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Submission Summary: 0 pending, 23 declined, 20 accepted (43 total, 46.51% accepted)

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Censorship

Submission + - Psychologists slam WP's Rorschach "cheat sheat (nytimes.com)

langelgjm writes: The New York Times reports that Wikipedia is attracting criticism from many psychologists after having published images of the ten standard Rorschach inkblots, along with the most common responses given for each. Swiss psychologist Hermann Rorschach created the inkblot test in the 1920s, and the test is still widely used in the mental health field.

Several vocal psychologists have argued that posting the inkblots is potentially harming scientific research. Bruce L. Smith, president of the International Society of the Rorschach and Projective Methods, says "The more test materials are promulgated widely, the more possibility there is to game it." But James Heilman, an emergency room doctor who originally posted the inkblots on Wikipedia, counters by suggesting that "If someone had previous knowledge of the eye chart, you can go to the car people, and you could recount the chart from memory. You could get into an accident. Should we take it down from Wikipedia?"

Despite the fact that the images themselves are no longer under copyright, a German publishing company has stated that they are considering legal action against Wikimedia.

Privacy

Submission + - SCOTUS Rules Strip Search of Girl Unconstitutional (nytimes.com)

langelgjm writes: In a case of interest to many readers, the Supreme Court ruled today in an 8 to 1 decision that the strip search of a 13 year old girl in an Arizona middle school violated the girl's 4th amendment rights. "The officials in Safford, Ariz., would have been justified in 2003 had they limited their search to the backpack and outer clothing of Savana Redding, who was in the eighth grade at the time, the court ruled. But in searching her undergarments, they went too far," the justices said. Slashdot last reported on this story when the Supreme Court first agreed to hear the case in March. According to the article, "Thursday's ruling sends the case back to the lower courts to assess what damages, if any, should be paid by the school district. But, by a vote of 7 to 2, the Supreme Court held that the individual officials in the case should not be held liable." Justice Clarence Thomas was the lone dissenter.
Government

Submission + - Obama taps IBM Open Source Advocate for USPTO (uspto.gov)

langelgjm writes: President Obama has announced his intent to nominate David Kappos, a VP and general counsel at IBM, to head the US Patent and Trademark Office. This move is particularly notable not only because of IBM's much friendlier attitudes towards open source compared with some of their rivals, but also because Kappos himself is open source-friendly: "We are now the biggest supporters of the open source development project," explains David. "Admittedly this policy is not easily reconcilable with our traditional IP strategy, but we are convinced that it is the way to go for the future."

Not just a lawyer, Kappos earned an engineering degree before working in the legal field. Kappos has been described as "critical of the American approach to patent policy." Given his background, could this mean a new era for US patent policy?

Government

Submission + - James Boyle on Obama's Copyright Policies (ft.com)

langelgjm writes: Duke Law School Professor James Boyle has a column in today's Financial Times discussing the Obama Administration's approach to copyright policy thus far. In his analysis, the question is not whether copyright policy will be approached in an evenhanded manner, but rather "precisely how dogmatic the representation of intellectual property holders should be. The idea that intellectual property policy might actually require a balance between multiple interests, including some who are not rights holders, has apparently been abandoned."

However, one of the most stunning positions taken by the administration is its opposition to a proposal by the World Blind Union on copyright exceptions for the visually impaired. The proposed treaty for the visually impaired on the harmonization of limitations and exceptions to copyright could vastly expand the amount of written material available to blind and partially sighted people. Boyle notes that the U.S. and EU's opposition to the treaty "puts one in the embarrassing position of — ever so pragmatically — sacrificing one's blind citizens to an industry agenda."

The Courts

Submission + - Visualizing the Ideological History of SCOTUS (scotusscores.com)

langelgjm writes: An interesting exercise in quantifying and visualizing ideological shifts, the website ScotusScores.com tracks changes in the ideological history of the U.S. Supreme Court from 1937 to 2007. Ideological positions are quantified using Martin-Quinn scores, and the chart highlights the often bumpy transitions (Thurgood Marshall to Clarence Thomas), as well tendencies within each Justice's career.
Earth

Submission + - Ancient Fossil Offers Clues to Primate Evolution (nytimes.com)

langelgjm writes: Yesterday, the New York Times reported on the unveiling of a 47 million year-old fossil at the Museum of Natural History. Discovered two years ago, the exquisitely preserved specimen is not a direct ancestor of monkeys and humans, but hints at what such an ancestor might have looked like. According to researchers, "The specimen has an unusual history: it was privately collected and sold in two parts, with only the lesser part previously known. The second part, which has just come to light, shows the skeleton to be the most complete primate known in the fossil record."

The scientific article describing the find was published yesterday in the peer-reviewed, open-access journal PLOS One. Google's home page is also celebrating the find with a unique image.

Medicine

Submission + - ACLU Challenges Patents on Breast Cancer Genes (aclu.org)

langelgjm writes: Yesterday, the ACLU filed a lawsuit challenging the patenting of human genes, specifically the BRCA 1 and BRCA 2 patents currently held by Myriad Genetics, which offers genetic testing for breast cancer. According to the ACLU, "about 20 percent of our genes are patented. A gene patent holder has the right to prevent anyone from studying, testing or even looking at a gene. As a result, scientific research and genetic testing has been delayed, limited or even shut down due to concerns about gene patents."

The New York Times reports that the lawsuit may be the first of its kind: "It blends patent law, medical science, breast cancer activism and an unusual civil liberties argument in ways that could make it a landmark case." While proponents claim that permitting patents on human genes creates an incentive for research, detractors argue that such patents actually inhibit research and the development of new treatments.

A detailed press release is available at the ACLU's website. The lawsuit is entitled "Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al."

