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United States

Liberating the Laws You Must Pay To Read 223

Writing for Boing Boing, Carl Malamud describes the campaign he's been waging to let U.S. citizens read the public safety standards that have become part of federal law — without needing to pay for the privilege. "These public safety standards govern and protect a wide range of activity, from how bicycle helmets are constructed to how to test for lead in water to the safety characteristics of hearing aids and protective footwear." Despite a U.S. Appeals Court ruling which said 'the law' should be in the public domain, many safety codes are still privately produced and then distributed for a fee, to recoup development costs. "Public.Resource.Org has a mission of making the law available to all citizens, and these technical standards are a big black hole in the legal universe. We've taken a gamble and spent $7,414.26 to buy 73 of these technical public safety standards that are incorporated into the U.S. Code of Federal Regulations." Malamud and his Public.Resource.Org foundation are trying — very cautiously — to make these laws more broadly available. "...even though we strongly believe that the documents are not entitled to copyright protection, and moreover that our limited print run is in any case definitely fair use, if a judge were to decide that what we did was breaking the law, 25 copies of 73 standards works out to $273,750,000 in potential liability. While whales may make bigger bets, we draw the line at $273 million."
Firefox

Mozilla To Support H.264 249

suraj.sun writes with a followup to last week's news that Mozilla was thinking about reversing their stance on H.264 support. Mozilla chairman Mitchell Baker and CTO Brendan Eich have now both written blog posts explaining why they feel H.264 support is no longer optional. Eich wrote, "We will not require anyone to pay for Firefox. We will not burden our downstream source redistributors with royalty fees. We may have to continue to fall back on Flash on some desktop OSes. I’ll write more when I know more about desktop H.264, specifically on Windows XP. What I do know for certain is this: H.264 is absolutely required right now to compete on mobile. I do not believe that we can reject H.264 content in Firefox on Android or in B2G and survive the shift to mobile. Losing a battle is a bitter experience. I won’t sugar-coat this pill. But we must swallow it if we are to succeed in our mobile initiatives. Failure on mobile is too likely to consign Mozilla to decline and irrelevance." Baker added, "Our first approach at bringing open codecs to the Web has ended up at an impasse on mobile, but we’re not done yet. ... We'll find a way around this impasse."
Google

Google Files Amicus Brief in Hotfile Case; MPAA Requests It Be Rejected 214

An anonymous reader writes "Google has once again stood up in court for the rights of users and services online, this time defending Hotfile from copyright infringement accusations. [Quoting the article]: 'Google takes a sort of hard-line approach via the DMCA, telling the court that however the MPAA may try to mislead them, Hotfile is in fact protected under safe harbor provisions. And furthermore, Google suggests that the MPAA's approach is contrary to the language in and precedents surrounding the DMCA. The onus is on copyright holders to alert a service to the nature and location of an infringement, and the service's responsibility is to alert the user if possible and remove the material within a reasonable period of time.'" The full brief has been uploaded to Scribd. The MPAA, naturally, has requested that the amicus brief be rejected by the court: "Google's proposed brief appears to be part of a systematic effort by Google, itself a defendant in ongoing copyright infringement cases, to influence the development of the law to Google's own advantage — as well as an effort by Hotfile (whose counsel also represent Google) to circumvent its page limits. Google is acting as a partisan advocate for Hotfile, making arguments that Hotfile has or could have made in its own opposition to summary judgment. The parties here are well-represented and have the incentive and wherewithal to make all the arguments the court will need. Although Google purports not to take a position regarding summary judgment here, Google unmistakably seeks a ruling against plaintiffs. Google's motion should be denied"
EU

Apple Sued By Belgian Consumer Association For Not Applying EU Warranty Laws 290

An anonymous reader writes "Following the recent Italian case, Apple is now being sued by the Belgian consumer association 'Test-Achats' (french/dutch website) for not applying the EU consumer protection laws by only giving a one-year warranty on its products. At the same time, Apple is not only refusing to give the mandatory two-year warranty but is also selling the additional year of warranty with its Applecare products. If the consumer association wins its case, Apple could be forced to refund Applecare contracts to its Belgian customers while providing the additional year of warranty for free."
It's funny.  Laugh.

