Forgot your password?
typodupeerror

Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

United States

Navy Guilty of Illegally Broad Online Searches: Child Porn Conviction Overturned 140

Posted by samzenpus
from the looking-too-far dept.
An anonymous reader writes In a 2-1 decision, the 9th Circuit Court ruled that Navy investigators regularly run illegally broad online surveillance operations that cross the line of military enforcement and civilian law. The findings overturned the conviction of Michael Dreyer for distributing child pornography. The illegal material was found by NCIS agent Steve Logan searching for "any computers located in Washington state sharing known child pornography on the Gnutella file-sharing network." The ruling reads in part: "Agent Logan's search did not meet the required limitation. He surveyed the entire state of Washington for computers sharing child pornography. His initial search was not limited to United States military or government computers, and, as the government acknowledged, Agent Logan had no idea whether the computers searched belonged to someone with any "affiliation with the military at all." Instead, it was his "standard practice to monitor all computers in a geographic area," here, every computer in the state of Washington. The record here demonstrates that Agent Logan and other NCIS agents routinely carry out broad surveillance activities that violate the restrictions on military enforcement of civilian law. Agent Logan testified that it was his standard practice to "monitor any computer IP address within a specific geographic location," not just those "specific to US military only, or US government computers." He did not try to isolate military service members within a geographic area. He appeared to believe that these overly broad investigations were permissible, because he was a "U.S. federal agent" and so could investigate violations of either the Uniform Code of Military Justice or federal law."
Government

NSA Metadata Collection Gets 90-Day Extension 57

Posted by Soulskill
from the you-can-trust-us-for-90-more-days dept.
schwit1 sends word that the Foreign Intelligence Surveillance Court has authorized a 90-day extension to the NSA's ability to collect bulk metadata about U.S. citizens' phone calls. In April, the House of Representatives passed a bill to limit the NSA's collection of metadata, but the Senate has been working on their version of the bill since then without yet voting on it. Because of this, and the alleged importance of continuing intelligence operations, the government sought a 90-day reauthorization of the current program. The court agreed. Senator Patrick Leahy said this clearly demonstrates the need to get this legislation passed. "We cannot wait any longer, and we cannot defer action on this important issue until the next Congress. This announcement underscores, once again, that it is time for Congress to enact meaningful reforms to protect individual privacy.
Privacy

Justice Sotomayor Warns Against Tech-Enabled "Orwellian" World 152

Posted by Soulskill
from the trading-privacy-for-convenience dept.
An anonymous reader writes: U.S. Supreme Court Justice Sonia Sotomayor spoke on Thursday to faculty and students at the University of Oklahoma City about the privacy perils brought on by modern technology. She warned that the march of technological progress comes with a need to enact privacy protections if we want to avoid living in an "Orwellian world" of constant surveillance. She said, "There are drones flying over the air randomly that are recording everything that's happening on what we consider our private property. That type of technology has to stimulate us to think about what is it that we cherish in privacy and how far we want to protect it and from whom. Because people think that it should be protected just against government intrusion, but I don't like the fact that someone I don't know can pick up, if they're a private citizen, one of these drones and fly it over my property."
Patents

Software Patents Are Crumbling, Thanks To the Supreme Court 107

Posted by Soulskill
from the system-and-method-for-smacking-trolls dept.
walterbyrd writes: In June, when the U.S. Supreme Court invalidated a software patent, many in the tech industry hoped it would be the beginning of sweeping changes to how the patent system handles software. Just a few months later, lower courts are making it happen. Quoting Vox: "By my count there have been 10 court rulings on the patentability of software since the Supreme Court's decision — including six that were decided this month. Every single one of them has led to the patent being invalidated. This doesn't necessarily mean that all software patents are in danger — these are mostly patents that are particularly vulnerable to challenge under the new Alice precedent. But it does mean that the pendulum of patent law is now clearly swinging in an anti-patent direction. Every time a patent gets invalidated, it strengthens the bargaining position of every defendant facing a lawsuit from a patent troll." Meanwhile, the Washington Post reports on alleged corruption in the U.S. Patent and Trademark Office.
Microsoft

