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The Courts

Software Freedom Conservancy Funds GPL Suit Against VMWare 37

Posted by timothy
from the this-isn't-nam-man-there-are-rules dept.
Jeremy Allison - Sam writes with this excerpt from a news release from the Software Freedom Conservancy: Software Freedom Conservancy announces today Christoph Hellwig's lawsuit against VMware in the district court of Hamburg in Hamburg, Germany. This is the regretful but necessary next step in both Hellwig and Conservancy's ongoing effort to convince VMware to comply properly with the terms of the GPLv2, the license of Linux and many other Open Source and Free Software included in VMware's ESXi products. Serge Wroclawski points out the SFC's technical FAQ about the suit. One nugget: This case is specifically regarding a combined work that VMware allegedly created by combining their own code (“vmkernel”) with portions of Linux's code, which was licensed only under GPLv2. As such, this, to our knowledge, marks the first time an enforcement case is exclusively focused on this type of legal question relating to GPL
Canada

Quebecker Faces Jail For Not Giving Up Phone Password To Canadian Officials 182

Posted by timothy
from the looking-for-banned-books-and-hockey-scores dept.
wired_parrot writes Canadian customs official charged a 38-year old man with obstruction of justice after he refused to give up his Blackberry phone password [on arrival in Canada by plane from the Dominican Republic]. As this a question that has not yet been litigated in Canadian courts, it may establish a legal precedent for future cases. From the article: [Law professor Rob] Currie says the issue of whether a traveller must reveal a password to an electronic device at the border hasn't been tested by a court. "This is a question that has not been litigated in Canada, whether they can actually demand you to hand over your password to allow them to unlock the device," he said. "One thing for them to inspect it, another thing for them to compel you to help them."
Patents

SpaceX's Challenge Against Blue Origins' Patent Fails To Take Off 60

Posted by samzenpus
from the take-them-to-court dept.
speedplane writes As was previously discussed on Slashdot, back in September SpaceX challenged a patent owned by Blue Origin. The technology concerned landing rockets at sea. Yesterday, the judges in the case issued their opinion stating that they are unable to initiate review of the patent on the grounds brought by SpaceX. Although at first glance this would appear to be a Blue Origin win, looking closer, the judges explained that Blue Origin's patent lacks sufficient disclosure, effectively stating that the patent is invalid, but not on the specific grounds brought by SpaceX: "Because claim 14 lacks adequate structural support for some of the means-plus-function limitations, it is not amenable to construction. And without ascertaining the breadth of claim 14, we cannot undertake the necessary factual inquiry for evaluating obviousness with respect to differences between the claimed subject matter and the prior art." If SpaceX wants to move forward against Blue Origin, this opinion bodes well for them, but they will need to take their case in front of a different court.
Patents

Has the Supreme Court Made Patent Reform Legislation Unnecessary? 95

Posted by Soulskill
from the reply-hazy-try-again dept.
An anonymous reader writes: As Congress gears up again to seriously consider patent litigation abuse—starting with the introduction of H.R. 9 (the "Innovation Act") last month—opponents of reform are arguing that recent Supreme Court cases have addressed concerns. Give the decisions time to work their way through the system, they assert. A recent hearing on the subject before a U.S. House Judiciary Committee (HJC) Subcommittee shined some light on the matter. And, as HJC Chairman Bob Goodlatte, a long-time leader in Internet and intellectual property issues, put it succinctly in his opening remarks: "We've heard this before, and though I believe that the Court has taken several positive steps in the right direction, their decisions can't take the place of a clear, updated and modernized statute. In fact, many of the provisions in the Innovation Act do not necessarily lend themselves to being solved by case law, but by actual law—Congressional legislation."
United States

Snowden Reportedly In Talks To Return To US To Face Trial 645

Posted by Soulskill
from the bold-strategy dept.
HughPickens.com writes: The Globe and Mail reports that Edward Snowden's Russian lawyer, Anatoly Kucherena, says the fugitive former U.S. spy agency contractor is working with American and German lawyers to return home. "I won't keep it secret that he wants to return back home. And we are doing everything possible now to solve this issue. There is a group of U.S. lawyers, there is also a group of German lawyers and I'm dealing with it on the Russian side." Kucherena added that Snowden is ready to return to the States, but on the condition that he is given a guarantee of a legal and impartial trial. The lawyer said Snowden had so far only received a guarantee from the U.S. Attorney General that he will not face the death penalty. Kucherena says Snowden is able to travel outside Russia since he has a three-year Russian residency permit, but "I suspect that as soon as he leaves Russia, he will be taken to the U.S. embassy."
Privacy