Patent Troll Targets Samsung and RIM With Emoticon Button Patent 44

eldavojohn writes "Apparently the Samsung and Apple patent hoedown has received some uninvited guests that wish to troll with the big trolls — all over a built-in button for an emoticon. According to Varia Holdings (don't bother googling, you won't find anyone trying to license their patents to you) 'by asserting [its European] emoticon patent against Apple, Samsung has recognized the value of the type of invention embodied in [Varia's] '731 Patent.' And, thusly, Varia feels this provides grounds to sue Samsung and RIM. Techdirt provides commentary on the obviousness of said patent while raking the USPTO examiner over the coals (although, curiously, gives Samsung a free pass)."
The Internet

Why the 'Six Strikes' Copyright Alert System Needs Antitrust Scrutiny 159

suraj.sun sends this quote from an op-ed at Ars Technica: "Eight months ago, content owners and Internet service providers agreed to the Copyright Alert System, a 'six-strike' plan to reduce copyright infringement by Internet users. Under the system, ISPs will soon send educational alerts, hijack browsers, and perhaps even slow/temporarily block the Internet service of users accused of online infringement (as identified by content owners). At the time it was announced, some speculated that the proposed system might not be legal under the antitrust laws. ... If I had to explain antitrust in a single word, it would not be 'competition' — it would be 'power.' The power to raise prices above a competitive level; the power to punish people who break your rules. Such power is something society usually vests in government. Antitrust law is in part concerned with private industry attempting to assert government-like power. ... The Copyright Alert System represents a raw exercise of concerted private power. Content owners as a group have control over their product. They have leveraged this control to forge this agreement with ISPs, who need to work with content owners in order to offer content to their own users. ISPs, in turn, have power over us as users."
Australia

Australian Govt Censors Notes From Secret Anti-Piracy Talks 177

An anonymous reader writes "It looks as if the Australian Government really doesn't want the public to know what's going on in its closed-door talks with ISPs and the content industry. The Attorney-General's Department has applied the black marker to almost all of the information contained in documents about the meetings released under Freedom of Information laws. The reason? It wouldn't be in the 'public interest' to release the information. Strange how the public seems to have a high degree of interest in finding out what's being talked about."
Transportation

Time to Review FAA Gadget Policies 292

Nick Bilton, Lead Technology writer for The New York Times Bits Blog, called the FAA to complain about its gadget policies on flights and got an unexpected reply. Laura J. Brown, deputy assistant administrator for public affairs, said that it might be time to change some of those policies and promised they'd take a “fresh look” at the use of personal electronics on planes. From the article: "Yes, you read that correctly. The F.A.A., which in the past has essentially said, 'No, because I said so,' is going to explore testing e-readers, tablets and certain other gadgets on planes. The last time this testing was done was 2006, long before iPads and most e-readers existed. (The bad, or good, news: The F.A.A. doesn’t yet want to include the 150 million smartphones in this revision.)"
Books

Chinese Writers Sue Apple Over IP Violations 143

hackingbear writes "A group of 22 Chinese authors have filed a claim against Apple, alleging its App Store sells unlicensed copies of their books. The Writers Rights Alliance, founded by Han Han, a young popular Chinese author and the worlds' most popular blogger, who is known for his cynical criticism of the government, petitioned Apple last year to stop electronic distribution of the writers' books and had earlier persuaded Baidu, China's largest search engine, to stop publishing their material on its Baidu Library product."
Cellphones

Connecticut Considers Digital Download Tax 244

SonicSpike writes in with a story about the latest state contemplating raising revenues by taxing the net. "Downloading music, movies, e-books and Apps could soon cost Connecticut residents more as lawmakers consider a tax on digital downloads. The bill, proposed by the General Assembly's Finance, Review and Bonding Committee, would have consumers pay the 6.35% sales tax on any electronic transfer. Supporters say the bill would level the playing field for brick-and-mortar retailers in the state who are already required to charge Connecticut sales tax to consumers who purchase these products in their stores. About 25 states around the country have already begun taxing digital downloads."
Piracy

Kim Dotcom's Assets Seizure Order Ruled "Null and Void" 139

thomst writes "Cnet's Greg Sandoval reports that New Zealand police filed for the wrong kind of restraining order--the kind that didn't allow for DotCom to have a court hearing prior to the seizure — and that was a mistake, according to a report in the New Zealand Herald. A court has now ruled that the restraining order that enabled police to seize his assets is 'null and void,' and a review of the mistakes made will soon be conducted by New Zealand's attorney general, according to the Herald. The paper noted that there's no guarantee that DotCom will prevail. His lawyers must prove the absence of good faith when the procedural error was made."
Crime