Windows Tax Shot Down In Italy 396

Posted by timothy
from the note-that-it's-not-a-tax dept.
An anonymous reader writes Italy's High Court has struck a blow to the practice of forcing non-free software on buyers of PCs and laptops. According to La Repubblica, the court ruled on Thursday that a laptop buyer was entitled to receive a refund for the price of the Microsoft Windows license on his computer. The judges sharply criticised the practice of selling PCs only together with a non-free operating system as "a commercial policy of forced distribution". The court slammed this practice as "monopolistic in tendency." It also highlighted that the practice of bundling means that end users are forced into using additional non-free applications due to compatibility and interoperability issues, whether they wanted these programs or not. "This decision is both welcome and long overdue", said Karsten Gerloff, President of the Free Software Foundation Europe. "No vendor should be allowed to cram non-free software down the throats of users."
Google

German Court: Google Must Stop Ignoring Customer E-mails 282

Posted by samzenpus
from the I-won't-be-ignored dept.
jfruh writes If you send an email to support-de@google.com, Google's German support address, you'll receive an automatic reply informing you that Google will not respond to or even read your message, due to the large number of emails received at that address. Now a German court has ruled (PDF) that this is an unacceptable response, based on a German law saying that companies must provide a means for customers to communicate with them. Update: 09/12 15:47 GMT by S : Updated to fix the links.
United States

U.S. Threatened Massive Fine To Force Yahoo To Release Data 222

Posted by timothy
from the your-government-at-work dept.
Advocatus Diaboli writes The U.S. government threatened to fine Yahoo $250,000 a day in 2008 if it failed to comply with a broad demand to hand over user data that the company believed was unconstitutional, according to court documents unsealed Thursday that illuminate how federal officials forced American tech companies to participate in the NSA's controversial PRISM program. The documents, roughly 1,500 pages worth, outline a secret and ultimately unsuccessful legal battle by Yahoo to resist the government's demands. The company's loss required Yahoo to become one of the first to begin providing information to PRISM, a program that gave the National Security Agency extensive access to records of online communications by users of Yahoo and other U.S.-based technology firms.
Books

Top EU Court: Libraries Can Digitize Books Without Publishers' Permission 100

Posted by samzenpus
from the go-ahead-and-scan dept.
jfruh writes The top European court has ruled that libraries have the right to digitize the contents of the books in their collections, even if the copyright holders on those books don't want them to. There's a catch, though: those digitized versions can only be accessed on dedicated terminals in the library itself. If library patrons want to print the book out or download it to a thumb drive, they will need to pay the publisher.
Transportation

Text While Driving In Long Island and Have Your Phone Disabled 362

Posted by Soulskill
from the how-about-a-self-destruct-feature dept.
An anonymous reader writes: A District Attorney in Long Island, NY is stepping up efforts to combat distracted driving. Kathleen Rice says motorists who are caught texting while driving should have hardware or apps installed on their phone to prevent them from using it at all while driving. She likened such barriers to the ignition interlock devices that prevent people convicted of drunk driving from using their cars unless they're sober. "Hardware and software solutions that block texting during driving are currently produced by various manufacturers and software developers, and are constantly under development. The DA's office does not endorse any particular company and is in the process of reviewing specific solutions based on their features and services. Critical features include security measures to make the solutions tamper-proof, and data integrity measures to ensure accurate reporting to courts, law enforcement, parents, and guardians." New York is one of many states who already have laws banning all handheld use while driving.
Microsoft

Microsoft Agrees To Contempt Order So It Can Appeal Email Privacy Case 122

Posted by Soulskill
from the fighting-the-privacy-fight dept.
An anonymous reader writes: Microsoft made news some weeks ago for refusing to hand over customer emails stored on its Dublin, Ireland servers to the U.S. government. The district judge presiding over the case agreed with the government and ordered Microsoft to comply with its demands. On Monday, Microsoft struck a deal with the U.S. government in which the company would be held on contempt charges but would not be penalized for it until after the outcome of an appeal. The district judge endorsed the agreement (PDF) on Thursday.
Microsoft

