Items tagged with law

The filing of law suits over the iPhone never seems to stop.  In fact, the sheer volume and type of litigation over the iPhone may end up seeing the device unwelcome in France.  Quelle honte!This new class action law suit, filed by Timothy Smith in California, is quite similar to the one filed last week: customers want service and support covered under the warranty on unlocked phones plus monetary damages.“Smith's lawsuit also claims that an exemption to the federal Digital Millennium Copyright Act of 1998 granted last year allows for phone unlocking and so should invalidate Apple's move last month to disable phones modified to work with non-AT&T networks. Moreover, said the suit,... Read more...
The first RIAA court case against an accused "music downloader" begins today.  Jammie Thomas will become the first of 26,000 people who have been sued by the RIAA to have their case reach trial.  The rest of those sued have settled out of court.The Brainerd, Minn., resident is accused of illegally sharing 1,702 songs for free on a file-sharing network. Her trial offers the first chance for both sides in the debate over online music sharing to show a jury its version of the facts. Thomas is accused of violating the song owners' copyrights. Her lawyer says the record companies haven't even proved she shared the songs.Thomas was initially offered a $3,000 settlement.  Now she would... Read more...
This week the Canadian Internet Policy and Public Interest Clinic (CIPPIC) released a report which investigated DRM used in 16 different products and services. The conclusion was that many DRM technologies fail to comply with basic requirements of Canadian privacy law.The study, published by the University of Ottawa’s Canadian Internet Policy and Public Interest Clinic (CIPPIC), indicated that DRM is being used to collect, use and disclose consumers’ personal information for secondary purposes, without giving the user adequate notice or the opportunity to opt-out of collection. The report investigated DRM systems used in 16 different digital products and services including Apple’s... Read more...
U.S. Disctrict Court Judge Robin J. Cauthron has issued a permanent injunction against an Oklahoma state law that, if it had ever gone into effect, would have prevented the sale of violent video games to minors.The law was signed last June by Governor Brad Henry, but a temporary injunction was invoked almost immediately to study whether or not the law was constitutional.“We need to move past unconstitutional attempts to circumvent Oklahoma citizens’ rights. This bill was clearly unconstitutional and we now need to develop a public/private partnership that meets concerned parents’ needs,” said Michael D. Gallagher, president of the ESA, which represents U.S. computer and video game publishers.... Read more...
Many have expressed concern over the privacy aspects of Google's Street View.  Although Google is now allowing anyone to report identifiable faces, license plates, etc., which Google will then zap, Canadian privacy law may not be satisfied by the "zap process." Canadian law obliges businesses wishing to disclose personal information about individuals to first obtain their consent. Stoddart said pictures of people on Street View were clear enough to be considered personal information. "The images ... appear to have been collected largely without the consent and knowledge of the individuals who appear in the images," wrote Stoddart.... Read more...
This law had originally passed in 2005, but late last year was temporarily blocked.  The block became permanent in August of this year, when a judge ruled the law was unconstitutional. California Governor Arnold Schwarzenegger said Wednesday that he had appealed a court decision that struck down the controversial violent video game law in his state. The appeal was filed in federal court for the Northern District of California. The law would have prevented the sale or rental of "ultra-violent" video games to anyone under 18, and would have required clear labeling of such games. Schwarzenegger's appeal was filed with the U.S. District Court for the Northern District of... Read more...
Ho-hum, it’s been nearly two weeks since the last Apple iPhone battery lawsuit. How time flies when lawyers are preparing briefs.  Here we go with the third iPhone battery lawsuit. Interestingly, one of the attorneys representing the latest plaintiffs is Oakland-based lawyer H. Tim Hoffman, who also represents Sydney Leung, who filed the second lawsuit against Apple and AT&T nearly two weeks ago. On Wednesday, attorneys for plaintiffs Zoltan Stiener and Ynez Stiener filed a class action complaint against Apple and AT&T in federal court in Oakland, Calif.The lawsuit alleges breach of contract, fraud, and violations of California law. It charges the two companies with... Read more...
