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The Courts

Parents Not Liable For Their Son's Illegal Music Sharing, Says German Court 207

Posted by Soulskill
from the but-god-help-them-if-he-illegally-shares-bratwurst dept.
An anonymous reader sends this quote from an IDG News report: "A German couple are not liable for the filesharing activities of their 13-year old son because they told him unauthorized downloading and sharing of copyrighted material was illegal, and they were not aware the boy violated this prohibition, the German Federal Court of Justice ruled on Thursday. ... The ruling of the Federal Court of Justice reversed a ruling of the higher regional court of Cologne, which found the parents were liable for the illegal filesharing because they failed to fulfill their parental supervision. That court said the parents could have installed a firewall on their son's computer as well as a security program that would have made it possible to only allow the child to install software with the consent of his parents. Besides that, the parents could have checked their son's PC once a month, and then the parents would have spotted the Bearshare icon on the computers' desktop, according to the Cologne court. 'The Federal Court overturned the decision of the Appeal Court and dismissed it,' the court said."
Crime

Crooks Steal $1.5M In iPads From JFK 144

Posted by samzenpus
from the poof-they're-gone dept.
alphadogg writes "A pair of brazen crooks punched another hole in the lax JFK security when they stole a trove of new Apple iPad minis — worth $1.5 million — from the same cargo building that was the site of the 1978 Lufthansa heist featured in GoodFellas, according to the New York Post. The crooks struck shortly before midnight on Monday and used one of the airport's own forklifts to load two pallets of the tablet computers into a truck, according to law-enforcement sources. It's been a crazy year for iPad/iPhone thefts in New York City and elsewhere."
Government

House Subcommittee Holds Hearing On TSA's "Scanner Shuffle" 134

Posted by samzenpus
from the who's-to-blame dept.
OverTheGeicoE writes "The Homeland Security Subcommittee on Transportation Security held a hearing on TSA's recent decision to move X-ray body scanners from major airports to smaller ones, which the subcommittee refers to as a 'Scanner Shuffle.' John Sanders, TSA's assistant administrator for security capabilities, testified that 91 scanners recently removed from major airports were now in storage due to 'privacy concerns.' Although TSA originally planned to relocate the scanners to smaller airports, those plans have been shelved because smaller airports don't have room for them. The subcommitteee is also investigating allegations that the machines' manufacturer, Rapiscan, 'may have falsified tests of software intended to stop the machines from recording graphic images of travelers' (VIDEO). Coincidentally, shares of Rapiscan's parent company, OSI Systems Inc., dropped in value almost 25% today, its biggest intraday decline in about 12 years. If wrongdoing is proven, Rapiscan could face fines, prison terms and a ban on government contracting, according to a former head of federal procurement."
Businesses

Amazon Payment Adds "No Class Action" Language To Terms of Service 147

Posted by timothy
from the you've-been-served dept.
wbr1 writes "I just received an email from Amazon Payments, the Amazon competitor to PayPal, stating among other things, that they were changing and simplifying their policies. It should be no surprise then, that similar to what PayPal and many others have already done, they have added language removing the right to class action lawsuits. See specifically section 11.3 (edited for brevity): '1.3 Disputes. Any dispute or claim relating in any way to your visit to the Site or Seller Central or to products or services sold or distributed by us or through the Site or Seller Central (including without limitation the Service) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement... ... You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. You and we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.' This is becoming more and more common, and while the end user normally doesn't make out well in a class-action suit, large settlements do provide a punishment and deterrent to corporations that abuse their power. The question becomes, what do we do to fix this so that consumers are truly protected?"
Software

The First Amendment and Software Speech 194

Posted by timothy
from the hello-world-vs-the-state dept.
First time accepted submitter stanlrev writes "When is software, or content generated by software, 'speech' for First Amendment purposes? That is the question that Andrew Tutt seeks to answer in an article published today in the Stanford Law Review Online. He argues that the two approaches commentators and the Supreme Court have proposed are both incorrect. Software or software-generated content is not always speech simply because it conveys information. Nor is software only speech when it resembles traditional art forms. Instead, the courts should turn to the original purposes of the First Amendment to develop a new approach that answers this question more effectively."
Censorship

