NewYorkCountryLawyer writes "In one of the RIAA's 'John Doe' cases targeting Boston University students, after the University wrote to the Court saying that it could not identify three of the John Does 'to a reasonable degree of technical certainty,' Judge Nancy Gertner deemed the University's letter a 'motion to quash,' and granted it, quashing the subpoena as to those defendants. In the very brief docket entry (PDF) containing her decision, she noted that 'compliance with the subpoena as to the IP addresses represented by these Defendants would expose innocent parties to intrusive discovery.' There is an important lesson to be learned from this ruling: if the IT departments of the colleges and universities targeted by the RIAA would be honest, and explain to the Courts the problems with the identification and other technical issues, there is a good chance the subpoenas will be vacated. Certainly, there is now a judicial precedent for that principle. One commentator asks whether this holding 'represents the death knell to some, if not all, of the RIAA's efforts to use American university staff as copyright cops.'"

Corey Brook writes "The South Carolina state prison system wants the FCC to grant them and local officers permission to block cell phone signals. News has been out about the growing problem of them perps smuggling cell phones into prisons for a while now. Inmates use cell phones as commerce, to implement fraud, smuggle drugs and weapons, and to order hits. Of course, some may use it to just talk to a loved one any time they can." Hopefully movie theaters and restaurants do it next.

Stellian writes "The Federal Communications Commission adopted a Second Report and Order that establishes rules to allow new, sophisticated wireless devices to operate in broadcast television spectrum on a secondary basis at locations where that spectrum is open. It's the first time we have access to clear specifications for these devices, dubbed TVBDs — 'TV band devices' by the FCC. The published guidelines allow manufactures to create protocols and build compatible devices, which could be available in 18 Months, according to Larry Page. The full PDF text of this Second R&O is published on the FCC site."

Christoph Haas writes "A picture is worth a thousand words. And thanks to screenshots.debian.net this finally comes true for Debian packages. The new website was launched just a week ago and has already collected screenshots for 740 packages shipping with the Linux distribution — with new uploads pouring in every hour. Debian users can finally get an impression of how an application would look before installing it."

CWmike writes "Gregg Keizer sifted through many threads of e-mails released under the 'Vista Capable' lawsuit to dig up this jewel...More than a year before Windows Vista's release — and long before Apple started poking fun at the OS — Microsoft officials were already worried about comparisons between Mac OS X and Vista. An e-mail thread from October 2005 showed that an article in the Wall Street Journal by Walt Mossberg grabbed the attention of managers at Microsoft. In a column headlined What PC to Buy If You Are Planning On a Vista Upgrade, Mossberg alarmed one Windows manager who forwarded a bit from the column.... 'You won't have to worry about Vista if you buy one of Apple Computer's Macintosh computers, which don't run Windows,' Mossberg had written. 'Every mainstream consumer doing typical tasks should consider the Mac. Its operating system, called Tiger, is better and more secure than Windows XP, and already contains most of the key features promised for Vista.' Warrier added a comment of his own: 'A premium experience as defined by Walt = Apple. This is why we need to address [the column].'"

blackbearnh writes "CIO Magazine has an article up looking at some of the ways that Agile projects can fail, or Agile can be misapplied in organizations. Some of the issues raised may not be new, but folks might want to pay special attention to these, since the people throwing the stones are two of the original Agile Manifesto signatories, Alistair Cockburn and Kent Brock. From the article: 'Once individuals become familiar with Agile, either through training or practice, they can become inflexible and intolerant of people new to the process. Cockburn has seen this in action. "I'm one of the authors of the manifesto, so if I say something 'weird,' they can't tell me I don't understand Agile. But if someone else — and it doesn't matter how many years of experience they have — says something funny, they get told they don't understand Agile."'" Here's another recent article by the same author on the perils now besetting Agile.

coondoggie writes "The Federal Trade Commission yesterday had a US District Court issue a temporary restraining order halting the sale of RemoteSpy keylogger spyware. According to the FTC's complaint, RemoteSpy spyware was sold to clients who would then secretly monitor unsuspecting consumers' computers. The defendants provided RemoteSpy clients with detailed instructions explaining how to disguise the spyware as an innocuous file, such as a photo, attached to an email."

