An anonymous reader writes "Last week, in a blow to the content industry, the Ninth Circuit granted Veoh a pyrrhic victory against Universal Music Group and clarified the scope of the Digital Millennium Copyright Act's safe harbor provisions for online service providers. By adopting a position taken by the Second Circuit in Viacom v. YouTube, the decision harmonized the law in two intellectually influential jurisdictions and set the standard in New York and California, national hubs for content creation and technological innovation. Going forward, tech startups will have more room to innovate while facing decreased risk of crippling financial liability. An article by two IP lawyers published today in TechCrunch simplifies and explains the scope of safe harbor protection in light of these rulings.
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CNET reports that a British businessman named Jim McCormick is facing charges now for fraud; McCormick "charged 27,000 pounds (around $41,000) for devices that weren't quite what he said they were." That's putting it mildly; what he was selling as bomb detecting devices were actually souped-up (or souped-down, with non-functional circuitboards and other flim-flammery) golf-ball detectors. The Daily Mail has some enlightening pictures.
schwit1 writes "Rep. Steve Pearce (R-N.M.) wants to create a 'virtual Congress,' where lawmakers would leverage videoconferencing and other remote work technology to conduct their daily duties in Washington from their home districts. Under a resolution Pearce introduced on Thursday, lawmakers would be able to hold hearings, debate and vote on legislation virtually from their district offices. The big loser would be the DC area and K Street in particular. The change would also be a double-edged sword for security."
New submitter RougeFemme writes with news of Friday's announcement that FCC chairman Julius Genachowski will step down in the next several weeks (also at Politico), and asks "Obama promised us the continuation of a free, open Internet. Will the resignation of the FCC chairman have any affect on that 'net neutrality'?"
crankyspice writes "The federal Ninth Circuit Court of Appeals recently affirmed, in Columbia Pictures Industries v. Fung (docket no. 10-55946), the summary judgment and injunctions against Gary Fung and his IsoHunt (and 3d2k-it) websites, finding liability for secondary copyright infringement for the sites' users' BitTorrent (and eDonkey) file sharing, under the 'inducement' theory (set forth by the Supreme Court in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd. , 545 U.S. 913 (2005)). The injunctions were left largely intact, with modifications required to make it more clear to the defendants what BitTorrent (etc) related activity they're enjoined from." Bloomberg has a short article on the case, too.
An anonymous reader writes "Google just settled video codec patent claims with MPEG LA and its VP8 format, which it wants to be elevated to an Internet standard, already faces the next round of patent infringement allegations. Nokia submitted an IPR declaration to the Internet Engineering Task Force listing 64 issued patents and 22 pending patent applications it believes are essential to VP8. To add insult to injury, Nokia's declaration to the IETF says NO to royalty-free licensing and also NO to FRAND (fair, reasonable and non-discriminatory) licensing. Nokia reserves the right to sue over VP8 and to seek sales bans without necessarily negotiating a license deal. Two of the 86 declared IPRs are already being asserted in Mannheim, Germany, where Nokia is suing HTC in numerous patent infringement cases. A first VP8-related trial took place on March 8 and the next one is scheduled for June 14. In related Nokia-Google patent news, the Finns are trying to obtain a U.S. import ban against HTC to force it to disable tethering (or, more likely, to pay up)."
An anonymous reader writes According to the AP, the IRS is being "scolded for spending $60,000 dollars on an elaborate parody video that played at a 2010 conference. 'The video features an elaborate set depicting the control room, or bridge, of the spaceship featured in the hit TV show. IRS workers portray the characters, including one who plays Mr. Spock, complete with fake hair and pointed ears. The production value is high even though the acting is what one might expect from a bunch of tax collectors. In the video, the spaceship is approaching the planet 'Notax,' where alien identity theft appears to be a problem.' You can find the hilarious and/or nausea-inducing video on YouTube."
