Media

AV1's Open, Royalty-Free Promise In Question As Dolby Sues Snapchat Over Codec (arstechnica.com) 44

An anonymous reader quotes a report from Ars Technica: AOMedia Video 1 (AV1) was invented by a group of technology companies to be an open, royalty-free alternative to other video codecs, like HEVC/H.265. But a lawsuit that Dolby Laboratories Inc. filed this week against Snap Inc. calls all that into question with claims of patent infringement. Numerous lawsuits are currently open in the US regarding the use of HEVC. Relevant patent holders, such as Nokia and InterDigital, have sued numerous hardware vendors and streaming service providers in pursuit of licensing fees for the use of patented technologies deemed essential to HEVC.

It's a touch rarer to see a lawsuit filed over the implementation of AV1. The Alliance for Open Media (AOMedia), whose members include Amazon, Apple, Google, Microsoft, Mozilla, and Netflix, says it developed AV1 "under a royalty-free patent policy (Alliance for Open Media Patent License 1.0)" and that the standard is "supported by high-quality reference implementations under a simple, permissive license (BSD 3-Clause Clear License)."

Yet, Dolby's lawsuit filed in the US District Court for the District of Delaware [PDF] alleges that AV1 leverages technologies that Dolby has patented and has not agreed to license for free and without receiving royalties. The filing reads: "[AOMedia] does not own all patents practiced by implementations of the AV1 codec. Rather, the AV1 specification was developed after many foundational video coding patents had already been filed, and AV1 incorporates technologies that are also present in HEVC. Those technologies are subject to existing third-party patent rights and associated licensing obligations." Dolby is seeking a jury trial, a declaration that Dolby isn't obligated to license the patents in questions under FRAND (fair, reasonable, and non-discriminatory) licensing obligations, and for the court to enjoin Snap from further "infringement."

AI

OpenAI is Hiring a New 'Head of Preparedness' to Predict/Mitigate AI's Harms (engadget.com) 42

An anonymous reader shared this report from Engadget: OpenAI is looking for a new Head of Preparedness who can help it anticipate the potential harms of its models and how they can be abused, in order to guide the company's safety strategy.

It comes at the end of a year that's seen OpenAI hit with numerous accusations about ChatGPT's impacts on users' mental health, including a few wrongful death lawsuits. In a post on X about the position, OpenAI CEO Sam Altman acknowledgedthat the "potential impact of models on mental health was something we saw a preview of in 2025," along with other "real challenges" that have arisen alongside models' capabilities. The Head of Preparedness "is a critical role at an important time," he said.

Per the job listing, the Head of Preparedness (who will make $555K, plus equity), "will lead the technical strategy and execution of OpenAI's Preparedness framework, our framework explaining OpenAI's approach to tracking and preparing for frontier capabilities that create new risks of severe harm."

"These questions are hard," Altman posted on X.com, "and there is little precedent; a lot of ideas that sound good have some real edge cases... This will be a stressful job and you'll jump into the deep end pretty much immediately."

The listing says OpenAI's Head of Preparedness "will lead a small, high-impact team to drive core Preparedness research, while partnering broadly across Safety Systems and OpenAI for end-to-end adoption and execution of the framework." They're looking for someone "comfortable making clear, high-stakes technical judgments under uncertainty."
Music

Viral Song Created with Suno's genAI Removed From Streaming Platforms, Re-Released With Human Vocals (yahoo.com) 27

An EDM song by the British group Haven ran into trouble in October after it shared clips of upcoming song "I Run" on TikTok.

The song "was an overnight viral sensation online," writes Digital Music News — racking up millions of plays "even before it hit streaming services." (Although the Washington Post notes that "Record labels and TikTok users began questioning whether 'I Run' used an AI deepfake, modeled off British R&B singer Jorja Smith, for the vocals.")

Digital Music News picks up the story: The artist says he used his own voice to record the vocals, and then ran it through layers of processing and filtering to turn it into the female-sounding voice heard in the track. However, that filtering also included the use of the controversial genAI platform Suno — and that's what complicates things... [The article says later that Suno "is currently in the middle of a blockbuster lawsuit with the Big Three major labels over allegations of widespread copyright infringement of sound recordings used during the AI model training process."]

