Slashdot

USS_Natas writes "Capitol Records and other labels have sued Vimeo in federal court, charging that the site's emphasis on 'original works' only extends to videos, and that songs are widely used on Vimeo without a license. The plaintiffs hope to prove that Vimeo staffers know about the infringement, since they've been doing it themselves." NewTeeVee has a PDF of the court filing in a Scribd frame.

Despite several sources reporting that post-indefinite-injunction Psystar was closing their doors for good, the company's lawyer is claiming Psystar plans on going forward with PC sales — they just won't be pre-loaded with Apple's OS X. Psystar plans on selling systems pre-loaded with "other operating systems," including Windows, as well as selling their "Rebel EFI software" that allows consumers to load OS X on generic PCs.

adeelarshad82 writes "A Paris court on Friday found Google guilty of violating copyright by digitizing books and putting extracts online, following a legal challenge by major French publishers. The court found against Google after the La Martiniere group, which controls the highbrow Editions du Seuil publishing house, argued that publishers and authors were losing out in the latest stage of the digital revolution."

Frequent Slashdot contributor Bennett Haselton writes "Google finds itself inserting a disclaimer once again above some offensive search results. But the disclaimer still leads many to believe (incorrectly) that Google doesn't tamper with search results even in cases of 'harmful' or 'offensive' material. We know that Google has in fact de-listed some pages at the request of offended parties. What is their real policy on the issue?" Read on for Bennet's essay.

corbettw writes "Ted Alvin Klaudt, a former South Dakota lawmaker convicted of raping his two foster daughters, has sent news organizations what he claims is a copyright notice that seeks to prevent the use of his name without his consent." The story says Klaudt maintains "no one can use his name without his consent, and anyone who does would owe him $500,000."

Vigile writes "And here Intel was about to get out of 2009 with only a modestly embarrassing year. While Intel and AMD settled their own antitrust and patent lawsuits in November, the FTC didn't think that was good enough and has decided to sue Intel for anti-competitive practices. While the suits in Europe and in the US civil courts have hurt Intel's pocketbook and its reputation, the FTC lawsuit could very likely be the most damaging towards the company's ability to practice business as they see fit. The official hearing is set for September of 2010 but we will likely hear news filtering out about the evidence and charges well before that. One interesting charge that has already arisen: that Intel systematically changed its widely-used compiler to stunt the performance of competing processors."

eldavojohn writes "Not to be out patent trolled by Eolas, a mystery company named 'BetaNet, LLC' is suing: Adobe Systems, Inc, Apple, Inc., Arial Software, LLC, Autodesk, Inc.,, CARBONITE, INC., Corel Corp., Eastman Kodak Co., International Business Machines Corp., Intuit, Inc., Microsoft Corp., McAfee, Inc., Oracle Corp., Rockwell Automation, Inc., Rosetta Stone, Inc., SAP America, Inc., Siemens Corp. and Sony Creative Software, Inc. for infringement of their patent entitled Secure system for activating personal computer software at remote locations. And of course, this was filed in our favoritest of favorite places: Marshall, TX (Texas Eastern District Court)."

AdmiralXyz writes "It appears to be the end of the road for infamous Mac clone-maker Psystar, as a federal judge has issued a permanent injunction against the company, banning it from selling its OS X-based hardware products, following November's ruling that Psystar was guilty of copyright infringement under the Digital Millennium Copyright Act. Specifically, Judge William Alsup's ruling prevents Psystar from 'copying, selling, offering to sell, distributing or creating derivative works of Mac OS X without authorization from Apple; circumventing any technological measure that effectively controls access Mac OS X; or doing anything to circumvent the rights held by Apple under the Copyright Act with respect to Mac OS X.' The ruling does not include Psystar's Rebel EFI software, which (in theory) allows users to boot OS X onto some Intel computers, but Alsup said that too would be unlikely to stand up in court if Apple decides to make a formal challenge."

ctmurray writes "Computer technicians have found 22 million missing White House e-mails from the administration of President George W. Bush, and the Obama administration is searching for dozens more days' worth of potentially lost e-mail from the Bush years, according to two groups that had filed a lawsuit — which has now been dropped — over the failure by the Bush White House to install an electronic record-keeping system. Earlier we discussed the Obama White House's opposition to the lawsuit that led to this discovery." The related links reflect our discussions about the missing emails over two years.