SonicSpike writes with the news that the U.S. Senate yesterday "passed a nonbinding proposal to allow states to collect sales tax on Internet sellers that have no presence within their borders. The proposal was an amendment to a 2014 budget bill that the Senate debated Friday. It was pushed by Senators Mike Enzi, a Wyoming Republican, and Dick Durbin, an Illinois Democrat, and was designed to give backers a sense of whether they had enough votes to push forward with final legislation to impose an Internet sales tax. The vote showed they have plenty of backing to overcome any filibuster seeking to block a final sales tax bill."
squiggleslash writes "Concerned about their use as fronts for gambling operations, the Florida legislature passed a law banning Internet cafes. The law appears to be a reaction in part to the recent stepping down of Lt. Gov. Jennifer Carroll, embroiled in a scandal involving a company that operates Internet Cafes. More ordinary cafes with Wi-fi, where you supply your own computer (such as Starbucks), are not affected by the ban." The nomenclature here is confusing; the bill (PDF) (summary) is clearly aimed only at "cafes" that are essentially gambling venues; an Internet cafe wouldn't violate the proposed rule merely by providing computers. Whatever you think of prohibitions on gambling among consenting adults, the bill itself is sort of amusing for its very specific loopholes for bingo and "reverse vending machines."
helix2301 writes with this snippet from NBC News: "The U.S. government is expanding a cybersecurity program that scans Internet traffic headed into and out of defense contractors to include far more of the country's private, civilian-run infrastructure. As a result, more private sector employees than ever before, including those at big banks, utilities and key transportation companies, will have their emails and Web surfing scanned as a precaution against cyber attacks." Further on, the story notes that "By using DHS as the middleman, the Obama administration hopes to bring the formidable overseas intelligence-gathering of the NSA closer to ordinary U.S. residents without triggering an outcry from privacy advocates who have long been leery of the spy agency's eavesdropping."
itwbennett writes "Do you know what data the 1300+ tracking companies have on you? Privacy blogger Dan Tynan didn't until he had had enough of being stalked by grandpa-friendly Jitterbug phone ads. Tracking company BlueKai and its partners had compiled 471 separate pieces of data on him. Some surprisingly accurate, some not (hence the Jitterbug ad). But what's worse is that opting out of tracking is surprisingly hard. On the Network Advertising Initiative Opt Out Page you can ask the 98 member companies listed there to stop tracking you and on Evidon's Global Opt Out page you can give some 200 more the boot — but that's only about 300 companies out of 1300. And even if they all comply with your opt-out request, it doesn't mean that they'll stop collecting data on you, only that they'll stop serving you targeted ads."
redletterdave writes "After a French civil court ruled on Jan. 24 that Twitter must identify anyone who broke France's hate speech laws, Twitter has since refused to identify the users behind a handful of hateful and anti-Semitic messages, resulting in a $50 million lawsuit. Twitter argues it only needs to comply with U.S. laws and is thus protected by the full scope of the First Amendment and its free speech privileges, but France believes its Internet users should be subject to the country's tighter laws against racist and hateful forms of expression."
Newsubmitter davek writes with news that the U.S. will be applying money-laundering laws to Bitcoin and other 'virtual currencies.' "The move means that firms that issue or exchange the increasingly popular online cash will now be regulated in a similar manner as traditional money-order providers such as Western Union Co. WU +0.17% They would have new bookkeeping requirements and mandatory reporting for transactions of more than $10,000. Moreover, firms that receive legal tender in exchange for online currencies or anyone conducting a transaction on someone else's behalf would be subject to new scrutiny, said proponents of Internet currencies. 'I think it's inevitable that just like you have U.S. dollars used by thieves and criminals, it's sadly inevitable you will have criminals use a virtual currency. We want to work with authorities,' said Jeff Garzik, a Bitcoin developer. Still, law enforcement, regulators and financial institution have expressed worries about the hard-to-trace attributes of virtual currencies, helping trigger this week's move from the Treasury's Financial Crimes Enforcement Network, or FinCen."
coondoggie writes "Researchers at DARPA want to take the science of machine learning — teaching computers to automatically understand data, manage results and surmise insights — up a couple notches. Machine learning, DARPA says, is already at the heart of many cutting edge technologies today, like email spam filters, smartphone personal assistants and self-driving cars. 'Unfortunately, even as the demand for these capabilities is accelerating, every new application requires a Herculean effort. Even a team of specially-trained machine learning experts makes only painfully slow progress due to the lack of tools to build these systems,' DARPA says."
