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Piracy

Seven Film Studios Want 41 Web Sites Blocked By Australian ISPs (computerworld.com.au) 33

angry tapir writes: A group of film studios is undertaking what is set to be the most significant use so far of Australia's anti-piracy laws, which allow rights holders to apply for court orders that can compel ISPs to block their customers from accessing certain piracy-linked sites. A pair of rights holders last year successfully obtained court orders forcing Australia's most popular ISPs to block a handful of sites including The Pirate Bay. Now Village Roadshow wants to have 41 more sites blocked.
Village Roadshow joined six other studios in requesting an injunction Friday in federal court, reports Computerworld. And meanwhile, "a separate site-blocking application has been launched by Australian music labels, which are seeking to have Telstra, Optus, TPG and Foxtel's broadband arm block access to Kickass Torrents."
The Courts

Appeals Court: You Have the Right To Film the Police (arstechnica.com) 151

An anonymous reader quotes a report from Ars Technica: A divided federal appeals court is ruling for the First Amendment, saying the public has a right to film the police. But the 5th U.S. Circuit Court of Appeals, in upholding the bulk of a lower court's decision against an activist who was conducting what he called a "First Amendment audit" outside a Texas police station, noted that this right is not absolute and is not applicable everywhere. The facts of the dispute are simple. Phillip Turner was 25 in September 2015 when he decided to go outside the Fort Worth police department to test officers' knowledge of the right to film the police. While filming, he was arrested for failing to identify himself to the police. Officers handcuffed and briefly held Turner before releasing him without charges. Turner sued, alleging violations of his Fourth Amendment right against unlawful arrest and detention and his First Amendment right of speech. The 2-1 decision Thursday by Judge Jacques Wiener is among a slew of rulings on the topic, and it provides fresh legal backing for the so-called YouTube society where people are constantly using their mobile phones to film themselves and the police. A dissenting appellate judge on the case -- Edith Brown Clement -- wrote Turner was not unlawfully arrested and that the majority opinion from the Texas-based appeals court jumped the gun to declare a First Amendment right here because one "is not clearly established."
The Courts

ZeniMax Files Injunction To Stop Oculus From Selling VR Headsets (gamespot.com) 75

ZeniMax, the parent company of Fallout and Skyrim developer Bethesda, has filed for an injunction against virtual-reality company Oculus over the recent stolen technology case. The company had accused Oculus of stealing VR-related code, and was subsequently awarded $500 million by a Dallas court earlier this month. ZeniMax has now filed additional papers against Oculus, requesting that Oculus' products using the stolen code be removed from sale. GameSpot reports: Specifically, ZeniMax is seeking to block sales of its mobile and PC developer kits, as well as technology allowing the integration of Oculus Rift with development engines Unreal and Unity, reports Law360. If the injunction isn't granted, ZeniMax wants a share of "revenues derived from products incorporating its intellectual properties," suggesting a 20 percent cut for at least 10 years. ZeniMax argues the previous settlement of $500 million is "insufficient incentive for [Oculus] to cease infringing." Oculus, meanwhile, says that "ZeniMax's motion does not change the fact that the [original] verdict was legally flawed and factually unwarranted. We look forward to filing our own motion to set aside the jury's verdict and, if necessary, filing an appeal that will allow us to put this litigation behind us," the virtual reality company stated.
The Courts

Founder of India's $4 Smartphone Firm Arrested on Allegations of Fraud (reuters.com) 24

Remember the $4 smartphone from India? Yeah, things haven't really materialized. Reuters reports: The founder of an Indian tech firm that shot to prominence by offering a $4 smartphone has been arrested on allegations of fraud, after a handset dealer accused the company of not refunding him for an unfulfilled order, the police said. Mohit Goel, the founder of Ringing Bells, was arrested Thursday afternoon in Uttar Pradesh and will be produced in court later on Friday, said Rahul Srivastav, a police spokesman from the northern Indian state. Goel and his company made headlines last year with the "Freedom" smartphone, which was priced at 251 rupees ($3.77), attracting strong demand but also widespread scepticism and scrutiny from regulators even in price-conscious India, where cheap smartphones are big sellers. The founder was arrested after a dealer said he had paid 3 million Indian rupees for an order of handsets but had received only a fraction of the order. He further said some of the phones received were defective, according to the police.
Google

Alphabet's Waymo Sues Uber For Allegedly Stealing Self-Driving Secrets (bloomberg.com) 63