Dynamoo writes "The good news is that Microsoft have announced free anti-virus software for consumers, dubbed Morro, available late next year. The bad news is ... well, exactly the same. Although Microsoft's anti-malware products are pretty good, this move could drive many competitors out of business and create a dangerous security monoculture; major rivals will be lawyering up already. On the other hand, many malware infections could be prevented even by basic software. So is this going to be a good or bad thing overall?"

A week ago we discussed the takedown of McColo (and the morality of that action). McColo was reportedly the source of anywhere from 50% to 75% of the world's spam. On Saturday the malware network briefly returned to life in order to hand over command and control channels to a Russian network. "The rogue network provider regained connectivity for about 12 hours on Saturday by making use of a backup arrangement it had with Swedish internet service provider TeliaSonera. During that time, McColo was observed pushing as much as 15MB of data per second to servers located in Russia, according to ... Trend Micro. The brief resurrection allowed miscreants who rely on McColo to update a portion of the massive botnets they use to push spam and malware. Researchers from FireEye saw PCs infected by the Rustock botnet being updated so they'd report to a new server located at abilena.podolsk-mo.ru for instructions. That means the sharp drop in spam levels reported immediately after McColo's demise isn't likely to last."

More documents are coming out in court proceedings over the Vista Capable debacle. Internetnews.com has good coverage of HP's fury over Microsoft lowering the requirements for a Vista Capable sticker, at Intel's request. "Intel officials may have been pleased that Microsoft lowered standards for obtaining the company's Windows Vista Capable logo program sticker, but the same can't be said about HP's execs. 'I can't be more clear than to say you not only let us down by reneging on your commitment to stand behind the [device driver model] requirement, you have demonstrated a complete lack of commitment to HP as a strategic partner and cost us a lot of money in the process,' said one e-mail from Richard Walker, the senior vice president of HP's consumer business unit, to [Microsoft executives]." PCPro.co.uk follows the trail of accusatory emails inside Microsoft from there: "HP's email prompted then Microsoft co-President, Jim Allchin, to send a furious email of his own to company CEO Steve Ballmer. Allchin's email suggests the decision to lower the requirements was made in his absence by Ballmer, following 'a call between you and Paul [Otellini, Intel CEO].' 'I am beyond being upset here,' Allchin wrote to Ballmer. 'What a mess. Now we have an upset partner, Microsoft destroyed credibility [sic], as well as my own credibility shot.' Ballmer, in turn, blamed another Microsoft executive, Will Poole, in a rather erratically typed reply to Allchin."

CWmike writes "Gregg Keizer reports Microsoft has clarified that its upcoming Office Web service will be available to users running Mac OS X and Linux, as well as from Apple's iPhone. The key to this cross platform-friendliness: Office Web will run in Firefox and Safari browsers, in addition to IE. Introduced last month, Office Web is a lightweight version of its Office suite that runs as an online service. I think it's time for Google to embrace OpenOffice.org to take on Microsoft head-on, as CW blogger Preston Gralla has argued for and described how to go about it."

WillDraven is just one of many who writes to tell us that Circuit City, the United States' 2nd largest consumer electronics retailer, has filed for bankruptcy under chapter 11. This news comes as no surprise as the company has been in financial trouble, recently announcing that it will be closing over one fifth of its stores and laying off 17% of its US employees in the process. "Larger rival Best Buy, which is based in Minneapolis, has said it might take over stores that distressed rivals close. Yet a flood of discounted merchandise from liquidating Circuit City stores could hurt Best Buy during this holiday shopping season, said Jefferies & Co analyst Dan Binder."

narcberry writes "After complaints of one-sided reporting, the Washington Post checked their own articles and agreed. Obama was clearly favored, throughout his campaign, in terms of more favorable articles, less criticism, better page real-estate, more pictures, and total disregard for problems such as his drug use. 'Stories and photos about Obama in the news pages outnumbered those devoted to McCain. Reporters, photographers and editors found the candidacy of Obama, the first African American major-party nominee, more newsworthy and historic. Journalists love the new; McCain, 25 years older than Obama, was already well known and had more scars from his longer career in politics. The number of Obama stories since Nov. 11 was 946, compared with McCain's 786. Both had hard-fought primary campaigns, but Obama's battle with Hillary Rodham Clinton was longer, and the numbers reflect that. McCain clinched the GOP nomination on March 4, three months before Obama won his. From June 4 to Election Day, the tally was Obama, 626 stories, and McCain, 584. Obama was on the front page 176 times, McCain, 144 times; 41 stories featured both.'"