A federal judge in Manhattan ruled yesterday that Apple colluded with five U.S. publishers in 2010 to drive up the prices of e-books. The decision threatens to limit Apple’s options when negotiating future content deals and potentially exposes the company to additional investigation of its other business practices. The decision to go to trial was considered a significant risk for Apple since the publishers, after denying any wrongdoing, had already settled similar charges. Continue reading Federal Judge Rules that Apple Colluded on E-Book Pricing

Hollywood studios are reexamining traditional distribution models in an era of piracy enabled by digital technologies. Today’s media savvy consumers have evolving expectations regarding how they discover and share music, video content and games, thanks in part to new cloud-based technologies, streaming media services and sophisticated social tools. Some media companies are even considering the idea that models popular with pirates are worth imitating. Continue reading Shift in Consumer Demand: Should Studios Emulate Pirates?

The newly revamped social service Myspace continues to attract an audience following its debut — with 31 million visitors and 995,000 app downloads reported in its first 14 days. It has also redesigned its mobile app and is launching a major marketing campaign to target millennials, with their music tastes and interests in mind. However, the service may still need to address issues related to offering unlicensed content from independent labels. Continue reading Redesigned Myspace Continues to Build Millennial Audience

Video game “re-stream” is a popular video genre on YouTube where gamers post recorded video of their gameplay, sometimes accompanied by voice-over commentary. One of the most popular channels is Machinima, which is looking to transform itself from a YouTube channel with billions of monthly views to a real media company. It may be the future of television, so long as Machinima, and others like it, can overcome copyright issues and create a sustainable model. Continue reading Machinima Looks to Turn Game Re-Streams into Big Business

In an effort to help curb frivolous lawsuits initiated by patent assertion entities (also called “trolls”), the U.S. International Trade Commission (ITC) says it will require some companies to prove they have a significant domestic presence. As part of the commission’s new pilot program, six administrative judges will determine within 100 days whether or not companies that file infringement suits do in fact have the necessary U.S. production, research or licensing credentials. Continue reading Trade Commission Pilot Program Aims to Curb Patent Trolls

According to U.S. Intellectual Property Enforcement Coordinator Victoria Espinel, the administration has outlined a number of action items for the coming year that include improvements to transparency in IP policymaking, international negotiations, law enforcement communication with IP stakeholders, and education regarding fair use. The annual report also examines technology such as mobile apps, 3D printing and IP-compliant software. Continue reading Government Report Outlines New Plans for IP Enforcement

Edith Ramirez, chair of the Federal Trade Commission, presented her recommendation for an investigation into the practices of “patent trolls” yesterday during a patent and antitrust seminar in Washington. Ramirez is calling for the FTC to use its subpoena power to launch a sweeping inquiry into patent-assertion entities (PAE’s, or patent trolls), which are known for purchasing bundles of patents in order to threaten infringement lawsuits. Continue reading FTC Chair Proposes Inquiry into Impact of Patent Trolls

Clear Channel, which owns the iHeartRadio online music service and about 800 radio stations, announced this week that it will pay Fleetwood Mac a percentage of radio-advertising revenue in exchange for playing the band’s newest music via online services. As Internet radio and subscription services impact the music business, Clear Channel has initiated deals with labels for digital use of music in exchange for a share of airplay revenue. Fleetwood Mac is the first to close such a deal directly. Continue reading Fleetwood Mac and Clear Channel Agree on Revenue-Sharing

According to a secret document obtained by The Washington Post, the National Security Agency and the FBI are accessing the central servers of nine U.S. Internet companies through a program code-named PRISM. The agencies are reportedly tracking chats, images, emails, documents and connection logs that assist analysts in identifying foreign threats. The federal government defends the program, while some civil liberties proponents are skeptical. Continue reading Government Defends NSA Program that Collects Phone Data

White House Press Secretary Jay Carney described President Obama’s newly proposed patent policy yesterday during the daily press briefing. The administration introduced a package of executive orders and recommended legislation that takes aim at patent trolls. Technology companies have expressed early support for measures that they hope will help curb the growing onslaught of lawsuits negatively affecting innovation. Continue reading Tech Companies Support Federal Move Against Patent Trolls

Samsung won a largely unexpected legal victory against Apple yesterday that could potentially stop the sale of early model iPhones and iPads. The U.S. International Trade Commission, which has jurisdiction over certain trade practices, ruled that Apple violated a Samsung patent related to tech used to send data over wireless networks. Devices in question include the iPhone 4, iPhone 3GS, iPad 3G, iPad 2 3G and iPad 3 (the more current iPhone 5 and fourth-generation iPad were unaffected). Continue reading ITC Ruling Favors Samsung, Could Impact Apple Products

According to a federal appeals court ruling, cable provider Comcast is under no legal obligation to offer the independently-owned Tennis Channel as widely as its own sports networks, which could be disappointing news for smaller cable channels in search of viewers. The three-judge panel of the U.S. Court of Appeals for the District of Columbia stated the Tennis Channel failed to prove that Comcast did not have business reasons for pushing the channel to a lesser tier. Continue reading Court Rules Comcast Does Not Have to Carry Tennis Channel

Fox, NBC, ABC and Allbritton Communications have filed a lawsuit in U.S. District Court in Washington against Aereokiller, to block the streaming startup from expanding its service to the nation’s capital. Founded by FilmOn’s Alki David, Aereokiller gets its name from Barry Diller-backed Aereo. Last week we reported that David agreed to change his company name in order to settle a trademark infringement lawsuit filed by Aereo. Continue reading Broadcast Networks Hope to Stop Aereokiller DC Expansion

Major phone companies have begun selling data related to their subscribers’ locations, travels, interests and Web browsing habits. The availability of such data provides a long-anticipated and powerful tool for marketers, but not surprisingly raises a number of privacy concerns. Mining data for profit marks a shift in the relationship between carriers and subscribers, similar to what is typically expected today with services such as Google and Facebook. Continue reading Phone Companies Begin Selling Customer Data to Marketers

Amazon announced Kindle Worlds yesterday, a digital publishing platform that enables fan fiction authors to publish under official licenses and receive royalties. The current deal is limited to “Gossip Girl,” “Pretty Little Liars” and “The Vampire Diaries” from Warner Bros. Television Group’s Alloy Entertainment, but Amazon promises licenses for more Worlds in the future. Stories will be made available via Amazon.com, Kindle devices, iOS, Android and Kindle Free Reading apps. Continue reading Kindle Worlds: Amazon Debuts Fan Fiction Publishing Platform