roju writes "Cory Doctorow is reporting on a leaked copy of the 'internet enforcement' portion of the Anti-Counterfeiting Trade Agreement. He describes it as reading like a 'DMCA-plus' with provisions for third-party liability, digital locks, and 'a duty to technology firms to shut down infringement where they have "actual knowledge" that such is taking place.' For example, this could mean legal responsibility shifting to Apple for customers copying mp3s onto their iPods." Adds an anonymous reader, "Michael Geist points out that the leaks demonstrate that ACTA would create a Global DMCA and move toward a three-strikes-and-you're-out system. While the US has claimed that ACTA won't establish a mandatory three strikes system, it specifically uses three-strikes as its model."

BanjoTed writes "In a move to counter sales of pre-owned games, EA recently revealed DLC perks for those who buy new copies of Mass Effect 2 and Battlefield: Bad Company 2. Now, PlayStation platform holder Sony has jumped on the bandwagon with similar plans for the PSP's SOCOM: Fireteam Bravo 3. '[Players] will need to register their game online before they are able to access the multiplayer component of the title. UMD copies will use a redeemable code while the digital version will authenticate automatically in the background. Furthermore ... anyone buying a pre-owned copy of the game will be forced to cough up $20 to obtain a code to play online."

Lauren Weinstein sends in news of a major and disturbing Microsoft anti-piracy initiative called Windows Activation Technologies, or WAT. Here is Microsoft's blog post giving their perspective on what WAT is for. From Lauren's blog: "The release of Windows 7 'Update for Microsoft Windows (KB71033)' will change the current activation and anti-piracy behavior of Windows 7 by triggering automatic 'phone home' operations over the Internet to Microsoft servers, typically for now at intervals of around 90 days. ... These automatic queries will repeatedly — apparently for as long as Windows is installed — validate your Windows 7 system against Microsoft's latest database of pirated system signatures (currently including more than 70 activation exploits known to Microsoft). If your system matches — again even if up to that time (which could be months or even years since you obtained the system) it had been declared to be genuine — then your system will be 'downgraded' to 'non-genuine' status until you take steps to obtain what Microsoft considers to be an authentic, validated, Windows 7 license. ... KB971033... is scheduled to deploy to the manual downloading 'Genuine Microsoft Software' site on February 16, and start pushing out automatically through the Windows Update environment on February 23. ... [F]or Microsoft to assert that they have the right to treat ordinary PC-using consumers in this manner — declaring their systems to be non-genuine and downgrading them at any time — is rather staggering." Update: 02/12 02:08 GMT by KD : Corrected the Microsoft Knowledge Base number to include a leading 9 that had been omitted in the pre-announcement, per L. Weinstein.

NewYorkCountryLawyer writes "Not satisfied with the reduced $54,000 verdict which the Judge allowed it in Capitol Records v. Thomas-Rasset, representing approximately 6500 times the amount of their actual damages, the RIAA has decided to take its chances on a third trial, at which it could only win a verdict that is equal to, or less than, $54,000. Since a 3rd trial in and of itself makes no economic sense, and since the RIAA's lawyers inappropriately added 7 pages of legal argument to their 'notice', it can only be assumed that the reason they are opting for a 3rd trial is to hope that they can somehow bait the Judge into making an error that will help them on an appeal."

Hugh Pickens writes "The Raw Story reports that terrorists who want to overthrow the United States government must now register with South Carolina's Secretary of State and declare their intentions — or face a $25,000 fine and up to 10 years in prison. The 'Subversive Activities Registration Act' passed last year in South Carolina and now officially on the books states that 'every member of a subversive organization, or an organization subject to foreign control, every foreign agent and every person who advocates, teaches, advises or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States ... shall register with the Secretary of State.'"

angry tapir writes "Sony has announced a new 3D Blu-ray Disc player and upgrades to existing players so that they will be able to show high-definition 3D movies too. The company introduced the BDP-S470 Blu-ray Disc model and upgraded existing home theater systems, which will be able to play Blu-ray movies when related firmware for the devices is released later this year. Movies based on the Blu-ray 3D specification, which was finalized by the Blu-ray Association in December, can be shown on the players."

Several readers have sent word that George Hotz (a.k.a. geohot), the hacker best known for unlocking Apple's iPhone, says he has now hacked the PlayStation 3. From his blog post: "I have read/write access to the entire system memory, and HV level access to the processor. In other words, I have hacked the PS3. The rest is just software. And reversing. I have a lot of reversing ahead of me, as I now have dumps of LV0 and LV1. I've also dumped the NAND without removing it or a modchip. 3 years, 2 months, 11 days...that's a pretty secure system. ... As far as the exploit goes, I'm not revealing it yet. The theory isn't really patchable, but they can make implementations much harder. Also, for obvious reasons I can't post dumps. I'm hoping to find the decryption keys and post them, but they may be embedded in hardware. Hopefully keys are setup like the iPhone's KBAG."

spagiola passes along a New York Times piece on the copyright travails of Sherlock Holmes. "At his age [123 years], Holmes would logically seem to have entered the public domain. But not only is the character still under copyright in the United States, for nearly 80 years he has also been caught in a web of ownership issues so tangled that Professor Moriarty wouldn't have wished them upon him."

