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NewYorkCountryLawyer writes "After the lower court adjourned the hearing scheduled to be televised in SONY BMG Music v. Tenenbaum, in order to give the appeals court time to determine the RIAA's petition for a writ of 'mandamus or prohibition', the appeals court set a briefing schedule. Apparently expecting amicus curiae briefs to be submitted, the appellate court set January 29th as a deadline for filing of amicus briefs. One commentator opines that 'the last thing Vivendi Universal, EMI, Warner Music and Sony BMG RIAA attack lawyers want is for people to see them live and in full, glorious color', while another noted Judge Gertner's observation that the arguments raised by the RIAA in the appeals court, relating to the manner of administering the broadcast, had never been raised in the lower court."

NewYorkCountryLawyer writes "After the lower court adjourned the hearing scheduled to be televised in SONY BMG Music v. Tenenbaum, in order to give the appeals court time to determine the RIAA's petition for a writ of 'mandamus or prohibition', the appeals court set a briefing schedule. Apparently expecting amicus curiae briefs to be submitted, the appellate court set January 29th as a deadline for filing of amicus briefs. One commentator opines that 'the last thing Vivendi Universal, EMI, Warner Music and Sony BMG RIAA attack lawyers want is for people to see them live and in full, glorious color', while another noted Judge Gertner's observation that the arguments raised by the RIAA in the appeals court, relating to the manner of administering the broadcast, had never been raised in the lower court."

NewYorkCountryLawyer writes "After the lower court adjourned the hearing scheduled to be televised in SONY BMG Music v. Tenenbaum, in order to give the appeals court time to determine the RIAA's petition for a writ of 'mandamus or prohibition', the appeals court set a briefing schedule. Apparently expecting amicus curiae briefs to be submitted, the appellate court set January 29th as a deadline for filing of amicus briefs. One commentator opines that 'the last thing Vivendi Universal, EMI, Warner Music and Sony BMG RIAA attack lawyers want is for people to see them live and in full, glorious color', while another noted Judge Gertner's observation that the arguments raised by the RIAA in the appeals court, relating to the manner of administering the broadcast, had never been raised in the lower court."

NewYorkCountryLawyer writes "After the lower court adjourned the hearing scheduled to be televised in SONY BMG Music v. Tenenbaum, in order to give the appeals court time to determine the RIAA's petition for a writ of 'mandamus or prohibition', the appeals court set a briefing schedule. Apparently expecting amicus curiae briefs to be submitted, the appellate court set January 29th as a deadline for filing of amicus briefs. One commentator opines that 'the last thing Vivendi Universal, EMI, Warner Music and Sony BMG RIAA attack lawyers want is for people to see them live and in full, glorious color', while another noted Judge Gertner's observation that the arguments raised by the RIAA in the appeals court, relating to the manner of administering the broadcast, had never been raised in the lower court."

NewYorkCountryLawyer writes "Unhappy with Harvard Law Professor Charles Nesson's motion to compel the deposition of the RIAA's head 'Enforcer', Matthew J. Oppenheim, in SONY BMG Music v. Tenenbaum, the RIAA threatened the good professor with sanctions (PDF) if he declined to withdraw his motion. Then the next day they filed papers opposing the motion, and indeed asked the Court to award monetary sanctions under Rule 37 of the Federal Rules of Civil Procedure."

NewYorkCountryLawyer writes "Unhappy with Harvard Law Professor Charles Nesson's motion to compel the deposition of the RIAA's head 'Enforcer', Matthew J. Oppenheim, in SONY BMG Music v. Tenenbaum, the RIAA threatened the good professor with sanctions (PDF) if he declined to withdraw his motion. Then the next day they filed papers opposing the motion, and indeed asked the Court to award monetary sanctions under Rule 37 of the Federal Rules of Civil Procedure."

NewYorkCountryLawyer writes "Unhappy with Harvard Law Professor Charles Nesson's motion to compel the deposition of the RIAA's head 'Enforcer', Matthew J. Oppenheim, in SONY BMG Music v. Tenenbaum, the RIAA threatened the good professor with sanctions (PDF) if he declined to withdraw his motion. Then the next day they filed papers opposing the motion, and indeed asked the Court to award monetary sanctions under Rule 37 of the Federal Rules of Civil Procedure."

