NewYorkCountryLawyer writes "Despite having had some time to get their act together, Obama's Department of Justice has filed yet another brief defending the RIAA's outlandish statutory damages theory — that someone who downloaded an mp3 with a 99-cent retail value, causing a maximum possible damages of 35 cents, is liable for from $750 to $150,000 for each such file downloaded, in SONY BMG Music Entertainment v. Tenenbaum. The 25- page brief (PDF) continues the DOJ's practice of (a) ignoring the case law which holds that the Supreme Court's due process jurisprudence is applicable to statutory damages, (b) ignoring the law review articles to like effect, (c) ignoring the actual holding of the 1919 case they rely upon, (d) ignoring the fact that the RIAA failed to prove 'distribution' as defined by the Copyright Act, and (e) ignoring the actual wording and reasoning of the Supreme Court in its leading Gore and Campbell decisions. Jon Newton of p2pnet.net attributes the Justice Department's 'oversights' to the 'eye-popping number of people [in its employ] who worked for, and/or are directly connected with, Vivendi Universal, EMI, Warner Music and Sony Music's RIAA.'"

An anonymous reader writes "The Debian Squeeze release is going to be accompanied by a first-rate kFreeBSD port and now early benchmarks of this port have started coming out using daily install images. The Debian GNU/kFreeBSD project is marrying the FreeBSD kernel with a GNU userland and glibc while making most of the Debian repository packages available for kfreebsd-i386 and kfreebsd-amd64. The first Debian GNU/kFreeBSD benchmarks compare the performance of it to Debian GNU/Linux with the 2.6.30 kernel while the rest of the packages are the same. Results are shown for both i386 and x86_64 flavors. Debian GNU/kFreeBSD may be running well, but it has a lot of catching up to do in terms of speed against Linux."

snydeq sends along a provocative piece from Infoworld, arguing that the conventional wisdom on how IT should be run is all wrong. "Bob Lewis dispels the familiar litany that 'IT should be run as a business,' instead offering insights into what he is calling a 'guerilla movement' to reject conventional 'IT wisdom' and industry punditry in favor of what experience tells you will work in real organizations. 'When IT is a business, selling to its "internal customers," its principal product is software that "meets requirements." This all but ensures a less-than-optimal solution, lack of business ownership, and poor acceptance of the results,' Lewis writes. 'The alternatives begin with a radically different model of the relationship between IT and the rest of the business — that IT must be integrated into the heart of the enterprise, and everyone in IT must collaborate as a peer with those in the business who need what they do.' To do otherwise is a sure sign of numbered days for IT, according to Lewis. After all, the standard 'run IT as a business' model had its origins in the IT outsourcing industry, 'which has a vested interest in encouraging internal IT to eliminate everything that makes it more attractive than outside service providers.'"

An anonymous reader writes with this excerpt from a tongue-in-cheek blog post which puts publisher worries about ebook piracy into perspective: "Hot on the heels of the story in Publisher's Weekly that 'publishers could be losing out on as much $3 billion to online book piracy' comes a sudden realization of a much larger threat to the viability of the book industry. Apparently, over 2 billion books were 'loaned' last year by a cabal of organizations found in nearly every American city and town. Using the same advanced projective mathematics used in the study cited by Publishers Weekly, Go To Hellman has computed that publishers could be losing sales opportunities totaling over $100 billion per year, losses which extend back to at least the year 2000. ... From what we've been able to piece together, the book 'lending' takes place in 'libraries.' On entering one of these dens, patrons may view a dazzling array of books, periodicals, even CDs and DVDs, all available to anyone willing to disclose valuable personal information in exchange for a 'card.' But there is an ominous silence pervading these ersatz sanctuaries, enforced by the stern demeanor of staff and the glares of other patrons. Although there's no admission charge and it doesn't cost anything to borrow a book, there's always the threat of an onerous overdue bill for the hapless borrower who forgets to continue the cycle of not paying for copyrighted material."

The Opposable Thumbs blog is running an interesting article contrasting everything Activision did "wrong" in creating and marketing Modern Warfare 2 with the game's unqualified success. Despite price hikes, somewhat shady review practices, exploit frustrations, and the dedicated server fiasco, the game has raked in over a billion dollars in sales. "There was only one way to review Modern Warfare 2: on the Xbox 360, in Santa Barbara, under the watchful eye of Activision. Accepting the paid trip, along with room and board, was the only way you were going to get a review before launch. Joystiq noted that this broke their ethics policy, but they went anyway. Who can say no to a review destined to bring in traffic? Shacknews refused to call their coverage a 'review' because of the ethical issues inherent in the situation, but that stance was unique. The vast majority of news outlets didn't disclose how the review was conducted, or added a disclaimer after the nature of the review was made public. This proved to Activision that if you're big enough, you can dictate the exact terms of any review, and no ethics policy will make news outlets turn you down."