Slashdot Mirror

theodp writes "Steve Jobs wasn't around to convince you that you should be impressed, but on Wednesday Apple unveiled a 4GB Shuffle that's half the size of its predecessor. Holding up to 1,000 songs, the pre-shrunk Shuffle sports a 10-hour battery life and also adds a new VoiceOver feature that can recite song titles, artists, and playlist names, as well as provide status information. Even without a show from Steve, the new player is generally leaving folks dazzled, although there are some complaints." Update: 3/14 at 14:10 by SS: Reader Mike points out some disturbing news that the new Shuffle contains DRM which, according to a review at iLounge, prevents it from fully working with any headphones that don't have an Apple "authentication chip."

I Don't Believe in Imaginary Property writes "Lawyer Scott Harris, one of the inventors of the concept of a 'marketing company devoted to selling/marketing products produced by other companies in return for a share of their profits,' is appealing the USPTO's rejection of US Patent Application No. 09/387,823 which was intended to patent that 'invention.' This court action is important because it directly challenges the In Re Bilski ruling, which tightened the rules to get rid of most so-called 'business method' patents. One of Mr. Harris's legal theories is that a 'company is a physical thing, and as such analogous to a machine.' If the name seems familiar, it's because Mr. Harris has a long history of inventive legal maneuverings. I'm honestly surprised that SCO never tried to hire or sue him."

justin.foell writes "The Electronic Frontier Foundation (EFF) has created a Surveillance Self-Defense site. Created with the help of the Open Society Institute, the site intends to serve as a how-to guide for protecting your private data against government spying. From their press release, they 'aim to educate Americans about the law and technology of communications surveillance and computer searches and seizures, and to provide the information and tools necessary to keep their private data out of the government's hands.'"

justin.foell writes "The Electronic Frontier Foundation (EFF) has created a Surveillance Self-Defense site. Created with the help of the Open Society Institute, the site intends to serve as a how-to guide for protecting your private data against government spying. From their press release, they 'aim to educate Americans about the law and technology of communications surveillance and computer searches and seizures, and to provide the information and tools necessary to keep their private data out of the government's hands.'"

I Don't Believe in Imaginary Property writes "A federal court ruled that the AP can sue competitors for 'quasi-property' rights on hot news, as well as for copyright infringement and several other claims. The so-called 'hot news' doctrine was created by a judge 90 years ago in another case, where the AP sued a competitor for copying wartime reporting and bribing its employees to send them a copy of unreleased news. The courts' solution was to make hot news a form of 'quasi-property' distinct from copyright, in part because facts cannot be copyrighted. But now the AP is making use of the precedent again, going after AHN which competes with the AP, alleging that they're somehow copying the AP's news. The AP has been rather busy with lawsuits lately, so even though the AP has a story about their own lawsuit, we won't link to it."

Last month, we discussed news that the FTC would be examining DRM to see if it needs regulation. They set up a town hall meeting for late March, and part of that effort involved requesting comments from potential panelists and the general public. Ars Technica reports that responses to the request have been overwhelmingly against DRM, and primarily from gamers. The Electronic Frontier Foundation also took the opportunity to speak out strongly against DRM, saying flat out that "DRM does not prevent piracy," and suggesting that its intended purpose is "giving some industry leaders unprecedented power to influence the pace and nature of innovation and upsetting the traditional balance between the interests of copyright owners and the interests of the public." Their full public comments (PDF) describe several past legal situations supporting that point, such as Sony's fight against mod chips, Blizzard's DMCA lawsuit against an alternative to battle.net, and Sony's XCP rootkit.

Last month, we discussed news that the FTC would be examining DRM to see if it needs regulation. They set up a town hall meeting for late March, and part of that effort involved requesting comments from potential panelists and the general public. Ars Technica reports that responses to the request have been overwhelmingly against DRM, and primarily from gamers. The Electronic Frontier Foundation also took the opportunity to speak out strongly against DRM, saying flat out that "DRM does not prevent piracy," and suggesting that its intended purpose is "giving some industry leaders unprecedented power to influence the pace and nature of innovation and upsetting the traditional balance between the interests of copyright owners and the interests of the public." Their full public comments (PDF) describe several past legal situations supporting that point, such as Sony's fight against mod chips, Blizzard's DMCA lawsuit against an alternative to battle.net, and Sony's XCP rootkit.

rmav writes "Apple has finally made a statement about jail-breaking. They try to sell the idea that it is a copyright infringement and DMCA violation. This, despite the fact (as the linked article states) that courts have ruled that copying software while reverse engineering is a fair use when done for purposes of fostering interoperability with independently created software. I cannot help but think that the recent flood of iPhone cracked applications is responsible for this. Before that, Apple was quietly ignoring the jailbreak scene. Now, I suppose that in the future we may only install extra applications on our iPhones as ad hoc installs using the SDK, and if we want turn-by-turn directions, tethering, and the like, we have to compile these apps by ourselves? Maybe we should go and download the cydia source code and see what we can do with it."

