Diamonddavej writes "TorrentFreak reports a potentially troubling court decision in Germany. The company Appwork has been threatened with a 250,000 Euro fine fine for functionality committed to its open-source downloader (JDownloader2) repository by a volunteer coder without Appwork's knowledge. The infringing code enables downloading of RTMPE video streams (an encrypted streaming video format developed by Adobe). Since the code decrypted the video streams, the Hamburg Regional Court decided it represented circumvention of an 'effective technological measure' under Section 95a of Germany's Copyright Act and it threatened Appwork with a fine for 'production, distribution and possession' of an 'illegal' piece of software."
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snydeq writes "The U.S. House of Representatives has passed the Innovation Act, dealing trolls a severe blow despite opposition from universities looking to protect patents, InfoWorld's Simon Phipps reports. The act cleared the House of Representatives with an overwhelming majority of 325 to 91 despite opposition from the organizations most likely to feed new patents to the trolls. 'So bravo to the Innovation Act. It's far from perfect, as the EFF documents and as I commented before the holiday. But it's a step in the right direction, and the tidal surge of support it's seeing suggests legislators' appetite for proper patent reform is finally growing strong enough for them to contemplate substantial change.'"
DavidGilbert99 writes "The founder of eBay, the parent company of PayPal, Pierre Omidyar has called on U.S. prosecutors to have mercy on the 14 members of Anonymous who are appearing in court this week facing up to 15 years in jail and a $500,000 fine for their part in a DDoS attack against PayPal in 2010. Despite thousands of Anons taking part, and most of the damage being done by two major botnets, the 14 are set to bear all the responsibility if U.S. prosecutors have their way."
sl4shd0rk writes "In 2012, Oracle took Google to court over Java. In the balance hung the legalities of writing code to mimic the functionality of copyrighted software. The trial was set to determine how all future software would be written (and by whom). Oracle's entire case boiled down to an inadvertent 9 lines of code; an argument over a simple and basic comparison of a range of numbers. The presiding judge (who had some background in writing software) didn't buy it stating he had 'written blocks of code like rangeCheck a hundred times before.' A victory for more than just Google. This week, however, Microsoft, EMC, Oracle and Netapp have filed for appeal and seek to reverse the ruling. It's not looking good as the new bevy of judges Indicating they may side with Oracle on the issue."
cathyreisenwitz sends word of a San Francisco trial in which the U.S. government appears to be manipulating the no-fly list to its advantage. The court case involves a Stanford Ph.D. student who was barred from returning to the U.S. after visiting her native Malaysia. She's one of roughly 700,000 people on the no-fly list. Here's the sketchy part: the woman's eldest daughter, who was born in the U.S. and is a U.S. citizen, was called as a witness for the trial. Unfortunately, she mysteriously found herself on the no-fly list as well, and wasn't able to board a plane to come to the trial. Lawyers for the Department of Justice told the court that she simply missed her plane, but she was able to provide documents from the airline explaining that the Department of Homeland Security was not allowing her to fly.
After winning the right to use the term perjury in regards to Warner Bros abuse of the DMCA takedown procedure, and successfully blocking the MPAA from using the term "piracy" at their trial, Hotfile settled out of court with the MPAA today (mere days before the trial was scheduled to begin). As part of the deal, they are dropping their countersuit against Warner Bros, paying $80 million, and halting all operations immediately. The Hotfile website has been replaced by an MPAA message. From Torrent Freak: "The settlement deal was rubber stamped by the U.S. District Court for the Southern District of Florida, ... The MPAA is happy with the outcome which it says will help to protect the rights of copyright holders on the Internet. 'This judgment by the court is another important step toward protecting an Internet that works for everyone,' MPAA boss Chris Dodd says."
jfruh writes "One of the most potent aspects of Anonymous is, well, its anonymity — but that isn't absolute. Eric Rosol was caught by federal authorities participating in a DDoS attack on a company owned by Koch Industry; for knocking a website offline for 15 minutes, Rosol got two years of probation and had to pay $183,000 in restitution (the amount Koch paid to a security consultant to protect its website ater the attack)." The worst part? From the article: "Eric J. Rosol, 38, is said to have admitted that on Feb. 28, 2011, he took part in a denial of service attack for about a minute on a Web page of Koch Industries..."
