Slashdot: Your Rights Online

Sam Odio, who runs the BluWiki mentioned the other day as host of the iPodHash project, has posted a followup on the legal tussle in which Apple has engaged the iPodHash project for attempting to reverse-engineer the hash used to encrypt the iTunesDB in recent iPods. He writes in that post: "I've received a flood of emails from interested individuals who want to help. Most importantly, I was contacted by Fred von Lohmann from the EFF. They're currently evaluating whether they will represent us against any potential Apple litigation. This would be great, because it will enable BluWiki to continue to host the project while working with EFF to address Apple's concerns. However, before the EFF commits to representing us against Apple, they want to speak to the author of the [iPodHash] project. I'm posting this public plea hoping that the author, or someone who knows the author, might read it." Update: 11/23 04:25 GMT by T : Due to a shortage of brain cells, I flipped the actors here as this post was originally rendered: To be clear, Sam Odio of BluWiki is seeking the person behind the iPodHash project, not the other way around. Mea culpa.

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CWmike writes "Microsoft asked a federal judge yesterday to end the class-action lawsuit that has been the source of a treasure trove of embarrassing insider e-mails covering everything from managers badmouthing Intel to others on who worried how Vista would be compared to Apple's Mac OS X in 2005. In seeking to end the case, Microsoft argues the plaintiffs have not demonstrated that the lowest-priced version of Windows Vista was not the 'real' Vista, or showed that users paid more for PCs prior to the new operating system's launch because of the Vista Capable campaign."

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An anonymous reader writes with this excerpt from the Hartford Courant: "Almost 18 months after a pornography conviction that could have sent her to jail for 40 years was thrown out, former Norwich substitute teacher Julie Amero plead guilty to a single charge of disorderly conduct Friday afternoon. The plea deal before Superior Court Judge Robert E. Young in Norwich ends a long-running drama that attracted attention from around the world. ... She had originally been charged with 10 counts of risk of injury to a minor and later convicted on four of them. ... In June of 2007, Judge Hillary B. Strackbein tossed out Amero's conviction on charges that she intentionally caused a stream of 'pop-up' pornography on the computer in her classroom and allowed students to view it. Confronted with evidence compiled by forensic computer experts, Strackbein ordered a new trial, saying the conviction was based on 'erroneous' and 'false information.'"

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GameCyteSean writes "GameCyte is reporting that Harmonix, EA, MTV and Viacom have been targeted by a class action lawsuit. Customers allege that the companies knowingly shipped defective bass drum pedals for the music game Rock Band, then exploited customers' necessity for replacements by having the game's hardware warranty extension expire just as the sequel, Rock Band 2 — a game with improved pedals — was scheduled to release." I wonder if we'll see a similar suit against Neversoft and Activision over the equipment problems related to the Guitar Hero World Tour launch.

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An anonymous reader writes "The Register reports that BT, the UK's dominant telecom and internet service provider, has 'banned all future discussion of Phorm and its "WebWise" targeted advertising product on its customer forums, and deleted all past threads about the controversy dating back to February.' Phorm is a controversial opt-out system for delivering targeted advertising that intercepts traffic passing through an ISP in order to profile subscribers via an assigned unique ID based on their online activities. Subscribers can opt-out at the Webwise website but are opted-in again if the Phorm cookie is cleared. Firefox users can install Melvin Sage's Firephorm add-on to manage their interaction with Phorm and Webwise."

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ErikTheRed writes "In an audio clip discovered by NewsBusters, then-Deputy Attorney General Eric Holder advocated federal censorship of the Internet. This was in the aftermath of the Columbine High School shootings. From the clip: 'The court has really struck down every government effort to try to regulate it. We tried with regard to pornography. It is gonna be a difficult thing, but it seems to me that if we can come up with reasonable restrictions, reasonable regulations in how people interact on the Internet, that is something that the Supreme Court and the courts ought to favorably look at.'" Holder is reported to be Barack Obama's choice for Attorney General of the United States.

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Xenographic writes "SCO has finally lost to Novell, now that Judge Kimball has entered final judgment against SCO. Of course, this is SCO we're talking about. There's still the litigation in bankruptcy court, which allowed this case to resume so that they could figure out just how much SCO owes, which is $3,506,526, if I calculated the interest properly, $625,486.90 of which will go into a constructive trust. And then there's the possibility that SCO could seek to have the judgment overturned in the appeals courts, or even the Supreme Court when that fails. Of course, they need money to do that and they don't really have much of that any more. Remember how Enderle, O'Gara and company told us that SCO was sure to win? I wonder how many people have emailed them to say, 'I told you so.'"

