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superglaze writes "The Colossus codecracker contest was a short-lived ordeal. Not only has it been outdone in a cipher-breaking challenge, but — irony of ironies — it was beaten by a German! From the story: 'The winner was Joachim Schüth, from Bonn, who completed the task using software he wrote himself. "[Schüth] cracked the most difficult code yesterday," said the museum's spokesperson on Friday. "We're absolutely delighted. He used specially written software for the challenge. Colossus is still chugging away, as we got the signals late. Yesterday the atmospheric conditions were such that we couldn't get good signals.'"

superglaze writes "The biggest doubt cast over Android (whose SDK was released yesterday) has been the fact that much of it is licensed under Apache. There have been worries that manufacturers might fork the code road in a non-interoperable kind of way. I.e., they would have no obligation to feed back code to the wider Open Handset Alliance, or even tell the other members what alterations have been made. However, it turns out that Google made all the members sign a 'non-fragmentation agreement' to make sure everything works with everything. In theory at least. 'All of the partners have signed a non-fragmentation agreement saying they won't modify [the code] in non-compatible ways ... That is not to say that a company that is not part of the OHA could not do so.' Google's spokesperson highlighted the historical dangers of working with Java, the programming language that lies at the heart of Android. 'One of the current problems with mobile Java development is that Java has fragmented ... Java virtual machines have fragmented, but all the members of the OHA have agreed to use one virtual machine that can run script in Java'"

ZDOne writes "ZDNet UK is reporting that it will not be known until the Android software development kit comes out on Monday whether the Gphone will be strictly Java-based, but security experts claim that the less smart a phone is, the less vulnerable it is. Android developers should stick to a semi-smartphone platform because the Java sandbox can protect against the normal kinds of attacks, experts claim. The article also discusses some of the pros and cons of open vs. closed source security. 'The debate about the relative security merits of open-source as opposed to proprietary software development has been a very long-running one. Open-source software development has the advantage of many pairs of eyes scrutinizing the code, meaning irregularities can be spotted and ironed out, while updates to plug vulnerabilities can be written and pushed out very quickly. However, one of the disadvantages of open-source development is that anyone can scrutinize the source code to find vulnerabilities and write exploits. The source code in proprietary software, on the other hand, can't be directly viewed, meaning vulnerabilities need to be found through reverse engineering.'"

ZDOne writes "ZDNet UK is reporting that it will not be known until the Android software development kit comes out on Monday whether the Gphone will be strictly Java-based, but security experts claim that the less smart a phone is, the less vulnerable it is. Android developers should stick to a semi-smartphone platform because the Java sandbox can protect against the normal kinds of attacks, experts claim. The article also discusses some of the pros and cons of open vs. closed source security. 'The debate about the relative security merits of open-source as opposed to proprietary software development has been a very long-running one. Open-source software development has the advantage of many pairs of eyes scrutinizing the code, meaning irregularities can be spotted and ironed out, while updates to plug vulnerabilities can be written and pushed out very quickly. However, one of the disadvantages of open-source development is that anyone can scrutinize the source code to find vulnerabilities and write exploits. The source code in proprietary software, on the other hand, can't be directly viewed, meaning vulnerabilities need to be found through reverse engineering.'"

ricegf writes in with the account of one Rupert Goodwins writing in ZDNet UK. Goodwins has 7 computers running various versions of Windows and Linux, and explains why he chooses to do most of his work on the Gibbon. "So here's the funny thing. I've used Windows since 1.0. I've lived through the bad times of Windows/386 and ME, and the good times of NT 3.51 and 2K. I know XP if not backwards, then with a degree of familiarity that only middle-aged co-dependents can afford each other... Then how come I'm so much more at home with Ubuntu than Vista? It boils down to one abiding impression: Ubuntu goes out of its way to get out of your way... Vista goes out of its way to be Vista and enforce the Vista way."

Andrew Donoghue writes "ZDNet UK is reporting that although WiMax and 3G have been battling it out as rival broadband wireless technologies, WiMax has effectively been folded into 3G's future development, after the International Telecommunication Union decided to include it in the IMT-2000 set of standards. 'An auction is to be held next year in which spectrum around the 2.6GHz band -- which is usable for both 3G and mobile WiMax -- will be sold off on a technology-neutral basis. It remains to be seen what the implications of Friday's announcement are for that auction but, as the investments already made in 3G infrastructure had been a major detrimental factor for WiMax, its inclusion in IMT-2000 has the potential to shake up the entire argument.'"

Andrew Donoghue writes "ZDNet UK is reporting that although WiMax and 3G have been battling it out as rival broadband wireless technologies, WiMax has effectively been folded into 3G's future development, after the International Telecommunication Union decided to include it in the IMT-2000 set of standards. 'An auction is to be held next year in which spectrum around the 2.6GHz band -- which is usable for both 3G and mobile WiMax -- will be sold off on a technology-neutral basis. It remains to be seen what the implications of Friday's announcement are for that auction but, as the investments already made in 3G infrastructure had been a major detrimental factor for WiMax, its inclusion in IMT-2000 has the potential to shake up the entire argument.'"

superglaze writes "Looking through an article on the smartphone office suite Quickoffice, I noted a claim by a company executive that OpenOffice users usually save their documents in a Microsoft format, e.g. .doc. Hence the company has no plans to support .odf. I guess I can see the rationale for this — it helps if you're sending a document to an MS-using company — but what's this community's general experience of saving in .odf vs. .doc format?"

