NewYorkCountryLawyer writes "In UMG v. Lindor, Judge David G. Trager rejected Ms. Lindor's objection to a Magistrate's Report, in which Ms. Lindor complained that the Report could be read to imply that 'the mere presence of a shared files folder on an individual's computer would ... satisfy the requirements of 17 USC 106(3)', saying that the Report of Magistrate Robert M. Levy could not be so read, since '[t]he report and recommendation does not comment on whether or not the mere presence of a shared files folder satisfies 17 USC 106(3). Instead, it makes clear that plaintiffs will have the burden of proving actual sharing. [Report and Recommendation, at 5] ('At trial, plaintiffs will have the burden of proving by a preponderance of the evidence that defendant did indeed infringe plaintiff's copyrights by convincing the fact-finder, based on the evidence plaintiffs have gathered, that defendant actually shared sound files belonging to plaintiffs.') (emphasis added)'"

pragueexpat writes "Do we have free will? Possibly not, according to an article in the new issue of the Economist. Entitled 'Free to choose?', the piece examines new discoveries in the fields of neuroscience and psychology that may be forcing us to re-examine the concept of free will. The specifically cite a man with paedophilic tendencies who was cured when his brain tumor was removed. 'Who then was the child abuser?', they ask. The predictable conclusion of this train of thought, of course, leads us to efforts by Britain: 'At the moment, the criminal law--in the West, at least--is based on the idea that the criminal exercised a choice: no choice, no criminal. The British government, though, is seeking to change the law in order to lock up people with personality disorders that are thought to make them likely to commit crimes, before any crime is committed.'"

Nico M writes "The highly publicized UK murder hunt for the serial killer(s) of five young sex workers in Suffolk is using Skype to ask the public for information. BBC News is embedding freephone Skype links to both the police incident room and Crimestoppers UK. Is this the first time Skype has been used in this way?"

ScentCone writes "North Korea says that it has conducted its first nuclear weapons test and 'brought happiness to its people.' Japan and China earlier issued an unusual joint statement saying that such a test would be 'unacceptable.' As of 11:10PM EST, the USGS says that it has not detected any unusual seismic activity on the Korean peninsula in the last 48 hours." From the article: "The North said last week it would conduct a test, sparking regional concern and frantic diplomatic efforts aimed at dissuading Pyongyang from such a move. North Korea has long claimed to have nuclear weapons, but had never before performed a known test to prove its arsenal. The nuclear test was conducted at 10:36 a.m. (0136 GMT) in Hwaderi near Kilju city, Yonhap reported, citing defense officials." Update: 10/09 05:50 GMT by J : The U.S. Geological Survey reports a 4.2 magnitude quake; South Korean news is reporting a 3.58 magnitude event; the White House apparently confirms a nuclear test.

'Nerdcore' is a tricky thing to nail down. Some of it is simply novelty niche tracks with cheesy lyrics, and gimmicky derivative music. Some of it is inspired by trip-hop, others from 80s hip hop or 90s gangsta. A lot of it is really bad. And some of it is actually really good. Witty, sharp lyrics. Entertaining beats and excellent production value. You can hear all of these things on Rhyme Torrents Nerdcore Compilation. Read on for my review.

An anonymous reader writes "Some of you may recall the lawsuit brought by several Hollywood directors against companies which edit movies for sex, language, and violence. The companies would trade consumers an off-the-shelf DVD for an edited one. Well, the CBC is reporting that Judge Richard P. Matsch has found that this practice violates U.S. copyright law, and 'decreed on Thursday in Denver, Colo., that sanitizing movies to delete content that may offend some people is an "illegitimate business." [...] The judge also praised the motives of the Hollywood studios and directors behind the suit, ordering the companies that provide the service to hand over their inventories.'''

lowrydr310 writes "Western Union is blocking money transfers to people with Arab names. They have delayed or blocked thousands of cash deliveries on suspicion of terrorist connections simply because senders or recipients have names like Mohammed or Ahmed. 'In one example, an Indian driver here said Western Union prevented him from sending $120 to a friend at home last month because the recipient's name was Mohammed.' Western union claims they are merely following U.S. Treasury Department guidelines that scrutinize cash flows for terrorist links. I agree that Western Union shouldn't allow anyone supporting terrorism to use their service, however I'm fairly certain there are millions of people named Mohammed or Ahmed who aren't terrorists. I wonder if any other financial companies such as banks are doing the same thing."

InfoWorldMike writes "Before Vista is even out of the gates, a Microsoft exec was talking Wednesday about Windows' replacement at a VC conference. Speaking at The Venture Forum conference, Microsoft's Bryan Barnett, a program manager for external research programs in the Microsoft Research group, said multicore architectures are of particular interest when weighing what to put in future operating systems at the company. "Taking full advantage of the processing power that those multicore architectures potentially make available requires operating systems and development tools that don't exist largely today," Barnett said. Well, with Vista in the pipeline as long as it has been, you must admit it is not surprising Microsoft is taking the long-term view. And it won't be built overnight: There is no timetable for a Windows successor right now. But early work on this effort has not yet been organized, with five or six small projects afoot in various places throughout the company, Barnett said."

An anonymous reader writes "BBC news is reporting that music fans in the UK won't have to fear litigation from the British Phonographic Industry. Peter Jamieson, chairman of the British Phonographic Industry, said 'consumers would only be penalized if they made duplicates of songs for other people.'" From the article: "Mr Jamieson also called for Apple - which makes the popular iPod portable music player - to open up its iTunes software so it is compatible with the technology of other manufacturers. Apple applies a digital protection system to its downloads, which means they are not usually compatible with other companies' devices. "

kukyfrope writes "The FTC and Rockstar/Take-Two have reached a settlement surrounding the 'Hot Coffee' mod for GTA: San Andreas that will serve to prevent future incidents. The FTC has stated that Rockstar and Take-Two must disclose all content to the ESRB when rating games, or face an $11,000 fine per violation if undisclosed content is discovered. 'Parents have the right to rely on the accuracy of the entertainment rating system. We allege that Take-Two and Rockstar's actions undermined the industry's own rating system and deceived consumers,' commented Lydia Parnes, Director of the FTC's Bureau of Consumer Protection."

Juha-Matti Laurio writes "Not eight days after Apple's new New York flagship store was unveiled, Stevie Jobs' fantastical glass elevator began acting a bit wonky, first opening and shutting its doors, then finally sealing in its passengers on the upper level. Apple store employees worked their hardest to release the bunch, but eventually the NYPD had to be called; the elevator's hydraulic system had to be drained. Close-up picture included to the source story as well."