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  • Deputy Who Fatally Struck Cyclist While Answering Email Will Face No Charges

    Frosty P writes The LA County District Attorney's Office declined to press charges against a sheriff's deputy who was apparently distracted by his mobile digital computer when he fatally struck cyclist and former Napster COO Milton Olin Jr. in Calabasas last December. The deputy was responding to routine work email when he drifted into the bike lane and struck and killed Mr. Olin. An official with the L.A. County Sheriff’s Department said it is launching its own probe into the deputy’s behavior.

    394 comments | yesterday

  • Microsoft Defies Court Order, Will Not Give Emails To US Government

    schwit1 sends this excerpt from a report about Microsoft: Despite a federal court order directing Microsoft to turn overseas-held email data to federal authorities, the software giant said Friday it will continue to withhold that information as it waits for the case to wind through the appeals process. The judge has now ordered both Microsoft and federal prosecutors to advise her how to proceed by next Friday, September 5.

    Let there be no doubt that Microsoft's actions in this controversial case are customer-centric. The firm isn't just standing up to the US government on moral principles. It's now defying a federal court order. "Microsoft will not be turning over the email and plans to appeal," a Microsoft statement notes. "Everyone agrees this case can and will proceed to the appeals court. This is simply about finding the appropriate procedure for that to happen."

    398 comments | 2 days ago

  • Judge Allows L.A. Cops To Keep License Plate Reader Data Secret

    An anonymous reader writes: A Los Angeles Superior Court judge has ruled that the Los Angeles Police Department is not required to hand over a week's worth of license plate reader data to the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF). He cited the potential of compromising criminal investigations and giving (un-charged) criminals the ability to determine whether or not they were being targeted by law enforcement (PDF). The ACLU and the EFF sought the data under the California Public Records Act, but the judge invoked Section 6254(f), "which protects investigatory files." ACLU attorney Peter Bibring notes, "New surveillance techniques may function better if people don't know about them, but that kind of secrecy is inconsistent with democratic policing."

    108 comments | 2 days ago

  • US Government Fights To Not Explain No-Fly List Selection Process

    An anonymous reader writes: On August 6, U.S. District Judge Anthony Trenga ordered the federal government to "explain why the government places U.S. citizens who haven't been convicted of any violent crimes on its no-fly database." Unsurprisingly, the federal government objected to the order, once more claiming that to divulge their no-fly list criteria would expose state secrets and thus pose a national security threat. When the judge said he would read the material privately, the government insisted that reading the material "would not assist the Court in deciding the pending Motion to Dismiss (PDF) because it is not an appropriate means to test the scope of the assertion of the State Secrets privilege." The federal government has until September 7 to comply with the judge's order unless the judge is swayed by the government's objection.

    246 comments | 4 days ago

  • Australian Consumer Watchdog Takes Valve To Court

    angry tapir writes The Australian Competition and Consumer Commission, a government funded watchdog organization, is taking Valve to court. The court action relates to Valve's Steam distribution service. According to ACCC allegations, Valve misled Australian consumers about their rights under Australian law by saying that customers were not entitled to refunds for games under any circumstances.

    135 comments | 4 days ago

  • Judge Lucy Koh Rejects Apple's Quest For Anti-Samsung Injunction

    The Associated Press, in a story carried by The Financial Express, reports that Federal Judge Lucy Koh has has rejected Apple's attempt to block the sale of several older Samsung smartphones that copied features in the iPhone. Wednesday's rebuff comes nearly four months after a jury awarded Apple Inc. $119 million in damages for Samsung's infringements on technology used in the trend-setting iPhone. The amount was well below the $2.2 billion in damages that Apple had been seeking in the latest round of legal wrangling between the world's two leading smartphone makers since the tussle began four years ago. The Register also carries the story, and notes Perhaps because the ongoing battle was turning the two companies into law firms rather than tech titans, the two agreed to abandon all patent lawsuits outside the USA earlier this month. However, Apple still wanted the infringing features extirpated from American stores, and was seeking to have phones nobody bought banned as ammo for future battles.

    30 comments | 4 days ago

  • Google Wins $1.3 Million From Patent Troll

    An anonymous reader writes Earlier this year, Google sued Beneficial Innovations for breach of contract, ostensibly in defense of its Doubleclick ad technology clients against whom Beneficial Innovations had filed suits despite Google having already paid licensing fees for the technology. Following Google's jury trial win, the company was originally awarded only 'nominal damages of $1 and a judicial order stopping Beneficial from going after more Doubleclick customers.' Now, however, the presiding judge has ruled that Google is entitled to some attorneys' fees in the amount of $1.3 million (PDF).

