Slashdot Mirror

paro12 and i_like_spam informed us of a 5-4 decision by the US Supreme Court which abandons a 96-year-old ban on manufacturers and retailers setting price floors for products. The Slashdot community discussed the issue when the case was argued back in March. The ruling means that anti-competitive complaints based on price-fixing will have to be argued case-by-case and will be harder to prove. Discounts and discounters in all venues may be under pressure, with internet sales possibly the hardest hit. "Importantly, this case points a dagger at the heart of the most consumer-friendly aspects of the Internet. The Internet has shifted power to the consumer in two ways. First, it allows consumers to search for and gather information in a cost-effective, efficient manner. Second, it provides a low-cost means of retailing, making it easy for discounters to offer products to the public. This combination squeezes excess profits and inefficiencies out of product prices. Retail price maintenance seeks to short circuit this extremely consumer friendly process. By setting minimum prices, manufacturers can build in excess margins for themselves and for their favored retailers -- prices that consumers have no choice but to pay."

An anonymous reader writes "If you own a mom & pop store and can't get rid of some of your inventory, you can always clear out some shelf space by holding a sale. If the Supreme Court sides with business interests in a case they heard today, however, such sales may no longer be possible. Since 1911 it has been illegal for manufacturers to force retailers into setting a price floor for products — individual retailers get to decide how much they sell products for. But today the Supreme Court heard oral arguments in a case seeking to overturn this longstanding rule. Should the Court do so, it would drive up consumer prices across the board. This case is particularly salient in the era of Internet shopping: consumers are now easily able to shop around to multiple retailers to find the best price. The Court could wipe out this advantage." From the article: "Should the Court abandon the... rule against minimum resale price maintenance... it would send a signal that the Roberts Court will continue to narrow the application of the antitrust laws and that the Court may disregard settled precedent and Congressional will in other areas of the law as well."

An anonymous reader writes "Suppose a commenter posts a libelous comment here at Slashdot. Can Slashdot and its owners be sued for defamation? A federal appeals court just held that no, they cannot. The court noted that a federal law was designed to ensure that 'within broad limits, message board operators would not be held responsible for the postings made by others on that board,' adding that, were the law otherwise, it would have an 'obvious chilling effect' on blogger speech."

An anonymous reader writes "Current orthodoxy claims patents encourage innovation, by allowing developers to enjoy profitable monopolies on their inventions which in turn inspire them to create new inventions. A new report by the non-partisan General Accounting Office suggests that this orthodoxy is wrong — at least when drug companies are involved. According to the report, existing patent law allows drug companies to patent, and make substantial profits off of, "new" drugs which differ little from existing medicines. Given high profit margins on very minor innovations, the report argues that drug companies have little incentive to produce innovative new drugs. In other words, current patent law actually discourages drug companies from producing new medicines. Responding to the report, Senator Dick Durbin (D-IL) released a strongly worded statement suggesting that a legislative response will be forthcoming. "The findings in this new GAO report," said Senator Durbin, "raise serious questions about the pharmaceutical industry claims that there is a connection between new drug development and the soaring price of drugs already on the market. Most troubling is the notion that pharmaceutical industry profits are coming at the expense of consumers in the form of higher prices and fewer new drugs.""

An anonymous reader writes, "The United States is one of the few countries in the world whose currency isn't distinguishable by blind people. Most other nations use raised text, different-sized bills, or other methods to assist blind people in spending their money. If a recent decision by a federal court in D.C. survives appeal, however, that will soon change. Under Sec. 504 of the Rehabilitation Act, federal programs cannot deny 'meaningful access' to people with disabilities. Because blind people are unable to distinguish U.S. currency without assistance, the court held that they are denied meaningful access to their own money. U.S. District Judge James Robertson ordered the Treasury Department to come up with ways for the blind to tell bills apart. He said he wouldn't tell officials how to fix the problem, but he ordered them to begin working on it." How Appealing notes that Judge Robertson opened the door to a speedy appeal of his ruling.

