Slashdot Mirror

yogi writes "In a blog post from this Friday past, Google welcomed the ISO decision not to fasttrack OOXML. They also (once again) voiced their public support for the ODF standard. 'Technical standards should be arrived at transparently, openly, and based on technical merit. Google is committed to helping the standards community remain true to this ideal and maintain their independence from any commercial pressure ... Google supports one open document format and calls on industry participants to collaboratively work on ODF. With multiple implementations of one open standard for documents, users, businesses and governments around the world can have both choice and freedom to access their own documents, share with others and pass onto future generations.'"

NewYorkCountryLawyer writes "The RIAA's standard complaint (pdf) was thrown out last month by a federal judge in California as speculation in Interscope v. Rodriguez. Interestingly, the RIAA's amended complaint (pdf), filed six days later, abandoned altogether the RIAA's 'making available' argument. (Whereby making files available at all for download is infringement.) It first formulated that defense against a dismissal motion in Elektra v. Barker. This raises a number of questions: Is the RIAA is going to stick to this new form of complaint in future cases? Will they get into a different kind of trouble for some of its their new allegations, such as the contention that the investigator "detected an individual" (contradicting the testimony of the RIAA's own expert witness)? And finally, what tack will defendants' lawyers take (this was one lawyer's suggestion)?"

NewYorkCountryLawyer writes "The RIAA's standard complaint (pdf) was thrown out last month by a federal judge in California as speculation in Interscope v. Rodriguez. Interestingly, the RIAA's amended complaint (pdf), filed six days later, abandoned altogether the RIAA's 'making available' argument. (Whereby making files available at all for download is infringement.) It first formulated that defense against a dismissal motion in Elektra v. Barker. This raises a number of questions: Is the RIAA is going to stick to this new form of complaint in future cases? Will they get into a different kind of trouble for some of its their new allegations, such as the contention that the investigator "detected an individual" (contradicting the testimony of the RIAA's own expert witness)? And finally, what tack will defendants' lawyers take (this was one lawyer's suggestion)?"

NewYorkCountryLawyer writes "The RIAA's standard complaint (pdf) was thrown out last month by a federal judge in California as speculation in Interscope v. Rodriguez. Interestingly, the RIAA's amended complaint (pdf), filed six days later, abandoned altogether the RIAA's 'making available' argument. (Whereby making files available at all for download is infringement.) It first formulated that defense against a dismissal motion in Elektra v. Barker. This raises a number of questions: Is the RIAA is going to stick to this new form of complaint in future cases? Will they get into a different kind of trouble for some of its their new allegations, such as the contention that the investigator "detected an individual" (contradicting the testimony of the RIAA's own expert witness)? And finally, what tack will defendants' lawyers take (this was one lawyer's suggestion)?"

NewYorkCountryLawyer writes "The RIAA's standard complaint (pdf) was thrown out last month by a federal judge in California as speculation in Interscope v. Rodriguez. Interestingly, the RIAA's amended complaint (pdf), filed six days later, abandoned altogether the RIAA's 'making available' argument. (Whereby making files available at all for download is infringement.) It first formulated that defense against a dismissal motion in Elektra v. Barker. This raises a number of questions: Is the RIAA is going to stick to this new form of complaint in future cases? Will they get into a different kind of trouble for some of its their new allegations, such as the contention that the investigator "detected an individual" (contradicting the testimony of the RIAA's own expert witness)? And finally, what tack will defendants' lawyers take (this was one lawyer's suggestion)?"

sekra writes "The GIMP UI Redesign Team has created a blog to collect ideas for a new design of the most popular image manipulation program. Everyone is free to submit suggestions to be published in the blog. Will a new GUI finally get more users to choose The GIMP as their program of choice?"

rokkaku writes "When the gadfly blogger Claremont Insider went searching for information about employee compensation on the city of Claremont web site, they never expected to find scans of pay stubs for all the employees. Nor did they expect the city attorney to demand that they remove copies of those pay stubs from their web site. They found it especially odd since, according to California law, the compensation of public employees is public information."

Will Fisher writes "New iPods will no longer be able to work with Linux. iTunes now writes some kind of hash (SHA1, md5?) to the iPod database which new iPods check against. If this check fails then the iPod reports that it contains 0 songs. This appears to be protection against 3rd party applications writing out their own databases. We haven't found out how to generate our own valid hashes (but we do know the hash includes the database itself, and possibly the iPod serial number), and are looking for help."

Will Fisher writes "New iPods will no longer be able to work with Linux. iTunes now writes some kind of hash (SHA1, md5?) to the iPod database which new iPods check against. If this check fails then the iPod reports that it contains 0 songs. This appears to be protection against 3rd party applications writing out their own databases. We haven't found out how to generate our own valid hashes (but we do know the hash includes the database itself, and possibly the iPod serial number), and are looking for help."

