NewYorkCountryLawyer writes "In what I can only describe as a shocker, the Judge in SONY BMG Music Entertainment v. Tenenbaum has, on her own, issued an order questioning whether the jury will be allowed to decide the 'fair use' issue at all, or whether the Judge herself should decide it. Judge Nancy Gertner's decision (PDF) notes that the courts have traditionally submitted the fair use defense to the jury, but questions whether that was appropriate, since the courts have referred to it as an 'equitable' — as opposed to a 'legal' — defense. This decision came from out of the blue, as neither party had raised this issue. IMHO the Judge is barking up the wrong tree. For one, all across the legal spectrum in the US, 'equitable' defenses to 'legal' claims are triable to a jury. Secondly, as the Judge herself notes, the courts have traditionally submitted the issue to the jury. It also seems a bit unfair to bring up a totally new issue like that and give the parties only 6 days to do their research and writing on the subject, at a time when they are feverishly preparing for a July 27th trial."

twitter writes "The US Postal Service has moved its Cobol package tracking software to HP machines running GNU/Linux. 1,300 servers handle 40 million transactions a day and cost less than the last system, which was based on a Sun Solaris environment." The migration took a year. The USPS isn't spelling how big the savings are, except that they are "significant."

CWmike writes "Attacks exploiting the latest Microsoft vulnerability are quickly ramping up in quantity and intensity, several security companies warned today as they rang alarms about the developing threat. Symantec, Sunbelt Software, and SANS' Internet Storm Center bumped up their warnings yesterday after Microsoft announced that attackers were exploiting a bug in an ActiveX control used by IE to display Excel spreadsheets. There is no patch for the vulnerability; Microsoft didn't release one in today's Patch Tuesday. A temporary fix that sets the 'kill bits' of the ActiveX control is available, but experts believe it's likely most users won't take advantage of the protection. Symantec raised its ThreatCon ranking to the second of four steps. "We're seeing it exploited, but currently on a limited scale," said Symantec's Ben Greenbaum. Sunbelt also bumped up its ranking, to high." Firefox users can't be too complacent; Secunia is warning of a 0-day in version 3.5.

Christiane writes "The SSL Root CA responsible for issuing the German digital health insurance card lost its secret private key during a test enrollment. After their Hardware Security Module (HSM) dutifully deleted its crypto keys during a power outage, it was all 'Oops, why is there no backup?' All issued cards must be replaced: 'Gematik spokesman Daniel Poeschkens poured scorn on the statement that Gematik had insisted on the service provider carrying out a test without backing up the root CA private keys. "We did not decide against a back-up service. The fact of the matter is that the service provider took over the running of the test system, so it also has to warrant its continuous operation. How it fulfills this obligation is its own responsibility."'"

Matt_dk writes with this excerpt from Space Fellowship: "Venus Express has charted the first map of Venus' southern hemisphere at infrared wavelengths. The new map hints that our neighbouring world may once have been more Earth-like, with a plate tectonics system and an ocean of water. The map comprises over a thousand individual images, recorded between May 2006 and December 2007. Because Venus is covered in clouds, normal cameras cannot see the surface, but Venus Express used a particular infrared wavelength that can see through them."

Thomas Beagle writes "The New Zealand government has been stealthily introducing a centralised internet child-pornography specific filtering system. Voluntary for ISPs but not for their users, ISPs representing over 94% of the market are already intending to join. Read the general FAQ and technical FAQ about the proposed Netclean Whitebox implementation."

suraj.sun sends along an Ars writeup of the lobbying Pandora is doing now that it has secured its future, royalties-wise. Some might think it odd that Pandora is weighing in on the side of the record labels in their fight to get radio stations to pay more for the music they broadcast. "US radio stations don't pay performers and producers for the music they play, but the recording industry hopes to change that with a new performance rights bill in Congress. Webcaster Pandora has jumped into the fray on the side of the artists and labels, asking why radio gets a free ride when Pandora does not. ... With revenues from recorded music sales declining, rights-holders have turned their eyes in recent years to commercial US radio, which currently pays songwriters (but not performers or record labels)... With its own future secure for the next few years, Pandora is now turning its attention to the public performance debate here in the US, saying that the issue is a simple matter of fairness: why should webcasters have to pay more for music than traditional radio does? ... [But] the 'fairness' argument could clearly go either way. Radio might start paying a performance right; on the other hand, perhaps webcasters and satellite radio companies should simply stop paying one, relying on the old argument about promotion."