An anonymous reader writes "While you might not guess it from watching late night TV, advertisements by lawyers are regulated by a web of regulations intended to protect potential clients from deceptive claims in such ads. Generally, these rules require lawyers to submit their ads to a review board, often with a filing fee paid with each new advertisement. The New York bar has proposed new rules which would define blogging as advertising. Should these rules be enacted, any New York lawyer who blogs on any legal topic in New York would be required to submit any new blog post to the New York Bar for review. For New York lawyers who write frequently updated blogs, this could force them to make multiple (and potentially expensive) reports to the New York Bar every single day."

Slashback tonight brings some clarifications and updates to previous Slashdot stories, including: The facts about Debian Iceweasel; A closer look at Folding@home's GPU client; David Brin's lament; Online gambling ban may violate international law; Human species may do whatnow?; and Another RIAA lawsuit dropped. Read on for details.

The facts about Debian Iceweasel. john-da-luthrun writes, "Debian Firefox/XULrunner maintainer Mike Hommey reports on the Firefox/Iceweasel wrangle, correcting various assertions that have been made in the assorted trollfests/flamewars currently raging over the proposed Firefox rename. Hommey confirms that Firefox in Etch will be renamed 'Iceweasel,' but this will only be a renamed version of the vanilla Firefox, not the GNU Iceweasel fork — though the Debian and GNU Iceweasel teams may work together in future."

A closer look at Folding@home's GPU client. TheRaindog writes, "Slashdot recently covered some impressive client statistics for Stanford's Folding@home project, but they don't tell the whole story. The Tech Report has taken a closer look at the GPU client, running it on a Radeon X1900 XTX against the CPU client on a dual-core Opteron. The results are enlightening, especially considering how Stanford has chosen to award points GPU client work units. Power consumption is more interesting, with the GPU client apparently far more power-efficient than folding with a CPU."

David Brin need not lament — KidBasic. sproketboy writes, "I was thinking about the recent slashdot story David Brin Laments Absence of Programming For Kids, and after looking around I found KidBasic. KidBasic is quite good and teaches all the basics of programming. My 4 year old nephew and I have been able to get a few simple games programmed with it."

Online gambling ban may violate international law. An anonymous reader writes, "As Slashdot noted earlier, Congress has passed an effective ban on online gambling in the U.S. This may not be the end of the story, however. The law may be struck down by the World Trade Organization on the grounds that it violates the United States' international obligation not to discriminate in favor of domestic casinos. If the WTO strikes down this U.S. gambling ban, it would not be the first time. In November of 2004, the WTO struck down a U.S. anti-gambling law as illegally discriminating against the nation of Antigua."

Human species may do whatnow?. jamie writes, "'I might have believed this nonsense could come from some late 19th century eugenicist, but now? Is there any evidence...?' That's biologist PZ Myers's comment on the BBC story that claims the human species may split in two. It was posted on Slashdot as humor, but Myers's comments are a much-needed sober appraisal of this kind of pseudoscientific claim."

Another RIAA lawsuit dropped. skelator2821 writes, "Another RIAA lawsuit has been dropped against a defendant who had been accused of illegally sharing songs online, according to Ars Technica. Looks like the Mob tactics are not paying off for our good friends at the RIAA anymore."

An anonymous reader writes "A Virginia appeals court has upheld the first felony conviction under a state anti-spam law. In the process, the court also suggested that spam recipients might be able to sue spammers for money damages. According to the court, taxing a person's servers with unwanted e-mails is a form of trespass, little different than intruding on their land or making unwanted use of their private property. Perhaps because of this decision, spammers will soon find themselves on the receiving end of a million dollar class action suit."

CaptainEbo writes "Michael Snow was the webmaster of Stop Corporate Extortion, a private support group website for 'individuals who have been, are being, or will be sued by any Corporate entity.' In order to access his site, users were required to register a username and password, and agree to a statement saying they were not associated with DirecTV, Inc. Several defendants in suits brought by DirecTV would discuss their cases on Snow's site. When DirecTV's employees and lawyers ignored Snow's user agreement and accessed his site anyway, Snow sued, claiming they violated the Stored Communications Act (SCA) by accessing his site without authorization. In an unanimous opinion, the Eleventh Circuit rejected Snow's suit."

