patent. Mozilla had also issued a cease and desist notice to Gamma International for maliciously using its brand and reputation. Kim Dotcom has also accused Google, Facebook, Twitter, etc of violating his two step authentication patent.

Now it has been reported that Microsoft has won the initial battle from Google as the ITC has held that Microsoft’s Xbox entertainment system did not violate a patent owned by Google subsidiary Motorola Mobility. An adverse observation could have created lots of troubles for Microsoft as it could not have imported Xbox into the United States.

It is not a case that only U.S. companies are fighting for protecting and enforcing their intellectual property rights. Recently, the Japanese company Kawasaki Heavy Industries (KHI) accused Chinese company CSR Sifang of stealing its Shinkansen Bullet Trains. Similarly, the U.K. Supreme Court has held that simply because a cache is created by accessing a copyrighted work, it does not mean that the use accessing the same is violating the copyright.

However, in U.S. IP is taken very seriously. In fact, a proposed U.S. legislation would target companies using stolen intellectual property of U.S. In the present case, the tussle over the Xbox is related to a larger smartphone patent war between Apple, Microsoft and the mobile phone makers who use Google’s Android software, including Motorola Mobility.

The present complaint was filed by Motorola Mobility in the year 2010 accusing Microsoft of infringing upon five patents. However, subsequently four patent violation claims were dropped and only one claim remained on the book. This claim pertained to the ability to allow devices to communicate wirelessly over short distances.

Microsoft is happy with the decision as it has been maintaining that Google had no grounds to block its products. Motorola is disappointed with this decision and is evaluating its options.

Kim Dotcom Accuses Google, Facebook, Twitter Etc of Violating His Two Step Authentication Patent

Kim Dotcom Accuses Google, Facebook, Twitter Etc of Violating His Two Step Authentication PatentCyber security has become an important consideration for individuals and organisations alike. These days’ data thefts, confidential information thefts and trade secrets misappropriations are on rise and companies owning precious intellectual property rights are very particular in protecting the same.

In real and offline world the IP can be closely safeguarded. However, in cyberspace the protection of IP and confidential information requires extra and cumbersome efforts. Initially it was thought that a password would allow only the legitimate individual and organisation to access the confidential information.

However, with the growing cyber crimes and cyber attacks, this single authentication mechanism has failed to cope up with the contemporary IP protections. In order to protect the intangible properties more appropriately, the two step verification or authentication method was suggested. In the two step verification process besides the normal password another login criterion is required to be satisfied before access is granted to an individual or organisation.

Recently, many companies providing online services rolled out the two factor authentication procedure. This has attracted unexpected attention of Kim Dotcom who claimed that these companies have violated his patent rights as he claims to have invented the security feature. Kim refers to his patent dating back to 1997 as proof for his claim, and accuses companies including Google, Facebook, and Twitter of infringing his intellectual property rights.

Kim says that initially he did not prefer to sue these companies as he believes in sharing knowledge and ideas for the good of society. But now he may sue these companies as the bitter experience of seizure/confiscation of his website by U.S. government is still fresh in his memories. This polite threat is followed by a plea to the named companies for financial support in Dotcom’s ongoing fight against extradition to the U.S.

Mozilla Issued Cease And Desist Notice To Gamma International For Maliciously Using Its Brand and Reputation

Mozilla Issued Cease And Desist Notice To Gamma International For Maliciously Using Its Brand and ReputationE-surveillance can result in trademark infringement and brand violation. This sounds strange but recently this sort if case come to our knowledge. A report provided by Citizen Lab has disclosed this bizarre and criminal violation of Mozilla Firefox’s trademark and rights.

Media Law has discovered that commercial Spyware manufacturer Gamma International has been engaging in unethical behaviour by disguising and using its malware as Mozilla Firefox software. Naturally, users seeing the Mozilla Firefox files would neither doubt the integrity of that malicious file nor would they care to do a virus or malware scan upon assumed white listed and trusted software and its corresponding files.

This way the malware can remain undetected and it can keep on functioning illegally and unnoticed. The Spyware is known as FinFisher that has been openly abused by draconian and repressive governments around the world. These incidences reaffirm the commitment to ensure civil liberties protection in cyberspace.

Reacting sharply, Mozilla Firefox had sent Gamma a cease and desist letter demanding that these illegal practices stop immediately. Mozilla said that it cannot abide a software company using its name to disguise online surveillance tools that can be – and in several cases actually have been – used by Gamma’s customers to violate citizens’ human rights and online privacy.

The malware does not affect Firefox itself, either during the installation process or when it is operating covertly on a person’s computer or mobile device. Gamma’s software is entirely separate, and only uses Mozilla’s brand and trademarks to lie and mislead as one of its methods for avoiding detection and deletion.

To avoid detection from anti virus and anti malware softwares, Gamma misrepresents its program as “Firefox.exe” and includes the properties associated with Firefox along with a version number and copyright and trademark claims attributed to Firefox and Mozilla Developers. For an expert user who examines the underlying code of the installed spyware, Gamma includes verbatim the assembly manifest from Firefox software. This way it could remain undetected and keep on operating at the user’s computer.

This is a serious issue and Mozilla should take strict action against all those who are abusing its trademark and name to deliver malware. It is not only the legal but also the moral responsibility of Mozilla to keep its users safe from such malware and illegal and deceptive uses.