Slashdot Mirror

I Don't Believe in Imaginary Property brings us an analysis of several organizations' goals for the Anti-Counterfeiting Trade Agreement, which we've discussed previously. In particular, he points out the anti-privacy views of the Business Software Alliance: "While the ACTA itself is not public, the US Trade Representative has at least released the ACTA comments. While many of them are to be expected, such as the RIAA & co. wanting copyright filters, one item on the BSA's wish list really stands out: 'In a number of European countries one of the biggest impediments to efforts by rights holder to enforce their IP rights on the Internet is the overbroad interpretation of privacy laws by some European authorities.' They want ACTA to 'fix' that by neutering the privacy laws. Given the BSA's other questionable activities, it couldn't hurt to tell their member companies what you think of their participation. After all, organizations like the BSA exist in part to shield their members from bad PR." Full documents of comments from the various organizations are available at Public Knowledge.

I Don't Believe in Imaginary Property writes "EU Commissioner Charlie McCreevy has unveiled a plan to retroactively extend musical copyrights by 45 years, which would make EU musical copyrights last 95 years total. Why? They're worried that musicians won't continue to collect royalties when they retire and this will give them an additional 45 years during which they won't have to produce any new music. Perhaps the only good point is that the retroactive extensions won't take effect for any works which aren't marketed in the first year after the extension. Additionally, while there are many non-musical retirees wishing they could get paid for 95 years after they finish working, McCreevy has not announced any new plans to help them."

I Don't Believe in Imaginary Property writes "With SCO in Chapter 11 bankruptcy and there being little to read other than status reports and the boring financial details of how the company is wasting its last few dollars, one could be excused for thinking the SCO lawsuits had lost their zip. But things just got a bit more interesting. Jonathan Lee Riches has asked the court to take over. Yes, the man also known as inmate #40948-018 is now bringing his legal experience to the table, having previously filed pro se lawsuits against such entities as Michael Vick, Michael Jordan, Mickey Mantle, the Lincoln Memorial, the Thirteen Tribes of Israel, 'Various Buddhist Monks,' Mein Kampf, Denny's, George W. Bush, the Soviet Gulag Archipelago, Bellevue Hospital, Iran's Evin Prison, Auschwitz, and Plato. In his hand-written pro se motion (PDF), he asks to intervene as Plaintiff pursuant to FRCP 24(a)(2). As best anyone can read the motion, it appears that he offered Novell some 'royalty payments' and they refused them, so he wants to protect his UnixWare rights. He also claims to have proof of SCO's claims, but he wants take over part of the case via FRCP 24 because SCO isn't competent, and allegedly he could do a better job. To be fair, between him and Darl, it's something of a toss-up."

I Don't Believe in Imaginary Property writes "Malware writers have been obfuscating their JavaScript exploit code for a long time now and SANS is reporting that they've come up with some new tricks. While early obfuscations were easy enough to undo by changing eval() to alert(), they soon shifted to clever use of arguments.callee() in a simple cipher to block it. Worse, now they're using document.referrer, document.location, and location.href to make site-specific versions, too. But SANS managed to stop all that with an 8-line patch to SpiderMonkey that prints out any arguments to eval() before executing them. It seems that malware writers still haven't internalized the lesson of DRM — if my computer can access something in plaintext, I can too."

I Don't Believe in Imaginary Property writes "The war against the alt.* hierarchy of Usenet continues as NY Attorney General Andrew Cuomo has convinced two more ISPs to drop access to part of Usenet. They've also set up the website NY Stop Child Porn, and convinced California to join them in the fight. In some sense, this is rather like bulldozing the slums to fight crime; sure, it might get rid of a lot of undesirables, but it also affects many innocent people, and everyone will now start migrating elsewhere in droves. The article notes, 'Cuomo's new web site signifies that he's clearly not done yet. It includes contact information for 20 ISPs that presumably operate in New York, and text of a letter to send to them to urge that they sign on to the campaign.' And you thought the Eternal September was bad..."

zehnra writes "The U.S. Senate this afternoon passed the FISA Amendments Act, broadly expanding the president's warrantless surveillance authority and unconstitutionally granting retroactive immunity to telecommunications companies that participated in the president's illegal domestic wiretapping program. The House of Representatives passed the same bill last month, and President Bush is expected to sign the legislation into law shortly." The New York Times has a story, as does the Associated Press (carried here by Yahoo!). Reader Guppy points out the roll call for the vote.

