Slashdot Mirror

NewYorkCountryLawyer writes "The RIAA's first trial verdict having been tossed out last year, the RIAA is coming back for a second round starting Monday. This time the trial will be in Minneapolis, rather than Duluth, and the defendant will have a team of pro bono lawyers on her side. But perhaps the most important new development is that this time, the 'technical' evidence garnered by MediaSentry and 'explained' by the RIAA's expert witness Doug Jacobson, will not get the free pass it got the first time around. In the 2007 trial in Capitol Records v. Thomas, no objection was made by defendant's lawyer to the MediaSentry/Doug Jacobson 'evidence' upon which the RIAA relied, and the evidence was admitted without objection. This time there will be no free ride, as defendant's tech-savvy lawyers have already filed a list of objections to the RIAA's proposed exhibits. Most notably, they attack the 'technical' materials submitted by MediaSentry and Dr. Doug Jacobson under Rule 702 of the Federal Rules of Evidence, which requires evidence based on 'scientific, technical, or other specialized knowledge' to be based on sufficient facts or data, to be the product of reliable principles and methods, and to be the result of those principles and methods having been applied reliably to the facts of the case. If the evidence fails to meet those standards, it is inadmissible. This judge has already shown acute awareness of these principles in deciding which subjects the defendant's expert could and could not address. This should be interesting."

Kikizo has an editorial piece evaluating the Xbox 360's upcoming motion-control scheme, Project Natal, and discussing why it's a bigger step forward for interactive gaming than many people think. Quoting: "[Natal] accurately perceives players in 3D space, simultaneously tracking over 48 joints on your body, enabling it to accurately redraw your skeleton in real time as you move about. On a separate 'debug screen' in the closed-doors session, we could witness for ourselves the 'mind's eye' of Natal, visually showing how it completely understands where we are, how we're moving, where we are in 3D space, how far in front of my face my hand is, whatever. It can supposedly even track individual hand and finger movement when it switches into this more finely-tuned mode. ... There is a surprising feeling of tactility and iPhone-like fluidity and precision to the way Natal works." Another interesting bit of news about Natal is that Wii-hacker Johnny Chung Lee is part of the development team. We've discussed some of his creations in the past.

NewYorkCountryLawyer writes "In the Duluth, Minnesota case headed for a re-trial on June 15th, Capitol Records v. Thomas-Rasset, the RIAA has filed a motion seeking to bar the defendant, Jammie Thomas-Rasset (she got married recently), from making objections to the plaintiffs' copyright registration documents. To preempt those of you reacting with shock and anger at the American judicial system, let me assure you this motion has nothing to do with the American judicial system; the RIAA's motion has the chance of a snowball in Hell of being granted, as there is simply no legal basis for preventing a person from making valid legal objections in Trial #2, just because the lawyer she had in Trial #1 didn't make similar objections. I'm guessing that the RIAA lawyers realized they have some kind of problem with their paperwork, and thought this a clever way of short-circuiting it. Instead, of course, they have merely red-flagged it for Ms. Thomas-Rasset's new legal team. A few days earlier, the RIAA lawyers filed a similarly ludicrous motion trying to keep Ms. Thomas-Rasset's expert witness from testifying; that too is doomed."

The Berkeley LUG has a neat aggregation of many different places where you can acquire a desktop, laptop, or even netbook with Linux pre-installed. The list starts with a link to Dell's Linux offering, includes many independent vendors, and many updates from user comments, almost all of whom seem to be drinking the Ubuntu kool-aid. "Over the last couple of years, Linux has come a long way in terms of hardware support, and these days it is relatively rare that an installation of ubuntu/fedora will be lacking any drivers for your machine. However, installing any OS can still sometimes be a tedious task and one that scares the wits out of the average computer user. And, for the expert users out there, it's just more fun to buy a computer with Linux already on it and not have to pay the Microsoft tax."

niktemadur writes "In an uncanny case of life-imitates-Monty-Python, the BBC reports of a North Carolina teenager who entered an internet cafe with a banana concealed under his T-shirt, said it was a gun and demanded money. The owner of the shop and its customers overcame the hapless thief and called for help. When the police arrived, witnesses reported that the teenager had eaten the banana in the interim. In addition to attempted armed robbery, officers joked they may also charge the 17-year-old with destroying evidence and took pictures of the banana peel instead. No mention in the article, however, on how patrons might have defended themselves against a pointed stick."