    35 comments | 5 days ago

  • New NRC Rule Supports Indefinite Storage of Nuclear Waste

    mdsolar writes in with news about a NRC rule on how long nuclear waste can be stored on-site after a reactor has shut down. The five-member board that oversees the Nuclear Regulatory Commission on Tuesday voted to end a two-year moratorium on issuing new power plant licenses. The moratorium was in response to a June 2012 decision issued by the U.S. Court of Appeals for the District of Columbia that ordered the NRC to consider the possibility that the federal government may never take possession of the nearly 70,000 metric tons of spent nuclear fuel stored at power plant sites scattered around the country. In addition to lifting the moratorium, the five-member board also approved guidance replacing the Waste Confidence Rule. "The previous Waste Confidence Rule determined that spent fuel could be safely stored on site for at least 60 years after a plant permanently ceased operations," said Neil Sheehan, spokesman for the NRC. In the new standard, Continued Storage of Spent Nuclear Fuel Rule, NRC staff members reassessed three timeframes for the storage of spent fuel — 60 years, 100 years and indefinitely.

    173 comments | 5 days ago

  • Free Law Casebook Project Starts With IP Coursebook

    An anonymous reader writes Duke Law School's James Boyle and Jennifer Jenkins just published a CC licensed, freely downloadable textbook called "Intellectual Property Law and the Information Society." (Which includes a discussion of whether and when the term "intellectual property" is a dangerous misnomer). The book is apparently part of an attempt to lower what the authors describe as the "obscene cost" of legal textbooks. "This is the first in a series of free digital/low cost print legal educational materials to be published by Duke's Center for the Study of the Public Domain—starting with statutory supplements aimed at the basic classes. The goal of this project... is to improve the pricing and access norms of the world of legal textbook publishing, while offering the flexibility and possibility for customization that unfettered digital access provides. We hope it will provide a pleasant, restorative, competitive pressure on the commercial publishers to lower their prices and improve their digital access norms." The book's "problems range from a video of the Napster oral argument to counseling clients about search engines and trademarks, applying the First Amendment to digital rights management and copyright or commenting on the Supreme Court's new rulings on gene patents.. [The book] includes discussions of such issues as the Redskins trademark cancelations, the Google Books case and the America Invents Act."

    22 comments | about a week ago

  • California Passes Law Mandating Smartphone Kill Switch

    alphadogg (971356) writes "Smartphones sold in California will soon be required to have a kill switch that lets users remotely lock them and wipe them of data in the event they are lost or stolen. The demand is the result of a new law, put into effect on Monday, that applies to phones manufactured after July 1, 2015, and sold in the state. While its legal reach does not extend beyond the state's borders, the inefficiency of producing phones solely for California means the kill switch is expected to be adopted by phone makers on handsets sold across the U.S. and around the world."

    233 comments | about a week ago

  • 850 Billion NSA Surveillance Records Searchable By Domestic Law Enforcement

    onproton (3434437) writes The Intercept reported today on classified documents revealing that the NSA has built its own "Google-like" search engine to provide over 850 billion collected records directly to law enforcement agencies, including the FBI and the DEA. Reporter Ryan Gallagher explains, "The documents provide the first definitive evidence that the NSA has for years made massive amounts of surveillance data directly accessible to domestic law enforcement agencies." The search engine, called ICREACH, allows analysts to search an array of databases, some of which contain metadata collected on innocent American citizens, for the purposes of "foreign intelligence." However, questions have been raised over its potential for abuse in what is known as "parallel construction," a process in which agencies use surveillance resources in domestic investigations, and then later cover it up by creating a different evidence trail to use in court.

    207 comments | about a week ago

  • Ross Ulbricht Faces New Drug Charges

    Alleged Silk Road mastermind Ross Ulbricht now faces additional drug-related charges. Ars Technica gives a run-down on the run-down, and shows an array of driver's licenses that can't look good to a jury: According to a 17-page amended indictment filed late Thursday night, the government introduced one count of “narcotics trafficking,” of “distribution of narcotics by means of the Internet,” and of "conspiracy to traffic in fraudulent identification documents." Previously, Ulbricht was indicted in February 2014 on four formal criminal offenses: narcotics trafficking conspiracy, continuing criminal enterprise, computer hacking conspiracy, and money laundering conspiracy. Ulbricht pleaded not guilty to the previous charges, and he seems likely to plead not guilty to the new ones as well.

    102 comments | about a week ago

  • 33 Months In Prison For Recording a Movie In a Theater

    An anonymous reader writes: Philip Danks used a camcorder to record Fast & Furious 6 in a U.K. cinema. Later, he shared it via bittorrent and allegedly sold physical copies. Now, he's been sentenced to 33 months in prison for his actions. "In Court it was claimed that Danks' uploading of Fast 6 resulted in more than 700,000 downloads, costing Universal Pictures and the wider industry millions of pounds in losses." Danks was originally told police weren't going to take any action against him, but he unwisely continued to share the movie files after his initial detainment with authorities.

    463 comments | about two weeks ago

  • Interviews: Andrew "bunnie" Huang Answers Your Questions

    A while ago you had a chance to ask Andrew "bunnie" Huang about hardware, hacking and his open source hardware laptop Novena. Below you'll find his answers to those questions.

