Slashdot Mirror

NewYorkCountryLawyer writes "In Atlantic Recording v. Raleigh, an RIAA case pending in St. Louis, Missouri, the defendant has asserted detailed counterclaims against the RIAA for federal RICO violations, fraud, violation of the Computer Fraud and Abuse Act, prima facie tort, trespass, and conspiracy. The claims focus on the RIAA's 'driftnet' tactic of suing innocent people, and of demanding extortionate settlements. The RICO 'predicate acts' alleged in the 42-page pleading (PDF) are extortion, mail fraud, and wire fraud. The proposed class includes all people residing in the US 'who were falsely accused ... of downloading copyrighted sound recordings owned by the counterclaim Defendants and making them available for distribution or mass distribution over a P2P network and who incurred costs and damages including legal fees in defense of such false claims' or 'whose computers used in interstate commerce and/or communication were accessed ... without permission or authority.' This is the second class action of which we are aware against the RIAA and the Big 4 recording companies, the first being the Oregon class action brought by Tanya Andersen, which is presently in the discovery phase."

NewYorkCountryLawyer writes "The RIAA's case in Boston against a 24-year-old grad student, SONY BMG Music v. Tenenbaum, in which Prof. Charles Nesson of Harvard Law School, along with members of his CyberLaw class, are representing the defendant, may shape up as a showdown between the Electronic Frontier and Big Music. The defendant's witness list includes names such as those of Prof. Lawrence Lessig (Author of 'Free Culture'), John Perry Barlow (former songwriter of The Grateful Dead and cofounder of the Electronic Frontier Foundation), Prof. Johan Pouwelse (Scientific Director of P2P-Next), Prof. Jonathan Zittrain (Author of 'The Future of the Internet — And How to Stop It'), Professors Wendy Seltzer, Terry Fisher, and John Palfrey, and others. The RIAA requested, and was granted, an adjournment of the trial, from its previously scheduled December 1st date, to March 30, 2009. (The RIAA lawyers have been asking for adjournments a lot lately, asking for an adjournment in UMG v. Lindor the other day because they were so busy preparing for the Tenenbaum December 1st trial ... I guess when you're running on hot air, you sometimes run out of steam)."

NewYorkCountryLawyer writes "The RIAA's case in Boston against a 24-year-old grad student, SONY BMG Music v. Tenenbaum, in which Prof. Charles Nesson of Harvard Law School, along with members of his CyberLaw class, are representing the defendant, may shape up as a showdown between the Electronic Frontier and Big Music. The defendant's witness list includes names such as those of Prof. Lawrence Lessig (Author of 'Free Culture'), John Perry Barlow (former songwriter of The Grateful Dead and cofounder of the Electronic Frontier Foundation), Prof. Johan Pouwelse (Scientific Director of P2P-Next), Prof. Jonathan Zittrain (Author of 'The Future of the Internet — And How to Stop It'), Professors Wendy Seltzer, Terry Fisher, and John Palfrey, and others. The RIAA requested, and was granted, an adjournment of the trial, from its previously scheduled December 1st date, to March 30, 2009. (The RIAA lawyers have been asking for adjournments a lot lately, asking for an adjournment in UMG v. Lindor the other day because they were so busy preparing for the Tenenbaum December 1st trial ... I guess when you're running on hot air, you sometimes run out of steam)."

NewYorkCountryLawyer writes "The RIAA's case in Boston against a 24-year-old grad student, SONY BMG Music v. Tenenbaum, in which Prof. Charles Nesson of Harvard Law School, along with members of his CyberLaw class, are representing the defendant, may shape up as a showdown between the Electronic Frontier and Big Music. The defendant's witness list includes names such as those of Prof. Lawrence Lessig (Author of 'Free Culture'), John Perry Barlow (former songwriter of The Grateful Dead and cofounder of the Electronic Frontier Foundation), Prof. Johan Pouwelse (Scientific Director of P2P-Next), Prof. Jonathan Zittrain (Author of 'The Future of the Internet — And How to Stop It'), Professors Wendy Seltzer, Terry Fisher, and John Palfrey, and others. The RIAA requested, and was granted, an adjournment of the trial, from its previously scheduled December 1st date, to March 30, 2009. (The RIAA lawyers have been asking for adjournments a lot lately, asking for an adjournment in UMG v. Lindor the other day because they were so busy preparing for the Tenenbaum December 1st trial ... I guess when you're running on hot air, you sometimes run out of steam)."