An anonymous reader quotes a report from Bloomberg: It took Alphabet Inc.'s Waymo seven years to design and build a laser-scanning system to guide its self-driving cars. Uber Technologies Inc. allegedly did it in nine months. Waymo claims in a lawsuit filed Thursday that was possible because a former employee stole the designs and technology and started a new company. Waymo accuses several employees of Otto, a self-driving startup Uber acquired in August for $680 million, of lifting technical information from Google's autonomous car project. The "calculated theft" of Alphabet's technology earned Otto's employees more than $500 million, according to the complaint in San Francisco federal court. The claims in Thursday's case include unfair competition, patent infringement and trade secret misappropriation. Waymo was inadvertently copied on an e-mail from one of its vendors, which had an attachment showing an Uber lidar circuit board that had a "striking resemblance" to Waymo's design, according to the complaint. Anthony Levandowski, a former manager at Waymo, in December 2015 downloaded more than 14,000 proprietary and confidential files, including the lidar circuit board designs, according to the complaint. He also allegedly created a domain name for his new company and confided in some of his Waymo colleagues of plans to "replicate" its technology for a competitor. Levandowski left Waymo in January 2016 and went on in May to form Otto LLC, which planned to develop hardware and software for autonomous vehicles.
Transportation

Self-Driving Cars Should Be Liable For Accidents, Not the Passengers: UK Government (arstechnica.co.uk) 244

"Electric charging points at all major motorway services and petrol stations, and the occupants of a self-driving car aren't liable in the case of an accident -- those are two of the measures proposed by a new law that the UK government hopes will let us reap the rewards of improved transport technology over the next few years," reports Ars Technica. "These changes are part of the Vehicle Technology and Aviation Bill (VTAB), a draft law that is basically a shopping list of governmental desires." From the report: The first item on the bill involves automated vehicles, and how to ensure that the vehicle's owner (which may or may not be a driver) and potential accident victims are protected. The bill says that insurance companies must offer two types of protection: for when a vehicle is acting autonomously, but also if the human driver decides to takes control. Essentially, the government wants to make sure that an accident victim can always claim compensation from the insurance company, even if the car was acting autonomously. It would then be up for the insurance company to try and reclaim that money from the car maker through existing common law and product liability arrangements. In a somewhat rare display of tech savviness, there are two exemptions listed in the bill. If the vehicle owner makes unauthorized changes to the car's software, or fails to install a software update as mandated by their insurance policy, then the insurer doesn't have to pay. It isn't clear at this point which capabilities will be enough to classify a vehicle as "self-driving." The draft law asks the department for transport (DfT) to work it out, post haste, and then to determine which vehicles qualify for the new type of insurance. The planned law also outlines new governmental powers to improve the UK's electric charging infrastructure.
Privacy

Judge Rules Against Forced Fingerprinting (thestack.com) 126

An anonymous reader quotes a report from The Stack: A federal judge in Chicago has ruled against a government request which would require forced fingerprinting of private citizens in order to open a secure, personal phone or tablet. In the ruling, the judge stated that while fingerprints in and of themselves are not protected, the government's method of obtaining the fingerprints would violate the Fourth and Fifth amendments. The government's request was given as part of a search warrant related to a child pornography ring. The court ruled that the government could seize devices, but that it could not compel people physically present at the time of seizure to provide their fingerprints "onto the Touch ID sensor of any Apple iPhone, iPad, or other Apple brand device in order to gain access to the contents of any such device." The report mentions that the ruling was based on three separate arguments. "The first was that the boilerplate language used in the request was dated, and did not, for example, address vulnerabilities associated with wireless services. Second, the court said that the context in which the fingerprints were intended to be gathered may violate the Fourth Amendment search and seizure rights of the building residents and their visitors, all of whom would have been compelled to provide their fingerprints to open their secure devices. Finally, the court noted that historically the Fifth Amendment, which protects against self-incrimination, does not allow a person to circumvent the fingerprinting process." You can read more about the ruling via Ars Technica.
The Courts

Amazon Argues That Alexa Is Protected By the First Amendment in a Murder Trial (qz.com) 112

Amazon is sticking to its guns in the fight to protect customer data. The ecommerce giant has filed a motion to quash the search warrant for recordings from an Amazon Echo in the trial of James Andrew Bates, accused of murdering friend Victor Collins in Bentonville, Arkansas in November 2015. And it's arguing that the responses of Alexa, the voice of the Echo, has First Amendment rights as part of that motion. From a report on Quartz: The company's lawyers claim that Alexa's recordings and responses are subject to free speech protections under the US constitution's bill of rights, and that prosecutors need to provide more evidence that this audio is essential to the case. "It is well established that the First Amendment protects not only an individual's right to speak, but also his or her 'right to receive information and ideas,'" Amazon lawyers wrote in a court filing. "At the heart of that First Amendment protection is the right to browse and purchase expressive materials anonymously, without fear of government discovery." Amazon also referenced a 2014 case involving Chinese search giant Baidu, where a court ruled that results returned by a search engine are protected by the First Amendment.
Piracy