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NewYorkCountryLawyer writes "In Atlantic Recording v. Raleigh, an RIAA case pending in St. Louis, Missouri, the defendant has asserted detailed counterclaims against the RIAA for federal RICO violations, fraud, violation of the Computer Fraud and Abuse Act, prima facie tort, trespass, and conspiracy. The claims focus on the RIAA's 'driftnet' tactic of suing innocent people, and of demanding extortionate settlements. The RICO 'predicate acts' alleged in the 42-page pleading (PDF) are extortion, mail fraud, and wire fraud. The proposed class includes all people residing in the US 'who were falsely accused ... of downloading copyrighted sound recordings owned by the counterclaim Defendants and making them available for distribution or mass distribution over a P2P network and who incurred costs and damages including legal fees in defense of such false claims' or 'whose computers used in interstate commerce and/or communication were accessed ... without permission or authority.' This is the second class action of which we are aware against the RIAA and the Big 4 recording companies, the first being the Oregon class action brought by Tanya Andersen, which is presently in the discovery phase."

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An anonymous reader writes "The cyber-bullying trial of Lori Drew opened yesterday. She was indicted for conspiring to access and accessing MySpace illegally in order to 'further a tortious act, namely, intentional infliction of emotional distress' (PDF of the indictment). The BBC has background on the case, the NYTimes covers the opening statements, and Wired has today's testimony."

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Tiger4 writes "Verizon has confirmed that some of its employees have accessed and perhaps shared calling records of President Elect Barack Obama (coverage at CNN, Reuters, AP). Verizon says the people involved have all been put on leave with pay as the investigation proceeds. Some of the employees may have accessed the information for legitimate purposes, but others may have been curiosity seekers and may have even shared the information around. The account was 'only' a phone, not a BlackBerry or similar device, and Verizon believes it was just calling records, not voicemail or email that was compromised. The articles do not mention the similarity to the warrantless wiretapping or hospital records compromises of recent months. But that immediately sprang to mind for me."

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TRS-80 writes "Apple has sent a DMCA takedown notice to the IpodHash project, claiming it circumvents their FairPlay DRM scheme. Some background: Apple first added a hash to the iTunesDB file in 6th-gen iPods, but it was quickly reverse-engineered. They changed it with the release of iPhone 2.0 and a project was started to reverse the new hash, but wasn't successful yet. My guess is Apple used the same algorithm as FairPlay for the new hash, so Apple could use the DMCA to prevent competing apps like Songbird and Banshee from talking to iPods/iPhones. BTW, don't tell Apple, but the project uses a wiki, so the old page versions from before the takedown are still there."

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boyko.at.netqos writes "Timothy B. Lee (no relation to Tim Berners-Lee), a frequent contributor to Ars Technica and Techdirt, has recently written 'The Durable Internet,' a paper published by the libertarian-leaning CATO institute. In it, Lee argues that because a neutral network works better than a non-neutral one, the Internet's open-ended architecture is not likely to vanish, despite the fears of net neutrality proponents, (and despite the wishes of net neutrality opponents.) For that reason, perhaps network neutrality legislation isn't necessary — or even desirable — from an open-networks perspective. In addition to the paper, Network Performance Daily has an interview and podcast with Tim Lee, and Lee addresses counter-arguments with a blog posting for Technology Liberation Front."

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NewYorkCountryLawyer writes "The RIAA's case in Boston against a 24-year-old grad student, SONY BMG Music v. Tenenbaum, in which Prof. Charles Nesson of Harvard Law School, along with members of his CyberLaw class, are representing the defendant, may shape up as a showdown between the Electronic Frontier and Big Music. The defendant's witness list includes names such as those of Prof. Lawrence Lessig (Author of 'Free Culture'), John Perry Barlow (former songwriter of The Grateful Dead and cofounder of the Electronic Frontier Foundation), Prof. Johan Pouwelse (Scientific Director of P2P-Next), Prof. Jonathan Zittrain (Author of 'The Future of the Internet — And How to Stop It'), Professors Wendy Seltzer, Terry Fisher, and John Palfrey, and others. The RIAA requested, and was granted, an adjournment of the trial, from its previously scheduled December 1st date, to March 30, 2009. (The RIAA lawyers have been asking for adjournments a lot lately, asking for an adjournment in UMG v. Lindor the other day because they were so busy preparing for the Tenenbaum December 1st trial ... I guess when you're running on hot air, you sometimes run out of steam)."

