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Businesses

Apple Files 14-Point Appeal Against European Commission's $14 Billion Tax Edict (appleinsider.com) 84

An anonymous reader shares an AppleInsider report: Apple has filed its appeal with the European court of appeals, all declaring that the European Commission's decision to levy $14 billion in taxes on Apple on behalf of the EU is erroneous, against the rule of law, and should be stricken. The 14 points of appeal introduced by Apple on Monday challenge the European Commission (EC) on several fronts. Primarily, Apple contests that the Cork, Ireland, headquarters of Apple's European wing was properly set up, in accordance with all regulations and laws. Additionally, other apparent accounting blunders by the EC while making its decision were brought up as well. Apple points out that the taxable income attributed to the Ireland branch was misapplied, giving more weight to the Irish operation than it should, and that back taxes were being applied to worldwide profits.
Piracy

Kim Dotcom Can Be Extradited, Rules A New Zealand Court (reuters.com) 175

Kim Dotcom -- and Megaupload's programmers Mathias Ortmann and Bram van der Kolk, as well as its advertising manager Finn Batato -- could soon be in a U.S. courtroom. A New Zealand judge just ruled they can all be extradited to the U.S. An anonymous reader quotes Reuters: The Auckland High Court upheld the decision by a lower court in 2015 on 13 counts, including allegations of conspiracy to commit racketeering, copyright infringement, money laundering and wire fraud, although it described that decision as "flawed" in several areas. Dotcom's lawyer Ron Mansfield said in a statement the decision was "extremely disappointing" and that Dotcom would appeal to New Zealand's Court of Appeal.

U.S. authorities say Dotcom and three co-accused Megaupload executives cost film studios and record companies more than $500 million and generated more than $175 million by encouraging paying users to store and share copyrighted material. High Court judge Murray Gilbert said that there was no crime for copyright in New Zealand law that would justify extradition but that the Megaupload-founder could be sent to the United States to face allegations of fraud.

"I'm no longer getting extradited for copyright," Dotcom commented on Twitter. "We won on that. I'm now getting extradited for a law that doesn't even apply.
The Courts

Techdirt Asks Judge To Dismiss Another Lawsuit By That Guy Who Didn't Invent Email (arstechnica.com) 78

Three months ago Shiva Ayyadurai won a $750,000 settlement from Gawker (after they'd already gone bankrupt). He'd argued Gawker defamed him by mocking Ayyadurai's claim he'd invented email, and now he's also suing Techdirt founder Michael Masnick -- who is not bankrupt, and is fighting back. Long-time Slashdot reader walterbyrd quotes Ars Technica: In his motion, Masnick claims that Ayyadurai "is seeking to use the muzzle of a defamation action to silence those who question his claim to historical fame." He continues, "The 14 articles and 84 allegedly defamatory statements catalogued in the complaint all say essentially the same thing: that Defendants believe that because the critical elements of electronic mail were developed long before Ayyadurai's 1978 computer program, his claim to be the 'inventor of e-mail' is false"...

The motion skims the history of e-mail and points out that the well-known fields of e-mail messages, like "to," "from," "cc," "subject," "message," and "bcc," were used in ARPANET e-mail messages for years before Ayyadurai made his "EMAIL" program. Ayyadurai focuses on statements calling him a "fake," a "liar," or a "fraud" putting forth "bogus" claims. Masnick counters that such phrases are "rhetorical hyperbole" meant to express opinions and reminds the court that "[t]he law provides no redress for harsh name-calling."

The motion calls the lawsuit "a misbegotten effort to stifle historical debate, silence criticism, and chill others from continuing to question Ayyadurai's grandiose claims." Ray Tomlinson has been dead for less than a year, but in this fascinating 1998 article recalled testing the early email protocols in 1971, remembering that "Most likely the first message was QWERTYIOP."
Cellphones

Should International Travelers Leave Their Phones At Home? (freecodecamp.com) 497