Google Says Almost Every Recent 'Trusted' DMCA Notices Were Bogus (torrentfreak.com) 81

Reader AmiMoJo writes: In comments submitted to a U.S. Copyright Office consultation, Google has given the DMCA a vote of support, despite widespread abuse. Noting that the law allows for innovation and agreements with content creators, Google says that 99.95% of URLs it was asked to take down last month didn't even exist in its search indexes. "For example, in January 2017, the most prolific submitter submitted notices that Google honored for 16,457,433 URLs. But on further inspection, 16,450,129 (99.97%) of those URLs were not in our search index in the first place."
The Courts

Judge Blocks California Law Limiting Publication of Actor's Ages (politico.com) 123

mi writes: IMDb has a reason to rejoice. Politico reports: "A federal judge has barred the State of California from enforcing a new law limiting online publication of actors' ages. Acting in a case brought by online movie information website IMDb, U.S. District Court Judge Vince Chhabria ruled Wednesday that the California law likely violates the First Amendment and appears poorly tailored to proponents' stated goal of preventing age discrimination in Hollywood. The judge expressed deep skepticism that the law, which he said appeared to apply only to IMDb, would have any effect on discrimination. The judge rejected the state's arguments that the law was a regulation of commercial speech, finding that IMDb was acting as a publisher in posting the birthday and age information online." "It's not clear how preventing one mere website from publishing age information could meaningfully combat discrimination at all. And even if restricting publication on this one website could confer some marginal anti-discrimination benefit, there are likely more direct, more effective, and less speech-restrictive ways of achieving the same end," Chhabria wrote in a three-page order.
Censorship

'We Won't Block Pirate Bay,' Swedish Telecoms Giant Says (torrentfreak.com) 27

Last week, a Swedish Patent and Market Court of Appeal ordered The Pirate Bay and streaming portal Swefilmer to be blocked by internet service provider Bredbandsbolaget for the next three years. The order was not well supported by other internet service providers in Sweden, as it appears they don't like the idea of becoming copyright policemen. TorrentFreak reports: Last week ISP Bahnhof absolutely slammed the decision to block The Pirate Bay, describing the effort as signaling the "death throes" of the copyright industry. It even hinted that it may offer some kind of technical solution to customers who are prevented from accessing the site. For those familiar with Bahnhof's stance over the years, this response didn't come as a surprise. The ISP is traditionally pro-freedom and has gone out of its way to make life difficult for copyright enforcers of all kinds. However, as one of the leading telecoms companies in Sweden and neighboring Norway, ISP Telia is more moderate. Nevertheless, it too says it has no intention of blocking The Pirate Bay, unless it is forced to do so by law. "No, we will not block if we are not forced to do so by a court," a company press officer said this morning. Telia says that the decision last week from the Patent and Market Court affects only Bredbandsbolaget, indicating that a fresh legal process will be required to get it to respond. That eventuality appears to be understood by the rightsholders but they're keeping their options open.
Government

Wyden To Introduce Bill To Prohibit Warrantless Phone Searches At Border (onthewire.io) 193

Trailrunner7 quotes a report from On the Wire: A senator from Oregon who has a long track record of involvement on security and privacy issues says he plans to introduce a bill soon that would prevent border agents from forcing Americans returning to the country to unlock their phones without a warrant. Sen. Ron Wyden said in a letter to the secretary of the Department of Homeland Security that he is concerned about reports that Customs and Border Patrol agents are pressuring returning Americans into handing over their phone PINs or using their fingerprints to unlock their phones. DHS Secretary John Kelly has said that he's considering the idea of asking visitors for the login data for their various social media accounts, information that typically would require a warrant to obtain. "Circumventing the normal protection for such private information is simply unacceptable," Wyden said in the letter, sent Monday. "There are well-established procedures governing how law enforcement agencies may obtain data from social media companies and email providers. The process typically requires that the government obtain a search warrant or other court order, and then ask the service provider to turn over the user's data."
Businesses

Apple Files 14-Point Appeal Against European Commission's $14 Billion Tax Edict (appleinsider.com) 174