Meanwhile, the song was rapidly amassing listenership. It soared to #11 on the U.S. Spotify chart and #25 on Spotify globally. Videos using the song continued going viral on TikTok and Instagram, including one in which rapper Offset had apparently played the song during a Boiler Room set, which later turned out to be falsified. And then, as quickly as it appeared, "I Run" was taken down from streaming services, including Spotify and Apple Music. That was due, in part, to numerous takedown notices from The Orchard, the label to which Jorja Smith is signed, as well as the RIAA and IFPI. The takedown notices alleged various issues with the track, including the "misrepresentation" of another artist, as well as copyright infringement.

As a result, the song has also been withheld from the Billboard charts, including the Hot 100, on which it had been predicted to debut this week before the controversy. Billboard points out that it "reserves the right to withhold or remove titles from appearing on the charts that are known to be involved in active legal disputes related to copyright infringement that may extend to the deletion of such content on digital service providers."

The song itself has now been re-released with an all-human vocal track. But going forward will the music industry ever work with AI platforms? The Washington Post reports: "I Run" has taken off as record labels remain unsure of the extent to which they should welcome generative AI programs such as Suno or Udio into the industry. After the two AI music companies began growing in popularity, the three major labels — Sony Music, Warner Music Group and Universal Music Group — filed lawsuits against Suno and Udio, claiming that the AI companies have used the labels' sound recordings to train their model.

Since then, UMG and Warnerhave reached agreementsto work with Udio, ending their litigation... It comes shortly after all three major labels licensed their catalogue to Klay, a music streaming start-up that allows users to adjust songs using artificial intelligence. Major licensing organizations such as ASCAP and BMI shared that they would register songs that were partially AI-generated — but not fully generated ones.

Haven appears to present an uncomfortable edge case. While some AI-generated songs that sound broadly like other artists have been allowed to remain on streaming platforms, the voice in "I Run" appears to have been deemed too duplicative for comfort.

The Courts

OpenAI Dropped From First Ever AI Programming Copyright Lawsuit 8

OpenAI escaped a copyright lawsuit from a group of open-source programmers after they voluntarily dismissed their case against the company in federal court. From a report: The programmers, who allege the generative AI programming tool Copilot was trained on their code without proper attribution, filed their notice of voluntary dismissal Thursday, but will still have their case against GitHub and parent company Microsoft, which collaborated with OpenAI in developing the tool. The proposed class action filed in 2022 in the US District Court for the Northern District of California was the first major copyright case against OpenAI, which has since been hit with numerous lawsuits from authors and news organizations including the New York Times.
United States

Cable Lobby Vows 'Years of Litigation' To Avoid Bans on Blocking and Throttling (arstechnica.com) 91

An anonymous reader shares a report: The Federal Communications Commission has scheduled an April 25 vote to restore net neutrality rules similar to the ones introduced during the Obama era and repealed under former President Trump. The text of the pending net neutrality order wasn't released today. The FCC press release said it will prohibit broadband providers "from blocking, slowing down, or creating pay-to-play Internet fast lanes" and "bring back a national standard for broadband reliability, security, and consumer protection."

[...] Numerous consumer advocacy groups praised the FCC for its plan today. Lobby groups representing Internet providers expressed their displeasure. While there hasn't been a national standard since then-Chairman Ajit Pai led a repeal in 2017, Internet service providers still have to follow net neutrality rules because California and other states impose their own similar regulations. The broadband industry's attempts to overturn the state net neutrality laws were rejected in court.

Although ISPs seem to have been able to comply with the state laws, they argue that the federal standard will hurt their businesses and consumers. "Reimposing heavy-handed regulation will not just hobble network investment and innovation, it will also seriously jeopardize our nation's collective efforts to build and sustain reliable broadband in rural and unserved communities," cable lobbyist Michael Powell said today. Powell, the CEO of cable lobby group NCTA-The Internet & Television Association, was the FCC chairman under President George W. Bush. Powell said the FCC must "reverse course to avoid years of litigation and uncertainty" in a reference to the inevitable lawsuits that industry groups will file against the agency.

Patents

Dell and Partners Smash Patent Troll WSOU in Court (beehiiv.com) 37

In the land of patent litigation, all patent trolls want to file in the US Western District of Texas Court. This court is infamous for being sympathetic to patent plaintiffs. That's why patent litigator WSOU Investments, aka Brazos Licensing and Development, went after Dell, EMC, and VMware in this Court. Usually, this would have been the smart move. Not this time. District Judge Alan Albright granted the defendants a directed verdict, and that was the end of the matter. From a report: What happened was this: WSOU, although successful before with their carpet bombing patent lawsuit strategy, failed this time. According to the lead defense counsel and Gibson Dunn partner, Brian A. Rosenthal, "This case got to trial because the plaintiff refused to come to their senses before trial. We obtained a number of serious exclusions of evidence prior to trial, and told them very early on the case had no merit." The judge agreed.