NewYorkCountryLawyer writes "Unhappy with Harvard Law Professor Charles Nesson's motion to compel the deposition of the RIAA's head 'Enforcer', Matthew J. Oppenheim, in SONY BMG Music v. Tenenbaum, the RIAA threatened the good professor with sanctions (PDF) if he declined to withdraw his motion. Then the next day they filed papers opposing the motion, and indeed asked the Court to award monetary sanctions under Rule 37 of the Federal Rules of Civil Procedure."

Adam Korbitz writes "New Scientist is reporting the extrasolar planet MOA-2007-BLG-192Lb — whose discovery was announced just last summer — may actually be the first truly Earth-sized exoplanet to be identified. A new analysis suggests the planet weighs less than half the original estimate of 3.3 Earth masses; the new estimate pegs the planet's size at 1.4 Earth masses. The planet orbits a small red dwarf star, some 3,000 light-years from here, at an orbital distance of 0.62 astronomical units, about the same distance as Venus from our sun. One significance of the planet's discovery is that it points to the probable ubiquity of smaller terrestrial planets in somewhat Earth-like orbits around red dwarf stars, the oldest and most numerous stars in the galaxy. Here is a video report from the discoverers."

Adam Korbitz writes "New Scientist is reporting the extrasolar planet MOA-2007-BLG-192Lb — whose discovery was announced just last summer — may actually be the first truly Earth-sized exoplanet to be identified. A new analysis suggests the planet weighs less than half the original estimate of 3.3 Earth masses; the new estimate pegs the planet's size at 1.4 Earth masses. The planet orbits a small red dwarf star, some 3,000 light-years from here, at an orbital distance of 0.62 astronomical units, about the same distance as Venus from our sun. One significance of the planet's discovery is that it points to the probable ubiquity of smaller terrestrial planets in somewhat Earth-like orbits around red dwarf stars, the oldest and most numerous stars in the galaxy. Here is a video report from the discoverers."

Adam Korbitz writes "New Scientist is reporting the extrasolar planet MOA-2007-BLG-192Lb — whose discovery was announced just last summer — may actually be the first truly Earth-sized exoplanet to be identified. A new analysis suggests the planet weighs less than half the original estimate of 3.3 Earth masses; the new estimate pegs the planet's size at 1.4 Earth masses. The planet orbits a small red dwarf star, some 3,000 light-years from here, at an orbital distance of 0.62 astronomical units, about the same distance as Venus from our sun. One significance of the planet's discovery is that it points to the probable ubiquity of smaller terrestrial planets in somewhat Earth-like orbits around red dwarf stars, the oldest and most numerous stars in the galaxy. Here is a video report from the discoverers."

Bubba writes "I just discovered this blog: Frozen Cache. It describes a concept for preventing cold boot attacks by saving the encryption key in the CPU cache. It is claimed that by disabling the CPU cache the key will remain in cache and won't be written to memory. The blog says they're working on a proof-of-concept implementation for Linux. Could this really turn out to be a working solution?" Update: 01/19 20:26 GMT by KD : Jacob Appelbaum, one of the authors of the cold boot attack paper, wrote in with this comment: "It's not a solution. It simply seeks to make it more obscure but an attacker would certainly still be able to pull off the attack. From what is on that blog, there's still a full keyschedule in memory at this time. This is how we reconstruct the key, the redundant information in memory; it's not just the 128/256 bit key itself. For older methods, they needed the actual specific key bits but we don't need them because we recreate them. Basically, the CPU is acting as a ghetto crypto co-processer. Emphasis on ghetto. It's a nice suggestion but the devil is in the details and sadly the details in this case aren't really up to snuff. It's a bogus solution."

Jonah Bomber writes with this excerpt from Information Week: "In addition to Google's announcements about the elimination of 100 recruiting positions and the shutdown of offices in Austin, Texas; Trondheim, Norway; and Lulea, Sweden, the company said it would close Dodgeball, Google Catalog Search, Google Mashup Editor, Google Notebook, and Jaiku. It also said it's discontinuing the ability to upload videos to Google Video. ... Jaiku, however, will live on as an open source project. Gundotra said that Google engineers have been porting the microblogging service to Google App Engine and that when the migration is completed, the company plans to make the code available under the Apache license."

