Domain: blogspot.com
Stories and comments across the archive that link to blogspot.com.
Stories · 3,021
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Judge Refuses To Sign RIAA 'Ex Parte' Order
NewYorkCountryLawyer writes "The RIAA just can't get enough of going after University of Maine students, but it appears that the judges in Portland, Maine, may be getting wise to the industry's lawyers' antics. RIAA counsel submitted yet another ex parte discovery order to the Court ('ex parte' meaning 'without notice'), in BMG v. Does 1-11, but this time the judge refused to sign, pointing out that there is no emergency since there is no evidence that records are about to be destroyed [PDF]. This is the same judge who has previously suggested the imposition of Rule 11 sanctions against the RIAA lawyers, accusing them of gamesmanship." -
SoCal Selene Group Drops Google Lunar X Prize Bid
anzha writes "On Saturday, after the vaunted First Team Summit was completed in Strasbourg, The Southern California Selene Group announced publicly that they are dropping out of the Google Lunar X Prize. Citing very strong differences in opinions over how the X Prize was being run, the team felt they could no longer participate. On the flip side, the X Prize Foundation announced at the team summit that there are four new teams. With the drop out, there are now thirteen official competitive teams. Assuredly, there are more to come." -
"Nightlife" Harnesses Idle Fedora Nodes For Research
A. B. VerHausen writes "If you've given up on SETI, now you can let your idle computer help with other kinds of scientific research. Red Hat employee Bryan Che started a project called Nightlife. He wants people to 'donate idle capacity from their own computers to an open, general-purpose Fedora-run grid for processing socially beneficial work and scientific research that requires access to large amounts of computing power.'" Che hopes to have more than a million Fedora nodes running as part of this project. -
YouTube Fires Back At Viacom
NewYorkCountryLawyer writes "As we say in the legal profession, 'issue has been joined' in Viacom v. YouTube. In its answer to Viacom's complaint (PDF), filed Friday, YouTube says Viacom's lawsuit is intended to 'challenge... the protections of the Digital Millennium Copyright Act ("DMCA") that Congress enacted a decade ago to encourage the development of services like YouTube.' It goes on to say that the suit 'threatens the way hundreds of millions of people legitimately exchange information, news, entertainment, and political and artistic expression.'" -
YouTube Fires Back At Viacom
NewYorkCountryLawyer writes "As we say in the legal profession, 'issue has been joined' in Viacom v. YouTube. In its answer to Viacom's complaint (PDF), filed Friday, YouTube says Viacom's lawsuit is intended to 'challenge... the protections of the Digital Millennium Copyright Act ("DMCA") that Congress enacted a decade ago to encourage the development of services like YouTube.' It goes on to say that the suit 'threatens the way hundreds of millions of people legitimately exchange information, news, entertainment, and political and artistic expression.'" -
YouTube Fires Back At Viacom
NewYorkCountryLawyer writes "As we say in the legal profession, 'issue has been joined' in Viacom v. YouTube. In its answer to Viacom's complaint (PDF), filed Friday, YouTube says Viacom's lawsuit is intended to 'challenge... the protections of the Digital Millennium Copyright Act ("DMCA") that Congress enacted a decade ago to encourage the development of services like YouTube.' It goes on to say that the suit 'threatens the way hundreds of millions of people legitimately exchange information, news, entertainment, and political and artistic expression.'" -
Consumer Reports Gets Its Game On
Itninja writes "A few days ago Consumer Reports posted their first report on a specific video game: Wii Fit. From the article: 'Our testers ranged in age from 24 to 69 and included 10 women and five men. Users ran the gamut from regular exercisers to mostly sedentary folks.' Will this be a harbinger of things to come? Will CR be reviewing the next installment of Gran Turismo?" -
$4 Million In Fines For Linking To Infringing Files
I Don't Believe in Imaginary Property writes "The MPAA won judgments totaling $4M against two sites which merely link to infringing content. They're not arguing that it's an infringement of their distribution right, like the RIAA has with their 'making available' argument. Instead, they got the sites for 'contributory copyright infringement', just like RIAA v. LimeWire. To translate all that legalese into English, search engines which primarily index copyright-infringing material and the people who run them may not be safe in the US. That applies even if the sites in question do not host any infringing materials, participate in, or encourage the infringement done by their users. And, even honoring DMCA notices in order to take advantage of the DMCA Safe Harbor provisions hasn't prevented the **AA from suing." -
Google Opens Up (Some) Search Algorithms