Apple and AT&T have been sued for a second time over the controversial battery replacement plan for the iPhone.  You may recall that last month Jose Trujillo of Melrose Park, Ill. sued the companies for $75,000 in damages over the battery.  Monday a second lawsuit was filed, this time in California, alleging that Apple and AT&T deliberately withheld information pertaining to battery replacement until after the device launched. "The issue is whether or not Apple properly disclosed the problems with battery life," Max Folkenflik, a managing partner at New York-based Folkenflik and McGerity, told ABCNEWS.com. Folkenflik is one law firm representing the California-based plaintiff... Read more...
Second Life is fairly unique amongst a crowd of Dwarf & Goblin infested online worlds, as it doesn’t focus on gold coins, levels or even experience points.  Residents of Second Life go about a wide array of tasks, almost all of which could be easily done in the real world.  There are still limits to what people can or should do, but scripting tools allow tech savvy users to expand those possibilities to include things like sexual acts.So what happens when real life software piracy intrudes on the world of Second Life?  Especially when it involves the piracy of above mods.We’re finding the answer to that now as 46-year-old Ken Alderman’s company, Eros LLC, is suffering a decline in sales.... Read more...
A recent article in The Inquirer indicated that ATI, as well as other vendors, had  "particularly badly" written drivers which could expose the Vista kernel to attack.  This afternoon ATI plans to release a new driver package with a critical security fix in response to this issue. "The market recently discovered a potential security vulnerability that could impact AMD's Catalyst software package. After immediate investigation, AMD determined that a small section of code from one of the files in our installer package is potentially vulnerable," Carvill said. AMD is advising ATI Radeon graphics users to update to Catalyst version 7.8 once it is available at its software and drivers... Read more...
No it's not a car. Husqvarna claims that its Automower is "the world's first fully automatic lawnmower." Of course, one of the things users must always do manually is set up the perimeter by laying down wires to define the Automower's boundaries. Being able to handle rain, inclines, and obstacles - it simply reverses when it bumps into stuff - the Automower is, without a doubt, both a smart and hassle-free minion. Complete with its own docking station, the Automower simply checks in to charge its batteries when it is low on fuel and can navigate all on its own. The Automower even incorporates a schedule feature, giving "users" the freedom from having to turn the Automower on and off.... Read more...
If you have an e-mail box you know what spam is by now.  With the recent arrest of Robert "Spam King" Soloway, there's been no lack of information and/or opinions on the web about spam in general.  Most of it, like this Wired story, covers why the legal system isn't really making a big dent.It's certainly a good read if you have the time, here's a tidbit to get you started: "I believe the answer will lie in following the money. Spammers send spam because it is profitable. When the messages are touting snake-oil cures or illegal pharmaceuticals, someone is banking the dollars from the people who click to buy. When the messages contain spyware that routes private information back to identity... Read more...
Microsoft is no longer the most visited website or the most valuable global brand. Google is: Google had 528 million unique visitors in March, up 5 percent from the previous month, according to comScore. Microsoft had 527 million visitors during the same month, up 3.7 percent. Popular in the United States, Google is even more of a powerhouse in many European countries. In a statement, Google said: "Our goal has always been to provide the best online experience for our users. We build products based on user needs and input, which is part of what makes Google unique and results in a great online experience."... Read more...
IBM has announced a new breakthrough in chip-stacking technology in a manufacturing environment that paves the way for three-dimensional chips... "The IBM breakthrough enables the move from horizontal 2-D chip layouts to 3-D chip stacking, which takes chips and memory devices that traditionally sit side by side on a silicon wafer and stacks them together on top of one another. The result is a compact sandwich of components that dramatically reduces the size of the overall chip package and boosts the speed at which data flows among the functions on the chip."The release states that IBM is already running chips using the new through-silicon via technology in house and that the company will... Read more...