NewYorkCountryLawyer writes "The RIAA's case in Boston against a 24-year-old grad student, SONY BMG Music v. Tenenbaum, in which Prof. Charles Nesson of Harvard Law School, along with members of his CyberLaw class, are representing the defendant, may shape up as a showdown between the Electronic Frontier and Big Music. The defendant's witness list includes names such as those of Prof. Lawrence Lessig (Author of 'Free Culture'), John Perry Barlow (former songwriter of The Grateful Dead and cofounder of the Electronic Frontier Foundation), Prof. Johan Pouwelse (Scientific Director of P2P-Next), Prof. Jonathan Zittrain (Author of 'The Future of the Internet — And How to Stop It'), Professors Wendy Seltzer, Terry Fisher, and John Palfrey, and others. The RIAA requested, and was granted, an adjournment of the trial, from its previously scheduled December 1st date, to March 30, 2009. (The RIAA lawyers have been asking for adjournments a lot lately, asking for an adjournment in UMG v. Lindor the other day because they were so busy preparing for the Tenenbaum December 1st trial ... I guess when you're running on hot air, you sometimes run out of steam)."

NewYorkCountryLawyer writes "The RIAA's case in Boston against a 24-year-old grad student, SONY BMG Music v. Tenenbaum, in which Prof. Charles Nesson of Harvard Law School, along with members of his CyberLaw class, are representing the defendant, may shape up as a showdown between the Electronic Frontier and Big Music. The defendant's witness list includes names such as those of Prof. Lawrence Lessig (Author of 'Free Culture'), John Perry Barlow (former songwriter of The Grateful Dead and cofounder of the Electronic Frontier Foundation), Prof. Johan Pouwelse (Scientific Director of P2P-Next), Prof. Jonathan Zittrain (Author of 'The Future of the Internet — And How to Stop It'), Professors Wendy Seltzer, Terry Fisher, and John Palfrey, and others. The RIAA requested, and was granted, an adjournment of the trial, from its previously scheduled December 1st date, to March 30, 2009. (The RIAA lawyers have been asking for adjournments a lot lately, asking for an adjournment in UMG v. Lindor the other day because they were so busy preparing for the Tenenbaum December 1st trial ... I guess when you're running on hot air, you sometimes run out of steam)."

FornaxChemica writes "In a surprise move, Google announced today, both on-site and in its blog, that it will permanently shut down its 3D virtual world, Lively, by the end of the year. This makes Lively one of Google's few scrapped products, and one of the most short-lived, too, barely lasting 6 months. No official reason was given, only that Google wants to 'prioritize [its] resources and focus more on [its] core search, ads and apps business.' Lively might have taken too much and given back too little, even by Google's standards."

savuporo writes "NASA and its industry partners organized a two-week lunar in-situ resource utilization field test in Hawaii. The tested machines included a few different rovers and prototype plants for generating oxygen and water from lunar regolith. Astrotoday has a picture gallery and a video report. This follows on the heels of the recent ESA lunar robotics challenge event held on Tenerife, which tasked student teams to build a lunar robot that would be able to search for water ice in lunar polar craters."

CWmike and other readers alerted us to Google's announcement that it was making available 10 million images from Life magazine's archives dating back to the 1750s. (Most of the news accounts covering this announcement refer to Life's "photos," and none mention that photography wasn't invented until early in the 19th century.) Only a small percentage of the images — including newly digitized images from photos and etchings — have even been published. The rest have been "sitting in dusty archives in the form of negatives, slides, glass plates, etchings, and prints." At this point about 20% of Life's archive is online; the rest is promised within months.

James Mathew writes "This is an interesting story from Kerala, India, where the ruling Communist Party organized a national conference in its efforts to hijack the Free Software Movement, which has enviable roots in the state. They got Novell to sponsor it. On the second day of the conference, a few free software activists who displayed posters against Novell were manhandled by the organizers and police — typical of what is expected from them. Most of the snaps taken during the scuffle were forcefully deleted by the organizers, after seizing the protesters' mobile phones. Still they couldn't delete all. Here is another blow-by-blow account."