An anonymous reader wrote to mention the wonderful news: "A research group funded by U.S. Air Force Research Laboratory is developing a battery which can provide continuous power to your laptop for 30 years! Betavoltaic power cells are constructed from semiconductors and use radioisotopes as the energy source..." Except, not so much. ZDNet's Mixed Signals blog with Rupert Goodwins explains why (as always) if it sounds too good to be true, it probably is: "The sort of atomic structures that generate power when bombarded with high energy electrons are the sort that tend to fall apart when bombarded with high energy electrons. While solar cells have the same problem, it's to a much lesser extent. There's a lot of research into making materials that don't suffer so much, but it remains a serious issue ... while it's true that a tritium-powered battery will eventually turn into an inert, safe lump of nothing much, and while it's also true that a modest amount of shielding will keep the radioactivity within the the battery the while, there's the small problem that if you break the battery during its life the nasties come out."

biscuitfever11 writes "ZDNet has up a great interview with Michael Meeks, the distinguished Novell engineer, who's currently deeply involved in open document format and OpenOffice.org. In the interview, Meeks takes Microsoft to task on its alternative format OOXML and argues that Microsoft should adopt ODF — but says that realistically they never will. He also mentions his favorite example to explain the benefits of open source software to a nontechnical person: the flexibility of open source would have allowed us to free ourselves from Clippy, the world's most despised paperclip, by changing a single line of code."

superglaze writes "ZDNet.co.uk has a fairly comprehensive feature on the progress being made by Linux for cellphones. Seems a pretty consumer deal for now, but there are some interesting hints of Linux eventually challenging Windows Mobile and Symbian in business use. The article also seems to suggest that the two big groups pushing mobile Linux could be amenable to a merger due to common interests."

ZDOne wrote with a link to a ZDNet article discussing some comments made by Tim Berners-Lee on the discrimination women face within 'stupid male geek culture'. The respected developer expressed frustration at a culture that would 'disregard the work of capable female engineers, and put others off entering the profession.' From the article: "'It's a complex problem -- we find bias against women by women. There are bits of male geek culture and engineer culture that are stupid. They should realize that they could be alienating people who are smarter and better engineers,' said Berners-Lee. Engineering research facilities that interview candidates based only on how many papers they have had published also risk adding to the problem, according to Berners-Lee, because of an apparent in-built bias against women."

ZDOne wrote with a link to a ZDNet article discussing some comments made by Tim Berners-Lee on the discrimination women face within 'stupid male geek culture'. The respected developer expressed frustration at a culture that would 'disregard the work of capable female engineers, and put others off entering the profession.' From the article: "'It's a complex problem -- we find bias against women by women. There are bits of male geek culture and engineer culture that are stupid. They should realize that they could be alienating people who are smarter and better engineers,' said Berners-Lee. Engineering research facilities that interview candidates based only on how many papers they have had published also risk adding to the problem, according to Berners-Lee, because of an apparent in-built bias against women."

eldavojohn writes "If you're a Linux user in the UK looking for a Linux box, you're not going to get it from Acer. The computer maker has started releasing Linux installed machines in Singapore but cited 'no demand' as a reason for not releasing the same computer with Linux installed in the UK. From the ZDNet article: 'Before the launch of the Acer Aspire in Singapore, there had been no suggestion that any major manufacturer other than Dell was even considering releasing Ubuntu-based products. However, Acer president Gianfranco Lanci did tell Financial Times Deutschland that "the whole [PC] industry is disappointed with Windows Vista". Lanci claimed that Microsoft's new operating system had not boosted PC sales, due to concerns over its stability and overall maturity.'"

Mattaburn writes with a story up on ZDNet UK reporting that Dell is warning businesses of the migration challenges that lie ahead as they move to Vista. The article notes what an unusual step it is for a company of Dell's size to be "toning down its sales pitch for Microsoft's Vista operating system" — particularly because "one of the issues the hardware vendor is warning business about is the extra hardware they will need to buy." Quoting: "'They need to be looking at the number of images they will be installing and the size of these images,' said Dell's European client services business manager, Niall Fitzgerald. 'A 2GB image for each user will have a big impact.'"

famicommie writes "All of Novell's fingernail biting has been for naught. In a display of forgiveness and bridge building on behalf of the FSF, ZDNet reports that the final draft of the GPLv3 will close the infamous MS-Novell loophole while allowing deals made previously to continue. From the article: 'The final, last-call GPLv3 draft bans only future deals for what it described as tactical reasons in a 32-page explanation of changes. That means Novell doesn't have to worry about distributing software in SLES that's governed by the GPLv3 ... Drafting the new license has been a fractious process, but Eben Moglen, the Columbia University law school professor who has led much of the effort, believes consensus is forming. That agreement is particularly important in the open-source realm, where differing license requirements can erect barriers between different open-source projects.'"

