NewYorkCountryLawyer writes "RDR Books, the would-be publisher of the book version of the 'Harry Potter Lexicon' Web site, has filed an appeal from the judge's decision in Warner Bros. Pictures v. RDR Books, the case involving the Harry Potter Lexicon. The judge, after a bench trial, issued an injunction and awarded statutory damages of $6,750 (as we discussed at the time), holding that the Lexicon was not protected by fair use due to (a) sloppiness in attribution in sections, (b) the length of some of the quotes, and (c) imitation of J. K. Rowling's writing style in portions. I recently wrote an article criticizing the opinion, but doubting that an appeal would be taken in view of the small damages award. I guess I underestimated the resolve of the defendants and defendants' lawyers — who include the Stanford Law School Center for Internet and Society."

oddRaisin writes "After recently sleeping through a page for work, I decided to change my paging device from my BlackBerry (which is quiet and has a pathetic vibrate mode) to an actual pager. After looking at the websites of Cingular, Verizon, T-Mobile, and Sprint, I'm left scratching my head and wondering where all the pagers went. I can't find them or any mention of them. Pagers of yore offered some great features that reflected the serious nature of being paged. They were loud. They had good vibrate modes. They continued to alert after a page until you acknowledged them. I didn't have to differentiate between a text from a friend and a page from work. Now that pagers seem to have become passé, what are other people doing to fill this niche? Are some phones better pagers than others? Are there still paging service providers out there?"

trackpick points out a recent ACLU initiative to publicize a recent expansion of authority claimed by the Border Patrol to stop and search individuals up to 100 miles from any US border. They have created a map of what they call the US Constitution-Free Zone. "Using data provided by the US Census Bureau, the ACLU has determined that nearly 2/3 of the entire US population (197.4 million people) live within 100 miles of the US land and coastal borders. The government is assuming extraordinary powers to stop and search individuals within this zone. This is not just about the border: This 'Constitution-Free Zone' includes most of the nation's largest metropolitan areas.'"

bednarz writes "Scientists have demonstrated what is being called the 'ultimate miniaturization of computer memory,' storing data for nearly two seconds in the nucleus of an atom of phosphorus. The hybrid quantum memory technique is a key step in the development of quantum computers, according to the National Science Foundation. An international team of scientists demonstrated that quantum information stored in a nucleus has a lifetime of about 1¾ seconds. 'This is significant because before this technique was developed, the longest researchers could preserve quantum information in silicon was a few tens of milliseconds. Other researchers studying quantum computing recently calculated that if a quantum system could store information for at least one second, error correction techniques could then protect that data for an indefinite period of time.'" Here's the NSF press release with pictures of the apparatus. They claim that this technique is promising because it "uses silicon technology" seems a bit of a stretch — the silicon the researchers employed was a painstakingly grown crystal of extremely high purity.

An anonymous reader writes "National Intelligence Director Mike McConnell is currently helping to draft a new Cyber-Security Policy that could make the debate over warrantless wiretaps seem like a petty squabble. The new policy would allow the government to access to the content of any email, file transfer, or web search."

CaptainDefragged writes to tell us the Australian ABC News is reporting that Senator Conroy is pushing for mandatory filtering at the ISP level in order to provide "clean" feeds to houses and schools. "Online civil libertarians have warned the freedom of the internet is at stake, but Senator Conroy says that is nonsense. He says the scheme will better protect children from pornography and violent websites. [...] Senator Conroy says anyone wanting uncensored access to the internet will have to opt out of the service."

Nephilium writes "News.com reports that a new bill has just passed the house (by a vote of 409-2) that 'anyone offering an open Wi-Fi connection to the public must report illegal images including "obscene" cartoons and drawings — or face fines of up to $300,000 ... That broad definition would cover individuals, coffee shops, libraries, hotels, and even some government agencies that provide Wi-Fi. It also sweeps in social-networking sites, domain name registrars, Internet service providers, and e-mail service providers such as Hotmail and Gmail, and it may require that the complete contents of the user's account be retained for subsequent police inspection.' This was rushed through with no discussion, no public debate, and no hearings. But don't worry, the fine for a first offense is only $150,000."

Wired has up an interview with Blacksite: Area 51's lead designer Harvey Smith. Smith is well known for his work on great games like Deus Ex and System Shock, but his latest title is getting a lot of negative press. In the interview, Smith as much as admits the team failed in their quest to make a great game. "'We got hammered so hard [by reviewers], and we deserved it ... Everyone was forced to share tech. It took eight months to get one thing working.' He wouldn't specify what that one thing was, but did note that technical problems set the team back, time and time again. Another of Smith's complaints was 'the fact that we had four days to Orange Box something,' meaning to fix and polish a level. Smith called this 'completely reprehensible.'" Kind of shocking to see this kind of honesty from the games industry.

Nintendo is making Wii consoles at a record pace, some 1.8 million a month. Last week they sold 350,000 units. Yes, just last week. And yet, still, it's going to be almost impossible to find a Wii in a store this Christmas. Wired reports that the problem actually began back in August. Summer being the traditional 'dry' season in gaming usually leads to hardware surpluses, but not with Nintendo's console. The result is a holiday season that Nintendo essentially couldn't prepare for. "Demand for Wii is so high, says analyst Michael Pachter, because of all the different types of consumers competing for the units ... it's not just kids who crave Wii. [It's] an especially big hit at retirement homes ... Hard-core gamers, who initially spurned the Wii's lower graphic power compared to the Xbox and PlayStation 3, have changed their tune on the console, thanks to brilliant software like the first-person shooter Metroid Prime 3. And eBay scalpers? They really want Wii." In fact, the only reliable way to get your hands on a Wii is to go that most dubious of routes. Ebay Wii sales are very brisk indeed this week.

It seems somehow appropriate, given the day, to link over to a historical perspective on the developer BioWare. Eurogamer took a look back at the house the doctors built to give us some insight on where the company came from, and where it's going. "The modding community had always rallied around Baldur's Gate, so Neverwinter Nights wisely shipped with the game's toolset available and ready for use by fans. Improved quests were soon blooming all over the internet, like so much role-playing lichen. BioWare also supported the game with their own official expansion packs, and later through smaller downloadable modules, while the game brushed seductively alongside the world of the MMORPG with a hefty multiplayer component that enabled players to join up across the internet to tackle the main story."