NewYorkCountryLawyer writes "According to a report at p2pnet, Duke University has told the RIAA that it will no longer forward the RIAA's 'early settlement' letters to its students unless the RIAA submits 'evidence that someone actually downloaded from that student,' and said that 'if the RIAA can't prove that actual illegal behavior occurred, then we're not going to comply.' While it is good news that a university is requiring the RIAA to put up or shut up, the forwarding — or not forwarding — of letters is pretty insignificant. What I want to know is this: 'When the RIAA comes knocking with its Star Chamber, ex parte, 'John Doe' litigation to get the students' identities, is the University going to go to bat for the students and fight the litigation on the ground that it's based on zero evidence, and on the ground that the students weren't given prior notice and an opportunity to be heard?' Over 1,000 infringement notices were sent to Duke students in the last year."

NewYorkCountryLawyer writes "RDR Books, the would-be publisher of the book version of the 'Harry Potter Lexicon' Web site, has filed an appeal from the judge's decision in Warner Bros. Pictures v. RDR Books, the case involving the Harry Potter Lexicon. The judge, after a bench trial, issued an injunction and awarded statutory damages of $6,750 (as we discussed at the time), holding that the Lexicon was not protected by fair use due to (a) sloppiness in attribution in sections, (b) the length of some of the quotes, and (c) imitation of J. K. Rowling's writing style in portions. I recently wrote an article criticizing the opinion, but doubting that an appeal would be taken in view of the small damages award. I guess I underestimated the resolve of the defendants and defendants' lawyers — who include the Stanford Law School Center for Internet and Society."

NewYorkCountryLawyer writes "RDR Books, the would-be publisher of the book version of the 'Harry Potter Lexicon' Web site, has filed an appeal from the judge's decision in Warner Bros. Pictures v. RDR Books, the case involving the Harry Potter Lexicon. The judge, after a bench trial, issued an injunction and awarded statutory damages of $6,750 (as we discussed at the time), holding that the Lexicon was not protected by fair use due to (a) sloppiness in attribution in sections, (b) the length of some of the quotes, and (c) imitation of J. K. Rowling's writing style in portions. I recently wrote an article criticizing the opinion, but doubting that an appeal would be taken in view of the small damages award. I guess I underestimated the resolve of the defendants and defendants' lawyers — who include the Stanford Law School Center for Internet and Society."

NewYorkCountryLawyer writes "RDR Books, the would-be publisher of the book version of the 'Harry Potter Lexicon' Web site, has filed an appeal from the judge's decision in Warner Bros. Pictures v. RDR Books, the case involving the Harry Potter Lexicon. The judge, after a bench trial, issued an injunction and awarded statutory damages of $6,750 (as we discussed at the time), holding that the Lexicon was not protected by fair use due to (a) sloppiness in attribution in sections, (b) the length of some of the quotes, and (c) imitation of J. K. Rowling's writing style in portions. I recently wrote an article criticizing the opinion, but doubting that an appeal would be taken in view of the small damages award. I guess I underestimated the resolve of the defendants and defendants' lawyers — who include the Stanford Law School Center for Internet and Society."

Ahmed Kamal writes "Is Linux getting too old for you? Are you interested to see what other systems such as OpenSolaris have to offer? OpenSolaris has some great features, such as ZFS and dtrace, which make it a great server OS — but how do you think it will fare on a laptop? Let's take an initial look at the most recent OpenSolaris 2008.11 pre-release on recentish laptop hardware."

NewYorkCountryLawyer writes "You may recall that when the RIAA decided to run away with its tail between its legs in the long running Brooklyn case against a home health aide who has never used a computer, UMG v. Lindor, it decided to take some parting shots at the defendant and NewYorkCountryLawyer, asking for 'discovery sanctions,' and blaming them for its inability to prove its case. Today NYCL gave them his response, accusing the RIAA lawyers of persistent misstatements of fact (PDF) throughout their motion papers, and of flouting the rules and misstating the law (PDF). Although the RIAA's motion papers took a number of shots at NYCL's copyright law blog, 'Recording Industry vs. The People,' NYCL confined his response on that subject to a single footnote."