bob_dinosaur writes "According to The Register, Microsoft's Patent Attorney Jim Markwith told the Open Source Business Conference that the reason they hadn't named the supposedly infringing patents was that it would be 'administratively impossible to keep up' with the list. 'According to Ramji, the executive tasked with the difficult job of straddling Microsoft's growing support for open source in server and tools, and aggressive and unpredictable statements from management on patents, made a jaw dropping attempt to explain away the Forbes article. "The reason we disclosed that, is because there was a request for transparency following the Novell deal Iast November. This was a response to that transparency," Ramji said. It was at that point the OSBC audience erupted.'" That transparency apparently extends to multiple levels. ZDNet is reporting that Novell will share the details of its agreement with Microsoft sometime in the near future.

theodp writes "Amazon will pay an undisclosed amount to IBM to settle a long-running patent feud, and the two companies have agreed to a long-term patent cross-licensing agreement. Information Week wonders if an insurance dispute prompted Amazon's settlement, noting that Atlantic Mutual sued Amazon back in March to escape any obligation to reimburse the e-tailer should it lose the case brought by IBM. Amazon had relied on Atlantic Mutual's backing in an earlier legal battle it waged against tiny InTouch. 'Amazon, whose chief executive, Jeff Bezos, is a vocal advocate of patent reform, has had numerous patent issues in the past. In 2005, the technology used in its 1-Click checkout system came under scrutiny as potentially infringing upon a similar product made by a small Virginia-based company called IPXL Holdings. Meanwhile, the US patent system itself is experiencing growing pains as Congress continues to explore the possibility of updating it to better serve the needs of the 21st-century business world.'"

ZDOne writes "A piece up on ZDNet looks at the issue of naked PCs. ZDNet UK phoned around all the major PC vendors and not one of them would sell a machine without Windows on it. IT professionals are being forced to adopt Microsoft's operating systems — even if they tell their PC supplier they want a system free of Microsoft software. On the other hand, even if it's almost impossible to buy a PC without an operating system installed, companies like Dell and HP are now committed to supporting Linux as well. 'Murray believes there is a market for Linux in the UK but is also aware of the issues facing any large supplier who wants to make Linux boxes available. "It means diverting production lines and that is a lot of money and so we have to prove the business case," he said. However, he made it clear that he is enthusiastic about the idea and wants to make it work. "We just have to show it is worthwhile," he said.'"

ZDOne writes "A piece up on ZDNet looks at the issue of naked PCs. ZDNet UK phoned around all the major PC vendors and not one of them would sell a machine without Windows on it. IT professionals are being forced to adopt Microsoft's operating systems — even if they tell their PC supplier they want a system free of Microsoft software. On the other hand, even if it's almost impossible to buy a PC without an operating system installed, companies like Dell and HP are now committed to supporting Linux as well. 'Murray believes there is a market for Linux in the UK but is also aware of the issues facing any large supplier who wants to make Linux boxes available. "It means diverting production lines and that is a lot of money and so we have to prove the business case," he said. However, he made it clear that he is enthusiastic about the idea and wants to make it work. "We just have to show it is worthwhile," he said.'"

ZDOne writes "A ZDNet reporter has gotten some truly amazing quotes out of a Microsoft product manager about the troubled OneCare product. Arno Edelmann, Microsoft's European business security product manager, was flagged down at this week's CeBit event, and had this to say about the service: 'Usually Microsoft doesn't develop products, we buy products. It's not a bad product, but bits and pieces are missing ... OneCare is a new product — they shouldn't have rolled it out when they did, but they're fixing the problems now.' The problem is apparently with the the GeCAD antivirus code, which has had problems harmonizing with the company's Exchange updates. While Exchange 2007 doesn't cause issues, users with older versions may see their email quarantined as a matter of course."

ZDOne writes "A ZDNet reporter has gotten some truly amazing quotes out of a Microsoft product manager about the troubled OneCare product. Arno Edelmann, Microsoft's European business security product manager, was flagged down at this week's CeBit event, and had this to say about the service: 'Usually Microsoft doesn't develop products, we buy products. It's not a bad product, but bits and pieces are missing ... OneCare is a new product — they shouldn't have rolled it out when they did, but they're fixing the problems now.' The problem is apparently with the the GeCAD antivirus code, which has had problems harmonizing with the company's Exchange updates. While Exchange 2007 doesn't cause issues, users with older versions may see their email quarantined as a matter of course."