NewYorkCountryLawyer writes "The Associated Press, The New York Times, and other major news organizations have gone to court to fight the RIAA over its attempt to thwart a court order which ruled that a hearing in SONY BMG Music v. Tenenbaum could be streamed over the internet. The news organizations agreed with Judge Gertner, the district judge who'd granted the order, arguing : 'It is hard to imagine a hearing more deserving of public scrutiny through the same technological medium that is at the heart of this litigation'. As soon as I get a copy of the actual brief I will upload it and link to it. Another amicus brief opposing the RIAA's attempt to reverse Judge Gertner was filed by the Electronic Frontier Foundation and other First Amendment proponents and is already available online [PDF]."

An anonymous reader writes "In what has been billed as a world first, four music companies and Irish ISP Eircom have agreed to work together to end illegal music downloading. The Irish branches of the record companies (EMI Records Ltd, Sony BMG Music Entertainment Ltd, Universal Music Ltd and Warner Music Ltd.) brought a High Court action against Eircom last March which has resulted in this settlement after eight days of trial. Eircom will be implementing a three-step process — informing a subscriber that their IP address has been detected infringing copyright; warning the subscriber that if they do not stop they will be disconnected; and finally disconnecting the user if they fail to heed the warning. Which technology they will be using to spy on their customers is currently unknown. EMI and the other record companies have recommended US-based Audible Magic, which (among other things) claims to block copyright violating web content from sites like Youtube and MySpace. However, digital surveillance is nothing new in Ireland and Eircom may have already tested and implemented the necessary technologies."

I Don't Believe in Imaginary Property writes "Oprah Winfrey, or to be more precise, Oprah's Book Club, is being sued by the inventor/patent attorney Scott C. Harris for infringing upon his patent for 'Enhancing Touch and Feel on the Internet.' So Oprah's Book Club is now one of many people and entities being sued over this patent because they allow people to view part, but not all, of a book online before purchasing it. Mr. Harris also sued Google Books for infringing upon this patent. He actually was fired from his position as partner at Fish & Richardson for that, because Google is a client of that law firm and they had conflict of interest rules to uphold." It would be entertaining to see Oprah give very wide and mainstream publicity to the abuses enabled by our current patent system.

Update: 01/07 22:03 GMT by KD : The blog author Joe Mullin wrote to point out that the lawsuit was not filed by the inventor, Scott C. Harris, but rather by the shell company Illinois Computer Research, which seems to exist for the purpose of filing lawsuits based on this particular patent.

I Don't Believe in Imaginary Property writes "McDonalds has applied for patent WO2006068865, which carries the title 'METHOD AND APPARATUS FOR MAKING A SANDWICH.' John Montagu, the fourth Earl of Sandwich, can eat his heart out (unless that's been patented, too). Undoubtedly, some people are contemplating whether there's anything novel in this patent that is somehow obscured by its generic title. Feel free to examine their flowchart for yourself and see exactly how novel their sandwich 'subroutines' are. The good news is that, given that it only mentions generic sandwich making 'tool(s),' rather than any specific machine, it might not survive after the In Re Bilski decision, which was meant to put a stop to absurdities such as this. But until McDonalds's application is rejected or invalidated, make sure you don't use their flowchart when making sandwiches. After all, if you 'apply appropriate condiments to appropriate compartment,' you might infringe upon their IP."

