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Submission + - Defendant Says Righthaven Should Pay Legal Fees

Hugh Pickens writes writes: "Steve Green writes that on June 20 District Court Judge Philip Pro found that Kentucky resident Wayne Hoehn was protected by fair use in posting a Las Vegas Review-Journal column on a sports website; and that Righthaven didn’t have standing to sue over the post. Now Hoehn’s attorneys have submitted a $34,000 bill to Pro and asked that Judge Pro require Righthaven to pay it. "At this point, the court must consider whether to grant Hoehn his attorneys’ fees as a `prevailing party,’” his attorneys wrote of the Vietnam War veteran. "If the court fails to do so, a terrible injustice will be done, and the moral of Mr. Hoehn’s story will be that standing up for what is right will bankrupt you – so better to give your money to any bully with a summons in hand. The fact is, when Mr. Hoehn stood up for fair use, he stood up for all of us. His contribution to the public good should not be met with indifference." The $34,000 could be just the tip of the iceberg for Righthaven, should the Democratic Underground prevail in what likely will be a far larger fee demand. At least three other defendants whose cases were dropped or dismissed – Brian Hill, Michael Leon and Denise Nichols – are also demanding their fees be paid."

Submission + - DOJ Gets Court Permission To Attack Botnet (itworld.com)

itwbennett writes: "In an unprecedented move, the Department of Justice (DOJ) and the FBI have been issued a temporary restraining order that will allow the FBI and the U.S. Marshal for the District of Connecticut to set up servers at the Internet Systems Consortium or other ISPs that would stop infected computers from continuing to spread the Coreflood virus, according to court records. This week, the DOJ and FBI seized five servers that controlled Coreflood-infected computers, the DOJ said in a press release. The agencies also seized 29 domain names used by the Coreflood botnet to communicate with the servers."

Submission + - WikiLeaks moves to Swiss domain after DNS takedown

An anonymous reader writes: Netcraft posted two reports on the movement of the WikiLeaks website today. First the site was taken down by EveryDNS, who terminated the DNS provision for wikileaks.org. A few hours later, WikiLeaks moved to a Swiss domain (wikileaks.ch). Netcraft suggests this move could be because the wikileaks.org domain was registered with a US company, which could be influenced by the US government. The new wikileaks.ch site is hosted in Sweden, but redirects all of its traffic to France. Strangely, WikiLeaks has chosen to use EveryDNS again for their new domain — the same company that shut down DNS for wikileaks.org just a few hours earlier.

Submission + - Astroturfing on Twitter (technologyreview.com)

An anonymous reader writes: Tens of thousands of tweets this election season have turned out to be automated messages generated by employees of political campains, Indiana University researchers have found, quoting :

The research effort is dubbed the Truthy project, a reference to comedian Stephen Colbert's coinage of the word "truthiness," or a belief held to be true regardless of facts or logic. The goal was to uncover organized propaganda or smear campaigns masquerading as a spontaneous outpouring of opinion on Twitter—a tactic known as fake grass roots, or "Astroturf."

The Courts

Submission + - Hollywood law firm forced to ban BitTorrent

natecochrane writes: An allegedly leaked email reveals legal eagles swooped on P2P in their own nest. A partner from the law firm representing a film industry trade group in its battle against No.2 Australian ISP iiNet has sent an email telling staff "not to ever use" BitTorrent on its corporate internet account. Repeat offenders would be sent to the office of the senior partner who lost the law suit against iiNet last year, the alleged email read. The Federal Court last year threw out the action by the Australian Federation Against Copyright Theft, which counts Matrix producers Village Roadshow as a member, that claimed the ISP authorised infringement because it didn't do enough to stop subscribers using BitTorrent.

Submission + - WHY WE DON’T NEED MORE WOMEN IN TECH YET (wordpress.com) 4

snowgirl writes: In the past decade, I have noted a push toward the integration of women into the specific field of web-related technology, the aim of which is gender parity, a 50/50 percentage split between men and women in the industry. Today, I want to tell you that this push needs to stop immediately. While conducted with the best of intentions, it is damaging to technology, to the economy of our industry and most certainly to women themselves. Most of all, this push is potentially damaging to the very future of gender and technology because it attempts to correct a widely recognized imbalance without examining how the imbalance got to be there in the first place.

Submission + - Dell shafts SSD early adopters

cl_everett writes: "Dell has shipped tons and tons of laptops with solid state disk drives, but without ATA TRIM enabled. ATA TRIM support allows the drive to consolidate free blocks, and keeps the performance high. SSDs without ATA TRIM support eventually begin to slow down to a crawl and begin stuttering as they fragment. You would think that Dell would be happy to make a firmware upgrade for these laptops available for download, but for now the only way to get your firmware upgraded is to call in to Delhi support and tell them you had an extended period of slowdowns followed by a BSOD:

STOP: 0x000000ED (0X82F937C8, 0XC0000006, 0X00000000,0X00000000)

and then tell them that the pre-boot diagnotic utility tells you :

Hard Drive — DST Short Test
Error code 2000-0142
Msg : Unit 1 : Drive Self Test failed. Status byte = 79.

Then you have to pray that they send you a new drive with up to date firmware.