Bruce Perens writes "I'm the creator of the Busybox program. I have released a statement on the past and current Busybox lawsuits, which do not represent my interest."

schleprock63 writes "The Ohio state supreme court has decided that a cell phone found on a suspect cannot be searched without a warrant. The majority based this decision on a federal case that deemed a cell phone not to be a 'closed container,' and therefore not searchable without a warrant. The argument of the majority contended that a cell phone does not contain physical objects and therefore is not a container. One dissenting judge argued that a cell phone is a container that simply contains data. He argued that the other judges were 'needlessly theorizing' about the contents of a cell phone. He compared the data contained within an address book that would be searchable." The article notes that this was apparently the first time the question has come up before any state supreme court.

snydeq writes "Opening arguments were heard today in the trial against IT admin Terry Childs, who was arrested 18 months ago for refusing to hand over passwords to the San Francisco city network. InfoWorld's Paul Venezia, who has been following the case from the start, speculates that the 18-month wait is due to the fact that 'the DA has done no homework on the technical issues in play here and is instead more than willing to use the Frankenstein offense: It's different, so it must be killed.' On the other hand, the city — which has held Childs on $5 million bail despite having already dropped three of the four charges against him — may have finally figured out 'just how ridiculous the whole scenario is but is too far down the line to pull back the reins and is continuing with the prosecution just to save face,' Venezia writes. The trial is expected to last until mid-March. San Francisco Mayor Gavin Newsom, to whom Childs eventually gave the city's network passwords, will be included in the roster of those who will testify in the case — one that could put all admins in danger should Childs be found guilty of tampering."

TaggartAleslayer writes with this excerpt from the NYTimes: "The Supreme Court agreed on Monday to decide whether a police department violated the constitutional privacy rights of an employee when it inspected personal text messages sent and received on a government pager. The case opens 'a new frontier in Fourth Amendment jurisprudence,' according to a three-judge panel of an appeals court that ruled in favor of the employee, a police sergeant on the Ontario, Calif., SWAT team. ... Members of the department's SWAT team were given pagers and told they were responsible for charges in excess of 25,000 characters a month. Under an informal policy adopted by a police lieutenant, those who paid the excess charges themselves would not have their messages inspected. The lieutenant eventually changed his mind and ordered transcripts of messages sent and received by Sgt. Jeff Quon. In one month in 2002, only 57 of more than 456 of those messages were related to official business. According to the trial judge, many of the messages 'were, to say the least, sexually explicit in nature.'"

bhagwad writes "The Delhi High Court has found Microsoft guilty of using money and influence to make it expensive to defend against piracy cases. According to the judge, 'When the constitution of India provides equality before law, this equality has to be all pervasive and cannot be allowed to be diluted because of money power or lobbying power.' Furthermore, the judge said that Microsoft had to deposit a certain amount of money beforehand, and, if they lost the case, the money would go to the defendants for their legal and travel expenses. For icing on the cake, the court also appointed a commissioner to probe the matter further and ordered Microsoft to pay the costs. In an age where muscled corporations harass the ordinary person through expensive litigation, it's highly pleasurable to see them rapped for it by a judge."

carre4 writes "Blue Destiny Records has sued both Google and Microsoft for allegedly 'facilitating and enabling' distribution of copyrighted songs illegally. The suit alleges that RapidShare runs 'a distribution center for unlawful copies of copyrighted works.' RapidShare is helped by Google and Microsoft, which benefit from the ad relationships, according to the suit. Blue Destiny has attempted to link to pages with RapidShare links to their music via DMCA takedown notices, and Google has, apparently, not complied, while Microsoft's Bing site has removed the links. RapidShare, for its part, is based outside of the US and does not accept DMCA notices."

