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Submission + - Councilman/Open Source Developer submits Open Source bill (gothamgazette.com)

NewYorkCountryLawyer writes: New York City Council Member Ben Kallos (KallosEsq), who also happens to be a Free and Open Source Software (FOSS) developer, just introduced legislation to mandate a government preference for FOSS and creating a Civic Commons website to facilitate collaborative purchasing of software. He argues that NYC could save millions of dollars with the Free and Open Source Software Preferences Act 2014, pointing out that the city currently has a $67 million Microsoft ELA. Kallos said: "It is time for government to modernize and start appreciating the same cost savings as everyone else."

Comment A little late, but welcome (Score 1) 136

A cynic might argue that the key difference in this case was that, for a change, the ISP's, and not merely defendants, were challenging the subpoenas; but of course we all know that justice is 'blind'.

An ingrate might bemoan the Court's failure to address the key underlying fallacy in the "John Doe" cases, that because someone pays the bill for an internet account that automatically makes them a copyright infringer; but who's complaining over that slight omission?

A malcontent like myself might be a little unhappy that it took the courts ten (10) years to finally come to grips with the personal jurisdiction issue, which would have been obvious to 9 out of 10 second year law students from the get go, and I personally have been pointing it out and writing about it since 2005; but at least they finally did get there.

And a philosopher might wonder how much suffering might have been spared had the courts followed the law back in 2004 when the John Doe madness started; but of course I'm a lawyer, not a philosopher. :)

Bottom line, though: this is a good thing, a very good thing. Ten (10) years late in coming, but good nonetheless. - R.B. )

Submission + - Star Wars: Episode VII Cast Officially Announced (starwars.com)

eldavojohn writes: Word was leaking this week of some familiar faces in London hanging out together. Finally today an official cast listing was handed down from on high to us mere mortals (Google Cache and Onion AV recap available). From the short release, "Actors John Boyega, Daisy Ridley, Adam Driver, Oscar Isaac, Andy Serkis, Domhnall Gleeson, and Max von Sydow will join the original stars of the saga, Harrison Ford, Carrie Fisher, Mark Hamill, Anthony Daniels, Peter Mayhew, and Kenny Baker in the new film." Let's not bicker and argue about who shot first but instead come to an agreement on expected levels of almost certain disappointment. No, this will not feature the Expanded Universe (EU) — you can now refer to those tales as "Legends" which are not part of Star Wars canon. Instead prepare yourself for what will likely be the mother of all retcon films.

Comment Preliminary injunction (Score 1) 211

I guess it would take a litigator to notice this, but it's quite unusual that a preliminary injunction denial would be getting this kind of appellate attention.

In the first place, it was unusual for an interlocutory appeal to be granted from the denial of the preliminary injunction motion. In federal court usually you can only appeal from a final judgment.

Similarly, apart from the fact that it's always rare for a certiorari petition to be granted, it's especially tough where the appeal is not from a final judgment, but just from a preliminary injunction denial which does not dispose of the whole case.

Submission + - Google Books case dismissed on Fair Use Grounds

NewYorkCountryLawyer writes: In a case of major importance, the long simmering battle between the Authors Guild and Google has reached its climax, with the court granting Google's motion for summary judgment, dismissing the case, on fair use grounds. In his 30-page decision (PDF), Judge Denny Chin — who has been a District Court Judge throughout most of the life of the case but is now a Circuit Court Judge — reasoned that, although Google's own motive for its "Library Project" (which scans books from libraries without the copyright owners' permission and makes the material publicly available for search), is commercial profit, the project itself serves significant educational purposes, and actually enhances, rather than detracts from, the value of the works, since it helps promote sales of the works. Judge Chin also felt that it was impossible to use Google's scanned material, either for making full copies, or for reading the books, so that it did not compete with the books themselves.

Submission + - Big Brother Blinded - Smog blocks Survelliance Cameras (scmp.com)

Cliff Stoll writes: Perils of dystopia: To the Chinese central government, the smog that blankets the country is not just a health hazard, it's a threat to national security.

Last month visibility in Harbin dropped to below three metres because of heavy smog. On days like these, no surveillance camera can see through the thick layers of particles, say scientists and engineers.

Existing technology, such as infrared imaging, can help cameras see through fog or smoke at a certain level, but the smog in some Chinese cities is a different story. The particles are so many and so solid, they block light almost as effectively as a brick wall.

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