CSMatt points with this excerpt from the EFF's page: "Last week, the RIAA celebrated the signing of a ridiculous new law in Tennessee that says: 'Each public and private institution of higher education in the state that has student residential computer networks shall: [...] [R]easonably attempt to prevent the infringement of copyrighted works over the institution's computer and network resources, if such institution receives fifty (50) or more legally valid notices of infringement as prescribed by the Digital Millennium Copyright Act of 1998 within the preceding year.' While the entertainment industry failed to get 'hard' requirements for universities in the Higher Education Act passed by Congress earlier this year, the RIAA succeeded in Tennessee (and is pushing in other states) with this provision that gives Big Content the ability to hold universities hostage through the use of infringement notices. Moreover, the new rules will cost Tennessee a pretty penny — in the cost review attached to the Tennessee bill, the state's Fiscal Review Committee estimates that the new obligations will initially cost the state a whopping $9.5 million for software, hardware, and personnel, with recurring annual costs of more than $1.5 million for personnel and maintenance."

I Don't Believe in Imaginary Property writes "Wired has an interview with Matt Mason, author of The Pirate's Dilemma: How Youth Culture Is Reinventing Capitalism, which discusses how businesses could make money off of piracy, rather than attacking people in a futile attempt to suppress it. And some of his ideas are gaining traction; work is underway on a TV show called Pirate TV, which he describes as 'two parts Anthony Bourdain, one part Mythbusters.' (Heroes executive producer Jesse Alexander is on board.) Also, Mason is pretty good about practicing what he preaches in that you can pirate his book on his own website."

Mike writes "The title says it all — The EFF is suing to have the unconstitutional telecom immunity overturned. 'In a brief filed in the US District Court [PDF] in San Francisco, the EFF argues that the flawed FISA Amendments Act (FAA) violates the federal government's separation of powers as established in the Constitution and robs innocent telecom customers of their rights without due process of law. [...] "We have overwhelming record evidence that the domestic spying program is operating far outside the bounds of the law," said EFF Senior Staff Attorney Kurt Opsahl. "Intelligence agencies, telecoms, and the Administration want to sweep this case under the rug, but the Constitution won't permit it."'"

Mike writes "The title says it all — The EFF is suing to have the unconstitutional telecom immunity overturned. 'In a brief filed in the US District Court [PDF] in San Francisco, the EFF argues that the flawed FISA Amendments Act (FAA) violates the federal government's separation of powers as established in the Constitution and robs innocent telecom customers of their rights without due process of law. [...] "We have overwhelming record evidence that the domestic spying program is operating far outside the bounds of the law," said EFF Senior Staff Attorney Kurt Opsahl. "Intelligence agencies, telecoms, and the Administration want to sweep this case under the rug, but the Constitution won't permit it."'"

I Don't Believe in Imaginary Property writes "President Bush has signed the EIPRA (AKA the PRO-IP Act) and created a cabinet-level post of 'Copyright Czar,' on par with the current 'Drug Czar,' in spite of prior misgivings about the bill. They did at least get rid of provisions that would have had the DOJ take over the RIAA's unpopular litigation campaign. Still, the final legislation (PDF) creates new classes of felony criminal copyright infringement, adds civil forfeiture provisions that incorporate by reference parts of the Comprehensive Drug Abuse Prevention and Control Act of 1970, and directs the Copyright Czar to lobby foreign governments to adopt stronger IP laws. At this point, our best hope would appear to be to hope that someone sensible like Laurence Lessig or William Patry gets appointed."

chromakey writes "The Wall Street Journal is running an essay from Lawrence Lessig about the fair use of copyrighted material on the Internet. He makes the case that companies who go to extreme lengths to squash minor videos, such as Universal, are stifling creativity in the modern era. Lessig makes specific reference to a YouTube video that was hit by a DMCA takedown notice, in which a 13-month-old child is dancing to a nearly inaudible soundtrack of Prince's 'Let's Go Crazy.' Lawrence Lessig is a board member for the Electronic Frontier Foundation."

I Don't Believe in Imaginary Property writes "The Senate has passed the PRO-IP Act. While they stripped out the provision to have the DoJ act as copyright cops, it still contains increased penalties for infringement, civil forfeiture provisions, and creates an 'IP czar' to coordinate enforcement. Even though the civil forfeiture provisions are ostensibly intended for use against commercial piracy outfits, history indicates that they will probably get used against individuals at some point. Worse, because they left out the only part of the bill that Bush threatened to veto, it is expected to pass. It is going back to the House where they're expected to pass it on Saturday, after which the President will probably sign it. So, if you want to contact your representative, hurry." An anonymous reader notes that DefectiveByDesign.Org is mobilizing to fight this legislation. The Senate vote was unanimous. We've been following the progress of this bill for quite some time.

