The hysteria over tonight's launch of the latest Harry Potter book has been covered to death in many places, but it still amazes us how ridiculous JK Rowling and her entourage are about the way they view intellectual property surrounding the books. Rowling has said she's against putting out an eBook because it would be pirated, even though that makes almost no sense. The book gets scanned and put online anyway, meaning anyone who finds it more convenient to read an electronic copy has to get an unauthorized copy rather than paying for a legitimate copy. And, of course, even booksellers are pointing out that they're unlikely to lose a single sale over scanned versions that are found online.

However, the Potter crew is still going nuts over the secrecy of the book, claiming intellectual property rights that they don't actually have. It's no secret that there's an extensive process that the publisher makes booksellers go through to avoid an "early" leak of the books, but what happens if a legitimate copy of the book actually does get out? That's what happened when an engineer received a copy of the book earlier this week when an online bookstore accidentally shipped it out early. He quickly (and smartly) put it up on eBay where the price shot up to $250... and then, JK Rowling's lawyer demanded eBay take the auction down as infringing on its rights. What rights? That's not clear. The book is legitimate. The sale to the guy was legitimate. The bookseller may have violated an embargo from the publisher, but that's between the bookseller and the publisher -- not the guy who ended up with the book. Once the book has gone out to the guy he has every right to sell it, and JK Rowling's lawyer was wrong for demanding it be taken down and eBay was wrong in agreeing to take it down. This is simply a case where they seem to be claiming copyright privileges that simply don't exist.

Filed under: Gaming

After some turbulent hours of confusion over this story, Sony finally got its facts straight and let the world know that it is in fact not going to discontinue its 60GB PS3 in US once current stock runs out. According to SCEA's Dave Karraker, "As announced this week, SCEA's product offering in North America consists of a 80GB PS3 available in August at $599 and a 60GB PS3 available now for $499. We have will have ample supplies of both models to meet the needs of our consumers for the foreseeable future." Apparently the confusion arose from Sony Europe's David Reeves explaining that if they cut the 60GB price in Europe, they'd run out of stock in Europe by the end of July. So, false alarm people, please resume buying / not buying your $499 60GB PS3s in an orderly manner.

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

The Secret Service has busted four people in Florida, and recovered 200,000 credit cards from the TJX breach that was disclosed earlier this year. Recovering the credit-card numbers at this point does little more than link the fraudsters to the breach, but they're said to have been used to rack up more than $75 million in fraudulent charges. The people busted here didn't apparently participate in the theft of the credit-card data, but bought them from "known cybercriminals in Eastern Europe" and then used the numbers to make counterfeit cards. In any case, they're way more productive than another group of Florida scammers busted back in March, who only managed to rack up $8 million worth of goods at Sam's and Wal-Mart. Since banks get left holding the bag for this type of fraud, expect more lawsuits as they look to recover their losses from TJX's astounding level of incompetence.

Filed under: Home Entertainment, Portable Audio

It's been two years since Sony BMG got hit with a number of class action lawsuits for shipping CDs that stealthily installed malware DRM on Windows machines without user permission, and it looks like the company is trying to get back the $5.75M it lost replacing affected discs by suing Amergence, the developer of MediaMax, one of the two DRM systems Sony was using at the time. MediaMax is unrelated to XCP, the infamous "rootkit" DRM at the center of the controversy, but it also installed itself on a user's machine without permission and opened a major security hole, leading Sony to recall both XCP and MediaMax-protected CDs. For its part, Amergence (which used to be called SunnComm) claims that XCP was the real problem and that Sony BMG's demand for final authority over MediaMax's functional specifications insulate it from any liability -- arguments that don't seem like they'll cause any consternation for Sony's legal team.

DIsclaimer: Although the author of this post is an attorney, it is not legal advice or analysis and should not be construed as such.

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!