I Don't Believe in Imaginary Property writes "With the telecoms all but assured of amnesty for their participation in illegal spying, there's now one last amendment in their way — the Bingaman amendment. Because President Bush is unwilling to sign FISA reform without immunity, and because Blue Dog Democrats fear for their reelection unless FISA reform as a whole passes, most compromise positions are already off the table. So the new amendment seeks to sidestep part of the problem by moving it to a later date. It would put the court cases and amnesty provision on hold until a report is completed detailing exactly what happened, allowing Congress to consider denying amnesty at that time. There's an EFF campaign to support both this and the Dodd-Feingold amendment, which would strip immunity altogether."

I Don't Believe in Imaginary Property writes "With the telecoms all but assured of amnesty for their participation in illegal spying, there's now one last amendment in their way — the Bingaman amendment. Because President Bush is unwilling to sign FISA reform without immunity, and because Blue Dog Democrats fear for their reelection unless FISA reform as a whole passes, most compromise positions are already off the table. So the new amendment seeks to sidestep part of the problem by moving it to a later date. It would put the court cases and amnesty provision on hold until a report is completed detailing exactly what happened, allowing Congress to consider denying amnesty at that time. There's an EFF campaign to support both this and the Dodd-Feingold amendment, which would strip immunity altogether."

I Don't Believe in Imaginary Property writes "F-Secure is reporting that there are two new Mac OS X trojans. The first is just a proof-of-concept from the MacShadows people that takes advantage of the unpatched ARDAgent vulnerability to get root access when run by the user. The second relies on social engineering: it's a poker game that requests the user's password, claiming to have detected a 'corrupt preference file.' It then takes control of the computer. Now that the source of the proof-of-concept is publicly available, we can expect that future trojans won't just politely request your password."

I Don't Believe in Imaginary Property writes "Members of this community may want to venture out of the basement more often, because Dr. Harald Dobnig and his team have found that vitamin D deficiency leads to increased mortality. These results still hold when they take into account such factors as exercise and heart disease. Low vitamin D status has 'other significant negative effects in terms of incidence of cancer, stroke, sudden cardiac death and death of heart failure,' Dr. Dobnig said. The evidence of ill effects from low vitamin D 'is just becoming overwhelming at this point.' Vitamin D3 is usually produced by exposure to the UV-B in sunlight, but in high latitudes, especially in the fall and winter, insufficient UV-B gets through the atmosphere to produce enough vitamin D3, even with hours of exposure. The researchers are recommending that people at risk for deficiency take 800 IU of vitamin D3 daily. Just don't go overboard — as a fat-soluble vitamin, D3 is more capable of causing adverse effects at unnaturally high dosages. The human body tops out at producing about 10,000 IU per day." According to the Wikipedia entry linked above, the D2 (ergocalciferol) version -- available as a vegan product -- works approximately as well to supply humans with their needed vitamin D.

Bimo_Dude writes "Today (June 20), Steny Hoyer is bringing to the House floor the latest FISA bill (PDF), which includes retroactive immunity for the telcos. The bill also is very weak on judicial review, allowing the telcos to use a letter from the president as a 'get out of liability free' card. Here are comments from the EFF. Glenn Greenwald, writing in Salon, describes the effect of the immunity clause this way: 'So all the Attorney General has to do is recite those magic words — the President requested this eavesdropping and did it in order to save us from the Terrorists — and the minute he utters those words, the courts are required to dismiss the lawsuits against the telecoms, no matter how illegal their behavior was.'"

An anonymous reader writes "This just in: a new 'compromise' FISA Bill (PDF) was just made public, which, the Electronic Frontier Foundation reports, 'contains blanket immunity for telecoms that helped the NSA break the law and spy on millions of ordinary Americans.' The House vote is tomorrow, June 20. After all the secret rooms and everything ... if they get immunity and the public never finds out what happened, the only other logical next step is to convince everyone I know not to get an iPhone." CNN covers this get-out-of-lawsuit play as well.