That came as a surprise to those of us who watch patent lawsuits, so you don't have to. As Heather Meeker, the well-known open-source and intellectual property (IP) lawyer, said, "This is surprisingly defendant-friendly from Judge Albright, who has received a lot of criticism for making Waco such a patent plaintiff-friendly docket." Until now, WSOU had been very successful. As a Patent Assertion Entity (PAEs), its only goal is to profit by acquiring patents and then suing companies that might be using the patents' intellectual property (IP) assets. It does this by using its portfolio of technology patents to file numerous individual suits involving different patents against companies. WSOU's main tactic, as Unified Patents put it, "forces operating companies to either settle or fight, on average, eight lawsuits at once."

Most companies faced with the financial burden of struggling with so many lawsuits settle rather than fight. Not this time. For the first time, companies decided to take the issues to court. In this particular set of cases, WSOU claimed in a June 2020 lawsuit that the defendants had infringed on three cloud infrastructure networking patents, and sought $435 million in damages. Rosenthal argued that the patents in question were old and irrelevant to the defendants' interests. The defense team had informed WSOU in October 2020 that there was no proof of direct infringement, but the plaintiff persisted with the case, leading to exclusions of evidence prior to trial. So it was that on the first day of the trial, two of the patents were tossed out on evidentiary rulings, and the plaintiff rested its case on the third day. The defense then requested a directed verdict, which was granted by Albright, resulting in a win for the defendants. In short, even this patent-friendly court could find no evidence at all for WSOU's assertions.

AI

Artists Opposing AI Image Generators Use Mickey Mouse to Goad Copyright Lawsuits (dailydot.com) 149

AI tools like DALL-E 2, Lensa AI, and Midjourney "can be told to create imagery in the style of a particular artist," notes this article in the Daily Dot.

Yet "The current legal consensus, much to the chagrin of many artists, concludes that AI-generated art is in the public domain and therefore not copyrighted." So... In response to concerns over the future of their craft, artists have begun using AI systems to generate images of characters including Disney's Mickey Mouse. Given Disney's history of fierce protection over its content, the artists are hoping the company takes action and thus proves that AI art isn't as original as it claims. Over the weekend, Eric Bourdages, the Lead Character Artist on the popular video game Dead by Daylight, urged his followers to create and sell merchandise using the Disney-inspired images he created using Midjourney.... "Legally there should be no recourse from Disney as according to the AI models TOS these images transcends copyright and the images are public domain."

Bourdages tweet quickly racked up more than 37,000 likes and close to 6,000 shares.

In numerous follow-up tweets, Bourdages generated images of other popular characters from movies, video games, and comic books, including Darth Vader, Spider-Man, Batman, Mario, and Pikachu.

"More shirts courtesy of AI," he added. "I'm sure, Nintendo, Marvel, and DC won't mind, the AI didn't steal anything to create these images, they are completely 100% original...."

Just two days after sharing the images, however, Bourdages stated on Twitter that he had suddenly lost his access to Midjourney.

The article notes that Bourdages reiterated his point in a later tweet. "People's craftsmanship, time, effort, and ideas are being taken without their consent and used to create a product that can blend it all together and mimic it to varying degrees."
The Almighty Buck

MGM Paid Problem Gambler To Not Report Online Glitches 30

An anonymous reader quotes a report from the Associated Press: A New York City man is suing an Atlantic City casino, its parent company and its online betting partner, alleging he was repeatedly disconnected while gambling online, and was given payments to prevent him from reporting the malfunctions to New Jersey gambling regulators during a nine-month span in which he wagered over $29 million. Sam Antar says he is a compulsive gambler -- a fact he says was well-known to defendants in the case including the Borgata casino, MGM Resorts International, and its online partner Entain. In a lawsuit filed Wednesday in state Superior Court in Middlesex County, Antar accuses the defendants of fraud, racketeering and other transgressions. His lawsuit asserts that he experienced thousands of disconnections from the online platforms, often when he had a winning hand that was then wiped out.

His lawyer, Christopher Gramiccioni, said Antar experienced a disconnection rate approaching 50% during the nine months covered by the lawsuit. He added Antar, 46, had lost "easily hundreds of thousands of dollars" during that time. "It's one thing if you have technical issues intermittently," said Gramiccioni, a former Monmouth County prosecutor. "It is quite another when you have them 50% of the time. The casino did not take corrective action as required. They kept doubling down and giving him $30,000 a month, feeding him extra money to try to avoid scrutiny by the regulatory agencies."