NewYorkCountryLawyer writes "Back in March, 2006, Marie Lindor called the record companies suing her a collusive cartel, and their joint agreement to pool their copyrights "copyright misuse" (pdf). A year and a half later, the RIAA apparently got nervous about that allegation and made a motion to strike the allegations. Ms. Lindor has struck back, pointing out to the Judge not only that the RIAA's arguments had no legal basis, but also that its brief was completely silent as to any justification for the record companies' copyright-pooling agreement. Such a justification would be necessary for it to pass muster under 'rule of reason' analysis mandated by the US Supreme Court. Ms. Lindor, a home health worker who has never even used a computer, let alone infringed anyone's copyrights with a p2p file sharing program, is the same defendant who exposed, with a little help from her friends, some of the weaknesses in the RIAA's expert testimony. She also obtained a ruling that the RIAA's $750-per-song file damages theory might be a wee bit unconstitutional."

NewYorkCountryLawyer writes "Back in March, 2006, Marie Lindor called the record companies suing her a collusive cartel, and their joint agreement to pool their copyrights "copyright misuse" (pdf). A year and a half later, the RIAA apparently got nervous about that allegation and made a motion to strike the allegations. Ms. Lindor has struck back, pointing out to the Judge not only that the RIAA's arguments had no legal basis, but also that its brief was completely silent as to any justification for the record companies' copyright-pooling agreement. Such a justification would be necessary for it to pass muster under 'rule of reason' analysis mandated by the US Supreme Court. Ms. Lindor, a home health worker who has never even used a computer, let alone infringed anyone's copyrights with a p2p file sharing program, is the same defendant who exposed, with a little help from her friends, some of the weaknesses in the RIAA's expert testimony. She also obtained a ruling that the RIAA's $750-per-song file damages theory might be a wee bit unconstitutional."

NewYorkCountryLawyer writes "The decision many lawyers had been expecting — that the RIAA's 'boilerplate' complaint fails to state a claim for relief under the Copyright Act — has indeed come down, but from an unlikely source. While the legal community has been looking towards a Manhattan case (Elektra v. Barker) for guidance, the decision instead came from Senior District Court Judge Rudi M. Brewster of the US District Court for the Southern District of California. The decision handed down denied a default judgment (i.e. the defendant had not even appeared in the action). Judge Brewster not only denied the default judgment motion but dismissed the complaint for failure to state a claim. Echoing the words of Judge Karas at the oral argument in Barker , Judge Brewster held (pdf) that 'Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against the Defendant. However, other than the bare conclusory statement that on "information and belief" Defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works, Plaintiffs have presented no facts that would indicate that this allegation is anything more than speculation.'"

NewYorkCountryLawyer writes "The decision many lawyers had been expecting — that the RIAA's 'boilerplate' complaint fails to state a claim for relief under the Copyright Act — has indeed come down, but from an unlikely source. While the legal community has been looking towards a Manhattan case (Elektra v. Barker) for guidance, the decision instead came from Senior District Court Judge Rudi M. Brewster of the US District Court for the Southern District of California. The decision handed down denied a default judgment (i.e. the defendant had not even appeared in the action). Judge Brewster not only denied the default judgment motion but dismissed the complaint for failure to state a claim. Echoing the words of Judge Karas at the oral argument in Barker , Judge Brewster held (pdf) that 'Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against the Defendant. However, other than the bare conclusory statement that on "information and belief" Defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works, Plaintiffs have presented no facts that would indicate that this allegation is anything more than speculation.'"

Carterfone writes "Verizon is upset at the open access conditions for the 700MHz spectrum auction, and they're going to court to get them overturned. The company has filed a lawsuit in the Court of Appeals for the DC Circuit, urging the court to overturn the rules. 'In its petition for review, Verizon argues that the FCC exceeded its authority in mandating the two open access conditions, accusing the Commission of being "arbitrary" and "capricious," and saying that the rules are "unsupported by substantial evidence and otherwise contrary to law." Google is critical of Verizon's lawsuit: 'It's regrettable that Verizon has decided to use the court system to try to prevent consumers from having any choice of innovative services. Once again, it is American consumers who lose from these tactics.'"

Jason the Weatherman writes "Two weeks ago Viacom charged Christopher Knight with copyright infringement for posting on YouTube a clip from Web Junk 2.0 on VH1 that featured Knight's zany school board commercial. Two days ago YouTube reported to Knight that his clip was back up and that his account wouldn't be punished. What happened? Knight filed a DMCA counter-notification claim with YouTube: something that happens 'all too rarely' according to Fred von Lohmann at the Electronic Frontier Foundation. From the article: 'Almost no one ever files a counter notice. That's the biggest problem we've encountered [with DMCA claims on sites like YouTube]. Most people have no idea that right exists.'"

anzha writes "Sun Microsystems announced today that they are acquiring Cluster File Systems Inc. CFS owns the intellectual property related to and develops the open source file system known as Lustre." Relatedly Sun has also signed an agreement with Microsoft to be a Windows OEM. "Sun and Microsoft will work together to ensure that Solaris runs well as a guest on Microsoft virtualization technologies and that Windows Server runs well as a guest on Sun's virtualization technologies. Sun and Microsoft will work together on a support process for customers who are using the virtualization solutions. This joint commitment to customers ensures that Windows and Solaris will provide a solid virtualization experience."

