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Comment: PACER (Score 4, Informative) 433

by pirodude (#37628932) Attached to: Civil Suit Filed, Involving the Time Zone Database

COMPLAINT, REQUEST FOR INJUNCTIVE RELIEF, RESTRAINING ORDER,
DAMAGES AND TRIAL BY JURY
Parties
1. Plaintiff, Astrolabe, Inc. [hereinafter “Astrolabe”], is a for-profit
Massachusetts corporation with a principal place of business at 350 Underpass
Road, P.O. Box 1750, Brewster, Barnstable County, Commonwealth of
Massachusetts 02631, and is engaged in the business of publication, marketing
and sale, including computer software publications and/or programs
pertaining to the field of astrology.
2. Defendant, Arthur David Olson [hereinafter “Olson”], is an individual with a
last and usual residence at 7406 Hancock Avenue, #2, Takoma Park,
Maryland 20912, and with a usual an ordinary place of business as a computer
specialist at the Laboratory of Experimental Carcinogenesis, Building 37,
Room 4146A, National Cancer Institute, National Institute of Health, 37
Convent Drive, MSC 4262, Bethesda, Maryland 20892.
3. Defendant, Paul R. Eggert [hereinafter “Eggert”], is an individual with a last
and usual residence in the State of California, who is engaged in the business
of computer services and programming, and employed as a lecturer with the
University of California, Los Angeles, Computer Science Department, with a
principal business address of: UCLA Computer Science, Box 951596,
4532JBH, Los Angeles, Calfiornia 90095-1596.
Case 1:11-cv-11725-GAO Document 1 Filed 09/30/11 Page 1 of 5
Jurisdiction
4. Pursuant to a written agreement, Astrolabe is the copyright assignee of the
copyright owner, of certain copyright-protected computer software programs
and information contained therein, pursuant to the Copyright Protection Act,
17 U.S.C. Section 101, et seq., known as the “ACS Atlas,” consisting of both
the “ACS International Atlas,” and the “ACS American Atlas,” in the form of
computer software program(s) and/or data bases, and in the form of electronic
output and future electronic media from said programs [hereinafter “the Works”].
5. These atlases set forth interpretations of historical time zone information
pertaining to innumerable locations throughout the world, based upon the
compilation of historical research and documentation regarding applicable
time zones officially and/or in actuality in effect, given the actual latitude and
longitudes of specific locations throughout the world.
6. Upon information and belief, defendants Olson and Eggert have unlawfully
reproduced the Works, in violation of the Copyright Protection Act, without
proper permission and/or authorization from the copyright holder, and without
paying royalties due and payable to the copyright holder and/or its assignee,
Astrolabe, in computer software format.
7. Plaintiff, Astrolabe publishes, markets and sells its ACS Atlas programs (the
Works) for commercial profit purposes to, inter alia, those interested and/or
engaged in the business and field of astrology seeking to determine the
historical time at any given time in any particular location, world-wide.
8. In connection with its rights to reproduce the Works, plaintiff Astrolabe is
contractually obligated to pay royalties to the owner/assignor of the copyright
and the authors of the same.
Facts
9. Defendant Olson’s unauthorized reproduction of the Works have been
published at ftp://elsie.nci.nih.gov/tzarchive.qz, where the references to
historic international time zone data is replete with references to the fact that
the source for this information is, indeed, the ACS Atlas.
10. In connection with his unlawful publication of some and/or any portion of the
Works, defendant Olson has wrongly and unlawfully asserted that this
information and/or data is “in the public domain,” in violation of the
protections afforded by the federal copyright laws.
11. Defendant Eggert’s unauthorized reproduction of the Works have been
published at http://cs.ucla.edu/~eggert/tz/tz-link.htm
http://cs.ucla.edu/~eggert/tz/tz-art.htm, where the references to historic
Case 1:11-cv-11725-GAO Document 1 Filed 09/30/11 Page 2 of 5
international time zone data is replete with references to the fact that the
source for this information is, indeed, the ACS Atlas.
12. In connection with his unlawful publication of some and/or any portion of the
Works, defendant Eggert has wrongly and unlawfully asserted that this
information and/or data is “in the public domain,” in violation of the
protections afforded by the federal copyright laws.
13. On or about May 12, 2011, Astrolabe sent a “takedown notice” to both the
National Institute of Health [hereinafter “NIH”], and the University of
California Los Angeles hereinafter “UCLA”], which have failed and/or
refused to remove the unauthorized publication and copying of the Works.
See Exhibit 1, May 12, 2011, Letter to NIH, and Exhibit 2, May 12, 2011,
Letter to UCLA.
14. Despite having received copies of the letters attached hereto as Exhibits 1 and
2, defendants Olson and Eggert continue to unlawfully publish the Works,
without permission and/or authorization to do so.
Count I
Copyright Violation -- Olson
15. Plaintiff repeats and reasserts the matters set forth above, as if fully set forth
herein, incorporating the same herein by reference, and further states:
16. In publishing any and/or all of the Works as set forth above, defendant Olson
has and does so in violation of the federal copyright protection laws of the
United States, to the detriment of plaintiff, Astrolabe.
17. Defendant Olson is well aware that the information and/or data wrongfully
and unlawfully published by him violates the plaintiff’s copyright in the
Works.
18. As a direct and proximate cause of defendant Olson’s unlawful and wrongful
publication of some and/or any portion of the Works, he has unlawfully
deprived plaintiff of income it would have otherwise derived from sales of the
same, and has wrongfully and unlawfully asserted that the information and/or
date taken from the Works is in the “public domain.”
WHEREFORE, plaintiff requests that this Honorable Court enter judgment in its
favor, and against the defendant Olson, and enter the following orders and/or judgments
of the Court:
A. Issue a temporary restraining order prohibiting defendant Olson from
unlawfully publishing any and/or some part of the Works;
Case 1:11-cv-11725-GAO Document 1 Filed 09/30/11 Page 3 of 5
B. Issue a permanent injunction prohibiting defendant Olson from
unlawfully publishing any and/or some part of the Works;
C. Award plaintiff damages and such other amounts, including interest,
attorney’s fees and costs, for the unlawful and wrongful use of the Works.
D. Such other orders and/or relief the Court deems just, reasonable and
appropriate.
Count II
Copyright Violation -- Eggert
19. Plaintiff repeats and reasserts the matters set forth above, as if fully set forth
herein, incorporating the same herein by reference, and further states:
20. In publishing any and/or all of the Works as set forth above, defendant Eggert
has and does so in violation of the federal copyright protection laws of the
United States, to the detriment of plaintiff, Astrolabe.
21. Defendant Eggert is well aware that the information and/or data wrongfully
and unlawfully published by him violates the plaintiff’s copyright in the
Works.
22. As a direct and proximate cause of defendant Eggert’s unlawful and wrongful
publication of some and/or any portion of the Works, he has unlawfully
deprived plaintiff of income it would have otherwise derived from sales of the
same, and has wrongfully and unlawfully asserted that the information and/or
date taken from the Works is in the “public domain.”
WHEREFORE, plaintiff requests that this Honorable Court enter judgment in its
favor, and against the defendant Eggert, and enter the following orders and/or judgments
of the Court:
A. Issue a temporary restraining order prohibiting defendant Eggert from
unlawfully publishing any and/or some part of the Works;
B. Issue a permanent injunction prohibiting defendant Eggert from
unlawfully publishing any and/or some part of the Works;
C. Award plaintiff damages and such other amounts, including interest,
attorney’s fees and costs, for the unlawful and wrongful use of the Works.
Case 1:11-cv-11725-GAO Document 1 Filed 09/30/11 Page 4 of 5
D. Such other orders and/or relief the Court deems just, reasonable and
appropriate.