eldavojohn writes "Six companies have pleaded guilty to worldwide price fixing of Thin-Film Transistor Liquid Crystal Displays from Sept. 14, 2001, to Dec. 1, 2006. For violating the Sherman Act, the companies have agreed to pay criminal fines of over $860 Million. In addition, nine executives have been charged in the scandal. The pricing scam affected some of the largest companies at the time, including Apple, HP and Dell. (If you bought a TFT-LCD from them in that time frame, you may be one of the victimized consumers.) From the DOJ release, 'According to the charge, Chi Mei carried out the conspiracy by agreeing during meetings, conversations and communications to charge prices of TFT-LCD panels at certain pre-determined levels and issuing price quotations in accordance with the agreements reached. As a part of the conspiracy, Chi Mei exchanged information on sales of TFT-LCD panels for the purpose of monitoring and enforcing adherence to the agreed-upon prices.'"

Hugh Pickens writes "The NY Times reports that Florida's Judicial Ethics Advisory Committee has found in a recent opinion that judges and lawyers can no longer be Facebook friends. The committee says that when judges 'friend' lawyers who may appear before them, it creates the appearance of a conflict of interest, since it 'reasonably conveys to others the impression that these lawyer "friends" are in a special position to influence the judge.' Stephen Gillers, a legal ethics expert at New York University, says the Florida rule goes too far. 'In my view, they are being hypersensitive because in the case of a truly close friendship between a judge and a lawyer involved in a case, the other side can simply seek to disqualify the judge. Judges do not "drop out of society when they become judges," Gillers says. "The people who were their friends before they went on the bench remained their friends, and many of them were lawyers." Still, legal sycophants can take heart: lawyers can declare themselves Facebook "fans" of judges, the committee says, "as long as the judge or committee controlling the site cannot accept or reject the lawyer's listing of himself or herself on the site."'"

itwbennett writes "Not normally 'one to enjoy a casual read of a lawsuit,' blogger Peter Smith admits to finding the suit Michael Arrington is filing against Fusion Garage over the JooJoo (nee CrunchPad) fascinating. 'Skip to page 4, starting with item 11,' says Smith. 'At this point I don't know what to think, Every time I get close to pretty much accepting Arrington's story at face value, he pulls something that makes me stop and reexamine his arguments.' For example, says Smith, in one bullet point in Arrington's latest salvo, he calls out the press, saying 'it is irresponsible for press to link to the pre-sale site.' 'This attempt to directly sway the press away from Fusion Garage really spikes my suspicion meter' says Smith. 'After all, Arrington is the press. If I started writing screeds advising him on what he should or should not say about a product, what would he think?'"

NewYorkCountryLawyer writes "In SONY BMG Music Entertainment v. Tenenbaum, the Boston RIAA case in which the defendant, represented by Charles Nesson of Harvard Law School, admitted liability at his trial, the Court has entered judgment in favor of the RIAA for the monetary award of $625,000 fixed by the jury. However, the Court left open the questions of whether the amount is excessive, and whether attorneys fees and/or sanctions should be awarded, and has scheduled further briefing of those issues. The Court granted the RIAA much, but not all, of the injunctive relief it requested. In an unusual step, the Court issued a 38-page decision (PDF) explaining in some detail the Court's views of the Fair Use defense in the context of cases like this, and indicating that there are some factual scenarios — not applicable in this particular case — in which it might have concluded that the claims were barred by Fair Use. E.g. it declined to rule out the possibility that creation of mp3 files exclusively for space-shifting purposes from audio CDs a defendant had previously purchased might constitute fair use."

coondoggie notes that the Federal Trade Commission said it was going after three outfits that allegedly made robocalls to sell worthless credit-card interest-rate reduction programs for large up-front fees (as much as $1,495). And reader Cwix tips us that today Google filed a lawsuit against Pacific WebWorks and other unnamed defendants for allegedly using the company's name and logo to promote fraudulent work-at-home money-making schemes. "Kate Lister, author of Undress for Success — The Naked Truth about Making Money at Home, estimates that more than 95% of Google hits on the words 'work at home' are scams, link to scams, or other dead ends."