An anonymous reader writes "This just in: a new 'compromise' FISA Bill (PDF) was just made public, which, the Electronic Frontier Foundation reports, 'contains blanket immunity for telecoms that helped the NSA break the law and spy on millions of ordinary Americans.' The House vote is tomorrow, June 20. After all the secret rooms and everything ... if they get immunity and the public never finds out what happened, the only other logical next step is to convince everyone I know not to get an iPhone." CNN covers this get-out-of-lawsuit play as well.

DJMajah writes "Universal Music Group's case against Troy Augusto, fought by the Electronic Frontier Foundation, has been dismissed by a federal judge. UMG sued Augusto, the owner of Roast Beast Music, over 26 eBay listings of promotional CDs. UMG argued that promo CDs distributed for free to radio stations, DJs and other industry insiders could not be resold; the discs usually carry a label reading 'For promotional use only, not for resale.' UMG asserted the doctrine of first sale does not apply, as the discs were not actually sold and therefore remained UMG's property. The judge ruled that the doctrine does apply because the discs were gifts. The labels indicate no expectation of their return."

snydeq writes "The EFF and the Association of Corporate Travel Executives have filed an amicus brief with the 9th Circuit Court of Appeals requesting that the full court rehear and reverse a three-judge ruling (PDF) that empowers border agents routinely to search files on laptops and mobile devices. The case in question involves US citizen Michael Arnold, who, returning from the Philippines in July 2005, had his laptop confiscated at LAX by custom officials after they opened files in folders marked 'Kodak Pictures' and 'Kodak Memories' and found photos of two naked women. Later, when Arnold was detained, officials uncovered photo files on Arnold's laptop that they believed to be child pornography. In addition to raising Fourth Amendment issues, the amicus brief (PDF) reiterates the previous District Court ruling on Arnold's case regarding the difference between computers and gas tanks, suitcases, and other closed containers, 'because laptops routinely contain vast amounts of the most personal information about people's lives — not to mention privileged legal communications, reporters' notes from confidential sources, trade secrets, and other privileged information.'"

I Don't Believe in Imaginary Property writes "The folks at Kaspersky labs are turning to distributed computing to factor the RSA key used by the GPcode virus to encrypt people's files and hold them for ransom. There are two 1024-bit RSA keys to break, which should require a network of about 15 million modern computers to spend a year per key factoring them. Unfortunately, there appear to be no vulnerabilities in the virus' use of RSA, unlike some previous cases. Perhaps more interestingly, there's some debate over whether people should bother cracking it. After all, what if they were trying to trick us into factoring the key for a root signing authority? Besides, there's a more direct method of breaking the encryption: track down the people who wrote the virus and force them to talk."

I Don't Believe in Imaginary Property writes "Scientists P. Neumann, N. Mizuochi & co. have advanced quantum computing by finding a new method to get two-way and three-way, high quality quantum correlations that persist for hundreds or thousands of microseconds, even at room temperature. Their paper (subscription required) describes how they manipulated electrons from nitrogen vacancies in diamond using microwaves to entangle adjacent carbon-13 nuclei. Even better, this builds on previous results which indicate that diamonds with nitrogen impurities may be the key to creating useful quantum computing devices. The article provides a good description of what nitrogen vacancies are and why they prove useful."

I Don't Believe in Imaginary Property writes "While there have been shifting reports about McCain's view on warrantless wiretapping, nothing could be clearer than the latest comment by McCain adviser Doug Holtz-Eakin, who said, 'We do not know what lies ahead in our nation's fight against radical Islamic extremists, but John McCain will do everything he can to protect Americans from such threats, including asking the telecoms for appropriate assistance to collect intelligence against foreign threats to the United States as authorized by Article II of the Constitution.' Article II, of course, is what Bush has argued gives the President virtually unlimited power during war, and McCain has already voted in favor of Telecom Immunity, though he sometimes mentions, to those asking for accountability, wanting to hold hearings about what the telecoms did."

I Don't Believe in Imaginary Property writes "The rumors of a fourth OOXML complaint turned out to be true. Denmark has become the fourth nation to protest the ISO's acceptance of OOXML, and Groklaw has a translation of their complaint. They now join India, Brazil, and South Africa. There are going to be plenty of questions about deadlines, because people have been given two different deadlines for appeals, and the final DIS of OOXML was late in being distributed and not widely available. In fact, that seems to be one of Denmark's complaints, along with missing XML schemas, contradictory wording, lack of interoperability, and troubles with the maintenance of DIS29500. In other words, we should expect a lot of wrangling over untested rules from here on out, and Microsoft knows how to deal with that."