overmars writes "After years of closely guarding the formula for its search algorithms, Google is opening up a little. The search engine company has kept its search formula a closely guarded secret for two reasons: competition and to prevent abuse, said Udi Manber, Google's vice president of engineering, search quality, in a post on the corporate blog. Manber said the blog post is the first part of a renewed effort at the company 'to open up a bit more than we have in the past.' Manber said the most famous part of Google's ranking algorithm is PageRank, an algorithm developed by Google cofounders Larry Page and Sergey Brin. While PageRank is still in use, it is a 'part of a much larger system,' he said. 'Other parts include language models (the ability to handle phrases, synonyms, diacritics, spelling mistakes, and so on), query models (it's not just the language, it's how people use it today), time models (some queries are best answered with a 30-minutes old page, and some are better answered with a page that stood the test of time), and personalized models (not all people want the same thing),' he said." -
Mark Shuttleworth Reveals Ubuntu Netbook Remix
Glyn Moody writes "In an interview with the Guardian today, Mark Shuttleworth talks about the upcoming Ubuntu Netbook Remix, a tailored version for ultraportables, produced in collaboration with Intel." The new version of Ubuntu is barely mentioned in this interview, but it's tantalizing -- SUSE looks nice on the HP Mininotes, but for people who are used to and enjoy Ubuntu, it's an option to look forward to. -
It's Not Time for OSS Release Cycle Synchronization
Bakkies Botha writes "Ars Technica weighs in with some detailed analysis on the controversial issue of open source release cycle synchronization. Ars explains how time-based release cycles work and takes a close look at how the release management strategy suggested by Ubuntu founder Mark Shuttleworth would impact open source software projects. Ars concludes that Shuttleworth's proposal isn't currently viable and argues that the BFDL is overstating the potential to simplify development with better version control tools. Ars also examines a counter-proposal offered by KDE developer Aaron Seigo and explains how it enables users to get the same benefits of synchronization without disrupting upstream development." -
Blender 2.46 Released
The Penguin Man writes to mention the latest release of Blender, the popular open-source 3D graphics suite was officially launched today. You can download it from Blender.org. The culmination of half a year's work has resulted in many new features including a new particle system, approximate AO, the new cloth simulation system, and much more! -
Honeywell & Airbus To Turn Algae Into Jet Fuel
mystermarque alerts us to an announcement by Honeywell, JetBlue Airways, International Aero Engines, and Airbus about a program to develop jet fuel from algae and other biomass. They hope to supply nearly 1/3 of the demand for jet fuel from these sources by 2030. A Wall Street Journal blog points out that even if this program's goals are met, we will be worse off by 2030 in terms of jet kerosene released into the atmosphere, assuming that the rapid growth in the aviation sector continues apace. -
IE 7.0/8.0b Code Execution 0-Day Released
SecureThroughObscure writes "Security blogger and researcher Nate McFeters blogged about a 0-day exploit affecting IE7 and IE8 beta on XP that was released by noted security researcher Aviv Raff. The flaw is a 'cross-zone scripting' flaw that takes advantage of the fact that printing HTML web pages occurs in the Local Machine Zone in IE rather than in the Internet Zone. Quoting McFeters's post: 'This is currently unpatched and in all of its 0-day glory, so for the time being, beware printing using the "print table of links" option when printing web pages.' McFeters and others will be presenting at Black Hat on the link between cross-site scripting and cross-zone. Rob Carter has been hitting this hard over at his blog, pointing out cross-zone weaknesses in Azureus, uTorrent, and the Eclipse platform." -
Judge in Capitol v. Thomas Considers New Trial
Jay Maynard writes "The judge in Capitol Records v. Thomas said today he's thinking about granting a new trial because he may have committed a 'manifest error of law' in his jury instructions. He says that his instruction that simply uploading music to a P2P network without any proof that anyone actually downloaded it may conflict with a case in the Eighth Circuit Court of Appeals that said 'infringement of [the distribution right] requires an actual dissemination.' Briefs are due by May 29, with oral argument July 1. The judge invited friend of the court briefs by May 29, as well." NewYorkCountryLawyer links to the Judge's order itself (PDF), in which the Judge notes that he may (in NYCL's words) "have overlooked controlling Eighth Circuit authority, the case of National Car Rental v. Computer Associates, which held that you can't have a violation of the 'distribution right' without an 'actual dissemination of copies or phonorecords.'" Update: 05/15 18:54 GMT by T : Note that while the linked story as well as Jay Maynard's summary use the term "upload," Thomas wasn't uploading the files themselves, only making them available. -
Shuttleworth Calls For Coordinated Release Cycles