sciencehabit writes "This morning, an animal rights group known as the Nonhuman Rights Project (NhRP) filed a lawsuit in a New York court in an attempt to get a judge to declare that chimpanzees are legal persons and should be freed from captivity. The suit is the first of three to be filed in three New York counties this week. They target two research chimps at Stony Brook University and two chimps on private property, and are the opening salvo in a coordinated effort to grant 'legal personhood' to a variety of animals across the United States. If NhRP is successful in New York, it would upend millennia of law defining animals as property and could set off a 'chain reaction' that could bleed over to other jurisdictions, says Richard Cupp, a law professor at Pepperdine University in Malibu, California, and a prominent critic of animal rights. 'But if they lose it could be a giant step backward for the movement. They're playing with fire.'"
thomst writes "Robert Barnes of the Washington Post reports that the US Supreme Court has declined to hear petitions from Amazon.com and Overstock.com requesting that a decision by the New York State Supreme Court permitting that state's 2008 law requiring sales taxes be collected on Internet sales, even if the seller has no 'business presence' in New York. The New York Court of Appeals ruled that Amazon's relationship with third-party affiliates in the state that receive commissions for sending Web traffic its way satisfied the 'substantial nexus' necessary to force the company to collect taxes, and New York's Supreme Court had affirmed the ruling. The Federal high court's refusal to hear the petitions leaves the state law in effect, even though it appears to conflict with the Court's 1993 decision in Quill v. North Dakota."
An anonymous reader writes "Here's an update to the earlier Slashdot story about KlearGear.com 'fining' a couple for a bad review left four years earlier on RipoffReport: Not only did KlearGear report this as a bad debt to credit reporting agencies, but KlearGear is hiding behind a DomainsByProxy domain name to making finding their real identities harder. Now Public Citizen is representing the couple and is going after KlearGear for $75,000. The TV station that broke this story, KUTV, now reports that RipoffReport will likely be on the couple's side. The BBB and TRUSTe say their logos were used by KlearGear.com without permission, and credit reporting agency Experian is also investigating."
rtoz sends word that a French court has ordered Google, Yahoo, and Microsoft to remove 16 unauthorized video streaming sites from their search results. Many ISPs were also ordered to block access to the sites. According to TorrentFreak, "The court ruled that the film industry had clearly demonstrated that the sites in question are 'dedicated or virtually dedicated to the distribution of audiovisual works without the consent of their creators,' thus violating their copyrights. As a result the search services of Google, Microsoft, Yahoo and local company Orange are now under orders to 'take all necessary measures to prevent the occurrence on their services of any results referring to any of the pages' on these sites. Several ISPs – Orange, Free, Bouygues Télécom, SFR, Numéricable and Darty Télécom were also ordered to 'implement all appropriate means including blocking' to prevent access to the infringing sites."
Jah-Wren Ryel sends this quote from Ars: "Newegg, an online retailer that has made a name for itself fighting the non-practicing patent holders sometimes called 'patent trolls,' sits on the losing end of a lawsuit tonight. An eight-person jury came back shortly after 7:00pm and found that the company infringed all four asserted claims of a patent owned by TQP Development, a company owned by patent enforcement expert Erich Spangenberg. The jury also found that the patent was valid, apparently rejecting arguments by famed cryptographer Whitfield Diffie. Diffie took the stand on Friday to argue on behalf of Newegg and against the patent. In total, the jury ordered Newegg to pay $2.3 million, a bit less than half of the $5.1 million TQP's damage expert suggested. ... TQP's single patent is tied to a failed modem business run by Michael Jones, formerly president of Telequip. TQP has acquired more than $45 million in patent licensing fees by getting settlements from a total of 139 companies since TQP argues that its patent covers SSL or TLS combined with the RC4 cipher, a common Internet security system used by retailers like Newegg."
magic maverick writes "A U.S. federal jury has ordered Agence France-Presse and Getty Images to pay $1.2 million to a Daniel Morel, Haitian photographer, for their unauthorized use of photographs, from the 2010 Haiti earthquake. The images, posted to Twitter, were taken by an editor at AFP and then provided to Getty. A number of other organizations had already settled out of court with the photographer."