I Don't Believe in Imaginary Property writes "Wired has an interview with MediaDefender in which they try to explain why they attacked Revision3, which uses BitTorrent to host its own content. Somehow it eluded MediaDefender that they had injected fake content into Revision3's tracker, so when Revision3 changed configuration to forbid this injection, MediaDefender's systems saw it as a pirate tracker with lots of illegal content (which MediaDefender had put there) and attacked. In other words, everything they did was intentional except for the choice of target. Given that they have 9 Gbps of bandwidth dedicated to denial-of-service attacks against torrent trackers, all anyone needs to do is to trick them into attacking a hospital or government facility. MediaDefender has never been very competent, after all."

I Don't Believe in Imaginary Property writes "India is now the third country to appeal the ISO's approval of OOXML, with their appeal arriving just before the deadline last night. According to PC World, this makes OOXML the first BRM process under ISO/JTC 1 to be appealed, which leaves us in uncharted territory. Although there was substantial confusion in the comments on yesterday's story, Brazil is really appealing, not merely disapproving, of OOXML, having sent a letter that begins with 'The Associação Brasileira de Normas Técnicas (ABNT), as a P member of ISO/IEC/JTC1/SC34, would like to present, to ISO/IEC/JTC1 and ISO/IEC/JTC1/SC34, this appeal for reconsideration of the ISO/IEC DIS 29500 final result.' Groklaw speculates that this may have something to do with Microsoft hedging their bets by supporting ODF 1.1 in Office 2007, though we probably won't see any more countries appeal now that the deadline has passed."

I Don't Believe in Imaginary Property writes "You can't make stuff like this up. The EU is actually testing a prototype system of cameras in airplanes to monitor passengers' facial expressions in order to detect both terrorism and 'air rage.' The Security of Aircraft in the Future European Environment (SAFEE) project used an Airbus A380 fuselage with six wide-angle cameras to watch for people running or loitering near the cockpit door, as well as a camera in the back of every seat to watch for facecrime like sweating too much, or acting nervous. But that's okay, because the system won't alert anyone until it sees a 'combination of signs,' instead of just one stray expression, or they might accidentally catch a lot of people who are afraid of flying or of being watched."

I Don't Believe in Imaginary Property writes "Brazil is now appealing the ISO's decision to standardize OOXML, following South Africa's lead. Interestingly, part of the reason this took so long was that Microsoft supporters at the meetings kept asking for delays because they 'weren't prepared' to discuss the issues raised. And the ISO as a whole is moving rather slowly, after that delay in releasing the DIS. But at least the ISO is also rewriting the directives in a special working group so this doesn't happen again. Of course, they'd have to be strict about making sure the directives are followed for it to help."

I Don't Believe in Imaginary Property writes "A TJX employee was fired for an online post mentioning that TJX hasn't beefed up security after the recent, massive data breach that saw 94 million credit card numbers copied by criminals and money from their accounts stolen. The employee mentioned that, at first, their usernames were the same as their passwords. After they required stronger passwords, some managers complained, so they 'compromised' by allowing blank passwords. The whistleblower said he discussed his concerns with management, but that it was like talking to a brick wall. In spite of the weak internal security, TJX now has a firm that scours the internet to find bad things posted about them, which is how they found the message and fired him for it. Too bad they don't appear to have hired anyone to beef up operational security or to convince people to use strong passwords."

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."

I Don't Believe in Imaginary Property writes "A Brooklyn man has been found guilty of conspiracy to commit criminal copyright infringement by a federal jury in Virginia. He now faces up to five years in prison, a quarter-million-dollar fine, and three years of parole, not to mention the 'full restitution' he has to make to the RIAA. The charges against him stem from his role as 'Dextro,' the administrator of one of the Apocalypse Production Crew's file servers — APC being one of the release groups that specialize in pre-release music. While he's the 15th member of APC to be charged under the US DOJ's Operation Fastlink, he's the first to be convicted. He will be sentenced on August 8th. For those wondering when infringement became a criminal matter, you can thank the NET Act, which was signed into law in 1997 by Bill Clinton."