Jonah Bomber writes with this excerpt from Information Week: "In addition to Google's announcements about the elimination of 100 recruiting positions and the shutdown of offices in Austin, Texas; Trondheim, Norway; and Lulea, Sweden, the company said it would close Dodgeball, Google Catalog Search, Google Mashup Editor, Google Notebook, and Jaiku. It also said it's discontinuing the ability to upload videos to Google Video. ... Jaiku, however, will live on as an open source project. Gundotra said that Google engineers have been porting the microblogging service to Google App Engine and that when the migration is completed, the company plans to make the code available under the Apache license."

NewYorkCountryLawyer writes "You may recall that the RIAA walked away last week from one of their 'discovery' cases seeking the identities of 'John Does' who attended Rhode Island College. We have just learned that they walked away from another one, BMG Music v. Does 1-14, in Greensboro, North Carolina. 2 of the 14 John Does had settled, but the other 12 — who hung tough — will never be identified to the RIAA lawyers and will not have to pay any 'settlement.' This adds fuel to the debate over whether the RIAA has finally seen the light or is still sneaking around in the dark."

NewYorkCountryLawyer writes "You may recall that the RIAA walked away last week from one of their 'discovery' cases seeking the identities of 'John Does' who attended Rhode Island College. We have just learned that they walked away from another one, BMG Music v. Does 1-14, in Greensboro, North Carolina. 2 of the 14 John Does had settled, but the other 12 — who hung tough — will never be identified to the RIAA lawyers and will not have to pay any 'settlement.' This adds fuel to the debate over whether the RIAA has finally seen the light or is still sneaking around in the dark."

NewYorkCountryLawyer writes "The RIAA has appealed the order entered several days ago allowing the January 22nd hearing in SONY BMG Music v. Tenenbaum to be streamed over internet TV. Additionally, they've made a motion for a stay. I'm just a country lawyer, but as far as I know: (a) it's not possible to appeal the order, (b) it was procedurally improper and ineffective to file a notice of appeal, and (c) it was improper to direct their motion for a stay to the District Court Judge. Well, let's hope the arguments in the First Circuit will be streamed, too. Meanwhile, one commentator wonders why the tooth and nail opposition to broadcasting, since the professed aim of the litigations was to 'educate' the public?"

NewYorkCountryLawyer writes "The RIAA has appealed the order entered several days ago allowing the January 22nd hearing in SONY BMG Music v. Tenenbaum to be streamed over internet TV. Additionally, they've made a motion for a stay. I'm just a country lawyer, but as far as I know: (a) it's not possible to appeal the order, (b) it was procedurally improper and ineffective to file a notice of appeal, and (c) it was improper to direct their motion for a stay to the District Court Judge. Well, let's hope the arguments in the First Circuit will be streamed, too. Meanwhile, one commentator wonders why the tooth and nail opposition to broadcasting, since the professed aim of the litigations was to 'educate' the public?"

NewYorkCountryLawyer writes "The RIAA has appealed the order entered several days ago allowing the January 22nd hearing in SONY BMG Music v. Tenenbaum to be streamed over internet TV. Additionally, they've made a motion for a stay. I'm just a country lawyer, but as far as I know: (a) it's not possible to appeal the order, (b) it was procedurally improper and ineffective to file a notice of appeal, and (c) it was improper to direct their motion for a stay to the District Court Judge. Well, let's hope the arguments in the First Circuit will be streamed, too. Meanwhile, one commentator wonders why the tooth and nail opposition to broadcasting, since the professed aim of the litigations was to 'educate' the public?"

theodp writes "Coming the day after it announced layoffs and office closures, Google's California Supreme Court filing arguing for the overturn of Proposition 8, which asks the Court not to harm its ability to recruit and retain employees, certainly could have been better timed. Google's support of same-sex marriage puts it on the same page with Dan'l Lewin, Microsoft's man in Silicon-Valley, who joined other tech leaders last October to denounce Prop 8 in a full-page newspaper ad. But oddly, Microsoft HR Chief Mike Murray cited religious beliefs for his decision to contribute $100,000 to 'Yes On 8', surprising coming from the guy who had been charged with diversity and sensitivity training during his ten-year Microsoft stint. "

