A new paper from the Progress & Freedom Foundation misinterprets Lawrence Lessig’s Free Culture and links narrowed copyright to Soviet dictatorship. It also illuminates a schism in the modern right when it comes to IP.
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With a unique collection of inventory and communication tools, Wigix is bringing some new ideas to the online marketplace. Ars Technica goes shopping to see if Wigix can earn your dollar.
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coondoggie sends us a story from NetworkWorld.com, as is his wont, this one on the FBI opening two new US Regional Computer Forensics Laboratories this week. In these laboratories examiners conduct a growing number of forensic examinations of digital media in support of the investigation and/or prosecution of a federal, state, or local crime. With the addition of the new facilities in Los Angeles and Albuquerque, the FBI will have 16 RCFLs nationwide. And they are needed: “During 2007, RCFL experts conducted 4,634 exams, processing 1,288 terabytes of information. A total of 76,581 digital devices were examined (the most popular media by far — CDs, coming in at 37,424; followed by hard disk drives at 17,378; floppy disks at 11,781; and DVDs at 4,374). The number of CDs, cell phones, and flash media devices examined doubled from the previous year.”
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On Tuesday, Mike Arrington of TechCrunch took a straw poll on Twitter and decided to set up a screening of the new movie Iron Man, based on the comic. By Wednesday morning the details were set. He had rented out the Metreon by calling the “Group Sales” phone number on the Iron Man website, and paid for 600 seats for the showing. He posted the info to his blog, and asked people to pay $1 per seat in order to hold the spot (and to avoid no-shows). All this was perfectly reasonable. And then… a lawyer from Marvel Comics sent Arrington a threatening cease-and-desist letter demanding that he pull down the information about the show, claiming that Arrington wasn’t authorized to set up such a showing. Again, the whole thing was arranged by Arrington by calling the “Group Sales” line on the Iron Man website. All of the tickets were paid for. It’s hard to see what Marvel can possibly be complaining about. Also, I know for a fact that Arrington’s event is hardly the only such event… because I got invited to a different one (also tomorrow, though at a different time and location and organized by a different group) and have a ticket on my desk for the show.
As a guess, perhaps Marvel is upset that Arrington made his an open invite system. The other showings I’m aware of are all private invite-only showings. But, even if that’s true, it’s rather ridiculous for Marvel to be complaining, and this is giving the company a ton of totally unnecessary bad press for an event that was generating plenty of enthusiasm and excitement for the movie. It appears to be yet another case where a lawyer is complaining because he can, and not because it’s a good business move. As of right now, AMC Theatres, who sold Arrington the tickets is standing behind the showing, and hopefully someone higher up at Marvel is figuring out what a ridiculous move this is, and will apologize by morning.
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Goobermunch sends in a law.com article going into questions about the validity of recent patent rulings (within the past eight years) by the Board of Patent Appeals and Interferences, due to the unconstitutionality of the method for appointing patent and trademark appeals judges. The problem arises because the patent appeals judges were appointed by the Director of the Patent and Trademark Office, rather than the Secretary of Commerce. Under Article 2, Section 2 of the U.S. Constitution, the power to appoint “inferior officers” of the government may be vested in “in the President alone, in the courts of law, or in the heads of departments.” The patent appeals judges are likely inferior officers, and therefore must be appointed by the President, the courts, or a department head. Quoting: “The US Patent and Trademark Office may have a major problem on its hands — the possibly unconstitutional appointment of nearly two-thirds of its patent appeals judges. Such a constitutional flaw, if legitimate, could call into question the hundreds of decisions worth billions of dollars in the past eight years. The flaw, discovered by highly regarded intellectual property scholar John Duffy of George Washington University Law School, could also afflict the appointment of nearly half of the agency’s trademark appeals judges.”
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Last week a federal magistrate judge ordered the Bush administration to answer some pointed questions about its failure to preserve White House emails as required by federal law. Ars examines what the law requires, what the White House has done, and what the rest of us should do about it.
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Sometimes you don’t need to know everything about wireless to secure a home or home-office network; you only need to know what’s important.
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Ian Lamont writes “MySpace is preparing to boost its advertising systems, by launching a targeted ad platform called HyperTargeting and creating a Web-based system that lets vendors purchase ads without dealing with human sales teams. HyperTargeting will ‘look at a person’s interests listed on their public profile and then classify the user into particular interest-specific categories.’ MySpace claims that early tests resulted in a 300 percent increase in the number of ad click-throughs. The company apparently learned a lot from Facebook’s earlier experiences with Beacon — MySpace members will be able to opt out of HyperTargeting, according to the company.”