BuzzSkyline writes "The National Science Foundation has announced a new University of Arizona project, which they call the Dark Web, intended to monitor all terrorist activity on the Internet. The project relies on 'advanced techniques such as Web spidering, link analysis, content analysis, authorship analysis, sentiment analysis and multimedia analysis [to] find, catalog and analyze extremist activities online.' The coolest part of the project is a tool called Writeprint, which 'automatically extracts thousands of multilingual, structural, and semantic features to determine who is creating "anonymous" content' with an accuracy of 95%, according to the release."

sdedeo writes "Republic.com 2.0 is an updated and reworked version of Cass Sunstein's Republic.com, which was reviewed on slashdot back in April 2001. That earlier version was written before blogger was purchased by google, before wikipedia broke "10,000th most popular" on alexa, and — most importantly for Cass — before the terrorist attacks of September 11th unleashed a torrent of political blogging that has yet to peak." Read on for the rest of Simon's review Republic.com 2.0 author Cass R. Sunstein pages 251 publisher Princeton University Press rating 8 reviewer Simon DeDeo ISBN 978-0-691-13356-0 summary Provocative but flawed Cass is one of the few people in the world who holds a senior faculty position in jurisprudence at a law school and yet can be expected to understand crucial notions of internet content creation such as versioning control, trackbacks and google juice.

I was first introduced to Cass in his 2003 book, Why Societies Need Dissent. One of the reasons for his appeal among the geek community is not only his content — he's hardly the first person to write about the internet — but also his reliance on provocative thought experiments. Notably, in Dissent, he uses one to explain why you should be suspicious of group-signed letters — an argument he modifies for Republic.com 2.0, so you won't miss it. You may dispute his applications of such arguments to the real world, but it's certainly the case that they're both new and non-trivial.

Cass is not one to beat around the bush, and one of the first things you'll encounter in Chapter One is the assertion that "the view that free speech is an 'absolute'" is "utterly implausible." I think he does himself a disservice by highlighting this and leaving the explanation to a much later chapter; Cass is opposed to "viewpoint discrimination" by the government, for example, and he's far more mild than you'd expect.

The central argument in Republic.com 2.0 is unchanged: greater control over, and filtering of, the content one receives may have adverse consequences for democracy. By this time, most slashdot readers are familiar with the basic idea — when they're not complaining about troll-ratings and slashdot group-think.

It goes like this: increasingly popular software tools allow you to filter to an unprecedented extent not only the kind of information you receive, but also its political or ideological slant. Fans of a particular idea ("open source is good", "affirmative action is anti-American", "a conservative cabal runs the United States for the benefit of corporations") can choose their news sites and blogcircles so that they will rarely, if ever, encounter the opposition except at second hand and in caricature. This is bad.

Before engaging this idea, it's worth stepping back. The internet — and the software on top of it — has often been referred to as the Platonic ideal of participatory democracy. One of Cass's points is the extent to which it's a half-truth: not every feature is faithfully reproduced, and one crucial one — the "public forum", which he uses in a technical, legal sense — is gone.

I grew up in London, and Hyde Park's Speaker's Corner was for me a touchstone of what democracy should be. Supreme Courts the world over agree, and the "public forum" — a geographical location — emerged as a space where courts could not interfere with public expressive activity. The internet is, of course, awash with such things (an unmoderated comment stream is not hard to find), but the crucial difference is that one need never see them while, in the real world, "public forums" — at least in the United States — include the streets and parks we use every day.

For Cass, the public forum extends to what he refers to as "general interest intermediaries" (GIIs): massive circulation sources that, while not granting the same rights-of-access to the public that a park does, provide regular encounters with facts and points-of-view that can be counted on to surprise the reader. My own view — one echoed by the blogosphere both right and left — is that since 9/11, more and more of these GIIs have failed us. Time after time, outlets such as the New York Times, CNN, Fox News, the New Republic and Time Magazine have not only marginalized legitimate views, but also misreported crucial facts.

While Cass provides fascinating psychological studies of how we turn towards the news that flatters us, I think that one of the reasons for the explosive growth of online communities and online reporting is not that we are polarizing ourselves in a positive-feedback runaway, but rather that more and more people are becoming aware of the structural failures of the GII.

A classic example that friends of mine on the left cite is the "cocktail party" atmosphere of the Washington journalism circuit, where criticizing too aggressively the Bush administration led to a freeze-out on interviews and insider information. (Friends on the right complain to me more often about particular arguments being frozen out.)

Cass pays insufficient attention, in my mind, to these arguments, and his view of the blogosphere is jaundiced at best. For Cass, the blogosphere is the source of urban legends, not their debunking, whereas any glance at the front page of political blogs, slashdot (or, more charmingly, snopes) will reveal plenty of debunking being done on the GII in the comments.