I Don't Believe in Imaginary Property writes "The White House has opposed the bipartisan bill that would create copyright cops on the grounds that it would cause the Department of Justice to end up 'serving as pro bono lawyers for private copyright holders.' And while they do occasionally prosecute criminal copyright infringement, they have no intention of dabbling with civil cases because, 'taxpayer-supported department lawyers would pursue lawsuits for copyright holders, with monetary recovery going to industry.' At this rate, the discovery of winged suiformes would appear to be imminent."

VisualE writes "The Electronic Frontier Foundation (EFF) will file a lawsuit against the National Security Agency (NSA) and other government agencies today on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records. The five individual plaintiffs are also suing President George W. Bush, Vice President Dick Cheney, Cheney's chief of staff David Addington, former Attorney General and White House Counsel Alberto Gonzales and other individuals who ordered or participated in the warrantless domestic surveillance."

I Don't Believe in Imaginary Property writes "Rep. Loretta Sanchez (D-CA) has introduced a bill that would add accountability to the DHS searches conducted upon the laptops of those crossing the border. Specifically, it would require the issue of receipts to those who had their property confiscated so that it could later be returned, would limit how long the DHS can keep laptops, would require them to keep the laptop's information secure, and would create a way to complain about abuse. Finally, the DHS would be required to keep track of how many searches were done and report the details to Congress. Rep. Sanchez also has also issued a statement about the proposed bill."

I Don't Believe in Imaginary Property writes "One hundred groups of concerned citizens have united to demand a look at the secret ACTA (Anti-Counterfeiting Trade Agreement) treaty and have drafted a letter to their representatives asking for information. We've discussed ACTA before, including what are believed to be parts of ACTA that lawmakers are trying to get a head start on."

kahunak writes to alert us that GIMPS has announced that the 45th and 46th Mersenne primes have been confirmed. The EFF's $100,000 award, for the first prime over 10 million digits in length, will probably be claimed. (We discussed no. 45 when it was announced.)

MacRonin recommends a press release over at the EFF on their recent court victory affirming that cell phone location data is protected by the Fourth Amendment. Here is the decision (PDF). "In an unprecedented victory for cell phone privacy, a federal court has affirmed that cell phone location information stored by a mobile phone provider is protected by the Fourth Amendment and that the government must obtain a warrant based on probable cause before seizing such records. EFF has successfully argued before other courts that the government needs a warrant before it can track a cell phones location in real-time. However, this is the first known case where a court has found that the government must also obtain a warrant when obtaining stored records about a cell phones location from the mobile phone provider."

MacRonin recommends a press release over at the EFF on their recent court victory affirming that cell phone location data is protected by the Fourth Amendment. Here is the decision (PDF). "In an unprecedented victory for cell phone privacy, a federal court has affirmed that cell phone location information stored by a mobile phone provider is protected by the Fourth Amendment and that the government must obtain a warrant based on probable cause before seizing such records. EFF has successfully argued before other courts that the government needs a warrant before it can track a cell phones location in real-time. However, this is the first known case where a court has found that the government must also obtain a warrant when obtaining stored records about a cell phones location from the mobile phone provider."

I Don't Believe in Imaginary Property writes "The Senate Judiciary Committee has approved the EIPA (the Enforcement of Intellectual Property Rights Act of 2008), which would create copyright cops. And these cops would take over the RIAA's War on Sharing by filing civil lawsuits and using civil forfeiture laws to take any and all computers engaged in infringement. Worse, they would even seize computers (such as servers or database farms) that house the data of innocent people, and these people would not have any right to get their data back. At best the 'virtual bystanders' who happened to have data on a computer used for infringement could get a protective order saying that no one should go rummaging through their stuff. Perhaps the only good thing in the bill is that they've excluded DMCA circumvention from the list of grounds for seizure. So while the Senators believe this is needed to combat foreign copyright infringement cartels, it's entirely likely that innocent people will be harmed by this law."

Ian Lamont writes "YouTube has reposted anti-Scientology videos and reinstated suspended YouTube accounts after receiving thousands of apparently bogus DCMA take-down notices. Four thousand notices were sent to YouTube last Thursday and Friday by American Rights Counsel, LLC. After YouTube users responded with counter-notices, many of the videos were reposted. It turns out that the American Rights Counsel had no copyright claim on the videos, and the group may not even exist, although the text of the DCMA notices have been linked to a Wikipedia editor. While filing a false DMCA notice is a criminal offense, prosecution in these cases rarely comes about."