CaptainEbo writes "A court has declared the federal anti-obscenity law unconstitutional in a criminal case against an Internet porn distributor: 'We find that the federal obscenity statutes burden an individual's fundamental right to possess, read, observe, and think about what he chooses in the privacy of his own home by completely banning the distribution of obscene materials.' The court's decision rested in part on Lawrence v. Texas, the Supreme Court case striking down anti-sodomy laws. Under Lawrence, said the court, 'upholding the public sense of morality is not even a legitimate state interest.'"

CaptainEbo writes "In Bridgeport Music v. Dimension Films, the Sixth Circuit Federal Court of Appeals eliminated the 'de minimis' exception for copyright in sound recordings, which allows artists to sample small amounts from earlier work to produce new creations. The defendants in this case have now asked the Supreme Court to intervene. Also involved in this suit are civil rights vetrans from the Brennan Center for Justice and the Electronic Frontier Foundation. Both have filed an amicus brief urging that the Sixth Circuit decision be reversed. 'The Court of Appeals decision to target trivial borrowing from sound recordings isn't supported by copyright law or sound policy,' says Marjorie Heins, coordinator of the Free Expression Policy Project at the Brennan Center. 'It ignores the history and purpose of the Copyright Act and stifles creativity.'"

EconomyGuy writes "While many of us have been celebrating the recent FCC decision to keep regulation off of VoIP, but there may be some undesirable results for those progressive geeks who believe government should do more than provide military defense. As VoIP takes off as a replacement for the traditional copper-wire network, local and state governments are going to lose more and more funding for important services like 911 and Universal Service."

expriest writes "A Federal Judge has held that the state of Ohio must provide a provisional ballot to persons who claim to be registered, but whose names do not appear on the voter rolls. This decision reverses a policy by Ohio Secretary of State Ken Blackwell, who was only allowing the provisional ballots in limited circumstances. Furthermore, the Judge put some teeth behind his ruling, allowing persons denied provisional ballot to sue the election official so doing for money damages."

expriest writes "Recently, Slashdot considered the issue of e-courts which allow electronic filing of documents and court proceedings to be viewed on flat screens. Some commentators, however, are now questioning the effect of more commonplace technology on the courtroom, Power Point." Below, a bit on the reasoning behind their objections to electronic showmanship in the courtroom.

expriest continues "Theoretically, all trials feature two equally zealous advocates who each forcefully advocate for their clients. The idea is that by giving each litigant a powerful and equally persuasive advocate as their attorney, they will cancel each other out and the truth will be left in the shakeup. But what happens when one attorney uses technology to gain an unfair advantage?

Already one court, the Court of Appeals of Washington, held in State v. Robinson that the prosecution should not have been allowed to use Power Point in their closing argument, for fear that the jury would be move convinced by fancy graphics than by actual evidence.

Trial graphics companies are already a boom industry, with businesses like Trial Image making millions off of lawyers struggling to reduce their case to a picture. The question is, how far should this go? Does even simple technology like Power Point reduce trials to a contest of presentation, not a contest of facts and law?"

expriest writes "Manuel Miranda, the Republican Senate staffer under invesitgation for hacking into confidential Democratic files, has sued John Ashcroft to enjoin him against continuing the investigation. Miranda's argument consists of little more than fingerpointing. "Senators used all their official power and their influence over the press" says Miranda's complaint, "to disguise their own wrongdoing, by systematically accusing plaintiff of escalating degrees of criminality." "

expriest writes "In an attempt to confirm Bush's most conservative nominees to the federal bench, Senate Republican leaders are considering a nuclear option. Under this procedure, the person chairing the Senate rules that filibusters of judicial nominations are unconstitutional. Republicans claim a simple majority (51 senators) would be all that is necessary to uphold this ruling, and therefore give them the power to confirm judges. The problem with this procedure, however, is that the Supreme Court could still overrule the Senate, and the status of the then improperly confirmed judges would be unknown."

An anonymous reader writes "In a recent article, Stanford Law Professor Mark Lemley argues that intellectual property is not 'property' in the traditional sense. According to Lemley, while 'free riding' off of someone else's land or other physical property rights is always undesirable, freely benefitting from someone else's intellectual property rights is often the best way to form a free and creative society. Lemley's distinction also points to the unusual fact that in IP, traditional liberals are often calling for less and less government, while conservatives demand regulation in order to protect their exclusive right to use their intellectual creations."