Video game consoles are not just for kids anymore. 37 Percent of adults connected to the web own a video game console. That number is expected to increase, as the major manufacturers attempt to make the consoles as common as a television, even for people who are old enough to have done everything you can make a Sim do. "As game consoles have become increasingly sophisticated, families have incorporated them into their centralized home media centers, which include the television, digital recording device, digital music player and the PC," said Carolyn Creekmore, senior director of media analytics, Nielsen//NetRatings. Microsoft Corp. and Sony Corp. are positioning their Xbox 360 and PlayStation... Read more...
Hewlett-Packard researchers realized they could pack more transistors on a chip, without shrinking them, simply by moving their connections to a nano-wire grid on top of them and packing more of them in the space they saved. "For a long time, we in the industry have been obsessed with this idea that higher capacity [chips] and lower cost equals smaller transistors, and we've been investing the bulk of our efforts in this area," says Stanley Williams, senior fellow and director of quantum-science research at HP Labs. The new research, Williams says, "is the first proof that it's possible to dramatically improve integrated circuits without shrinking... Read more...
Multicore chips are a kind of cheating as far as Moore's Law goes. You're bringing a gang to the fight for faster processors. The battle to store the information those chips handle is where a lot of the action is now. Wired took a tour at Seagate's R and D labs, and they're talking about terabits per inch now: Their current solution to this problem is recording data perpendicular to the plane of the media. This technology, however, is expected to peak out at about 1 terabit per square inch. In the next decade, Seagate plans to hit the market with twin technologies that could fly far beyond, ultimately offering as much as 50 terabits per square inch. On a standard 3.5-inch drive,... Read more...
Nintendo's new console has been a blast for the lucky few folks who were able to get their hands on one of them, however the new technology isn't without a few teething problems. The strap that is supposed to secure the controller to your wrist has been having some problems, and of course, someone has decided to try and sue Nintendo over it. The suit claims that Nintendo's inability to provide a controller free of defects is against their own product warranty. "On December 6th, Green Welling LLP, of San Francisco, California along with Siebken & Siegele of Austin, Texas and Short, Cressman & Burgess of Seattle, Washington, filed... Read more...
Today the California Supreme Court has ruled that a San Diego woman can not be sued for a libelous e-mail posted on two web sites. The Court agreed with the Communications Decency Act of 1996, which provides immunity to those who publish information on the net that was gathered from other sources, and is seen by many as a victory for internet privacy. "The prospect of blanket immunity for those who intentionally redistribute defamatory statements on the Internet has disturbing implications," Associate Justice Carol A. Corrigan wrote in the majority opinion. "Nevertheless ... statutory immunity serves to protect online freedom of expression... Read more...
For all you computer engineers out there, this may come as a shock:  Moore's Law is dead according to the man himself.  All those years of "the number of transistors on a die will double every 18mo" beaten into your heads is all for naught.  Truth be told, the real reason for the death of Moore's Law has to do with the instability introduced in current transistor technology at higher frequencies.  To compensate, chips have gone horizontal.  Rather than increasing the frequency to produce better performance, manufacturers are increasing the transistor count via the number of cores on a die at a lower frequency. By doubling the number of transistors... Read more...
The RIAA has launched a fresh wave of 8000 lawsuits against alleged file-sharers world wide. This brings the total to more than 18,000 in the US and another 13,000 world wide.  In this most recent wave 17 countries were affected, including Brazil, Poland, and Mexico which had previously avoided lawsuits.  The music industry claims they loose billions of dollars annually to music piracy and is determined to set an example by filing civil and criminal suits to stomp it out. To date approximately 2300 people have settled these suits in amounts averaging $3,000. LONDON (Reuters) - The music industry has launched a fresh wave... Read more...
NVIDIA has yet to respond to the lawsuit filed by Scanner Technologies, in which they claim NVIDIA sold products based on a 3D BGA inspection system, used to ensure product reliability. Along with seeking undisclosed damages, Scanner Technologies is also going after preliminary and permanent injunctions, as well legal fees and court fees. "The complaint alleges that nVidia has sold and/or is presently selling throughout the United States infringing BGA devices that are covered by one or more claims of the Scanner Patents. The complaint also alleges that nVidia has induced others to infringe. These BGA devices are a component in graphics cards,... Read more...
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