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We’ve written about all sorts of crazy things that software companies do in their EULAs (End User License Agreement), but it really says something about how ingrained the concept of an EULA has become that
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Race car drivers put in long and grueling workouts to condition themselves to maneuver their speed machines. See what it takes to withstand 150-degree heat, 300 pounds’ worth of brake resistance and inertial forces of up to 5 gs.
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The secret history of how the nation’s spies discovered that their ace equipment was leaking data into the ether has never been told before. But now a declassified NSA document tells how a Bell Telephone engineer stumbled onto a problem that vexes the agency to this day.
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Hillary Clinton joined John McCain in shamelessly pandering for votes by calling for a suspension of the federal gas tax. If any of the candidates had any courage, they’d propose increasing the tax to wean us off oil.
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Intel and Cray are teaming up to use the former’s CPU and upcoming GPU parts in the latter’s supercomputers. We take an in-depth, technical look inside the announcement, and get a peek at supercomputing in 2010.
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eldavojohn writes “The design director of NYTimes.com, Khoi Vinh, recently answered readers’ questions in the Times’s occasional feature ‘Ask the Times.’ He was asked how the Web site looks so consistently nice and polished no matter which browser or resolution is used to access it. His answer begins: ‘It’s our preference to use a text editor, like HomeSite, TextPad or TextMate, to “hand code” everything, rather than to use a wysiwyg (what you see is what you get) HTML and CSS authoring program, like Dreamweaver. We just find it yields better and faster results.’”
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Digital forensics is still a relatively new addition to the field of law enforcement, but Microsoft has been working with police investigators to make their jobs a little easier. Yesterday, Redmond announced that its developed a USB thumbdrive with a custom set of commands for on-the-spot data recovery and analysis.
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Megan McCardle ponders the future of amateur blogging and wonders if we’re seeing a transition to a world in which most high-traffic bloggers do that as their day jobs, and the line between amateur and professional becomes sharper. Megan actually points to two trends that seem mutually exclusive. On the one hand, she says that almost all the economics bloggers (which is her area of focus) she knows have been snapped up. On the other hand, she wonders if we’re getting to the point where it’s a lot more difficult to “break in” to the blogging profession. But clearly these can’t both be true. If media organizations have snapped up all the good bloggers in a given category, then there’s presumably pent-up demand that could be satisfied by any ambitious amateur who can prove herself to be up to the task. The great thing about the blogosphere is that you don’t need a “big break.” You just start writing, and if your work is good enough, other bloggers eventually notice you and start reading you.
But don’t professional bloggers have an unfair advantage because they can do it all day? There’s certainly some truth to this, but it shouldn’t be over-stated. Lots of people have white-collar jobs that allow them to take blogging breaks on a regular basis. And it’s not necessary to churn out 20 posts a day in order to build up a strong readership. If you can do one or two really sharp posts each day, that’s likely to be enough to get people noticing your work. Moreover, having a day job often gives a blogger unique insights. One of Techdirt’s contributors, Tom Lee, is a working web developer, and I think this is clearly reflected in the technically-savvy posts he contributes to the site. One of the great strengths of the blogosphere is that it’s not limited to people who sit around blogging all day.
But the most important thing to keep in mind is that “breaking in” isn’t really the point, and probably never will be. As I’m sure Megan will agree, blogging is not a good way to get rich. People almost always start blogging as amateurs, and they blog first and foremost because they enjoy doing so. Someone who didn’t enjoy blogging simply couldn’t bring themselves to devote the amount of time it takes to build up a widely-read blog; there are much quicker and easier ways to earn some extra cash. On the other hand, if someone does enjoy it, it doesn’t matter too much if they “break in” because it’s a fun hobby whether they’re getting paid for it or not. I don’t think this is a temporary artifact of blogging’s early days; it’s likely a permanent feature of the Internet’s democratization of communications. There will always be a large number of amateurs creating online content and a smaller core of professionals, with a relatively fluid line dividing the two.
Timothy Lee is an expert at the Techdirt Insight Community. To get insight and analysis from Timothy Lee and other experts on challenges your company faces, click here.
