Tag Archives: appeals
Apple’s App Store appeals process is now open for developers
YouTube’s appeal process is largely ineffective
Court says data swept up by the NSA is protected by the Fourth Amendment
Instagram will soon let you appeal post takedowns
Texas court rules 2015 revenge porn law is unconstitutional
YouTube clarifies how much cash its creators can make
YouTube scales back automatic Content ID takedowns, improves appeals process
In the last several years Google has become quick to respond to complaints of copyright infringement. Unfortunately, its record in dealing with unfounded claims (specifically on YouTube) is a bit mixed. In particular the process for appealing a Content ID takedown has left many users frustrated and with little recourse in the event of a rejected dispute. And its the content owners themselves who make that decision. Starting today, even if a dispute is rejected, users can file an appeal that leaves a content owner with one of two choices -- recind the complaint or file a proper DMCA takedown notice. To minimize the amount of appeals and disputes Google is also launching an improved Content ID algorithm that identifies potentially invalid claims and places them in a queue to be reviewed manually before takedowns are issued. For more, check out the source.
YouTube scales back automatic Content ID takedowns, improves appeals process originally appeared on Engadget on Wed, 03 Oct 2012 19:43:00 EDT. Please see our terms for use of feeds.
Permalink | | Email this | CommentsApple files (again) for a preliminary ban against the Samsung Galaxy Tab 10.1
If you found yourself longing for the minor tweaks Samsung made to the Galaxy Tab 10.1 in Germany earlier this year, you may be in luck: Apple's filed for a preliminary injunction against the slate stateside. It isn't the first one, either, Cupertino filed something similar back in February, though it didn't quite pass legal muster. After gaining some headway earlier this week, Cook's crew is in for round two, according to FOSS Patents, asking for Judge Koh to rule in their favor without a new hearing. Concerned consumers, however, can sidestep the whole mess by simply opting for an injunction-exempt Galaxy Tab 2. Details and speculation can be found at the source link below, just in case you aren't already sick to death of the whole Samsung / Apple spat.
Apple files (again) for a preliminary ban against the Samsung Galaxy Tab 10.1 originally appeared on Engadget on Sat, 19 May 2012 02:29:00 EDT. Please see our terms for use of feeds.
Permalink | | Email this | CommentsApple gets another bite, wins appeal to pursue preliminary injunction against Samsung
We'll forgive you if you've forgotten, given the myriad Apple/Samsung legal shenanigans, but back in February, Apple attempted to obtain a preliminary injunction against Samsung to prevent the Galaxy Tab 10.1 and a few phones from being sold in the US. Samsung emerged victorious, as the district court denied Cupertino's request because it questioned the validity of a couple of Apple's patents and didn't see how Apple would be irreparably harmed if it failed to get Sammy's products banned. Naturally, Tim Cook's crew appealed that decision, and the Court of Appeals for the Federal Circuit (CAFC) has decided to give Apple another crack at obtaining an injunction. The CAFC upheld the lower court's ruling as to three of the four patents, but found fault with the District Court's holding that Apple's tablet design patent had substantial questions of validity.
Essentially, the lower court held that Apple's patent was likely no good because it was an obvious design in light of two tablets that were created long before Apple patented the iPad's look. However, the CAFC found that one of the previous slate's asymmetrical bezel and lack of an unbroken, all-glass surface (among other differences) were sufficient to render Apple's patent non-obvious. Basically, the appellate court found that the District court "construed the claimed design too broadly," and remanded the issue so that the district court could complete its preliminary injunction analysis. So, Apple's cleared a big hurdle towards getting the Galaxy Tab 10.1 off the US market, but the company's still got to persuade Judge Koh that it'll be irreparably harmed without the injunction. This decision assures even longer legal proceedings, but given how well both of these tech titans are doing these days, we're pretty sure they can afford the attorneys' fees.
Apple gets another bite, wins appeal to pursue preliminary injunction against Samsung originally appeared on Engadget on Mon, 14 May 2012 13:58:00 EDT. Please see our terms for use of feeds.
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