I Don't Believe in Imaginary Property writes "Why is a 5th Circuit product liability case getting interest from lawyers all over the country? Because it might put an end to forum shopping by 'non practicing entities' (patent trolls) who prefer to file in the Eastern District of Texas, no matter how little relevance that forum has to their case. Thanks to the rules involving 28 U.S.C. 1404(a) motions and patent cases, people who get sued in Marshall, Texas usually can't get the case transferred elsewhere, even though that forum is seen as unreasonably favorable for patent plaintiffs. But, if the panel of judges in In Re: Volkswagen rules the way some anticipate, that could all change, and there are no less than six amici curiae who have filed briefs arguing both sides of it."

FiReaNGeL writes "Astronomers have seen the aftermath of spectacular stellar explosions known as supernovae before, but no one had witnessed a star dying in real time — until now. While looking at another object in the spiral galaxy NGC 2770, using NASA's orbiting Swift telescope, scientists detected an extremely luminous blast of X-rays released by a supernova explosion. They alerted 8 other telescopes to turn their eyes on this first-of-its-kind event. 'We were looking at another, older supernova in the galaxy, when the one now known as SN 2008D went off. We would have missed it if it weren't for Swift's real-time capabilities, wide field of view, and numerous instruments.'" Bad Astronomy has an excellent, well-illustrated story about the discovery as well. I Don't Believe in Imaginary Property contributes a link to the BBC's coverage, and adds a nugget gleaned from Ars Technica: "SN 2007uy's collapse caused an X-ray burst of about 10^39 joules, most likely due to the 'shock break out' when the energy of the core's collapse finally reached the neutron star's surface."

theodp writes "Responding to questions about why some users of Windows Vista Media Center were prevented from recording the NBC Universal TV shows 'American Gladiator' and 'Medium,' Microsoft has acknowledged that Windows Media Centers will block users from recording TV shows at the request of a broadcaster. 'Microsoft included technologies in Windows based on rules set forth by the (Federal Communications Commission),' wrote a Microsoft spokeswoman, apparently referring to an FCC proposal that the courts struck down in 2005. 'Microsoft has put the requirements of broadcasters above what consumers want,' said the EFF's Danny O'Brien. 'They've imposed restrictions way beyond what the law requires. Customers need to know who Microsoft is listening to and how that affects their equipment. Right now, the only way customers know what Microsoft has agreed to is when the technology they've bought suddenly stops working. Microsoft needs to come clean and tell its customers what deals it has made.'"

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."

I Don't Believe in Imaginary Property writes "NBC activated the 'broadcast flag' on a number of shows this week, ranging from American Gladiator to Medium, which prevented compliant programs like Windows Media Center from recording them. The matter is being 'looked into,' but that doesn't tell us whether it was an accident or a ploy to see how outraged viewers would be at being stripped of the time-shifting rights they've enjoyed ever since Sony v. Universal. Just in case it's the latter, it wouldn't hurt to let them know what you think."

Hackajar writes "Valleywag has an interesting post detailing YouTube's new way to deal with copyrighted music videos, removing embed tags and linking it to the official content on site. What's significant here is the lack of video removal by YouTube staff. From the post, "Uploads of music videos from the band by non-official sources now carry a link reading "Contains content from [insert studio here]"". They use a Modest Mouse music video from a third party to illustrate the new change."

I Don't Believe in Imaginary Property writes "The Los Angeles County Board of Supervisors has declared that copyright infringement 'substantially interferes with the interest of the public in the quality of life and community peace, lawful commerce in the county, property values, and is detrimental to the public health, safety, and welfare of the county's citizens, its businesses and its visitors.' You might laugh, but that means they can close up a property for up to one year for violations of the anti-infringement ordinance [PDF] and the owner can be fined $1,000 for each infringing work produced on site. Not to mention the penalties in the PRO-IP Act, which just sailed through the House."

SeeSp0tRun writes to remind us of Blizzard's lawsuit against MDY Industries over the Glider cheat. It seems that Blizzard is pushing it even further. They're trying out the legal theory that a software creator retains complete control over how a program is used, meaning that anyone who uses it in a different way could be found guilty of copyright infringement, at $750 a pop. The EFF and Public Knowledge are among the organizations trying to assure that the court doesn't set a really bad precedent here.

