Domain: scribd.com
Stories and comments across the archive that link to scribd.com.
Stories · 204
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Scribd Reveals It Was Hacked, Asks Users To Change Their Passwords
An anonymous reader writes "Scribd has revealed it was hacked earlier this week, in what it says appears to have been 'a deliberate attempt to access the email addresses and passwords of registered Scribd users.' The good news is that the company believes less than 1 percent of its users were potentially compromised in the attack, and it has emailed each and every one of them asking them to reset their password. The company has set up a Web form for users to check if they are amongst those affected. We recommend that regardless of what the Web form says, and even if you don't use your Scribd account regularly, you should probably change your password." -
Scribd Reveals It Was Hacked, Asks Users To Change Their Passwords
An anonymous reader writes "Scribd has revealed it was hacked earlier this week, in what it says appears to have been 'a deliberate attempt to access the email addresses and passwords of registered Scribd users.' The good news is that the company believes less than 1 percent of its users were potentially compromised in the attack, and it has emailed each and every one of them asking them to reset their password. The company has set up a Web form for users to check if they are amongst those affected. We recommend that regardless of what the Web form says, and even if you don't use your Scribd account regularly, you should probably change your password." -
Judge Rules That Resale of MP3s Violates Copyright Law
Redigi runs a service that lets you resell your digitally purchased music. Naturally, they were sued by major labels soon after going live, with heavyweights like Google weighing in with support and an initial victory against pre-trial injunctions. But the first actual court ruling is against them. Pikoro writes "A judge has sided with Capitol Records in the lawsuit between the record company and ReDigi — ruling that MP3s can only be resold if granted permission by copyright owners. From the article: 'The Order is surprising in light of last month's United States Supreme Court decision in Kirtsaeng v. Wiley & Sons, which reaffirmed the importance and applicability of the First Sale Doctrine in the United States of America.'" Redigi vows to appeal, and claims that the current version of their service is not affected by the lawsuit. -
Apple Loses the iPad Mini Trademark
An anonymous reader writes in with bad news for Apple. "It would appear that Apple has lost an attempt to trademark the 'iPad Mini.' This time it's not nefarious foreigners subverting the just order of things simply by trademarking something several years before Apple did. No, that was what happened in Brazil with the IFone. Nor is it people nefariously selling the rights to everywhere but China but Apple's lawyers didn’t notice, as happened with iPad in China. No, this time it's the U.S. Patents and Trademarks Office saying that Apple simply cannot have a trademark on 'iPad Mini.' For the simple reason that the law doesn't allow them to trademark something which is just a description of the product." -
Silicon Valley Presses Obama, Congress On Immigration Reform
walterbyrd sends this excerpt from the LA Times: "In a rare show of unity, Facebook Chief Executive Mark Zuckerberg and Yahoo Chief Executive Marissa Mayer were among a coalition of high-profile executives and venture capitalists to send a letter on Thursday to President Obama and congressional leaders pressing for a fix to restrictive immigration laws by year's end. Silicon Valley entrepreneurs, investors and executives are also planning a virtual "march" on Washington in April. 'Because our current immigration system is outdated and inefficient, many high-skilled immigrants who want to stay in America are forced to leave because they are unable to obtain permanent visas,' the letter says. 'Some do not bother to come in the first place.'" The letter also offers these suggestions: "We believe that numerical levels and categories for high-skilled nonimmigrant and immigrant visas should be responsive to market needs and, where appropriate, include mechanisms to fluctuate based on objective standards. In addition, spouses and children should not be counted against the cap of high-skilled immigrant visas. There should not be a marriage or family penalty." -
European Human Rights Court Rejects Pirate Bay Founders' Appeal
A bit over a year since having their case rejected by the Swedish Supreme Court and appealing to the European Human Rights Court, it looks like basically all legal options have been exhausted for the Pirate Bay Founders: their case has been rejected. From the article: "The EHCR recognizes that the Swedish verdict interferes with the right to freedom of expression, but ruled that this was necessary to protect the rights of copyright holders. In its decision the Court also considered the fact that The Pirate Bay did not remove torrents linking to copyrighted material when they were asked to. 'The Court held that sharing, or allowing others to share files of this kind on the Internet, even copyright-protected material and for profit-making purposes, was covered by the right to "receive and impart information" under Article 10 ... However, the Court considered that the domestic courts had rightly balanced the competing interests at stake – i.e. the right of the applicants to receive and impart information and the necessity to protect copyright – when convicting the applicants and therefore rejected their application as manifestly ill-founded.'" -
Swedish Pirate Party Threatened for Hosting the Pirate Bay
New submitter BetterThanCaesar writes "The Swedish Pirate Party and their ISP Serious Tubes have received a letter from 'The Rights Alliance' (formerly Antipiratbyrån, The Swedish Anti-Piracy Bureau), demanding they cease supplying Internet access to The Pirate Bay. Referring to the final sentence on the four Pirate Bay profiles, they threaten with legal action if access is not removed by February 26. On her blog, party leader Anna Troberg calls the letter 'extortion,' pointing out that (translated from Swedish) '[i]t is not illegal to provide The Pirate Bay with Internet access. There is no list of illegal sites that ISPs cannot provide access to.' (google translation to English)." The letter sent (in Swedish). Update: 02/20 14:58 GMT by U L : richie2000 notes that hosting isn't quite right; they're just routing traffic to TPB: "We're not hosting TPB, we're just routing traffic to them. Just like an ISP. Serious Tubes routes traffic to the Pirate Party, so they're even more removed. But, last night, Portlane, one of the ISPs that routes traffic to Serious Tubes, was pressured into cutting their transit to ST, even if they were just a provider to a provider to a provider to TPB." -