Slashdot.org

Rob "CmdrTaco" Malda Resigns From Slashdot 1521

Posted by CmdrTaco
from the steve-got-front-cutsies dept.
After 14 years and over 15,000 stories posted, it's finally time for me to say Good-Bye to Slashdot. I created this place with my best friends in a run down house while still in college. Since then it has grown to be read by more than a million people, and has served Billions and Billions of Pages (yes, in my head I hear the voice). During my tenure I have done my best to keep Slashdot firmly grounded in its origins, but now it's time for someone else to come aboard and find the *future*. Personally I don't have any plans, but if you need to get ahold of me for any reason, you can find me as @cmdrtaco on twitter or Rob Malda on Google+. You could also update my mail address to be malda at cmdrtaco dot net. Hit the link below if you want to read some nostalgic saccharine crap that I need to get out of my system before I sign off for the last time.
NASA

NASA Discovers 7th Closest Star 137

Posted by CmdrTaco
from the practically-in-my-back-yard dept.
Thorfinn.au says "Scientists using data from NASA's Wide-field Infrared Survey Explorer (WISE) have discovered the coldest class of star-like bodies, with temperatures as cool as the human body. Astronomers hunted these dark orbs, termed Y dwarfs, for more than a decade without success. When viewed with a visible-light telescope, they are nearly impossible to see. WISE's infrared vision allowed the telescope to finally spot the faint glow of six Y dwarfs relatively close to our sun, within a distance of about 40 light-years. 'WISE scanned the entire sky for these and other objects, and was able to spot their feeble light with its highly sensitive infrared vision,' said Jon Morse, Astrophysics Division director at NASA Headquarters in Washington. 'They are 5,000 times brighter at the longer infrared wavelengths WISE observed from space than those observable from the ground.'"
Real Time Strategy (Games)

Sports Bars Changing Channels For Video Gamers 351

Posted by CmdrTaco
from the we-watch-channel-zero dept.
dtmos wrote in to say that "This summer, StarCraft II has become the newest bar room spectator sport. Fans organize so-called Barcraft events, taking over pubs and bistros from Honolulu to Florida and switching big-screen TV sets to Internet broadcasts of professional game matches. As they root for their on-screen superstars, StarCraft enthusiasts can sow confusion among regular patrons... But for sports-bar owners, StarCraft viewers represent a key new source of revenue from a demographic—self-described geeks—they hadn't attracted before."
Security