tsamsoniw writes "Hoping to strike a blow against sexism in the tech industry , developer and tech evangelist Adria Richards took to Twitter to complain about two male developers swapping purportedly offensive jokes at PyCon. The decision has set into motion a chain of events that illustrate the impact a tweet or two can make in this age of social networking: One the developers and Richards have since lost their jobs, and even the chair of PyCon has been harassed for his minor role in the incident."
skade88 writes "Ars is reporting that GoPro, the company that makes cameras used in extreme sports such as sky diving and swimming with dolphins has issued a DMCA take down notice on a review at DigitalRev that they do not like. See DMCA notice here. From the article: 'DigitalRev has a blog post up about the takedown, suggesting that most DMCA takedowns are "abusive" in nature. "We hope GoPro is not suggesting, with this DMCA notice, that camera reviews should be done only when they are authorized by the manufacturers," writes DigitalRev. "GoPro (or should we call you Go*ro instead?), we'd be interested to hear what you have to say" about the infringement notice.'"
Nerval's Lobster writes "Cyber-attacks are much in the news lately, thanks to some well-publicized hacks and rising concerns over malware. Many of these attacks are likely backed in some way by governments anxious to seize intellectual property, or simply probe other nations' IT infrastructure. But do nations actually have a right to fire off a bomb or a clip of ammunition at cyber-attackers, especially if a rival government is backing the latter as part of a larger hostile action? Should a military hacker, bored and exhausted from twelve-hour days of building malware, be regarded in the same way as a soldier with a rifle? Back in 2009, the NATO Cooperative Cyber Defence Centre of Excellence (which also exists under the lengthy acronym NATO CCD COE) commissioned a panel of experts to produce a report on the legal underpinnings of cyber-warfare. NATO CCD COE isn't funded by NATO, and nor is it a part of that organization's command-and-control structure—but those experts did issue a nonbinding report (known as "The Tallinn Manual on the International Law Applicable to Cyber Warfare") exploring the ramifications of cyber-attacks, and what targeted nations can do in response. It's an interesting read, and the experts do suggest that, under circumstances, a nation under cyber-attack can respond to the cyber-attackers with "kinetic force," so long as that force is proportional. Do you agree?"
Trepidity writes "The extensive NASA Technical Report Archive was just taken offline, following pressure from members of U.S. Congress, worried that Chinese researchers could be reading the reports. U.S. Representative Frank Wolf (R-VA) demanded that 'NASA should immediately take down all publicly available technical data sources until all documents that have not been subjected to export control review have received such a review,' and NASA appears to have complied. Although all reports are in the public domain, there doesn't appear to be a third-party mirror available (some university libraries do have subsets on microfiche)."
SonicSpike excerpts from CNet's coverage of the latest in the seemingly inevitable path toward consistently applied Internet sales taxes for U.S citizens: "Internet tax supporters are hoping that a vote in the U.S. Senate as early as today will finally give them enough political leverage to require Americans to pay sales taxes when shopping online. Sens. Mike Enzi (R-Wy.) and Dick Durbin (D-Ill.) are expected to offer an amendment to a Democratic budget resolution this week that, by allowing states to 'collect taxes on remote sales,' is intended to usher in the first national Internet sales tax." There goes one of the best ways to vote with your dollars.
psykocrime writes "The crazy kids at Fogbeam Labs have started a discussion about Google and their relationship with the Open Web, and questioning who will step up to defend these principles, even as Google seem to be abdicating their position as such a champion. Some candidates mentioned include Yahoo, IBM, Red Hat, Mozilla, Microsoft and The Wikimedia Foundation, among others. The question is, what organization(s) have both the necessary clout and the required ethical principles, to truly champion the Open Web, in the face of commercial efforts which are clearly inimical to Open Source, Open Standards, Libre Culture and other elements of an Open Web?"
wiredog writes "Microsoft has released a report of all the subpoenas and other requests it got from law enforcement in 2012, and the way it responded to them. This is similar to the Google Transparency Report."