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pparsons writes "Bell Canada Inc. will not have to suspend its practice of 'shaping' traffic on the Internet after a group of companies that resell access to Bell's network complained their customers were also being negatively affected. The Canadian Radio-television and Telecommunications Commission today released a decision that denied the Canadian Association of Internet Providers' request that Bell be ordered to cease its application of the practice to its wholesale customers."

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Da Massive writes "Leading Hollywood film studios Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation and Disney Enterprises are suing Australia's second largest ISP, iiNet, saying it's complicit in the infringement of their copyrighted material. According to a statement of claim, 'the ISP knows that there are a large number of customers who are engaging in continuing infringements of copyright by using BitTorrent file sharing technology.'"

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CNet has a report that a federal judge has dismissed Psystar's antitrust suit against Apple. Observers had said that the counter-suit embodied the Mac clone-maker's best chance of prevailing and staying in business. We've been following Psystar and the dueling lawsuits since the beginning.

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coondoggie writes "The Federal Trade Commission yesterday had a US District Court issue a temporary restraining order halting the sale of RemoteSpy keylogger spyware. According to the FTC's complaint, RemoteSpy spyware was sold to clients who would then secretly monitor unsuspecting consumers' computers. The defendants provided RemoteSpy clients with detailed instructions explaining how to disguise the spyware as an innocuous file, such as a photo, attached to an email."

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An anonymous reader notes a posting up at a law blog with the provocative title Does Your Boss Have to Pay You While You Wait for Vista to Boot Up?. (Provocative because Vista doesn't boot more slowly than anything else, necessarily, as one commenter points out.) The National Law Journal article behind the post requires subscription. Quoting: "Lawyers are noting a new type of lawsuit, in which employees are suing over time spent booting [up] their computers. ... During the past year, several companies, including AT&T Inc., UnitedHealth Group Inc. and Cigna Corp., have been hit with lawsuits in which employees claimed that they were not paid for the 15- to 30-minute task of booting their computers at the start of each day and logging out at the end. Add those minutes up over a week, and hourly employees are losing some serious pay, argues plaintiffs' lawyer Mark Thierman, a Las Vegas solo practitioner who has filed a handful of computer-booting lawsuits in recent years. ... [A] management-side attorney... who is defending a half-dozen employers in computer-booting lawsuits... believes that, in most cases, computer booting does not warrant being called work."

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More documents are coming out in court proceedings over the Vista Capable debacle. Internetnews.com has good coverage of HP's fury over Microsoft lowering the requirements for a Vista Capable sticker, at Intel's request. "Intel officials may have been pleased that Microsoft lowered standards for obtaining the company's Windows Vista Capable logo program sticker, but the same can't be said about HP's execs. 'I can't be more clear than to say you not only let us down by reneging on your commitment to stand behind the [device driver model] requirement, you have demonstrated a complete lack of commitment to HP as a strategic partner and cost us a lot of money in the process,' said one e-mail from Richard Walker, the senior vice president of HP's consumer business unit, to [Microsoft executives]." PCPro.co.uk follows the trail of accusatory emails inside Microsoft from there: "HP's email prompted then Microsoft co-President, Jim Allchin, to send a furious email of his own to company CEO Steve Ballmer. Allchin's email suggests the decision to lower the requirements was made in his absence by Ballmer, following 'a call between you and Paul [Otellini, Intel CEO].' 'I am beyond being upset here,' Allchin wrote to Ballmer. 'What a mess. Now we have an upset partner, Microsoft destroyed credibility [sic], as well as my own credibility shot.' Ballmer, in turn, blamed another Microsoft executive, Will Poole, in a rather erratically typed reply to Allchin."

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holy_calamity writes "Article One Partners is a new startup that offers $50,000 rewards to people that find prior art for certain valuable patents. The company's founder told New Scientist she thought the initiative would improve 'patent quality' by increasing scrutiny on poor patents. She aims to profit by selling the information contributors collect, or trade stocks based on it. Current patents they are looking for help to bust include those being used by Konami to sue Harmonix over Rock Band and Guitar Hero."

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