I Don't Believe in Imaginary Property writes "In a follow-up to the previous story, CoreCodec has apologized for the incorrect DMCA Takedown notice that took the CoreAVC project offline. There's also a public statement by co-founder Dan Marlin saying in part, 'I'd like to publicly apologize to Alan [CoreAVC project lead] for the disconnect between him and us as well as the disruption to the project as there was no ill will intended and we were already working on a resolution with him before this went public.' They've also created a new policy for sending out DMCA Takedown notices, so that they won't misuse them in the future."

I Don't Believe in Imaginary Property writes "Taser International recently started a legal campaign against medical examiners who claimed tasers contributed to the cause of death for several people. On Friday, an Ohio judge ruled in favor of the stun gun manufacturer (free registration may be required). While they do have a number of scientific studies on which they establish their claims, it's interesting that the alternate cause of death they champion — excited delirium — appears only in police reports on the deaths of difficult or drug-addled inmates, not in medical textbooks. Of course, that may change soon — Taser is funding and promoting research on the subject. Coroner reports such as the ones in this case contributed to the UN's opinion that taser use is torture."

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."

I Don't Believe in Imaginary Property writes "We now know how the Whitehouse managed to lose about five million emails. It seems that they 'upgraded' their Lotus Notes system, which had an automatic retention and backup system, for Microsoft Exchange, which did not support the automatic system. So they changed it to a manual process, where aides would manually sort emails one by one into individual PST files, which they call a 'journaling' archive system. They're still building a replacement for the retention system. Right when they had one finished, the White House CIO complained that it made Microsoft Exchange too slow, so they hired yet another contractor to build another one, causing a senior IT official to quit in protest. So they still haven't completed the project after almost eight years, and rely on humans to sort millions of emails."

I Don't Believe in Imaginary Property writes "The day many have been waiting for has finally arrived, the day SCO gets torn apart in court by Novell. Each side gets 10 hours, and Novell managed to get them to agree to a stipulation (PDF) that should make things go a lot faster. With any luck, we will soon have an official ruling that SCO does not own much of anything and then we just have to wait for SCO to exhaust its appeals. This would've been over a long time ago, but SCO filed for bankruptcy on the eve of trial, stopping the clock. One can only wonder what trick they will try to pull this time."

I Don't Believe in Imaginary Property writes "The authors of the Zeus malware have added an end-user license agreement to their product. The buyer is, of course, permitted to infect as many computers with Zeus as they please, but they have no right to distribute it for 'any business or commercial purpose not connected with this sale,' and they can't examine the source, use it to control non-Zeus botnets, or send it to anti-virus companies. Oh, and they commit to paying for future upgrades, too — wouldn't Microsoft love to be able to add that term to their EULA. While it seems silly to imagine Zeus's authors going to the authorities for violations of this EULA, if they're anything like the Russian Business Network, they probably have an extra-judicial means of contract enforcement named Ivan. That said, this is by no means the first EULA-encrusted malware."

I Don't Believe in Imaginary Property writes "Bills have been introduced in both the House and the Senate to liberalize copyright law in the case of orphaned works. The almost-identical bills would limit the penalties for infringement in cases where the copyright holder could no longer be identified. The idea is that one could declare their intent to use the work with the Copyright Office and if the copyright holder didn't care to respond, they would only be able to get 'reasonable compensation' instead of excessive statutory penalties. Public Knowledge has more details on the bills."

I Don't Believe in Imaginary Property writes "Sen. Edward Kennedy (D-MA) and other lawmakers are pushing legislation to limit the power of the state secrets doctrine in blocking lawsuits. The doctrine has been used as a 'get out of jail free' card in cases like the EFF's warrantless wiretapping lawsuit. This new legislation would make it harder for the administration to invoke the doctrine, and provide new allowances, such as using attorneys with security clearances to enable the lawsuits to go forward even when the issue is appropriately raised." Update: 04/28 16:58 GMT by KD : The New Yorker is running a detailed piece, State Secrets, by Patrick Radden Keefe, about how the use of the state secrets doctrine is playing out in one particular case.

