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Government

Spamhaus Fine Reduced From $11.7M To $27K 378

eldavojohn writes "In 2006, anti-spam crusader Spamhaus was sued for 'defamation, tortious interference with prospective economic advantage and interference with existing contracts' after blocking 'promotional e-mails' from e360. What with the case being in Illinois and Spamhaus being a British outfit, Spamhaus didn't bloody care. So, e360 was awarded $11.7 million in damages, which was later thrown out in an appeals court with a request for the lower court to come up with actual damage estimates instead of the ridiculous $11.7 million. (e360 had originally stated $135M, then $122M, and then $30M as sums of damages.) As a result, the actual damages were estimated to be just $27,002. While this is a massive reduction in the fine and a little bit more realistic, I think it is important to note that Spamhaus is a service that people proactively utilize. They don't force you to use their anti-spam identification system — it's totally opt-in. And now they're being fined what a foreign judge found to be 'one month of additional work on behalf of the customers' to a company they allegedly incorrectly identified as spam. Sad and scary precedent."

Comment Re:Guessing how this is going to turn out... (Score 1) 242

Where exactly does a Web site "do business"? Geolocation is far from perfect, and while Google may have facilities in Europe, essentially all Web sites are available there, so even your local pizzeria with a brochureware Web page is potentially subject to Italian prosecution just like Google. Or French. Or Saudi. Just ask Dow Jones, which was successfully sued in Australia under Australian law for defamation based upon an article on the Barrons.com Web site.

The Internet is without borders, but the law isn't. That's the real challenge here, and it's one that is becoming more and more problematic for companies of all sizes, in all industries, as they expand their online operations. {ProfJonathan}

Comment Re:Guessing how this is going to turn out... (Score 1) 242

As the poster of the original article, I'll point out that assuming that "plain text" is "the most protected form of speech going" is a very US-only attitude. Protected speech implies *something* protecting it, in the US' case the First Amendment to the Constitution, plus 200+ years of court opinions interpreting that amendment. There was *nothing* guaranteeing that US courts would define online content, whether plain text or video, as "speech" of any kind, nor that forum hosts would be immune from liability for such content posted by 3rd parties (witness the Stratton Oakmont v. Prodigy case, which led Congress to adopting the very broad 47 USC 230 to both overturn Stratton Oakmont and help the nascent Internet industry thrive).

This current case, and the others like it, set up a potential countermovement away from allowing user-posted content including that which I'm typing right now, a countermovement that could, if it grows, stifle the value of the Internet as a many-to-many communications medium. {ProfJonathan}

Google

Submission + - Google Privacy Counsel Facing Criminal Charges

ProfJonathan writes: "According to this story in the IAPP's Privacy Advisor, Google's global privacy counsel, Peter Fleischer, is facing criminal charges in Italy for defamation based upon a user's posting of a video to Google Video. Mr. Fleischer was on his way to the University of Milan for a speaking engagement when he was met by Italian law enforcement officials. As with the 1997 case of Compuserve's Felix Somm and the 2006 arrest of the CEO of BetOnSportsUK in Texas during a layover on a trip to Costa Rica, this case once again highlights the risks faced by executives and employees of online companies whose activities may be legal and protected in their own countries, but illegal elsewhere in the world. Troubling, and worth watching. {Jonathan}"

Comment Re:WTF (Score 1) 648

It wasn't that Superman didn't press charges; it was that by the time Superman needed to testify against Luthor in court, he'd left the Earth (chasing, if the prequel comic is to be believed, a rumor of Krypton that was started by the self-same Lex Luthor for that very purpose). {ProfJonathan}

Comment Multiple areas of potential exposure (Score 1) 604

While IAAL and a law professor to boot, this isn't legal advice but general information .

Even if you don't take and use the code, you are facing some potential issues on a number of fronts:

1) Patent: Your (former) employer may have (or have filed for) a patent on the function and/or operation of the existing software. Even if you redesign from scratch, you could be infringing that patent once it is issued. Conversely, your ability to yourself obtain a patent on your new work (which adds to its potential commercial value) is probably limited or non-existent, given the "prior art" of your former employer's product.

2) Copyright: To the extent that your new product, independent code or otherwise, looks the same, you could face liability for copyright violations on the visuals of the old product. Beyond that, you would probably need to use "clean room" development techniques to create any new product, in order to be able to demonstrate that you did not utilize the old one in your work, since copyright infringement can be demonstrated by substantial similarity plus access; if your code too closely mirrors the old app, you could be deemed infringing even if you in fact rewrote it from scratch. "Clean room" methods help with that.

3) Beyond the non-compete (which may or may not be enforceable), you'll have to consider any non-disclosure agreements to which your team is subject, both from a contract perspective and to the extent your former employer brings a lawsuit alleging violation of its trade secrets (separate but related to intellectual property). Further, to the extent your work incorporates ideas arising out of projects done for your former employer's customers, there could be non-disclosures with those customers which you might be sued for violating.

Bottom line: if (or when) you get sued by your former employer, you will have to prove the negative, namely that you didn't steal any of its proprietary info. Beyond that effort, you may also be violating its general IP rights regardless of copying. {ProfJonathan}

Nintendo

Submission + - DS Games for Pre-readers?

ProfJonathan writes: My daughter just got a DS from the grandparents for her 6th birthday. She's only beginning to read, but wants a bunch of games of her own rather than just playing her older brothers' games. She got Nintendogs with the DS, so that's taken care of, but other relatives are asking what she might want. Can anyone recommend some good DS games that don't require reading skill, that might be age-appropriate and interesting for a 1st grade girl? Thanks. {ProfJonathan}
Biotech

Submission + - Mice Cured of Autism

noahisaac writes: "My brother just sent me an article he posted for the Rett Syndrome Research Foundation about a cure for Rett Syndrome, a form of autism. According to the article, researchers successfully re-introduced a fully functional version of the MECP2 gene into mice that had been born with damaged MECP2 genes. Contrary to their expectations, the mice improved. From the article, "restoration of fully functional MECP2 over a four week period eradicated tremors and normalized breathing, mobility and gait in mice that had previously been fully symptomatic and, in some cases, only days away from death." The ramifications for people suffering from Rett Syndrome are obvious, but mutations of the MECP2 gene are also believed to be the cause of "classic" autism, and a number of other neurological disorders."
Software

Geographical Mapping of Website Traffic? 20

inputsprocket asks: "Having gotten into a project that involves doing some geo-statistic data mining analysis on Apache log files, I couldn't believe how there seems to be such a large chasm, in open source's vast library, for such a powerful analytical tool. Unless I'm wrong, then there is no such open source project available for *nix variants. There appears to be a great deal of brand software (heh — only for Windows off-site analysis though), yet there is are great open source tools for generic mapping tools (GMTs). The available GMTs seem to be overkill for mapping of weblogs and require a lot of in-house programming to map IP addresses to cartographic data using free geo-location databases. The closest I found was Palentir. Does one really have to rely on the powerful needs of Map Server, MapTools, Carto Web, or Map Builder to draw simple maps with statistics on web usage, given the extra programming needs required to do this?

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