An anonymous reader shares an AppleInsider report: Apple has filed its appeal with the European court of appeals, all declaring that the European Commission's decision to levy $14 billion in taxes on Apple on behalf of the EU is erroneous, against the rule of law, and should be stricken. The 14 points of appeal introduced by Apple on Monday challenge the European Commission (EC) on several fronts. Primarily, Apple contests that the Cork, Ireland, headquarters of Apple's European wing was properly set up, in accordance with all regulations and laws. Additionally, other apparent accounting blunders by the EC while making its decision were brought up as well. Apple points out that the taxable income attributed to the Ireland branch was misapplied, giving more weight to the Irish operation than it should, and that back taxes were being applied to worldwide profits.
Piracy

Kim Dotcom Can Be Extradited, Rules A New Zealand Court (reuters.com) 188

Kim Dotcom -- and Megaupload's programmers Mathias Ortmann and Bram van der Kolk, as well as its advertising manager Finn Batato -- could soon be in a U.S. courtroom. A New Zealand judge just ruled they can all be extradited to the U.S. An anonymous reader quotes Reuters: The Auckland High Court upheld the decision by a lower court in 2015 on 13 counts, including allegations of conspiracy to commit racketeering, copyright infringement, money laundering and wire fraud, although it described that decision as "flawed" in several areas. Dotcom's lawyer Ron Mansfield said in a statement the decision was "extremely disappointing" and that Dotcom would appeal to New Zealand's Court of Appeal.

U.S. authorities say Dotcom and three co-accused Megaupload executives cost film studios and record companies more than $500 million and generated more than $175 million by encouraging paying users to store and share copyrighted material. High Court judge Murray Gilbert said that there was no crime for copyright in New Zealand law that would justify extradition but that the Megaupload-founder could be sent to the United States to face allegations of fraud.

"I'm no longer getting extradited for copyright," Dotcom commented on Twitter. "We won on that. I'm now getting extradited for a law that doesn't even apply.
The Courts

Techdirt Asks Judge To Dismiss Another Lawsuit By That Guy Who Didn't Invent Email (arstechnica.com) 82

Three months ago Shiva Ayyadurai won a $750,000 settlement from Gawker (after they'd already gone bankrupt). He'd argued Gawker defamed him by mocking Ayyadurai's claim he'd invented email, and now he's also suing Techdirt founder Michael Masnick -- who is not bankrupt, and is fighting back. Long-time Slashdot reader walterbyrd quotes Ars Technica: In his motion, Masnick claims that Ayyadurai "is seeking to use the muzzle of a defamation action to silence those who question his claim to historical fame." He continues, "The 14 articles and 84 allegedly defamatory statements catalogued in the complaint all say essentially the same thing: that Defendants believe that because the critical elements of electronic mail were developed long before Ayyadurai's 1978 computer program, his claim to be the 'inventor of e-mail' is false"...

The motion skims the history of e-mail and points out that the well-known fields of e-mail messages, like "to," "from," "cc," "subject," "message," and "bcc," were used in ARPANET e-mail messages for years before Ayyadurai made his "EMAIL" program. Ayyadurai focuses on statements calling him a "fake," a "liar," or a "fraud" putting forth "bogus" claims. Masnick counters that such phrases are "rhetorical hyperbole" meant to express opinions and reminds the court that "[t]he law provides no redress for harsh name-calling."

The motion calls the lawsuit "a misbegotten effort to stifle historical debate, silence criticism, and chill others from continuing to question Ayyadurai's grandiose claims." Ray Tomlinson has been dead for less than a year, but in this fascinating 1998 article recalled testing the early email protocols in 1971, remembering that "Most likely the first message was QWERTYIOP."
Cellphones

Should International Travelers Leave Their Phones At Home? (freecodecamp.com) 511

Long-time Slashdot reader Toe, The sums up what he learned from freeCodeCamp's Quincy Larson: "Before you travel internationally, wipe your phone or bring/rent/buy a clean one." Larson's article is titled "I'll never bring my phone on an international flight again. Neither should you." All the security in the world can't save you if someone has physical possession of your phone or laptop, and can intimidate you into giving up your password... Companies like Elcomsoft make 'forensic software' that can suck down all your photos, contacts -- even passwords for your email and social media accounts -- in a matter of minutes.... If we do nothing to resist, pretty soon everyone will have to unlock their phone and hand it over to a customs agent while they're getting their passport swiped... And with this single new procedure, all the hard work that Apple and Google have invested in encrypting the data on your phone -- and fighting for your privacy in court -- will be a completely moot point.
The article warns Americans that their constitutional protections don't apply because "the U.S. border isn't technically the U.S.," calling it "a sort of legal no-man's-land. You have very few rights there." Larson points out this also affects Canadians, but argues that "You can't hand over a device that you don't have."
The Courts

