chiguy sends word of a ruling from the New Jersey Supreme Court which found that a company did not have the right to read emails from an employee's personal account even through the account was accessed on a company computer. This ruling is likely to set precedent for other workplace privacy cases around the country. "'The court has recognized the very legitimate and real concerns with regards to privacy. This gives some guidance to employers in terms of how explicit (e-mail) policies need to be,' [attorney Marvin Goldstein] said. The ruling stems from a harassment and discrimination lawsuit Marina Stengart of Bergen County filed three years ago against Loving Care of Ridgefield Park. Stengart, then the executive director of nursing, sent her attorney eight e-mails from her company-loaned laptop about her issues with her superiors. Stengart used her Yahoo e-mail account. 'Under all of the circumstances, we find that Stengart could reasonably expect that e-mails she exchanged with her attorney on her personal, password-protected, web-based e-mail account, accessed on a company laptop, would remain private,' Chief Justice Stuart Rabner wrote in the decision, which upholds an appeals court’s ruling last year."
H4x0r Jim Duggan writes "Andrew Tridgell rejected the common fears about triple damages: 'If you've got one lot of damages for patent infringement, what would happen to the project? It's dead. If it gets three lots of damages for patent infringement, what happens to the project? It's still dead.' Tridge then explains the right way to read a patent and build a legal defense: 'That first type of defence is really the one you want, it's called: non-infringement. And that is: "we don't do that. The patent says X, we don't do X, therefore go away, sue someone else, it's not relevant for us." That's the defence you want. [...] Next one, prior art: [...] Basically the argument is: somebody else did that before. It's a very, very tricky argument to get right. Extremely tricky, and it is the most common argument bandied about in the free software community. And if you see it in the primary defence against a patent, you should cringe because it is an extremely unsafe way of doing things.' There are even some tips in the talk specifically for Slashdotters."
Lanxon writes "It's true: 'Effects of cocaine on honeybee dance behavior,' 'Fellatio by fruit bats prolongs copulation time,' and 'Are full or empty beer bottles sturdier and does their fracture-threshold suffice to break the human skull?' are all genuine scientific research papers, and all were genuinely published in journals or similar publications. Wired's presentation of a collection of the most bizarrely-named research papers contains seven other gems, including one about naval fluff and another published in The Journal of Sex Research."
c0mpliant writes "IGN and Gamespot have each released a preview of the recently announced and eagerly awaited Civilization V. Apart from the obvious new hexagon shape of tiles and improved graphics, the articles go on to outline some of the major changes in the game, such as updated AI, new 'flavors' to world leaders, and a potentially game-changing, one-unit-per-tile system. No more will the stack of doom come to your city's doorsteps. Some features which will not be returning are religion and espionage. The removal of these two have sparked a frenzy of discussion on fan-related forums."
ZuchinniOne writes "With Ubisoft's fantastically awful new DRM you must be online and logged in to their servers to play the games you buy. Not only was this DRM broken the very first day it was released, but now their authentication servers have failed so absolutely that no-one who legally bought their games can play them. 'At around 8am GMT, people began to complain in the Assassin's Creed 2 forum that they couldn't access the Ubisoft servers and were unable to play their games.' One can only hope that this utter failure will help to stem the tide of bad DRM."
solanum writes "On March 2nd Crossover 9.0 was released. CrossOver 9 features a new user interface that focuses on making installation of Windows software quicker and easier than previous versions. Another new feature is CrossOver's ability to download installation 'recipes' directly from CodeWeavers online Compatibility Database. 'If another CrossOver user has figured out how to use CrossOver to install a Windows application, they can upload that installation recipe to our database,' said Jeremy White, CodeWeavers chief executive officer. 'As we go forward, and build this online storehouse, CrossOver will begin to automatically install that same application for other users. This enables us to move closer to a world where CrossOver will begin to run the majority of Windows apps, and not just an officially supported subset. In other words, our diabolical plot for world domination is going exactly as planned,' he added. Early reviews and comments are positive, and my own experience is that many more Windows applications work in this new version than previously."