theodp writes "Coming the day after it announced layoffs and office closures, Google's California Supreme Court filing arguing for the overturn of Proposition 8, which asks the Court not to harm its ability to recruit and retain employees, certainly could have been better timed. Google's support of same-sex marriage puts it on the same page with Dan'l Lewin, Microsoft's man in Silicon-Valley, who joined other tech leaders last October to denounce Prop 8 in a full-page newspaper ad. But oddly, Microsoft HR Chief Mike Murray cited religious beliefs for his decision to contribute $100,000 to 'Yes On 8', surprising coming from the guy who had been charged with diversity and sensitivity training during his ten-year Microsoft stint. "

theodp writes "Coming the day after it announced layoffs and office closures, Google's California Supreme Court filing arguing for the overturn of Proposition 8, which asks the Court not to harm its ability to recruit and retain employees, certainly could have been better timed. Google's support of same-sex marriage puts it on the same page with Dan'l Lewin, Microsoft's man in Silicon-Valley, who joined other tech leaders last October to denounce Prop 8 in a full-page newspaper ad. But oddly, Microsoft HR Chief Mike Murray cited religious beliefs for his decision to contribute $100,000 to 'Yes On 8', surprising coming from the guy who had been charged with diversity and sensitivity training during his ten-year Microsoft stint. "

NewYorkCountryLawyer writes "One commentator labels it 'another fly in the RIAA's ointment.' In SONY BMG Music v. Tenenbaum, the Boston, Massachusetts, RIAA case in which the defendant is represented by Harvard law professor Charles Nesson and a group of his students, the Judge has ruled that the hearing scheduled for January 22nd will be televised over the Internet. The hearing will relate to Mr. Tenenbaum's counterclaims against the record companies and against the RIAA. In her 11-page opinion (PDF), District Judge Nancy Gertner labeled as 'curious' the record companies' opposition to televising the proceedings, since their professed reason for bringing the cases is deterrence, 'a strategy [which] effectively relies on the publicity arising from this litigation'."

NewYorkCountryLawyer writes "One commentator labels it 'another fly in the RIAA's ointment.' In SONY BMG Music v. Tenenbaum, the Boston, Massachusetts, RIAA case in which the defendant is represented by Harvard law professor Charles Nesson and a group of his students, the Judge has ruled that the hearing scheduled for January 22nd will be televised over the Internet. The hearing will relate to Mr. Tenenbaum's counterclaims against the record companies and against the RIAA. In her 11-page opinion (PDF), District Judge Nancy Gertner labeled as 'curious' the record companies' opposition to televising the proceedings, since their professed reason for bringing the cases is deterrence, 'a strategy [which] effectively relies on the publicity arising from this litigation'."

NewYorkCountryLawyer writes "One commentator labels it 'another fly in the RIAA's ointment.' In SONY BMG Music v. Tenenbaum, the Boston, Massachusetts, RIAA case in which the defendant is represented by Harvard law professor Charles Nesson and a group of his students, the Judge has ruled that the hearing scheduled for January 22nd will be televised over the Internet. The hearing will relate to Mr. Tenenbaum's counterclaims against the record companies and against the RIAA. In her 11-page opinion (PDF), District Judge Nancy Gertner labeled as 'curious' the record companies' opposition to televising the proceedings, since their professed reason for bringing the cases is deterrence, 'a strategy [which] effectively relies on the publicity arising from this litigation'."

Amenacier writes "Recent studies by Finnish and Swedish researchers have shown that drinking moderate amounts of coffee can reduce the risk of Alzheimer's disease in people. The reason for this is as yet unknown, although it has been hypothesized that the high levels of antioxidants found in coffee may play a role in preventing dementia and Alzheimer's. Alternatively, some studies have shown that coffee can protect nerves, which may help prevent Alzheimer's. Other studies have shown that coffee may also help to protect against diabetes, another disease which has been shown to have links to Alzheimer's disease. However, researchers warn against drinking too much coffee, as 3 cups or more may cause hallucinations."

togelius writes "What makes games fun? Some (e.g. Raph Koster) claim that fun is learning — fun games are those which are easy to learn, but hard to master, with a long and smooth learning curve. I think we can create fun game rules automatically through measuring their learnability. In a recent experiment, we do this using evolutionary computation, and create some simple Pacman-like new games completely without human intervention! Perhaps this has a future in game design? The academic paper (PDF) is available as well."