Microsoft Takes Down Slideshow-Building Tool After Getty Images Lawsuit 81

Posted by samzenpus
from the big-and-small-pictures dept.
jfruh writes Slideshows are an increasingly popular (and, for publishers, lucrative) web content genre. So why not automate their production? Microsoft had a beta tool that was part of Bing Image Search that did just that, but took it down in the face of a lawsuit from Getty Images. It turns out that, unlike a human web content producer, Bing couldn't distinguish between images publishers have the rights to use and images they didn't.
The Courts

Feds Say NSA "Bogeyman" Did Not Find Silk Road's Servers 142

Posted by samzenpus
from the try-and-try-again dept.
An anonymous reader writes The secret of how the FBI pinpointed the servers allegedly used by the notorious Silk Road black market website has been revealed: repeated login attempts. In a legal rebuttal, the FBI claims that repeatedly attempting to login to the marketplace revealed its host location. From the article: "As they typed 'miscellaneous' strings of characters into the login page's entry fields, Tarbell writes that they noticed an IP address associated with some data returned by the site didn't match any known Tor 'nodes,' the computers that bounce information through Tor's anonymity network to obscure its true source. And when they entered that IP address directly into a browser, the Silk Road's CAPTCHA prompt appeared, the garbled-letter image designed to prevent spam bots from entering the site. 'This indicated that the Subject IP Address was the IP address of the SR Server,' writes Tarbell in his letter, 'and that it was "leaking" from the SR Server because the computer code underlying the login interface was not properly configured at the time to work on Tor.'"
Microsoft

Protesters Blockade Microsoft's Seattle Headquarters Over Tax Breaks 246

Posted by timothy
from the orchestrated-outrage-on-display dept.
reifman (786887) writes "A thousand unionized healthcare workers protested outside Microsoft's Seattle offices over its Nevada tax dodge on Friday. Microsoft shareholders have pocketed more than $5.34 billion in tax savings as Washington State social services and schools have taken huge cuts. In a hearing Wednesday, the Supreme Court suggested it may hold the Legislature in contempt and order it to repeal all tax breaks to restore proper funding to K-12 schools and universities." I suspect Microsoft's lawyers are careful to engage in legal tax avoidance rather than illegal tax evasion. Geekwire notes "The South Lake Union satellite facility is not a major office for Microsoft, compared to its presence in Redmond. It’s not clear why the workers didn’t protest at Microsoft headquarters."
HP

Silicon Valley Fights Order To Pay Bigger Settlement In Tech Talent Hiring Case 200

Posted by timothy
from the political-economy dept.
The Washington Post carries a story from the Associated Press that says the big companies hit hardest by Judge Lucy Koh's ruling in the "No Poaching" case have not suprisingly appealed that ruling, which found that a proposed settlement of $324.5 million to a class-action lawsuit was too low. The suit, filed on behalf of 60,000 high-tech workers allegedlly harmed by anti-competitive hiring practices, will probably enter its next phase next January or March. (Judge Koh is probably not very popular at Apple in particular.) If you're one of those workers (or in an analogous situation), what kind of compensation or punitive action do you think is fair?
Music

Deadmau5 Accuses Disney of Pirating His Music 137

Posted by timothy
from the could-have-become-a-doctor dept.
An anonymous reader writes After Disney objected to musician Joel Zimmerman [aka Deadmau5]'s trademark application in the U.S. (his logo is already properly trademarked in many other countries), a battle of trademarks and copyrights ensued. Apparently, Disney was (URL has since been disabled, as per DMCA law requires) hosting a video containing a remix of music which Zimmerman claims ownership of. Not only that, but the Deadmau5 logo was prominently displayed next to said video. The mouse fight was on and a few hours ago Deadmau5 retaliated with a rather surprising counter attack. As it turns out, Disney is hosting a Deadmau5 video on their website, without permission. "Disney prominently features the deadmau5 Mark next to the Infringing Video. implying a non-existent endorsement by Zimmerman," the letter reads. "Again. we are unaware of any license allowing you the right to reproduce, distribute or otherwise exploit the deadmau5 Mark or to exploit Zimmerman's name and likeness in connection with same." At the time of writing Disney hasn't complied with the request, but it seems that they have no other option than to comply. Whether it will change anything in their stance towards the DJ's mouse ear trademark application is doubtful though.
Games

DMCA Claim Over GPL Non-Compliance Shuts Off Minecraft Plug-Ins 354

Posted by timothy
from the granting-license dept.
New submitter Maxo-Texas writes One of the primary programmers, Wesley Wolfe (Wolvereness), who contributed over 23,000 lines of code to the Bukkit project (which enhances Minecraft server performance and allows others to write mods and plugins) submitted a DMCA request September 5th, preventing use of his code in the popular Bukkit or Spigot (and numerous other Minecraft plugins, mods, and other open source enhancements that depend on them). This has the effect of freezing all further development for multi-player server Minecraft based on these add-ons until the issue is resolved.

