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The Courts

Submission + - Washington Woman Sues RIAA for Attorneys Fees 1

NewYorkCountryLawyer writes: "A Washington woman sued by the RIAA has asked the Court to award her attorneys fees, after the record company plaintiffs (Interscope Records, Capitol Records, SONY BMG, Atlantic Recording, BMG Music, and Virgin Records) dropped their case against her after two (2) years of litigation, in Interscope v. Leadbetter. The brief submitted by her attorneys (pdf) pointed out the similarity between Ms. Leadbetter's case and Capitol v. Foster. In Leadbetter, as in Foster, the RIAA sued the woman solely because she had paid for an internet access account, and then later in the case attempted to plead "secondary liability" against her without any factual basis for doing so. This tactic had been repudiated by Judge Lee R. West in Capitol v. Foster as "marginal" and "untested" in his initial decision awarding attorneys fees, and in his later decision denying the RIAA's motion for reconsideration."
Privacy

Submission + - Which ISPs Are Spying on You? (wired.com)

firesquirt writes: In an article from WIRED http://www.wired.com/politics/onlinerights/news/20 07/05/isp_privacy The few souls that attempt to read and understand website privacy policies know they are almost universally unintelligible and shot through with clever loopholes. But one of the most important policies to know is your internet service provider's — the company that ferries all your traffic to and from the internet, from search queries to BitTorrent uploads, flirty IMs to porn.
Patents

Submission + - Alan Cox on Patent Law and GPLv3 (abclinuxu.cz)

tykev writes: "Linux kernel guru Alan Cox talks about kernel features, cooperation with hardware vendors, and software patents. From the interview: "I don't think [Microsoft's patent threats] are the biggest danger. As Microsoft has been finding out recently it is the patent trolls, and organisations with buried patents in interesting areas that are the biggest threat in the USA. The real answer to that problem, however, is to pull the USA back into line with the majority of the world which simply does not recognize patents on software but respects them as literary works subject to copyright law. Also therefore we have to make sure the continuing US attempts to spread bogus patent law into the EU are defeated.""
Displays

Submission + - Man sues Gateway because he can't read EULA

Scoopy writes: California resident Dennis Sheehan took Gateway to small claims court after he reportedly received a defective computer and little technical support from the PC manufacturer. Gateway responded with their own lawyer and a 2-inch thick stack of legal docs, and claimed that Sheehan violated the EULA, which requires that users give up their right to sue and settle these cases in private arbitration. Sheehan responded that he never read the EULA, which pops up when the user first starts the computer, because the graphics were scrambled — precisely the problem he had complained to tech support in the first place. A judge sided with Sheehan on May 24 and the case will proceed to small claims court.

A lawyer is quoted as saying that Sheehan, a high school dropout who is arguing his own case, is in for a world of hurt: 'This poor guy now faces daunting reality of having to litigate this on appeal against Gateway...By winning, he's lost.'
Patents

Submission + - Novel partners with EFF on patent busting

Seymour writes: Strange bedfellows? Novell and the EFF have announced that Novell will be contributing to the EFF's Patent Busting Project. Novell will also support the EFF's efforts toward patent reform, including with the WIPO. Could this be Novell trying to get back in the good graces of Linux users? 'Novell's agreement with Microsoft has been a source of contention within open source circles, with one Red Hat executive accusing the company of appeasing Microsoft; others have accused Novell of violating the GPL with the agreement. Either way, signing the deal with Microsoft did a lot to sully Novell in the eyes of many Linux users, and Novell's decision to link up with the EFF on patents may have been made with an eye towards getting some of its street cred back with the OSS community.'
Toys

Submission + - Polyethylene Bulletproof Vests better than Kevlar

teflonscout writes: When I think of bulletproof vests, the first word that comes to mind is Kevlar. Wired is running a story on Dynema SB61, a bulletproof material that is made of polyethylene. It is a higher grade of the plastic found in Tupperware. The story also mentions the recall of Second Chance bulletproof vests that were made from Zylon, a material that degraded slowly when exposed to moisture. At least one police officer was injured when a bullet penetrated his Zylon vest. Polyethylene is impervious to moisture. The first vests made from this new material are 5mm thick and can stop at 9mm bullet traveling at 1777 feet per second, which is slightly better than other top of the line vests.
Sci-Fi

Submission + - Using Technology to Enhance Humans

Roland Piquepaille writes: "It's a well-known fact that technology can improve our lives. For example, we can reach anyone and anywhere with our cellphones. And people who can't walk after an accident now can have smart prosthesis to help them. But what about designing our children on a computer or having a chip inside our brain to answer our email messages? Are we ready for such a future? In "Robo-quandary," the Milwaukee Journal Sentinel reports that many researchers are working on the subject. And as a professor of neuroscience said, "We can grow neurons on silicone plates; we can make the blind see; the deaf hear; we can read minds." So will all we become cyborgs one day? Maybe not, but read more for additional details about one researcher's work about transhumanism."
Media

Submission + - Lawsuit Invokes DMCA to Force DRM Adoption

TechnicolourSquirrel writes: Forbes.com informs us that Media Rights Technologies is suing Microsoft, Apple, Adobe, and Real Networks for not using its DRM technology and therefore 'failing to include measures to control access to copyrighted material,' alleging that their refusal to use MRT's X1 Recording Control technology constitutes a 'circumvention' of a copyright protection system, which is of course illegal under the Digital Millenium Copryight Act. I would say more, but without controlling access to this paragraph with MRT's products, I fear I have already risked too much...
Google

Submission + - Google search by employer not illegal, say judges

An anonymous reader writes: A court of appeals for the federal circuit has upheld a ruling (PDF) against a man who sued his former employer for Googling his name before firing him. He had accused his former employer of participating in "ex parte" communications — off-the-record communications that are used to play a part in the final outcome of a decision — that ultimately affected the decision to fire him from his job. However, the three-judge panel ruled that an ex parte communication did not occur in the case when the employer used Google.

The man in question, David Mullins, was a government employee at the National Oceanic and Atmospheric Administration's Weather Forecast Office in Indianapolis, IN. Through a series of events, Mullins' employer found that he had misused his government vehicle and government funds for his own purposes — such as sleeping in his car and falsifying hotel documents to receive reimbursements, withdrawing unauthorized amounts of cash from the company card, traveling to destinations sometimes hundreds of miles away from where he was supposed to be (and using his company card to fill up on gas there), and spending company time to visit friends and/or his children. Mullins' supervisor provided a 23-page document listing 102 separate instances of misconduct.

Mullins took issue with a Google search that Capell performed just before authorizing his firing. During this Google search, Capell found that Mullins had been fired from his previous job at the Smithsonian Institution and had been removed from Federal Service by the Air Force. Mullins argued that his right to fundamental fairness was violated when Capell performed the search and that she committed perjury when she stated that the search did not influence her decision to fire him.

http://arstechnica.com/news.ars/post/20070510-goog le-search-by-employer-not-illegal-say-judges.html

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