NewYorkCountryLawyer writes "In November, 2004, several judges in the federal court in Austin, Texas, got together and ordered the RIAA to cease and desist from its practice of joining multiple 'John Does' in a single case. The RIAA blithely ignored the order, and continued the illegal practice for the next four years, but steering clear of Austin. In 2008, however, circumstances conspired to force the record companies back to that venue. In Arista v. Does 1-22, in Providence, Rhode Island, they were hoping to get the student identities from Rhode Island College. After the first round, however, they learned that the College was not the ISP; rather, the ISP was an Austin-based company, Apogee Telecom Inc., meaning the RIAA would have to serve its subpoena in Austin. The RIAA did just that, but Apogee — unlike so many other ISP's — did not turn over its subscribers' identities in response to the subpoena, instead filing objections. This meant the RIAA would have to go to court, to try to get the Court to overrule Apogee's objections. Instead, it opted to withdraw the subpoena and drop its case."

NewYorkCountryLawyer writes "In November, 2004, several judges in the federal court in Austin, Texas, got together and ordered the RIAA to cease and desist from its practice of joining multiple 'John Does' in a single case. The RIAA blithely ignored the order, and continued the illegal practice for the next four years, but steering clear of Austin. In 2008, however, circumstances conspired to force the record companies back to that venue. In Arista v. Does 1-22, in Providence, Rhode Island, they were hoping to get the student identities from Rhode Island College. After the first round, however, they learned that the College was not the ISP; rather, the ISP was an Austin-based company, Apogee Telecom Inc., meaning the RIAA would have to serve its subpoena in Austin. The RIAA did just that, but Apogee — unlike so many other ISP's — did not turn over its subscribers' identities in response to the subpoena, instead filing objections. This meant the RIAA would have to go to court, to try to get the Court to overrule Apogee's objections. Instead, it opted to withdraw the subpoena and drop its case."

NewYorkCountryLawyer writes "In November, 2004, several judges in the federal court in Austin, Texas, got together and ordered the RIAA to cease and desist from its practice of joining multiple 'John Does' in a single case. The RIAA blithely ignored the order, and continued the illegal practice for the next four years, but steering clear of Austin. In 2008, however, circumstances conspired to force the record companies back to that venue. In Arista v. Does 1-22, in Providence, Rhode Island, they were hoping to get the student identities from Rhode Island College. After the first round, however, they learned that the College was not the ISP; rather, the ISP was an Austin-based company, Apogee Telecom Inc., meaning the RIAA would have to serve its subpoena in Austin. The RIAA did just that, but Apogee — unlike so many other ISP's — did not turn over its subscribers' identities in response to the subpoena, instead filing objections. This meant the RIAA would have to go to court, to try to get the Court to overrule Apogee's objections. Instead, it opted to withdraw the subpoena and drop its case."

NewYorkCountryLawyer writes "In November, 2004, several judges in the federal court in Austin, Texas, got together and ordered the RIAA to cease and desist from its practice of joining multiple 'John Does' in a single case. The RIAA blithely ignored the order, and continued the illegal practice for the next four years, but steering clear of Austin. In 2008, however, circumstances conspired to force the record companies back to that venue. In Arista v. Does 1-22, in Providence, Rhode Island, they were hoping to get the student identities from Rhode Island College. After the first round, however, they learned that the College was not the ISP; rather, the ISP was an Austin-based company, Apogee Telecom Inc., meaning the RIAA would have to serve its subpoena in Austin. The RIAA did just that, but Apogee — unlike so many other ISP's — did not turn over its subscribers' identities in response to the subpoena, instead filing objections. This meant the RIAA would have to go to court, to try to get the Court to overrule Apogee's objections. Instead, it opted to withdraw the subpoena and drop its case."