Long-time Slashdot reader Toe, The sums up what he learned from freeCodeCamp's Quincy Larson: "Before you travel internationally, wipe your phone or bring/rent/buy a clean one." Larson's article is titled "I'll never bring my phone on an international flight again. Neither should you." All the security in the world can't save you if someone has physical possession of your phone or laptop, and can intimidate you into giving up your password... Companies like Elcomsoft make 'forensic software' that can suck down all your photos, contacts -- even passwords for your email and social media accounts -- in a matter of minutes.... If we do nothing to resist, pretty soon everyone will have to unlock their phone and hand it over to a customs agent while they're getting their passport swiped... And with this single new procedure, all the hard work that Apple and Google have invested in encrypting the data on your phone -- and fighting for your privacy in court -- will be a completely moot point.
The article warns Americans that their constitutional protections don't apply because "the U.S. border isn't technically the U.S.," calling it "a sort of legal no-man's-land. You have very few rights there." Larson points out this also affects Canadians, but argues that "You can't hand over a device that you don't have."
The Courts

SAP License Fees Also Due For Indirect Users, Court Rules (networkworld.com) 119

SAP's licensing fees "apply even to related applications that only offer users indirect visibility of SAP data," according to a Thursday ruling by a U.K. judge. Slashdot reader ahbond quotes Network World: The consequences could be far-reaching for businesses that have integrated their customer-facing systems with an SAP database, potentially leaving them liable for license fees for every customer that accesses their online store. "If any SAP systems are being indirectly triggered, even if incidentally, and from anywhere in the world, then there are uncategorized and unpriced costs stacking up in the background," warned Robin Fry, a director at software licensing consultancy Cerno Professional Services, who has been following the case...

What's in dispute was whether the SAP PI license fee alone is sufficient to allow Diageo's sales staff and customers to access the SAP data store via the Salesforce apps, or whether, as SAP claims, those staff and customers had to be named as users and a corresponding license fee paid. On Thursday, the judge sided with SAP on that question.

The Courts

Your Personal Facebook Live Videos Can Legally End Up on TV (thememo.com) 142

Kitty Knowles, reporting for the Memo: Think you control what happens to your personal videos? Think again. One father who live-streamed his partner's labour on Facebook last May, has found out the hard way: he saw the birth of his son replayed on Good Morning America and numerous other media outlets. This week, he lost a high-profile court battle against the broadcasters. If you don't want this to happen to you, don't make the same mistakes. It's one thing wanting to share a life-changing moment with friends and family. But most would understand why Kali Kanongataa didn't want his child's birth aired for all to see. That hasn't however, stopped a US judge throwing out Kanongataa's copyright infringement case against the likes of the ABC, Yahoo, and Rodale, the company that publishes Women's Health. Apparently, the father-to-be realised his film was streaming publicly on social media about 30 minutes into recording, but decided to leave it that way. Media outlets broadcasting the clips have defended doing so on the terms of "fair use." Legally, "fair use" means that when pictures or videos are the focus of a major news story, selected footage can be used.Heads up, Facebook will soon release a video app for set-top boxes by Apple and Amazon to broadcast Live videos on the big screen.
Blackberry

BlackBerry Sued By Over 300 Former Employees (mobilesyrup.com) 72

An anonymous reader shares a report: BlackBerry is facing a class-action lawsuit from more than 300 former employees across Canada, according to a news release from law firm Nelligan O'Brien Payne LLP. The Waterloo, Ontario-based tech company is accused of denying employees their termination entitlements by transferring them to a partner company and, once they had accepted employment there, handed them resignation letters. The former employees were then allegedly given their final date of work. "BlackBerry's actions amount to a termination of the employees' employment," the law firm said. "This entitles these employees to statutory, common law, and/or contractual entitlements on termination."
Businesses