Dell's attitude on this has been reprehensible; We know that Samsung has released upgraded firmware for the drives in question, months ago. But we can't use that firmware, it apears to brick SSDs with Dell branded firmware, so we have a problem only Dell can solve.

To top it all off, we see Dell's contempt for us as consumers: Halfway down http://www.tomshardware.com/forum/254961-32-warning-careful-ordering-dell-machines-ssds we have prize quote: ... as long as your computer is starting, there is no problem for us. You know your computer is slow only because of your computer knowledge, if we give it to somebody else, they won't notice, so there is no problem ...

At this point, I see the only alternative as naming and shaming. Please help."

Submission + - FCC votes to take greater control of the Web (thehill.com) 1

GovTechGuy writes: The FCC voted today to open an inquiry into how the broadband industry is regulated, the first step in a controversial attempt to assert greater regulatory control over Internet Service providers. In a 3-2 vote the Democratic members of the Commission voted to move forward with the FCC's proposal to reclassify broadband as a telecom service, increasing the regulation it is subject to. The move also has large implications for net neutrality, which FCC Commissioner Julius Genachowski has made a focus under his watch.

Submission + - Flash Player 10.1 EULA Allows Push Advertising (adobe.com)

An anonymous reader writes: So I get this update notice to install Flash Player 10.1. In the past, I've always just clicked okay to install. For some reason, today I decided to read the EULA. I was surprised and dismayed to find the following changes from earlier Flash Player EULAs. The EULA appears to cover Flash as well as Reader and other Adobe products.

In the EULA, software is defined thus:

“Software” means (a) all of the contents of the files (delivered electronically or on physical media), or
disk(s) or other media with which this agreement is provided, which may include (i) Adobe or third
party computer information or software, including Adobe Reader® (“Adobe Reader”), Adobe® AIR®
(“Adobe AIR”), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively,
Adobe AIR and the Flash, Shockwave and Authorware players are the “Adobe Runtimes”); (ii) related
explanatory written materials or files (“Documentation”); and (iii) fonts; and (b) upgrades, modified
versions, updates, additions, and copies of the foregoing, provided to you by Adobe at any time
(collectively, “Updates”).

I've used Flash Payer and Reader on my servers just so I don't have to switch to my workstation while doing admin work on my server. Not any more:

"3.2 Server Use. This agreement does not permit you to install or Use the Software on a computer file server."

The most troublesome was Adobe apparently intends to allow advertising to be pushed to me via PDFs. The advertising isn't static images or such in the file. It can reach out to load advertising from a remote site that is then rendered "in or near the opened PDF file." By accepting the terms, I'm also agreeing to allow these unknown third parties to run JavaScript on my computer to play their advertising. Here's the text:

"7.1 Use of PDF Files. When you Use the Software to open a PDF file that has been enabled to display
ads, your Computer may connect to a website operated by Adobe, an advertiser, or other third party.
Your Internet Protocol address (“IP Address”) is sent when this happens. The party hosting the site may
use technology to send (or “serve”) advertising or other electronic content that appears in or near the
opened PDF file. The website operator may also use JavaScript, web beacons (also known as action tags
or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements
and to personalize advertising content. Your communication with Adobe websites is governed by the
Adobe Online Privacy Policy found at http://www.adobe.com/go/privacy (“Adobe Online Privacy
Policy”). Adobe may not have access to or control over features that a third party may use, and the
information practices of third party websites are not covered by the Adobe Online Privacy Policy."

So for the first time ever, I decided not to upgrade to the new release of Flash. I'll do the same for any Adobe product covered under the same EULA. At least until I more fully understand the ramifications of Adobe hijacking my computer for its own purposes.


Submission + - Linux is as secure as ever (itworld.com)

climenole writes: "Which doesn't mean that idiots can't foul-it-up.There have been several stories proclaiming that a recent Linux infection proves Windows malware monopoly is over and that Think Linux is free from malware? Think again; it's been hacked. Much as it pains me to disagree with the good people, they're wrong. Here's what really happened..."

Submission + - Facebook: The Money Mule Farm (threatpost.com)

Trailrunner7 writes: Scammers and phishers are continuing to adapt their recruitment tactics, now going so far as to create special Facebook groups for their work-at-home scams. Phishers have been using social networks such as Facebook, MySpace and Twitter for years now as fertile hunting grounds not only for new victims but as a way to find new participants in their scams, as well. Now, the scammers have taken to creating Facebook groups specifically dedicated to the work-at-home scams that often serve as recruitment schemes for money mules. One such group that's being tracked by researchers has nearly 225,000 members on Facebook.

Submission + - UC Berkeley Asking Incoming Students For DNA (ktvu.com) 1

peterofoz writes: What could possibly go wrong?

The students will be asked to voluntarily submit a DNA sample. The cotton swabs will come with two bar code labels. One label will be put on the DNA sample and the other is kept for the students own records.

Next: Police subpoena DNA records to identify possible terror suspects. News at 11:00

Submission + - Facebook Founder Called Users "Dumb F***s" (thinq.co.uk)

Stoobalou writes: Facebook founder Mark Zuckerberg called the social network’s earliest users at Harvard "dumb f***s" for trusting him with their data.

The revelation comes in the form of an instant messenger transcript published at Business Insider. The social networking giant hasn't disputed the transcript's authenticity.

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