NewYorkCountryLawyer writes "The US President-elect, Barack Obama, has selected Julius Genachowski to lead the Federal Communications Commission. This appears to bode well for a forward-looking (or at least clued) Internet policy, since Genachowski is credited with running Obama's internet-based election campaign, and, according to 'Fierce Telecom,' 'has an impressive record working with technology and communications companies: He was Chief of Business Operations at InterActiveCorp; he's co-founder of Rock Creek Ventures, which currently backs 11 internet-based start-ups, and he's also served on the boards of numerous technology and new media companies, including The Motley Fool, Web.com, Truveo, and Rapt'."

anomalous cohort writes "I am a casual gamer. Go or Chess are my games of choice when I am up for a serious intellectual gaming challenge. Otherwise, I just want to blow off some steam in a free, arena-style FPS such as Alien Arena, Nexuiz, Sauerbraten, or Tremulous at the end of a long day. Either way, it is very rare for my gaming experience to exceed 30 minutes. The problem is that attendance for these games has dropped off over the years. Finding a game with about two humans and two robots is perfect for me and very rare these days. My question is this: What is currently the most popular free, arena-style FPS for the casual gamer that you know of?" That reminds me, how is the Quake Live beta coming along?

theodp writes "Last June, Google rolled out a new favicon, the small branding icon that graces your URL bar when you visit Google. Which, as it turned out, bore a striking similarity to Garth Brooks' Circle-G logo. Well, Google went back to the drawing board and has come back with a new favicon, which it says was inspired by — not copied from, mind you — its users' submitted ideas. Some are also seeing inspiration elsewhere for the new favicon, which consists of white 'g' on a background of four color swatches. Take the AVG antivirus icon, for instance. Or everybody's favorite memory toy, Simon. Or — in perhaps the unkindest cut of all — the four-color Microsoft Windows logo, shown here with a superimposed white '7'. Anything else come to mind?" What comes to mind for me is just how obsessed many people are with the Google favicon.

theodp writes "Last June, Google rolled out a new favicon, the small branding icon that graces your URL bar when you visit Google. Which, as it turned out, bore a striking similarity to Garth Brooks' Circle-G logo. Well, Google went back to the drawing board and has come back with a new favicon, which it says was inspired by — not copied from, mind you — its users' submitted ideas. Some are also seeing inspiration elsewhere for the new favicon, which consists of white 'g' on a background of four color swatches. Take the AVG antivirus icon, for instance. Or everybody's favorite memory toy, Simon. Or — in perhaps the unkindest cut of all — the four-color Microsoft Windows logo, shown here with a superimposed white '7'. Anything else come to mind?" What comes to mind for me is just how obsessed many people are with the Google favicon.

Harry McCracken writes "One of my top picks at the Consumer Electronics Show was Sixense's TrueMotion, a game-controller technology that resembles the Wii's remote, but uses an electromagnetic field to provide far more precision — it knows the exact location of the controller in 3D space and which way you're pointing it. (The Wiimote only knows which direction you're moving the controller.) TrueMotion-based remotes are due by Christmas, bundled with a PC game for under $100."

Adam Korbitz writes "NASA's planet-hunting Kepler mission is set to launch late on the evening of March 6th. A few days ago, the space telescope arrived in Florida for final launch preparations. According to the NASA/JPL Planet Quest website: 'Kepler will hunt for planets using a specialized one-meter diameter telescope called a photometer to measure the small changes in brightness caused by the transits. Over a four-year period, Kepler will continuously view an amount of sky about equal to the size of a human hand held at arm's length or about equal in area to two "scoops" of the sky made with the Big Dipper constellation.' A map of the area Kepler will search is shown superimposed on a picture of the constellation Cygnus, The Swan. NASA has posted a countdown clock for Kepler, as well as animations of the spacecraft mission and the science objectives."

Nick Fletcher writes "Just a few short months after the initial release, Google has released a pre-beta version of Google Chrome 2.0. It sports a few new features including form auto-completion, full-page zoom, 'profiles,' and Greasemonkey support. It seems the only notable feature would be profiles, which allows users to separate out their homepage, history, and bookmarks on a per user or category basis. It seems Google is still playing catch-up but they're definitely moving at a pace unknown to some of their competition. The full list of new features is available in the release notes."

NewYorkCountryLawyer writes "In Atlantic Recording v. Brennan, the landmark Connecticut case in which the first decision rejecting the RIAA's 'making available' theory was handed down, the RIAA has finally thrown in the towel and dismissed its own case. Mr. Brennan never appeared in the case at all. In February, 2008, the RIAA's motion for a default judgment was rejected for a number of reasons, including the Court's ruling (PDF) that there is no claim for 'making available for distribution' under the US Copyright Act. The RIAA moved for reconsideration; that motion was denied. Then, in December, the RIAA's second motion for default judgment was rejected. Finally the RIAA filed a 'notice of dismissal' ending the case."