First time accepted submitter danhuby writes "Apple have removed sweatshop-themed game Sweatshop HD by UK developers LittleLoud from their app store citing clause 16.1 — 'Apps that present excessively objectionable or crude content will be rejected.' According to the PocketGamer article, Littleloud's head of games, Simon Parkin, told Pocket Gamer that 'Apple removed Sweatshop from the App Store last month stating that it was uncomfortable selling a game based around the theme of running a sweatshop.'"
jfruh writes "Defense Distributed, a U.S. nonprofit that aims to make plans for guns available owners of 3-D printers, recently received a federal firearms license from the Bureau of Alcohol, Tobacco and Firearms. That license doesn't cover semi-automatic weapons and machine guns, though — and there are questions about whether the legislation that defines that license really apply to the act of giving someone 3-D printing patterns. Experts on all sides of the issue seemed to agree that no clarification of the law would happen until a high-profile crime involving a 3-D printed weapon was committed."
sgroyle (author Simon Royle) writes with an excerpt from an article he wrote about discovering that publisher WHSmith has been adding DRM to books without their authors' permission, and against their intent: "DRM had, without my knowledge, been added to my book. I quickly checked my other books; same thing. Then I checked the books of authors who, because of their vocal and public opposition, I know are against DRM – Konrath, Howey, and Doctorow, to name a few – same result. ALL books on WHSmith have DRM in them. Rather than assume WHSmith where at fault, I checked with my distributor, Draft2Digital. They send my books to Kobo, who in turn send my books to WHSmith. D2D assured me the DRM was not being added by them and were distressed to hear that this was the case. Kobo haven't replied to any of the messages in this thread: 'WHSmith putting DRM in books distributed via Kobo'. I'm not holding my breath." Update: 03/22 21:02 GMT by T : Problem resolved. Hanno Liem of the Kobo team wrote with good news that the DRM notices that were appended were done so in error, and since corrected: "The original site has been updated – it was just a bug on our site, and was resolved within a day I think. We're all slashdot readers here at Kobo Operations, and this is kinda painful :p" Thanks, Hanno.
Hugh Pickens writes writes "After the Watergate scandal taught Richard Nixon the consequences of recording White House conversations, none of his successors has dared to do it. But Nixon wasn't the first. He got the idea from his predecessor Lyndon Johnson, who felt there was an obligation to allow historians to eventually eavesdrop on his presidency. Now David Taylor reports on BBC that the latest set of declassified tapes of President Lyndon Johnson's telephone calls show that by the time of the Presidential election in November 1968, LBJ had evidence that Nixon had sabotaged the Vietnam war peace talks — or, as he put it, that Nixon was guilty of treason and had 'blood on his hands'. It begins in the summer of 1968. Nixon feared a breakthrough at the Paris Peace talks designed to find a negotiated settlement to the Vietnam war that he knew would derail his campaign. Nixon therefore set up a clandestine back-channel to the South Vietnamese involving Anna Chennault, a senior campaign adviser. In late October 1968 there were major concessions from Hanoi which promised to allow meaningful talks to get underway in Paris. This was exactly what Nixon feared. Chennault was dispatched to the South Vietnamese embassy with a clear message: the South Vietnamese government should withdraw from the talks, refuse to deal with Johnson, and if Nixon was elected, they would get a much better deal. Meanwhile the FBI had bugged the ambassador's phone and transcripts of Chennault's calls were sent to the White House. Johnson was told by Defense Secretary Clark Clifford that the interference was illegal and threatened the chance for peace. The president gave Humphrey enough information to sink his opponent but by then, a few days from the election, Humphrey had been told he had closed the gap with Nixon and would win the presidency so Humphrey decided it would be too disruptive to the country to accuse the Republicans of treason, if the Democrats were going to win anyway. In the end Nixon won by less than 1% of the popular vote, escalated the war into Laos and Cambodia with the loss of an additional 22,000 American lives, and finally settled for a peace agreement in 1973 that was within grasp in 1968."
jrepin writes "There's a new front in the battle against digital restrictions management (DRM)technologies. These technologies, which supposedly exist to enforce copyright, have never done anything to get creative people paid. Instead, by design or by accident, their real effect is to interfere with innovation, fair use, competition, interoperability, and our right to own things. That's why we were appalled to learn that there is a proposal currently before the World Wide Web Consortium's HTML5 Working Group to build DRM into the next generation of core Web standards. The proposal is called Encrypted Media Extensions, or EME. Its adoption would be a calamitous development, and must be stopped."