The Copyright Battle Over Custom-Built Batmobiles
Hugh Pickens writes writes "Eriq Gardner writes that Warner Brothers is suing California resident Mark Towle, a specialist in customizing replicas of automobiles featured in films and TV shows, for selling replicas of automobiles from the 1960s ABC series Batman by arguing that copyright protection extends to the overall look and feel of the Batmobile. The case hinges on what exactly is a Batmobile — an automobile or a piece of intellectual property? Warner attorney J. Andrew Coombs argues in legal papers that the Batmobile incorporates trademarks with distinctive secondary meaning and that by selling an unauthorized replica, Towle is likely to confuse consumers about whether the cars are DC products are not. Towle's attorney Larry Zerner, argues that automobiles aren't copyrightable. 'It is black letter law that useful articles, such as automobiles, do not qualify as "sculptural works" and are thus not eligible for copyright protection,' writes Zerner adding that a decision to affirm copyright elements of automotive design features could be exploited by automobile manufacturers. 'The implications of a ruling upholding this standard are easy to imagine. Ford, Toyota, Ferrari and Honda would start publishing comic books, so that they could protect what, up until now, was unprotectable.'" -
The Copyright Battle Over Custom-Built Batmobiles
Hugh Pickens writes writes "Eriq Gardner writes that Warner Brothers is suing California resident Mark Towle, a specialist in customizing replicas of automobiles featured in films and TV shows, for selling replicas of automobiles from the 1960s ABC series Batman by arguing that copyright protection extends to the overall look and feel of the Batmobile. The case hinges on what exactly is a Batmobile — an automobile or a piece of intellectual property? Warner attorney J. Andrew Coombs argues in legal papers that the Batmobile incorporates trademarks with distinctive secondary meaning and that by selling an unauthorized replica, Towle is likely to confuse consumers about whether the cars are DC products are not. Towle's attorney Larry Zerner, argues that automobiles aren't copyrightable. 'It is black letter law that useful articles, such as automobiles, do not qualify as "sculptural works" and are thus not eligible for copyright protection,' writes Zerner adding that a decision to affirm copyright elements of automotive design features could be exploited by automobile manufacturers. 'The implications of a ruling upholding this standard are easy to imagine. Ford, Toyota, Ferrari and Honda would start publishing comic books, so that they could protect what, up until now, was unprotectable.'" -
Gov't Report Predicts Cyborgs, Rise of China for 2030
colinneagle writes "Yesterday the National Intelligence Council (NIC), which is made up of 17 U.S. government intelligence agencies, released the 140-page report Global Trends 2030 Alternate Worlds. In all four of the alternative visions of the future, U.S. influence declines and it may be regarded more as a 'first among equals.' By 2030, the West will be in decline and Asia will wield more overall global power than the U.S. and Europe combined. 'China alone will probably have the largest economy, surpassing that of the United States a few years before 2030,' the report states. 'Megatrends' include an overall reduction of poverty and the 'growth of a global middle class.' NIC also sees a potential world of scarcities as the demand for food and water increase as the world's population swells from 7.1 billion to 8.3 billion people. Advances in health technologies will help people live longer, but 60% of the world's population is expected to live in an urban environment. The report also addresses technological augmentation: 'Successful prosthetics probably will be directly integrated with the user’s body. Brain-machine interfaces could provide “superhuman” abilities,enhancing strength and speed, as well as providing functions not previously available.'" -
Former Anonymous Spokesperson Indicted
SternisheFan sends this quote from Ars: "On Friday, a federal grand jury in Dallas indicted Barrett Brown, a former self-proclaimed Anonymous spokesperson, for trafficking 'stolen authentication features,' as well as 'access device fraud' and 'aggravated identity theft.' Brown has been detained since he was arrested in September for allegedly threatening a federal agent. 10 counts of the 12-count indictment concern the aggravated identity theft charge (the indictment references 10 people from whom Brown is alleged to have stolen information), but the most interesting charge is probably the first; a single count saying Brown, 'did knowingly traffic in more than five authentication features knowing that such features were stolen and produced without lawful authority.' But rather than a physical back-alley hand-off, this alleged trafficking happened online when Barrett transferred a hyperlink, 'from the Internet Relay Chat (IRC) channel called "#Anonops" to an IRC channel under Brown's control, called "#ProjectPM."' That hyperlink happened to include over 5,000 credit card numbers, associating Ids, and Card Verification Values (CVVs) from the Stratfor Global Intelligence database." -
$1,500,000 Fine For Sharing 10 Movies On BitTorrent
another random user writes with news that a Virginia man, Kywan Fisher, has been ordered to pay $1,500,000 to porn-maker Flava Works for sharing ten of the company's films over BitTorrent. "The huge total was reached through penalties of $150,000 per movie, the maximum possible statutory damages under U.S. copyright law." The man did not make any defense in federal court to Flava Works' copyright infringement claims, so the judge handed down a default judgement. "In 2011 Fisher and several other defendants were sued by adult entertainment company Flava Works. The case in question differs from the so-called 'John Doe' lawsuits as the copyright holder had detailed information on the defendants who had paid accounts on the company’s movie portal. For Fisher the trouble started when instead of just viewing the films for personal entertainment, he allegedly went on to share copies on BitTorrent. These illicit copies were traced directly back to his account through a code embedded in the videos. ... The verdict will be welcomed by Flava and the many other copyright holders involved in BitTorrent lawsuits in the United States. DieTrollDie, a close follower and critic of these cases, points out that it will be widely cited in settlement letters to other defendants, but that the case itself is notably different. 'This was not the normal Copyright Troll case – there was some actual evidence beyond a public IP address. Not a smoking gun by far, but certainly enough to show a preponderance of evidence,' DTD writes. -