In UK, Twitter, Facebook Rants Land Some In Jail 233

Posted by timothy
from the greater-good dept.
concealment writes with this excerpt from an Associated Press story, as carried by the Houston Chronicle:"In Britain, hundreds of people are prosecuted each year for posts, tweets, texts and emails deemed menacing, indecent, offensive or obscene, and the number is growing as our online lives expand. 'Fifty years ago someone would have made a really offensive comment in a public space and it would have been heard by relatively few people,' said Mike Harris of free-speech group Index on Censorship. People take it upon themselves to report this offensive material to police, and suddenly you've got the criminalization of offensive speech. Figures obtained by The Associated Press through a freedom of information request show a steadily rising tally of prosecutions in Britain for electronic communications — phone calls, emails and social media posts — that are grossly offensive or of an indecent, obscene or menacing character — from 1,263 in 2009 to 1,843 in 2011. Justice Igor Judge said in his judgment that the law should not prevent 'satirical or iconoclastic or rude comment, the expression of unpopular or unfashionable opinion about serious or trivial matters, banter or humor, even if distasteful to some or painful to those subjected to it.'"
NASA

NASA To Encrypt All of Its Laptops 226

Posted by timothy
from the violators-will-be-employed-with-social-security dept.
pev writes "After losing another laptop containing personal information, NASA wants to have all of its laptops encrypted within a month's time with an intermediate ban on laptops containing sensitive information leaving its facilities. Between April 2009 and April 2011 it lost or had stolen 48 'mobile computing devices.' I wonder how long it will be before other large organizations start following suit as a sensible precaution?"
Software

US Air Force Scraps ERP Project After $1 Billion Spent 362

Posted by samzenpus
from the on-second-thought dept.
angry tapir writes "The U.S. Air Force has decided to scrap a major ERP (enterprise resource planning) software project after spending $1 billion, concluding that finishing it would cost far too much more money for too little gain. Dubbed the Expeditionary Combat Support System (ECSS), the project has racked up $1.03 billion in costs since 2005, 'and has not yielded any significant military capability,' an Air Force spokesman said in a statement. 'We estimate it would require an additional $1.1B for about a quarter of the original scope to continue and fielding would not be until 2020. The Air Force has concluded the ECSS program is no longer a viable option for meeting the FY17 Financial Improvement and Audit Readiness (FIAR) statutory requirement. Therefore, we are canceling the program and moving forward with other options in order to meet both requirements.'"
Crime

Salt Lake City Police To Wear Camera Glasses 307

Posted by Soulskill
from the to-protect-and-record dept.
Psychotic_Wrath writes "The Salt Lake Police department will be much more transparent with their law enforcement. A program is being rolled out to require officers wear glasses equipped with a camera to record what they see. Of course, there are several officers opposed to this idea, who will resist the change. One of the biggest shockers to me is that the police chief is in strong support of this measure: 'If Chief Burbank gets his way, these tiny, weightless cameras will soon be on every police officer in the state.' With all the opposition of police officers being recorded by citizens that we are seeing throughout the country, it is quite a surprise that they would make a move like this. The officers would wear them when they are investigating crime scenes, serving warrants, and during patrols. Suddenly Utah isn't looking like such a bad place to be. Now we just need to hope other states and departments would follow suit. It sure will be nice when there is video evidence to show the real story."
Android

Samsung Accuses Foreman Hogan of Misrepresentation 208

Posted by Unknown Lamer
from the couldn't-keep-quiet dept.
sfcrazy writes "Samsung is clearly accusing Hogan in its recent filing of influencing the jury in favor of Apple. Samsung said in its filing: 'Mr. Hogan's own statements to the media suffice if such a showing is required. Once inside the jury room, Mr. Hogan acted as a "de facto technical expert" who touted his high-tech experience to bring the divided jury together. Contrary to this Court's instructions, he told other jurors incorrectly that an accused device infringes a utility patent unless it is "entirely different"; that a prior art reference could not be invalidating unless that reference was "interchangeable"; and that invalidating prior art must be currently in use. He thus failed "to listen to the evidence, not to consider extrinsic facts, [and] to follow the judge's instructions."'"
Google