His evidence that blogs — and not just controlled psychological experiments — actually do elicit group polarization is disappointingly thin, and relies on over interpreted linkage studies and anecdotal evidence that show major "hubs" in the political blogging world, like instapundit, Atrios, and talkingpointsmemo, acting as strong filters that reinforce the party line. Chris Bowers and Matt Stoller (also a close friend) have done a more detailed study of linkage patterns and come to very different conclusions.

There are problems with Cass's arguments, and in the end I don't think his snapshot of the internet in 2007 holds up. He's frustrating at times and, ironically, when he frustrates the most he reminds me of a blowhard blogger. The provocative nature of his thought experiments is worth the price of admission alone, however, and his legal-historical background on the nature of free speech in deliberative democracy is fascinating reading. Pundits of the blogosphere would be remiss in not reading his book.

Simon DeDeo is a astrophysicist and literary critic. He lives in Chicago, Illinois.

You can purchase Republic.com 2.0 from amazon.com. Slashdot welcomes readers' book reviews -- to see your own review here, read the book review guidelines, then visit the submission page.

sdedeo writes "Republic.com 2.0 is an updated and reworked version of Cass Sunstein's Republic.com, which was reviewed on slashdot back in April 2001. That earlier version was written before blogger was purchased by google, before wikipedia broke "10,000th most popular" on alexa, and — most importantly for Cass — before the terrorist attacks of September 11th unleashed a torrent of political blogging that has yet to peak." Read on for the rest of Simon's review Republic.com 2.0 author Cass R. Sunstein pages 251 publisher Princeton University Press rating 8 reviewer Simon DeDeo ISBN 978-0-691-13356-0 summary Provocative but flawed Cass is one of the few people in the world who holds a senior faculty position in jurisprudence at a law school and yet can be expected to understand crucial notions of internet content creation such as versioning control, trackbacks and google juice.

I was first introduced to Cass in his 2003 book, Why Societies Need Dissent. One of the reasons for his appeal among the geek community is not only his content — he's hardly the first person to write about the internet — but also his reliance on provocative thought experiments. Notably, in Dissent, he uses one to explain why you should be suspicious of group-signed letters — an argument he modifies for Republic.com 2.0, so you won't miss it. You may dispute his applications of such arguments to the real world, but it's certainly the case that they're both new and non-trivial.

Cass is not one to beat around the bush, and one of the first things you'll encounter in Chapter One is the assertion that "the view that free speech is an 'absolute'" is "utterly implausible." I think he does himself a disservice by highlighting this and leaving the explanation to a much later chapter; Cass is opposed to "viewpoint discrimination" by the government, for example, and he's far more mild than you'd expect.

The central argument in Republic.com 2.0 is unchanged: greater control over, and filtering of, the content one receives may have adverse consequences for democracy. By this time, most slashdot readers are familiar with the basic idea — when they're not complaining about troll-ratings and slashdot group-think.

It goes like this: increasingly popular software tools allow you to filter to an unprecedented extent not only the kind of information you receive, but also its political or ideological slant. Fans of a particular idea ("open source is good", "affirmative action is anti-American", "a conservative cabal runs the United States for the benefit of corporations") can choose their news sites and blogcircles so that they will rarely, if ever, encounter the opposition except at second hand and in caricature. This is bad.

Before engaging this idea, it's worth stepping back. The internet — and the software on top of it — has often been referred to as the Platonic ideal of participatory democracy. One of Cass's points is the extent to which it's a half-truth: not every feature is faithfully reproduced, and one crucial one — the "public forum", which he uses in a technical, legal sense — is gone.

I grew up in London, and Hyde Park's Speaker's Corner was for me a touchstone of what democracy should be. Supreme Courts the world over agree, and the "public forum" — a geographical location — emerged as a space where courts could not interfere with public expressive activity. The internet is, of course, awash with such things (an unmoderated comment stream is not hard to find), but the crucial difference is that one need never see them while, in the real world, "public forums" — at least in the United States — include the streets and parks we use every day.

For Cass, the public forum extends to what he refers to as "general interest intermediaries" (GIIs): massive circulation sources that, while not granting the same rights-of-access to the public that a park does, provide regular encounters with facts and points-of-view that can be counted on to surprise the reader. My own view — one echoed by the blogosphere both right and left — is that since 9/11, more and more of these GIIs have failed us. Time after time, outlets such as the New York Times, CNN, Fox News, the New Republic and Time Magazine have not only marginalized legitimate views, but also misreported crucial facts.

While Cass provides fascinating psychological studies of how we turn towards the news that flatters us, I think that one of the reasons for the explosive growth of online communities and online reporting is not that we are polarizing ourselves in a positive-feedback runaway, but rather that more and more people are becoming aware of the structural failures of the GII.

A classic example that friends of mine on the left cite is the "cocktail party" atmosphere of the Washington journalism circuit, where criticizing too aggressively the Bush administration led to a freeze-out on interviews and insider information. (Friends on the right complain to me more often about particular arguments being frozen out.)