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The Iron Man movie will soon fly into a crowded, expensive theater near you. If you’re not braving the fan horde to see it on opening night Thursday, you might be following my plan: See if your friends like it, and if they do, catch the flick on Blu-ray.
That leaves you with three to five months to fill while waiting for the Golden Avenger to soar into your living room and leave scorch marks on the wall-to-wall. But is Iron Man really the best use of your iron dollar? Might there be other, equally ferrous, folks who meet or exceed the quality standards over at Stark Industries? I think we should investigate.
Download audio files and subscribe to the
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AMD’s 780G chipset has earned good reviews across the board, but poor documentation and board design are causing motherboard compatibility issues. Multiple vendors failed to validate their boards for 125W CPUs, a bad thing for customers wanting AMD’s high-end X4 Phenoms in a 780G solution.
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Ron Guilmette writes “As reported in the Washington Post’s Security Fix blog, a substantial hunk of IP address space has apparently been taken over by notorious mass e-mailing company Media Breakaway, LLC, formerly known as OptInRealBig, via means that are at best questionable. The block in question is 134.17.0.0/16, which I documented in depth in an independent investigation. (Apparently, the President of Media Breakaway has now admitted to the Washington Post that his company has been occupying and using the 134.17.0.0/16 block and that front company JKS Media, which provides routing to the block, is actually owned by Media Breakaway.) Remarkably, the president of Media Breakaway, who happens to be an attorney, is trying to defend his company’s apparent snatching of this block based upon his own rather novel legal theory that ARIN doesn’t have jurisdiction over any IP address space that was handed out before ARIN was formed, in 1997.”
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The Swiss scientist who synthesized lysergic acid diethylamide — and accidentally took the first LSD trip — departs for the great beyond.
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Rob Hyndman writes in to let us know about yet another person trying to use libel laws to get content taken down that isn’t libelous at all. Apparently, the head of the Canadian postal service, Moya Greene, got upset at a satirical blog post on the blog of the postal workers’ union making fun of Greene for joining the board of directors of Tim Hortons, the well-known doughnut shop. The union blog post put together a mildly amusing “Top 10″ list of reasons why Greene had joined the board, including such things as “So she (or her driver) doesn’t have to get in line to get her morning coffee.” Har har. So, it’s not all that funny. But, it’s difficult to see how it’s libel. And, of course, by invoking The Streisand Effect, it seems like all Greene has done is suggest that she doesn’t have much of a sense of humor.
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A Florida judge’s ruling requires a mortgage company to buy “negative keywords” if it ever uses Internet advertising.
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Tumbleweed writes “The Cross Platform and Interop team at Microsoft today announced some new beta products for managing Unix/Linux systems from MS Operations Manager 2007, as well as connectors for HP OpenView and IBM Tivoli Enterprise Console. Both betas are available at Microsoft Connect (search for systemcenter), according the blog.”
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The lawsuit of Atlantic v. Howell got a ton of attention late last year when some folks, including the Washington Post, misinterpreted an RIAA filing to suggest that the RIAA had claimed that merely ripping your CD to your computer was file sharing. While the RIAA may actually believe that (and has made other statements to that effect), the filing in this case did not say that at all. Instead, it clearly stated that it was the combination of ripping the CD and putting the music into a shared folder that made the songs no longer “authorized.” It was simply yet another version of the RIAA’s theory that “making available” is the equivalent of distribution for copyright purposes. Still, based on this theory, the RIAA asked for summary judgment against Howell. The court has now come out with a detailed and well reasoned decision completely rejecting the RIAA’s “making available” theory, highlighting why it does not appear to be supported by copyright law. It’s worth reading if you’re interested in this stuff. Either way, the RIAA isn’t getting its summary judgment, and the case will proceed later this year.
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hweimer writes “Remember the heat the Linux Foundation took for allegedly not giving enough attention to Desktop Linux? The latest events at the Foundation’s annual summit paint a different picture. Industry heavyweights like Dell, HP, and Lenovo ‘announced on stage that they will now include wording in their hardware procurement processes to “strongly encourage” the delivery of open source drivers’. The move specifically targets desktop and mobile products.”
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Oil could hit $200 a barrel, we might see gas at $7 a gallon and market forces seem to be going haywire. What’s going on, and who’s to blame?