Should Snatching an iPhone Be a Felony? 607

theodp writes "English comedian Russell Brand could be facing a felony conviction for snatching an iPhone from a would-be paparazzi and tossing it through a window. Singer/parolee Chris Brown also found himself in iPhone hot water after being charged with 'robbery by snatching' in a similar DIY-paparazzi-thwarting incident, which could be a misdemeanor or felony depending on the value placed on an iPhone. But in the world-of-crazy-pricing created by phone makers and wireless providers ($899 Nokia Windows Phone, anyone?), where the quoted price of an iPhone varies by a factor of 376 from the same company, should one really be charged with a felony for snatching an iPhone, especially when an iPad 2 can be had for $399 retail?"
Australia

Julian Assange To Run For Australian Senate 207

New submitter bozman8 writes "Announced recently on social networking platform Twitter, Julian Assange has found a way to run for the Upper House of the Australian Senate, despite being detained under house arrest in Britain. Along with Julian's candidacy, WikiLeaks has announced that they are going to run a nominee against current Prime Minister Julia Gillard in her local electorate."
Books

Belgian Rightsholders Group Wants To Charge Libraries For Reading Books To Kids 244

New submitter BSAtHome writes "People with a healthy interest in fundamental freedoms and basic human rights have probably heard about SABAM, the Belgian collecting society for music royalties, which has become one of the global poster children for how outrageously out-of-touch-with-reality certain rightsholders groups appear to be. This morning, word got out in Belgian media that SABAM is spending time and resources to contact local libraries across the nation, warning them that they will start charging fees because the libraries engage volunteers to read books to kids. Volunteers. Who – again – read books to kids."
Google

DARPA Director Leaves Pentagon For Google 70

New submitter srussia writes with this quote from Wired: "DARPA director Regina Dugan will soon be stepping down from her position atop the Pentagon's premiere research shop to take a job with Google. Dugan, whose controversial tenure at the agency lasted just under three years, was 'offered and accepted at senior executive position' with the internet giant, according to DARPA spokesman Eric Mazzacone. She felt she could not say no to such an 'innovative company,' he adds. ... 'There is a time and a place for daydreaming. But it is not at DARPA,' she told a congressional panel in March 2011. 'DARPA is not the place of dreamlike musings or fantasies, not a place for self-indulging in wishes and hopes. DARPA is a place of doing.' For an agency that spent millions of dollars on shape-shifting robots, Mach 20 missiles, and mind-controlled limbs, it was something of a revolutionary statement. The shift was only one of the reasons why Dugan was a highly polarizing figure within her agency, and in the larger defense research community."
Canada

Canadian Police Recommend Online Spying Tax For Internet Bills 110

An anonymous reader writes "One of the major unanswered questions about Bill C-30, Canada's lawful access/online surveillance bill, is who will pay for the costs associated with responding to law enforcement demands for subscriber information ('look ups') and installation of surveillance equipment ('hook ups'). Michael Geist recently obtained documents (PDF) from Public Safety under the Access to Information Act that indicates the government doesn't really have its own answer. But he reports that the police do — a new 'public safety' tax to be added to Internet and wireless bills."
Microsoft

Microsoft Patent Monetizes Your TV Remote 234

theodp writes "Microsoft, reports GeekWire, is seeking a patent on monetizing the buttons of your TV remote. In its application for a patent on 'Control-based Content Pricing,' Microsoft explains how one can jack up the cable bill of those who dare fast-forward past a diaper commercial or replay a sports highlight. From the patent application: 'If a user initiates a navigation control input to advance past (e.g., skip over) an advertisement, the cost of a requested on-demand movie may be increased. Similarly, if a user initiates a replay of a sporting event, the user may be charged for the replay control input and for each subsequent view control input.'"
The Courts

Netflix Terms of Service Invalidates Your Right To Sue 206

New submitter ebombme writes "Netflix has decided to go the route of AT&T and others by trying to take away the rights of their users to form class action lawsuits against them. A copy of the new terms of use states 'These Terms of Use provide that all disputes between you and Netflix will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Netflix.'"
Canada

Misleading Robocalls Went To Voters ID'd As Non-Tories 148

silentbrad writes "An investigation by CBC News has turned up voters all over Canada who say the reason they got robocalls sending them to fictitious polling stations was that they'd revealed they would not vote Conservative. Although the Conservative Party has denied any involvement in the calls, these new details suggest that the misleading calls relied on data gathered by, and carefully guarded by, the Conservative Party. Known as 'CIMS,' the database assigns a 'smiley' face to supporters, and a 'sad' face to non-Conservatives. Liberal and NDP politicians say it would make no sense to call randomly, since many of the voters misled would be Conservatives."

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