An anonymous reader writes "From The Washington Post's Security Fix blog comes a tale that should make any Windows home user or system admin cringe. It seems the latest version of the Zeus Trojan ships with a command that will tell all infected systems to self-destruct. From the piece: 'Most security experts will tell you that while this so-called "nuclear option" is an available feature in some malware, it is hardly ever used. Disabling infected systems is counterproductive for attackers, who generally focus on hoovering as much personal and financial data as they can from the PCs they control. But try telling that to Roman Hüssy, a 21-year-old Swiss information technology expert, who last month witnessed a collection of more than 100,000 hacked Microsoft Windows systems tearing themselves apart at the command of their cyber criminal overlords.'"

tordavis writes with news that Rockstar Games has announced Max Payne 3 is in the works for the PS3, Xbox 360, and PC. It's currently planned for this coming winter. Quoting the news release: "'We're starting a new chapter of Max's life with this game,' said Sam Houser, Founder of Rockstar Games. 'This is Max as we've never seen him before, a few years older, more world-weary and cynical than ever. We experience the downward spiral of his life after the events of Max Payne 2 and witness his last chance for salvation.' Since leaving the NYPD and New York itself behind, Max has drifted from bad to worse. Double-crossed and a long way from home, Max is now trapped in a city full of violence and bloodshed, using his weapons and instincts in a desperate search for the truth and a way out."

KentuckyFC writes "Many countries censor internet traffic using techniques such as blocking IP addresses, filtering traffic with certain URLs in the data packets and prefix hijacking. Others allow wiretapping of international traffic with few if any legal safeguards. There are growing fears that these practices could trigger a major international incident should international traffic routed through these countries fall victim, whether deliberately or by accident (witness the prefix hijacking of YouTube in Pakistan last year). So how to avoid these places? A group of computer scientists investigating this problem say it turns out to be surprisingly difficult to determine which countries traffic might pass through. But their initial assessment indicates that the countries with the most pervasive censorship policies — China, Iran, Pakistan, Saudi Arabia — pose a minimal threat because so little international traffic passes their way. The researchers instead point the finger at western countries that have active censorship policies and carry large amounts of international traffic. They highlight the roles of the two biggest carriers: Great Britain, which actively censors internet traffic, and the US, which allows warrantless wiretapping of international traffic (abstract)."

There are a few basic rules that everyone knows: don't run around on your roof holding an antenna during a thunderstorm, don't pull the mask off the old Lone Ranger, and don't try to smash bullets in your driveway with a hammer. 21-year-old Matthew Dugger never learned the bullet rule. Dugger went to the hospital after one of the bullets he was slamming with a hammer exploded, blowing shrapnel into his leg. The hammering was witnessed by several kids belonging to Dugger's roommate, who was already under investigation for inadequate supervision of the children. "Anyone nearby could have certainly been hit by it. It's such a monumentally stupid idea," said Travis Brunson, owner of Chiquita Guns.

NewYorkCountryLawyer writes "Jammie Thomas, the defendant in Duluth, Minnesota, RIAA case Capitol Records v. Thomas, has served her expert witness's report. The 30-page document (PDF), prepared by Prof. Yongdae Kim of the Computer Science Department of the University of Minnesota, attacks the reports and testimony of Prof. Doug Jacobson, the RIAA's expert, and the work of the RIAA's investigator, Safenet (formerly known as MediaSentry). Among other things, Dr. Kim termed MediaSentry's methods 'highly suspect,' debunked Dr. Jacobson's 'the internet is like a post office' analogy, explained in detail how FastTrack works, explored a sampling of the types of attacks to which the defendant's computer may have been subjected, accused Jacobson of making 'numerous misstatements,' and concluded that 'there is not one but numerous possible explanations for the evidence presented during this trial. Throughout the report I demonstrate possibilities not considered by the plaintiff's expert witness in his evaluation of the evidence...' Additionally, he concluded, 'MediaSentry has a strong record of mistakes when claiming that particular IP addresses were the origins of copyright infringement. Their lack of transparency, lack of external review, and evidence of inadequate error checking procedures [put] into question the authenticity and validity of the log files and screenshots they produced.'"

treqie writes "During the trial of pirate bay yesterday, a professor (Roger Wallis) took the witness stand. He told the court things that the prosecutors did not want to hear. The prosecutors then tried to discredit both him and his team's work in the area, as well as his title, it was a real spectacle. In the end, the judge asked if he wanted compensation for being there — he replied that he did not want anything, but they could send flowers to his wife. Many listening online heard, and began sending her flowers, from all over the world. As of this submission, the sum is over 40,000 SEK worth of flowers. There's even a Facebook group for it."

dazza101 writes "For the first time ever, we have witnessed a solar eclipse from the moon. On 10 February 2009 Japan's Kaguya lunar orbiter captured the sight of the Earth eclipsing the sun. The spacecraft also recorded this video showing the Earth surrounded by a glowing ring and briefly forming the classic diamond ring that often occurs during a solar eclipse, as seen from down here on Earth."