dyous87 points out a ZDNet article reporting that Novell has endorsed a customer's comment claiming that the total cost of ownership of Linux is higher then that of Windows. Novell and Microsoft jointly issued a press release quoting an IT guy for a UK-based bank, HSBC: "Some will be surprised to learn that our Windows environment has a lower total cost of ownership than our current Linux environment." The context of the comment makes it clear that HSBC's Linux environment has a mix of distros, and that a move to centralize around one distro — Novell's — will save money. Nevertheless, Novell's connection to this assertion is not likely to improve their reputation in the open source community.

ukhackster writes "Those overheating laptop batteries are back. Lenovo is recalling 205,000 'extended' batteries which shipped with its ThinkPad machines, or were bought as replacements. Slashdot readers will doubtless remember the flak which Sony attracted last year, after it was blamed for exploding Dell notebooks and several massive recalls. This time, the batteries were made by Sanyo. Their engineers determined that the failure was repeatable by dropping machines using the batteries from a certain height and at a certain angle. As soon as the repeatable nature of the flaw was determined, a recall was issued."

ukhackster writes "The EC is threatening Microsoft with yet more fines. This time, it's over the interoperability protocols that Microsoft has been ordered to open up to its rivals. The EC has examined 1,500 pages of information about the protocols, and concluded that they 'lack significant innovation'. This is pretty damning for both Microsoft and the patent system, as it has been awarded 36 patents covering this technology and has another 37 pending. Could this encourage someone like the EFF to start pushing to get these patents overturned? The EU has a FAQ about this issue, containing additional details on the subject.

An anonymous reader writes "Cambridge University researchers, in an investigation for BBC Television's Watchdog programme, have demonstrated a man-in-the-middle attack for the chip-and-pin credit card security system used throughout the UK and Europe. In the attack, the card is inserted into a card-reader that has been tampered with, and the information transmitted in real-time to an accomplice who uses a specially modified card to make a higher-value purchase elsewhere. The modified card-reader shows only the expected amount, but the larger amount is deducted from the victim's bank account. It would not be easy to use this method in practice because the two transactions must be made simultaneously. The same team recently demonstrated a hacked chip-and-pin terminal playing Tetris."

ukhackster writes "A row is brewing in Europe over plans to make medical records available across the EU. The scheme calls for interoperability between health systems in 22 different countries. Experts are predicting that security problems could expose confidential patient records, with one calling the affair 'a colossal waste of money and energy.' This 'e-Health' initiative reflects similar projects in the United States, and raises many of the same issues discussed here. The article makes it clear that many important issues, such as security, privacy, and the rights of patients, are still up in the air as the project moves forward. Could this be another huge IT project disaster on the horizon?"

Regular Slashdot contributor Bennett Haselton wrote in with a story about the DMCA. He starts "On January 16, a man named Guntram Graef who invoked the Digital Millennium Copyright Act to ask YouTube to remove a video of giant penises attacking his wife's avatar/character in the virtual community "Second Life", retracted the claim and stated that he now believes the video was not a copyright violation. (He had sent similar notices to BoingBoing and the Sydney Morning Herald just for posting screen shots of the video.) His statements in a C-Net interview suggest that he didn't mean to alienate the anti-censorship community and was probably angry over what he saw as a sexually explicit attack on his wife. But the event sparked renewed debate over the DMCA and what constitutes abuse of it. I sympathize with Graef and I admire him for admitting an error, but I still think the incident shows why the DMCA is a bad law." Hit that link below to read the rest of his story.

The DMCA is known mainly for its two most controversial provisions: the ban on technology to circumvent copyright restrictions, and the procedures by which ISPs must respond to "take down" notices if a third party claims that one of the ISP's users is violating their copyright. The first of these, I am opposed to in principle; the second, I am not opposed to in principle but I think is too easy to abuse in practice -- because I think incidents like the Graef case and my own limited court experience in related areas has suggested that the protections against DMCA-type abuses are very weak.

First, I'm against the anti-circumvention provision in principle because I agree with the position espoused by the EFF that computer code is protected under the First Amendment, even if some uses of that computer code may be illegal. After all, at one point a U.S. court even ruled that a manual for carrying out murders as a hit man was protected speech! That ruling was overturned on appeal, and the case was settled out of court before a final decision was ever reached, but still -- given that a handbook for killing people was considered free speech by at least one court, it's a bit of a stretch to think that a DVD-copying program should be given less protection. Just because X is illegal does not mean that tools or instructions for doing X should also be illegal.

With regard to the second provision, I'm not against requiring ISPs to take down infringing material on receipt of a notice from the copyright holder. But in practice there are two avenues for abuse here: (a) the party sending the take down notice can make statements that are not technically false, but which have the effect of persuading the ISP to take the material down, or (b) the party sending the take down notice can simply lie -- because the truth is that in too many cases, false statements made "under penalty of perjury" are not prosecuted, or even noticed, by the courts.

The EFF has already done a good job documenting abuses under the DMCA, and I'm not going to repeat all of that here. My argument is that these are not just temporary problems with a relatively new law, but rather that the abuses are the result of realities that won't change any time soon: ISPs being too busy to look closely at every complaint, and courts being too busy to go after everyone who violates court rules to get what they want. And thus it does no good to say that the DMCA would be fine if only enforcement actually got done properly instead of the ham-handed way it's been carried out so far, because that's not going to happen.