NewYorkCountryLawyer writes "In Atlantic Recording v. Brennan, the landmark Connecticut case in which the first decision rejecting the RIAA's 'making available' theory was handed down, the RIAA has finally thrown in the towel and dismissed its own case. Mr. Brennan never appeared in the case at all. In February, 2008, the RIAA's motion for a default judgment was rejected for a number of reasons, including the Court's ruling (PDF) that there is no claim for 'making available for distribution' under the US Copyright Act. The RIAA moved for reconsideration; that motion was denied. Then, in December, the RIAA's second motion for default judgment was rejected. Finally the RIAA filed a 'notice of dismissal' ending the case."

NewYorkCountryLawyer writes "In Atlantic Recording v. Brennan, the landmark Connecticut case in which the first decision rejecting the RIAA's 'making available' theory was handed down, the RIAA has finally thrown in the towel and dismissed its own case. Mr. Brennan never appeared in the case at all. In February, 2008, the RIAA's motion for a default judgment was rejected for a number of reasons, including the Court's ruling (PDF) that there is no claim for 'making available for distribution' under the US Copyright Act. The RIAA moved for reconsideration; that motion was denied. Then, in December, the RIAA's second motion for default judgment was rejected. Finally the RIAA filed a 'notice of dismissal' ending the case."

The Recording Industry of America's favorite courtroom lawyer, Tom Perrelli, who has sued individual file swappers in multiple federal courts, is President-elect Barack Obama's choice for the third in line at the Justice Department. CNet's Declan McCullagh explores the background of the man who won the RIAA's lucrative business for his DC law firm: "An article on his law firm's Web site says that Perrelli represented SoundExchange before the Copyright Royalty Board — and obtained a 250 percent increase in the royalty rate for music played over the Internet by companies like AOL and Yahoo," not to mention Pandora and Radio Paradise. NewYorkCountryLawyer adds, "Certainly this does not bode well for CowboyNeal's being appointed Copyright Czar."

StrongestLink writes "In an intriguing twist on the recent Comodo CA vulnerability discussed here last week, security researcher Mike Zusman today revealed that three days prior to StartCom's disclosure of a flaw in a Comodo reseller's registration process, he discovered and disclosed an authentication bypass flaw to StartCom in their own registration process that allowed an attacker to submit an authorized request for any domain. During a month which was marked by the continuing paradigm shift to SSL-verified holiday shopping, the Chain of Trust continues to run off the gears, and Bruce Schneier is even commenting publicly that SSL's site validation mission isn't even relevant. What lies ahead for the billion-dollar CA industry?"

NewYorkCountryLawyer writes "According to a tantalizing 'unconfirmed' report, it appears that the RIAA has jettisoned MediaSentry (now known as SafeNet) as its 'investigator.' MediaSentry has come under heat in a number of different states for the fact that it was 'investigating' without an investigator's license and invading people's privacy. Earlier this year it was found to have made diametrically conflicting written statements to two different tribunals within 30 days of each other, in one denying that it was an 'expert witness,' in another claiming that it was an 'expert witness.' If the report is accurate, the termination comes at an interesting time, since MediaSentry's investigator is the plaintiffs' only fact witness to prove copyright infringement in Capitol Records v. Thomas, which is now headed for a retrial on March 9th. If he does take the stand, the reasons for his company's termination will be fair game for cross examination. One also has to wonder if it's in any way connected to the puzzling enigma of the New York Attorney General's alleged involvement in the RIAA's recent Wall Street Journal announcement that it would be reducing its p2p file sharing cases to a trickle."