voodoosws points out on Mark Shuttleworth's blog Shuttleworth's call for synchronized publication of Linux distributions, excerpting: "There's one thing that could convince me to change the date of the next Ubuntu LTS: the opportunity to collaborate with the other, large distributions on a coordinated major / minor release cycle. If two out of three of Red Hat (RHEL), Novell (SLES) and Debian are willing to agree in advance on a date to the nearest month, and thereby on a combination of kernel, compiler toolchain, GNOME/KDE, X and OpenOffice versions, and agree to a six-month and 2-3 year long term cycle, then I would happily realign Ubuntu's short and long-term cycles around that. I think the benefits of this sort of alignment to users, upstreams and the distributions themselves would be enormous. I'll write more about this idea in due course, for now let's just call it my dream of true free software syncronicity." -
UMG Calls Infringement Damages "Excessive"
I Don't Believe in Imaginary Property writes "Why would UMG, one of the four major RIAA members, consider an infringement award 'grossly excessive'? Naturally, because they were the ones ordered to pay it. While they had no trouble with Jammie Thomas being ordered to pay $222k, some 13,214 times the actual costs, they thought that being ordered to pay ten times the actual damages in Bridgeport v. Justin Combs was just too much. Then again, maybe that's why they didn't complain back when the increased statutory damages section was cut from the PRO-IP Act? Now if they could just cut the rest of the act." -
Vatican Says Alien Life Plausible
An anonymous reader writes "According to BBC, the director of the Vatican Observatory stated in an article titled 'Aliens Are My Brother' that intelligent beings created by God could exist in outer space. 'The search for forms of extraterrestrial life does not contradict belief in God. — Just as there are multiple forms of life on earth, so there could exist intelligent beings in outer space created by God.' Mind that this is not the same director who said that evolution is more than a mere theory — that was Father Coyne. I myself agree. There might be intelligent beings created by God in outer space even if there are none here on earth." -
Mono's WinForms 2.0 Implementation Completed
adrian.henke writes "After four years of development, 115K lines of source code, and 6,434 commits, Jonathan Pobst announces that Mono's WinForms 2.0 implementation is now complete. This announcement has been long awaited by any .NET WinForms developer who has ever tried to get an applications to work on Linux using Mono." -
Google Begins Blurring Faces In Street View
mytrip notes a News.com article reporting that Google has begun blurring faces in its Street View service, which has spawned privacy concerns since its introduction last year. Google has been working for a couple of years to advance the state of the art of face recognition. Quoting News.com: 'The technology uses a computer algorithm to scour Google's image database for faces, then blurs them, said John Hanke, director of Google Earth and Google Maps, in an interview at the Where 2.0 conference...' Google wrote about the program in their Lat/Long blog." -
RIAA Lawyer Jumps Ship
NewYorkCountryLawyer writes "The RIAA's top litigation lawyer, who has been personally leading the RIAA's litigation campaign for the past several years, Richard Gabriel, will be leaving his law practice after getting a job as a state court judge for a 2-year term in Colorado. What this will mean to the RIAA's litigation machine is anyone's guess. Mr. Gabriel has personally argued all of the RIAA's main cases, including Elektra v. Barker, Atlantic v. Howell, Atlantic v. Brennan, Capitol v. Foster, Atlantic v. Andersen, UMG v. Lindor, and London-Sire v. Doe 1, and personally tried the Capitol v. Thomas case, the only RIAA case that has ever gone to trial. He was working directly under the supervision of the RIAA's mysterious 'representative' Matthew Oppenheim." -
RIAA Lawyer Jumps Ship
NewYorkCountryLawyer writes "The RIAA's top litigation lawyer, who has been personally leading the RIAA's litigation campaign for the past several years, Richard Gabriel, will be leaving his law practice after getting a job as a state court judge for a 2-year term in Colorado. What this will mean to the RIAA's litigation machine is anyone's guess. Mr. Gabriel has personally argued all of the RIAA's main cases, including Elektra v. Barker, Atlantic v. Howell, Atlantic v. Brennan, Capitol v. Foster, Atlantic v. Andersen, UMG v. Lindor, and London-Sire v. Doe 1, and personally tried the Capitol v. Thomas case, the only RIAA case that has ever gone to trial. He was working directly under the supervision of the RIAA's mysterious 'representative' Matthew Oppenheim." -
RIAA Lawyer Jumps Ship
NewYorkCountryLawyer writes "The RIAA's top litigation lawyer, who has been personally leading the RIAA's litigation campaign for the past several years, Richard Gabriel, will be leaving his law practice after getting a job as a state court judge for a 2-year term in Colorado. What this will mean to the RIAA's litigation machine is anyone's guess. Mr. Gabriel has personally argued all of the RIAA's main cases, including Elektra v. Barker, Atlantic v. Howell, Atlantic v. Brennan, Capitol v. Foster, Atlantic v. Andersen, UMG v. Lindor, and London-Sire v. Doe 1, and personally tried the Capitol v. Thomas case, the only RIAA case that has ever gone to trial. He was working directly under the supervision of the RIAA's mysterious 'representative' Matthew Oppenheim." -