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NewYorkCountryLawyer writes “In Atlantic v. Howell, the judge has totally eviscerated the RIAA’s theories of ‘making available’ and ‘offering to distribute.’ In a 17-page opinion (PDF), District Judge Neil V. Wake carefully analyzed the statute and caselaw, and based on a ‘plain reading of the statute’ concluded that ‘Unless a copy of the work changes hands in one of the designated ways, a “distribution” under [sec.] 106(3) has not taken place.’ The judge also questioned the sufficiency of the RIAA’s evidence pointing towards defendant, as opposed to other members of his household. This is the Phoenix, Arizona, case in which the defendant is representing himself, but received some timely help from his friends. And it’s the same case in which the RIAA suggested that Mr. Howell’s MP3s, copied from his CDs, were unlawful. One commentator calls today’s decision ‘Another bad day for the RIAA.’”
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An anonymous reader sends word that Microsoft Windows XP SP3, which had been scheduled to hit the Web today, was pulled back at the last minute. SP3 apparently broke a Microsoft application, Microsoft Dynamics Retail Management System. Their solution is to set up a filter to make sure that no system running the affected software will get automatically updated; once the filter is in place, SP3 will be released to the Web. A fix for the incompatibility will follow.
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cgh4be writes “I have been working in the IT industry for about 12 years and have had various jobs as a consultant and systems engineer. Over that time I’ve had the chance to do a little bit of everything: programming, networking, SAN, Linux/AIX/UNIX, Windows, sales, support, and on and on. However, over the last couple of months I have become a little disillusioned with the IT industry as a whole. Occasionally, I will get interested in some new technology, but for the most part I’m starting to find it all very tedious, repetitive, and boring and I’m no longer really interested in the hands-on aspect of the business. I suppose going the management route is one option, but I would still be dealing with a lot of the same frustrating technology issues. The other route I had in mind was a complete career change; take something I really enjoy doing outside of work now and try to make a career out of it. The only problem is that I have a wife and kid to support and my current job pays very well. Have any of you been through this kind of career ‘mid-life crisis?’ What did you do to get out of the rut? Is making a complete career change at this point a bad idea?”
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Another judge has resoundingly rejected the RIAA’s theory that making a file available over a P2P network constitutes copyright infringement. Atlantic v. Howell is now headed for a bench trial this fall.
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It’s long been assumed that Microsoft has built in various “backdoors” for law enforcement to get around its own security, but now reader Kevin Stapp writes in to let us know that the company has also been literally handing out the keys to law enforcement. Apparently, they’re giving out special USB keys that simply get around Microsoft’s security, allowing the holder of the key to very quickly get forensic information (including internet surfing history), passwords and supposedly encrypted data off of a laptop. While you can understand why police like this, the very fact that the backdoor is there and that a bunch of these USB keys are out there pretty much guarantees that those with nefarious intent also have such keys. The second you build in such backdoors, no matter how noble the reason, you can rest assured that they will be used by criminals as well. No matter what, for those of you who didn’t already know it, now you have more evidence as to why trusting Microsoft’s “security” isn’t such a good idea.
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Chris Smith, a Republican congressman from New Jersey, wants the House to enact legislation before the summer Olympics in China that would ban US tech companies from complying with repressive regimes’ censorship requests
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An anonymous reader writes “For years, domain squatters have exploited an ICANN loophole: whenever a domain name is registered, ICANN collects a 20-cent fee from the registrar. To allow for non-paying customers, the registrar can return it five days later for a full refund. The loophole has let unscrupulous registrars constantly create and refund domain-squatting websites, selling ‘what you need when you need it’ advertising. The problem has grown so bad that every month the world’s top three domain squatters, all located in Miami with the same address and represented by the same lawyer, recycle 11 million domain names. After years of complaints, ICANN has finally begun moving on the problem. On April 17 ICANN’s Generic Names Supporting Organization voted to make the ICANN 20-cent fee non-refundable. If the ICANN board ratifies this position in June, those top three squatters will be getting a monthly bill for $2.2M. News of the ICANN changes has been applauded by legitimate Internet businesses, tired of having to choose nonsense names because all the good ones have been squatted. ICANN has published an analysis of the economics of ending domain squatting.”
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“After a while, we started to see how arrogant he was, how little sympathy he had for his wife,” says a 61-year-old school teacher who sat on the jury. “He was thinking this out.”
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An anonymous reader writes “Tamir Khason from Israel has blogged about the direct connection between the amount of facial hair and the success of computer languages. Very funny, and it’s the truth.”