Samsung Chief Lee Arrested In Corruption Investigation (reuters.com) 24

According to Reuters, Samsung chief Jay Y. Lee was arrested on Friday over his alleged role in a corruption scandal that led parliament to impeach South Korean President Park Geun-hye. From the report: The 48-year-old Lee, vice chairman of Samsung Electronics Co Ltd (005930.KS), was taken into custody at the Seoul Detention Centre, where he had awaited the court's decision following a day-long, closed-door hearing that ended on Thursday evening. The judge's decision was announced at about 5:30 a.m. (2030 GMT) on Friday, more than 10 hours after Lee, the sprawling conglomerate's third-generation leader, had left the court. The same court rejected a request from prosecutors last month to arrest Lee. On Tuesday, the special prosecutor's office had requested a warrant to arrest him and another executive, Samsung Electronics president Park Sang-jin, on bribery and other charges. The prosecution said it had secured additional evidence and brought more charges against Lee in the latest warrant request. While Lee's detention is not expected to hamper day-to-day operation of Samsung Group companies, which are run by professional managers, experts have said it could affect strategic decision-making by South Korea's biggest conglomerate. Prosecutors have focused their investigations on Samsung's relationship with Park, 65, who was impeached by parliament in December and has been stripped of her powers while the Constitutional Court decides whether to uphold her impeachment. They accused Samsung of paying bribes totaling 43 billion won ($37.74 million) to organizations linked to Choi to secure the government's backing for a merger of two Samsung units. That funding includes Samsung's sponsorship of the equestrian career of Choi's daughter, who is in detention in Denmark, having been on a South Korean wanted list.
Privacy

Scottish Court Awards Damages For CCTV Camera Pointed At Neighbor's House (boingboing.net) 95

AmiMoJo quotes a report from BoingBoing: Edinburgh's Nahid Akram installed a CCTV system that let him record his downstairs neighbors Debbie and Tony Woolley in their back garden, capturing both images and audio of their private conversations, with a system that had the capacity to record continuously for five days. A Scottish court has ruled that the distress caused by their neighbor's camera entitled the Woolleys to $21,000 (17,000 British Pounds) in damages, without the need for them to demonstrate any actual financial loss. The judgment builds on a 2015 English court ruling against Google for spying on logged out Safari users, where the users were not required to show financial losses to receive compensation for private surveillance.
Piracy

Swedish Court Rules: 'Block the Pirate Bay For Next 3 Years' (fossbytes.com) 60

"In 2014, many film studios teamed up to force the Swedish ISP Bredbandsbolaget to block the popular torrent website The Pirate Bay," reports Fossbytes. "It was also said that ISPs should be blocked if they refused to block copyright infringing websites." Now, a Swedish Patent and Market Court of Appeal has ordered The Pirate Bay and streaming portal Swefilmer to be blocked by Bredbandsbolaget for the next three years. Fossbytes reports: The court overruled the earlier ruling of the District Court, ordering the ISP to employ some technical measures to stop its customers from accessing the website and its different URLs. The court said that a blocking injunction would be proportional "in the light of EU law." Notably, under the EU law, it's possible for the copyright owners to get an injunction against the ISPs whose services are used to pirate content. This verdict is the first of its kind in Sweden, but similar injunctions have been announced in the past in other European nations. This ruling also opens new doorways for the copyright holders to target more torrent websites in the near future. Pirate Bay spokesperson Peter Sunde said in a statement to TorrentFreak: "The fight is not about TPB -- the users of TPB can just bypass this blockade easily. It's about the slippery slope it brings."
Censorship

CloudFlare Puts Pirate Sites on New IP Addresses, Avoids Cogent Blockade (torrentfreak.com) 88

Earlier this month, several users worldwide reported that they were unable to access pirate websites including the Pirate Bay. It was because the internet backbone network of Cogent Communications had blackholed the CloudFlare IP-address of pirate websites. Less than a week later, CloudFlare is fighting back. From a report on TorrentFreak: The Pirate Bay and dozens of other pirate sites that were blocked by Cogent's Internet backbone are now accessible again. CloudFlare appears to have moved the sites in question to a new pair of IP-addresses, effectively bypassing Cogent's blackhole. [...] As of yesterday, the sites in question have been assigned the IP-addresses 104.31.16.3 and 104.31.17.3, still grouped together. Most, if not all of the sites, are blocked by court order in the UK so this is presumably done to prevent ISP overblocking of 'regular' CloudFlare subscribers.
Government

Bipartisan Bill Seeks Warrants For Police Use of 'Stingray' Cell Trackers (usatoday.com) 113

