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The Courts

Grumpy Cat Wants $600K From 'Pirating' Coffee Maker (torrentfreak.com) 143

Eloking quotes a report from TorrentFreak: Grumpy Cat is not pleased, yet. Her owners have asked a California federal court to issue a $600,000 judgment against a coffee maker which allegedly exploited their copyrights (PDF). In addition, they want damages for trademark and contract breach, and a ban on the company in question from selling any associated Grumpy Cat merchandise. There are dozens of celebrity cats on the internet, but Grumpy Cat probably tops them all. The cat's owners have made millions thanks to their pet's unique facial expression, which turned her into an overnight internet star. Part of this revenue comes from successful merchandise lines, including the Grumpy Cat "Grumppuccino" iced coffee beverage, sold by the California company Grenade Beverage. The company licensed the copyright and trademarks to sell the iced coffee, but is otherwise not affiliated with the cat and its owners. Initially this partnership went well, but after the coffee maker started to sell other "Grumpy Cat" products, things turned bad. TorrentFreak adds: "The cat's owners, incorporated as Grumpy Cat LLC, took the matter to court last year with demands for the coffee maker to stop infringing associated copyrights and trademarks. After Grenade Beverage failed to properly respond to the allegations, Grumpy Cat's owners moved for a default, which a court clerk entered in early June. A few days ago they went ahead and submitted a motion for default judgement."
Piracy

Judge Allows Kim Dotcom To Livestream Court Hearing (mashable.com) 59

Kim Dotcom has been granted the right to livestream his extradition appeal on YouTube. The appeal hearing began Monday, but will be livestreamed tomorrow because "the cameraman needs to set this up professionally and implement the judge's live streaming rules." tweets Kim Dotcom. Mashable reports: "The United States, which wants Dotcom extradited from New Zealand, is against the request. Dotcom says a livestream is the only way to ensure a fair hearing. The U.S. is seeking the extradition of Dotcom and other Megaupload co-founders in hopes of taking them to court in America on charges of money-laundering, racketeering and copyright infringement. The charges stem from the operation of file-sharing website Megaupload, founded by Dotcom in 2005 and once the 13th most popular website on the internet. Users could upload movies, music and other content to the site and share with others, a practice the U.S. considers copyright infringement. The website reportedly made around $175 million before the FBI took it down in 2012. The U.S. says Megaupload cost copyright holders around $500 million, though Dotcom says it's not his fault users chose to upload the shared copyrighted material. Dotcom was arrested in 2012 after police raided his home, but was released on bail. A judge ruled in favor of his extradition to the U.S. in 2015, though Dotcom said at the time the judge was not interested in a fair hearing." Dotcom plans to revive Megaupload on January 20, 2017, urging people to "buy bitcoin while cheap," since he claims the launch will send the bitcoin price soaring way above its current $575 value. Every file transfer taking place over Megaupload "will be linked to a tiny Bitcoin micro transaction," Dotcom posted on Twitter.
AT&T

US Appeals Court Dismisses AT&T Data Throttling Lawsuit (reuters.com) 26

An anonymous reader quotes a report from Reuters: A federal appeals court in California on Monday dismissed a U.S. government lawsuit that accused ATT Inc of deception for reducing internet speeds for customers with unlimited mobile data plans once their use exceeded certain levels. The company, however, could still face a fine from the Federal Communications Commission regarding the slowdowns, also called "data throttling." The U.S. Court of Appeals for the Ninth Circuit said it ordered a lower court to dismiss the data-throttling lawsuit, which was filed in 2014 by the Federal Trade Commission. The FTC sued ATT on the grounds that the No. 2 U.S. wireless carrier failed to inform consumers it would slow the speeds of heavy data users on unlimited plans. In some cases, data speeds were slowed by nearly 90 percent, the lawsuit said. The FTC said the practice was deceptive and, as a result, barred under the Federal Trade Commission Act. ATT argued that there was an exception for common carriers, and the appeals court agreed.
Transportation

