The International Trade Administration has issued its preliminary results of the following antidumping duty administrative and new shipper reviews:
Adult publisher Perfect 10 suffered a pair of unfavorable appeals rulings Monday. The Supreme Court denied cert. in Perfect 10 v. CCBill, a case against credit-card processors for Web sites that were illegally hosting Perfect 10’s nude images. The 9th U.S. Circuit Court of Appeals had upheld a broad grant of immunity for service providers under the Communications Decency Act, which would preempt state intellectual-property law claims by Perfect 10 and others (WID June 1 p6). The Supreme Court action practically nullifies the right of publicity in state law, Perfect 10 President Norm Zada told us. “The celebrities don’t realize what just happened,” and will have great difficulty preventing the unauthorized commercial use of their names on the Internet, he said. The 9th Circuit Monday amended its May ruling in Perfect 10 v. Google, which found that Google could create thumbnails of infringing images because they were “transformative” but said Google may be liable for linking to infringing images themselves (WID May 17 p1). That case was remanded to a district court in Los Angeles. The appeals court reinstated a “potential cause of action” against Google by saying the search company had the burden of proof to show that its thumbnails constituted fair use, and that it must remove infringing material when notified, Zada said. But the ruling is actually “somewhat worse for us,” because the court also said Google was likely to prevail on its fair-use defense, he said. The 9th Circuit panel wasn’t swayed by screenshots that Perfect 10 submitted last month, in which Google searches for Perfect 10 models returned “bestiality images right next to our models.” “In retrospect I wish I had never filed” a motion for preliminary injunction against Google, in light of the ruling, Zada said. His business has largely shut down -- the print Perfect 10 closed and the Web component is struggling for subscriptions and mobile downloads because of Google-enabled infringement, Zada said. He still believes Perfect 10 will win at trial, but “it’s going to be too late” for his business. Every new court order before trial starts will delay the case further, he said. Zada has spent $15 million in litigation. “I can see that people who are playing by the rules are losing big time.” We couldn’t reach Google right away for comment.
The International Trade Administration has made a preliminary affirmative countervailing duty determination that countervailable subsidies are being provided to producers and exporters of laminated woven sacks (LWS) from China.
The International Trade Administration has issued a notice stating that it is postponing the preliminary antidumping duty determination on laminated woven sacks from China by 50 days to January 24, 2008.
The International Trade Administration has made a preliminary affirmative countervailing duty determination that countervailable subsidies are being provided to producers and exporters of light-walled rectangular pipe and tube (LWRP) from China.
The International Trade Administration has issued the final results of its antidumping duty new shipper reviews of brake rotors from China for the period of April 1, 2006 through October 31, 2006.
New Games and Accessories: Its first week available, Microsoft’s Xbox 360 game Mass Effect was the top-rented videogame in the U.S., according to Rentrak’s preliminary Home Video Essentials data for the week ended Sunday. It was the only new release in the top 10. The 360 version of Activision’s Call of Duty 4: Modern Warfare -- the previous week’s No. 1 title -- slipped to No. 4 in its third week, topped by the 360 and PS2 versions of Need For Speed: ProStreet in their second week… Call of Duty 4 was the best-selling PC game in the U.S. for the week ended Nov. 17, according to NPD data. But EA dominated the top 10, topped by Crysis at No. 2. The only other game in the top 10 not from EA was Sony Online Entertainment’s EverQuest II: Rise of Kunark Expansion Pack at No. 6… Atari’s games Asteroids and Asteroids Deluxe are now available on Microsoft’s Xbox Live Arcade service. Three more Atari Classics are “coming soon” this holiday season, it said: Battlezone, Tempest and Warlords. All the Atari Classic games “support all Xbox 360 high definition resolutions up to 1080p” and digital surround sound, it said… Accessory maker ezGear introduced the 10- fret ezJam guitar for Guitar Hero II and III, which it called the “first guitar controller for both small and large hands.” The first model -- the wired ezJam S-10 -- is available for PS3 and Xbox 360 at $79.99 and comes in red, blue and pink. It includes a strum bar, tremolo bar, tilt sensor and guitar strap. It wasn’t immediately clear whether the company plans to add a wireless version to match the wireless guitars offered by Activision for Guitar Hero III.
The International Trade Administration has issued its final results of the antidumping duty administrative review of granular polytetrafluoroethylene resin from Italy for the period of August 1, 2005 through July 31, 2006.
The International Trade Administration has made final affirmative antidumping duty determinations that imports of glycine from Japan and Korea are being, or are likely to be, sold in the U.S. at less than fair value.
The International Trade Administration has self-initiated an antidumping duty changed circumstances review for the AD duty order on certain pasta from Italy, which was revoked with respect to Pasta Lensi S.r.l. (Lensi), effective July 1, 2003.