NewYorkCountryLawyer writes "You may recall that when the RIAA decided to run away with its tail between its legs in the long running Brooklyn case against a home health aide who has never used a computer, UMG v. Lindor, it decided to take some parting shots at the defendant and NewYorkCountryLawyer, asking for 'discovery sanctions,' and blaming them for its inability to prove its case. Today NYCL gave them his response, accusing the RIAA lawyers of persistent misstatements of fact (PDF) throughout their motion papers, and of flouting the rules and misstating the law (PDF). Although the RIAA's motion papers took a number of shots at NYCL's copyright law blog, 'Recording Industry vs. The People,' NYCL confined his response on that subject to a single footnote."

NewYorkCountryLawyer writes "You may recall that when the RIAA decided to run away with its tail between its legs in the long running Brooklyn case against a home health aide who has never used a computer, UMG v. Lindor, it decided to take some parting shots at the defendant and NewYorkCountryLawyer, asking for 'discovery sanctions,' and blaming them for its inability to prove its case. Today NYCL gave them his response, accusing the RIAA lawyers of persistent misstatements of fact (PDF) throughout their motion papers, and of flouting the rules and misstating the law (PDF). Although the RIAA's motion papers took a number of shots at NYCL's copyright law blog, 'Recording Industry vs. The People,' NYCL confined his response on that subject to a single footnote."

NewYorkCountryLawyer writes "You may recall that when the RIAA decided to run away with its tail between its legs in the long running Brooklyn case against a home health aide who has never used a computer, UMG v. Lindor, it decided to take some parting shots at the defendant and NewYorkCountryLawyer, asking for 'discovery sanctions,' and blaming them for its inability to prove its case. Today NYCL gave them his response, accusing the RIAA lawyers of persistent misstatements of fact (PDF) throughout their motion papers, and of flouting the rules and misstating the law (PDF). Although the RIAA's motion papers took a number of shots at NYCL's copyright law blog, 'Recording Industry vs. The People,' NYCL confined his response on that subject to a single footnote."

bmsleight writes "The Dutch Ministry of Finance organized an architecture competition to design not a building, but rather the new 5-Euro commemorative coin. The theme was 'Netherlands and Architecture'. The winning design was made 100% with free software, mainly Python, but also including The Gimp, Inkscape, Phatch, and Ubuntu. The design is amazing — the head of Queen Beatrix is made up of the names of architects based on their popularity in Yahoo searches (rendered in a font of the artist's own devising). In the end the artist, Stani Michiels, had to collaborate closely on location with technicians of the Royal Dutch Mint, so all the last bits were done on his Asus Eee PC. Soon, 350,000 Dutch people will use and enjoy the fruits of free software."

bmsleight writes "The Dutch Ministry of Finance organized an architecture competition to design not a building, but rather the new 5-Euro commemorative coin. The theme was 'Netherlands and Architecture'. The winning design was made 100% with free software, mainly Python, but also including The Gimp, Inkscape, Phatch, and Ubuntu. The design is amazing — the head of Queen Beatrix is made up of the names of architects based on their popularity in Yahoo searches (rendered in a font of the artist's own devising). In the end the artist, Stani Michiels, had to collaborate closely on location with technicians of the Royal Dutch Mint, so all the last bits were done on his Asus Eee PC. Soon, 350,000 Dutch people will use and enjoy the fruits of free software."

David Gerard passes along a posting on Google's official blog announcing that they have extended the three-nines SLA for the Premier Edition of Google Apps from Gmail alone to also cover the Calendar, Docs, Sites, and Google Talk services. 99.9% uptime translates to 45 minutes a month of downtime, and the blog post puts this in context with Gmail's historical reliability, which has been between three and four times as good over the last year (10-15 min./mo.). It also claims, based on research by an outside group, that Gmail's historical reliability beats that of in-house hosted solutions such as Groupwise and Exchange, on average. Reader Ian Lamont adds an article in The Standard that digs down into the details of the SLA, revealing for instance that outages of less than 10 minutes aren't counted against the monthly 45 minutes.

