The Washington Post reports that Apple has prevailed for the moment in its fight with the FBI over the agency's demand that Apple help them break the security of an iPhone — but not in the California case about the phone belonging to San Bernadino shooter Syed Rizwan Farook -- that more famous case, as we mentioned the other day, is of course not the only case with a phone the FBI would like to peek into. New York federal judge James Orenstein scoffs in his 50-page decision at government arguments that Apple should be compelled to produce a software solution that would give them full access to content of the phone belonging to a drug dealer's phone. [Orenstein] found that the All Writs Act does not apply in instances where Congress had the opportunity but failed to create an authority for the government to get the type of help it was seeking, such as having firms ensure they have a way to obtain data from encrypted phones.

He also found that ordering Apple to help the government by extracting data from the iPhone- which belonged to a drug dealer --would place an unreasonable burden on the company....

He also expressed concern about conferring too much authority in the government. "Nothing in the government's arguments suggests any principled limit on how far a court may go in requiring a person or company to violate the most deeply-rooted values to provide assistance to the government the court deems necessary," he said. Whether the same logic will prevail in California is yet unclear; the New York decision is not binding on any other court.

An anonymous reader writes "HTC and Apple have reached a global settlement that includes the dismissal of all current lawsuits and a ten-year license agreement. The license extends to current and future patents held by both parties. The terms of the settlement are confidential. From the article: '"HTC is pleased to have resolved its dispute with Apple, so HTC can focus on innovation instead of litigation," Peter Chou, HTC's chief executive, said in a statement. Tim Cook, Apple's chief executive, also expressed relief in a statement. "We will continue to stay laser focused on product innovation," he said.'"

sl4shd0rk writes "Federal Judge Richard Posner seems to be a man who gets the screwed up patent system in the U.S. As Apple pressed for more injunctions against Motorola regarding alleged patent infringement, Judge Posner has stressed the two companies should just 'get along' and pay each other royalties. A jury trial set to start last week was cancelled when Posner ruled that neither side could prove damages, and grilled Apple's legal team saying an injunction against Motorola would be 'contrary to the public interest.' Furthermore, as Apple tried to plead its injunction case concerning four patents, Posner called the U.S. patent system 'chaos' and said an order barring the sale of Motorola phones could have 'catastrophic effects.'"

gimmebeer writes to tell us that months after a teen was beaten to death in an Internet boot camp, China has banned the use of physical punishment to help teens kick their net addiction. "The death of 15-year-old Deng Senshan, just hours after he checked into an Internet bootcamp in the southwestern Guangxi region in early August, caused a media storm in China. Days later, another teenager, Pu Liang, was taken to hospital with water in the lungs and kidney failure after a similar attack in Sichuan Province. The government in July had already banned electroshock therapy as a treatment for Internet addiction, after media reports about a controversial psychiatrist who administered electric currents to nearly 3,000 teenagers. The latest guidelines suggest officials in Beijing do not think that those with unhealthy Internet habits should be forced offline permanently."

ArmyofGnomes writes "FCC chairman Julius Genachowski delivered Monday on President Obama's promise to back 'net neutrality' — but he went much further than merely seeking to expand rules that prohibit ISPs from filtering or blocking net traffic by proposing that they cover all broadband connections, including data connections for smartphones. Genachowski stated: 'I understand the Internet is a dynamic network and that technology continues to grow and evolve. I recognize that if we were to create unduly detailed rules that attempted to address every possible assault on openness, such rules would become outdated quickly. But the fact that the Internet is evolving rapidly does not mean we can, or should, abandon the underlying values fostered by an open network, or the important goal of setting rules of the road to protect the free and open Internet. ... In view of these challenges and opportunities, and because it is vital that the Internet continue to be an engine of innovation, economic growth, competition and democratic engagement, I believe the FCC must be a smart cop on the beat preserving a free and open Internet.'"

BcNexus writes with news from Minnesota that may have significance for cities around the US where municipal networks are either in place or planned: "Here's the latest development in a fight pitting a telecommunication company against government competition. The telco, TDS, took its fight all the way to the Minnesota Supreme Court because it thought the city had no right to serve people's internet, voice and television needs with its own network, but has failed." Also from Minnesota today, BcNexus writes "The State of Minnesota was the first to blink and chose to avoid a court showdown when it dropped its attempt to block online gambling sites."

NewYorkCountryLawyer writes "The US Court of Appeals for the Ninth Circuit has struck down as unconstitutional a California statute purporting to ban the sale or rental of violent video games to minors. In a 30-page decision (PDF), in Video Software Dealers Association v. Schwarzenegger, the federal appeals court ruled that 'the Act, as a presumptively invalid content based restriction on speech, is subject to strict scrutiny and not the 'variable obscenity' standard from Ginsberg v. New York, 390 U.S. 629 (1968). Applying strict scrutiny, we hold that the Act violates rights protected by the First Amendment because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State's expressed interests. Additionally, we hold that the Act's labeling requirement is unconstitutionally compelled speech under the First Amendment because it does not require the disclosure of purely factual information; but compels the carrying of the State's controversial opinion.'"