Cass pays insufficient attention, in my mind, to these arguments, and his view of the blogosphere is jaundiced at best. For Cass, the blogosphere is the source of urban legends, not their debunking, whereas any glance at the front page of political blogs, slashdot (or, more charmingly, snopes) will reveal plenty of debunking being done on the GII in the comments.

His evidence that blogs — and not just controlled psychological experiments — actually do elicit group polarization is disappointingly thin, and relies on over interpreted linkage studies and anecdotal evidence that show major "hubs" in the political blogging world, like instapundit, Atrios, and talkingpointsmemo, acting as strong filters that reinforce the party line. Chris Bowers and Matt Stoller (also a close friend) have done a more detailed study of linkage patterns and come to very different conclusions.

There are problems with Cass's arguments, and in the end I don't think his snapshot of the internet in 2007 holds up. He's frustrating at times and, ironically, when he frustrates the most he reminds me of a blowhard blogger. The provocative nature of his thought experiments is worth the price of admission alone, however, and his legal-historical background on the nature of free speech in deliberative democracy is fascinating reading. Pundits of the blogosphere would be remiss in not reading his book.

Simon DeDeo is a astrophysicist and literary critic. He lives in Chicago, Illinois.

You can purchase Republic.com 2.0 from amazon.com. Slashdot welcomes readers' book reviews -- to see your own review here, read the book review guidelines, then visit the submission page.

Gamepolitics has a post up looking at blog entry by attorney Mark Methenitis, who is not only a practitioner of the legal arts but also a gamer. At his site, he runs down some of the major pros and cons of the ESRB's ratings process, and on the whole he thinks they're doing a good job. Their major oversight, in his mind, is that at no point are the videogames ever actually played: "Game publishers send in a DVD of selected scenes and a lot of paperwork to get the game rated... The point being that the ratings board never plays the games. Yes, you read that right. The people who rate video games do not play the game they are rating. It would be the equivalent of basing movie ratings on a form and a trailer. Context would be wholly absent." The ESRB argues that if the publishers create their 'ratings package' within the organization's guidelines, they don't need to play the game. And indeed, with a title like Oblivion you can't expect the organization to play through the whole game. But ... c'mon ... maybe just the tutorial? How long would that take?

Advocate123 writes "Clearly, Hollywood has forgotten the, 'Real American Hero.' G.I. Joe originally symbolized the American WWII soldier and a great generation. Now Hollywood celebrities are going to turn him into a international multicultural coed task force with no government affiliations. Isn't anything sacred to these people?"

KingSkippus writes "In response to a complaint to the FCC filed by the Computer and Communications Industry Association (CCIA) to change copyright warnings before movies and sporting events, Executive Director Patrick Ross of the Copyright Alliance tells us in an editorial that 'fair use is not a consumer right.' The Copyright Alliance is backed by such heavy-hitters as the MPAA, RIAA, Disney, Business Software Alliance, and perhaps most interestingly, Microsoft, who is also backing the CCIA's complaint."

Glyn Moody writes "Peter Murray Rust, a chemist at Cambridge University, was lost for words when he found Oxford University Press's website demanded $48 from him to access his own scientific paper, in which he holds copyright and which he released under a Creative Commons license. As he writes, the journal in question was "selling my intellectual property, without my permission, against the terms of the license (no commercial use)." In the light of this kind of copyright abuse and of the PRISM Coalition, a new FUD group set up by scientific publishers to discredit open access, isn't it time to say enough is enough, and demand free access to the research we pay for through our taxes?"

insidedesign writes "Blogger Marco has recently discovered that the newest version of Google Earth includes a flight simulator. Though simple in comparison to full-blown simulators, Google Earth's is fun and addictive. To get started, press Ctrl+Alt+A for the initial dialog (on OS X, Command+Option+A). Then choose your plane (F16 or SR22) and initial airport. Joysticks are supported; it has even been reported that force feedback works. The game's controls are sensitive so it takes some getting used to. Here are all the available controls. For a quick overview, check out this YouTube video."

SkiifGeek writes "When the team at Sunbelt Software picked up on a sneaky hack present on the Bank of India website, it became a unique opportunity to see how anti-phishing and website trust verification tools were handling a legitimate site that had been attacked. Unfortunately, not one of the sites or tools identified that the Bank of India website was compromised and serving malware to all visitors The refresh time on a trust-brokering site is too long to be useful when a surf-by attack on a trusted site can take place in a matter of seconds, with a lifetime of hours, and with a victim base of thousands or greater."

NewYorkCountryLawyer writes "Variety reports that Andersen v. Atlantic, the class action which has been brought against the RIAA in Oregon may 'ultimately force the organization to drop or dramatically change the way it uses its principal weapon in the fight against online piracy"'. The RIAA responded to Variety saying that 'We are confident that (Andersen's) claims have no merit....We look forward to presenting our arguments in the next few weeks to the court about why this case should be dismissed. In all our cases, we seek to follow the facts and be fair and reasonable in resolving pending claims.' p2pnet opines that Hollywood's interest in the suit bodes ill for the RIAA."

