DustyShadow writes "Harvard's Jack Goldsmith and Lawrence Lessig have an interesting op-ed in Friday's Washington Post, arguing that it would be constitutionally dubious for President Obama to adopt the Anti-Counterfeiting Trade Agreement (ACTA) as an executive agreement. '[T]he Obama administration has suggested it will adopt the pact as a "sole executive agreement" that requires only the president's approval. ... Joining ACTA by sole executive agreement would far exceed these precedents. The president has no independent constitutional authority over intellectual property or communications policy, and there is no long historical practice of making sole executive agreements in this area. To the contrary, the Constitution gives primary authority over these matters to Congress, which is charged with making laws that regulate foreign commerce and intellectual property.'"

nigham writes "The EFF is publicly disclosing a version of Apple's iPhone developer program license agreement. The highlights: you can't disclose the agreement itself (the EFF managed to get it via the Freedom of Information Act thanks to NASA's recent app), Apple reserves the right to kill your app at any time with no reason, and Apple's liability in any circumstance is limited to 50 bucks. There's also this gem: 'You will not, through use of the Apple Software, services or otherwise create any Application or other program that would disable, hack, or otherwise interfere with the Security Solution, or any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by the iPhone operating system software, iPod Touch operating system software, this Apple Software, any services or other Apple software or technology, or enable others to do so.' The entire agreement (PDF) is up at the EFF's site."

adeelarshad82 writes "The Federal Communications Commission has released an outline of what might be included in its upcoming national broadband plan, and encouraging competition was a top priority. The FCC statement said 'Competition drives innovation and provides consumer choice. Finding ways to better use existing assets, including Universal Service, rights-of-way, spectrum, and others, will be essential to the success of the plan. The limited government funding that is available for broadband would be best used when leveraged with the private sector.' The stimulus plan provided $7.2 billion in broadband grants and $350 million for a broadband mapping program, but also directed the FCC to deliver a national broadband plan to Congress by February 17, 2010."

corbettw writes "Ted Alvin Klaudt, a former South Dakota lawmaker convicted of raping his two foster daughters, has sent news organizations what he claims is a copyright notice that seeks to prevent the use of his name without his consent." The story says Klaudt maintains "no one can use his name without his consent, and anyone who does would owe him $500,000."

snydeq writes "InfoWorld's Randall Kennedy takes an in-depth look at VMware Workstation 7, VirtualBox 3.1, and Parallels Desktop 4, three technologies at the heart of 'the biggest shake-up for desktop virtualization in years.' The shake-up, which sees Microsoft's once promising Virtual PC off in the Windows 7 XP Mode weeds, has put VirtualBox — among the best free open source software available for Windows — out front as a general-purpose VM, filling the void left by VMware's move to make Workstation more appealing to developers and admins. Meanwhile, Parallels finally offers a Desktop for Windows on par with its Mac product, as well as Workstation 4 Extreme, which delivers near native performance for graphics, disk, and network I/O. 'There's some genuine innovation going on, especially in the areas of hardware support and application compatibility,' Kennedy writes. 'All support 32- and 64-bit Windows and Linux hosts and guests, and all have added compelling new VM management capabilities, ranging from automated snapshots to live VM migration.'"

itwbennett writes "Hurrah! The European Commission's antitrust investigation of Microsoft's position in the browser market is over. The EC has accepted Microsoft's commitment to offer users of 'Windows XP, Windows Vista and Windows 7 a choice screen through which they can pick the browsers they want to install on their PC,' writes Peter Sayer in an article on ITworld. 'The screen will be offered to users in the European Union and some neighboring countries for the next five years via the Windows Update mechanism. In addition, PC manufacturers will be allowed to ship computers with competing Web browsers, as well as or instead of Internet Explorer.'"

ctmurray writes "Computer technicians have found 22 million missing White House e-mails from the administration of President George W. Bush, and the Obama administration is searching for dozens more days' worth of potentially lost e-mail from the Bush years, according to two groups that had filed a lawsuit — which has now been dropped — over the failure by the Bush White House to install an electronic record-keeping system. Earlier we discussed the Obama White House's opposition to the lawsuit that led to this discovery." The related links reflect our discussions about the missing emails over two years.

adeelarshad82 writes with news that Microsoft has acknowledged and taken responsibility for the theft of code belonging to Plurk.com, although the company also said it was the work of a Chinese vendor. Yesterday we discussed Plurk's blog post accusing Microsoft of copying their UI and code for Microsoft's Chinese microblogging site, Juku. Microsoft has now taken the site down and indefinitely suspended Juku's beta.

