Slashdot Mirror

I Don't Believe in Imaginary Property writes "After the recent draft legislation in the UK, which would create a 'three strikes' policy to cut off anyone accused of online piracy, the ISPs are asking for liability protection when users are wrongly identified. They're worried that when users are wrongly blamed for piracy, as has happened in several widely-reported investigations already, they will turn around and sue their ISP. The ISPs, of course, think that the record companies — or whoever else wrongly identified the file sharers — should be the ones to pay out any such judgments. The British Phonographic Industry, however, disagrees and wants the ISPs to simply use their Terms of Service to disconnect people. Apparently, that means they think that the ToS should be able to remove any legal recourse people might otherwise have against being misidentified."

I Don't Believe in Imaginary Property writes "Five UK students who were charged under the UK's 2000 Terrorism Act for possession of jihadist materials were acquitted after the jury found that, while they had downloaded the materials, there was no evidence that they were planning any sort of crime. The Lord Chief Justice was quoted as saying, 'Difficult questions of interpretation have been raised in this case by the attempt by the prosecution to use [this law] for a purpose for which it was not intended.'"

I Don't Believe in Imaginary Property writes "Reps Ed Markey (D-MA) and Chip Pickering (R-MS) introduced the 'Internet Freedom Preservation Act of 2008' (HR 5353) this week. The proposed legislation [PDF] would not legislate what is and is not 'neutral'. Instead, it would add a section to the 'Broadband Policy' section of the Communications Act which spells out principles the FCC is expected to uphold, in addition to having them hold summits which would 'assess competition, consumer protection, and consumer choice issues related to broadband Internet access services' and make it easy for citizens to submit comments or complaints online."

I Don't Believe in Imaginary Property writes "Hubble's Near Infrared Camera and Multi-Object Spectrometer (NICMOS) has discovered the 12.8B year old galaxy now known as A1689-zD1. Using gravitational lensing of the massive Abell 1689 cluster of galaxies, they were able to find a surprisingly bright young galaxy from only 700 million years after the Big Bang, during the cosmic 'dark ages.' Researchers are itching to study the object with the upcoming Atacama Large Millimeter Array (to go online in 2012) and James Webb Space Telescope (to launch in 2013)."

I Don't Believe in Imaginary Property writes "There's a growing revolt among Microsoft TechNet & MSDN subscribers who are frustrated that they can't yet get Vista SP1 and test their software on it. This can't be good news for anyone hoping that SP1 will have better compatibility. While SP1 has been released to manufacturing, and pirate copies are easy to find, Microsoft is withholding it from subscribers until early March. According to the article, some frustrated users are upset enough that they plan to abandon TechNet entirely and turn to piracy." Update: 02/12 17:37 GMT by KD : Sean0michael writes, "Aaccording to the Technet blog, they have pushed up the date to before the end of February, though no exact date is mentioned."

I Don't Believe in Imaginary Property writes "Ars Technica is reporting that the College Opportunity and Affordability Act passed through the House today with a vote of 354-58 and the anti-P2P provision is intact. That provision would require universities to filter P2P and to offer legal alternatives. They are claiming now, though, that universities would not lose federal funding if they fail to do this. Of course, an amendment that would have clarified that was withdrawn immediately after it was offered."

I Don't Believe in Imaginary Property writes "Wired has a good review of all the recent undersea cable cuts and why it's suspicious, but unlikely to be a conspiracy. So far, there are only four cut cables (the 'fifth' was weeks ago) in two different locations. Of course, a cable is damaged once every three days, on average, and there are 25 ships that do nothing but repair them. While the timing and locations are a little odd, Iran has been online the whole time, even if some of their routers weren't, and none of the conspiracy theories really add up. In a recent interview, TeleGeography Analyst Eric Schoonover said, 'I think that this is more along the lines of coincidence.'"

I Don't Believe in Imaginary Property writes "A recent ruling by the Court of Appeal of the State of California (PDF) in Krinsky v. Doe H030767 overturned a lower court ruling and decided that the First Amendment right to anonymous speech protects internet trolls, too. Specifically, the ruling said that 'this juvenile name-calling cannot reasonably be read as stating actual facts.' And, even though some of the statements were crudely sexual and accused Ms. Krinsky of being among 'boobs, liars and crooks,' the statements were held to 'fall into the category of crude, satirical hyperbole which, while reflecting the immaturity of the speaker, constitute protected opinion under the First Amendment.'"

