Michael Palmedo mpalmedo at wcl.american.edu
Mon May 9 10:40:31 PDT 2011

USTR Releases Special 301 Report 

On Monday May 2, USTR published the 2011 Special 301 Report, available
here <http://www.ustr.gov/webfm_send/2841> .  After examining 77
countries, it included 12 on the Priority Watch List, 28 on the Watch
list, and under "Section 306 monitoring."  Most of the countries in this
year's Special 301 Report have been regularly included in previous ones.
For the first time, USTR invites countries to "negotiate a mutually
agreed action plan" that would eventually lead to their removal from
future reports. USTR included a very brief section on best practices,
which highlighted 1) "improved cooperation and stakeholder engagement"
in the instance of legislative and regulatory change, 2) "efforts to
tackle new challenges in IPR protection and enforcement," and 3) "active
participation of government officials in capacity building efforts and
training." Initial reactions from public interest groups generally found
that the 2011 report was similar to previous ones, and that it did not
seem to reflect input from civil society.  Click here for more.

CBS and CNET Sued for Distributing LimeWire

Alki David, founder of the streaming service FilmOn.com, and a
collection of musicians have sued CNET and its parent company, CBS
Interactive, for distributing LimeWire and other peer-to-peer (P2P) file
sharing systems.  The lawsuit, filed May 3, claims that "The CBS
defendants have been the main distributor of LimeWire software and have
promoted this and other P2P systems in order to directly profit from
wide-scale copyright infringement.  Internet users have downloaded more
than 220 million copies of LimeWire software from the CBS defendants'
website, found at download.com since 2008.  This consisted 95 percent or
more of all copies of LimeWire that were downloaded until LimeWire was
shut down by Court Order."  The lawsuit also describes how CBS profited
from distribution of free P2P and how CNET featured instructional
articles that helped internet users infringe copyrights.  Click here for
more. <http://infojustice.org/archives/3370>  

Judge Rejects USTR Claim That Negotiating Position in FTAA Investment
Chapter Is Exempt from FOIA

U.S. Judge Richard W. Roberts has ruled that USTR cannot withhold trade
negotiating documents from a FOIA request due to national security
concerns.  Krista Cox writes in the KEI blog that "USTR had claimed that
disclosure of one document would breach a non-disclosure agreement, harm
US national security interests and damage foreign relations," but
Roberts did not find the arguments persuasive.  Click here for Cox's
blog <http://keionline.org/node/1122> .

Judge Will Not Let Content Owner Subpoena ISPs to Identify People by IP

VPR International, a Canadian content producer, has filed a complaint
against 1,017 Doe defendants for distributing its copyrighted material
online.  The Doe defendants are identified only by their IP addresses,
and VPR sought an order from the court allowing it to subpoena their
internet service providers for the "subscriber and location associated
with each IP address."  U.S. District Judge denied this, noting that "an
IP address might actually identify an individual subscriber and address,
[but] the correlation is far from perfect... The infringer might be the
subscriber, someone in the subscriber's household, a visitor with her
laptop, or someone parked on the street at any given moment."  Click
here for more. <http://infojustice.org/archives/3385>  


*	May 9-13 - Intergovernmental Committee on IP and Genetic
Resources, Traditional Knowledge and Folklore (WIPO)
*	May 10 - EC Directorate-General for Trade Public Hearing on the
Enforcement of Intellectual Property in Third Countries.
*	May 10 - Intellectual Property Enforcement: Where Does the Law
Need to be Updated? <http://ipbreakfast.eventbrite.com/>  
*	May 11-13 - World Customs Organization meeting in Seattle.
*	May 12 - Intellectual Property, Economic Empowerment, and Social
Justice: A Policy Briefing on IP Law Development and Enforcement and the
Impact on Minority Communities.
*	May 16-20 - Standing Committee on the Law of Patents (WIPO)
*	May 20 - Deadline for submitting comments to Brazilian
government on the Copyright Reform Legislation
*	June 7-8 - WTO TRIPS Council

Click here for a calendar of upcoming events




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