Court Finds In Favor of Libraries In Google Books Affair
First time accepted submitter cpt kangarooski writes "While it's not a final victory in the long-running Google Books matter, the related case by the Authors' Guild against the universities working with Google in the digitization project has produced a ruling that their book scanning is a fair use. You can read the opinion here. This bodes well for Google's case, although note that this wasn't directly about them." -
Judge Orders Piracy Trial To Test IP Address Evidence
another random user sends word of a case in Pennsylvania District Court in which Judge Michael Baylson has ordered a trial to resolve the issue of whether an IP address can identify a particular person. The plaintiff, Malibu Media, has filed 349 lawsuits against groups of alleged infringers, arguing that getting subscriber information from an ISP based on an IP address that participated in file-sharing was suitable for identification purposes. A motion filed by the defendants in this case explains "how computer-based technology would allow non-subscribers to access a particular IP address," leading Judge Baylson to rule that a trial is "necessary to find the truth." "The Bellwether trial will be the first time that actual evidence against alleged BitTorrent infringers is tested in court. This is relevant because the main piece of evidence the copyright holders have is an IP-address, which by itself doesn't identify a person but merely a connection. ... Considering what's at stake, it would be no surprise if parties such as the Electronic Frontier Foundation (EFF) are willing to join in. They are known to get involved in crucial copyright troll cases, siding with the defendants. We asked the group for a comment, but have yet to receive a response. On the other side, Malibu Media may get help from other copyright holders who are engaged in mass-BitTorrent lawsuits. A ruling against the copyright holder may severely obstruct the thus far lucrative settlement business model, meaning that millions of dollars are at stake for these companies. Without a doubt, the trial is expected to set an important precedent for the future of mass-BitTorrent lawsuits in the U.S. One to watch for sure." -
Study Shows Tech Execs Slightly Prefer Romney Over Obama
redletterdave writes with an excerpt from IB Times that should be met with a bit of skepticism: "A new study released by international law firm DLA Piper Monday morning shows that among technology companies and their executives, Republican nominee Mitt Romney is the preferred presidential candidate for improving and advancing the technology industry. The study surveyed thousands of entrepreneurs, consultants, venture capitalists, CEOs, CFOs, and other C-level officers at technology companies, asking them their opinions about the 2012 presidential election and the issues facing their particular industry. The majority of respondents said Mitt Romney would be better with the technology industry, with 64 percent favoring the former governor from Massachusetts, and only 41 percent favoring the incumbent president. This is a complete turnaround from 2008 when the numbers were heavily in favor of Obama, with 60 percent of respondents saying then-Sen. Obama would be better for the sector than the Republican candidate, Sen. John McCain." There's a whole lot of number stretching going on: the results more or less indicate only a slight preference for Romney; a healthy chunk of responses were that his policies would be "neutral" and Obama's would at worst be slightly bad. Would you like six politicians, or half a dozen? One thing is universal: everyone hates SOX. -
Judge Approves Settlement In eBook Price-Fixing Case
An anonymous reader writes "On Thursday a U.S. District Judge approved a settlement between the Department of Justice and three publishers accused to colluding to inflate ebook prices (order). 'The Justice Department had accused Apple and five publishers in April of illegally colluding on prices as part of an effort to fight internet retailer Amazon.com Inc's dominance of e-books. The publishers who agreed to settle are News Corp's HarperCollins Publishers Inc, CBS Corp's Simon & Schuster Inc and Lagardere SCA's Hachette Book Group. Apple; Macmillan, a unit of Verlagsgruppe Georg von Holtzbrinck GmbH; and Pearson Plc's Penguin Group have vowed to fight the Justice Department's lawsuit with a trial due to start on June 3 next year.' The decision came after a lengthy period of public comment. According to the AP, 'The ruling released Thursday cast aside the strident objections of Apple, other book publishers, book sellers and authors who argued the settlement will empower Internet retailing giant Amazon.com Inc. to destroy the "literary ecosystem" with rampant discounting that most competitors can't afford to match. Those worries were repeatedly raised in court filings about the settlement. More than 90 percent of the 868 public comments about the settlement opposed the agreement.'" -
Judge Orders Release of Ex-Marine Detained Over Facebook Posts
Penurious Penguin writes "A few days ago, news of an ex-marine detained for his Facebook posts reached far and wide throughout the interweb. It was a hotly debated affair and considered from many perspectives. Today, a judge has ordered the release of Brandon Raub, citing a lack of facts regarding the detention. It's a strange case, undoubtedly, but perhaps even stranger when taking into account a few things. For example, Raub reportedly made claims that one of the psychiatrists involved in the case threatened him with forced medication. For history polymaths, government proposals of forced medication may not be a surprise; you may remember the case of Susan Lindauer. The situation may also remind of 2009, when Fusion Centers targeted Ron Paul supporters, certain universities, and conspiracy theorists as threats to national security, even logging anti death-penalty and anti-war activists into federal terrorism databases. Personally, I find myself wondering what sorts of epic dangers someone like Noam Chomsky might seem to pose after a stressful day and a few beers, if overheard by certain departments." -
RapidShare Urges US To Punish Linking Sites and Not File-Sharing Sites