TaggartAleslayer writes with this excerpt from the NYTimes: "The Supreme Court agreed on Monday to decide whether a police department violated the constitutional privacy rights of an employee when it inspected personal text messages sent and received on a government pager. The case opens 'a new frontier in Fourth Amendment jurisprudence,' according to a three-judge panel of an appeals court that ruled in favor of the employee, a police sergeant on the Ontario, Calif., SWAT team. ... Members of the department's SWAT team were given pagers and told they were responsible for charges in excess of 25,000 characters a month. Under an informal policy adopted by a police lieutenant, those who paid the excess charges themselves would not have their messages inspected. The lieutenant eventually changed his mind and ordered transcripts of messages sent and received by Sgt. Jeff Quon. In one month in 2002, only 57 of more than 456 of those messages were related to official business. According to the trial judge, many of the messages 'were, to say the least, sexually explicit in nature.'"
likuidkewl writes "Two super-earths, 5 and 7.5 times the size of our home, were found to be orbiting 61 Virginis a mere 28 light years away. 'These detections indicate that low-mass planets are quite common around nearby stars. The discovery of potentially habitable nearby worlds may be just a few years away,' said Steven Vogt, a professor of astronomy and astrophysics at UCSC. Among hundreds of our nearest stellar neighbors, 61 Vir stands out as being the most nearly similar to the Sun in terms of age, mass, and other essential properties."
NewYorkCountryLawyer writes "In SONY BMG Music Entertainment v. Tenenbaum, the Boston RIAA case in which the defendant, represented by Charles Nesson of Harvard Law School, admitted liability at his trial, the Court has entered judgment in favor of the RIAA for the monetary award of $625,000 fixed by the jury. However, the Court left open the questions of whether the amount is excessive, and whether attorneys fees and/or sanctions should be awarded, and has scheduled further briefing of those issues. The Court granted the RIAA much, but not all, of the injunctive relief it requested. In an unusual step, the Court issued a 38-page decision (PDF) explaining in some detail the Court's views of the Fair Use defense in the context of cases like this, and indicating that there are some factual scenarios — not applicable in this particular case — in which it might have concluded that the claims were barred by Fair Use. E.g. it declined to rule out the possibility that creation of mp3 files exclusively for space-shifting purposes from audio CDs a defendant had previously purchased might constitute fair use."
toruonu writes "Yesterday evening the Large Hadron Collider at CERN for the first time accelerated protons in both directions of the ring to 1.18 TeV. Even though the 1 TeV barrier per beam was first broken a week ago, this marks the first time that the beam was in the machine in both directions at the same time, allowing possibly for collisions at a center of mass energy of 2.36 TeV. Although the test lasted mere minutes, it was enough to have detectors record the very first events at 2.36 TeV. LHC passes Tevatron (the particle collider at Fermilab that operates at 1.96 TeV) and becomes the highest energy particle collider in the world (so far it was effectively just the highest energy storage ring...)"
bonch writes "In a surprising statement to CNBC, Google CEO Eric Schmidt told reporter Maria Bartiromo, 'If you have something that you don't want anyone to know, maybe you shouldn't be doing it in the first place.' This will only fuel concerns about Google's behavior as it becomes an ever more powerful gatekeeper of information; though Google says it is aware of these concerns and has taken steps to be transparent to users about the information that is stored."
jvillain writes "The Canadian Recording Industry Association faces a lawsuit for 60 billion dollars over willful infringement. These numbers may sound outrageous, yet they are based on the same rules that led the recording industry to claim a single file sharer is liable for millions in damages. Since these exact same companies are currently in the middle of trying to force the Canadian government to bring in a DMCA for Canada, it will be interesting to see how they try to spin this."
rossendryv writes "The Electronic Frontier Foundation and UC Berkeley's Samuelson Center filed suit in California's Northern District, asking the court to force a number of government agencies to hand over any documents they have concerning the use of social networking sites as part of investigative procedures."
coaxial writes "In Denmark, it's legal to make copies of commercial videos for backup or other private purposes. It's also illegal to break the DRM that restricts copying of DVDs. Deciding to find out which law mattered, Henrik Anderson reported himself for 100 violations of the DRM-breaking law (he ripped his DVD collection to his computer) and demanded that the Danish anti-piracy Antipiratgruppen do something about it. They promised him a response, then didn't respond. So now he's reporting himself to the police. He wants a trial, so that the legality of the DRM-breaking law can be tested in court."
theodp writes "Over at CNET, James Urquhart sings the praises of cloud computing, encouraging folks to 'really listen to what is being said, understand how the cloud is being used, and seriously evaluate how this disruptive model will change your projects, your organization, and even your career.' Fair enough. Over at the Google Docs Help Forum, some perplexed cloud computing users spent the month of November unsuccessfully trying to figure out why they've been zinged for inappropriate content. Among the items deemed inappropriate and unshareable include notes on Henry David Thoreau ('the published version of this item cannot be shared until a Google review finds that the content is appropriate'), homework assignments, high school yearbook plans, wishlists, documents containing botanical names for plants, a list of websites for an ecommerce class, and a list of companies that rent motorcycles in Canada. When it comes to support in the cloud, it kind of looks like you might get what you pay for."