The programmer says that Mojang must release the Minecraft server code to the public domain since decompiled, deobfuscated versions of the Java code are included in the Bukkit project before he will withdraw the DMCA. Mojang has never released the real source code and has stated they will not open source the server code to meet the GPL and LGPL licensing requirements. This approach might be a risk for other GPL and LGPL projects out there which are derivative of or enhance non GPL programs or products.
Mojang COO Vu Bui writes in a post at the Bukkit forums The official Minecraft Server software that we have made available is not included in CraftBukkit. Therefore there is no obligation for us to provide the original code or any source code to the Minecraft Server, nor any obligation to authorize its use. Our refusal to make available or authorize the use of the original / source code of the Minecraft Server software cannot therefore be considered to give rise to an infringement of any copyright of Wesley, nor any other person. Wesley’s allegations are therefore wholly unfounded.
Cellphones

NVIDIA Sues Qualcomm and Samsung Seeking To Ban Import of Samsung Phones 110

Posted by samzenpus
from the sue-baby-sue dept.
Calibax writes NVIDIA has filed complaints against Samsung and Qualcomm at the ITC and in the U.S. District court in Delaware. The suit alleges that the companies are both infringing NVIDIA GPU patents covering technology including programmable shading, unified shaders and multithreaded parallel processing. NVIDIA is seeking damages and a ban on U.S. import of a number of devices with Snapdragon and Exynos processors until there is an agreement on licensing.
Your Rights Online

After Celebrity Photo Leaks, 4chan Introduces DMCA Policy 134

Posted by timothy
from the they'll-get-right-on-that dept.
davidshenba writes In the wake of leaked private photos of celebrities, 4chan has added Digital Millennium Copyright Act (DMCA) takedown policy to its rules and policies. Under this new policy, the site will remove any notified and verified "infringement." It is not clear how effective this could be, or how 4chan is going to handle the inflow of notifications to restrict the content provided by users.
Censorship

MetaFilter Founder Says Vacation Firm Forged Court Docs To Scotch Review 116

Posted by timothy
from the but-such-a-nice-film-festival dept.
IonOtter (629215) writes Matt Haughey, founder of MetaFilter, has challenged a Cease & Desist letter from Sundance Vacations, a seller of time-shares with a reputation for aggressive sales tactics and suppression of criticism. Only this time, it seems that the plaintiff may have forged court documents ordering Mr. Haughey, Facebook, Google, Yahoo, Bing and other search engines to remove any and all mentions of the links and posts in question. Legal blog Popehat has picked this up as well, prompting Ken White to wryly note, "...Sundance Vacations is about to learn about the Streisand Effect." The story is gaining traction, and being picked up by Boing-Boing, as well as hitting the first page of search results on Google.
The Courts

Appeals Court Clears Yelp of Extortion Claims 63

Posted by timothy
from the 5-stars-for-marsha-berzon dept.
jfruh writes A U.S. appeals court cleared Yelp of charges of extortion related to its interaction with several small businesses who claim Yelp demanded that they pay for advertising or face negative reviews. While Yelp says it never altered a business rating for money, the court's finding was instead based on a strict reading of the U.S. extortion law, classifying Yelp's behavior as, at most, "hard bargaining." Interestingly, the EFF supported Yelp here, arguing that "Section 230 of the Communications Decency Act (CDA) protects online service providers from liability and lawsuits over user-generated content, except in very narrow circumstances where the providers created or developed content themselves. In its amicus brief, EFF argued that mere conjecture about contributing content – like there was in this case – is not enough to allow a lawsuit to go forward."

Only God can make random selections.

Working...