hypnosec writes "RapidShare has said that the U.S. government should crack down on linking sites rather than punishing file-sharing sites and strangling innovation. The file-sharing site is understandably a little worried about the recent crackdowns on sites involved in or found to be promoting piracy. Daniel Raimer, RapidShare's Chief Legal Officer, is to meet with technology leaders and law enforcement at the Technology Policy Institute forum. Responding to a public consultation on the future of U.S. IP enforcement, the company emphasized that linking sites are the real problem. It wrote, 'Rather than enacting legislation that could stifle innovation in the cloud, the U.S. government should crack down on this critical part of the online piracy network.'" -
Researchers Find 'Mind-Control' Gaming Headsets Can Leak Users' Secrets
Sparrowvsrevolution writes "At the Usenix security conference in Seattle last week, a group of researchers from the University of California at Berkeley, Oxford University and the University of Geneva presented a study that hints at the darker side of a future where we control computers with our minds rather than a mouse. In a study of 28 subjects wearing brain-machine interface headsets built by companies like Neurosky and Emotiv and marketed to consumers for gaming and attention exercises, the researchers found they were able to extract hints directly from the electrical signals of the test subjects' brains that partially revealed private information like the location of their homes, faces they recognized and even sequences of numbers they recognized. For the moment, the experimental theft of users' private information from brain signals is more science fiction than a real security vulnerability, since it requires tricking the victim into thinking about the target information at a certain time, and still doesn't work reliably. (Though much better than random chance.) But as BMI gets more sophisticated and mainstream, the researchers say their study should serve as a warning about privacy issues around the technology of such interfaces." -
Samsung's Comparison of Galaxy S To iPhone
david.emery writes "In a document from the ongoing Samsung/Apple trial, provided in both English translation and Korean original, Samsung engineers provided a detailed comparison of user interface features in their phone against the iPhone. In almost all cases, the recommendation was to adopt the iPhone's approach. Among other observations, this shows how much work goes into defining the Apple iPhone user experience." Ars has an article on the evidence offered by Apple so far. -
Verizon Claims Net Neutrality Violates Their Free Speech Rights
New submitter WickedLilMonkies writes "In a stretch of the meaning of 'free speech' that defies the most liberal interpretation, Verizon defends throttling your data speed." In its continuing case to strike down the FCC net neutrality regulations, Verizon is arguing that Congress has not authorized the FCC to implement such regulations, and therefore the FCC is overstepping its regulatory bounds, but (from the article): "Verizon believes that even if Congress had authorized network neutrality regulations, those regulations would be unconstitutional under the First Amendment. 'Broadband networks are the modern-day microphone by which their owners [e.g. Verizon] engage in First Amendment speech,' Verizon writes." They are also arguing that "... the rules violate the Fifth Amendment's protections for private property rights. Verizon argues that the rules amount to 'government compulsion to turn over [network owners'] private property for use by others without compensation.'" -
U.S. Judge Grants Apple Injunction Against Samsung Galaxy Tab
Bill Dimm writes "Apple scores a win against Samsung over a design patent. U.S. District Judge Lucy Koh issued a ruling granting Apple's request for a preliminary injunction preventing Samsung from selling its Galaxy Tab 10.1 in the United States. She wrote, 'Although Samsung has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products. ... While Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to directly compete with Samsung’s infringing products outweighs Samsung’s harm in light of the previous findings by the Court." -
FunnyJunk Sues the Oatmeal Over TM and "Incitement To Cyber-Vandalism"
eldavojohn writes "You may recall from last week the news item concerning FunnyJunk's extortion ... er ... threat of defamation lawsuit against The Oatmeal highlighting a fairly pervasive problem of rehosting content — in this case web comics. Instead of expediting a payment of $20,000 to FunnyJunk, Matthew Inman of The Oatmeal decided to crowd source the money (with 8 days left he has only garnered 900% of his goal) and donate it to charity after sending a picture of it to FunnyJunk. Charles Carreon (the man who has FunnyJunk) has made statements of Inman saying 'I really did not expect that he would marshal an army of people who would besiege my website and send me a string of obscene emails.' In an interview Carreon says 'So someone takes one of my letters and takes it apart. That doesn't mean you can just declare netwar, that doesn't mean you can encourage people to hack my website, to brute force my WordPress installation so I have to change my password. You can't encourage people to violate my trademark and violate my twitter name and associate me with incompetence with stupidity, and douchebaggery. And if that's where the world is going I will fight with every ounce of force in this 5'11 180 pound frame against it. I've got the energy, and I've got the time.' Well it appears that Carreon has filed suit over these matters alleging 'trademark infringement and incitement to cyber-vandalism.' Speaking of douchebaggery, Charles Carreon curiously fails to mention that he first incited all of his users to harass The Oatmeal anyway they can which they dutifully did. One last juicy detail is that Carreon is also suing the National Wildlife Federation and the American Cancer Society to which Inman's crowd sourced money is going. Luckily, Inman's lawyer appears to be fully competent and able to address Carreon's complaints." -
Comcast Refusing To Comply With Piracy Subpoenas
New submitter nbacon writes with news that Comcast, apparently tired of the endless BitTorrent-related piracy lawsuits, has stopped complying with subpoena requests, much to the chagrin of rightsholders. From the article: "Initially Comcast complied with these subpoenas, but an ongoing battle in the Illinois District Court shows that the company changed its tune recently. Instead of handing over subscriber info, Comcast asked the court to quash the subpoenas. Among other things, the ISP argued that the court doesn’t have jurisdiction over all defendants, because many don’t live in the district in which they are being sued. The company also argues that the copyright holders have no grounds to join this many defendants in one lawsuit. The real kicker, however, comes with the third argument. Here, Comcast accuses the copyright holders of a copyright shakedown, exploiting the court to coerce defendants into paying settlements." -