An anonymous reader writes "From the EFF webpage: 'Over a period of twelve hours, between this Thursday night and Friday morning, American Rights Counsel LLC sent out over 4000 DMCA takedown notices to YouTube, all making copyright infringement claims against videos with content critical of the Church of Scientology.'"

I Don't Believe in Imaginary Property writes "Wikileaks seems to be a bit hard-up for cash, so they're trying a little experiment. They plan to auction off an archive with three years worth of Hugo Chavez' email. The winner will get a period of embargoed access to break any stories they can find in the files, while Wikileaks will later publish the archive in full. Wikileaks plans to use the profits for their legal defense fund, but they may run into trouble because most reputable news outlets have policies against paying sources."

I Don't Believe in Imaginary Property writes "NASA has received interesting results from the Fermi Gamma-ray Space Telescope, originally known as GLAST, which has allowed them to create new map of the gamma-ray sky. The secret to its ability to resolve gamma-rays is that they use layers of tungsten interleaved with silicon detectors. When a gamma-ray strikes tungsten, it produces an electron/positron pair due to the photoelectric effect, which cascades as it goes through further layers of tungsten. Meanwhile, they record which silicon detectors had electrons or positrons pass through them to determine the direction of the source and they also record the total energy of the electron/positron pairs to calculate the wavelength of the gamma-ray using Planck's Law. The data gathered in just its first few hours of operation is reportedly comparable to the data from the Energetic Gamma-Ray Experiment Telescope, which gathered data for nine years back in the 1990's and there are hopes that it could detect dark matter in the form of weakly interacting massive particles (WIMPs)."

An anonymous reader writes "The Great Internet Mersenne Prime Search (GIMPS) has apparently discovered a new world-record prime number. A GIMPS client computer reported the number on August 23rd, and verification is currently under way. The verification could take up to two weeks to complete. The last Mersenne prime discovered was over 9.8 million digits long, strongly suggesting that the new value may break the 10 million digit barrier — qualifying for the EFF's $100,000 prize!"

I Don't Believe in Imaginary Property writes "The database used by the government to generate lists like the No-Fly List is 'crippled by technical flaws,' according to the chairman of a House technology oversight subcommittee. And the upgrade may be worse than the original. Rep. Brad Miller (D-NC) says that 'if actually deployed, [the upgrade] will leave our country more vulnerable than the existing yet flawed system in operation today.' It seems that the current database doesn't have any easy way to do plain-text matching, forcing users to enter SQL queries. That might not sound so bad until you learn that the database contains 463 poorly indexed tables. How long until there's a terrorist named Robert'); DROP DATABASE; —?"

I Don't Believe in Imaginary Property writes "Attorney General Michael Mukasey has agreed to allow Congressional hearings, but not to delay, the implementation of new FBI regulations that would allow them to spy on American citizens who are not suspected of any crime. As an editorial in the New York Times points out, this is a power that has a history of abuse. In times past, it was used to wiretap Rev. Martin Luther King, Jr. and to spy on other civil rights and anti-war protesters." As Dekortage points out, "Several senators have formally complained that citizens could be investigated 'without any basis for suspicion,' which the Justice Department denies."

I Don't Believe in Imaginary Property writes "Premier Election Solutions (a subsidiary of Diebold) has acknowledged a flaw that causes the systems to lose votes. It cannot be patched before the election and the machines are used in half of Ohio's counties, but they are issuing guidelines for avoiding the problem that presumably contain a work-around. While Diebold initially blamed anti-virus software for the glitch, they have now discovered that the bug was their own fault for not recording votes to memory when the cards are uploaded in 'certain circumstances' — something their initial analysis missed. It would be nice to hope that Ohio poll workers would be tech-savvy enough to make this a non-issue, but they had poll worker shortages last year and might need tech-savvy people to volunteer."

I Don't Believe in Imaginary Property writes "US District Judge Jeremy Fogel has ruled that an 'allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim,' which paves the way for a lawsuit against Universal Music over a ridiculous DMCA Takedown notice they filed. One can only hope that this ruling will some day be used against those who file misguided copyright complaints against computer printers. Those lawyers who rely upon buggy infringement detection programs to do their thinking for them — programs which are incapable of making subjective considerations like fair use — might want to think again before rubber stamping computer-generated DMCA Takedown notices."