Tulsa_Time quotes a report from USA Today: A bipartisan group of House and Senate lawmakers introduced legislation Wednesday requiring police agencies to get a search warrant before they can deploy powerful cellphone surveillance technology known as "stingrays" that sweep up information about the movements of innocent Americans while tracking suspected criminals. "Owning a smartphone or fitness tracker shouldn't give the government a blank check to track your movements," said Sen. Ron Wyden, D-Ore., a member of the Senate Intelligence Committee who introduced the bill with Reps. Jason Chaffetz, R-Utah, and John Conyers, D-Mich. "Law enforcement should be able to use GPS data, but they need to get a warrant. This bill sets out clear rules to make sure our laws keep up with the times." The legislation introduced Wednesday, called the Geolocation Privacy and Surveillance (GPS) Act, would require a warrant for all domestic law enforcement agencies to track the location and movements of individual Americans through GPS technology without their knowledge. It also aims to combat high-tech stalking by creating criminal penalties for secretly using an electronic device to track someone's movements.
Patents

Patent Office Rules CRISPR Patents, Potentially Worth Billions, Belong To Broad Institute (theverge.com) 69

According to a ruling by judges at the United States Patent and Trademark Office, the disputed patents on the gene-editing tool CRISPR belong to the Broad Institute of MIT and Harvard. "The ruling comes a little over two months after a high-profile court hearing, during which MIT and University of California, Berkeley heatedly argued about who should own CRISPR," The Verge reports. From their report: STAT News reported that the decision was one sentence long. The three judges decided that the Broad patents are different enough from the ones the University of California applied for that the Broad patents stand. The patent ruling suggests that the work done by Jennifer Doudna of the University of California and her colleagues on CRISPR wasn't so groundbreaking as to make any other advance obvious. But that legal opinion isn't how the science world views her work, STAT points out: "Doudna and her chief collaborator, Emmanuelle Charpentier, won the $3 million Breakthrough Prize in the life sciences in 2015, the $500,000 Gruber Genetics Prize in 2015, and the $450,000 Japan Prize in 2017," the outlet notes.
Transportation

Brazil Judge Rules Uber Drivers Are Employees, Deserve Benefits (reuters.com) 131

An anonymous reader shares a Reuters report: A Brazilian judge ruled that a driver using the Uber ride-hailing app is an employee of the San Francisco-based company and is entitled to workers' benefits, adding to the global debate over labor rights for drivers on the platform. Uber said on Tuesday it would appeal the decision by Judge Marcio Toledo Goncalves, who issued the ruling late Monday in a labor court in Minas Gerais state. Goncalves ordered Uber to pay one driver around 30,000 reais ($10,000) in compensation for overtime, night shifts, holidays and expenses such as gasoline, water and candy for passengers. The consequences for Uber, if the ruling is upheld, could be far greater if more drivers follow suit and if state and federal regulators and tax agencies start treating it, as the judge suggested, as a transportation company rather than a tech firm.
Blackberry

BlackBerry Files Patent-Infringement Suit Against Nokia (bloombergquint.com) 53

An anonymous reader writes: BlackBerry has filed a patent-infringement lawsuit against Nokia, demanding royalties on the Finnish company's mobile network products that use an industrywide technology standard. Nokia's products including its Flexi Multiradio base stations, radio network controllers and Liquid Radio software are using technology covered by as many as 11 patents, BlackBerry said in a complaint filed in federal court in Wilmington, Delaware. The mobile network products and services are provided to companies including T-Mobile and AT&T for their LTE networks, BlackBerry said in the complaint. "Nokia has persisted in encouraging the use" of the standard- compliant products without a license from BlackBerry, it said.
Microsoft

Microsoft Calls For 'Digital Geneva Convention' (usatoday.com) 144

Microsoft is calling for a digital Geneva Convention to outline protections for civilians and companies from government-sponsored cyberattacks. In comments Tuesday at the RSA security industry conference in San Francisco, Microsoft President and Chief Legal Officer Brad Smith said the rising trend of government entities wielding the internet as a weapon was worrying. From a report on USA Today: In the cyber realm, tech must be committed to "100% defense and zero percent offense," Smith said at the opening keynote at the RSA computer security conference. Smith called for a "digital Geneva Convention," like the one created in the aftermath of World War II which set ground rules for how conduct during wartime, defining basic rights for civilians caught up armed conflicts. In the 21st century such rules are needed "to commit governments to protect civilians from nation-state attacks in times of peace," a draft of Smith's speech released to USA TODAY said. This digital Geneva Convention would establish protocols, norms and international processes for how tech companies would deal with cyber aggression and attacks of nations aimed at civilian targets, which appears to effectively mean anything but military servers.
Chrome