65-Year-Old Woman Shoots Down Drone Over Her Virginia Property With One Shot (arstechnica.com) 564

An anonymous reader writes from a report via Ars Technica: Jennifer Youngman, a 65-year-old woman living in rural northern Virginia shot down a drone flying over her property with a single shotgun blast. Ars Technica reports: "Youngman told Ars that she had just returned from church one Sunday morning and was cleaning her two shotguns -- .410 and a .20 gauge -- on her porch. She had a clear view of the Blue Ridge Mountains and neighbor Robert Duvall's property (yes, the same Robert Duvall from The Godfather). Youngman had seen two men set up a card table on what she described as a 'turnaround place' on a country road adjacent to her house. 'I go on minding my business, working on my .410 shotgun and the next thing I know I hear bzzzzz,' she said. 'This thing is going down through the field, and they're buzzing like you would scaring the cows.' Youngman explained that she grew up hunting and fishing in Virginia, and she was well-practiced at skeet and deer shooting. 'This drone disappeared over the trees and I was cleaning away, there must have been a five- or six-minute lapse, and I heard the bzzzzz,' she said, noting that she specifically used 7.5 birdshot. 'I loaded my shotgun and took the safety off, and this thing came flying over my trees. I don't know if they lost command or if they didn't have good command, but the wind had picked up. It came over my airspace, 25 or 30 feet above my trees, and hovered for a second. I blasted it to smithereens.'" Ars goes on to explain that aerial trespassing isn't currently recognized under American law. "The Supreme Court ruled in a case known as United States v. Causby that a farmer in North Carolina could assert property rights up to 83 feet in the air. There is a case still pending on whether or not Kentucky drone pilot, David Boggs, was trespassing when he flew his drone over somebody else's property. "Broggs asked the court to rule that there was no trespassing and that he is therefor entitled to damages of $1,500 for the destroyed drone."
Bitcoin

Kim Dotcom Will Revive Megaupload, Linking File Transfers To Bitcoin Microtransactions (fortune.com) 70

Long-time Slashdot reader SonicSpike quotes an article from Fortune: The controversial entrepreneur Kim Dotcom said last month that he was preparing to relaunch Megaupload, the file-sharing site that U.S. and New Zealand authorities dramatically shut down in 2012, with bitcoins being involved in some way... This system will be called Bitcache, and Dotcom claimed its launch would send the bitcoin price soaring way above its current $575 value.

The launch of Megaupload 2.0 will take place on January 20, 2017, he said, urging people to "buy bitcoin while cheap, like right now, trust me..." Crucially, Dotcom said the Bitcache system would overcome bitcoin's scaling problems. "It eliminates all blockchain limitations," he claimed.

Every file transfer taking place over Megaupload "will be linked to a tiny Bitcoin micro transaction," Dotcom posted on Twitter. His extradition trial begins Monday, and he's asking the court to allow live-streaming of the trial "because of global interest in my case." Meanwhile, the FBI apparently let the registration lapse on the Megaupload domain, which they seized in 2012, and Ars Technica reports that the site is now full of porn ads.
Open Source

Linus Loves GPL, But Hates GPL Lawsuits (cio.com) 236

Long-time Slashdot reader sfcrazy writes: During LinuxCon, Torvalds was full of praise for GNU GPL: "The GPL ensures that nobody is ever going to take advantage of your code. It will remain free and nobody can take that away from you. I think that's a big deal for community management... FSF [Free Software Foundation] and I don't have a loving relationship, but I love GPL v2. I really think the license has been one of the defining factors in the success of Linux because it enforced that you have to give back, which meant that the fragmentation has never been something that has been viable from a technical standpoint."

And he thinks the BSD license is bad for everyone: "Over the years, I've become convinced that the BSD license is great for code you don't care about," Torvalds said.

