Dupple writes with this quote from a Reuters report: "Hewlett-Packard Co told a judge on Tuesday that Oracle Corp should be ordered to make its software available on HP's Itanium-based servers for as long as HP sells them. Lawyers for HP and Oracle presented closing arguments in a California state court for the first phase in a bitter lawsuit between the two tech giants. ... Oracle decided to stop developing software for use with Itanium last year, saying Intel made it clear that the chip was nearing the end of its life and was shifting its focus to its x86 microprocessor. But HP said it had an agreement with Oracle that support for Itanium would continue, without which the equipment using the chip would become obsolete. HP said that commitment was affirmed when it settled a lawsuit over Oracle's hiring of ousted HP chief executive Mark Hurd. HP seeks up to $4 billion in damages."
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New submitter DeeEff writes "The first report in the University of California, Berkeley Law School's quarterly Web Privacy Census was released on Tuesday, and it shows that popular Web sites are far more aggressive in their consumer tracking practices than most people suspect, and that consumers are trapped in an escalating privacy crisis with limited control over their personal information. Most interestingly noted in the article is that twice the amount of sites are using HTML5 storage as opposed to last year, while Flash Cookies are dying down, as we should expect. It also appears that third-party tracking seems to dominate most sites, such as from Google, Facebook, and other large players."
bzzfzz writes "In a case with parallels to the Diebold Voting Machine fiasco, Minnesota's Supreme Court upheld the reliability of the Intoxilyzer 5000EN breath testing machine on a narrow 4-3 vote. Source code analysis during the six-year legal battle revealed a number of bugs that could potentially affect test results. Several thousand DUI cases that were waiting on the results of this appeal will now proceed. The ruling is one in a series of DUI-related court victories for police and prosecutors. Other recent cases upheld a conviction of a person with no evidence that the vehicle had been driven and convictions based solely on urine samples that may only show impairment hours before driving. The Intoxilyzer 5000EN is now considered obsolete, and replacement devices are being rolled out, with the last jurisdictions in the state scheduled to retire their 5000ENs by the end of the year."
tekgoblin writes with an excerpt from TekGoblin: "The founders of The Pirate Bay have been hit with a bunch of punishments and other measures to prevent them from continuing. However Fredrik Neij was just fined by the Stockholm District court another 500,000 Swedish kronor ($70,690 US). Fredrik Neij and Gorrfrid Scatholm both had been banned from operating the site but Neij had been recently found still involved with the site. Neij already owes around 10.6 million."
tsu doh nimh writes in with news of a major sting operation against carders. From the article: "The U.S. Justice Department today unveiled the results of a two-year international cybercrime sting that culminated in the arrest of 26 people accused of trafficking in hundreds of thousands of stolen credit and debit card accounts. Among those arrested was an alleged core member of 'UGNazi,' a malicious hacking group that has claimed responsibility for a flood of recent attacks on Internet businesses." The trick: the FBI ran a carding forum as a honeypot.
New submitter Bismillah writes "This piece of research from Boston University seems to put an end to claims that patent trolling is 'socially valuable,' and instead is a social loss. 'We estimate that firms accrued $29 billion of direct costs in 2011. Moreover, although large firms accrued over half of direct costs, most of the defendants were small or medium-sized firms, indicating that [non-practicing entities] are not just a problem for large firms.' The total cost to society could be around $80 billion, according to the researchers. What's more, the costs have gone up fourfold since 2005."
stevegee58 writes "In a sudden outbreak of common sense, Rhode Island repealed an obscure law enacted in 1989 that made it a crime to lie in online postings. Violations of this law carried a maximum penalty of $500 and up to a year in prison. From the article: '"This law made virtually the entire population of Rhode Island a criminal," said Steven Brown, executive director of the Rhode Island American Civil Liberties Union. "When this bill was enacted nobody had any idea what its ramifications were. Telling fibs may be wrong, but it shouldn't be criminal activity." The law aimed to stop fraud, con artists and scammers, but also outlawed the "transmission of false data" regardless of whether liars stood to profit from their deception or not.'"
Twisted64 writes "Australia's largest telco, Telstra, has been frightening users of its mobile data services for the last week. Logging revealed that HTTP requests from a mobile device on Telstra's network were duplicated with a request from another server, located in Chicago. Eyebrows were raised on the Whirlpool forums, with fears that Telstra was giving up Australian browsing data to a U.S. company and therefore the U.S. government. Following a well-worded letter, Telstra revealed today that the reason for this behavior is that the company is preparing an opt-in web filter. Personally, while the idea of my browsing data being logged anywhere does not fill me with joy, the idea of the U.S. government having access to it (randomized or not) is probably going to be enough to make me switch to an inferior carrier once my current plan ends."
