Ponca City, We love you writes "TechDirt reports that a judge has asked Righthaven to explain why a non-profit organization reposting an entire article isn't fair use. The case involves the Center for Intercultural Organizing of Portland, Oregon, which was sued by Righthaven in August after an entire 33-paragraph Review-Journal story about Las Vegas immigrants was posted on the center's website, crediting the Review-Journal. The nonprofit says it was founded by Portland-area immigrants and refugees to combat widespread anti-Muslim sentiment after 9/11 and it works to strengthen immigrant and refugee communities through education, civic engagement, organizing and mobilization and does not charge subscription fees or derive any income from its website. The interesting thing is that the defendant in this case didn't even raise the fair use issue. It was the judge who brought it up, suggesting that the Nevada judges are being inundated with hundreds of Righthaven cases, and that Righthaven has already lost once in a case that was found to be fair use so judges may want to set a precedent to clear their dockets."

formfeed writes "The register claims that 'Ubuntu is moving away from its established six-month-cycle and potentially to a future where software updates land on a daily basis.' While this sounds like a sudden change, it is apparently more of a long-term thought. The Register quotes Shuttleworth: '"Today we have a six-month release cycle," Shuttleworth said. "In an internet-oriented world, we need to be able to release something every day. That's an area we will put a lot of work into in the next five years. The small steps we are putting in to the Software Center today, they will go further and faster than people might have envisioned in the past."' But given that many of Shuttleworth's thoughts became decisions later on, it might be interesting to see, where this one leads. Interestingly enough, five years is about the time when Ubuntu will run out of letters."

destinyland writes "Researchers simulated evolution with multiple generations of food-seeking robots in a new study of artificial swarm intelligence. 'Under some conditions, sophisticated communication evolved,' says one researcher. And in a more recent study, the swarms of bots didn't just evolve cooperative strategies — they also evolved the ability to deceive. ('Forget zombies,' joked one commenter. 'This is the real threat.') 'The study of artificial swarm intelligence provides insight into the nature of intelligence in general, and offers an interesting perspective on the nature of Darwinian selection, competition, and cooperation.' And there's also some cool video of the bots in action."

nickull writes "Microsoft is tracking incompatible Web sites for its upcoming Internet Explorer 8 browser and has posted a list that now contains about 2,400 names — including Microsoft.com. Apparently, even though Microsoft's IE8 team is doing the 'right' thing by finally making IE more standards-compliant, they are risking 'breaking the Web' because the vast majority of Web sites are still written to work correctly with previous, non-standards-compliant versions of IE."

SpuriousLogic writes "A Los Angeles real estate developer is suing Apple for patent infringement over the way the iPhone navigates Web sites. The suit, which was filed on behalf of EMG Technology, seeks unspecified damages. EMG Technology is a company that holds the patents of Elliot Gottfurcht, the real estate developer, as well as Marlo Longstreet and Grant Gottfurcht. The company claims that the iPhone infringes on patent 7,441,196 — a patent that was approved only last month, after a filing process that began on March 13, 2006. That patent is for an invention that displays 'on-line content reformatted from a webpage in a hypertext markup language (HTML) format into an extensible markup language (XML) format to generate a sister site.' This sister site is a simplified version of the original site that is then displayed on any number of devices — including cell phones, EMG says."

snydeq writes "Programmers are finding themselves increasingly drawn to the Mac as a development platform, in large part due to Apple's decision to move to Intel chips and to embrace virtualization of other OSes, which has turned Mac OS X into a flexible tool for development, InfoWorld reports. The explosion of interest in smartphone development is helping the trend, with iPhone development lock-in to the Mac environment the chief motivating factor for Apple as a platform of choice for mobile development. Yet for many, the Mac remains sluggish and poorly tuned for development, with developers citing its virtual memory system's poor performance in paging data in and out of memory and likening use of the default-network file system, AFS, to engaging oneself with 'some kind of passive-aggressive torture.' What remains unclear is whether Apple will lend an ear to this new wave of Mac-based development or continue to develop products that lock out uses programmers expect."

CWmike writes "Microsoft today called its first month of predicting whether hackers will create exploit code for its bugs a success — even though the company got its forecast right just 40% of the time for October. 'I think we did really well,' said Mike Reavey, group manager at the Microsoft Security Research Center (MSRC), when asked for a postmortem evaluation of the first cycle of the team's Exploitability Index. 'Four of the [nine] issues that we said where consistent exploit code was likely did have exploit code appear over the first two weeks. And another key was that in no case did we rate something too low.' Microsoft's Exploitability Index was introduced last month."

rbgrn writes "If you're interested in developing a game for the Android platform, there is a lot you need to know. If you have previous experience with game development, moving over to the Android platform won't be all that difficult. You will mostly just need to learn the architecture and API. If you're new to game development, here is a list of must-knows for getting started in Android game development. This is a good starting point for developers seeking to write any type of mobile game."

Iddo Genuth writes "The Royal Swedish Academy of Sciences has announced three recipients of the Nobel Prize in Chemistry award for 2008: jointly given to Osamu Shimomura, Martin Chalfie and Roger Y. Tsien 'for the discovery and development of the green fluorescent protein, GFP' — a remarkable brightly glowing green fluorescent protein first observed in the beautiful jellyfish, Aequorea victoria, in 1962."

Reuters reports that YouTube will be partnering with Amazon and iTunes to provide the ability to purchase games and songs that are in or related to YouTube's hosted videos. For example, watching footage from Spore will bring up a link to purchase the actual game through Amazon. The sales revenue will be shared. In related news, Google has launched a public beta for their in-game advertising software based on Adsense. "Google is initially targeting the sweet spot for its technology: games based in Adobe's Flash platform and which run in a web browser with no download. ... [Christian Oestlien, senior product manager at Google] said that Google's advertisers can use the software to insert ads into games or videos for YouTube, making the ads more versatile. Developers of games can use Flash software development kits to designate the points in a game that make an 'ad request.'"

Stony Stevenson writes "Microsoft has launched a marketing campaign that lets any student at an Australian university buy the Ultimate edition of Office 2007, usual price $1,150, for only $75 — a discount of about 93%. But when students go to the promotion site, Microsoft Live OneCare pops up a warning that the site may be a phishing scam. The warning reads: 'Phishing filter has determined this might be a phishing website. We recommend that you do not give any of your information to such websites. Phishing websites impersonate trustworthy websites for the purpose of obtaining your personal or financial information.'"

A user writes "Mark Russinovich takes a look at the Windows Kernel and the changes made in Vista. In this second part he describes the workings of the features SuperFetch, ReadyBoost, ReadyBoot, and ReadyDrive and how they improve system performance."

An anonymous reader sends us to the Washington Post's Security Fix blog, where Brian Krebs has toted up the total vulnerability days for IE6 users in 2006. From the article: "For a total 284 days in 2006 (or more than nine months out of the year), exploit code for known, unpatched critical flaws in pre-IE7 versions of the browser was publicly available on the Internet. Likewise, there were at least 98 days last year in which no software fixes from Microsoft were available to fix IE flaws that criminals were actively using to steal personal and financial data from users... In contrast, Internet Explorer's closest competitor in terms of market share — Mozilla's Firefox browser — experienced a single period lasting just nine days last year in which exploit code for a serious security hole was posted online before Mozilla shipped a patch to remedy the problem."