Google, Sprint, Others to Build Wireless Data Network
Nerdposeur writes "Google has announced that it will partner with several other companies to build a high-speed mobile data network. In a separate but related deal, Google will also become the default search provider for Sprint, including having one-click search access and Google Maps pre-installed on some Sprint phones. 'The consortium includes a disparate group of partners: Sprint Nextel, Google, Intel, Comcast, Time Warner and Clearwire. The partners have put the value of the deal at $14.5 billion, a figure that includes radio spectrum and equipment provided by Sprint Nextel and Clearwire, and $3.2 billion from the others involved. They expect the network, which will provide the next generation of high-speed Internet access for cellphone users, to be built in as little as two years, but there is no timetable on when it will be available to users and the price is not determined. The partners are seeking to beat Verizon Wireless and AT&T Wireless to the market.'" -
Florida Judge Smacks Down RIAA
NewYorkCountryLawyer writes "The RIAA is going to have to face the music in Tampa, Florida, and answer the charges of extortion, trespass, conspiracy, unlicensed investigation, and computer fraud and abuse that have been leveled against them there. And the judge delivered his ruling against them in in pretty unceremonious fashion — receiving their dismissal motion last night, and denying the motion this morning. The RIAA's unvarying M.O., when hit with counterclaims, is to make a motion to dismiss them. It did just that in one Tampa case, UMG v. Del Cid, but the judge upheld 5 of the 6 counterclaims. The RIAA quickly settled that one. When a new case came up in the same Tampa courthouse before the very same judge, and the same 5 counterclaims were leveled against the record companies, I opined that 'it is highly unlikely that the RIAA will make a motion to dismiss counterclaims,' since I knew they'd be risking sanctions if they did. Well I guess I underestimated the chutzpah — or the propensity for frivolous motion practice — of the RIAA lawyers, as they in essence thumbed their nose at the judge, making the dismissal motion anyway, telling District Judge Richard A. Lazzara that his earlier decision had been wrong. The judge wasted no time telling the record companies that he did not agree (PDF)." -
Florida Judge Smacks Down RIAA
NewYorkCountryLawyer writes "The RIAA is going to have to face the music in Tampa, Florida, and answer the charges of extortion, trespass, conspiracy, unlicensed investigation, and computer fraud and abuse that have been leveled against them there. And the judge delivered his ruling against them in in pretty unceremonious fashion — receiving their dismissal motion last night, and denying the motion this morning. The RIAA's unvarying M.O., when hit with counterclaims, is to make a motion to dismiss them. It did just that in one Tampa case, UMG v. Del Cid, but the judge upheld 5 of the 6 counterclaims. The RIAA quickly settled that one. When a new case came up in the same Tampa courthouse before the very same judge, and the same 5 counterclaims were leveled against the record companies, I opined that 'it is highly unlikely that the RIAA will make a motion to dismiss counterclaims,' since I knew they'd be risking sanctions if they did. Well I guess I underestimated the chutzpah — or the propensity for frivolous motion practice — of the RIAA lawyers, as they in essence thumbed their nose at the judge, making the dismissal motion anyway, telling District Judge Richard A. Lazzara that his earlier decision had been wrong. The judge wasted no time telling the record companies that he did not agree (PDF)." -
Florida Judge Smacks Down RIAA
NewYorkCountryLawyer writes "The RIAA is going to have to face the music in Tampa, Florida, and answer the charges of extortion, trespass, conspiracy, unlicensed investigation, and computer fraud and abuse that have been leveled against them there. And the judge delivered his ruling against them in in pretty unceremonious fashion — receiving their dismissal motion last night, and denying the motion this morning. The RIAA's unvarying M.O., when hit with counterclaims, is to make a motion to dismiss them. It did just that in one Tampa case, UMG v. Del Cid, but the judge upheld 5 of the 6 counterclaims. The RIAA quickly settled that one. When a new case came up in the same Tampa courthouse before the very same judge, and the same 5 counterclaims were leveled against the record companies, I opined that 'it is highly unlikely that the RIAA will make a motion to dismiss counterclaims,' since I knew they'd be risking sanctions if they did. Well I guess I underestimated the chutzpah — or the propensity for frivolous motion practice — of the RIAA lawyers, as they in essence thumbed their nose at the judge, making the dismissal motion anyway, telling District Judge Richard A. Lazzara that his earlier decision had been wrong. The judge wasted no time telling the record companies that he did not agree (PDF)." -