An anonymous reader writes "According to a report at The Daily Beast, the Obama administration has decided to give the drone program to the Pentagon, taking it away from the CIA. This could lead to increased transparency for the program and stricter requirements for drone strikes. From the article: 'Officials anticipate a phased-in transition in which the CIA’s drone operations would be gradually shifted over to the military, a process that could take as little as a year. Others say it might take longer but would occur during President Obama’s second term. “You can’t just flip a switch, but it’s on a reasonably fast track,” says one U.S. official. During that time, CIA and DOD operators would begin to work more closely together to ensure a smooth hand-off. The CIA would remain involved in lethal targeting, at least on the intelligence side, but would not actually control the unmanned aerial vehicles. Officials told The Daily Beast that a potential downside of the agency’s relinquishing control of the program was the loss of a decade of expertise that the CIA has developed since it has been prosecuting its war in Pakistan and beyond. At least for a period of transition, CIA operators would likely work alongside their military counterparts to target suspected terrorists.'"
judgecorp writes "A new manual for cyber war has been compiled by international legal experts and published by NATO. The manual proposes that hospitals and dams should be off-limits for online warfare, and says that a conventional response is justified if an attack causes death or serious damage to property. The manual might get its first practical application today — South Korea's TV stations and banks have come under an attack which may well originate from North Korea."
An anonymous reader writes "I'm an indie developer about to release a small ($5 — $10 range) utility for graphic designers. I'd like to employ at least a basic deterrent to pirates, but with the recent SimCity disaster, I'm wondering: what is a reasonable way to deter piracy without ruining things for legitimate users? A simple serial number? Online activation? Encrypted binaries? Please share your thoughts."
coondoggie writes "Commercial grade green and red laser pointers emit energy far beyond what is safe, posing skin, eye and fire hazards. That was the conclusion of a National Institute of Standards and Technology study on the properties of handheld lasers. The study tested 122 of the devices and found that nearly 90% of green pointers and about 44% of red pointers tested were out of federal safety regulation compliance."
c0lo writes "U.S. federal authorities are examining Microsoft's involvement with companies and individuals that allegedly paid bribes to overseas government officials in exchange for business. The United States Department of Justice and the Securities and Exchange Commission have both opened preliminary investigations into the bribery allegations involving Microsoft in China, Italy and Romania. The China allegations were first shared with United States officials last year by an unnamed whistle-blower who had worked with Microsoft in the country, according to the person briefed on the inquiry. The whistle-blower said that a Microsoft official in China directed the whistle-blower to pay bribes to government officials to win business deals. U.S. government investigators are also reviewing whether Microsoft had a role in allegations that resellers offered bribes to secure software deals with Romania's Ministry of Communications. In Italy, Microsoft's dealings with consultants that specialize in customer-loyalty programs are under scrutiny, with allegations that Microsoft's Italian unit used such consultants as vehicles for lavishing gifts and trips on Italian procurement officials in exchange for government business. In a blog post Tuesday afternoon, John Frank, a vice president and deputy general counsel at Microsoft, said the company could not comment about continuing investigations. Mr. Frank said it was not uncommon for such government reviews to find that the claims were without merit. Somehow, given the way OOXML became a standard, it wouldn't surprise me if it were an actual fire that caused this smoke."
cylonlover writes with news that another police department has received authorization to start using drones for tasks like "...photographing crime scenes and searching for missing people." From the article: "The police department in Arlington can now use new tools in support of public safety over the Texas urban community — two small helicopter Unmanned Aerial Vehicles. The FAA has granted permission for the Arlington police to fly these unmanned aircraft under certain circumstances: they must fly under 400 feet, only in the daytime, be in sight of the operator and a safety observer, and be in contact with the control tower at the nearby Dallas-Fort Worth airport — one of the busiest in the country." They're using a Leptron Avenger, which "has been designed with military grade features" but don't worry, "police are quick to emphasize that the 4- to 5-foot-long aircraft aren’t the same as military drones."
concealment sends this quote from an article about evading internet censorship with the sneakernet: "Dissident Cuban blogger Yoani Sanchez on Saturday told newspaper publishers from around the Western Hemisphere that 'nothing is changing' in Cuba’s ossified political system and that 'the situation of press freedom in my country is calamitous.' But Sanchez said underground blogs, digital portals and illicit e-magazines proliferate, passed around on removable computer drives known as memory sticks. The small computer memories, also known as flash drives or thumb drives, are dropped into friendly hands on buses and along street corners, offering a surprising number of Cubans access to information. 'Information circulates hand to hand through this wonderful gadget known as the memory stick,' Sanchez said, 'and it is difficult for the government to intercept them. I can't imagine that they can put a police officer on every corner to see who has a flash drive and who doesn't.'"
