Macworld is reporting that Apple and AT&T are being sued, again, for the lack of delivery on their 3G network. This follows a long line of other lawsuits in San Jose, San Diego, Alabama, Florida, Texas, and New York "The lawsuit charges the companies with Negligence, Breach of Express Warranty, Breach of Implied Warranty of Merchantability, Unjust Enrichment, Negligent Misrepresentation, Violation of the New Jersey Consumer Fraud Act and Other Similar State Statutes, and Breach of Contract. Dickerson is seeking to force Apple and AT&T to correct its labeling and advertising, as well as to recover compensatory, statutory and punitive damages."

An anonymous reader notes that a legislator in Texas has introduced a bill to require open document formats in all state government business. The bill is carefully worded such that only ODF could pass its test as "open." The story is covered by the Fort Worth Star Telegram, which is careful to be even-handed, giving Microsoft's spokesman equal time. A ZDNet blogger notes that the bill, introduced by a Democrat in a state whose politics is dominated by Republicans, faces chances that "...fall somewhere east of slim and west of none."

NewYorkCountryLawyer writes "The United States Court of Appeals for the Second Circuit has stepped in and issued a temporary stay of the RIAA's subpoena for the identity of a student at the State University of New York in Albany. The student, 'John Doe #3,' had filed an appeal and motion for stay pending appeal, arguing that the appeal 'raises significant issues, some of first impression' (PDF), such as the standards for the use of ex parte procedures for expedited discovery, the scope of the First Amendment right of anonymity over the internet, the scope of the distribution right in copyright law, and the pleading requirements for infringement of such right."

secmartin writes "Researchers at Delft University warn that large parts of the BitTorrent network might collapse if The Pirate Bay is forced to shut down. A large part of the available torrents use The Pirate Bay as tracker, and other available trackers will probably be overloaded if all traffic is shifted there. TPB is currently using eight servers for their trackers. According to the researchers, even trackerless torrents using the DHT protocol will face problems: 'One bug in a DHT sorting routine ensures that it can only "stumble upon success", meaning torrent downloads will not start in seconds or minutes if Pirate Bay goes down in flames.'"

blackbearnh writes "While China is attempting to pull its industry up out of mere manufacturing mode, for now the country is the production workhorse of the consumer electronics industry. Almost anything you pick up at a Best Buy first breathed life across the Pacific Ocean. But what is it like to shepherd a product through the design and production process? Andrew 'bunnie' Huang has done just that with the Chumby, a new Internet appliance. In an interview with O'Reilly Radar, he talks about the logistical and moral issues involved with manufacturing in China, as well as his take on the consumer's right to hack the hardware they purchase."

chaz373 writes "CNET reports that Microsoft is going retail. In the 'Beyond Binary' blog Ina Fried reports, 'After years of brushing off the notion, Microsoft said on Thursday that it will open up its own line of retail stores. Without detailing the plans, Microsoft said it has hired David Porter, a 25-year Wal-Mart veteran, to lead the effort. Sources say that Porter's mission will be to develop the company's retail plans and that the effort is likely to start small with just a few locations.'"

Chris_Jefferson writes "I work on a simple iPhone puzzle game called Combination. Probably the most frequent request I get from users is for an in-game hint system, to help them out on the harder problems. However, when I tried beta testing such a system, almost every user would just hammer the hint button as soon as they got stuck for longer than 30 seconds, spoiling (I believe) their enjoyment of the game. Should games programmers decide they know what's best for users, and not give them features they are crying out for? Has anyone ever seen a good middle-ground, where users are helped, but can't just skip their way through the entire game?" This question can be generalized for just about any game that's being continually developed — where should the game's designer draw the line between responding to feedback and maintaining what they feel is is the greater source of entertainment?

An anonymous reader writes "Tuxradar did some benchmarks comparing Firefox's Windows and Linux JavaScript performance. 'We did some simple JavaScript benchmarks of Firefox 3.0 using Windows and Linux to see how it performed across the platforms — and the results are pretty bleak for Linux.' Later on, they tried Wine. 'The end result: Firefox from Mozilla or from Fedora has almost nil speed difference, and Firefox running on Wine is faster than native Firefox.'"

Electronic Arts has revealed that they are developing a G.I. Joe video game that will be launched alongside the G.I. Joe: Rise of the Cobra movie later this year. According to the announcement, the game "picks up where the live-action movie leaves off, allowing players to re-create and re-live the greatest moments from the film, cartoon series and action figure toy line." The game is planned for the PS2, PS3, PSP, mobile devices, Xbox 360, Wii, and DS. EA confirmed that there would be a co-op mode, but it's unknown whether there will be an online component.

goran72 writes "In a development which could reveal the links between modern humans and their prehistoric cousins, scientists said they have mapped a first draft of the Neanderthal genome. Researchers used DNA fragments extracted from three Croatian fossils to map out more than 60 percent of the entire Neanderthal genome by sequencing three billion bases of DNA."

arcticstoat writes to tell us that Square Enix has been revealed as the potential buyer to Eidos, developer of the Tomb Raider franchise. Eidos had been shedding workers and studios in an attempt for financial stability. This comes alongside news that Midway Games is filing for Chapter 11 bankruptcy in order to stave off creditors while they sort out what's left of their resources. World of Goo publisher Brighter Minds Media also filed for bankruptcy last month. Free Radical, a UK studio recently put in a similar position was snapped up by Crytek, and we discussed news of Sega's financial turmoil as well. It seems that claims from late last year suggesting the games industry may be "recession proof" are quickly being proven wrong, though Kotaku suggests that most of the blame falls on the developers.

Anonymous Pirate writes "Operators of The Pirate Bay stand trial on Monday in Stockholm. The four defendants from the popular file-sharing web site are charged with being accessories to breaking copyright law and may face fines or up to two years in prison if found guilty. The four defendants have run the site since 2004 after it was started in 2003 by the Swedish anti-copyright organization Piratbyrån. The Swedish public service television announced that they are going to send a live audio stream from the trial. It will be broadcast without editing or translation."

jage2 writes "Researchers say they have located the world's oldest stash of marijuana in a tomb in a remote part of China. The cache of cannabis is about 2,700 years old and was clearly 'cultivated for psychoactive purposes,' rather than as fibre for clothing, or as food, says a research paper in the Journal of Experimental Botany. The 789 grams of dried cannabis was buried alongside a light-haired, blue-eyed Caucasian man, likely a shaman of the Gushi culture, near Turpan in northwestern China."