Supreme Court Gives Tacit Approval To Warrantless DNA Collection 130

Posted by timothy
from the welcome-to-gattica dept.
An anonymous reader writes On Monday, the U.S. Supreme Court refused to review a case involving the conviction of a man based solely on the analysis of his "inadvertently shed" DNA. The Electronic Frontier Foundation (EFF) argues that this tacit approval of the government's practice of collecting anyone's DNA anywhere without a warrant will lead to a future in which people's DNA are "entered into and checked against DNA databases and used to conduct pervasive surveillance."
Canada

Secret Memo Slams Canadian Police On Inaccurate ISP Request Records 18

Posted by samzenpus
from the tip-of-the-iceberg dept.
An anonymous reader writes Last fall, Daniel Therrien, the government's newly appointed Privacy Commissioner of Canada, released the annual report on the Privacy Act, the legislation that governs how government collects, uses, and discloses personal information. The lead story from the report was the result of an audit of the Royal Canadian Mounted Police practices regarding warrantless requests for telecom subscriber information. Michael Geist now reports that a secret internal memo reveals the situation was far worse, with auditors finding the records from Canada's lead law enforcement agency were unusable since they were "inaccurate and incomplete."
Google

Craig Brittain (Revenge Porn King) Sues For Use of Image 119

Posted by samzenpus
from the what's-good-for-the-goose-is-good-for-the-disgusting-gander dept.
retroworks writes "Washington Post reporter Caitlin Dewey leads with, "Revenge-porn impresario Craig Brittain is learning the hard way that karma is a real witch." The report states that the Federal Trade Commission has settled a complaint against Brittain, whose defunct site, "Is Anybody Down" was accused of unfair business practices. From the article: "The site paid its bills by soliciting women's nude photos on Craigslist and/or from their exes, publishing the photos without the women's permission (and often with their names and phone numbers attached), and then charging fees of $200 to $500 to take the photos down." Brittain agreed to destroy the image and never operate a revenge porn site again. However, On Feb. 9, "Brittain filed a takedown request to Google, demanding that the search engine stop linking to nearly two dozen URLs — including a number of news articles, and files on the case from the FTC — because they used photos of him and information about him without his permission." Ars Technica explains. "In this instance, fair use and general First Amendment principles are on Google's and the media's side."
Security

Uber Discloses Database Breach, Targets GitHub With Subpoena 47

Posted by Soulskill
from the another-day-another-breach dept.
New submitter SwampApe tips news that Uber has revealed a database breach from 2014. The company says the database contained names and diver's license numbers of their drivers, about 50,000 of which were accessed by an unauthorized third party. As part of their investigation into who was behind the breach, Uber has filed a lawsuit which includes a subpoena request for GitHub. "Uber's security team knows the public IP address used by the database invader, and wants to link that number against the IP addresses and usernames of anyone who looked at the GitHub-hosted gist in question – ID 9556255 – which we note today no longer exists. It's possible the gist contained a leaked login key, or internal source code that contained a key that should not have been made public."
Oracle

Oracle Sues 5 Oregon Officials For 'Improper Influence' 82

Posted by Soulskill
from the software-versus-politics dept.
SpzToid writes: Following up on an earlier Slashdot story, the Oracle Corporation has filed a rather timely suit against five of former governor John Kitzhaber's staff for their "improper influence" in the decision to shutter the Cover Oregon healthcare website, while blaming Oracle to defuse the political consequences. Oracle argues the website was ready to go before the state decided to switch to the federal exchange in April.

"The work on the exchange was complete by February 2014, but going live with the website and providing a means for all Oregonians to sign up for health insurance coverage didn't match the former-Governor's re-election strategy to 'go after' Oracle," Oracle spokeswoman Deborah Hellinger said in a statement.