I Don't Believe in Imaginary Property writes "On February 5, 1897, 111 years ago today, the Indiana legislature very nearly passed a bill 'introducing a new mathematical truth,' that would have erroneously established pi as the ratio 'five-fourths to four' or 3.2. The story explaining the rationale behind the bill and how they were prevented from legislating it when a real mathematician intervened is quite interesting, because the man who discovered the 'new mathematical truth' wanted to charge royalties, which could have made pi the first form of irrational property."

I Don't Believe in Imaginary Property writes "The US Court of Appeals for the Federal Circuit upheld a ruling by a lower court that Dish Network DVRs infringe upon TiVO's patent on a 'multimedia time warping system'. According to some analysts, this could not only make Dish liable for damages, it could force them to shut down their DVR service, harming their customers. The patent in question has already been reexamined once and the ruling on appeal (PDF) was unanimous."

I Don't Believe in Imaginary Property writes "The TSA has opened their own blog. According to Ars Technica, it's beginning to attract complaints from people who are sick of removing their shoes and having to forfeit their drinks. 'The blog's first post has 131 comments so far, almost all of which fall into one of two categories: TSA employees who got the internal memo about the blog launch and dropped by to post positive things, and citizens who are really mad about the liquids screening policy.'"

I Don't Believe in Imaginary Property brings us a Washington Post story which discusses how scientists are finding surprises among the pictures sent back from Mercury by the Messenger spacecraft. In particular, images depicting a crater with over 100 troughs radiating out from it are stumping researchers. The crater is referred to as 'The Spider', and it occupies a basin that has turned out to be larger than once thought. NASA also has a discussion of the crater. The Messenger craft began taking the up-close photos earlier this month. From the Post: "Scientists were also surprised by evidence of ancient volcanoes on many parts of the planet's surface and how different it looks compared with the moon, which is about the same size. Unlike the moon, Mercury has huge cliffs, as well as formations snaking hundreds of miles that indicate patterns of fault activity from Mercury's earliest days, more than 4 billion years ago."

I Don't Believe in Imaginary Property writes "Egypt's Ministry of Communications and Information Technology has called upon its citizens to ration their internet usage. This comes after two of its three undersea fiber optic links were recently severed. The cut cables have caused communication difficulties for millions of people throughout the Middle East. Ministry spokesman Mohammed Taymur was quoted as saying, 'People should know how to use the Internet because people who download music and films are going to affect businesses who have more important things to do.'"

I Don't Believe in Imaginary Property writes "Apparently, the participants in the U.S. 'Cyber Storm' war games are familiar with the Kobayashi Maru, because some of them tried to cheat by hacking the games themselves. They also prepare for some very interesting scenarios. Among other things, the organizers are worried about having too many people on the 'No Fly' list show up at an airport, finding 'mystery liquids' in the subway, and having bloggers reveal the classified location of railcars with hazardous materials. The Department of Homeland Security has already analyzed the results of the games, and plans to hold 'Cyber Storm 2' in March."

I Don't Believe in Imaginary Property writes "According to a new report from EDUCASE (pdf), it would cost $100 billion to wire the US with fiber optics and keep our infrastructure from falling behind the rest of the world. Specifically, they recommend what has worked in many other countries — government investment and unbundling — which are often criticized by free market groups, even though those policies have resulted in faster, better connections for smaller total costs. Ars Technica mentions in their analysis of this report that the President will be releasing a report on US broadband today, too."

I Don't Believe in Imaginary Property writes "The US Department of Justice has extended its anti-trust oversight of Microsoft by two years. This only applies to the requirement that Microsoft make protocol documentation available to competitors, though. All of the other requirements have expired, and Judge Colleen Kollar-Kotelly did not give the states complaining the full five years of oversight they requested. Still, this should prove useful given that one of Microsoft's new tricks is to use OOXML extensions to tie businesses to Sharepoint."

I Don't Believe in Imaginary Property writes "Not content with current statutory damages, the RIAA is pushing for higher damages for infringement, damages that would total $1.5 million for copying a CD with ten songs. It's all part of debate over the proposed PRO-IP Act. William Patry, a lawyer who wrote the seminal seven-volume reference on US copyright law, called it the most 'outrageously gluttonous IP bill ever introduced in the US.'"

I Don't Believe in Imaginary Property writes "Raymond Niro of Niro Scavone Haller & Niro is fighting back against criticism from the Patent Troll Tracker blog by offering a $10,000 bounty for the identity of the person behind it. He thinks the blogger might work for Microsoft, Intel, or has connections to a 'serial infringer' and that could 'color' what they say."