itwbennett writes "After 3 days of deliberations, a jury has ordered Samsung to pay $290 million to Apple for infringement of several of its patents in multiple Samsung smartphones and tablets. The verdict is the second victory for Apple in its multiyear patent fight against Samsung in the U.S. District Court for the Northern District of California. Last year a jury in the same San Jose courtroom ruled Samsung should pay just over $1 billion for infringement of five Apple patents in multiple Samsung phones and tablets. But afterward, Judge Lucy Koh ordered a new trial to reconsider $450 million of the damages after finding the previous jury had applied an 'impermissible legal theory' to its calculations. Thursday's verdict is the result of that new trial."
wiredmikey writes "Sweden said it will hand over Pirate Bay co-founder Gottfrid Svartholm Warg to Denmark where he is wanted for questioning on alleged hacking charges. 'It (the extradition) will take place on November 27,' the prosecutor in charge of the case, Henrik Olin, said, adding that Sweden was responding to an arrest warrant issued by Copenhagen. In June, Danish police revealed that the 30-year-old Swedish hacker is suspected of illegally downloading police files between April and August 2012. He is currently serving a one-year sentence in Sweden for hacking into the computer systems of contractors working for the national tax authority."
An anonymous reader sends this quote from TechDirt: "One of the bizarre side notes to Hollywood's big lawsuit against the cyberlocker Hotfile was a countersuit against Warner Bros. by Hotfile, for using the easy takedown tool that Hotfile had provided, to take down a variety of content that was (a) non-infringing and (b) had nothing to do with Warner Bros. at all (i.e., the company did not hold the copyright on those files). In that case, WB admitted that it filed a bunch of false takedowns, but said it was no big deal because it was all done by a computer. Of course, it then came out that at least one work was taken down by a WB employee, and that employee had done so on purpose, annoyed that JDownloader could help possible infringers download more quickly."
Hugh Pickens DOT Com writes "The Boston Globe reports that the pending use of GPS tracking devices, slated to be installed in Boston police cruisers, has many officers worried that commanders will monitor their every move. Boston police administrators say the system gives dispatchers the ability to see where officers are, rather than wait for a radio response and supervisors insist the system will improve their response to emergencies. Using GPS, they say, accelerates their response to a call for a shooting or an armed robbery. 'We'll be moving forward as quickly as possible,' says former police commissioner Edward F. Davis. 'There are an enormous amount of benefits. . . . This is clearly an important enhancement and should lead to further reductions in crime.' But some officers said they worry that under such a system they will have to explain their every move and possibly compromise their ability to court street sources. 'No one likes it. Who wants to be followed all over the place?' said one officer who spoke anonymously because department rules forbid police from speaking to the media without authorization. 'If I take my cruiser and I meet [reluctant witnesses] to talk, eventually they can follow me and say why were you in a back dark street for 45 minutes? It's going to open up a can of worms that can't be closed.' Meanwhile civil libertarians are relishing the rank and file's own backlash. 'The irony of police objecting to GPS technology for privacy reasons is hard to miss in the aftermath of United States v. Jones,' says Woodrow Hartzog. 'But the officers' concerns about privacy illustrate just how revealing GPS technology can be. Departments are going to have to confront the chilling effect this surveillance might have on police behavior.'"
McGruber writes "The Washington Post reports that 'Federal prosecutors have not filed a sealed indictment against WikiLeaks founder Julian Assange, despite persistent rumors that a nearly three-year grand jury investigation into him and his organization had secretly led to charges, according to senior law enforcement sources. ... "Nothing has occurred so far," said one law enforcement official with knowledge of the case. "If Assange came to the U.S. today, he would not be arrested. But I can't predict what's going to happen. He might be in six months." The law enforcement official providing this assurance chose to remain anonymous.'"
SonicSpike writes with this snippet from The Guardian: "As the technology to print 3D firearms advances, a federal law that banned the undetectable guns is about to expire. The New York senator Chuck Schumer says he is seeking an extension of the law before it expires on 9 December. Schumer said the technology of so-called 3D printing has advanced to the point where anyone with $1,000 and an internet connection can access the plastic parts that can be fitted into a gun. Those firearms cannot be detected by metal detectors or x-ray machines. Schumer says that means anyone can download a gun cheaply, then take the weapons anywhere, including high-security areas. The Democrat is pushing the extension along with Senators Patrick Leahy of Vermont and Bill Nelson of Florida. The effort was announced on Sunday."