Chrome's Sandbox Feature Infringes On Three Patents So Google Must Now Pay $20 Million (bleepingcomputer.com) 103

An anonymous reader writes: After five years of litigation at various levels of the U.S. legal system, today, following the conclusion of a jury trial, Google was ordered to pay $20 million to two developers after a jury ruled that Google had infringed on three patents when it designed Chrome's sandboxing feature. Litigation had been going on since 2012, with Google winning the original verdict, but then losing the appeal. After the Supreme Court refused to listen to Google's petition, they sent the case back for a retrial in the U.S. District Court in Eastern Texas, the home of all patent trolls. As expected, Google lost the case and must now pay $20 million in damages, in the form of rolling royalties, which means the company stands to pay more money as Chrome becomes more popular in the future.
Electronic Frontier Foundation

Three Privacy Groups Challenge The FBI's Malware-Obtained Evidence (eff.org) 117

In 2015 the FBI took over a Tor-accessible child pornography site to infect its users with malware so they could be identified and prosecuted. But now one suspect is challenging that evidence in court, with three different privacy groups filing briefs in his support. An anonymous reader writes. One EFF attorney argues it's a classic case of an unreasonable search, which is prohibited by the U.S. Constitution. "If the FBI tried to get a single warrant to search 8,000 houses, such a request would unquestionably be denied." But there's another problem, since the FBI infected users in 120 different countries. "According to Privacy International, the case also raises important questions: What if a foreign country had carried out a similar hacking operation that affected U.S. citizens?" writes Computerworld. "Would the U.S. welcome this...? The U.S. was overstepping its bounds by conducting an investigation outside its borders without the consent of affected countries, the group said."
The FBI's evidence is also being challenged by the ACLU of Massachusetts, and the EFF plans to file two more challenges in March, warning that otherwise "the precedent is likely to impact the digital privacy rights of all Internet users for years to come... Courts need to send a very clear message that vague search warrants that lack the required specifics about who and what is to be searched won't be upheld."
Android

Oracle Refuses To Accept Android's 'Fair Use' Verdict, Files Appeal (wsj.com) 155

An anonymous reader quotes the Wall Street Journal: The seven-year legal battle between tech giants Google and Oracle just got new life. Oracle on Friday filed an appeal with the U.S. Court of Appeals for the Federal Circuit that seeks to overturn a federal jury's decision last year... The case has now gone through two federal trials and bounced around at appeals courts, including a brief stop at the U.S. Supreme Court. Oracle has sought as much as $9 billion in the case.

In the trial last year in San Francisco, the jury ruled Google's use of 11,000 lines of Java code was allowed under "fair use" provisions in federal copyright law. In Oracle's 155-page appeal on Friday, it called Google's "copying...classic unfair use" and said "Google reaped billions of dollars while leaving Oracle's Java business in tatters."

Oracle's brief also argues that "When a plagiarist takes the most recognizable portions of a novel and adapts them into a film, the plagiarist commits the 'classic' unfair use."
Spam

Spammer Faces Decades In Prison For Sending More Than 1 Million Spam Emails (suntimes.com) 146

mi quotes a report from Chicago Sun-Times: A man has been indicted on federal fraud charges for allegedly sending more than a million spam emails. The indictment charges 36-year-old Michael Persaud of Scottsdale, Arizona, with 10 counts of wire fraud and seeks the forfeiture of four computers, according to a statement from the U.S. attorney's office. The indictment was returned Dec. 9, 2016, and was unsealed after Persaud was arrested last month in Arizona. Between 2012 and 2015, Persaud used multiple IP addresses and domains to send spam emails over at least nine networks, including several servers in Chicago, according to the indictment. He sent more than a million spam emails to people in the U.S. and abroad, using false names to register domains and creating fraudulent "from address" fields to conceal the fact that he was the one sending the emails. Each count carries a maximum sentence of 20 years in prison.
mi leaves us with some rather unpleasant imagery, writing: "Personally, I wish [the sentence] carried removal of 1 square millimeter of skin for each message instead."

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