Researchers Report Spike In Boot Time Malware 132

Posted by CmdrTaco
from the can't-fight-the-fever dept.
wiredmikey writes "In their most recent intelligence report, Symantec researchers pointed out a massive increase in the amount of boot time malware striking users, noting there have already been as many new boot time malware threats detected in the first seven months of 2011 as there were in the previous three years. Also known as MBR (master boot record) threats, the malware infect an area of the hard disk that makes them one of the first things to be read and executed when a computer is turned on. This enables the threats to effectively dodge many security defenses."

+ - Facebook Data Collection Under Fire Again->

Submitted by
JohnBert
JohnBert writes "A German privacy protection authority is calling on organizations there to close their Facebook fan pages and remove the social networking site's "Like" button from their websites, arguing that Facebook harvests data in violation of German and European Union law.

The Independent Centre for Privacy Protection (ULD), the privacy protection agency for the German state of Schleswig-Holstein, issued a news release on Friday saying Facebook builds a broad, individualized profile for people who view Facebook content on third-party websites.

Data is sent back to Facebook's servers in the U.S., which the agency alleges violates the German Telemedia Act, the German Federal Data Protection Act and the Data Protection Act of Schleswig-Holstein. The agency alleges the data is held by Facebook for two years, and wants website owners in the state to remove links to Facebook by the end of next month or possibly face a fine."

Link to Original Source
NASA

Humanoid Robot Wakes In Space, Tweets 91

Posted by CmdrTaco
from the kill-all-humans dept.
DeviceGuru writes to note that "Robonaut 2 (aka R2), the first humanoid robot to become a permanent resident of the International Space Station (ISS), was awakened from stasis this week after six months in orbit. R2s first words? 'Those electrons feel GOOD!' The success of R2's activation on the ISS paves the way for putting R2 through its first movements in orbit on Sept. 1, when R2 will be sent commands for moving its arms and hands. Assuming these and other tests proceed without a hitch, R2 will start assisting the ISS crew with simple tasks in 2012. Coffee? Tea? Cigarettes?"
Robotics

+ - SD cards: the cheap way to boost laptop storage->

Submitted by
Barence
Barence writes "Many modern laptops come with only a limited capacity SSD that cost hundreds of pounds to upgrade. PC Pro has investigated whether SD cards make a cheaper alternative to upgrading your SSD. The biggest problem is that SD cards have limited number of guaranteed write cycles before the card risks failing, so they’re best considered for storing files you don’t update often – a media collection, for example. Read and write speeds are also much slower than those available from SSDs. Nevertheless, "if you’re after only a quick boost in capacity for non-critical files, the sheer convenience of being able to leave an SD card in the laptop at all times makes it a great way to save money," PC Pro concludes."
Link to Original Source
Patents

Interview With 'Idiot' Behind Key Software Patent 223

Posted by CmdrTaco
from the hate-when-that-happens dept.
An anonymous reader writes "Last week, an appeals court ruling opened the door to making it easier to kill software patents. It turns out that the guy whose name was on the actual patent didn't even realize it was at the center of the debate, and doesn't like software patents very much. 'So I was thinking — great they invalidated software patents, lets see what crappy patent written by an idiot they picked to do it — then I realized the idiot in question was me.'"
Microsoft

+ - Windows 8: estimated transfer time is no more-> 1

Submitted by
MrSeb
MrSeb writes "Ahh, the Windows Explorer progress dialog. For years it has been struggling to figure out how to calculate how long our copy and delete operations would take, sliding the progress bar back and forth in a seemingly random, haphazard way, the laws of time all but ceasing to exist — five seconds remaining one moment and 13 minutes the next. That’s (almost) all going to change, with the arrival of a greatly improved file management experience in Windows 8. Copy, move, delete, rename, and conflict resolution are all being overhauled for Windows 8 — and it's about time!"
Link to Original Source
Security

+ - Researchers Report Spike in Boot Time Malware->

Submitted by wiredmikey
wiredmikey (1824622) writes "In its most recent intelligence report, Symantec researchers reported a massive increase in the amount of boot time malware striking users, noting there have already been as many new boot time malware threats detected in the first seven months of 2011 as there were in the previous three years.

Also known as MBR (master boot record) threats, the malware infect an area of the hard disk that makes them one of the first things to be read and executed when a computer is turned on. This enables the threats to effectively dodge many security defenses.

In June, Microsoft warned Windows users about a bootkit Trojan known as Popureb, touching off discussions about whether or not infected users were better off completely re-installing Windows.

Infecting the MBR is not a new technique per se; many of the old boot sector viruses from over a decade ago did something similar, the report notes. The difference is modern MBR malware do so much more than just infecting the MBR. It certainly looks as if MBR malware is making a comeback in 2011."

Link to Original Source

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