NewYorkCountryLawyer Debates RIAA VP
NewYorkCountryLawyer writes "At Fordham Law School's annual IP Law Conference this year, Slashdot member NewYorkCountryLawyer had a chance to square off with Kenneth Doroshow, a Senior Vice President of the RIAA, over the subject of copyright statutory damages. Doroshow thought the Jammie Thomas verdict of $222,000 was okay, he said, since Ms. Thomas might have distributed 10 million unauthorized copies. NYCL, on the other hand, who has previously derided the $9,250-per-song file verdict as 'one of the most irrational things [he has] ever seen in [his] life in the law', stated at the Fordham conference that the verdict had made the United States 'a laughingstock throughout the world.' An Australian professor on the panel said, 'The comment has been made a few times that America is out of whack and you are a laughingstock in the rest of the world. As the only non-American on the panel, that's true. We do see the cases like Thomas in our newspapers, and we think: "Wow, those crazy Americans, what are they up to now?" This whole notion of statutory damages is not something that we have within our Copyright Act. You actually have to be able to prove damage for you to be able to be compensated for that.' NYCL also got to debate the 'making available' issue, saying that there was no 'making available' right in US copyright law, despite the insistence of the program's moderator, the 'keynote' speaker, and a 'majority vote' of the audience that there was such a right. The next day, two decisions came down, and a month later yet another decision came down, all rejecting the 'making available' theory." -
NewYorkCountryLawyer Debates RIAA VP
NewYorkCountryLawyer writes "At Fordham Law School's annual IP Law Conference this year, Slashdot member NewYorkCountryLawyer had a chance to square off with Kenneth Doroshow, a Senior Vice President of the RIAA, over the subject of copyright statutory damages. Doroshow thought the Jammie Thomas verdict of $222,000 was okay, he said, since Ms. Thomas might have distributed 10 million unauthorized copies. NYCL, on the other hand, who has previously derided the $9,250-per-song file verdict as 'one of the most irrational things [he has] ever seen in [his] life in the law', stated at the Fordham conference that the verdict had made the United States 'a laughingstock throughout the world.' An Australian professor on the panel said, 'The comment has been made a few times that America is out of whack and you are a laughingstock in the rest of the world. As the only non-American on the panel, that's true. We do see the cases like Thomas in our newspapers, and we think: "Wow, those crazy Americans, what are they up to now?" This whole notion of statutory damages is not something that we have within our Copyright Act. You actually have to be able to prove damage for you to be able to be compensated for that.' NYCL also got to debate the 'making available' issue, saying that there was no 'making available' right in US copyright law, despite the insistence of the program's moderator, the 'keynote' speaker, and a 'majority vote' of the audience that there was such a right. The next day, two decisions came down, and a month later yet another decision came down, all rejecting the 'making available' theory." -
NewYorkCountryLawyer Debates RIAA VP
NewYorkCountryLawyer writes "At Fordham Law School's annual IP Law Conference this year, Slashdot member NewYorkCountryLawyer had a chance to square off with Kenneth Doroshow, a Senior Vice President of the RIAA, over the subject of copyright statutory damages. Doroshow thought the Jammie Thomas verdict of $222,000 was okay, he said, since Ms. Thomas might have distributed 10 million unauthorized copies. NYCL, on the other hand, who has previously derided the $9,250-per-song file verdict as 'one of the most irrational things [he has] ever seen in [his] life in the law', stated at the Fordham conference that the verdict had made the United States 'a laughingstock throughout the world.' An Australian professor on the panel said, 'The comment has been made a few times that America is out of whack and you are a laughingstock in the rest of the world. As the only non-American on the panel, that's true. We do see the cases like Thomas in our newspapers, and we think: "Wow, those crazy Americans, what are they up to now?" This whole notion of statutory damages is not something that we have within our Copyright Act. You actually have to be able to prove damage for you to be able to be compensated for that.' NYCL also got to debate the 'making available' issue, saying that there was no 'making available' right in US copyright law, despite the insistence of the program's moderator, the 'keynote' speaker, and a 'majority vote' of the audience that there was such a right. The next day, two decisions came down, and a month later yet another decision came down, all rejecting the 'making available' theory." -
NewYorkCountryLawyer Debates RIAA VP