Kitzhaber resigned last week amid criminal probes into an influence-peddling scandal involving allegations that his fiancée used her position in his office for personal gain.
Privacy

NSA Spying Wins Another Rubber Stamp 87

Posted by Soulskill
from the once-more-unto-the-privacy-breach dept.
schwit1 sends this report from the National Journal: A federal court has again renewed an order allowing the National Security Agency to continue its bulk collection of Americans' phone records, a decision that comes more than a year after President Obama pledged to end the controversial program. The Foreign Intelligence Surveillance Court approved this week a government request to keep the NSA's mass surveillance of U.S. phone metadata operating until June 1, coinciding with when the legal authority for the program is set to expire in Congress. The extension is the fifth of its kind since Obama said he would effectively end the Snowden-exposed program as it currently exists during a major policy speech in January 2014. Obama and senior administration officials have repeatedly insisted that they will not act alone to end the program without Congress.
Patents

Patent Trolls On the Run But Not Vanquished Yet 56

Posted by samzenpus
from the don't-forget-the-fire dept.
snydeq writes Strong legislation that will weaken the ability of the trolls to shake down innovators is likely to pass Congress, but more should be done, writes InfoWorld's Bill Snyder. "The Innovation Act isn't an ideal fix for the program patent system. But provisions in the proposed law, like one that will make trolls pay legal costs if their claims are rejected, will remove a good deal of the risk that smaller companies face when they decide to resist a spurious lawsuit," Snyder writes. That said, "You'd have to be wildly optimistic to think that software patents will be abolished. Although the EFF's proposals call for the idea to be studied, [EFF attorney Daniel] Nazer doesn't expect it to happen; he instead advocates several reforms not contained in the Innovation Act."
Patents

Jury Tells Apple To Pay $532.9 Million In Patent Suit 186

Posted by Soulskill
from the or-remit-821,110-iphones dept.
An anonymous reader writes: Smartflash LLC has won a patent lawsuit against Apple over DRM and technology relating to the storage of downloaded songs, games, and videos on iTunes. Apple must now pay $532.9 million in damages. An Apple spokesperson did not hesitate to imply Smartflash is a patent troll: "Smartflash makes no products, has no employees, creates no jobs, has no U.S. presence, and is exploiting our patent system to seek royalties for technology Apple invented. We refused to pay off this company for the ideas our employees spent years innovating and unfortunately we have been left with no choice but to take this fight up through the court system." The trial happened in the same court that decided Apple owed VirnetX $368 million over FaceTime-related patents back in 2012.
Businesses

Lenovo Hit With Lawsuit Over Superfish Adware 114

Posted by samzenpus
from the here-comes-the-trouble dept.
An anonymous reader writes with news that the fallout from the Superfish fiasco might just be starting for Lenovo. "Lenovo admitted to pre-loading the Superfish adware on some consumer PCs, and unhappy customers are now dragging the company to court on the matter. A proposed class-action suit was filed late last week against Lenovo and Superfish, which charges both companies with 'fraudulent' business practices and of making Lenovo PCs vulnerable to malware and malicious attacks by pre-loading the adware. Plaintiff Jessica Bennett said her laptop was damaged as a result of Superfish, which was called 'spyware' in court documents. She also accused Lenovo and Superfish of invading her privacy and making money by studying her Internet browsing habits."
Cellphones

In Florida, Secrecy Around Stingray Leads To Plea Bargain For a Robber 241

Posted by timothy
from the it-looks-just-like-a-snipe dept.
schwit1 writes The case against Tadrae McKenzie looked like an easy win for prosecutors. He and two buddies robbed a small-time pot dealer of $130 worth of weed using BB guns. Under Florida law, that was robbery with a deadly weapon, with a sentence of at least four years in prison. But before trial, his defense team detected investigators' use of a secret surveillance tool, one that raises significant privacy concerns. In an unprecedented move, a state judge ordered the police to show the device — a cell-tower simulator sometimes called a StingRay — to the attorneys. Rather than show the equipment, the state offered McKenzie a plea bargain. Today, 20-year-old McKenzie is serving six months' probation after pleading guilty to a second-degree misdemeanor. He got, as one civil liberties advocate said, the deal of the century.