I Don't Believe in Imaginary Property writes "According to a new ruling, those put on the No-Fly List can challenge their inclusion in federal court. Previously, they had to go directly to an appellate court, which would deprive them of any chance to subpoena documents or witnesses and make gathering evidence difficult or impossible. Knowing the government, they will get around this by creating a 'No-Sue' list and making it even harder to change your name."

bullyBEEF writes "Malicious hackers are using booby-trapped Flash banner ads to hijack clipboards for use in rogue security software attacks. In the Web attacks, which affect Mac, Windows, and Linux users running Firefox, IE, and Safari, bad guys are seizing control of the machine's clipboard (probably using the Flash command setClipboard) and inserting a hard-to-delete URL that points to a fake anti-virus program. A number of legitimate sites have been seen to host ads carrying the attack — including Newsweek, Digg, and MSNBC.com. Researcher Aviv Raff offers a harmless demo of how it's done."

I Don't Believe in Imaginary Property writes "In Vermont, US Magistrate Judge Jerome Niedermeier has ruled that forcing someone to divulge the password to decrypt their hard drive violates the 5th Amendment. Border guards testify that they saw child pornography on the defendant's laptop when the PC was on, but they made the mistake of turning it off and were unable to access it again because the drive was protected by PGP. Although prosecutors offered many ways to get around the 5th Amendment protections, the Judge would have none of that and quashed the grand jury subpoena requesting the defendant's PGP passphrase. A conviction is still likely because prosecutors have the testimony of the two border guards who saw the drive while it was open." The article stresses the potential importance of this ruling (which was issued last November but went unnoticed until now): "Especially if this ruling is appealed, US v. Boucher could become a landmark case. The question of whether a criminal defendant can be legally compelled to cough up his encryption passphrase remains an unsettled one, with law review articles for the last decade arguing the merits of either approach."

Update: 08/19 23:49 GMT by KD : Several readers have pointed out that this story in fact did not go unnoticed.

I Don't Believe in Imaginary Property writes "Ever wonder about all those groups claiming Google had a 'search monopoly' (as if there are no other search engines), or worse, coming out against Net Neutrality? CNet has a story about a shady DC lobbying group called LawMedia Group, being paid by Microsoft and Comcast, that is behind many of these attacks. That said, it's a mystery why they weren't able to pay more authoritative groups than the American Corn Growers Association or the League of Rural Voters to weigh in on technical matters. As a computer geek from corn country, I wouldn't solicit their opinion on tractor repair, let alone Internet policy."

I Don't Believe in Imaginary Property writes "John McCain has finally released a technology platform. Most of it is the same old stuff; lower corporate taxes, protect children from porn, and avoid Internet regulation unless 'necessary.' Alas, in his view, helping the RIAA's War on Sharing is necessary to stop the 'global epidemic' of piracy, while Net Neutrality is something he 'does not believe in.' Ars Technica has a review of McCain's platform." A brief analysis is also available from Federal Computer Week. In addition to the technology policy, McCain has also released a paper describing his stance on security and privacy. We've previously contrasted his views with those of Barack Obama. Obama's technology policies are also available online.

MojoKid writes with this excerpt from HotHardware: "According to the Electronic Frontier Foundation (EFF), a dangerous legal precedent has just been set that can potentially unravel existing federal privacy protections for e-mail and Internet usage. The alert from the EFF is not just to sound a general warning, but it also takes the form of an Amicus curiae (friend of the court) brief, filed with the federal 9th US Circuit Court of Appeals, asking for the court's legal finding to be overturned... The findings of this case could become the foundation of a legal precedent upon which other similar cases can subsequently be based. If that were to be the case, then the unauthorized retrieving of e-mails from an e-mail server would not be considered a violation of the federal Wiretap Act, which will then open the door for government-sponsored snooping."

I Don't Believe in Imaginary Property writes "William Patry, noted copyright expert and Google's top copyright lawyer, has decided to close his personal blog. (For no reason that he has explained, the archives are gone too.) Ordinarily, that wouldn't be very newsworthy, but that little blog has made a lot of news, outing the ACTA treaty and discussing lots of other important pending legislation. Mr. Patry gives two reasons for the closure: his personal views were being attributed to Google, and the current trends in copyright law are too depressing. Though I am not the only one to have done so, as someone who has contributed to that misunderstanding by listing his credentials without a disclaimer, I would like to publicly apologize to him. Unfortunately, there's nothing I can do to reverse the depressing trends in copyright law that I'm not doing already."