Extreme economic problems require extreme solutions, and Wells Fargo Bank has come up with a good one. They have decided to sue themselves. Wells Fargo holds the first and second mortgages on a condominium that is going into foreclosure. As holder of the first, they are suing all other lien holders, including the holder of the second, which is Wells Fargo. It gets better. The company has hired a lawyer to defend itself against its own lawsuit. The defense lawyer even filed this answer to the complaint, "Defendant admits that it is the owner and holder of a mortgage encumbering the subject real property. All other allegations of the complaint are denied." On the website The Consumer Warning Network, Angie Moreschi wrote: "We've apparently reached the perfect storm for complete and utter idiocy by some banks trying to foreclose on homes."

readthemall writes to let us know that the Symbian Foundation has released the first of several packages in their plan to open source the entire Symbian mobile OS. "On Wednesday, Symbian made available its first package covered by the EPL, the OS Security Package, according to Symbian developer Craig Heath. 'The OS Security Package source code is now available under the EPL, and it is the very first package to be officially moved from the closed Symbian Foundation License (SFL) to... the EPL,' Heath wrote in a blog post. Heath said the EPL would allow the security package to bypass export regulations in the UK, where the Symbian code is legally based."

NewbieV writes "The international space station is by far the largest spacecraft ever built by earthlings. Circling the Earth every 90 minutes, it often passes over North America and is visible from the ground when night has fallen but the station, up high, is still bathed in sunlight. After more than a decade of construction, it is nearing completion and finally has a full crew of six astronauts. The last components should be installed by the end of next year. And then? 'In the first quarter of 2016, we'll prep and de-orbit the spacecraft,' says NASA's space station program manager, Michael T. Suffredini."

schliz writes "Researchers developing the 'Interplanetary Internet' have launched its first permanent node in space via a payload aboard the International Space Station. The network is based on a new communications protocol called Delay/Disruption Tolerant Networking (DTN). It will be tested heavily this month, and could give astronauts direct Internet access within a year. The Interplanetary Internet is the brainchild of Vint Cerf ('father of the Internet'), among others. Last year, NASA tested the technology on the Deep Impact spacecraft." Update: 07/13 20:01 GMT by KD : If by "permanent" we mean seven years.

schleprock63 writes "NASA has delayed the launch of Endeavour due to inclement weather, mostly lightning. According to NASA, 'Cumulus clouds and lightning violated rules for launching Endeavour because of weather near the Shuttle Landing Facility. The runway would be needed in the unlikely event that Endeavour would have to make an emergency landing back at Kennedy. Endeavour's next launch attempt is 6:51 p.m. EDT Monday. NASA TV coverage will begin at 1:30 p.m.'"

NewYorkCountryLawyer writes "In Fairey v. Associated Press, the Associated Press said artist Shepard Fairey's painting had infringed its copyrights in a photo of then-President Elect Barack Obama. Fairey said no, it was a 'fair use'. Now, the freelance photographer who actually took the AP photo — Manuel Garcia — has sought permission to intervene in the case, saying that both the AP and Fairey are wrong. Garcia's motion (PDF) protests that he, not AP, is the owner of the copyright in the photograph, and that he never relinquished it to AP. And he argues that Fairey is not entitled to a fair use defense. According to an article in TechDirt, this intervention motion by Mr. Garcia represents a changed attitude on his part, and that his initial reaction to Mr. Fairey's painting was admiration, and a desire for an autographed litho. Maybe Mr. Fairey should have given him that autographed litho."

adeelarshad82 writes that earlier this week "Rosetta Stone, Inc. filed a lawsuit against Google Inc in a US federal court, alleging trademark infringement. In the lawsuit, the company alleged that Google is allowing third parties, including individuals involved in software piracy, to purchase the right to use its trademarks — or other 'confusingly similar' terms — in Google's Adwords advertising program."

suraj.sun writes with this excerpt from Ars Technica: "The French Senate has once again approved a reworked version of the country's controversial 'three strikes' bill designed to appease the Constitutional Council. Instead of a state-appointed agency cutting off those accused of being repeat offenders, judges will have the final say over punishment. The approval comes exactly one month after the country's Constitutional Council ripped apart the previous version of the Création et Internet law. ... Not content to let the idea die, President Nicolas Sarkozy's administration reworked the law in hopes of making it amenable to the Council — instead of HADOPI deciding on its own to cut off users on the third strike, it will now report offenders to the courts. A judge can then choose to ban the user from the Internet, fine him or her 300,000 (according to the AFP), or hand over a two-year prison sentence."