    32 comments | about two weeks ago

  • Calif. Court Rules Businesses Must Reimburse Cell Phone Bills

    New submitter dszd0g writes The Court of Appeal of the State of California has ruled in Cochran v. Schwan's Home Service that California businesses must reimburse employees who BYOD for work. "We hold that when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them. Whether the employees have cell phone plans with unlimited minutes or limited minutes, the reimbursement owed is a reasonable percentage of their cell phone bills." Forbes recommends businesses that require cell phone use for employees either provide cell phones to employees or establish forms for reimbursement, and that businesses that do not require cell phones establish a formal policy.

    161 comments | about two weeks ago

  • How Patent Trolls Destroy Innovation

    walterbyrd sends this story from Vox: Everyone agrees that there's been an explosion of patent litigation in recent years, and that lawsuits from non-practicing entities (NPEs) — known to critics as patent trolls — are a major factor. But there's a big debate about whether trolls are creating a drag on innovation — and if so, how big the problem is. A new study (PDF) by researchers at Harvard and the University of Texas provides some insight on this question. Drawing from data on litigation, R&D spending, and patent citations, the researchers find that firms that are forced to pay NPEs (either because they lost a lawsuit or settled out of court) dramatically reduce R&D spending: losing firms spent $211 million less on R&D, on average, than firms that won a lawsuit against a troll. "After losing to NPEs, firms significantly reduce R&D spending — both projects inside the firm and acquiring innovative R&D outside the firm," the authors write. "Our evidence suggests that it really is the NPE litigation event that causes this decrease in innovation."

    97 comments | about two weeks ago

  • $125,000 Settlement Given To Man Arrested for Photographing NYPD

    mpicpp sends word of a $125,000 settlement for a man who was arrested for photographing members of the New York Police Department. On June 14th, 2012, the man was sitting in his car when he saw three African-American youths being stopped and frisked by police officers. He began taking pictures of the encounter, and after the police were done, he advised the youths to get the officers' badge numbers next time. When the officers heard him, they pulled him violently from his car and arrested him under a charge of disorderly conduct. The police allegedly deleted the pictures from his phone (PDF). Rather than go to trial, the city's lawyers decided a settlement was the best course of action.

    231 comments | about two weeks ago

  • Adam Carolla Settles With Podcasting Patent Troll

    Personal Audio has been trying to assert patents they claim cover podcasting for some time now; in March Adam Carolla was sued and decided to fight back. Via the EFF comes news that he has settled with Personal Audio, and the outcome is likely beneficial to those still fighting the trolls. From the article: Although the settlement is confidential, we can guess the terms. This is because Personal Audio sent out a press release last month saying it was willing to walk away from its suit with Carolla. So we can assume that Carolla did not pay Personal Audio a penny. We can also assume that, in exchange, Carolla has given up the opportunity to challenge the patent and the chance to get his attorney’s fees. ... EFF’s own challenge to Personal Audio’s patent is on a separate track and will continue ... with a ruling likely by April 2015. ... We hope that Personal Audio’s public statements on this issue mean that it has truly abandoned threatening and suing podcasters. Though a press release might not be legally binding, the company will have a hard time justifying any further litigation (or threats of litigation) against podcasters. Any future targets can point to this statement. Carolla deserves recognition for getting this result.

    63 comments | about two weeks ago

  • Financial Services Group WCS Sues Online Forum Over Negative Post

    First time accepted submitter kavzee writes The popular Australian online discussion forum, Whirlpool, is being sued by a financial services group for refusing to remove a negative review about its services. A similar story occurred a number of years ago when another company by the name of 2Clix attempted to sue Whirlpool for the same reasons but later withdrew their case. "A financial services business licenced through National Australia Bank is suing an online forum for refusing to remove an allegedly fake and negative post about its services, claiming it has damaged its reputation with would-be clients. It is the latest legal action launched against an online forum or review website for publishing negative comments, following several high profile cases in Australia and overseas. Financial advice group WCS Group has initiated action against Whirlpool in the Supreme Court of Victoria, seeking unspecified damages and costs, despite the fact the forum generates no revenue."

    112 comments | about two weeks ago

  • Microsoft Considered Renaming Internet Explorer To Escape Its Reputation

    An anonymous reader writes "Microsoft's Internet Explorer engineering team told a Reddit gathering that discussions about a name change have taken place and could happen again. From the article: "Microsoft has had "passionate" discussions about renaming Internet Explorer to distance the browser from its tarnished image, according to answers from members of the developer team given in a reddit Ask Me Anything session today. In spite of significant investment in the browser—with the result that Internet Explorer 11 is really quite good—many still regard the browser with contempt, soured on it by the lengthy period of neglect that came after the release of the once-dominant version 6. Microsoft has been working to court developers and get them to give the browser a second look, but the company still faces an uphill challenge."

    426 comments | about two weeks ago

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