As I said, I think that if you have a bona fide case against a party, there's nothing wrong with taking action against them that would otherwise be considered a violation of their privacy and other rights. I've never sent a DMCA take down notice myself, but I've been involved in court cases in which I asked the judge to sign an order requiring a third party to turn over information about someone that was pertinent to the case. I don't consider that an abuse of the system, if the information you're after is relevant.

I realize this may separate me from some fellow privacy advocates, and some of the things I've done may make them uncomfortable. In one case, I had invited a girl to a charity luncheon where the tickets were $100 apiece, and when she showed up she had "forgotten her checkbook" and needed to borrow the money... Now, don't get ahead of me... Later, in what will not come as a huge spoiler to my fellow male Seattle residents, she apparently decided that, being a non-overweight, non-single-Mom, non-sexually-repressed girl in a city full of rich single guys, she was under no obligation to pay me back, and said, "Go ahead and sue me". Anyone who knows about my sideline taking spammers to court would tell you, it is not a terrifically smart move to say to me, "Go ahead and sue me". So, since I was going to be at the courthouse for an upcoming case against a spammer, I figured, why not, and filled out a Small Claims form with the defendant's address listed as "to be determined", since all I had was her cell phone number. Then I asked the judge to sign an order asking T-Mobile to give me the rest of her information so I could serve the papers on her. The judge signed it, I mailed it off to T-Mobile, and three weeks later T-Mobile sent me a letter containing her address, where I had the papers served. Most people don't know it's possible to do this just in a case where someone owes you $100 and all you have is a phone number, but that's just because a lawyer would never bother with such a small case, and most non-lawyers don't know the option exists -- and of course, it also depends on the judge, who may or may not sign the order.

(In that vein, people always ask me, is that sort of thing really worth the time? In this case, since I was going to be at the courthouse anyway, the extra time to write the motion, get it signed, and mail it off, was less than 30 minutes. But I was mainly curious about whether or not it could be done, and how much privacy protection there really is under the law, and knowing that was worth more to me than the $100 anyway.)

So I don't think it's unethical to request such information if you have a genuine case against a party. But while I don't think that what I did constitutes abuse of the system, I think it clearly shows how the system could be abused. Nobody checked my ID when I filed the case or asked the judge to sign the subpoena; I could have been anybody, and I could have disappeared once I had the information. (I had T-Mobile mail it to my address, but I could have just as easily had them mail it to the court, and then gone down and asked to look at the court file.) DMCA opponents should be aware that even without the DMCA, privacy protections are not as great as most people probably think they are.

As a result, I'm especially nervous about laws that enable abuse based on copyright assertions, because almost all of the legal threats we've ever received at Peacefire were based on what I considered to be bogus "copyright" claims. In 1997 we published a program that you could run on any computer with CYBERsitter blocking software installed, and it would decrypt the file that stored CYBERsitter's "secret" blocked-site list, and print it out in plain text. The CEO of CYBERsitter claimed that we were "violating every intellectual property law ever written" and sent threatening notices to our ISP demanding that they remove the program. I argued that every byte of the decryption program was our original work, so it didn't violate their copyright. In fact, it didn't even enable violations of their copyright, because it didn't make it any easier for someone to distribute illegal copies of their program, and I also said the decryption program served a worthwhile purpose by allowing customers or potential customers to see what the program really blocked. (Although to me, the enabling issue and the "worthwhile purpose" issue were secondary to the primary point, that original works of computer code should be protected by the First Amendment.) Fortunately our ISP stood their ground, but if the DMCA had existed back then, CYBERsitter could have invoked it, and possibly the extra pressure might have caused our ISP to back down. (Blocked-site-decryption programs were originally exempt from the DMCA as a result of the decision of the Copyright Office, but that exemption was revoked in 2006 because nobody had written a new decryption program in three years.)

So that was an example of how a company could intimidate an ISP into taking down material, without technically lying about the situation, but tacking on the words "copyright violation" and hoping the ISP would capitulate. What about cases where the sender of a DMCA take down notice just lies?

The Dutch activist group Bits Of Freedom conducted an experiment in 2004, in which they signed up with 10 different ISPs and posted a copy of a work that was clearly labeled with a notice that the author had died 100 years ago and the copyright had expired. Then they sent fake "complaints" to all 10 ISPs from an anonymous Hotmail address. 7 of the 10 ISPs removed the content immediately, and one even replied to give the personal details of the account holder, without being asked to do so. So completely fictitious complaints do apparently work. The DMCA does more protection than that because it requires the complainer to make a copyright claim "under penalty of perjury". But how much assurance does that really provide?