But Linus also addressed the issue of enforcing the GPL on the Linux foundation mailing list when someone proposed a discussion of it at Linuxcon. "I think the whole GPL enforcement issue is absolutely something that should be discussed, but it should be discussed with the working title 'Lawyers: poisonous to openness, poisonous to community, poisonous to projects'... quite apart from the risk of loss in a court, the real risk is something that happens whether you win or lose, and in fact whether you go to court or just threaten: the loss of community, and in particular exactly the kind of community that can (and does) help. You lose your friends."
DRM

BitTorrent Cases Filed By Malibu Media Will Proceed, Rules Judge 68

Long-time Slashdot reader NewYorkCountryLawyer writes: In the federal court for the Eastern District of New York, where all Malibu Media cases have been stayed for the past year, the Court has lifted the stay and denied the motion to quash in the lead case, thus permitting all 84 cases to move forward.

In his 28-page decision (PDF), Magistrate Judge Steven I. Locke accepted the representations of Malibu's expert, one Michael Patzer from a company called Excipio, that in detecting BitTorrent infringement he relies on "direct detection" rather than "indirect detection", and that it is "not possible" for there to be misidentification.
Games

Second Confirmed Death In Japan Involving Pokemon Go (japantimes.co.jp) 153

An anonymous reader writes: The Japan Times reports another death. This time a 20 year old woman has died after being hit by a car while riding her bicycle. The man driving the car claimed he was distracted changing the battery because it was nearly flat from playing Pokemon Go. Police have already charged him with negligence resulting in injury. The penalty for causing death is a maximum 7 years jail. The Japanese National Police agency said there have been 79 bicycle and car accidents linked to the game. Another death was reported yesterday
Crime

US Unveils Charges Against KickassTorrents, Names Two More Defendants (arstechnica.com) 110

A total of three men are said to be operators of file-sharing site KickassTorrents (KAT), according to U.S. prosecutors. Last month, federal authorities arrested the 30-year-old Ukrainian mastermind of KAT, Artem Vaulin, and formally charged him with one count of conspiracy to commit criminal copyright infringement, one count of conspiracy to commit money laundering, and two counts of criminal copyright infringement. Two other Ukrainians were named in the new indictment (PDF): Levgen (Eugene) Kutsenko and Oleksander (Alex) Radostin. While only Vaulin has been arrested, bench warrants have been issue for the arrest of all three men. Ars Technica reports: "Prosecutors say the three men developed and maintained the site together and used it to 'generate millions of dollars from the unlawful distribution of copyright-protected media, including movies, [...] television shows, music, video games, computer software, and electronic books.' They gave out 'Reputation' and 'User Achievement' awards to users who uploaded the most popular files, including a special award for users who had uploaded more than 1,000 torrents. The indictment presents a selection of the evidence that the government intends to use to convict the men, and it isn't just simple downloads of the copyrighted movies. The government combed through Vaulin's e-mails and traced the bitcoins that were given to him via a 'donation' button."
The Almighty Buck

'Legalist' Startup Automates The Lawsuit Strategy Peter Thiel Used To Bankrupt Gawker (gizmodo.com) 242

An anonymous reader writes from a report via Gizmodo: "Two Harvard undergraduates have created a service called Legalist that uses what they call 'data-backed litigation financing,' analyzing civil lawsuits with an algorithm to predict case outcomes and determine which civil lawsuits are worth investing in," reports Gizmodo. The process is very similar to what billionaire Peter Thiel did when he secretly funded a lawsuit from Hulk Hogan against Gawker Media. "Legalist says it uses an algorithm of 58 different variables including, as [Legalist cofounder] Eva Shang told the Silicon Valley Business Journal, who the presiding judge is and the number of cases the judge is currently working on. The algorithm has been fed cases dating back to 1989 and helps people figure out how long a case will last and the risks associated with it. In a presentation at Y Combinator's Demo Day on Tuesday [Legalist was developed as part of Y Combinator's Summer 2016 class], the founders claimed that the startup funded one lawsuit for $75,000 and expects a return of more than $1 million. Shang says the $1.40 is earned for every $1 spent in litigation financing, which can prove to be a profitable enterprise when you're spending hundreds of thousands of dollars." Shang told Business Insider in reference to the Gawker lawsuit, "That's the kind of thing we're staying away from here." The company will supposedly be focusing on commercial and small-business lawsuits, and will not be backing lawsuits by individuals.
HP