In his lawsuit, Antar claims he alerted numerous employees and officials with the gambling companies to the fact that there was a serious, recurring problem with disconnections, but that they knowingly kept malfunctioning games available to the public because they were too profitable to take down. He says his complaints were made to local supervisors and VIP hosts, an online complaint portal, and even to the president of the casino and the CEO of its parent company. He also claims the companies paid him near-daily bonuses totaling $30,000 a month to keep him playing and to entice him not to report problems with the games to the New Jersey Division of Gaming Enforcement. [...] Antar said employees acknowledged problems with the system were affecting other customers as well. In a July 17, 2019 text and email conversation, Antar quotes one as telling him "other players are not getting anywhere near what you are getting" in terms of compensation for being kicked offline while gambling.
"In 2013, Sam Antar was sentenced to 21 months in federal prison for taking $225,000 in a fraudulent investment scheme" to feed his compulsive gambling habit, notes the report.
Crime

Reuters: 'How Mercenary Hackers Sway Litigation Battles' (reuters.com) 7

Reuters shares the results of its investigation into what it calls "mercenary hackers": Reuters identified 35 legal cases since 2013 in which Indian hackers attempted to obtain documents from one side or another of a courtroom battle by sending them password-stealing emails. The messages were often camouflaged as innocuous communications from clients, colleagues, friends or family. They were aimed at giving the hackers access to targets' inboxes and, ultimately, private or attorney-client privileged information.

At least 75 U.S. and European companies, three dozen advocacy and media groups and numerous Western business executives were the subjects of these hacking attempts, Reuters found.

The Reuters report is based on interviews with victims, researchers, investigators, former U.S. government officials, lawyers and hackers, plus a review of court records from seven countries. It also draws on a unique database of more than 80,000 emails sent by Indian hackers to 13,000 targets over a seven-year period. The database is effectively the hackers' hit list, and it reveals a down-to-the-second look at who the cyber mercenaries sent phishing emails to between 2013 and 2020.... The targets' lawyers were often hit, too. The Indian hackers tried to break into the inboxes of some 1,000 attorneys at 108 different law firms, Reuters found....

"It is an open secret that there are some private investigators who use Indian hacker groups to target opposition in litigation battles," said Anthony Upward, managing director of Cognition Intelligence, a UK-based countersurveillance firm.

The legal cases identified by Reuters varied in profile and importance. Some involved obscure personal disputes. Others featured multinational companies with fortunes at stake. From London to Lagos, at least 11 separate groups of victims had their emails leaked publicly or suddenly entered into evidence in the middle of their trials. In several cases, stolen documents shaped the verdict, court records show.

Reuters spoke to email experts including Linkedin, Microsoft and Google to help confirm the authenticity of the data they'd received, and reports that one high-profile victim was WeWork co-founder Adam Neumann. (After Reuters told him he'd been targetted starting in 2017, Neumann hired a law firm.) "Reuters reached out to every person in the database — sending requests for comment to each email address — and spoke to more than 250 individuals. Most of the respondents said the attempted hacks revealed in the email database occurred either ahead of anticipated lawsuits or as litigation was under way."

America's FBI has been investigating the breachers since at least early 2018, Reuters reports, adding that pressure is now increasing on private eyes who acted as go-betweens for interested clients.

Meanwhile, Reuters found former employees of the mercenary firms, who told them that the firms employed dozens of workers — though "a month's salary could be as low as 25,000 rupees (then worth about $370), according to two former workers and company salary records...

"Asked about the hacker-for-hire industry, an official with India's Ministry of Justice referred Reuters to a cybercrime hotline, which did not respond to a request for comment."
Privacy

Spyware and Pegasus: How Democracies Spy on Their Citizens (newyorker.com) 55

Writing for the New Yorker, Ronan Farrow reports on Pegasus, "a spyware technology designed by NSO Group, an Israeli firm, which can extract the contents of a phone, giving access to its texts and photographs, or activate its camera and microphone to provide real-time surveillance — exposing, say, confidential meetings." Pegasus is useful for law enforcement seeking criminals, or for authoritarians looking to quash dissent.... In Catalonia, more than sixty phones — owned by Catalan politicians, lawyers, and activists in Spain and across Europe — have been targeted using Pegasus. This is the largest forensically documented cluster of such attacks and infections on record. Among the victims are three members of the European Parliament... Catalan politicians believe that the likely perpetrators of the hacking campaign are Spanish officials, and the Citizen Lab's analysis suggests that the Spanish government has used Pegasus....

