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Submission + - Websites Don't Have to Remove Defamatory Comments (internetcases.com)

Submitted by DustyShadow
DustyShadow writes: In the case of Blockowicz v. Williams, The US Seventh Circuit Court of Appeals refused to force Ripoff Report to remove allegedly defamatory comments posted by a user. The Ripoff Report has a well-publicized no-takedown policy, even if the author wants to remove his/her post, so the Ripoff Report refused. The Blockowiczs then claimed that the Ripoff Report violated FRCP 65(d) because the Ripoff Report was "in active concert or participation" with the initial posters by refusing the injunction's removal order. The district court (and the Court of Appeals) disagreed with the Blockowiczs. Absent the "active concert or participation," the website was outside the court's control. Ripoff Report has released a statement concerning this case: "In keeping with our core mission of protecting speech to the fullest extent of the law, we decided that it was not just our right but also our duty to ask questions and dig deeper before we could comply with such an order. Other sites claim they support free speech, but when the going gets rough, they will usually protect their bottom line rather than the Constitutional rights and freedoms this country was founded upon. Unlike other sites, even when the speech involved is harsh or negative and even if our position sometimes generates negative press for us, we think that the First Amendment requires us to put our principles before our pocketbook and fight against censorship."

Comment Re:Domain seizure? (Score 1) 161

by DustyShadow (#34539322) Attached to: Righthaven Sues For Control of Drudge Report Domain

Do they really think transferring the domain into their control is even remotely likely? It's one thing when you're talking about a torrent tracker where an injunction alone is unlikely to prevent future infringement. But if the court tells Matt Drudge to take down that photo, I'm pretty sure he'll take it down (once his appeals are exhausted).

Judges have been known to do even dumber things. Why not try it out and hope you got a dumb one?

Comment Re:Copyrighted Image (Score 1) 161

by DustyShadow (#34539224) Attached to: Righthaven Sues For Control of Drudge Report Domain
The image may very well be copyrighted. However, since both sides are news outlets, Drudge has more than valid claim to fair use of the image. Especially considering that the image was likely only one small part of the article that he linked to. If Righthaven wins on this case, then it may as well go after Google News next (it has snippits AND images). But hasn't that already been tried??

Submission + - Intellectual Ventures Files Three Patent Lawsuits (informationweek.com)

Submitted by DustyShadow
DustyShadow writes: After a decade of stockpiling thousands of patents and using them to force huge payments privately from alleged infringers, Intellectual Ventures went public this week and filed infringement cases against nine large high technology companies. Complaints in the software security industry were filed against Check Point Software Technologies, McAfee, Symantec, and Trend Micro. In the DRAM and flash memory segment, the companies targeted are Elpida Memory and Hynix Semiconductor. FPGA industry companies named in the complaints are Altera, Lattice Semiconductor, and Microsemi. Intellectual Ventures indicated that the complaint against Microsemi may be based on that firm's acquisition of Actel its FPGA business.

Submission + - DHS Seizes 75+ Domain Names (torrentfreak.com) 2

Submitted by PatPending
PatPending writes: FTFA: The investigative arm of the Homeland Security Department appears to be shutting down websites that facilitate copyright infringement. Immigration and Customs Enforcement (ICE) has seized dozens of domain names over the past few days, according to TorrentFreak. ICE appears to be targeting sites that help Internet users download copyrighted music, as well as sites that sell bootleg goods, such as fake designer handbags. The sites are replaced with a note from the government: "This domain named has been seized by ICE, Homeland Security Investigations."
Patents

Submission + - Supreme Court Fails to Eliminate Software Patents (patentlyo.com)

Submitted by DustyShadow
DustyShadow writes: The Supreme Court today affirmed the Federal Circuit's decision in Bilski v. Kappos, which held that the risk-management method was not the type of innovation that may be patented. "However, the machine-or-transformation test is not the sole test for determining patentability. In general, the opinion offers no clarity or aid for those tasked with determining whether a particular innovation falls within Section 101. The opinion provides no new lines to be avoided. Rather, the outcome from the decision might be best stated as "business as usual."
User Journal

Journal Journal: Metamod one self? 1

Journal by Lorens

I just metamodded myself. Methinks that should not be possible. Of course I said I was informative :-)

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