NewYorkCountryLawyer writes "Variety reports that Andersen v. Atlantic, the class action which has been brought against the RIAA in Oregon may 'ultimately force the organization to drop or dramatically change the way it uses its principal weapon in the fight against online piracy"'. The RIAA responded to Variety saying that 'We are confident that (Andersen's) claims have no merit....We look forward to presenting our arguments in the next few weeks to the court about why this case should be dismissed. In all our cases, we seek to follow the facts and be fair and reasonable in resolving pending claims.' p2pnet opines that Hollywood's interest in the suit bodes ill for the RIAA."

Chris Knight writes "I ran for school board where I live this past fall and created some TV commercials including this one with a 'Star Wars' theme. A few months ago VH1 grabbed the commercial from YouTube and featured it in a segment of its show 'Web Junk 2.0.' Neither VH1 or its parent company Viacom told me they were doing this or asked my permission to use it, but I didn't mind it if they did. I thought that Aries Spears's commentary about it was pretty hilarious, so I posted a clip of VH1's segment on YouTube so that I could put it on my blog. I just got an e-mail from YouTube saying that the video has been pulled because Viacom is claiming that I'm violating its copyright. Viacom used my video without permission on their commercial television show, and now says that I am infringing on their copyright for showing the clip of the work that Viacom made in violation of my own copyright!"

Chris Knight writes "I ran for school board where I live this past fall and created some TV commercials including this one with a 'Star Wars' theme. A few months ago VH1 grabbed the commercial from YouTube and featured it in a segment of its show 'Web Junk 2.0.' Neither VH1 or its parent company Viacom told me they were doing this or asked my permission to use it, but I didn't mind it if they did. I thought that Aries Spears's commentary about it was pretty hilarious, so I posted a clip of VH1's segment on YouTube so that I could put it on my blog. I just got an e-mail from YouTube saying that the video has been pulled because Viacom is claiming that I'm violating its copyright. Viacom used my video without permission on their commercial television show, and now says that I am infringing on their copyright for showing the clip of the work that Viacom made in violation of my own copyright!"

NewYorkCountryLawyer writes "Is collusion by the record companies a defense to an RIAA case? We're about to find out, because the RIAA has made a motion to strike the affirmative defense of Marie Lindor, who alleged that "the plaintiffs, who are competitors, are a cartel acting collusively in violation of the antitrust laws and of public policy, by tying their copyrights to each other, collusively litigating and settling all cases together, and by entering into an unlawful agreement among themselves to prosecute and to dispose of all cases in accordance with a uniform agreement, and through common lawyers, thus overreaching the bounds and scope of whatever copyrights they might have" in UMG v. Lindor."

NewYorkCountryLawyer writes "Is collusion by the record companies a defense to an RIAA case? We're about to find out, because the RIAA has made a motion to strike the affirmative defense of Marie Lindor, who alleged that "the plaintiffs, who are competitors, are a cartel acting collusively in violation of the antitrust laws and of public policy, by tying their copyrights to each other, collusively litigating and settling all cases together, and by entering into an unlawful agreement among themselves to prosecute and to dispose of all cases in accordance with a uniform agreement, and through common lawyers, thus overreaching the bounds and scope of whatever copyrights they might have" in UMG v. Lindor."

NewYorkCountryLawyer writes "Is collusion by the record companies a defense to an RIAA case? We're about to find out, because the RIAA has made a motion to strike the affirmative defense of Marie Lindor, who alleged that "the plaintiffs, who are competitors, are a cartel acting collusively in violation of the antitrust laws and of public policy, by tying their copyrights to each other, collusively litigating and settling all cases together, and by entering into an unlawful agreement among themselves to prosecute and to dispose of all cases in accordance with a uniform agreement, and through common lawyers, thus overreaching the bounds and scope of whatever copyrights they might have" in UMG v. Lindor."

Dotnaught sends us to InformationWeek for news of the latest lawsuit by Polaris IP, which holds a patent on the idea of responding automatically to emails. The company has no products. It brought suit in the Eastern District in Texas, as many patent trolls do — though the article informs us that that venue has been getting less friendly of late to IP interests, and has actually invalidated some patents. The six companies being sued are AOL, Amazon, Borders, Google, IAC, and Yahoo. All previous suits based on this patent have been settled.

ConsumerAffairs.com has an article up spotlighting Comcast's tendency to cuts off heavy Internet users without defining in their AUP exactly what the bandwidth limit is. Frank Carreiro of West Jordan, Utah, got cut off by the mystery limit and started a 'Comcast Broadband dispute' blog.