In recent years, investigations by the Citizen Lab and Amnesty International have revealed the presence of Pegasus on the phones of politicians, activists, and dissidents under repressive regimes. An analysis by Forensic Architecture, a research group at the University of London, has linked Pegasus to three hundred acts of physical violence. It has been used to target members of Rwanda's opposition party and journalists exposing corruption in El Salvador. In Mexico, it appeared on the phones of several people close to the reporter Javier Valdez Cárdenas, who was murdered after investigating drug cartels. Around the time that Prince Mohammed bin Salman of Saudi Arabia approved the murder of the journalist Jamal Khashoggi, a longtime critic, Pegasus was allegedly used to monitor phones belonging to Khashoggi's associates, possibly facilitating the killing, in 2018. (Bin Salman has denied involvement, and NSO said, in a statement, "Our technology was not associated in any way with the heinous murder.") Further reporting through a collaboration of news outlets known as the Pegasus Project has reinforced the links between NSO Group and anti-democratic states.

But there is evidence that Pegasus is being used in at least forty-five countries, and it and similar tools have been purchased by law-enforcement agencies in the United States and across Europe. Cristin Flynn Goodwin, a Microsoft executive who has led the company's efforts to fight spyware, told me, "The big, dirty secret is that governments are buying this stuff — not just authoritarian governments but all types of governments...." "Almost all governments in Europe are using our tools," Shalev Hulio, NSO Group's C.E.O., told me. A former senior Israeli intelligence official added, "NSO has a monopoly in Europe." German, Polish, and Hungarian authorities have admitted to using Pegasus. Belgian law enforcement uses it, too, though it won't admit it.

Calling the spyware industry "largely unregulated and increasingly controversial," the article notes how it's now impacting major western democracies. "The Citizen Lab's researchers concluded that, on July 26 and 27, 2020, Pegasus was used to infect a device connected to the network at 10 Downing Street, the office of Boris Johnson, the Prime Minister of the United Kingdom.... The United States has been both a consumer and a victim of this techÂnology. Although the National Security Agency and the C.I.A. have their own surveillance technology, other government offices, including in the military and in the Department of Justice, have bought spyware from private companies, according to people involved in those transactions."

But are the company's fortunes faltering? The company has been valued at more than a billion dollars. But now it is contending with debt, battling an array of corporate backers, and, according to industry observers, faltering in its long-standing efforts to sell its products to U.S. law enforcement, in part through an American branch, Westbridge Technologies. It also faces numerous lawsuits in many countries, brought by Meta (formerly Facebook), by Apple, and by individuals who have been hacked by NSO....

In November, the [U.S.] Commerce Department added NSO Group, along with several other spyware makers, to a list of entities blocked from purchasing technology from American companies without a license. I was with Hulio in New York the next day. NSO could no longer legally buy Windows operating systems, iPhones, Amazon cloud servers — the kinds of products it uses to run its business and build its spyware.

Open Source

Redditors Aim to 'Free Science' From For-Profit Publishers (interestingengineering.com) 63

A group of Redditors came together in a bid to archive over 85 million scientific papers from the website Sci-Hub and make an open-source library that cannot be taken down. Interesting Engineering reports: Over the last decade or so, Sci-Hub, often referred to as "The Pirate Bay of Science," has been giving free access to a huge database of scientific papers that would otherwise be locked behind a paywall. Unsurprisingly, the website has been the target of multiple lawsuits, as well as an investigation from the United States Department of Justice. The site's Twitter account was also recently suspended under Twitter's counterfeit policy, and its founder, Alexandra Elbakyan, reported that the FBI gained access to her Apple accounts.

Now, Redditors from a subreddit called DataHoarder, which is aimed at archiving knowledge in the digital space, have come together to try to save the numerous papers available on the website. In a post on May 13, the moderators of r/DataHoarder, stated that "it's time we sent Elsevier and the USDOJ a clearer message about the fate of Sci-Hub and open science. We are the library, we do not get silenced, we do not shut down our computers, and we are many." This will be no easy task. Sci-Hub is home to over 85 million papers, totaling a staggering 77TB of data. The group of Redditors is currently recruiting for its archiving efforts and its stated goal is to have approximately 8,500 individuals torrenting the papers in order to download the entire library. Once that task is complete, the Redditors aim to release all of the downloaded data via a new "uncensorable" open-source website.