Motorola Wants 2.25% of Microsoft's Surface Revenue 278

Posted by Soulskill
from the just-scratching-the-surface dept.
An anonymous reader writes "On the opening day of a patent trial between Microsoft and Google-owned Motorola Mobility, Motorola filed a brief (PDF) arguing that the WiFi tech central to the case is also critical to Microsoft's new Surface tablet. Motorola says royalties totaling 2.25% of all Surface revenues is a good starting point. They wrote, 'Microsoft's new Surface tablet will use only 802.11, instead of cellular or wired connections, to connect to the internet. Without 802.11 capability, the Surface tablet would be unable to compete in the market, because consumers can readily select tablet devices other than the Surface that have 802.11 capability.' Microsoft, of course, says this figure is outrageous, given 'Motorola's promise to standards bodies to offer access to the "standard essential" patents on fair and reasonable terms.'"
Piracy

App Auto-Tweets False Piracy Accusations 231

Posted by Soulskill
from the i'm-spartacus dept.
An anonymous reader writes "Certain iPhone and iPad applications from a Japanese company have broken software piracy detection mechanisms that are sending out tweets on the user's own Twitter account, saying, 'How about we all stop using pirated iOS apps? I promise to stop. I really will. #softwarepirateconfession.' The trouble is, it's sending these out on accounts of users who actually paid up to $50 or more for the software and who are legally using it. The app is asking for access to users' Twitter accounts, but does not give the reason why it is asking, so the author of the article concluded (rightly) that things were being done deliberately. Would you want your legally purchased software to send out messages to all of your contacts on Twitter or on other social networks saying that you were a software pirate? Would you excuse the writers of the software if it was just an error in their piracy detection measures?"
Google

Government Surveillance Growing, According To Google 105

Posted by Soulskill
from the your-computer-is-broadcasting-an-ip-address-to-the-cia dept.
SternisheFan writes with news that Google has updated is Transparency Report for the sixth time, and the big takeaway this time around is a significant increase in government surveillance. From the article: "In a blog post, Google senior policy analyst Dorothy Chou says, ' [G]overnment demands for user data have increased steadily since we first launched the Transparency Report.' In the first half of 2012, the period covered in the report, Chou says there were 20,938 inquiries from government organizations for information about 34,614 Google-related accounts. Google has a long history of pushing back against governmental demands for data, going back at least to its refusal to turn over search data to the Department of Justice in 2005. Many other companies have chosen to cooperate with government requests rather than question or oppose them, but Chou notes that in the past year, companies like Dropbox, LinkedIn, Sonic.net and Twitter have begun making government information requests public, to inform the discussion about Internet freedom and its limits. According to the report, the U.S. continues to make the most requests for user data, 7,969 in the first six months of the year. Google complied with 90% of these requests. Google's average compliance rate for the 31 countries listed in the report is about 47%."
Crime

In Mississippi: 15-Year Jail Sentence For Selling Pirated Movies and Music 339

Posted by Soulskill
from the caught-violently-assaulting-copyright dept.
New submitter patella.whack writes "A guilty plea for six counts of selling counterfeit media gets a defendant 15 years in Mississippi. An undercover reporter from the Attorney General's Intellectual Property Theft Task Force managed to buy a total of five copied movies and one music CD from the defendant, who had 10,500 pirated discs at home and two prior convictions: one for assaulting a police officer 17 years ago and one for CD piracy that got him a year under house arrest. Says the RIAA: '[This] highlights the fact that the individuals engaging in these activities are frequently serial criminals for whom IP theft is simply the most convenient and profitable way they could steal from others.' Frequently serial criminals? 15 years? I wonder how much of his sentence can be attributed to his priors rather than to other factors."
Privacy

Petraeus Case Illustrates FBI Authority To Read Email 228

Posted by timothy
from the man-vs-state dept.
An anonymous reader writes "Back in April, we discussed how the 1986 Electronic Communications Privacy Act says email that has resided on a server for more than six months can be considered abandoned. The recent investigation of General Petraeus brings this issue to light again, and perhaps to a broader audience. Under current U.S. law, federal authorities need only a subpoena approved by a federal prosecutor — not a judge — to obtain electronic messages that are six months old or older. Do you know anyone these days who doesn't have IMAP accounts with 6+-month-old mail on them?"

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