Comcast Refusing To Comply With Piracy Subpoenas
New submitter nbacon writes with news that Comcast, apparently tired of the endless BitTorrent-related piracy lawsuits, has stopped complying with subpoena requests, much to the chagrin of rightsholders. From the article: "Initially Comcast complied with these subpoenas, but an ongoing battle in the Illinois District Court shows that the company changed its tune recently. Instead of handing over subscriber info, Comcast asked the court to quash the subpoenas. Among other things, the ISP argued that the court doesn’t have jurisdiction over all defendants, because many don’t live in the district in which they are being sued. The company also argues that the copyright holders have no grounds to join this many defendants in one lawsuit. The real kicker, however, comes with the third argument. Here, Comcast accuses the copyright holders of a copyright shakedown, exploiting the court to coerce defendants into paying settlements." -
Judge Posner To Apple & Motorola: Go Home
reebmmm writes "Seventh Circuit Court of Appeals Judge Richard Posner, voluntarily sitting as a district court judge, in the patent infringement dispute between Apple and Motorola has, tentatively, dismissed the case on the eve of trial. In this hilariously short order, Judge Posner states, 'I have tentatively decided that the case should be dismissed with prejudice because neither party can establish a right to relief.' Because it is 'with prejudice' the parties cannot refile their case. The parties are likely to appeal the order (when it's finalized)." -
DHS Best-and-Brightest STEM Program Under Fire
theodp writes "In mid-May, the Department of Homeland Security quietly expanded a program that allows foreign science, technology, engineering and math grads to work in the U.S. for 29 months without a work visa. 'Attracting the best and brightest international talent to our colleges and universities and enabling them to contribute to their professional growth is an important part of our nation's economic, scientific and technological competitiveness,' explained DHS Chief Janet Napolitano. But last week, Senator Chuck Grassley called on the GAO to 'fully investigate' the student visa program, citing reports of abuse and other concerns in his letter. Now, Computerworld reports that the DHS STEM Visa Extension Program continues to be dominated by Stratford University and the University of Bridgeport (as it was in 2010), prompting some tongues to wag. It is 'obvious to any reasonable person that the schools producing most of the OPT students are not prestigious research universities,' quipped policy analyst Daniel Costa, 'which means that many of the OPT students across the country are not in fact the "best and brightest."' While conceding that top students can come from lesser-known schools, 'those will be the exception to the rule,' argued Costa, who suggested the government should include performance metrics in the OPT program, such as grades and university rankings." -
Call For DOJ To Reopen Google Wi-Fi Spying Investigation
angry tapir writes "Two U.S. lawmakers have called on the U.S. Department of Justice to reopen its investigation into Google's snooping on Wi-Fi networks in 2010 after recent questions about the company's level of cooperation with federal inquiries. Representatives Frank Pallone Jr., a New Jersey Democrat, and John Barrow, a Georgia Democrat, called on the DOJ to fully investigate Google's actions for potential violations of federal wiretapping laws. In light of a recently released U.S. Federal Communications Commission report on Wi-Fi snooping by Google Street View cars, the DOJ should take a new look at the company's actions, wrote the lawmakers in a letter to U.S. Attorney General Eric Holder." -
No Patent Infringement Found In Oracle vs. Google
sl4shd0rk writes "Today, the jury in the Oracle vs. Google trial found no infringement of patents by Google. The jury deliberated about 30 minutes to reach the verdict, bringing an end to the second phase of the trial, and a beginning to the damage phase, which may be very little of what Oracle originally asked for. Still no word on API copyright issues. Judge Alsup will be ruling on that in the near future, and it will certainly have an impact on the developer community." -
Court Rules NSA Doesn't Have To Confirm Or Deny Secret Relationship With Google
Sparrowvsrevolution writes "A DC appeals court has ruled that the National Security Agency doesn't need to either confirm or deny its secret relationship with Google in response to a Freedom of Information Act (FOIA) request and follow-up lawsuit filed by the Electronic Privacy Information Center. The NSA cited a FOIA exemption that covers any documents whose exposure might hinder the NSA's national security mission, and responded to EPIC with a 'no comment.' Beyond merely rejecting the FOIA request, the court has agreed with the NSA that it has the right to simply not respond to the request, as even a rejection of the request might reveal details of a suspected relationship with Google that it has sought to keep secret. Google was reported to have partnered with the NSA to bolster its defenses against hackers after its breach by Chinese cyberspies in early 2010. But to the dismay of privacy advocates who fear the NSA's surveillance measures coupled with Google's trove of data, the company has never explained the details of that partnership." -
Google Releases FCC Report On Street View Probe
An anonymous reader writes with news that Google has released the full report of the FCC investigation into the incident in which its Street View cars collected personal data while mapping Wi-Fi networks. They are putting responsibility for the data gathering on a 'rogue engineer' who wrote the code for it without direction from management. "Those working on Street View told the FCC they had no knowledge that the payload data was being collected. Managers of the Street View program said they did not read the October 2006 document [written by the engineer that detailed his work]. A different engineer remembered receiving the document but did not recall any reference to the collection of payload data. An engineer who worked closely with the engineer in question on the project in 2007, reviewing all of the codes line by line for bugs, says he did not notice that the software was designed to capture payload data. A senior manager said he preapproved the document before it was written." -
Canadian Bureacracy Can't Answer Simple Question: What's This Study With NASA?