The Almighty Buck

US Files Lawsuits Over Robocall Scams, Cites 'Massive Financial Losses' (reuters.com) 60

An anonymous reader quotes a report from Reuters: The U.S. government on Tuesday sued five U.S. companies and three individuals, alleging they were behind hundreds of millions of fraudulent robocalls that scammed elderly Americans and others into "massive financial losses." The U.S. Justice Department lawsuits said most of the calls originated in India and used voice over internet protocol (VoIP) carriers, which use internet connections instead of traditional copper phone lines.

The companies named in the suits include Tollfreedeals.com, Global Voicecom Inc., Global Telecommunication Services Inc and KAT Telecom Inc. The Justice Department said the robocalls led to "massive financial losses to elderly and vulnerable victims across the nation." U.S. Attorney Richard Donoghue, who overseas the Eastern District of New York office, said that for the first time, the Justice Department was targeting "U.S.-based enablers" and seeking temporary restraining orders to block further calls. The government said the firms were warned numerous times they were carrying fraudulent robocalls.

The Courts

Top MPAA Lawyer, Mastermind Behind Its Plan To Attack the Internet, Arrested On Blackmail and Sexual Assault Charges (techdirt.com) 67

Steven Fabrizio, a top executive at the Motion Picture Association of America, has been fired following charges of second degree sexual abuse and blackmail. An anonymous reader shares an excerpt from a Techdirt report, written by Mike Masnick: Beyond being the MPAA's top legal attack dog for nearly a decade, the Sony Pictures email leak showed that Fabrizio was the mastermind behind Hollywood's Project Goliath to use MPAA/Hollywood Studio funds to pay for having state Attorney's General and news media owned by those studios, to attack Google to try to pressure it into some sort of "deal" with the studios. Fabrizio was also formerly the top litigator at the RIAA, and led its charge against Napster. Fabrizio was deeply involved in key copyright lawsuits, including the fights against Grokster, Hotfile, and Aereo. Basically, much of the history of "anti-piracy" litigation and "anti-piracy" efforts regarding the internet, was somehow touched by Steve Fabrizio. And, of course, the usual line that people would give in supporting these positions is that it was necessary is because "piracy is illegal" and so on.

Anyway, that's why it's a bit shocking to discover that Fabrizio has now been arrested in DC (and fired by the MPAA) for alleged sexual assault and blackmail. Variety's story on the charges is really quite incredible: "According to a police affidavit, Fabrizio is accused of threatening a woman he met on a 'sugar daddy' dating site. The police allege that Fabrizio and the woman had consensual sex once on Aug. 19, after which he paid her $400. After that, she did not want to see him again. According to the affidavit, Fabrizio sent numerous texts insisting on a second meeting, and threatening to expose her if she did not comply. 'I know where you live,' he allegedly wrote. 'I know where you work. Don't think -- Hospital would be happy to know that it's young nurses are having sexual for money / Same for your landlord.' Fabrizio allegedly used those threats to coerce her into having sex again, according to the affidavit. The police allege that he then sent additional texts threatening to tell her parents if she did not continue to have sex with him a couple times a month. The woman called the police. After arranging for another meeting, Fabrizio was arrested outside the woman's apartment on Friday morning, according to the document."

Businesses

Amazon Can Be Held Liable For Third-Party Seller Products, Court Says (reuters.com) 136

A federal appeals court on Wednesday ruled that Amazon can be held liable for third-party seller products, exposing the online retailer to lawsuits from customers who buy defective products through its website. Reuters reports: Numerous other courts, including two federal appeals courts, have held that Amazon cannot be held liable as a seller of products from third-party vendors. The new ruling from the 3rd U.S. Circuit Court of Appeals in Philadelphia, which reversed a lower court decision, appeared to be the first to buck that trend. Liability for defective products is generally governed by state law, and Wednesday's decision is based on the laws of Pennsylvania, where the customer, Heather Oberdorf, lives.

Oberdorf sued Amazon in 2016 in a federal court in Pennsylvania, saying she was blinded in one eye when a retractable dog leash she bought through the company's website from a third-party vendor snapped and recoiled, hitting her in the face. The Furry Gang shipped the leash directly to Oberdorf from Nevada. Neither Oberdorf nor Amazon has been able to locate any representative of the Furry Gang, which has not been active on Amazon's site since 2016, according to court papers. In Wednesday's opinion, Circuit Judge Jane Richards Roth, writing for a 2-1 majority of a three-judge panel, said Amazon may be liable in part because its business model "enables third-party vendors to conceal themselves from the customer, leaving customers injured by defective products with no direct recourse to the third-party vendor."