HP Hit With Age-Discrimination Suit Claiming Old Workers Purged (mercurynews.com) 193

Hewlett-Packard started laying off workers in 2012, before it separated into HP Inc. and HP Enterprise last year. The company has continued to cut thousands of jobs since. As a result of the "restructuring," an age discrimination lawsuit has been filed by four former employees of HP alleging they were ousted amid a purge of older workers. The Mercury News reports: "The goal 'was to make the company younger,' said the complain filed Aug. 18 in U.S. District Court in San Jose. 'In order to get younger, HP intentionally discriminated against its older employees by targeting them for termination [...] and then systematically replacing them with younger employees. HP has hired a disproportionately large number of new employees under the age of 40 to replace employees aged 40 and older who were terminated.' Arun Vatturi, a 15-year Palo Alto employee at HP who was a director in process improvement until he was laid off in January at age 52, and Sidney Staton, in sales at HP in Palo Alto for 16 months until his layoff in April 2015 at age 54, have joined in the lawsuit with a former employee from Washington, removed at age 62, and one from Texas, out at age 63. The group is seeking class-action status for the court action and claims HP broke state and federal laws against age discrimination." The lawsuit also alleges that written guidelines issued by HP's human resources department mandated that 75 percent of all hires outside of the company be fresh from school or "early career" applicants.
Piracy

Cloudflare Faces Lawsuit For Assisting Pirate Sites (torrentfreak.com) 82

An anonymous reader shares a TorrentFreak report: In recent months CloudFlare has been called out repeatedly for offering its services to known pirate sites, including The Pirate Bay. These allegations have now resulted in the first lawsuit after adult entertainment publisher ALS Scan filed a complaint against CloudFlare at a California federal court. [...] Copyright holders are not happy with CloudFlare's actions. Just recently, the Hollywood-affiliated group Digital Citizens Alliance called the company out for helping pirate sites to stay online. Adult entertainment outfit ALS Scan agrees and has now become the first dissenter to take CloudFlare to court. In a complaint filed at a California federal court, ALS describes piracy as the greatest threat to its business. The rise of online piracy has significantly hurt the company's profits, they argue, noting that "pirate" sites are not the only problem. "The problems faced by ALS are not limited to the growing presence of sites featuring infringing content, or 'pirate' sites. A growing number of service providers are helping pirate sites thrive by supporting and engaging in commerce with these sites," ALS writes.
PlayStation (Games)

Sony Tries To Remove News Articles About PlayStation 4 Slim Leak From The Internet (techdirt.com) 85

Sony is expected to announce two new PlayStation 4 consoles at a scheduled event on September 7th in New York City, but as that date nears more leaks of the consoles have emerged. The most recent leak appears to show the upcoming PlayStation 4 Slim, which Sony is trying to remove from the internet by taking down news articles from social media accounts about the leak. Erik Kain via @erikkain on Twitter tweeted (Tweet no longer exists): "Sony issued a takedown and had this post removed from my Facebook page: https://t.co/fIjP0buTdY (Warning: may be paywalled)." Techdirt reports: "[The Forbes post] references the work Eurogamer did in visiting the leaker of the image to confirm the console is for real (it is), as well as generating its own image and even video of the console working for its story on the leak. But if you go today to the Eurogamer post about the leak, the video has been replaced by the following update. UPDATE, 7.30pm: Upon taking legal advice, we have removed the video previously referenced in this article. Left unsaid is whether or not any contact had been made by Sony with Eurogamer, thus prompting this 'legal advice,' but one can imagine that being the case, particularly given Sony's threats to social media users sharing images and reporting of Sony leaks and, more to the point, threats against any media that might report on those leaks."
Patents

US Trade Judge Clears Fitbit of Stealing Jawbone's Trade Secrets (reuters.com) 13