SAP License Fees Also Due For Indirect Users, Court Rules (networkworld.com) 123

SAP's licensing fees "apply even to related applications that only offer users indirect visibility of SAP data," according to a Thursday ruling by a U.K. judge. Slashdot reader ahbond quotes Network World: The consequences could be far-reaching for businesses that have integrated their customer-facing systems with an SAP database, potentially leaving them liable for license fees for every customer that accesses their online store. "If any SAP systems are being indirectly triggered, even if incidentally, and from anywhere in the world, then there are uncategorized and unpriced costs stacking up in the background," warned Robin Fry, a director at software licensing consultancy Cerno Professional Services, who has been following the case...

What's in dispute was whether the SAP PI license fee alone is sufficient to allow Diageo's sales staff and customers to access the SAP data store via the Salesforce apps, or whether, as SAP claims, those staff and customers had to be named as users and a corresponding license fee paid. On Thursday, the judge sided with SAP on that question.

The Courts

Your Personal Facebook Live Videos Can Legally End Up on TV (thememo.com) 144

Kitty Knowles, reporting for the Memo: Think you control what happens to your personal videos? Think again. One father who live-streamed his partner's labour on Facebook last May, has found out the hard way: he saw the birth of his son replayed on Good Morning America and numerous other media outlets. This week, he lost a high-profile court battle against the broadcasters. If you don't want this to happen to you, don't make the same mistakes. It's one thing wanting to share a life-changing moment with friends and family. But most would understand why Kali Kanongataa didn't want his child's birth aired for all to see. That hasn't however, stopped a US judge throwing out Kanongataa's copyright infringement case against the likes of the ABC, Yahoo, and Rodale, the company that publishes Women's Health. Apparently, the father-to-be realised his film was streaming publicly on social media about 30 minutes into recording, but decided to leave it that way. Media outlets broadcasting the clips have defended doing so on the terms of "fair use." Legally, "fair use" means that when pictures or videos are the focus of a major news story, selected footage can be used.Heads up, Facebook will soon release a video app for set-top boxes by Apple and Amazon to broadcast Live videos on the big screen.
Blackberry

BlackBerry Sued By Over 300 Former Employees (mobilesyrup.com) 73

An anonymous reader shares a report: BlackBerry is facing a class-action lawsuit from more than 300 former employees across Canada, according to a news release from law firm Nelligan O'Brien Payne LLP. The Waterloo, Ontario-based tech company is accused of denying employees their termination entitlements by transferring them to a partner company and, once they had accepted employment there, handed them resignation letters. The former employees were then allegedly given their final date of work. "BlackBerry's actions amount to a termination of the employees' employment," the law firm said. "This entitles these employees to statutory, common law, and/or contractual entitlements on termination."
Businesses

Samsung Chief Lee Arrested In Corruption Investigation (reuters.com) 24

According to Reuters, Samsung chief Jay Y. Lee was arrested on Friday over his alleged role in a corruption scandal that led parliament to impeach South Korean President Park Geun-hye. From the report: The 48-year-old Lee, vice chairman of Samsung Electronics Co Ltd (005930.KS), was taken into custody at the Seoul Detention Centre, where he had awaited the court's decision following a day-long, closed-door hearing that ended on Thursday evening. The judge's decision was announced at about 5:30 a.m. (2030 GMT) on Friday, more than 10 hours after Lee, the sprawling conglomerate's third-generation leader, had left the court. The same court rejected a request from prosecutors last month to arrest Lee. On Tuesday, the special prosecutor's office had requested a warrant to arrest him and another executive, Samsung Electronics president Park Sang-jin, on bribery and other charges. The prosecution said it had secured additional evidence and brought more charges against Lee in the latest warrant request. While Lee's detention is not expected to hamper day-to-day operation of Samsung Group companies, which are run by professional managers, experts have said it could affect strategic decision-making by South Korea's biggest conglomerate. Prosecutors have focused their investigations on Samsung's relationship with Park, 65, who was impeached by parliament in December and has been stripped of her powers while the Constitutional Court decides whether to uphold her impeachment. They accused Samsung of paying bribes totaling 43 billion won ($37.74 million) to organizations linked to Choi to secure the government's backing for a merger of two Samsung units. That funding includes Samsung's sponsorship of the equestrian career of Choi's daughter, who is in detention in Denmark, having been on a South Korean wanted list.

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