NewYorkCountryLawyer writes "At Fordham Law School's annual IP Law Conference this year, Slashdot member NewYorkCountryLawyer had a chance to square off with Kenneth Doroshow, a Senior Vice President of the RIAA, over the subject of copyright statutory damages. Doroshow thought the Jammie Thomas verdict of $222,000 was okay, he said, since Ms. Thomas might have distributed 10 million unauthorized copies. NYCL, on the other hand, who has previously derided the $9,250-per-song file verdict as 'one of the most irrational things [he has] ever seen in [his] life in the law', stated at the Fordham conference that the verdict had made the United States 'a laughingstock throughout the world.' An Australian professor on the panel said, 'The comment has been made a few times that America is out of whack and you are a laughingstock in the rest of the world. As the only non-American on the panel, that's true. We do see the cases like Thomas in our newspapers, and we think: "Wow, those crazy Americans, what are they up to now?" This whole notion of statutory damages is not something that we have within our Copyright Act. You actually have to be able to prove damage for you to be able to be compensated for that.' NYCL also got to debate the 'making available' issue, saying that there was no 'making available' right in US copyright law, despite the insistence of the program's moderator, the 'keynote' speaker, and a 'majority vote' of the audience that there was such a right. The next day, two decisions came down, and a month later yet another decision came down, all rejecting the 'making available' theory." -
Virginia Top Court to Re-Hear Spammer's Conviction
arbitraryaardvark writes "Mega-spammer Jeremy Jaynes was convicted in Virginia of spamming in '05, sentenced to 9 years, and lost his appeal, 4-3, at the Virgina Supreme Court. But the court has just ordered a new hearing on whether the anti-spam statute is unconstitutional under the First Amendment. Slashdot previously covered the appeal and the conviction." -
PRO-IP Act Passes Judiciary Committee
I Don't Believe in Imaginary Property writes "The Pro-IP Act has passed the Judiciary Committee unanimously, thanks to the support of committee chairman Rep. John Conyers (D-MI). We've discussed this before — it's the same bill which would create copyright cops with the power to seize computers, when powers like that have been systematically abused in other areas. But, apparently, they think the bill is just wonderful now, simply because they cut the provision that would've increased statutory damages while keeping the rest. This is the same bill that William Patry called the 'most outrageously gluttonous IP bill ever introduced in the US.'" While we're on the subject of intellectual property, Canadian law professor Michael Geist gave a talk on Monday about "copyright myths." -
Arizona Judge Shoots Down RIAA Theories
NewYorkCountryLawyer writes "In Atlantic v. Howell, the judge has totally eviscerated the RIAA's theories of 'making available' and 'offering to distribute.' In a 17-page opinion (PDF), District Judge Neil V. Wake carefully analyzed the statute and case law, and based on a 'plain reading of the statute' concluded that 'Unless a copy of the work changes hands in one of the designated ways, a "distribution" under [sec.] 106(3) has not taken place.' The judge also questioned the sufficiency of the RIAA's evidence pointing towards defendant, as opposed to other members of his household. This is the Phoenix, Arizona, case in which the defendant is representing himself, but received some timely help from his friends. And it's the same case in which the RIAA suggested that Mr. Howell's MP3s, copied from his CDs, were unlawful. One commentator calls today's decision 'Another bad day for the RIAA.'" -
Arizona Judge Shoots Down RIAA Theories
NewYorkCountryLawyer writes "In Atlantic v. Howell, the judge has totally eviscerated the RIAA's theories of 'making available' and 'offering to distribute.' In a 17-page opinion (PDF), District Judge Neil V. Wake carefully analyzed the statute and case law, and based on a 'plain reading of the statute' concluded that 'Unless a copy of the work changes hands in one of the designated ways, a "distribution" under [sec.] 106(3) has not taken place.' The judge also questioned the sufficiency of the RIAA's evidence pointing towards defendant, as opposed to other members of his household. This is the Phoenix, Arizona, case in which the defendant is representing himself, but received some timely help from his friends. And it's the same case in which the RIAA suggested that Mr. Howell's MP3s, copied from his CDs, were unlawful. One commentator calls today's decision 'Another bad day for the RIAA.'" -
Copyright Expert Uninvited From Canada Policy Forum
earthforce_1 writes "The vested interests of restrictive copyright are stacking the deck in Canada. The Public Policy Forum Symposium on intellectual property reform has bowed to pressure from certain interests and dis-invited noted copyright scholar Howard Knopf. The forum's stated mandate is '...to strive for excellence in government — to serve as a neutral, independent forum for open dialogue on public policy, and to encourage reform in public sector management.' For some reason, the US Ambassador to Canada and the former head of the Canadian Motion Picture Industry Association have been invited — apparently they are perceived to have a more neutral view of what Canadian copyright laws should be? More information at Howard Knopf's blog." -
Is Google Neglecting Blogger?