The Walking Dude writes "A lengthy article published in Culture Mandala details how China is using cyber warfare (PDF) as an asymmetric means to obtain technology transfer and market dominance. Case studies of Estonia, Georgia, and Project Chanology point towards a new auxiliary arm of traditional warfare. Political hackers and common Web 2.0 users, referred to as useful idiots (PDF), are being manipulated through PSYOPS and propaganda to enhance government agendas."

CWmike writes "Google this week took another step in its effort to shed light on the so-called Dark Web, announcing that its search engine can now search scanned documents in a PDF. In April, Google announced that it was looking for ways for its search engine to index HTML forms such as drop-down boxes or select menus that otherwise couldn't be found or indexed." An announcement is available at the official Google blog, and it contains some demonstration searches.

fons writes "Dutch Python hacker/artist Stani took part in a contest organised by the Dutch Ministry Of Finance to design a 5 euro commemorative coin. And he won, using only free software: 'The whole design was done for 100% with free software. The biggest part consists of custom software in Python, of course within the SPE editor. For the visual power I used PIL and pyCairo. From time to time also Gimp, Inkscape and Phatch helped quite a bit. All the developing and processing was done on GNU/Linux machines which were running Ubuntu/Debian. I would have loved to release the coin under the GPL, which could maybe solve the financial crisis. However for obvious reasons I was not allowed to do that.'"

Pablo Martinez-Almeida writes "Opera CEO Jon S. von Tetzchner confirms that new entrants in the browser market are raising awareness on the mainstream Internet community about the availability of alternatives to the ubiquitous Internet Explorer. 'How has the emergence of WebKit and Chrome changed the market for you? JvT: The effect of Chrome so far has been 20 percent more downloads every day. It's fairly logical when you think about it, because the biggest hurdle we have is all those people that don't realize there's an alternative in the market. Now, with the launch of Chrome there's focus on the choice of browsers in the market.'

An anonymous reader writes "Right on the heels of Microsoft's adoption of the OpenID protocol by announcing their intention to enable OpenID authentication against all Live IDs, Google has announced their intention to join the growing list of OpenID authentication providers. Except it turns out they're using their own version of OpenID that is incompatible with everyone else. It seems that Google will be using their own 'improved' version of OpenID (based upon research and user feedback of the OpenID system) which isn't backwards compatible with OpenID 1.0/2.0, in hopes of improving end-user experience at the cost of protocol compatibility and complexity."

NewYorkCountryLawyer writes "The Boston judge who has consolidated all of the RIAA's Massachusetts cases into a single case over which she has been presiding for the past 5 years delivered something of a rebuke to the RIAA's lawyers, we have learned. At a conference this past June, the transcript of which (PDF) has just been released, Judge Nancy Gertner said to them that they 'have an ethical obligation to fully understand that they are fighting people without lawyers ... to understand that the formalities of this are basically bankrupting people, and it's terribly critical that you stop it ...' She also acknowledged that 'there is a huge imbalance in these cases. The record companies are represented by large law firms with substantial resources,' while it is futile for self-represented defendants to resist. The judge did not seem to acknowledge any responsibility on her part, however, for having created the 'imbalance,' and also stated that the law is 'overwhelmingly on the side of the record companies,' even though she seems to recognize that for the past 5 years she has been hearing only one side of the legal story."

NewYorkCountryLawyer writes "The Boston judge who has consolidated all of the RIAA's Massachusetts cases into a single case over which she has been presiding for the past 5 years delivered something of a rebuke to the RIAA's lawyers, we have learned. At a conference this past June, the transcript of which (PDF) has just been released, Judge Nancy Gertner said to them that they 'have an ethical obligation to fully understand that they are fighting people without lawyers ... to understand that the formalities of this are basically bankrupting people, and it's terribly critical that you stop it ...' She also acknowledged that 'there is a huge imbalance in these cases. The record companies are represented by large law firms with substantial resources,' while it is futile for self-represented defendants to resist. The judge did not seem to acknowledge any responsibility on her part, however, for having created the 'imbalance,' and also stated that the law is 'overwhelmingly on the side of the record companies,' even though she seems to recognize that for the past 5 years she has been hearing only one side of the legal story."