NewYorkCountryLawyer writes "According to a tantalizing 'unconfirmed' report, it appears that the RIAA has jettisoned MediaSentry (now known as SafeNet) as its 'investigator.' MediaSentry has come under heat in a number of different states for the fact that it was 'investigating' without an investigator's license and invading people's privacy. Earlier this year it was found to have made diametrically conflicting written statements to two different tribunals within 30 days of each other, in one denying that it was an 'expert witness,' in another claiming that it was an 'expert witness.' If the report is accurate, the termination comes at an interesting time, since MediaSentry's investigator is the plaintiffs' only fact witness to prove copyright infringement in Capitol Records v. Thomas, which is now headed for a retrial on March 9th. If he does take the stand, the reasons for his company's termination will be fair game for cross examination. One also has to wonder if it's in any way connected to the puzzling enigma of the New York Attorney General's alleged involvement in the RIAA's recent Wall Street Journal announcement that it would be reducing its p2p file sharing cases to a trickle."

NewYorkCountryLawyer writes "According to a tantalizing 'unconfirmed' report, it appears that the RIAA has jettisoned MediaSentry (now known as SafeNet) as its 'investigator.' MediaSentry has come under heat in a number of different states for the fact that it was 'investigating' without an investigator's license and invading people's privacy. Earlier this year it was found to have made diametrically conflicting written statements to two different tribunals within 30 days of each other, in one denying that it was an 'expert witness,' in another claiming that it was an 'expert witness.' If the report is accurate, the termination comes at an interesting time, since MediaSentry's investigator is the plaintiffs' only fact witness to prove copyright infringement in Capitol Records v. Thomas, which is now headed for a retrial on March 9th. If he does take the stand, the reasons for his company's termination will be fair game for cross examination. One also has to wonder if it's in any way connected to the puzzling enigma of the New York Attorney General's alleged involvement in the RIAA's recent Wall Street Journal announcement that it would be reducing its p2p file sharing cases to a trickle."

NewYorkCountryLawyer writes "According to a tantalizing 'unconfirmed' report, it appears that the RIAA has jettisoned MediaSentry (now known as SafeNet) as its 'investigator.' MediaSentry has come under heat in a number of different states for the fact that it was 'investigating' without an investigator's license and invading people's privacy. Earlier this year it was found to have made diametrically conflicting written statements to two different tribunals within 30 days of each other, in one denying that it was an 'expert witness,' in another claiming that it was an 'expert witness.' If the report is accurate, the termination comes at an interesting time, since MediaSentry's investigator is the plaintiffs' only fact witness to prove copyright infringement in Capitol Records v. Thomas, which is now headed for a retrial on March 9th. If he does take the stand, the reasons for his company's termination will be fair game for cross examination. One also has to wonder if it's in any way connected to the puzzling enigma of the New York Attorney General's alleged involvement in the RIAA's recent Wall Street Journal announcement that it would be reducing its p2p file sharing cases to a trickle."

theodp writes "So where do you turn to for great ideas when tough times force you to abort your engineers' brainchildren? If you're Google, reports Nicholas Carlson, you simply outsource brainstorming to your users. Google's launched a new Google Product Ideas blog as well as a Product Ideas for Google Mobile site where users can submit feature and product ideas and vote on others. So what's in it for you if you come up with Google's next billion-dollar-idea? 'If you post an idea or suggestion and we put it into action, we may give you a shout out on our Product Ideas blog,' explains Google, 'but we won't be compensating users for their ideas.' Lucky thing don't-be-evil Googlers don't have to live up to the IEEE Code of Ethics, or they might have to credit properly the contributions of others." So what's wrong with a shout out among consenting adults?

northern squirrel writes "As reported by Security Focus, Google had publicly released their 50-page Browser Security Handbook (under a CC BY license, too). To quote, the document is 'meant to provide developers, browser engineers, and information security researchers with a one-stop reference to key security properties of contemporary web browsers,' and features a comparison of security features in Internet Explorer, Firefox, Opera, Safari, and — you guessed it — Chrome. Is it a belated Christmas gift to web developers, or just a reaction to recent bad publicity?"

NewYorkCountryLawyer writes "In court papers filed in New York in Capitol Records v. MP3Tunes, the CEO of MP3Tunes, Michael Robertson, has accused the plaintiffs EMI, Capitol Records, and other EMI record labels of flooding the internet with free MP3s of their songs for promotional purposes, 'free to everyone (except, apparently, MP3tunes).' His 10-page declaration (PDF) provides exact details of specific song files, including the URLs from which they are being distributed free of charge, both by paid content distributors, and by EMI itself from its own web sites."