An anonymous reader quotes a report from Reuters: Fitbit did not steal rival Jawbone's trade secrets, a U.S. International Trade Commission judge ruled on Tuesday, dashing Jawbone's hopes of securing an import ban against Fitbit's wearable fitness tracking devices. The judge, Dee Lord, said that there had been no violation of the Tariff Act, which gives the commission the power to block products that infringe U.S. intellectual property, because "no party has been shown to have misappropriated any trade secret." The ruling means Jawbone comes away with nothing from a complaint it filed with the trade agency in July 2015, accusing Fitbit of infringing six patents and poaching employees who took with them confidential data about Jawbone's business, such as plans, supply chains and technical details. Jawbone first sued Fitbit last year over trade secret violations in California state court, where the case is still pending. The companies, both based in San Francisco, are also litigating over patents in federal court.
Crime

FBI Authorized Informants To Break The Law 22,800 Times In 4 Years (dailydot.com) 106

blottsie quotes a report from the Daily Dot: Over a four-year period, the FBI authorized informants to break the law more than 22,800 times, according to newly reviewed documents. Official records obtained by the Daily Dot under the Freedom of Information Act show the Federal Bureau of Investigation gave informants permission at least 5,649 times in 2013 to engage in activity that would otherwise be considered a crime. In 2014, authorization was given 5,577 times, the records show. USA Today previously revealed confidential informants engaged in "otherwise illegal activity," as the bureau calls it, 5,658 times in 2011. The figure was at 5,939 the year before, according to documents acquired by the Huffington Post. In total, records obtained by reporters confirm the FBI authorized at least 22,823 crimes between 2011 and 2014. Unfortunately, many of those crimes can have serious and unintended consequences. One of the examples mentioned in the Daily Dot's report was of an FBI informant who "was responsible for facilitating the 2011 breach of Stratfor in one of the most high-profile cyberattacks of the last decade. While a handful of informants ultimately brought down the principal hacker responsible, the sting also caused Stratfor, an American intelligence firm, millions of dollars in damages and left and estimated 700,000 credit card holders vulnerable to fraud."
Piracy

Cox Denies Liability for Pirating Subscribers, Appeals $25 Million Verdict (torrentfreak.com) 97

Cox Communications insists that it is not responsible for copyright infringements carried out by its subscribers, challenging the ruling by a Virginia federal jury late last year. The court had found Cox Communications guilty and had asked it to pay music publisher BMG Rights Management a sum of $25 in damages. TorrentFreak reports: The verdict was a massive victory for the music company and a disaster for Cox, but the case is not closed yet. After a failed motion for judgment as a matter of law earlier this month, the ISP has now informed the court that it will take the case to the U.S. Court of Appeals for the Fourth Circuit. Cox denies any wrongdoing and hopes to get a judgment in its favor at the appeals court. Considering the gravity of the case, Cox's move is not surprising. The liability verdict has come as a shock to the Internet provider industry, as it suggests that providers have to actively disconnect repeat infringers. At the moment, many ISPs don't have a solid policy in place where repeat copyright infringers lose their subscription. In fact, the law doesn't prescribe when and based on what evidence an ISP has to terminate an account.
Piracy

India Threatens 3-Year Jail Sentences For Viewing Blocked Torrents (intoday.in) 96

"It is official now. The punishment for rape is actually less..." writes an anonymous Slashdot reader, who adds that "Some users think that this is all the fault of Bollywood/Hollywood movie studios. They are abusing power, court and money..." India Today reports: The Indian government, with the help of internet service providers, and presumably under directives of court, has banned thousands of websites and URLs in the last five odd years. But until now if you somehow visited these "blocked URLs" all was fine. However, now if you try to visit such URLs and view the information, you may get a three-year jail sentence as well as invite a fine...

This is just for viewing a torrent file, or downloading a file from a host that may have been banned in India, or even for viewing an image on a file host like Imagebam. You don't have to download a torrent file, and then the actual videos or other files, which might have copyright. Just accessing information under a blocked URL will land you in jail and leave your bank account poorer.