Bridge to Nowhere writes "ZDNet is reporting that Microsoft will start sharing details on software vulnerabilities with security vendors ahead of Patch Tuesday under a daring new program aimed at reducing the window of exposure to hacker attacks. The new Microsoft Active Protections Program (MAPP) will give anti-virus, intrusion prevention/detection and corporate network security vendors a head-start to add signatures and filters to protect against Microsoft software vulnerabilities."

Placid notes that the EFF has announced Switzerland, a tool for testing if your ISP is interfering with your Net connection (e.g. by resetting BitTorrent transfers). It's command-line only at this point. Of course the tool is FOSS, and you can contribute to it via its SourceForge project. From the announcement: "Developed by the Electronic Frontier Foundation, Switzerland is an open source software tool for testing the integrity of data communications over networks, ISPs, and firewalls. It will spot IP packets which are forged or modified between clients, inform you, and give you copies of the modified packets."

An anonymous reader brings news that the College Opportunity and Affordability Act has passed in the US Senate and now awaits only the President's signature before becoming law. Hidden away in the lengthy bill are sections which tie college funding to "offering alternatives to illegal downloading or peer-to-peer distribution of intellectual property as well as a plan to explore technology-based deterrents to prevent such illegal activity." The EFF issued a statement expressing concern over the bill earlier this year, shortly before the House of Representatives approved it. We discussed the introduction of the bill last November. The Senate vote was 83-8, with 9 not voting. The full text of the bill is available. The relevant section is 494, at the end of the general provisions.

I Don't Believe in Imaginary Property writes "Whether they're mad at the Republicans for creating the mess, the Democrats for caving in, or both, many are still pissed off over the grant of retroactive immunity for spying on American citizens for no reason. And now some of them are trying to do something about it — they're buying an advertisement on cable TV. While it's not entirely clear what good, if any, this will do given that it's too late, at least it's cheap to participate — they're looking for $6 donations. The ideas is that, if more grass-roots groups do this kind of thing, their 'representatives' won't be able to afford to blow them off as easily."

I Don't Believe in Imaginary Property writes "Senators Patrick Leahy (D-VT) and Arlen Specter (R-PA) have just sponsored a new bill, the Enforcement of Intellectual Property Rights Act of 2008, which would combine the worst parts of the PRO-IP Act and the PIRATE Act. The basic idea is pretty simple: expand the Federal government to create something like the Department of Homeland Security for IP. The Copyright Czar then polices the internet and clogs the courts with thousands of civil lawsuits against individual infringers so the RIAA doesn't have to. Feel free to contact your representatives with your feelings about this bill. Right now, they believe the bill (PDF) will 'protect jobs.'"

Brad Templeton writes "I (whom you may know as EFF Chairman, founder of early dot-com Clari.Net and rec.humor.funny) have just released a new series of futurist essays on the amazing future of robot cars, coming to us thanks to the DARPA Grand Challenges. The computer driver is just the beginning — the essays detail how robocars can enable the cheap electric car, save millions of lives and trillions of dollars, and are the most compelling thing computer geeks can work on to save the planet. Because robocars can refuel, park and deliver themselves, and not simply be chauffeurs, they end up changing not just cars but cities, industries, energy, and — by removing dependence on foreign oil — even wars. I, for one, welcome our new robot overlords." (More below.) Templeton continues: "The key realization is that while the safety and timesavings that come from having computers as chauffeurs is very important and can save a million lives every year, a number of interesting consequences come from the ability of robocars to drive themselves while vacant. This allows them to deliver themselves to us on demand, to park themselves and to refuel/recharge themselves. On-demand delivery makes car sharing pleasant and allows the use of "the right vehicle for the trip" on most trips. Self-refueling means the people using cars no longer need care about range or how common fueling stations are, enabling all sorts of novel energy systems with minimal "chicken and egg" problems. Because passengers don't care about the range of their taxis, battery weight and cost are no longer issues in electric cars and scooters."

I Don't Believe in Imaginary Property writes "A Florida patent troll called Channel Intelligence is suing everyone from Lemonade to Remember the Milk for infringing on patent 6,917,941, which covers storing a wishlist in a database. Amazon and eBay are absent from the list of targets, even though they very likely store users' wishlists in a database. With any luck, perhaps one of the defendants will get to use that precedent PJ found the other day from In re Lintner, which said, '[c]laims which are broad enough to read on obvious subject matter are unpatentable even though they also read on non-obvious subject matter.'"