I Don't Believe in Imaginary Property writes "'Hollywood' Howard Berman (D-CA), who chairs the House Subcommittee on Courts, the Internet and Intellectual Property appears to be on the way out. He is slated to move over to the House Committee on Foreign Affairs, leaving his chair on the Internet subcommittee vacant. Long known for wanting to strengthen the DMCA and backing copyright grabs like the PRO-IP Act, Berman will be missed by big media. The good news is that Rick Boucher (D-VA) may be the one to replace him. Rep. Boucher has been interviewed on Slashdot and is in favor of copyright reform. They still need to win their upcoming elections and the full Commerce Committee will still be chaired by John Conyers (D-MI), though."

I Don't Believe in Imaginary Property writes "Warner Bros. Records is suing SeeqPod, the music search engine, in an attempt to test the limits of the DMCA Safe Harbor provisions with a theory of contributory, vicarious and inducement liability. While other services like Last.fm have cut deals with the labels, SeeqPod relied on the DMCA Safe Harbor alone to protect it. According to the complaint [PDF] SeeqPod 'deliberately refrains' from adding simple yet ineffective content filters to screen out copyright infringing materials, presumably by not buying those filters from label-affiliated companies. Of course, this lawsuit is merely part of a recent trend seeking to move the responsibility for policing copyrights away from the copyright holders and on to third parties."

I Don't Believe in Imaginary Property writes "It sounds like a dotcom-era business plan: 1) give it away, 2) ???, 3) make pots of money. Author Paulo 'Pirate' Coelho leapt out of obscurity and onto the best-seller list by giving away his books on the Net. The best-selling author of 'The Alchemist' will even help you pirate his books via his blog. His publishers were not pleased, but then his books went from selling 1,000 copies to 100,000 and then over a million. He gives special credit to pirate translators who are making his work accessible to a wider audience and convincing more people to read his book."

I Don't Believe in Imaginary Property writes "The FTC has put a stop to Negotiated Data Solutions, a patent troll that bought a patent on an important part of the Ethernet networking standard and tried to jack up the royalties for licensing it. In a consent decree (pdf), N-Data agreed to continue licensing the patent at the formerly promised rates. 'Whatever the merits of the decision, it shows that the FTC sees the value of standards and will be on the lookout for any behavior that could undermine these standards-setting process. That alone could keep companies honest when they enter the standards process. Standards-setting bodies have also become more sophisticated over the years (after being burned in several high-profile cases), and now do a better job at forcing involved companies to disclose and license patents.' The IEEE voted back in 2002 to make patent letters irrevocable, which could have prevented this, but neglected to make that clause retroactive."

I Don't Believe in Imaginary Property writes "Mozilla has turned 10 today. It's been a long, strange trip from being the once-dominant browser, going down to almost nothing, and returning to something like 25% of the browser market. 'With a sliding market share, Netscape decided to focus on its enterprise oriented products and gave away the browser but most importantly allow volunteers to work on the product. Mozilla was nothing but Netscape's user agent (the name a browser uses to contact the web server), a reminder of the first Netscape code name. Over time, Mozilla would become the name of the open source project, AOL would buy Netscape and Internet Explorer would get up to 90%+ of market share leading to the worst period in web browsers' history where innovation was a niche for Opera and IE remixes users.'"

I Don't Believe in Imaginary Property writes "Last November, EU regulators in the European Parliament's Committee on Culture and Education began looking at how culture affects the economy and recommended a 'balance between the opportunities for access to cultural events and content and intellectual property' saying that 'criminalizing consumers so as to combat digital piracy is not the right solution.' Industry lobbyists, of course, immediately sprang into action to try to turn that around, writing amendments that would set up mandatory ISP copyright filters and extend EU copyrights to match the USA's life-plus-70 term. Thankfully, the committee rejected all of those amendments: 'Clearly, they're not going to let the ITRE or the European recording industry push them around, which is great news for Europeans. Now if we could only get the US Congress to show as much spine as the French (ouch).'"

I Don't Believe in Imaginary Property writes "PJ of Groklaw has written in more detail about the lawyer trying to get a servicemark on the term 'cyberlaw'. (We discussed this here a few days back.) First, she notes that it's only a trademark application at this point. Furthermore, 'cyberlaw' is a generic term with 300,000+ hits on Google and an entry in some dictionaries and reference sites. In other words, while it's silly for a law firm that should know better to file a trademark application, it shouldn't and probably won't be granted if the law is followed. The article is interesting because it spells out the difference between trademarks and servicemarks, as well as explaining the law surrounding them — a law that differs significantly from copyright law."