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Blockbuster is allegedly in talks with Viacom and others to become a partner in the new premium movie channel set to launch later this year. The company may be most interested in the mystery online component, since it’s still trying to succeed in the digital market.
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A few years back, we wrote about a documentary that couldn’t be shown due to copyright problems. It appears this problem is only getting worse. jprlk writes in to let us know about growing concerns from documentary filmmakers that issues concerning copyright make it increasingly difficult to actually make documentary films. Having reached this age where so many people are claiming “ownership” of content and demanding huge fees for any usage, documentary filmmakers run the risk of either getting charged repeatedly with copyright infringement or going through the long, difficult and expensive process of securing the rights. As the article quotes one documentary film maker saying, “Half of my budget is rights clearances, if you can get them.” Given that the whole point of documentaries is to document things that are actually happening, it seems rather silly to realize that they can’t document many things without first paying for the permission to do so.
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goombah99 writes “Princeton Professor, Ed Felton, has posted a series of blog entries in which he shows the printed tapes he obtained from the NJ voting machines don’t report the ballots correctly. In response to the first one, Sequoia admitted that the machines had a known software design error that did not correctly record which kind of ballots were cast (republican or democratic primary ballots) but insisted the vote totals were correct. Then, further tapes showed this explanation to be insufficient. In response, State officials insisted that the (poorly printed) tapes were misread by Felton. Again further tapes showed this not to be a sufficient explanation. However all those did not foreclose the optimistic assessment that the errors were benign — that is, the possibility that vote totals might really be correct even though the ballot totals were wrong and the origin of the errors had not been explained. Now he has found (well-printed) tapes that show what appears to be hard proof that it’s the vote totals that are wrong, since two different readout methods don’t agree. Sequoia has made trade-secret legal threats against those wishing to mount an independent examination of the equipment. One small hat-tip to Sequoia: at least they are reporting enough raw data in different formats that these kinds of errors can come to light — that lesson should be kept in mind when writing future requirements for voting machines.”
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perlow writes “Yesterday, the Open Source community took an emotional hit when veteran Linux programmer Hans Reiser was convicted of first degree murder in the suspicious disappearing of his wife, Nina. While I won’t go into the details of the case, as this has been covered extensively in the press, I would like to talk a little bit about how this verdict will impact the technology in play for file system dominance in our favorite Open Source operating system, Linux.”
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The RIAA has filed a federal complaint against the music search engine Project Playlist, arguing that most of the material it turns up is infringing and that the site operators know it. The “we just link to the music” defense may not fly in this case.
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Sastira writes “Jordan Bunnell has successfully modded his Macbook Air to use an internal EVDO Broadband card. In order to make everything fit, he had to sacrifice the WiFi and bluetooth cards, but considering the portable nature of the laptop, it is a small price to pay for being truly wireless.” (You’ll need to scroll down past the sketchy-looking top section of that page.) Sastira also links to this InsanelyMac forum thread on the mod.
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The $5 billion lawsuit against Google charging the company with crimes against humanity, terrorism, and other various evils has been dismissed on appeal.
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We’ve long promoted the common-sense idea of orphan works legislation. Orphan works are works still under copyright whose present owners are unknown. This is a serious problem because there’s no way to license orphan works and a big risk of a subsequent infringement lawsuit if they’re used without a license. My co-blogger Jerry Brito has a post examining a pair of bills (one in the House, one in the Senate) that would address the problem. Under the proposal if someone is unable to find the owner of a copyrighted work after a diligent search, then the work could be used without the fear of a crippling lawsuit later. If a copyright holder comes along later, he won’t be able to obtain draconian punitive damages. Rather, the court would estimate how much a reasonable licensing royalty would have cost and assign that amount to the copyright holder. One of the best things about this proposal is that it would give an incentive to copyright holders to start placing copyright notices on their works, something that was mandatory until the 1970s. If more copyright holders marked their works, that would dramatically reduce the orphan works problem going forward, because it would be easier for people to find copyright holders and negotiate licenses.
Of course, it should be said that “statutory damages” for copyright infringement — which can be as high as $150,000 per work infringed — are way too high across the board. It will be great if we can reduce that burden for the users of orphan works, but I’d like to see punitive damages lowered across the board so we don’t see any more travesties of justice like the 2000 MP3.com case. In that case, the damages were so excessive that MP3.com couldn’t even afford to appeal. Orphan works legislation is a good first step toward reforming the copyright system, but there’s a lot more that needs to be done.
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