An anonymous reader writes "The Charleston Gazette is reporting that the state of West Virginia hired a consulting firm for over $100,000 to investigate the state's use of Federal stimulus money (which included the purchase of $22,000 routers for tiny buildings). Unfortunately, the state government is now refusing a FOIA request to release the firm's report. The reason? The findings 'might be embarrassing to some people,' according to Commerce Secretary Keith Burdette."
Velcroman1 writes "The Children's Online Privacy Protection Act (COPPA) was enacted in 1998. In 2011, the FTC beefed up the measure, preventing sites from collecting personal information from kids such as name, location and date of birth without a parent's consent. This July, new amendments for kids under 13 will go into effect, approved by the FTC in December. The rules are targeted at sites that market specifically to kids. However, even a site like Facebook could be fined for allowing minors to post self-portraits, audio recordings of their voice, and images with geo-location data. There are also new restrictions on tracking data, with cookies or a unique identifier that follow registrants from one site to another."
Jeremy Allison - Sam writes "Ian Hickson, author and maintainer of the HTML5 specification, comments about the real reasons for DRM. They're not what you might think. Ian nails it in my opinion. He wrote, 'The purpose of DRM is not to prevent copyright violations. The purpose of DRM is to give content providers leverage against creators of playback devices. Content providers have leverage against content distributors, because distributors can't legally distribute copyrighted content without the permission of the content's creators. But if that was the only leverage content producers had, what would happen is that users would obtain their content from those content distributors, and then use third-party content playback systems to read it, letting them do so in whatever manner they wanted. ... Arguing that DRM doesn't work is, it turns out, missing the point. DRM is working really well in the video and book space. Sure, the DRM systems have all been broken, but that doesn't matter to the DRM proponents. Licensed DVD players still enforce the restrictions. Mass market providers can't create unlicensed DVD players, so they remain a black or gray market curiosity."
r5r5 writes "European Commission's Institute for Prospective Technological Studies has published a study which concludes that the impact of piracy on the legal sale of music is virtually nonexistent or even slightly positive. The study's results suggest that Internet users do not view illegal downloading as a substitute for legal digital music and that a 10% increase in clicks on illegal downloading websites leads to a 0.2% increase in clicks on legal purchase websites. Online music streaming services are found to have a somewhat larger (but still small) effect on the purchases of digital sound recordings, suggesting a complementary relationship between these two modes of music consumption. According to the results, a 10% increase in clicks on legal streaming websites leads to up to a 0.7% increase in clicks on legal digital purchase websites." It's worth noting that this study only measured the effect of piracy on online purchases, not on revenue from physical formats.
Diamonddavej writes "The Guardian warns that Bloggers in the U.K. could face costly fines for libel with exemplary damages imposed if they do not sign up with a new press regulator under legislation (Clause 21A — Awards of exemplary damages) recommended by The Leveson Inquiry into press behavior and ethics. Kirsty Hughes, the chief executive of Index on Censorship, said this a 'sad day' for British democracy. 'This will undoubtedly have a chilling effect on everyday people's web use.' Exemplary damages, imposed by a court to penalize publishers who remain outside regulation, could run into hundreds of thousands of pounds, easily enough to close down smaller publishers such as Private Eye and local newspapers. Harry Cole, who contributes to the Guido Fawkes blog says he does not want to join a regulator, he hopes his blog will remain as irreverent and rude as ever, and continue to hold public officials to account; its servers are located in the U.S. Members of Parliament voted on Clause 21A late last night, it passed 530 to 13."
langelgjm writes "In a closely-watched case, the U.S. Supreme Court today vindicated the first-sale doctrine, declaring that it "applies to copies of a copyrighted work lawfully made abroad." The case involved a Thai graduate student in the U.S. who sold cheap foreign versions of textbooks on eBay without the publisher's permission. The 6-3 decision has important implications for goods sold online and in discount stores. Justice Stephen Breyer said in his opinion (PDF) that the publisher lost any ability to control what happens to its books after their first sale abroad."
