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The Courts

Appeals Court Stays RIAA Subpoena Vs. Students 266

NewYorkCountryLawyer writes "The procedures used by the RIAA the past 5 years in suing 'John Does' without their knowing about it have never been subjected to scrutiny by an appeals court, since most of the 'John Does' never learn about the 'ex parte' proceeding until it's too late to do anything about it. That is about to change. In Arista Records v. Does 1-16, a case targeting students at the Albany Campus of the State University of New York, the US Court of Appeals for the Second Circuit has decided to put things on hold while it takes a careful look at what transpired in the lower court. The way it came to this is that a few 'John Does' filed a broad-based challenge to a number of the RIAA's procedures, citing the defendant's constitutional rights, the insufficiency of the complaint, the lack of personal jurisdiction over the defendants, improper misjoinder of the defendants, and the RIAA's illegal procurement of its 'evidence' through the use of an unlicensed investigator, MediaSentry. The lower court judges gave short shrift to 'John Doe #3,' but he promptly filed an appeal, and asked for a stay of the subpoena and lower court proceedings during the pendency of the appeal. The RIAA opposed the motion, arguing that John Doe's appeal had no chance of success. The Appeals Court disagreed and granted the motion, freezing the subpoena and putting the entire case on hold until the appeal is finally determined. As one commentator said, 'this news has been a long time coming, but is welcomed.'"
It's funny.  Laugh.

Submission + - 420 poll 1

OrochimaruVoldemort writes: I prefer to think of 4/20 as the day that:
i smoke myself to a new high
hitler was born
just another day
the 110 day of the year
a really bad monday(this year anyhow)

Journal Journal: Graduation Project: The Great Marginalizer

North Carolina has implemented a method by which it has eliminated itself from the national graduation percentage. The Graduation Project, as it is known, is a three year long project designed to teach students how effectively present ideas in college. As of last year, it will be required to graduate from any high school in the state, regardless of gpa. It was also intended to keep students from dropping out. First mistake, believing that people will actually do it. Second mistake, makin


Netscape Alums Tackle Cloud Storage 62

BobB-nw writes "A new cloud storage vendor is entering the market, promising an enterprise-class file system with snapshots, replication, and other features designed to simplify adoption for existing users and applications. Zetta, founded in 2007 by veterans of Netscape, has $11 million in funding and is coming out of stealth mode Monday with Enterprise Cloud Storage, a Web-based storage platform that will compete against Amazon's Simple Storage Service and a growing number of cloud vendors. Zetta's goal was to build a Web-based storage system that would be accepted by enterprise IT professionals for storing primary data. 'Data growth rates are staggering. In businesses you see growth rates of 40 to 60 percent year over year,' says CEO Jeff Treuhaft, a Zetta cofounder and formerly one of Netscape's first employees. Another Zetta cofounder is Lou Montulli, an early Netscape employee who invented Web cookies."
The Courts

Submission + - RIAA Backs Down in Texas Case (

NewYorkCountryLawyer writes: "After receiving a Rule 11 Sanctions Motion (PDF) in a Houston, Texas, case, UMG Recordings v. Lanzoni, the RIAA lawyers thought better of proceeding with the case, and agreed to voluntarily dismiss the case 'with prejudice', which means it is over and cannot be brought again. The defendant's motion papers detailed some of the RIAA's litigation history against innocent individuals, such as Capitol Records v. Foster and Atlantic Recording v. Andersen, and argued that the awarding of attorneys fees in those cases has not sufficiently deterred repetition of the misconduct, so that a stronger remedy — Rule 11 sanctions — is now called for."

YouTube Passes Yahoo As #2 Search Engine 125

Dekortage writes "According to the latest ComScore rankings, YouTube's search traffic for August surpassed Yahoo's. The latter dropped roughly 5% in traffic from July. Among other things, this means that Google now owns both of the top two search engines. AdAge further speculates on Google's experimental 'promoted videos' cost-per-click advertising on YouTube, suggesting the obvious: more money."
It's funny.  Laugh.

Journal Journal: New Idea for Moderation

Here is an idea that should eliminate any unnecessary "+ 1, Funny" moderation. How about a "+ 1, Geeky" moderation. Anything that falls into this category would be modded up. Of course it should be a "no karma bonus" mod, like + 1, Funny. The most common example is a star wars ref. This could be modded +1, Geeky. No longer funny, mod points would go at a much better pace. The opposite for this would be -1, Not Geeky.


Submission + - MPAA wants to stop DVRs from recording some movies (

OrochimaruVoldemort writes: "Ars is reporting that the MPAA wants DVRs from recording movies that have been released as DVDs very recently. This comes as a request to the FCC regarding the use of Selecetive Output Control. FTA: "The Motion Picture Association of America (MPAA) wants a waiver on that restriction in the case of high-definition movies broadcast prior to their release as DVDs. The Petitioners' theatrical movies are too valuable in this early distribution window to risk their exposure to unauthorized copying," MPAA wrote to the FCC last month. 'Distribution over insecure outputs would facilitate the illegal copying and redistribution of this high value content, causing untold damage to the DVD and other 'downstream' markets'.""

Submission + - Safari Flaw Worse Than Before, Microsoft Says (

OrochimaruVoldemort writes: According to Microsoft, the Safari bug is now worse than before. PC World reports: "It turns out that if this flaw is exploited in combination with a second unpatched bug in Internet Explorer, attackers can run unauthorized software on a victim's computer, according to Aviv Raff, a security researcher. Microsoft is taking the issue seriously. It released a security advisory on the problem late Friday, a sign that it may be working on a patch for the IE flaw. The advisory says that the vulnerability has to do with the way Windows handles desktop executables and recommends that Windows users "restrict use of Safari as a web browser until an appropriate update is available from Microsoft and/or Apple." The attack reportedly affects all versions of Windows XP and Vista, Microsoft said."

"From there to here, from here to there, funny things are everywhere." -- Dr. Seuss