No one has yet tried to get our site shut down with a copyright claim or other accusation that was simply made up out of whole cloth. But my experiences in other areas have left me without much confidence in statements that are made "under penalty of perjury". The times I've been to court against spammers, I usually get to watch a few other Small Claims cases being tried. Probably at least once every time that I've been there, it's come to light that some party in a case said something that they almost certainly knew was not true, and I've never seen a judge do anything about it -- and court employees who have been there much longer have said they've never seen it happen either. (Judges are far more likely to get upset about people speaking out of turn. It's OK to lie, as long as you do it while the judge isn't talking!) It's true that Small Claims court is for resolving small matters, but lying under oath in Small Claims court is still a felony, punishable at least in theory by up to 10 years in jail. (And in any case, lawyers have told me that even in higher-level courtrooms, most false statements don't get anyone in big trouble. High-profile cases like Martha Stewart are the exception.) I don't think that everyone who lies under oath should go to the big house for 10 years. But I have no faith in the DMCA just because it requires accusatory statements to be made "under penalty of perjury", when judges usually let false statements under oath go completely unnoticed.

I doubt that a lawyer would risk their career and even their freedom to make up a completely fraudulent DMCA claim against us, such as claiming a page on our site was a ripoff of something originally produced by their client. But I don't think it's out of the realm if possibility that a lawyer would claim that, for example, a parody of one of their logos that appeared on our site, was a "copyright violation" -- even though the company would almost certainly be advised by their lawyer that such parodies are protected speech, which means their statement would constitute perjury, but it would probably never be punished.

The low point of my own confidence in the enforcement of anti-perjury laws, came when I sued a spammer who appeared in court and claimed that he had absolutely no knowledge of the spam being sent, and had never accepted any orders for spamming of any kind, while the judge, who appeared to hate anti-spam cases even more than most judges did, kept haranguing me for suing a clearly "innocent" person. I then played a recording of a conversation that I had with the spammer over the phone, pretending to be an interested customer (with a disclaimer played at the beginning of the call saying that it could be recorded, in order to make the taping legal), in which he said, among other things:

"I mean, we have all their information to back up any email we send them. If we have their ISP information, we can prove that they've given it out, because you can't get someone's ISP unless they've given it to somebody." [sic -- he meant "get someone's e-mail address", although the statement is still wrong]

"Do you already have your creatives and everything? So I've just got to upload what you have and just blast it out?" [note: "creatives" are copies of ads that sent out for you by advertisers and spammers]

"It's a United-States-based company but they pump everything through China and then it comes back to the United States."

The judge appeared very flustered at that point and started accusing me of "entrapment" (which was backwards -- I'd never heard of the spammer until he spammed me first, and then I called him afterwards, just to get evidence that he was in the spamming business in case he showed up in court and denied it). Since she claimed it was entrapment, I still lost and the spammer walked out home-free, without the judge ever even commenting on the questionable veracity of the statements he had made at the beginning. And that is all the protection that exists in the real world against people making false statements "under penalty of perjury".

The point is that when reading the wording of a proposed law, there's a temptation to think that the scenario described is exactly how the law will play out when it's enforced (see the "Alice, Bob and Charlie" scenario in the Wikipedia entry on the relevant section of the DMCA), and that anyone who deviates from the rules will be punished. But my narrow experience in court, in an area unrelated to the DMCA, taught me some things that several lawyers, with sad smiles, have confirmed to be true throughout the law: (a) judges will do what they want; (b) even if judges do sincerely want to follow the law, they're unlikely to agree on what it says; and (c) courts don't have the will or the time to chase down every person who violates the rules.

Don't judge a law by what it says will happen. Judge it by how it will play out if more than half of the steps in the process get screwed up. Guntram Graef apparently wasn't even trying to do anything dishonest when he got a video removed from YouTube on the basis of copyright claims that turned out not to be valid. Imagine how much abuse is possible when you're gaming the system on purpose.

Unpaid Schill writes "Over on the O'Reilly Network, there's an interesting piece about how Microsoft tried to hire people to contribute to Wikipedia. Not wanting to do the edits directly, they were looking for an intermediary to make edits and corrections favorable to them. Why? According to the article, it was apparently both to let people know that Microsoft will not 'enable death squads with their UUIDs' and also to fight the growing consensus that OOXML contains a useless pile of legacy crap which is unfit for standardization."

ukhackster writes "A Swedish bank has fallen victim to what experts believe is the biggest online robbery ever. A Russian gang apparently used keylogging software to steal around one million dollars. It appears that most of the victims weren't running security protection. The bank is refunding everyone who lost money (even if they hadn't taken precautions) — good news for the victims, but not really an incentive to take more care in future. From the article: 'Nordea believes that 250 customers have been affected by the fraud, after falling victim to phishing emails containing the Trojan. According to McAfee, Swedish police believe Russian organised criminals are behind the attacks. Currently, 121 people are suspected of being involved. The attack started by a tailormade Trojan sent in the name of the bank to some of its clients, according to McAfee. The sender encouraged clients to download a "spam fighting" application.'"