Saint Aardvark writes "It seemed like a pretty simple question about a pretty cool topic: an Ottawa newspaper wanted to ask Canada's National Research Council about a joint study with NASA on tracking falling snow in Canada. Conventional radar can see where it's falling, but not the amount — so NASA, in collaboration with the NRC, Environment Canada and a few universities, arranged flights through falling snow to analyse readings with different instruments. But when they contacted the NRC to get the Canadian angle, "it took a small army of staffers— 11 of them by our count — to decide how to answer, and dozens of emails back and forth to circulate the Citizen's request, discuss its motivation, develop their response, and "massage" its text." No interview was given: "I am not convinced we need an interview. A few lines are fine. Please let me see them first," says one civil servant in the NRC emails obtained by the newspaper under the Access to Information act. By the time the NRC finally sorted out a boring, technical response, the newspaper had already called up a NASA scientist and got all the info they asked for; it took about 15 minutes." -
Federal Court Allows Class-Action Suit Against Apple Over In-App Purchases
suraj.sun writes "An iPhone-owner whose daughter downloaded $200 worth of 'Zombie Toxin' and 'Gems' through in-app purchases on his iPhone has been allowed to pursue a class action suit against Apple for compensation of up to $5m. Garen Meguerian of Pennsylvania launched the class-action case against Apple in April 2011 after he discovered that his nine-year-old daughter had been draining his credit card account through in-app purchases on 'free' games including Zombie Cafe and Treasure Story. This month, Judge Edward J Davila in San Jose District Federal Court has allowed the case to go to trial, rejecting Apple's claim that the case should be dismissed. Meguerian claimed that Apple was unfairly targeting children by allowing games geared at kids to push them to make purchases. He describes games that are free to play but require purchases of virtual goods to progress as 'bait apps' and says they should not be aimed at children." -
Judge Rules Takedown of Pirate Party General Proxy Illegal
CAPSLOCK2000 writes "The Dutch Pirate Party (PPNL) just won a court-case against BREIN. Last week BREIN got a court to issue an emergency order to take down a reverse-proxy to The Pirate Bay. The next day BREIN claimed the court order also included a generic proxy also ran by PPNL and any other service that might lead to TPB (aka hyperlinks). PPNL responded with an emergency lawsuit of their own, asking for a literal interpretation of the verdict instead of BREIN's broad reading. The judge acknowledged the narrow interpretation of the verdict. proxy.piratenpartij.nl stays up and tpb.piratenpartij.nl now sports a list of other ways to reach The Pirate Bay. Due to the Streisand effect this list has grown to a considerable length. Noteworthy is that The Pirate Party got favorable verdict in a single day, a first in Dutch law." Full verdict (in Dutch). This is only a temporary order by the judge to keep the general-purpose proxy run by the Pirate Party and the list of alternative proxies to the Pirate Bay online. A full case hearing is expected on April 24th. -
Feds Shut Down Tor-Using Narcotics Store
Fluffeh writes "Federal authorities have arrested eight men accused of distributing more than $1 million worth of LSD, ecstasy, and other narcotics with an online storefront called 'The Farmer's Market' that used the Tor anonymity service to mask their Internet addresses. Prosecutors said in a press release that the charges were the result of a two-year investigation led by agents of the Drug Enforcement Administration's Los Angeles field division. 'Operation Adam Bomb, ' as the investigation was dubbed, also involved law enforcement agents from several U.S. states and several countries, including Colombia, the Netherlands, and Scotland. The arrests come about a year after Gawker documented the existence of Silk Road, an online narcotics storefront that was available only to Tor users. The site sold LSD, Afghani hashish, tar heroin and other controlled substances and allowed customers to pay using the virtual currency known as Bitcoin." -
Heavyweights Clash Over Policing Repeat Copyright Infringers
SolKeshNaranek tips a story at TorrentFreak about an ongoing copyright case that revolves around how much effort websites need to expend to block repeat infringers after responding to DMCA requests. In 2011, a judge ruled that a website embedding videos from third parties had correctly removed links to infringing videos after receiving a DMCA request, but failed to do anything to police users who had created these links multiple times. For this, the judge said, the website would be required to adopt a number of measures to prevent repeat infringement. Google and Facebook wrote an amicus brief opposing the ruling, as did Public Knowledge and the EFF. Now the MPAA has, unsurprisingly, come out in favor. They wrote, "Contrary to the assertions of myVidster and amici Google and Facebook, search engines and social networking sites are not the only businesses that desire certainty in a challenging online marketplace. MPAA member companies and other producers of creative works also need a predictable legal landscape in which to operate. ... Given the massive and often anonymous infringement on the internet, the ability of copyright holders to hold gateways like myVidster liable for secondary infringement is crucial in preventing piracy." -
Heavyweights Clash Over Policing Repeat Copyright Infringers
SolKeshNaranek tips a story at TorrentFreak about an ongoing copyright case that revolves around how much effort websites need to expend to block repeat infringers after responding to DMCA requests. In 2011, a judge ruled that a website embedding videos from third parties had correctly removed links to infringing videos after receiving a DMCA request, but failed to do anything to police users who had created these links multiple times. For this, the judge said, the website would be required to adopt a number of measures to prevent repeat infringement. Google and Facebook wrote an amicus brief opposing the ruling, as did Public Knowledge and the EFF. Now the MPAA has, unsurprisingly, come out in favor. They wrote, "Contrary to the assertions of myVidster and amici Google and Facebook, search engines and social networking sites are not the only businesses that desire certainty in a challenging online marketplace. MPAA member companies and other producers of creative works also need a predictable legal landscape in which to operate. ... Given the massive and often anonymous infringement on the internet, the ability of copyright holders to hold gateways like myVidster liable for secondary infringement is crucial in preventing piracy." -