theodp writes "The Boston Globe reports that the estate of Aaron Swartz filed a motion in federal court in Boston Friday to allow the release of documents in the case that has generated national controversy over the U.S. attorney's aggressive pursuit of a stiff sentence. The Court filing (PDF) suggests that the U.S. attorney's office is still up for jerking Aaron around a little posthumously, seeking what his lawyers termed overbroad redactions, including names and titles that are already publicly known. Swartz's family also seeks the return of his seized property (PDF). Last week, Swartz's girlfriend accused MIT of dragging its feet on investigating his suicide. Meanwhile, Slate's Justin Peters asks if the Justice Department learned anything from the Aaron Swartz case, noting that Matthew Keys, who faces 25 years in prison for crimes that include aiding-and-abetting the display of humorously false content, could replace Swartz as the poster boy for prosecutorial overreach."
sarysa writes "The Supreme Court has refused to hear the latest appeal of the 7 year old Jammie Thomas case, regarding a single mother who was fined $222,000 in her most recent appeal for illegally sharing 24 songs. Those of us hoping for an Eighth Amendment battle over this issue will not be seeing it anytime soon. In spite of the harsh penalties, the journalist suggests that: 'Still, the RIAA is sensitive about how it looks if they impoverish a woman of modest means. Look for them to ask her for far less than the $222,000.'"
rcade writes "Jeff Dee and Jack Herman, the creators of the old-school super-hero roleplaying game Villains & Vigilantes, have won a copyright and trademark lawsuit over the game's publisher Scott Bizar of Fantasy Games Unlimited. Magistrate Judge Mark E. Aspey of the U.S. District Court of Arizona ruled that Jeff Dee and Jack Herman own the rights to the game based on the 1979 contract they reached with Bizar. The court also found that Bizar never had the right to sell derivative products or ebook PDF editions, which are a big deal to tabletop publishers these days. Too bad this judge didn't hear Jerry Siegel and Joe Shuster's case."
In 2010, querying a public AT&T database yielded over 114,000 email address for iPad owners who were subscribed to the carrier. One of the people who found these emails, Andrew 'weev' Auernheimer, sent them to a news site to publicize AT&T's security flaw. He later ended up in court for his actions. Auernheimer was found guilty, and today he was sentenced to 41 months in prison. 'Following his release from prison, Auernheimer will be subject to three years of supervised release. Auernheimer and co-defendant Daniel Spitler were also ordered to pay $73,000 in restitution to AT&T. (Spitler pled guilty in 2011.) The pre-sentencing report prepared by prosecutors recommended four years in federal prison for Auernheimer.' A journalist watching the sentencing said, 'I felt like I was watching a witch trial as prosecutors admitted they didn't understand computers.'
An anonymous reader writes "When cell phone unlocking became illegal last month, it set off a firestorm of debate over what rights people should have for phones they have legally purchased. But this is really just one facet of a much larger problem with property rights in general. 'Silicon permeates and powers almost everything we own. This is a property rights issue, and current copyright law gets it backwards, turning regular people — like students, researchers, and small business owners — into criminals. Fortune 500 telecom manufacturer Avaya, for example, is known for suing service companies, accusing them of violating copyright for simply using a password to log in to their phone systems. That's right: typing in a password is considered "reproducing copyrighted material." Manufacturers have systematically used copyright in this manner over the past 20 years to limit our access to information. Technology has moved too fast for copyright laws to keep pace, so corporations have been exploiting the lag to create information monopolies at our expense and for their profit. After years of extensions and so-called improvements, copyright has turned Mickey Mouse into a monster who can never die.' We need to win the fight for unlocking phones, and then keep pushing until we actually own the objects we own again."
iComp writes "A sophisticated scheme to use a casino's own security systems against it has netted scammers $33 million in a high-stakes poker game after they were able to gain a crucial advantage by seeing the opposition's cards. The team used a high-rolling accomplice from overseas who was known to spend large amounts while gambling at Australia's biggest casino, the Crown in Melbourne, according to the Herald Sun. He and his family checked into the Crown and were accommodated in one of its $30,000-a-night villas. The player then joined a private high-stakes poker game in a private suite. At the same time, an unnamed person got access to the casino's CCTV systems in the poker room and fed the information he gleaned back to the player via a wireless link. Over the course of eight hands the team fleeced the opposition to the tune of $33 million."