Bitcoin

QuadrigaCX's Crypto Accounts Were Emptied Months Before CEO's Mysterious Death, Putting Fate of $137 Million In Doubt (businessinsider.com) 166

An anonymous reader quotes a report from Business Insider: Millions of dollars were missing when the CEO of a crypto exchange died without sharing the passwords to his accounts. Investigators recently cracked his laptop -- only to find the money was gone. Gerald Cotten, the founder of QuadrigaCX, was thought to have had sole access to the funds and coins exchanged on it. After his death in December, his colleagues said that about $137 million in cryptocurrency belonging to about 115,000 customers was held offline in "cold storage" and inaccessible. The case has sparked numerous theories, including that Cotten faked his own death and ran off with the cash. A court-appointed auditor, Ernst & Young, was able to crack Cotten's laptop and found that the accounts were emptied in April, eight months before his death, it said in a report last week.

The investigators said they found other issues too, such as that Quadriga kept "limited books and records" and never reported its financials. Ernst & Young also said it found 14 user accounts linked to Cotten that traded on Quadriga's exchange and withdrew cryptocurrency to addresses not tied to Quadriga. Burdened with $190 million in debt and unable to find or access the money, Quadriga filed for creditor protection in late January. A Nova Scotia court threw the company a lifeline this week, granting it a 45-day extension that prevents creditors from filing lawsuits against it until mid-April.

Piracy

Hollywood Tries To Cripple Several Alleged Pirate TV Services In One Lawsuit (arstechnica.com) 30

The major Hollywood movie studios last week filed a copyright infringement suit against Omniverse One World Television Inc., which provides streaming video to several online TV services. Omniverse claims to have legal rights to the content, but the studios say it doesn't. Ars Technica reports: The complaint was filed Thursday in U.S. District Court for the Central District of California by Columbia Pictures, Disney, Paramount Pictures, 20th Century Fox, Universal, and Warner Bros. The studios previously used lawsuits to shut down the maker of a streaming device called the Dragon Box and another called TickBox. The studios' new lawsuit says that Omniverse supplied content to Dragon Box and to other alleged pirate services that are still operating.

Services using Omniverse content are advertised as "Powered by Omniverse." Besides Dragon Box, they include "SkyStream TV, Flixon TV, and Silicon Dust's HDHomeRun Service," according to the lawsuit. SkyStream, for example, offers more than 70 live TV channels for $35 a month, while pricier packages, according to the complaint, also include premium channels such as HBO. SkyStream's website says its service "is delivered In Cooperation with Omniverse One World Television." According to its website, Omniverse "partners with key distributors across the USA to empower end users with the ability to view their favorite TV channels with no contracts, no credit checks, and no long-term obligations." [T]he movie studios' lawsuit alleges that Omniverse has no rights to distribute their video content. While Netflix, Amazon, Hulu, YouTube TV, and other legitimate streaming services purchase rights to the content, Omniverse has not, the lawsuit said. The complaint asks for an injunction shutting the company down and damages of up to $150,000 for each infringed work.
"Defendant Jason DeMeo and his company, Omniverse, stream Plaintiffs' copyrighted movies and television shows without authorization to an already large, and rapidly growing, number of end users," the lawsuit said. "Defendants are not, however, just an infringing, consumer-facing service, akin to Dragon Box. Defendants operate at a higher level in the supply chain of infringing content -- recruiting numerous downstream services like Dragon Box into the illicit market and providing them with access to unauthorized streams of copyrighted content. Defendants function as a 'hub' of sorts, with the enlisted downstream services as the 'spokes.' Omniverse's offering is illegal, it is growing, and it undermines the legitimate market for licensed services."
The Courts

Court Again Rules That Cable Giants Can't Weaponize the First Amendment (techdirt.com) 152