Ian Lamont writes "For years, I've been frustrated by Blogger's relatively limited functionality and other problems. For instance, we've heard about Blogger's security flaws since the beginning of this decade. Blogger's latest problem, which lets bots bypass CAPTCHAs in order to set up spam blogs, is not just a sign of Google's disregard for security — it's symptomatic of Google's neglect of its Blogger service. For instance, Blogger is just now rolling out a feature that lets writers publish in the future, years after similar functionality was released in Wordpress and Moveable Type. Is Blogger destined to be a sideshow as long as Google keeps acquiring and building more high-profile services, such as Google Maps and YouTube?" -
BusinessWeek Takes On the RIAA
NewYorkCountryLawyer writes "BusinessWeek magazine has gone medieval on the RIAA, recounting in grisly detail the cruel ordeal to which the RIAA has subjected a completely innocent defendant, Tanya Andersen of Oregon. Nobody can read the story and come to any other conclusion than that the RIAA and its lawyers are total jerks. Of course we've been reading about Atlantic v. Andersen on p2pnet.net and on my blog, and discussing it here, but there's something extra special about a mainstream publication like Business Week really letting them have it." -
BusinessWeek Takes On the RIAA
NewYorkCountryLawyer writes "BusinessWeek magazine has gone medieval on the RIAA, recounting in grisly detail the cruel ordeal to which the RIAA has subjected a completely innocent defendant, Tanya Andersen of Oregon. Nobody can read the story and come to any other conclusion than that the RIAA and its lawyers are total jerks. Of course we've been reading about Atlantic v. Andersen on p2pnet.net and on my blog, and discussing it here, but there's something extra special about a mainstream publication like Business Week really letting them have it." -
ISP Sued By Irish RIAA
NewYorkCountryLawyer writes "An ISP in Ireland has been sued by the Big Four record labels because its subscribers have engaged in P2P sharing of the record companies' song files. The record companies claim the ISP should be buying Audible Magic's CopySense, the software being peddled by the RIAA's expert witness, which supposedly would filter out copyright infringement. Of course, not everyone agrees." -
Marshall University Challenges RIAA
NewYorkCountryLawyer writes "Marshall University, in Huntington, West Virginia, has become just the second US college or university to show the moxie to stand up for its students instead of instantly caving in to RIAA extortion. In February, Marshall, represented by the Attorney General of the State of West Virginia, made a motion to quash the RIAA's subpoena for student identities, pointing out in exquisite detail in its long-time IT guy's affidavit (PDF) the impossibility of identifying copyright 'infringers' based on the RIAA's meager evidence. Unfortunately, the Magistrate — under the mistaken impression that the RIAA isn't going to sue the identified students, but merely wants to talk to them — recommended that the subpoena be okayed by the District Judge (PDF). It is not yet known whether Marshall will be filing objections. The first US college or university known to have attacked the RIAA's subpoena was the University of Oregon, which — also represented by its state's Attorney General — made a motion to quash last November, and even questioned the legality of the RIAA's methods. The Oregon motion is still pending." -
Google Announces Summer of Code 2008 Projects
An anonymous reader writes "Google announced today it had accepted 1,125 students to work on 175 Free and Open Source Projects this summer. This represents an increase of almost 25% over last year. Nearly 7,100 applications were received. For those who weren't accepted, there is an offer to send Google Swag to any student who completes their project anyway." -
WiiMan, the Nintendo Wii Super Hero
rafaelmizrahi writes "WiiMan the Super Hero is a full action figure costume of a super hero that functions as a Nintendo WiiMote remote. Having trouble playing Wii? WiiMan to the rescue. This GarageGeeks project combines Gaming, Technology and Useless Activity to the extreme. Rafael Mizrahi, an artificial vision and experience explorer at Feng-GUI and a GarageGeeks member along with Yael Hertzog built this custom costume that acts as a fully functional Nintendo WiiMote remote with buttons, bluetooth, accelerometers, and an IR cam. BTW, last year, they built another hero, The Guitar Hero Noid, a robot built with Tal Chalozin that plays the PlayStation game Guitar Hero." (You might have better luck reaching the GarageGeeks site's Google cache.) -
WiiMan, the Nintendo Wii Super Hero