Heavyweights Clash Over Policing Repeat Copyright Infringers
SolKeshNaranek tips a story at TorrentFreak about an ongoing copyright case that revolves around how much effort websites need to expend to block repeat infringers after responding to DMCA requests. In 2011, a judge ruled that a website embedding videos from third parties had correctly removed links to infringing videos after receiving a DMCA request, but failed to do anything to police users who had created these links multiple times. For this, the judge said, the website would be required to adopt a number of measures to prevent repeat infringement. Google and Facebook wrote an amicus brief opposing the ruling, as did Public Knowledge and the EFF. Now the MPAA has, unsurprisingly, come out in favor. They wrote, "Contrary to the assertions of myVidster and amici Google and Facebook, search engines and social networking sites are not the only businesses that desire certainty in a challenging online marketplace. MPAA member companies and other producers of creative works also need a predictable legal landscape in which to operate. ... Given the massive and often anonymous infringement on the internet, the ability of copyright holders to hold gateways like myVidster liable for secondary infringement is crucial in preventing piracy." -
California Judge Denies Discovery In Bittorrent Case
New submitter PhxBeau writes with news of a particularly sane judge in a copyright case. Quoting TorrentFreak: "In yet another mass lawsuit against alleged file-sharers, a California court has said that while it's sympathetic towards the plight of the copyright holder, it will not assist in the identification of BitTorrent users. It's a shame technology that enables infringement has outpaced technology that prevents it, the judge wrote, but added that his court won't work with copyright holders who pursue settlement programs with no intention to litigate." The core issue is that an IP does not identify more than the bill-payer — the good cause standard therefore is not met because the actual infringer is not identified. -
Oracle and Google Settlement Talks Falter; Trial Set for April 16
Fluffeh writes "Recently, a Judge ordered Oracle and Google to have yet another sit down and chat, but these talks have come to an impasse: 'Despite their diligent efforts and those of their able counsel, the parties have reached an irreconcilable impasse in their settlement discussions,' Judge Paul Grewal of US District Court for the Northern California wrote Monday. 'No further conferences shall be convened. The parties should instead direct their entire attention to the preparation of their trial presentations. Good luck.'" -
Despite Drop In Piracy, French Music Industry Still In Decline
New submitter Hentes writes "France has one of the strictest anti-piracy laws. After 17 months of operation, Hadopi has released a report, claiming that illegal P2P downloads have been reduced significantly in the country: the studies they cite measured 43% and 66% decrease in copyright infringement. But that huge amount of 'lost revenue' doesn't seem to show up in the French recording industry, as the overall recorded music market has decreased by 3.9% in 2011. Even more interesting is that digital music sales have skyrocketed in France. Could it be that it's not piracy killing the traditional recording industry but digital distribution?" -
Google Files Amicus Brief in Hotfile Case; MPAA Requests It Be Rejected
An anonymous reader writes "Google has once again stood up in court for the rights of users and services online, this time defending Hotfile from copyright infringement accusations. [Quoting the article]: 'Google takes a sort of hard-line approach via the DMCA, telling the court that however the MPAA may try to mislead them, Hotfile is in fact protected under safe harbor provisions. And furthermore, Google suggests that the MPAA's approach is contrary to the language in and precedents surrounding the DMCA. The onus is on copyright holders to alert a service to the nature and location of an infringement, and the service's responsibility is to alert the user if possible and remove the material within a reasonable period of time.'" The full brief has been uploaded to Scribd. The MPAA, naturally, has requested that the amicus brief be rejected by the court: "Google's proposed brief appears to be part of a systematic effort by Google, itself a defendant in ongoing copyright infringement cases, to influence the development of the law to Google's own advantage — as well as an effort by Hotfile (whose counsel also represent Google) to circumvent its page limits. Google is acting as a partisan advocate for Hotfile, making arguments that Hotfile has or could have made in its own opposition to summary judgment. The parties here are well-represented and have the incentive and wherewithal to make all the arguments the court will need. Although Google purports not to take a position regarding summary judgment here, Google unmistakably seeks a ruling against plaintiffs. Google's motion should be denied" -
Google Files Amicus Brief in Hotfile Case; MPAA Requests It Be Rejected
