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IBM

IBM Suspended From US Federal Contracts 136

theodp writes "IBM has been temporarily banned from receiving future contracts with federal agencies, the Environmental Protection Agency confirmed on Monday. The suspension went into effect last Thursday due to 'concerns raised about potential activities involving an EPA procurement,' the agency said in an e-mailed statement. Under a reciprocal agreement among federal agencies, when one issues a ban, the others follow it. The EPA said it will not comment further on the matter. An IBM spokesman said he had no immediate comment. 'You don't see this very often, particularly for large companies,' commented a stunned industry analyst, mentioning a bankrupt MCI as a notable exception. IBM earned an estimated $1.5 billion in revenue from federal prime contracts in fiscal 2007."
The Courts

Submission + - RIAA Complaint Dismissed as "Boilerplate"

NewYorkCountryLawyer writes: "The decision many lawyers had been expecting — that the RIAA's "boilerplate" complaint fails to state a claim for relief under the Copyright Act — has indeed come down, but from an unlikely source. While the legal community has been looking towards a Manhattan case, Elektra v. Barker, for guidance, a case in which amicus briefs had been submitted by various industry groups and the US Department of Justice (see case file), and from Warner v. Cassin, a similar motion in the same Court's Westchester division, the decision instead came from Senior District Court Judge Rudi M. Brewster of the US District Court for the Southern District of California, in a decision denying a default judgment (i.e. the defendant had not even appeared in the action). Judge Brewster not only denied the default judgment motion but dismissed the complaint for failure to state a claim. Echoing the words of Judge Karas at the oral argument in Barker , Judge Brewster held (pdf) that "Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against the Defendant. However, other than the bare conclusory statement that on "information and belief" Defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works, Plaintiffs have presented no facts that would indicate that this allegation is anything more than speculation. The complaint is simply a boilerplate listing of the elements of copyright infringement without any facts pertaining specifically to the instant Defendant. The Court therefore finds that the complaint fails to sufficiently state a claim upon which relief can be granted and entry of default judgment is not warranted." An HTML, non-pdf, versions of the decision is available on p2pnet.net."
The Courts

Submission + - RIAA Short on Funds? Fails to Pay Attorneys Fees

NewYorkCountryLawyer writes: "Can it be that the RIAA, or the "Big 4" record companies it represents, are short on funds? It turns out that despite the Judge's order, entered a month ago, telling them to pay Debbie Foster $68,685.23 in attorneys fees, in Capitol v. Foster, they have failed to make payment, and Ms. Foster has now had to ask the Court to enter Judgment, so that she can commence "post judgment collection proceedings". According to Ms. Foster's motion papers (pdf), her attorneys received no response to their email inquiry about payment. Perhaps the RIAA should ask their lawyers for a loan."

Feed Techdirt: FTC Asked To Stop Bogus Copyright Warnings In Sports Broadcasts (techdirt.com)

You may recall earlier this year that law professor Wendy Seltzer received a DMCA takedown notice from the NFL for posting a short clip to YouTube of the part during the Super Bowl where the announcers state the famous warning that often reads something like "Any rebroadcast, reproduction or other use of the pictures, accounts or descriptions of this game without the express written consent of Big Sports League, is prohibited." What got lost in the Seltzer story over whether or not posting that particular clip to YouTube was legal, was that her point in using it was to show how sports leagues were making claims to rights that copyright didn't actually give them. It appears that enough others have noticed this as well that a trade group, backed by various big name tech companies, is now asking the Federal Trade Commission to prevent broadcasters from making such "deceptive" copyright statements. The group is claiming that this incorrect statement that clearly reaches beyond the rights copyright provides, is harmful to consumers and technology companies. Of course, in the sports leagues' (and other content companies') defense, it appears that plenty of people ignore the bogus copyright warning anyway.
It's funny.  Laugh.

Submission + - Thompson Says Florida Bar Requested Psych Test (joystiq.com)

MBCook writes: "The referee for Jack Thompson's Florida Bar issues, Sheila M. Tuma, has allegedly requested that Thompson seek psychological testing and accept a 91-day suspension of his law license. The e-mail explaining the situation was sent to GamePolitics by Thompson himself. The claim could not be verified as the Florida Bar did not respond to requests for comment. The recommendation comes following issues stemming from Thompson's Bully case last year where there were issues regarding his professional conduct."
Microsoft

Microsoft Doesn't Care About Destroying Linux 330

techie writes "A latest column on MadPenguin.org suggests that Microsoft may not be really interested in killing Linux for mainstream users. It's after something else, and it's getting its way already. Read on to find out what it is. The author states, "Love it or hate it, Microsoft's IP attacks will continue, Linux user numbers will continue to grow and broad spectrum adoption throughout the rest of the world will grow and flourish. Microsoft's not interested in destroying Linux in the slightest. Why would they? it's been a fantastic vehicle for them to land a firmer grip on the corporations throughout the US."
Biotech

Submission + - The world's longest carbon nanotube

Roland Piquepaille writes: "As you probably know, carbon nanotubes have very interesting mechanical, electrical and optical properties. But they are 'small.' Now, researchers at the University of Cincinnati (UC) have developed a process to build extremely long aligned carbon nanotube arrays. They've been able to produce 18-mm-long carbon nanotubes which might be spun into nanofibers. Such electrically conductive fibers could one day replace copper wires. The researchers say their nanofibers could be used for applications such as nanomedicine, aerospace and electronics. Read more for additional references and an illustration showing a CNT array image of UC's mission statement."

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