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I wrote an article that, in part, explained the SCO v. IBM lawsuit up to that point in time. That wouldn’t have been necessary had this history of SCO been around. Too funny.

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Earlier this week the 9th Circuit released an amended opinion in Kahle v. Gonzalez and denied the motion for rehearing en banc. The 9th Circuit saw it as an attempt to relitigate Eldred v. Ashcroft, which I would argue is not accurate, but I think this does not bode well for getting the Supreme Court to grant certiorari.

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The 9th Circuit put some limits on immunity under section 230 of the CDA in Fair Housing Council v. Roommates.com, LLC. Read this analysis.

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Then, in a decision that gets far more right than I expected, the 9th Circuit found, among other things, that Google’s image search can make use of thumbnails as a fair use (in the inaptly named) Perfect 10, Inc. v. Amazon, Inc., so named because Perfect 10 also sued Amazon on similar grounds and the cases were consolidated. Read this analysis.

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The Supreme Court of the United States has just handed down two important patent rulings that could be especially relevant for software and technology companies. In a ruling that alters the analysis of when a patent is obvious the Supreme Court found that lower courts had too rigidly interpreted the requirements for finding a patent obvious, allowing some bad patents to slip through. (Read full opinion.) In a separate opinion the Court addressed part of the U.S. patent law that prevents companies from getting around a patent by shipping the components of the patented invention from the U.S. to a foreign country for assembly and sale. The Court found that supplying software to a foreign country for sale therein did not constitute a “component” of a patented invention and hence was not prohibited. This was a victory for Microsoft who had been accused of violating an AT&T patent simply on the basis of shipping Windows to foreign countries. Regardless of one’s usual feelings about the world’s largest software company, enforcing limits on the extra-territorial application of U.S. patent law, especially in the software context, is generally a good thing for innovation. If the first ruling results in more software patent applications being deemed “obvious” then that could be even better. Read analyses of the Microsoft and the obviousness rulings.