We've gotten a number of submissions about the new tricks the massive Storm botnet has been up to. Estimates of the size of this botnet range from 250K-1M to 5M-10M compromised machines. Reader cottagetrees notes a writeup at Exploit Prevention Labs on a new social engineering attack involving YouTube. The emails, which may be targeted at people who use private domain registrations, warn the recipient that their "face is all over 'net" on a YouTube video. The link is to a Storm-infected bot that attacks using the Q4Rollup exploit (a package of about a dozen encrypted exploits). And reader thefickler writes that the recent wave of "confirmation spam" is also due to Storm, as was the earlier, months-long "e-card from a friend" series of attack emails.

mrcgran writes "Users of Skype for Linux have just found out that it reads the files /etc/passwd, firefox profile, plugins, addons, etc, and many other unnecessary files in /etc. This fact was originally discovered by using AppArmor, but others have confirmed this fact using strace on versions 1.4.0.94 and 1.4.0.99. What is going on? This probably shows how important it is to use AppArmor in any closed-source application in Linux to restrict any undue access to your files."

JosefAssad writes "In a decision centering around a question of a violation of the Artistic License, a San Francisco court has denied an injunction against Matthew Katzer in the favor of Robert Jacobsen of the JMRI project. Importantly, the decision makes the point that the Artistic License is a contract, an interpretation that the Free Software Foundation has been keen to avoid as a legal stance. The JMRI project has a page up with the legal background and developments."

A very large number of readers sent in stories about one or the other of the two new claims to have unlocked the iPhone for use on other GSM carriers. A New Jersey teenager, George Hotz, posted instructions for unlocking the iPhone using a soldering gun and a lot of patience. This is from coverage in a local NJ paper: "If someone handed him an iPhone new out of the box, he could modify it in 'about an hour,' he said. A person following his directions might take 'a good 12 hours,' the teen estimated." Hotz has put up a YouTube video substantiating his claim, and is conducting an eBay auction for one of his two hacked phones. The other hack is by a commercial outfit called iPhoneSIMfree.com, whose claim Engadget has verified. The company will be selling licenses to the hack, minimum quantity 500, at a price not yet announced. These hacks are much bigger news for those outside America. Expect to see an industry spring up to meet European (and Asian?) demand for freed iPhones.

tigerhawkvok writes "Recently, new author Stuart Privar provided Professor PZ Meyers of Pharyngula a copy of his book, Lifecode, for review. Over the course of the review itself and a few follow-ups, it became evident that the content was nonsense (including, among other things, ten-legged spiders and other phenomena strongly at odds with developmental biology). However, the common threat of lawsuits finally became a reality, and now Privar is suing Myers for $15 million. Can calling someone a 'classic crackpot' in the face of such incorrect data have any chance at making it to court, or even winning the suit?"

holymodal writes "In a new post to the Google blog Bindu Reddy, the Google Video product manager, admits that only offering refunds via Google Checkout was a bad idea: 'We should have anticipated that some users would see a Checkout credit as nothing more than an extra step of a different (and annoyingly self-serving) kind. Our bad.' Google now plans to issue customers a full credit card refund, while allowing them to keep the Checkout credit and extending the life of purchased videos another six months."

mrcgran writes to mention that LinuxWorld is running an interview with Alfresco's Matt Asay. "Open source is changing not just how companies make software, but how they sell it. Alfresco's Matt Asay explains the new sales cycle and the skills that today's software sales people need to close deals. [...] 'But you know what? We have worked with Microsoft on interop without doing any sort of a patent deal; as has Sugar and MySQL and Zend and these other companies. We work directly with Microsoft for a customer of ours to insure SQL Server integration with Alfresco. Didn't have to sign any patent deal with them to get that done. We both had a mutual customer. It was in our mutual interest. We both wanted to make money, therefore we did it. But the patent thing is a complete smoke and mirrors, I don't want to say trick, but it has nothing to do with interoperability. No matter how much Microsoft may repeat that, it has nothing to do with interoperability.'"

NewYorkCountryLawyer writes "The RIAA's argument that merely 'making files available' is in and of itself a copyright infringement, argued in January in Elektra v. Barker (awaiting decision), is raging again, this time in a White Plains, New York, court in Warner v. Cassin. Ms. Cassin moved to dismiss the complaint; the RIAA countered by arguing that 'making available' on a p2p file sharing network is a violation of the distribution right in 17 USC 106(3). Ms. Cassin responded, pointing out the clear language of the statute, questioning the validity of the RIAA's authorities, and arguing that the Court's acceptance of the RIAA's theory would seriously impact the Internet. The case is scheduled for a conference on September 14th, at 10 AM (PDF), at the federal courthouse, 300 Quarropas Street, White Plains, New York, in the courtroom of Judge Stephen C. Robinson. The conference is open to the public."