Robert writes "UK schools and colleges that have signed up to Microsoft Corp's academic licensing programs face the significant potential of being locked in to the company's software, according to an interim review by Becta, the UK government agency responsible for technology in education. The report also states that most establishments surveyed do not believe that Microsoft's licensing agreements provide value for money." In a separate report, Becta offered the opinion that schools should avoid Vista for at least another year, since neither Vista nor Office 2007 offers any compelling reasons for schools to upgrade.

ukhackster writes "Traditional magnetic hard drive platters could be on the way out, thanks to SanDisk's launch today of a hard drive based on flash memory chips. The device can store 32GB of data and is meant for notebooks . SanDisk claims that using flash chips means faster access and better reliability, so less danger of a serious system crash wiping out all your valuable data if you drop your laptop. The downside, though, is price. At an extra $600 dollars, are price-conscious consumers going to be interested?"

ukhackster writes "ZDNet UK is reporting that ultrawideband will be legalized in Europe within 6 months, but with tougher controls than in America — the only place where it is legal now. Ultrawideband offers wireless connectivity at speeds up to 1Gbps, and is meant to supersede USB and clear our desks of wires. In Europe, fears that UWB might interfere with other technologies have kept it out of the market. Opening up the European market could give manufacturers a powerful incentive to push UWB." From the article: "[S]ources confirmed to ZDNet UK that the restrictions put forward by the EC would indeed be more rigorous than those imposed in the US, although they would not be so restrictive as to make it impossible for some global harmonization of UWB devices... It is understood that the committee decision to allow UWB was based on a far from unanimous majority, with some Scandinavian countries and France opposing the proposal."

theodp writes "Grab your COBOL Coding Forms and head on over to comp.lang.cobol, kids! Yesterday was Grace Hopper's 100th birthday, and many are still singing the praises of her Common Business-Oriented Language."

Agram writes, "This week Apple has released fixes for 31 vulnerabilities in its OS, although reportedly a number of known flaws remain un-addressed (according to the instigator of the Month of Kernel Bugs, 'Apple hasn't fixed any of the bugs published during [MoKB], except for the AirPort issue'). Earlier this year, in a move reminiscent of Microsoft's past patching faux pas, Apple released a 'fix' the installation of which broke features unrelated to the targeted flaw. With the growing number of low-level flaws, one has to wonder if Apple's 'more secure' argument still stands. Earlier this month, Microsoft released 6 fixes. Linux does not seem to fare much better. Despite all of these fixes, exploits remain in the wild for each platform. Perhaps, security-wise, the OS choice really boils down to a 'pick-your-poison X user-base' equation?"

mikesd81 writes "Reuters reports that IBM hopes to capitalize on the enormous growth in video surveillance. They'll begin selling technology from their research labs that performs real-time analysis on footage captured by security cameras in stores and sensitive locales. IBM contends that it is the first to add advanced search functions, which make use of computers' improving ability to recognize video content. For example, the IBM system would let a user search for all instances of a green car passing by a store on a certain day. It can also incorporate data gathered from audio or chemical sensors. And IBM said S3 includes important privacy enhancements, such as the ability to automatically obscure faces of customers or passers-by. IBM said that S3's target market includes retail outlets, banks, airports, freight terminals and mass transit systems. It is also being sold to public security agencies and other government departments." C|Net reports that the software is so impressive, it may be monitoring border crossings before too long.

My Nipples Explode With Delight writes to mention a ZDNet article looking at a proposal for a 'super-telco' regulation board for the EU. The idea was ripped apart, at an event where Net Neutrality in Europe and roaming charges were also discussed. From the article: "'The Commissioner thinks Net neutrality needs to be addressed,' said Blowers, who claimed a lack of relevant regulation in America had led to the issue being so explosive there. 'It is probably not sufficient to just talk about competition powers to deal with Net neutrality,' he continued, before suggesting that, if tiered services were introduced in the UK and Europe, 'there should be sufficient transparency in the market that consumers can make informed choices'."

An anonymous reader writes "Microsoft has signed a memorandum of understanding with the BBC for 'strategic partnerships' in the development of next-generation digital broadcasting techniques. They are also speaking to other companies such as Real and Linden Labs. Windows Media Centre platform, Windows Live Messenger application and the Xbox 360 console have all been suggested as potential gateways for BBC content. It is unclear how this impacts on existing BBC research projects such as Dirac, although it is understood that the BBC would face heavy criticism if its content was only available via Microsoft products."

ukhackster writes "European commissioner Neelie Kroes has claimed that she was lobbied by the US government over the Microsoft antitrust case. ZDNet UK is reporting that Kroes 'did not appreciate' being asked to be 'nicer' to Microsoft. Given that Microsoft was fined 280m euros, perhaps this tactic backfired." From the article: "The commissioner criticised the approach. 'This is of course an intervention which is not possible,' Kroes told Dutch newspaper Financieele Dagblad this week. When asked if she was annoyed by the Embassy's approach, she said 'In my work, I cannot have a preference. I have, however, a personal opinion, but that is for Saturday night.'"