NewYorkCountryLawyer writes "In a landmark ruling, a Canadian court has ruled that a web site's publication of hyperlinks to an allegedly defamatory web site is not in and of itself a 'publication,' and therefore cannot in and of itself constitute defamation. In a 10-page decision [PDF], Crookes v. Wikimedia, Sup. Ct., British Columbia, Judge Keller dismissed the libel case against Jon Newton, the publisher of p2pnet.net, which was based on the fact that his article contained links to the allegedly defamatory site, since hyperlinks, the Court reasoned, are analogous to footnotes, rather than constituting a 'republication.' Mr. Newton was represented in the case by famous libel, slander, and civil liberties lawyer Dan Burnett of Vancouver, British Columbia."

AlexGr writes to tell us that Microsoft apparently has plans to embrace a little known messaging standard called AMQP (Advanced Message Queuing Protocol). Red Hat, a founding member of the AMQP working group, was very excited about the news and wrote to welcome Microsoft to the party. "Suffice it is to say that AMQP is to high-value, reliable business messaging what SMTP is to e-mail. The proprietary message oriented middleware (MOM) products on the market today like IBM's MQ or Tibco's Rendezvous fulfill the same function as AMQP. But they operate exclusively in single-vendor fashion and utterly fail to interoperate with each other. They are also — perhaps not by coincidence — burdensomely expensive. As a result their use is mostly limited to wealthy organizations such as Wall Street banks (at least the ones who are still in business) that need to exchange huge volumes of business messages very reliably and very quickly. But AMQP's supporters feel the market for such reliable messaging could be much larger if a less expensive and truly open solution became available."

MarkWhittington writes "NASA has unveiled a new prototype lunar rover, called the Chariot, a production version of which is hoped to be operational on the lunar surface by 2019. NASA is now testing the Chariot lunar rover in Arizona, on terrain that resembles the lunar surface." Perhaps Arizona's an even closer match to the moon's surface than is Texas, or Moses Lake, WA where NASA was testing the last time we mentioned Chariot. (Here's a bit of video from the Texas round.)

Glyn Moody writes "After running some successful pilots, the Russian government has decided to make open source the standard for all schools. If a school doesn't want to use the free software supplied by the government, it has to buy commercial licenses using its own funds. What's the betting Microsoft starts slashing its prices in Russia?"

bhhenry sends in an InformationWeek report on a recent unannounced change in the iGoogle portal. Quoting: "Google insists that its revised iGoogle personalized home page generates better 'happiness metrics' than the old design, but a vocal group of users isn't happy about the changes." The recent change introduces what Google refers to as "canvas view," which the Official Google Blog claims "... makes iGoogle a more useful homepage and a better platform for developers." Unlike the last major change made to Gmail, there is no option to revert to the old version of iGoogle. iGoogle users are reporting that widgets and themes are broken, Gmail attachments don't work, and valuable screen space is wasted. The Personalizing Google section of Google Groups is full of thousands of complaints about this sudden and unannounced change. Many posters have have stated that they are using the Canadian or UK version of iGoogle or even moving to NetVibes.com to get their preferred layout back. It seems that Google and Yahoo are moving in lockstep in springing forced changes that users hate.

NewYorkCountryLawyer writes "In a San Antonio, Texas case, Maverick v. Harper, in which a young woman was accused of having committed copyright infringement at the age of 16, the Judge denied the RIAA's summary judgment motion this summer, saying there were factual issues as to whether the defendant qualified for the 'innocent infringement' defense. He offered the record companies a way out, however, saying he would grant them a judgment if they agreed to take only $200 — as opposed to the $9,250 they sought from Jammie Thomas or the $750 they usually seek — per infringed recording. We have recently learned that, after the Judge denied the RIAA's reconsideration motion and scheduled a trial date, the RIAA filed papers agreeing to take the $200-per-recording amount. While $200 is still about 600 times the amount of the actual damages, it's better than paying 26,000 times the actual damages, which is what the RIAA tried to squeeze out of Ms. Thomas." This is a reversal of the RIAA's rejection of the $200 award per song last month.