Robert Cox writes "Lawyer Peter Morin has a few choice words for the Claims Administrator in the Apple iPod Nano 'scratch' case: 'Dear Sir: I have received a Notice of Class Action Settlement For Uncoated First Generation iPod nanos. My control number is 12017087501. I wish to submit my objection to the terms of settlement. I have been the recipient of more than a few similar Notices during the past twenty years, but this is the stupidest bullshit I have ever witnessed...'"

dfn_deux writes "In a follow up to a 2005 story where Florida judge Doug Henderson ruled that breathalyzer evidence in more than 100 drunk driving cases would be inadmissible as evidence at trial, the Second District Court of Appeal and Circuit Court has ruled on Tuesday to uphold the 2005 ruling requiring the manufacturer of the Intoxilyzer 5000, Kentucky-based CMI Inc, to release source code for their breathalyzer equipment to be examined by witnesses for the defense of those standing trial with breathalyzer test result being used as evidence against them. '"The defendant's right to a fair trial outweighed the manufacturer's claim of a trade secret," Henderson said Tuesday. In response to the ruling defense attorney, Mark Lipinski, who represents seven defendants challenging the source codes, said the state likely will be forced to reduce charges — or drop the cases entirely.' ... What this really means is that outside corporations cannot sell equipment to the state of Florida and expect to hide the workings of their machine by saying they are trade secret. It means the state has to give full disclosure concerning important and critical aspects of the case."

Thousands of shoes, boots, slippers, sandals, and even roller blades from sources unknown disrupted Miami traffic on Friday. No witnesses have come forward with information on the mountain of footwear and law enforcement officials say the person responsible for leaving behind the shoes will be charged for the clean up. I think we have just witnessed the beginning of the next M. Night Shyamalan movie.

NewYorkCountryLawyer writes "According to a tantalizing 'unconfirmed' report, it appears that the RIAA has jettisoned MediaSentry (now known as SafeNet) as its 'investigator.' MediaSentry has come under heat in a number of different states for the fact that it was 'investigating' without an investigator's license and invading people's privacy. Earlier this year it was found to have made diametrically conflicting written statements to two different tribunals within 30 days of each other, in one denying that it was an 'expert witness,' in another claiming that it was an 'expert witness.' If the report is accurate, the termination comes at an interesting time, since MediaSentry's investigator is the plaintiffs' only fact witness to prove copyright infringement in Capitol Records v. Thomas, which is now headed for a retrial on March 9th. If he does take the stand, the reasons for his company's termination will be fair game for cross examination. One also has to wonder if it's in any way connected to the puzzling enigma of the New York Attorney General's alleged involvement in the RIAA's recent Wall Street Journal announcement that it would be reducing its p2p file sharing cases to a trickle."

NewYorkCountryLawyer writes "The entire transcript of the RIAA's 'perfect storm,' its first and only trial, which resulted in a $222,000 verdict in a case involving 24 MP3's having a retail value of $23.76, is now available online. After over a year of trying, we have finally obtained the transcript of the Duluth, Minnesota, jury trial which took place October 2, 2007, to October 4, 2007, in Capitol Records v. Thomas. Its 643 pages represent a treasure trove for (a) lawyers representing defendants in other RIAA cases, (b) technologists anxious to see how a MediaSentry investigator and the RIAA's expert witness combined to convince the jurors that the RIAA had proved its case, and (c) anybody interested in finding out about such things as the early-morning October 4th argument in which the RIAA lawyer convinced the judge to make the mistake which forced him to eventually vacate the jury's verdict, and the testimony of SONY BMG's Jennifer Pariser in which she 'misspoke' according to the RIAA's Cary Sherman when she testified under oath that making a copy from one's CD to one's computer is 'stealing.' The transcript was a gift from the 'Joel Fights Back Against RIAA' team defending SONY BMG Music Entertainment v. Tenenbaum, in Boston, Massachusetts. I have the transcript in 3 segments: October 2nd (278 pages(PDF), October 3rd (263 pages)(PDF), and October 4th (100 pages)(PDF)."

An anonymous reader writes "Sarcasm may be the lowest form of wit, but Australian scientists are using it to diagnose dementia, according to a new study. Researchers at the University of New South Wales, found that patients under the age of 65 suffering from frontotemporal dementia (FTD), the second most common form of dementia, cannot detect when someone is being sarcastic."

vik writes "According to local media, multiple eye witnesses are reporting that a meteorite crashed into a warehouse in Auckland, New Zealand last night, setting it on fire. The warehouse roof was destroyed but no nearby buildings were damaged and there was only one minor casualty — a man who happened to be inside the building at the time. The fire service have not yet made an official announcement."

Lucas123 writes "The Santa Cruz, Calif. DA's office had been counting on a DVD with the recorded testimony of a victim in case against a serial rapist, but when they popped the video into the player, nothing came up — the disc was blank. To make matters worse, the cop who performed the original interview with the victim told the DA she never said she was 'forced,' so the judge wasn't going to allow the witness to testify in a case where her original statement to police was in conflict with her current testimony. After two local data recovery firms said there was no way to restore the data, a third was able to recover the police interview from two years earlier, which led the defendant to plead guilty earlier this month. Close call."