I Don't Believe in Imaginary Property writes "Rambus has won its appeal in the DC Circuit Court of Appeals. The decision said that it wasn't sufficient to prove that Rambus lied or harmed competitors; the FTC had to prove that it harmed consumers in order to fall under anti-trust law. This is, unfortunately, a very dangerous ruling in light of some of Microsoft's activities relating to OOXML because it raises the bar on the proof required to act against such behavior. However, the ruling in the Rambus case was merely vacated and remanded for further proceedings, not overturned. So, if the evidence warrants, the lower court might be able to decide that consumers were actually harmed by Rambus' conduct and rule against them. Alternatively, this ruling could be appealed to the Supreme Court by filing a petition for a writ of certiorari, but the Supreme Court only grants a few of those per year."

eldavojohn writes "The FCC & Stanford hoped to host an on-campus debate over Net Neutrality and invited AT&T, Comcast, Verizon, and Time Warner to take part. None of them showed up. Unfortunately, only one side of the issue was voiced despite Stanford being home to people opposing Net Neutrality. At the hearing, the FCC Commissioner stated: 'Consumers have come to expect and will continue to demand the open and neutral character that has always been the hallmark of the Internet. The Commission is currently examining several petitions and complaints according to which broadband providers have intentionally and secretly degraded applications in a way that undermines the open and interconnected character of the Internet.'"

I Don't Believe in Imaginary Property writes "Groklaw is reporting that some people have decided to compare the OOXML schema to actual Microsoft Office 2007 documents. It won't surprise you to know that Office 2007 failed miserably. If you go by the strict OOXML schema, you get a 17 MiB file containing approximately 122,000 errors, and 'somewhat less' with the transitional OOXML schema. Most of the problems reportedly relate to the serialization/deserialization code. How many other fast-tracked ISO standards have no conforming implementations?"

I Don't Believe in Imaginary Property writes "A US District Court in the Southern District of California has found the Copyright Remedy Clarification Act to be unconstitutional. That act is what removes the sovereign immunity for infringement that state workers have in their official capacity, something many argued would jeopardize universities with liability for faculty infringement, not to mention other state agencies. In a rather dense legal ruling (PDF), the Court found that the Clarification Act was not a valid exercise of congressional power under the 14th Amendment. For those of you who have absolutely no idea what I just said, I recommend either being glad that a small piece of copyright law may soon bite the dust, or hoping that NYCL will explain this better."

I Don't Believe in Imaginary Property writes "Archivists at Waxy.org have gotten a copy of the backup of Infocom's shared network drive from 1989 and are piecing together information about games that were never released. In particular, there is the sequel to The Hitchhiker's Guide to the Galaxy called Milliways: The Restaurant at the End of the Universe, and there are two playable prototypes of it. And yes, they have playable downloads available."

I Don't Believe in Imaginary Property writes "The ISO has put out a FAQ concerning OOXML, but it may raise more questions than it answers. For one, it promises to address problems if they arise in the future. PJ of Groklaw said that's akin to 'selling you a car with four different sizes of tires and assuring that that if you see it's a problem, you can always bring it in for maintenance.' It also handwaves the OSP discriminatory patent promise issues, when asked about contradictions states that some 'may still remain', and asserts that duplicate standards are 'something that need[s] to be decided by the market place.' Notably, the FAQ does not answer the question, 'what the hell were you thinking?'"

I Don't Believe in Imaginary Property writes "It probably won't surprise you, but in 2005, the FBI manufactured evidence to get the power to issue National Security Letters under the PATRIOT Act. Unlike normal subpoenas, NSLs do not require probable cause and you're never allowed to talk about having received one, leading to a lack of accountability that caused them to be widely abused. The EFF has discovered via FOIA requests that an FBI field agent was forced by superiors to return papers he got via a lawful subpoena, then demand them again via an NSL (which was rejected for being unlawful at the time), and re-file the original subpoena to get them back. This delay in a supposedly critical anti-terror investigation then became a talking point used by FBI Director Robert Mueller when the FBI wanted to justify their need for the power to issue National Security Letters."

I Don't Believe in Imaginary Property writes "By now, we've all heard of the 'coming exaflood' that will drown the ISPs in data and smite the wicked P2P users. Fortunately, the 'exaflood' is unlikely to be a disaster. Internet traffic growth is falling year-over-year, and there's plenty of core bandwidth — now handling about an exabyte a month in fact — but the last mile is still slow. So there's a reason that Comcast & co. are worried about losing to P2P, but the Internet itself isn't likely to suffer a meltdown any time soon. And there's plenty of data to counter anyone who says otherwise."