Science News reports on a new study which found that the violence in video games was not a significant contributing factor to players' enjoyment. Instead, the feelings of control and competence the games engendered were closely linked to how fun the players found it. Quoting: "... the researchers extensively modified a popular first-person shooter video game called Half-Life 2 to have less gore. Half the people in a group of 36 male and 65 female college students were instructed to dispatch adversaries as the original game intended, 'in a thoroughly bloody manner,' says Ryan. The other half was instructed to tag enemies with a marker. 'Instead of exploding in blood and dismemberment, they floated gently into the air and went back to base,' Ryan describes. An extensive survey of the two groups showed that the exclusion of violence didn't diminish players' enjoyment of the game."

downundarob writes "Senator Nick Minchin, the Australian Shadow Minister for broadband, communications and the digital economy, has written (or more likely a staffer has written) this interesting article on the Australian Federal Government's continued zeal to enforce ISP-level filtering in Australia. In the article he posits that 'Underlying the Rudd Government's plan to screen the internet is an offensive message: that parents cannot be trusted to mind their children online.' Meanwhile, we wait for filtering trials to start, trials that have been delayed and which have next-to-no support among the industry. Telstra BigPond — Australia's largest ISP — has refused to take part, comparing internet filtering to 'like trying to boil the ocean.' The third largest, iiNet, is prepared to participate to highlight flaws."

GameDaily recently spoke with Jason Holtman, director of business development and legal affairs for Valve, about online sales and piracy. Holtman took a surprising stance on the latter, effectively taking responsibility for at least a portion of pirated games. Quoting: "'There's a big business feeling that there's piracy,' he says. But the truth is: 'Pirates are underserved customers. When you think about it that way, you think, "Oh my gosh, I can do some interesting things and make some interesting money off of it." We take all of our games day-and-date to Russia,' Holtman says of Valve. 'The reason people pirated things in Russia,' he explains, 'is because Russians are reading magazines and watching television — they say "Man, I want to play that game so bad," but the publishers respond "you can play that game in six months...maybe." We found that our piracy rates dropped off significantly,' Holtman says." Attitudes like this seem to be prevalent at Valve; last month we talked about founder Gabe Newell's comments that "most DRM strategies are just dumb."

jvatcw brings us a story about Betty Ostergren, who operates a website dedicated to pointing out the social security numbers visible in public records. The purpose of the site is to raise awareness of privacy concerns regarding the personal information shared in Virginia's governmental websites. Legislation was introduced in Virginia to combat Ostergren's website, but last Friday a judge shot down the attempt to censor her, writing, "It is difficult to imagine a more archetypal instance of the press informing the public of government operations through government records than Ostergren's posting of public records to demonstrate the lack of care being taken by government to protect the private information of individuals."

bagsc writes "Senator John McCain set out another branch of his energy policy agenda today, with a key point: 45 new nuclear power plants by 2030." So it finally appears that this discussion is back on the table. I'm curious how Nevada feels about this, as well as the Obama campaign. All it took was $4/gallon gas I guess. When it hits $5, I figure one of the campaigns will start to promote Perpetual Motion.

NewYorkCountryLawyer writes "The RIAA is going to have to face the music in Tampa, Florida, and answer the charges of extortion, trespass, conspiracy, unlicensed investigation, and computer fraud and abuse that have been leveled against them there. And the judge delivered his ruling against them in in pretty unceremonious fashion — receiving their dismissal motion last night, and denying the motion this morning. The RIAA's unvarying M.O., when hit with counterclaims, is to make a motion to dismiss them. It did just that in one Tampa case, UMG v. Del Cid, but the judge upheld 5 of the 6 counterclaims. The RIAA quickly settled that one. When a new case came up in the same Tampa courthouse before the very same judge, and the same 5 counterclaims were leveled against the record companies, I opined that 'it is highly unlikely that the RIAA will make a motion to dismiss counterclaims,' since I knew they'd be risking sanctions if they did. Well I guess I underestimated the chutzpah — or the propensity for frivolous motion practice — of the RIAA lawyers, as they in essence thumbed their nose at the judge, making the dismissal motion anyway, telling District Judge Richard A. Lazzara that his earlier decision had been wrong. The judge wasted no time telling the record companies that he did not agree (PDF)."

An anonymous reader writes "The British space agency, BNSC, is reconsidering its 1986 decision to reject all human space missions. The decision has dominated British space policy ever since, leaving Britain out of many American and European space projects. The UK is the only nation in the G8 group of leading economies that does not have a human space flight program. But space enthusiast groups like the British Interplanetary Society are trying to persuade the British government to participate in both manned and unmanned space activities."

Jabbrwokk writes "Michael Geist reports legislation to create a Canadian version of the Digital Millennium Copyright Act has been delayed again, possibly because of massive public outcry, and possibly even because of opposition from the industry itself. Canada's biggest ISPs have banded together to oppose the proposed new legislation and suggest their own solution, which include allowances for expanded fair dealing, private copying, no liability for ISPs and legislation that concentrates its wrath on commercial pirates instead of penny-ante downloaders and seeders.'"