DesScorp writes in to let us know about a White House piracy summit, which is going on this afternoon. Judging by the press accounts, the sort of intellectual property criminals they are interested in are large-scale DVD bootleggers, not individual downloaders. "Hollywood once again demonstrates its close ties to Washington DC, regardless of who is in power, with a White House summit on piracy to be attended by the top executives in Hollywood, as well as the music industry. Vice President Joe Biden will be leading the summit to discuss organized cooperation between the federal government and the entertainment industry on all matters of piracy. Also at the summit will be the Obama Administration's new Copyright Czar, Victoria Espinal. The summit comes after Congress has earmarked $30 million dollars of taxpayer funds for anti-piracy efforts." According to one attendee's tweet, the press was kicked out of the meeting around 20:45 GMT.

schleprock63 writes "The Ohio state supreme court has decided that a cell phone found on a suspect cannot be searched without a warrant. The majority based this decision on a federal case that deemed a cell phone not to be a 'closed container,' and therefore not searchable without a warrant. The argument of the majority contended that a cell phone does not contain physical objects and therefore is not a container. One dissenting judge argued that a cell phone is a container that simply contains data. He argued that the other judges were 'needlessly theorizing' about the contents of a cell phone. He compared the data contained within an address book that would be searchable." The article notes that this was apparently the first time the question has come up before any state supreme court.

EastDakota writes "Project Honey Pot today announced that it had trapped its 1 billionth spammer. To celebrate, the team behind the largest community sourced project tracking online fraud and abuse released a full rundown of statistics on the last five years of spam. Findings include: spam drops 21% on Christmas Day and 32% of New Year's Day; the most spam is sent on Mondays, the least on Saturdays; spammers found at least 956 different ways to spell VIAGRA (e.g., VIAGRA, V1AGRA, V1@GR@, V!AGRA, VIA6RA, etc.) in mail received by the Project; and much more."

An anonymous reader writes "Michael Geist, a leading critic of the ACTA secret copyright treaty, has produced a new interactive timeline that traces its development. The timeline includes links to leaked documents, videos, and public interest group letters that should generate increasing concern with a deal that could lead to a global three-strikes and you're out policy."

mauriceh writes "Since Monday Dec. 7, the Microsoft eOpen license website has been mostly 'Down for Maintenance.' When we do not see this message, we still do not see most of the normal functionality. As this is Microsoft's main channel for managing and installing licenses for products such as Server, and for open license products for business, this makes the company effectively 'closed for business!' Attempts to connect to https://eopen.microsoft.com/ are redirected (after a bad certificate warning) to https://www.microsoft.com/licensing/servicecenter/sitemaintenance.html. For those who wish to activate Microsoft Business Solutions software need to obtain Software Registration keys, and these also can not be obtained, as the site http://www.microsoft.com/BusinessSolutions/MBSRegistration does not resolve; instead one gets a Microsoft Search page. Telephone calls to their support numbers for the licensing program yield either busy signals, or a message saying one should 'call back later.'"

I Don't Believe in Imaginary Property writes "A Microsoft Office 2003 bug is locking people out of their own files, specifically those protected with Microsoft's Rights Management Service. Microsoft has a TechNet bulletin on the issue with a fix. It looks like they screwed up and let a certificate expire. There's no information on when the replacement certificate will expire, though, or what will happen when it does."

Fuzzzy writes "For a long time, people have suspected that Israeli ISPs are blocking or delaying P2P traffic. However, no hard evidence was provided, and the ISPs denied any interference. Today Ynetnews published a report on comprehensive research that for the first time proves those suspicions. Using Glasnost and Switzerland, an Internet attorney / blogger found evidence of deep packet inspection and deliberate delays. From the article: 'Since 2007 Ynet has received complaints according to which Israeli ISPs block P2P traffic. Those were brought to the media and were dismissed by the ISPs. Our findings were that there is direct and deliberate interference in P2P traffic by at least two out of the three major ISPs and that this interference exists by both P2P caching and P2P blocking.'"