NewYorkCountryLawyer writes "After Starr v. SONY BMG Music Entertainment was dismissed at the District Court level, the antitrust class action against the RIAA has been reinstated by the US Court of Appeals for the Second Circuit. In its 25-page opinion (PDF), the Appeals court held the following allegations sufficiently allege antitrust violations: 'First, defendants agreed to launch MusicNet and pressplay, both of which charged unreasonably high prices and contained similar DRMs. Second, none of the defendants dramatically reduced their prices for Internet Music (as compared to CDs), despite the fact that all defendants experienced dramatic cost reductions in producing Internet Music. Third, when defendants began to sell Internet Music through entities they did not own or control, they maintained the same unreasonably high prices and DRMs as MusicNet itself. Fourth, defendants used MFNs [most favored nation clauses] in their licenses that had the effect of guaranteeing that the licensor who signed the MFN received terms no less favorable than terms offered to other licensors. For example, both EMI and UMG used MFN clauses in their licensing agreements with MusicNet. Fifth, defendants used the MFNs to enforce a wholesale price floor of about 70 cents per song. Sixth, all defendants refuse to do business with eMusic, the #2 Internet Music retailer. Seventh, in or about May 2005, all defendants raised wholesale prices from about $0.65 per song to $0.70 per song. This price increase was enforced by MFNs.'"

jerryasher writes "In recent weeks I've noticed that when I copy and paste text from Wired and other websites, the pasted text has had the URL of the original website appended to it. Cool, and utterly annoying, and how do I make that stop? Tynt Insight is a piece of Javascript that sends what you copy to Tynt's webservers and adds the backlinks. Tynt calls that a service for the site owner, many people call that a privacy invasion. Worse, there are some reports that it sends not just what you copy, but everything you select. And Tynt provides no opt outs. Not cookie-based, not IP-based, but stop-it-you-creeps-angry-phone-call-based. It ain't a pure useful service, and it ain't a pure privacy invasion. But I sure wish they'd go away or have had the decency never to start up in the first place. I block it on Firefox with Ghostery."

Today Cryptic Studios will begin the open beta of Star Trek Online, opening their test servers to invitees and anyone who has pre-ordered the game. The beta will run through the 26th, and the game will officially launch on February 2nd; head-start players will be allowed in on January 29th. The game is set in the old universe (not the rebooted one from last year's movie), and takes place roughly 30 years after the events in Star Trek: Nemesis. There are two playable factions to start — the Federation and the Klingon Empire — and more may become available later on. There will be conflict between the two factions, but supposedly all PvP will be "optional and consensual." Players will be able to choose from a variety of ships, and they'll see cameos from familiar characters. Eurogamer has a hands-on preview of the game, and fans of the Trek universe will be pleased to hear that "Cryptic is clearly thinking about Star Trek first and MMO convention second." A number of gameplay trailers are available for viewing, and the official forums have a nice collection of facts.

Fraggy_the_undead writes "According to German IT news site heise.de, yesterday several 3D showings of Avatar couldn't take place (German; Google translation to English), because the movies were DRM protected such that there had to be a key per copy of the film, per film projector, and per movie server in the theater. The key supplier, by the name Deluxe, was apparently unable to provide a sufficient number of valid keys in time. Moviegoers were offered to get a refund or view an analogue 2D showing instead."

An anonymous reader writes "So far, there are over 35 pages of people posting about why EA released Pandemic Studios' final game, Saboteur, to first the EU on December 4th and then, after knowing full well it did not work properly, to the Americas on December 8th. They have been promising to work on a patch that is apparently now in the QA stage of testing. It is not a small bug; rather, if you have an ATI video card and either Windows 7 or Windows Vista, the majority (90%) of users have the game crash after the title screen. Since the marketshare for ATI is nearly equal to that of Nvidia, and the ATI logo is adorning the front page of the Saboteur website, it seems like quite a large mistake to release the game in its current state."

Last month we discussed news that Microsoft had banned hundreds of thousands of Xbox users for using modified consoles. The Electronic Frontier Foundation has now pointed to this round of bans as a prime example of the power given to providers of online services through 'Terms of Service' and other usage agreements. "No matter how much we rely on them to get on with our everyday lives, access to online services — like email, social networking sites, and (wait for it) online gaming — can never be guaranteed. ... he who writes the TOS makes the rules, and when it comes to enforcing them, the service provider often behaves as though it is also the judge, jury and executioner. ... While the mass ban provides a useful illustration of their danger, these terms can be found in nearly all TOS agreements for all kinds of services. There have been virtually no legal challenges to these kinds of arbitrary termination clauses, but we imagine this will be a growth area for lawyers."

coaxial writes "In Denmark, it's legal to make copies of commercial videos for backup or other private purposes. It's also illegal to break the DRM that restricts copying of DVDs. Deciding to find out which law mattered, Henrik Anderson reported himself for 100 violations of the DRM-breaking law (he ripped his DVD collection to his computer) and demanded that the Danish anti-piracy Antipiratgruppen do something about it. They promised him a response, then didn't respond. So now he's reporting himself to the police. He wants a trial, so that the legality of the DRM-breaking law can be tested in court."