Bill Dimm writes "Apple scores a win against Samsung over a design patent. U.S. District Judge Lucy Koh issued a ruling granting Apple's request for a preliminary injunction preventing Samsung from selling its Galaxy Tab 10.1 in the United States. She wrote, 'Although Samsung has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products. ... While Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to directly compete with Samsung’s infringing products outweighs Samsung’s harm in light of the previous findings by the Court."
Shivetya writes "Last year Netflix was sued by the National Association for the Deaf for failing to provide closed captioned text through its on-demand streaming service. Now, a judge has denied Netflix's attempt to have the suit thrown out, saying that the Americans with Disabilities Act prohibits discrimination in any venue — not just physical structures. The easiest means to comply would be to remove all videos which do not have a closed captioning component, the other route would require Netflix to pay to have this done to any video it wants to provide. The implications to other providers is immense as well. The plaintiffs will still need to prove that Netflix is legally obligated to provide closed-captioning, but the ruling is still significant for recognizing that Internet sites may fall under the purview of the Americans with Disabilities Act."
Dupple tips a story at Techdirt about comments from EU commissioner Karel De Gucht, who made some discouraging remarks to the EU International Trade committee about the opposition to ACTA: "If you decide for a negative vote before the European Court rules, let me tell you that the Commission will nonetheless continue to pursue the current procedure before the Court, as we are entitled to do. A negative vote will not stop the proceedings before the Court of Justice. ... If the Court questions the conformity of the agreement with the Treaties we will assess at that stage how this can be addressed." De Gucht also spoke about proposing clarifications to ACTA if Parliament declined to ratify it, which, as Techdirt points out, doesn't make much sense: "Remember that ACTA is now signed, and cannot be altered; so De Gucht is instead trying to fob off European politicians with this vague idea of 'clarifications' — as if more vagueness could somehow rectify the underlying problems of an already dangerously-vague treaty."
gollum123 sends this excerpt from the NY Times: "Arguing against immigration policies that force foreign-born innovators to leave the United States, a new study (PDF) to be released on Tuesday shows that immigrants played a role in more than three out of four patents at the nation's top research universities. Conducted by the Partnership for a New American Economy, a nonprofit group co-founded by Mayor Michael Bloomberg of New York, the study notes that nearly all the patents were in science, technology, engineering and math, the so-called STEM fields that are a crucial driver of job growth. ... The Partnership for a New American Economy released a paper in May saying that other nations were aggressively courting highly skilled citizens who had settled in the United States, urging them to return to their home countries. The partnership supports legislation that would make it easier for foreign-born STEM graduates and entrepreneurs to stay in the United States. ... The study notes that nine out of 10 patents at the University of Illinois system in 2011 had at least one foreign-born inventor. Of those, 64 percent had a foreign inventor who was not yet a professor but rather a student, researcher or postdoctoral fellow, a group more likely to face immigration problems."
Sparrowvsrevolution writes "Free software lawyer and activist Eben Moglen plans to give a talk at the Hackers On Planet Earth conference in New York next month on the need to apply Isaac Asimov's laws of robotics to our personal devices like smartphones. Here's a preview: 'In [1960s] science fiction, visionaries perceived that in the middle of the first quarter of the 21st century, we'd be living contemporarily with robots. They were correct. We do. We carry them everywhere we go. They see everything, they're aware of our position, our relationship to other human beings and other robots, they mediate an information stream about us, which allows other people to predict and know our conduct and intentions and capabilities better than we can predict them ourselves. But we grew up imagining that these robots would have, incorporated in their design, a set of principles. We imagined that robots would be designed so that they could never hurt a human being. These robots have no such commitments. These robots hurt us every day. They work for other people. They're designed, built and managed to provide leverage and control to people other than their owners. Unless we retrofit the first law of robotics onto them immediately, we're cooked.'"
judgecorp writes "UK regulator Ofcom has published details of plans to disconnect illegal file-sharers. It is the 'three strikes' policy which ISPs unsuccessfully appealed against, and it requires ISPs to keep a list of persistent copyright infringers (identified, as usual, by their IP address). ISPs will have to send monthly warning letters to those who infringe above a certain threshold. If a user gets three letters within a single year, the ISP must hand anonymised details to the copyright owner, who can apply for a court order to obtain the infringer's identity (or at least, an identity associated with that IP address)."
Regular contributor Bennett Haselton writes "As Google releases more data about their compliance with requests from foreign governments, they should clarify their stance on exactly when they will comply with requests to turn over user data to foreign law enforcement." Bennett expands on that thought below; read on for some details of just why that kind of disclosure matters, in making sense of Google's own efforts to provide transparency.