dstates writes "SAM (Systems for Awards Management) is a financial management system that the US government requires all contractors and grantees to use. This system has recently been rolled out to replace the older CCR system. Friday night, thousands of SAM users received the following message: 'Dear SAM user, The General Services Administration (GSA) recently has identified a security vulnerability in the System for Award Management (SAM), which is part of the cross-government Integrated Award Environment (IAE) managed by GSA. Registered SAM users with entity administrator rights and delegated entity registration rights had the ability to view any entity's registration information, including both public and non-public data at all sensitivity levels.' From March 8 to 10, any registered user who searched the system could view confidential information including account and social security numbers for any other user of the system. Oops! The Government Services Administration says that they have fixed the problem."
NewYorkCountryLawyer writes "Veoh has once again beaten the record companies; in fact it has beaten them in every round, only to have been forced out of business by the attorneys fees it expended to do so. I guess that's the record companies' strategy to do an 'end around' the clear wording of the DMCA 'safe harbor': outspend them until they fold. Back in 2009 the lower court dismissed UMG's case (PDF) on the ground that Veoh was covered by the DMCA 'safe harbor' and had complied with takedown notices. The record companies of course appealed. And they of course lost. Then, after the Viacom v. YouTube decision by the 2nd Circuit, which ruled that there were factual issues as to some of the videos, they moved for rehearing in UMG v. Veoh. Now, in a 61-page decision (PDF), the 9th Circuit has once again ruled that the statute means what it says, and rejected each and every argument the record companies made. Sadly, though, it did not award attorneys fees."
An anonymous reader writes "Bruce Schneier has written a blunt article in CNN about the state of privacy on the internet. Quoting: 'The Internet is a surveillance state. Whether we admit it to ourselves or not, and whether we like it or not, we're being tracked all the time. Google tracks us, both on its pages and on other pages it has access to. Facebook does the same; it even tracks non-Facebook users. Apple tracks us on our iPhones and iPads. One reporter used a tool called Collusion to track who was tracking him; 105 companies tracked his Internet use during one 36-hour period. ... This is ubiquitous surveillance: All of us being watched, all the time, and that data being stored forever. This is what a surveillance state looks like, and it's efficient beyond the wildest dreams of George Orwell. Sure, we can take measures to prevent this. We can limit what we search on Google from our iPhones, and instead use computer web browsers that allow us to delete cookies. We can use an alias on Facebook. We can turn our cell phones off and spend cash. But increasingly, none of it matters. There are simply too many ways to be tracked."
An anonymous reader writes "The Obama Administration has put forth a proposal to collect $2 billion over the next 10 years from revenues generated by oil and gas development to fund scientific research into clean energy technologies. The administration hopes the research would help 'protect American families from spikes in gas prices and allow us to run our cars and trucks on electricity or homegrown fuels.' In a speech at Argonne National Laboratory, Obama said the private sector couldn't afford such research, which puts the onus on government to keep it going. Of course, it'll still be difficult to get everyone on board: 'The notion of funding alternative energy research with fossil fuel revenues has been endorsed in different forms by Republican politicians, including Alaskan senator Lisa Murkowsi. But the president still faces an uphill battle passing any major energy law, given how politicized programs to promote clean energy have become in the wake of high-profile failures of government-backed companies.'"
An anonymous reader writes "ComputerWeekly reports that the U.K. government 'has, for the first time, mandated a preference for using open source software for future developments.' This comes from the newly released version of the Government Service Design Manual, which has a section about when government agencies should use open source. It says: 'Use open source software in preference to proprietary or closed source alternatives, in particular for operating systems, networking software, web servers, databases and programming languages.' The document also warns against vendor lock-in. This policy shift comes under the direction of government CTO Liam Maxwell, who said, 'In digital public services, open source software is clearly the way forward.' He added, 'We're not dogmatic about this – we'll always use the best tool for the job – but open source has major advantages for the public sector.'"