An anonymous reader writes "Google has once again stood up in court for the rights of users and services online, this time defending Hotfile from copyright infringement accusations. [Quoting the article]: 'Google takes a sort of hard-line approach via the DMCA, telling the court that however the MPAA may try to mislead them, Hotfile is in fact protected under safe harbor provisions. And furthermore, Google suggests that the MPAA's approach is contrary to the language in and precedents surrounding the DMCA. The onus is on copyright holders to alert a service to the nature and location of an infringement, and the service's responsibility is to alert the user if possible and remove the material within a reasonable period of time.'" The full brief has been uploaded to Scribd. The MPAA, naturally, has requested that the amicus brief be rejected by the court: "Google's proposed brief appears to be part of a systematic effort by Google, itself a defendant in ongoing copyright infringement cases, to influence the development of the law to Google's own advantage — as well as an effort by Hotfile (whose counsel also represent Google) to circumvent its page limits. Google is acting as a partisan advocate for Hotfile, making arguments that Hotfile has or could have made in its own opposition to summary judgment. The parties here are well-represented and have the incentive and wherewithal to make all the arguments the court will need. Although Google purports not to take a position regarding summary judgment here, Google unmistakably seeks a ruling against plaintiffs. Google's motion should be denied" -
Yahoo Files Patent Infringement Suit Against Facebook
An anonymous reader writes with an excerpt from an article over at ZD Net: "As expected, Yahoo today filed a patent infringement lawsuit against Facebook. The online giant is claiming the social networking giant infringes on 10 of its patents. Yahoo is hoping to secure some portion of Facebook's revenues moving forward. 'Yahoo! has invested substantial resources in research and development through the years, which has resulted in numerous patented inventions of technology that other companies have licensed,' a Yahoo spokesperson told AllThingsD. 'These technologies are the foundation of our business that engages over 700 million monthly unique visitors and represent the spirit of innovation upon which Yahoo! is built. Unfortunately, the matter with Facebook remains unresolved and we are compelled to seek redress in federal court. We are confident that we will prevail.'" -
FOIA Request Shows Which Printer Companies Cooperated With US Government
New submitter Dave_Minsky writes "The U.S. Secret Service responded to a FOIA request on Monday that reveals the names of the printer companies that cooperate with the government to identify and track potential counterfeiters. The Electronic Frontier Foundation revealed in 2005 that the U.S. Secret Service was in cahoots with selected laser printer companies to identify and track printer paper using tiny microscopic dots encoded into the paper. The tiny, yellow dots — less than a millimeter each — are printed in a pattern over each page and are only viewable with a blue light, a magnifying glass or a microscope. The pattern of dots is encodes identifiable information including printer model, and time and location where the document was printed." Easy enough to avoid government dots; just don't buy printers from Canon, Brother, Casio, HP, Konica, Minolta, Mita, Ricoh, Sharp, or Xerox. -
Zynga Sues Brazilian Dev For Copying Its Games
An anonymous reader writes "In what can only be described as a case of the pot calling the kettle black, Zynga has launched and settled a lawsuit against Brazilian game developer Vostu after accusing Vostu of copying their games. The settlement resulted in the loss of jobs for many Vostu employees. How Zynga managed to carry out such actions while keeping a straight face after dealing with similar allegations remains to be seen." -
What Happens To Your Files When a Cloud Service Shuts Down?
MrSeb writes "Megaupload's shutdown poses an interesting question: What happens to all the files that were stored on the servers? XDA-Developers, for example, has more than 200,000 links to Megaupload — and this morning, they're all broken, with very little hope of them returning. What happens if a similar service, like Dropbox, gets shut down — either through bankruptcy, or federal take-down? Will you be given a chance to download your files, or helped to migrate them to another similar service? What about data stored on enterprise services like Azure or AWS — are they more safe?" And if you're interested, the full indictment against Megaupload is now available. -
Apple Wins Injunction Banning Import of HTC Devices
Newly accepted submitter squish18 writes "All Things D reports that Apple has won an injunction banning the import of some HTC phones starting in April 2012. The ruling by the ITC stems from two claims of the '647 patent concerning software used to enter personal data in mobile devices. It is interesting to note that the ITC has also reversed previous rulings regarding regarding infringement of two other '647 claims, as well as patent '263 claims." It looks like Apple's victory is relatively minor. They lost claims on all patents except for one, and HTC/Google can work on implementing similar functionality in a non-infringing way. -
Juror's Tweets Overturn Trial Verdict
D H NG writes "The Arkansas Supreme Court had overturned a murder conviction due to a juror tweeting during the trial. Erickson Dimas-Martinez was convicted in 2010 of killing a teenager and was sentenced to death. His lawyers appealed the case on account of a juror tweeting his musings during the trial and because another juror nodded off during the presentation of evidence. Tweets sent include 'The coffee here sucks' and 'Court. Day 5. here we go again.' In an opinion, Associate Justice Donald Corbin wrote 'because of the very nature of Twitter as an... online social media site, Juror 2's tweets about the trial were very much public discussions.' Dimas-Martinez is to be given a new trial." -
Obama Orders Federal Agencies To Digitize All Records
Lucas123 writes "President Obama this week issued a directive to all federal agencies to upgrade records management processes from paper-based systems that have been around since President Truman's administration to electronic records systems with Web 2.0 capabilities. Agencies have four months to come up with plans to improve their records keeping. Part of the directive is to have the National Archives and Records Administration store all long-term records and oversee electronic records management efforts in other agencies. Unfortunately, NARA doesn't have a stellar record itself (PDF) in rolling out electronic records projects. Earlier this year, due to cost overruns and project mismanagement, NARA announced it was ending a 10-year effort to create an electronic records archive."