Education

Submission + - Copyright Reduces Access to Education in Argentina (ip-watch.org)

langelgjm writes: An Argentinean philosophy professor is being sued for alleged copyright infringement for posting translated versions of French philosopher Jacques Derrida's works on a website. In an attempt to make foreign philosophers' work available to Spanish language readers and students, Prof. Horacio Potel has created several websites: one on Nietzsche, another on Heidegger, and one on Derrida (now deactivated), all in Spanish. Philosophy texts are expensive and not widely available in Argentina; most are imported from Spain, and sold only in Buenos Aires.

According to the authorized French publisher, "Horacio Potel has posted, over the course of several years, without authorisation, and free of charge, full versions of several of Jacques Derrida's works, which is harmful to the diffusion of his (Derrida)'s thought." But Potel believes that by removing the works, the publisher has "inflicted a new death on the philosopher by taking his work off the internet." This dispute serves to highlight the larger debate over how copyright affects access to knowledge and educational materials.

Privacy

Submission + - Strip-search case tests limits of 4th amendment (nytimes.com)

langelgjm writes: The Supreme Court has agreed to review a case involving the strip-searching of a 13 year-old girl who was accused of possessing prescription-strength ibuprofen on school grounds, in violation of the school's zero-tolerance drug policy. The case has gained national attention because of the defining role it will play in determining which, if any, parts of the Constitution apply on school grounds. In Morse v. Frederick, the Supreme Court has already upheld the right of school administrators to restrict students' free speech at school sponsored events that take place off school property. While the school described the strip-search as "not excessively intrusive in light of Redding's age and sex and the nature of her suspected infraction", the Supreme Court's last decision about searches on school property dealt only with searching a student's purse. Incidentally, the girl was not found in possession of any drugs, legal or otherwise.
Medicine

Submission + - Dutch seizure of generic medicines causing concern (ft.com)

langelgjm writes: For at least the second time this year, Dutch authorities have seized shipments of generic medicines passing through the country, citing accusations of counterfeiting. Today's Financial Times reports that "Dozens of HIV patients have been placed at risk after the Dutch authorities seized consignments of Indian-made medicines shipped via Schipol airport for distribution to clinics in Nigeria." IP Watch reported a similar seizure in January of blood pressure medication, en route from India to Brazil. Though WTO rules allow the manufacture and export of these generic medicines, the EU's rules on counterfeit medicines appear to be prompting these seizures. This is yet another reason to keep an eye on ACTA, the proposed Anti-Counterfeiting Trade Agreement, which could potentially make seizures like this more commonplace.
Google

Submission + - Possible Antitrust Lawsuit Against Google (wsj.com)

langelgjm writes: The Wall Street Journal reports that the U.S. Justice Department has hired Sanford Litvack, an outside litigator, to possibly bring an antitrust lawsuit against Google, perhaps for its proposed deal with Yahoo, or for its dominant presence in the online search arena. Other advertisers have been complaining about Google's hegemony, and are arguing that the Yahoo deal could lead to higher prices and more limited opportunities for advertisers.

This move by the Justice Department is unusual; in the past, outside litigators were brought in for the Microsoft antitrust case, and to block WorldCom's buyout of Sprint.

Software

Submission + - RealNetworks to introduce a simple DVD copier (nytimes.com)

langelgjm writes: The New York Times reports that RealNetworks will begin selling RealDVD today, a software program designed to make copying DVDs a trivial task for the average user. Unlike free alternatives, which generally require some technical knowledge and make it difficult to copy an entire DVD with extras, etc., RealDVD claims to be able to copy the entire DVD, menus and all.

While sure to raise the ire of Hollywood, the program does have significant limitations: the DVDs it makes will only be playable on the computer where they were created; or, users can pay $20 per computer to play the DVDs on up to five additional computers.

Television

Submission + - Congressional Bill Would Prohibit Loud Commercials

langelgjm writes: Ever find yourself scrambling for the TV remote to mute those insanely loud commercials? I know I do. Sometimes it seems like they're twice the volume of the actual program. Now, however, the Commercial Advertisement Loudness Mitigation Act, introduced in both the House and Senate last month, aims to make those noisy commercials a thing of the past. The bill seeks to "require the Federal Communications Commission to prescribe a standard to preclude commercials from being broadcast at louder volumes than the program material they accompany," and goes on to give details. Check it out, and if you like it, call and ask your Senator or Representative to cosponsor it today.
Books

Submission + - Publishers Ditch Piracy Protection for Audio Books (nytimes.com)

langelgjm writes: Following the lead of the major music labels, the two largest publishers in the US, Random House and Penguin Group, have announced that they will no longer include DRM on their audio books, opting instead for the unprotected MP3 format. In addition to concerns that DRM allows distributors of audio books such as Apple too much control, Madeline McIntosh, senior VP at Random House Audio Group, had this to say: "Our feeling is that D.R.M. is not actually doing anything to prevent piracy."
Media

Submission + - UK ISPs Ready for Targeted Ads? (nytimes.com)

langelgjm writes: In a move sure to raise the hackles of privacy advocates everywhere, the New York Times reports that three UK ISPs have entered into talks with an advertising firm, Phorm, to deliver targeted advertising to their customers. According to the article, "The three Internet providers have agreed to give Phorm access to customers' browsing records, letting it track a Web user's every move." But according to Phorm's website, "Our technology doesn't store any personally identifiable information or IP addresses and we don't retain information on user browsing behaviour. So we never know — and can't record — who's browsing, or where they've browsed." Together, the three ISPs involved constitute a massive portion of the UK's ISP market. Will customers be willing to trust their browsing records to Phorm, even if they are anonymized as is claimed?

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