rafaelmizrahi writes "WiiMan the Super Hero is a full action figure costume of a super hero that functions as a Nintendo WiiMote remote. Having trouble playing Wii? WiiMan to the rescue. This GarageGeeks project combines Gaming, Technology and Useless Activity to the extreme. Rafael Mizrahi, an artificial vision and experience explorer at Feng-GUI and a GarageGeeks member along with Yael Hertzog built this custom costume that acts as a fully functional Nintendo WiiMote remote with buttons, bluetooth, accelerometers, and an IR cam. BTW, last year, they built another hero, The Guitar Hero Noid, a robot built with Tal Chalozin that plays the PlayStation game Guitar Hero." (You might have better luck reaching the GarageGeeks site's Google cache.) -
RIAA Sues Homeless Man
NewYorkCountryLawyer writes "In a Manhattan case, Warner v. Berry, the RIAA sued a man who lives in a homeless shelter, leaving a copy of the summons and complaint not at the homeless shelter, but at an apartment the man had occupied in better times, and had long since vacated. The RIAA's lawyers were threatened with sanctions by the Magistrate Judge in the case, for making misleading representations to the Court which the Magistrate felt were intentional. The District Judge, however, disagreed with imposing sanctions, giving the RIAA's lawyers 'as officers of the Court the benefit of the doubt,' and instead concluded — in his 6-page opinion (PDF) — that the RIAA's lawyers were just being 'sloppy' and had not made the misstatements for an improper purpose.'" -
Google Earth 4.3 Offers a Number of New Features
GoogleWatch writes "Google's all excited for Earth day, and just in time there's a new version of Google Earth available. 4.3 offers up revamped navigation controls, 3-D photo-realistic buildings in major cities, and time-lapse views of sunsets and sunrises. Also new in Google Earth 4.3 is access to the street view movies found in Google Maps. Just click any of the camera icons and the familiar street view window will pop up. The sunrise and sunset movies are also quite impressive. Fly to a location you'd like to see and click the "sun" button in the toolbar. That will bring up a small timeline graphic and you can either hit play or drag the timeline slider to watch the day unfold." -
Google Earth 4.3 Offers a Number of New Features
GoogleWatch writes "Google's all excited for Earth day, and just in time there's a new version of Google Earth available. 4.3 offers up revamped navigation controls, 3-D photo-realistic buildings in major cities, and time-lapse views of sunsets and sunrises. Also new in Google Earth 4.3 is access to the street view movies found in Google Maps. Just click any of the camera icons and the familiar street view window will pop up. The sunrise and sunset movies are also quite impressive. Fly to a location you'd like to see and click the "sun" button in the toolbar. That will bring up a small timeline graphic and you can either hit play or drag the timeline slider to watch the day unfold." -
Google Crawls The Deep Web
mikkl666 writes "In their official blog, Google announces that they are experimenting with technologies to index the Deep Web, i.e. the sites hidden behind forms, in order to be 'the gateway to large volumes of data beyond the normal scope of search engines'. For that purpose, the engine tries to automatically get past the forms: 'For text boxes, our computers automatically choose words from the site that has the form; for select menus, check boxes, and radio buttons on the form, we choose from among the values of the HTML'. Nevertheless, directions like 'nofollow' and 'noindex' are still respected, so sites can still be excluded from this type of search.'" -
Schoolboy Corrects NASA's Math On Killer Asteroid
spiracle writes "A German schoolboy, Nico Marquardt, has revised NASA's figures for the chances that the Apophis asteroid will hit earth. Apparently if the asteroid hits a satellite in 2029, its path could be diverted enough to cause it to collide with Earth on the next orbit, in 2036. NASA had calculated the chances as 1 in 45,000 but the 13-year-old, in his science project, made it 1 in 450. NASA agreed." Update: 04/16 16:47 GMT by Z : This is not entirely accurate, it turns out — more details. -
First Looks at The Gimp 2.5
desmondhaynes writes "The GIMP team announced today the first release from the 2.5 development series. It is true that this version is unstable, but a little bird told me to give it a try and see what's it capable of. First of all, let me tell you that its interface is quite redesigned and I think that some users will have problems adjusting with it, but that's just my two cents. On the other hand, version 2.5.0 of The GIMP includes some hot new features, like the integration of GEGL (Generic Graphics Library) which will finally get support for higher color depths, more colorspaces and eventually non-destructive editing."