While it's not clear how this will be enforced, visiting a blocked URL in India now leads to a warning that "Viewing, downloading, exhibiting or duplicating an illicit copy of the contents under this URL is punishable as an offence under the laws of India, including but not limited to under Sections 63, 63-A, 65 and 65-A of the Copyright Act, 1957 which prescribe imprisonment for 3 years and also fine of up to Rs. 3,00,000..."
AI

Chicago's Experiment In Predictive Policing Isn't Working (theverge.com) 191

The U.S. will phase out private prisons, a move made possible by fewer and shorter sentences for drug offenses, reports the BBC. But when it comes to reducing arrests for violent crimes, police officers in Chicago found themselves resorting ineffectively to a $2 million algorithm which ultimately had them visiting people before any crime had been committed. schwit1 quotes Ars Technica: Struggling to reduce its high murder rate, the city of Chicago has become an incubator for experimental policing techniques. Community policing, stop and frisk, "interruption" tactics --- the city has tried many strategies. Perhaps most controversial and promising has been the city's futuristic "heat list" -- an algorithm-generated list identifying people most likely to be involved in a shooting.

The hope was that the list would allow police to provide social services to people in danger, while also preventing likely shooters from picking up a gun. But a new report from the RAND Corporation shows nothing of the sort has happened. Instead, it indicates that the list is, at best, not even as effective as a most wanted list. At worst, it unnecessarily targets people for police attention, creating a new form of profiling.

The police argue they've updated the algorithm and improved their techniques for using it. But the article notes that the researchers began following the "heat list" when it launched in 2013, and "found that the program has saved no lives at all."
The Courts

Tesla Owner in Autopilot Crash Won't Sue, But Car Insurer May (bloomberg.com) 93

Dana Hull, reporting for Bloomberg: A Texas man said the Autopilot mode on his Tesla Model S sent him off the road and into a guardrail, bloodying his nose and shaking his confidence in the technology. He doesn't plan to sue the electric-car maker, but his insurance company might. Mark Molthan, the driver, readily admits that he was not paying full attention. Trusting that Autopilot could handle the route as it had done before, he reached into the glove box to get a cloth and was cleaning the dashboard seconds before the collision, he said. The car failed to navigate a bend on Highway 175 in rural Kaufman, Texas, and struck a cable guardrail multiple times, according to the police report of the Aug. 7 crash. "I used Autopilot all the time on that stretch of the highway," Molthan, 44, said in a phone interview. "But now I feel like this is extremely dangerous. It gives you a false sense of security. I'm not ready to be a test pilot. It missed the curve and drove straight into the guardrail. The car didn't stop -- it actually continued to accelerate after the first impact into the guardrail." Cozen O'Connor, the law firm that represents Molthan's auto-insurance carrier, a unit of Chubb Ltd., said it sent Tesla Motors Inc. a notice letter requesting joint inspection of the vehicle, which has been deemed a total loss.
Media

Gawker.com To End Operations Next Week (gawker.com) 134

After nearly 14 years of operations, Gawker.com will be shutting down next week, the company's outgoing CEO Nick Denton told the staff Thursday. The decision comes days after Univision said it would buy Gawker Media properties -- Gizmodo, Jezebel, Kotaku etc (but not Gawker.com) -- for a sum of $135 million. The publication is currently in the middle of multiple lawsuits, with billionaire Peter Thiel revealing his clandestine legal campaign against the company. In a blog post, Gawker made the announcement. From the story:Nick Denton, the company's outgoing CEO, informed current staffers of the site's fate on Thursday afternoon, just hours before a bankruptcy court in Manhattan will decide whether to approve Univision's bid for Gawker Media's other assets. Staffers will soon be assigned to other editorial roles, either at one of the other six sites or elsewhere within Univision. Near-term plans for Gawker.com's coverage, as well as the site's archives, have not yet been finalized.

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