NewYorkCountryLawyer writes "The RIAA's argument that merely 'making files available' is in and of itself a copyright infringement, argued in January in Elektra v. Barker (awaiting decision), is raging again, this time in a White Plains, New York, court in Warner v. Cassin. Ms. Cassin moved to dismiss the complaint; the RIAA countered by arguing that 'making available' on a p2p file sharing network is a violation of the distribution right in 17 USC 106(3). Ms. Cassin responded, pointing out the clear language of the statute, questioning the validity of the RIAA's authorities, and arguing that the Court's acceptance of the RIAA's theory would seriously impact the Internet. The case is scheduled for a conference on September 14th, at 10 AM (PDF), at the federal courthouse, 300 Quarropas Street, White Plains, New York, in the courtroom of Judge Stephen C. Robinson. The conference is open to the public."

mrcgran writes "In eight months since Office 2007 was released to the general public (10 months since release to enterprise customers), there are fewer than 2,000 of these office documents posted on the Web. In the last three months, 13,400 more ODF documents have been added to the Web, with only 1,329 OOXML documents added. It would be hard for the Microsoft camp to spin ten times as many ODF documents added as OOXML documents, especially since 34% of those new documents were added on Microsoft.com. That isn't what I would call good traction for Microsoft's overwhelmingly dominant office suite."

NewYorkCountryLawyer writes "Ever since the RIAA's litigation campaign began in 2003, many people have been suggesting a class action against the RIAA. Tanya Andersen, in Oregon, has taken them up on it. The RIAA's case against this disabled single mother, Atlantic v. Andersen, has received attention in the past, for her counterclaims against the RIAA including claims under Oregon's RICO statute, the RIAA's hounding of her young daughter for a face-to-face deposition, the RIAA's eventual dropping of the case 'with prejudice,' and her lawsuit against the RIAA for malicious prosecution, captioned Andersen v. Atlantic. Now she's turned that lawsuit into a class action. The amended complaint seeking class action status (PDF) sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy."

NewYorkCountryLawyer writes "Ever since the RIAA's litigation campaign began in 2003, many people have been suggesting a class action against the RIAA. Tanya Andersen, in Oregon, has taken them up on it. The RIAA's case against this disabled single mother, Atlantic v. Andersen, has received attention in the past, for her counterclaims against the RIAA including claims under Oregon's RICO statute, the RIAA's hounding of her young daughter for a face-to-face deposition, the RIAA's eventual dropping of the case 'with prejudice,' and her lawsuit against the RIAA for malicious prosecution, captioned Andersen v. Atlantic. Now she's turned that lawsuit into a class action. The amended complaint seeking class action status (PDF) sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy."

NewYorkCountryLawyer writes "Ever since the RIAA's litigation campaign began in 2003, many people have been suggesting a class action against the RIAA. Tanya Andersen, in Oregon, has taken them up on it. The RIAA's case against this disabled single mother, Atlantic v. Andersen, has received attention in the past, for her counterclaims against the RIAA including claims under Oregon's RICO statute, the RIAA's hounding of her young daughter for a face-to-face deposition, the RIAA's eventual dropping of the case 'with prejudice,' and her lawsuit against the RIAA for malicious prosecution, captioned Andersen v. Atlantic. Now she's turned that lawsuit into a class action. The amended complaint seeking class action status (PDF) sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy."

NewYorkCountryLawyer writes "In what appears to be a first, RIAA defendant Michelle Santangelo, the 20-year old daughter of Patti Santangelo, has made a motion for leave to serve a third party complaint against Kazaa and AOL, as well as against someone who installed Kazaa software, in Elektra v. Santangelo II. Her proposed third-party complaint (pdf) alleges that any injuries plaintiffs might have sustained were the result of the third party defendants' "negligence and breaches... in the defective design of Sharman Network's program, "Kazaa" which was a dangerous instrumentality in its each and every use as it existed in 2002-2004; the trespassing and reckless installation by Matthew Seckler [the person who allegedly installed the software without authorization] of such program; the failure to warn by AOL and Sharman; the failure to block the downloading of such files by AOL; the improper blocking of alleged (RIAA) warning messages by AOL and Sharman; and, the secretive file sharing system of and by Kazaa.""

NewYorkCountryLawyer writes "In what appears to be a first, RIAA defendant Michelle Santangelo, the 20-year old daughter of Patti Santangelo, has made a motion for leave to serve a third party complaint against Kazaa and AOL, as well as against someone who installed Kazaa software, in Elektra v. Santangelo II. Her proposed third-party complaint (pdf) alleges that any injuries plaintiffs might have sustained were the result of the third party defendants' "negligence and breaches... in the defective design of Sharman Network's program, "Kazaa" which was a dangerous instrumentality in its each and every use as it existed in 2002-2004; the trespassing and reckless installation by Matthew Seckler [the person who allegedly installed the software without authorization] of such program; the failure to warn by AOL and Sharman; the failure to block the downloading of such files by AOL; the improper blocking of alleged (RIAA) warning messages by AOL and Sharman; and, the secretive file sharing system of and by Kazaa.""

juanignaciosl writes "The first beta of Red Hat Developer Studio was published yesterday. RHDS seems promising. This IDE is a bunch of Eclipse plugins that comes from the fusion of JBoss IDE and Exadel Studio. The main advantages it offers are: JSF development improved, in particular integrating RichFaces and Ajax4JSF libraries; Seam (next J2EE middleware standard?) integration; and plugins for JBoss, Hibernate... Here are my first impressions."