sankyuu writes "After years of rumor and vacillation over fear of patents, the city of Munich has decided to trickle in its first 100 linux terminals. The floodgates are scheduled to fling open by 2008, when 80% of government PCs should be running Linux."

pieterh writes "ZDNet UK has a detailed article on the heating-up of the software patent debate in Europe. A new motion before the European Parliament calls for a harmonised patent court (EPLA) that would be able to enforce software patents across Europe. This comes just 15 months after the EP rejected the infamous Computer Implemented Inventions directive." From the article: "Patents on software are formally disallowed under the European patent system, but are routinely granted by the European patent office, according to critics. They are currently difficult to enforce in many EU member states, something critics say would be changed by the failed software patent directive, and now by the EPLA. Software patents are generally considered to add to the legal costs of large enterprises, as well as creating a hostile legal environment for smaller software businesses and open source projects."

ukhackster writes "Relations between Microsoft and the open source community may be thawing. The Mozilla Foundation has just welcomed the offer of help to get Firefox working properly in Vista, and Microsoft has also insisted it will help non-IE browsers work with Windows Live. Is this the start of better collaboration, or just a sign the Microsoft has learned its lesson from the antitrust battles?"

eldavojohn writes "Windows' PatchGuard seems to be upsetting third party security vendors such as Symantec, Sana Security and Agnitum. It sounds like the 'black hats' will be able to bypass this security feature (which will be in all copies of Vista) but force security software companies to give up developing software for Windows. From the article: 'PatchGuard will make it harder for third parties, particularly host intrusion-prevention software, to function in Vista,' said Yankee Group analyst Andrew Jaquith. 'Third parties have two choices: continue to petition Microsoft to create an approved kernel-hooking interface so products like theirs can work, or use "black hat" techniques to bypass the restrictions.' Apparently, using these techniques is not a difficult trick."

ukhackster writes "The curse of Norton Antivirus has struck again. This time, Britain's vicars have been hit. Norton mistook a legitimate file for a piece of spyware, and those who followed the instructions found that their sermon-writing application no longer worked. Norton was once an essential application. Is it turning into a joke?"

ukhackster writes "The UK government has proposed that suspected cybercriminals could be banned from the Internet or have their PCs seized, even if they've not been convicted. These so-called Asbos have typically been used against teenage hoodlums or small-time crooks, but now they're gunning for organised criminals." From the article: "Asbos give the courts almost unlimited powers when imposing conditions on the person receiving the order. Under the Home Office proposals, the courts would have almost unlimited discretion to impose the order if they believe it probable that a suspect had 'acted in a way which facilitated or was likely to facilitate the commissioning of serious crime.' In a civil court, hearsay is admissible evidence, and the burden of proof is lighter than criminal courts."

Tony writes "ZDNet asks the question: 'Does Microsoft Campus give good value for money?' Its good to see a review of the dominant software, but the review is likely to lead to no or little changes, so the real question would be 'Is the review worth the money being spent on it?'."

ukhackster writes to tell us that Sun's Simon Phipps challenged many open source ideals at a recent open source conference in London. Urging the open source community to look to the lessons of capitalism, Phipps called for "volunteerism" to be replaced with "directed self-interest" and denounced the perceived legal issues surrounding open source. From the article: "Phipps took time out to take a swipe at some of the exhibitors at the conference who were selling professional advice on negotiating the open source 'legal minefield'. 'I disagree with those who say who say open source is a legal minefield,' he said as he threw from the stage a brochure from one firm of lawyers. 'If you think open source is a minefield you're doing it wrong.'"

An anonymous reader writes "The Belgian government has decided all government agencies will be required to use only open document standards from September 2008 onwards. One year earlier, they should be able to read them. In practice this means only ODF will be supported, although OpenXML will be considered if it becomes an accepted standard, and enough applications use it. According to a Belgian Microsoft-spokesman, Microsoft is considering supporting ODF (article in Dutch)."

jht writes "Arriving in my Inbox a few minutes ago (I'm a Novell Partner), was the announcement that effective immediately, CEO Jack Messman and CFO Joe Tibbetts are out of jobs at Novell. Existing president Ron Hovsepian was named CEO, and an interim CFO was named as well. Messman will stay on the board thru the end of October, though. A webcast of the conference call should be available shortly at www.novell.com/company/ir." ukhackster links to ZDNet's coverage of the shakeup, writing "It looks like [Messman's] been blamed for Novell's poor performance in the Linux space versus Red Hat. But can Linux ever be a real cash cow?"

An anonymous reader writes "ZDNet reports on a recent German Linux migration by the tax authority in Lower Saxony which has made the decision to migrate an impressive 12,000 desktops to SuSE Linux using KDE. The project, which is now in process converting 300 desktops daily, moves systems from Solaris x86 version 8, which the organisation has been running since 2002. The migrations are reported as going well thus far. KDE's Kiosk desktop customisation, source code access and licensing costs were cited as key reasons for the decision. Congratulations to all involved, and best of luck going forward with this effort!"