NewYorkCountryLawyer writes "In a San Antonio, Texas case, Maverick v. Harper, in which a young woman was accused of having committed copyright infringement at the age of 16, the Judge denied the RIAA's summary judgment motion this summer, saying there were factual issues as to whether the defendant qualified for the 'innocent infringement' defense. He offered the record companies a way out, however, saying he would grant them a judgment if they agreed to take only $200 — as opposed to the $9,250 they sought from Jammie Thomas or the $750 they usually seek — per infringed recording. We have recently learned that, after the Judge denied the RIAA's reconsideration motion and scheduled a trial date, the RIAA filed papers agreeing to take the $200-per-recording amount. While $200 is still about 600 times the amount of the actual damages, it's better than paying 26,000 times the actual damages, which is what the RIAA tried to squeeze out of Ms. Thomas." This is a reversal of the RIAA's rejection of the $200 award per song last month.

NewYorkCountryLawyer writes "In a San Antonio, Texas case, Maverick v. Harper, in which a young woman was accused of having committed copyright infringement at the age of 16, the Judge denied the RIAA's summary judgment motion this summer, saying there were factual issues as to whether the defendant qualified for the 'innocent infringement' defense. He offered the record companies a way out, however, saying he would grant them a judgment if they agreed to take only $200 — as opposed to the $9,250 they sought from Jammie Thomas or the $750 they usually seek — per infringed recording. We have recently learned that, after the Judge denied the RIAA's reconsideration motion and scheduled a trial date, the RIAA filed papers agreeing to take the $200-per-recording amount. While $200 is still about 600 times the amount of the actual damages, it's better than paying 26,000 times the actual damages, which is what the RIAA tried to squeeze out of Ms. Thomas." This is a reversal of the RIAA's rejection of the $200 award per song last month.

NewYorkCountryLawyer writes "The RIAA, unhappy with the Court's decision setting aside its $222,000 jury verdict over $23.76 worth of song files, and throwing out the legal theory on which it was based, has made a motion for permission to file an appeal from the Judge's order, in Capitol v. Thomas. Normally, only final judgments are appealable, and appeals are not permissible in federal court from 'interlocutory' orders of that nature."

NewYorkCountryLawyer writes "The RIAA, unhappy with the Court's decision setting aside its $222,000 jury verdict over $23.76 worth of song files, and throwing out the legal theory on which it was based, has made a motion for permission to file an appeal from the Judge's order, in Capitol v. Thomas. Normally, only final judgments are appealable, and appeals are not permissible in federal court from 'interlocutory' orders of that nature."

NewYorkCountryLawyer writes "The RIAA, unhappy with the Court's decision setting aside its $222,000 jury verdict over $23.76 worth of song files, and throwing out the legal theory on which it was based, has made a motion for permission to file an appeal from the Judge's order, in Capitol v. Thomas. Normally, only final judgments are appealable, and appeals are not permissible in federal court from 'interlocutory' orders of that nature."

NewYorkCountryLawyer writes "The RIAA, unhappy with the Court's decision setting aside its $222,000 jury verdict over $23.76 worth of song files, and throwing out the legal theory on which it was based, has made a motion for permission to file an appeal from the Judge's order, in Capitol v. Thomas. Normally, only final judgments are appealable, and appeals are not permissible in federal court from 'interlocutory' orders of that nature."

leighklotz writes "The international amateur satellite organization AMSAT is reporting live reception of TV images directly from the orbiting ISS via the ARISS-SSTV project. The images are said to be preparations for the upcoming visit to the ISS by Richard Garriot (W5KWQ), which will provide images from space as part of the Windows on Earth project."

dominique_cimafranca writes "The Dynamic Graphics Project of the University of Toronto has released a pretty nifty 3D curve sketching system. Apart from the large drawing area, the tablet software looks very intuitive to artists. From the site: 'The system coherently integrates existing techniques of sketch-based interaction with a number of novel and enhanced features. Novel contributions of the system include automatic view rotation to improve curve sketchability, an axis widget for sketch surface selection, and implicitly inferred changes between sketching techniques. We also improve on a number of existing ideas such as a virtual sketchbook, simplified 2D and 3D view navigation, multi-stroke NURBS curve creation, and a cohesive gesture vocabulary.'"

BT (the incumbent telephone company in the United Kingdom) are in the process of spending millions of pounds on upgrading their network to an all-IP core. However, they have failed to consider 21st Century protocol support, preferring to insist that IPv4 is enough for everyone. Haven't they noticed the IPv4 exhaustion report yet?