Charter has been using the argument that their First Amendment rights are being violated as it fights off state lawsuits for its poor service. "It recently tried to use the First Amendment card again in a legal battle with Byron Allen's Entertainment Studios Networks (ESN), which recently accused Charter of violating the Civil Rights Act of 1866 by refusing to carry TV channels run by the African-American-owned ESN," reports Techdirt. "While Charter tried to have the suit dismissed by claiming that the First Amendment prohibits such claims because an ISP enjoys 'editorial discretion,' the ruling by the U.S. Court of Appeals for the Ninth Circuit didn't agree." From the report: The court noted that while ISPs and cable companies do enjoy some First Amendment protection, it doesn't apply here, just like it didn't apply in the net neutrality fight: "As part of its defense, Charter had told the court that by choosing which channels to carry, the company was engaging in a form of editorial discretion protected by the First Amendment. Therefore, it said, the court would have to use a stricter standard to evaluate Entertainment Studios' claim of a legal violation -- a standard that might result in the claim being rejected. The Ninth Circuit said otherwise, saying that just because Charter engages in corporate speech when it selects which channels to carry does not 'automatically' require the court to use the tougher standard."

As a result, the court is letting the case move forward. For its part, ESN's discrimination complaint alleges that its complaint is based on more than just having its channel withheld from the company's cable lineup: "The opinion on Charter's motion to dismiss also marks a victory for the 25-year-old programming firm founded by comedian Byron Allen, which bought the Weather Channel in March and accused Charter executives in court of hurling racist insults at Allen and other black Americans in numerous encounters. In one alleged instance, Charter chief executive Tom Rutledge called Allen, who is black, 'boy' at an industry conference and advised him to change his behavior, according to court documents. In another alleged example, the court said, Charter's senior executive in charge of programming, Allan Singer, approached a group of black protesters outside Charter's offices to tell them to 'get off of welfare.'"

Patents

Patent Troll Values Its Entire Portfolio At $2, Goes Bankrupt (arstechnica.com) 117

mspohr shares a report from Ars Technica: In September 2018, Shipping & Transit LLC (formerly known as ArrivalStar) filed for Chapter 7 bankruptcy -- voluntary liquidation -- but no one seems to have noticed until the Electronic Frontier Foundation pointed it out on October 31. The company claimed that it held the patent on vehicle tracking and related alerts. But about 15 months ago, judges began to rule against Shipping & Transit for the first time. That seems to have put a damper on its entire business model.

Now, according to Shipping & Transit LLC's federal bankruptcy filings, its global patent holdings (34 in the United States and 29 elsewhere) are worth a whopping $2. Meanwhile, it owes more than $423,000 to numerous creditors, including banks, law firms, and something called the "West African Investment Trust," based in Geneva, Switzerland.

Emulation (Games)

Lawsuit Threat Shuts Down ROM Downloads On Major Emulation Site 'EmuParadise' (arstechnica.com) 79

Following Nintendo's recent lawsuits against ROM sites LoveROMs and LoveRetro, a major ROM repository called EmuParadise announced it will preemptively cease providing downloadable versions of copyrighted classic games. While no lawsuits have been filed yet, the site's founder, MasJ, writes in an announcement post: "It's not worth it for us to risk potentially disastrous consequences. I cannot in good conscience risk the futures of our team members who have contributed to the site through the years. We run EmuParadise for the love of retro games and for you to be able to revisit those good times. Unfortunately, it's not possible right now to do so in a way that makes everyone happy and keeps us out of trouble." Ars Technica reports: EmuParadise will continue to operate as a repository for legal downloads of classic console emulators, as well as a database of information on thousands of classic games. "But you won't be able to get your games from here for now," as MasJ writes. Since founding EmuParadise in 2000, MasJ says EmuParadise has faced threatening letters, server shutdowns, and numerous DMCA takedown requests for individual games. Through it all, he says he was encouraged by "thousands of emails from people telling us how happy they've been to rediscover and even share their childhood with the next generations in their families."
Government

US Government Weighing Sanctions Against Kaspersky Lab (cyberscoop.com) 99

An anonymous reader quotes a report from CyberScoop: The U.S. government is considering sanctions against Russian cybersecurity company Kaspersky Lab as part of a wider round of action carried out against the Russian government, according to U.S. intelligence officials familiar with the matter. The sanctions would be a considerable expansion and escalation of the U.S. government's actions against the company. Kaspersky, which has two ongoing lawsuits against the U.S. government, has been called "an unacceptable threat to national security" by numerous U.S. officials and lawmakers.

Officials told CyberScoop any additional action against Kaspersky would occur at the lawsuits' conclusion, which Kaspersky filed in response to a stipulation in the 2018 National Defense Authorization Act that bans its products from federal government networks. If the sanctions came to fruition, the company would be barred from operating in the U.S. and potentially even in U.S. allied countries.

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