Lorien_the_first_one writes "After years of wrangling, TiVo has won its day in court against Dish Network, formerly known as the EchoStar, when the Supreme Court declined to take up Dish Network's appeal, forcing the satellite television company to pay $104 million in damages. According to the article, 'TiVo originally won a patent infringement case in 2004 against Dish, which was then named EchoStar Communications. It charged that Dish illegally copied its technology, which allows people to pause, rewind, and record live television on digital video recorders.' Despite an injunction, Dish continued distributing its set-top boxes in the belief that the work-around they had implemented avoided infringing TiVo's patents. Now the case goes back to the lower court for review to determine if they did indeed steer clear of those patents."

NewYorkCountryLawyer writes "In Arista v. Does 1-17, the RIAA's case targeting students at the University of Oregon, the Oregon Attorney General's motion to quash the RIAA's subpoena — pending for about a year — has reached a perplexing conclusion. The Court agreed with the University that the subpoena, as worded, imposed an undue burden on the University by requiring it to produce 'sufficient information to identify alleged infringers,' which would have required the University to 'conduct an investigation,' but then allowed the RIAA to subpoena the identities of 'persons associated by dorm room occupancy or username with the 17 IP addresses listed' even though those people may be completely innocent. In his 8-page decision (PDF), the Judge also 'presumed' the RIAA lawyers' misrepresentations were an 'honest mistake,' made no reference at all to the fact, pointed out by the Attorney General, that the RIAA investigators (Safenet, formerly MediaSentry) were not licensed, rejected all of the AG's privacy arguments under both state and federal law, and rejected the AG's request for discovery into the RIAA's investigative tactics."

NewYorkCountryLawyer writes "In Arista v. Does 1-17, the RIAA's case targeting students at the University of Oregon, the Oregon Attorney General's motion to quash the RIAA's subpoena — pending for about a year — has reached a perplexing conclusion. The Court agreed with the University that the subpoena, as worded, imposed an undue burden on the University by requiring it to produce 'sufficient information to identify alleged infringers,' which would have required the University to 'conduct an investigation,' but then allowed the RIAA to subpoena the identities of 'persons associated by dorm room occupancy or username with the 17 IP addresses listed' even though those people may be completely innocent. In his 8-page decision (PDF), the Judge also 'presumed' the RIAA lawyers' misrepresentations were an 'honest mistake,' made no reference at all to the fact, pointed out by the Attorney General, that the RIAA investigators (Safenet, formerly MediaSentry) were not licensed, rejected all of the AG's privacy arguments under both state and federal law, and rejected the AG's request for discovery into the RIAA's investigative tactics."

NewYorkCountryLawyer writes "In Arista v. Does 1-17, the RIAA's case targeting students at the University of Oregon, the Oregon Attorney General's motion to quash the RIAA's subpoena — pending for about a year — has reached a perplexing conclusion. The Court agreed with the University that the subpoena, as worded, imposed an undue burden on the University by requiring it to produce 'sufficient information to identify alleged infringers,' which would have required the University to 'conduct an investigation,' but then allowed the RIAA to subpoena the identities of 'persons associated by dorm room occupancy or username with the 17 IP addresses listed' even though those people may be completely innocent. In his 8-page decision (PDF), the Judge also 'presumed' the RIAA lawyers' misrepresentations were an 'honest mistake,' made no reference at all to the fact, pointed out by the Attorney General, that the RIAA investigators (Safenet, formerly MediaSentry) were not licensed, rejected all of the AG's privacy arguments under both state and federal law, and rejected the AG's request for discovery into the RIAA's investigative tactics."

An anonymous reader writes "Blogger and ex-Linspire CEO Kevin Carmony reports that Michael Robertson has been sued by a Linspire shareholder to get to the bottom of what happened to Linspire's assets. One hundred shareholders have been left uninformed as to what happened to the company and its assets after Linspire was sold to Xandros a few months back."

justme8800 writes "The DSi has a bigger screen, an SD card expansion, a 0.3 megapixel camera, is thinner (no GBA slot), and has improved audio. To be released in Japan on November 1st, everywhere else sometime in 2009."