Slashdot

theodp writes "In May, the USPTO rejected Amazon.com's patent claims (PDF) for its Method and System for Placing a Purchase Order Via a Communications Network (a 1-Click spin-off). At the time, a USPTO Examiner cited Bilski, explaining that elements of CEO Jeff Bezos' gift-delivery invention 'may be performed largely within the human mind,' coming to essentially the same conclusion a NY Post reporter arrived at in 2002. But Amazon's attorneys have worked their legal wordsmithing magic (PDF), convincing the USPTO that 'obtaining delivery information for a gift from one or more information sources other than the gift giver and recipient' is indeed novel and patentable. A Notice of Allowance for the patent was mailed to Amazon on November 17th, just in time for Holiday Season injunction-giving!"

CWmike writes "iPhone owners charging Apple and AT&T with breaking antitrust laws asked a federal judge this week to force Apple to hand over the iPhone source code, court documents show. The lawsuit, which was filed in October 2007, accuses Apple and AT&T of violating antitrust laws, including the Sherman Act, by agreeing to a multi-year deal that locks US iPhone owners into using the mobile carrier. On Wednesday, the plaintiffs asked US District Court Judge James Ware to compel Apple to produce the source code for the iPhone 1.1.1 software, an update that Apple issued in September 2007. The update crippled iPhones that had been unlocked, or 'jailbroken,' so that they could be used with mobile providers other than AT&T. The iPhone 1.1.1 'bricked' those first-generation iPhones that had been hacked, rendering them useless and wiping all personal data from the device. The plaintiffs say that the source code is necessary to determine whether all iPhones were given the same 1.1.1 update, and whether it was designed to brick all or just some hacked iPhones."

eldavojohn writes "Were you negatively affected by the recent ban on Xbox Live for modifying hardware you own? Did you modify yours for homebrew or altering things you paid for and not to engage in piracy? Abington IP would like to hear from you and may be able to help. From that page: 'If you are an Xbox Live subscriber, had your modified Xbox console banned from Xbox Live, were not refunded a prorated sum for the time left on your subscription, or have experienced other problems as a result of being banned, and would like to participate in a class action against Microsoft, please submit your information below.' Someone is finally standing up for the legitimate hobbyists. Should Microsoft worry?"

Hugh Pickens writes "The Christian Science Monitor reports that a federal judge has ruled that the Army Corps of Engineers — and thus the US government — is liable for a big chunk of the damage caused when hurricane Katrina pushed ashore on August 29, 2005 by failing to stop the natural widening of the Mississippi River Gulf Outlet canal (aka Mr. Go) causing it to eventually bump up against the shore of Lake Borgne, on the city's east side. 'It is the court's opinion that the negligence of the corps, in this instance by failing to maintain the MR-GO properly, was not policy, but insouciance, myopia, and shortsightedness,' wrote US District Court Judge Stanwood Duval. Judge Duval said he believed it was the failure to shore up the outlet that 'doomed the channel to grow to two to three times its design width' allowing waves on Lake Borgne to enter the Mr. Go and travel into the east side of the city, battering the levees to a degree to which they were not designed. 'One of the greatest catastrophes in the history of the US' was both predictable and preventable, testified veteran Louisiana geologist Sherwood Gagliano, a former Corps consultant."

FutureDomain writes "A federal judge in Atlanta has declined a restraining order from AT&T that would have prevented Verizon from running ads that compared their 3G coverage to AT&T's. AT&T felt that Verizon's ads 'mislead consumers into thinking that AT&T doesn't offer wireless service in large portions of the country, which is clearly not the case.' Verizon argued that the ads clearly indicated that the maps were only of 3G coverage, and that AT&T is only suing because it doesn't want to face the truth about its network."

angry tapir writes "A Beijing court has ruled that Microsoft violated a Chinese company's intellectual property rights in a case over fonts used in past Windows operating systems. The Beijing Number One Intermediate People's Court ordered Microsoft to stop selling versions of Windows that use the Chinese fonts, including Windows XP. Microsoft plans to appeal the case. Microsoft originally licensed Zhongyi's intellectual property more than a decade ago for use in the Chinese version of Windows 95, according to Zhongyi. Zhongyi argues that agreement applied only to Windows 95, but that Microsoft continued to use the intellectual property in eight versions of Windows from Windows 98 to Windows XP. Vista and Windows 7 are not involved."

The Installer writes with this snippet from the AP, as carried by Seattle's KOMO News: "The founder of a Tibetan literary Web site was sentenced to 15 years in prison on charges of disclosing state secrets, an overseas monitoring group said Tuesday. Kunchok Tsephel, 39, was convicted and sentenced Nov. 12 after a closed-door trial at the Intermediate People's Court of Gannan prefecture in southwestern Gansu province, according to reports from Tibet received by Tibetan exiles, said the International Campaign for Tibet, a Washington D.C.-based advocacy group. Some of the charges are believed to be related to content posted on his influential Web site, Chodme, or Butter-Lamp, which promotes Tibetan culture, and also for passing on information about last year's anti-government protests."

think_nix writes "The Pirate Bay has shut down their BitTorrent tracker. Instead TPB is now using Distributed Hash Table to distribute the torrents. The Pirate Bay Blog states that DHT along with PEX (Peer Exchange) Technology is just as effective if not better for finding peers than a centralized service. The Local reports that shutting down the tracker and implementing DHT & PEX could be due to the latest court rulings in Sweden against 2 of TPB's owners, and may decide the outcome of the case."

We've been following the case of Mac cloner Psystar for some time now. Apple was just handed a summary judgement over Psystar, and as usual Groklaw has the scoop. Here is the order (PDF), though PJ supplies it in text form at the link above. "Psystar just got what's coming to them in the California case. ... It's a total massacre. Psystar's first-sale defense went down in flames. Apple's motion for summary judgment on copyright infringement and DMCA violation is granted. Apple prevailed also on its motion to seal. Psystar's motion for summary judgment on trademark infringement and trade dress is denied. So is its illusory motion for copyright misuse. ... So that means damages ahead for Psystar on the copyright issues just decided on summary judgment, at a minimum. The court asked for briefs on that subject. In short, Psystar is toast." Reader UnknowingFool adds, "There are still issues to be decided but they are only Apple's allegations: breach of contract, induced breach of contract, trademark infringement, trademark dilution; trade dress infringement, state unfair competition, and common law unfair competition. Even if Psystar wins all of them, it is unlikely to help them very much."

At 14 minutes to midnight last night, Google, the Authors Guild, and the Association of American Publishers filed a revised settlement agreement with a US district court in New York. Here is the blog post of Dan Clancy, Google Books engineering director. Google has provided an outline of the differences from the original settlement (PDF) and a FAQ (PDF); the full revised settlement (PDF) is also available. In brief, the changes include limiting the settlement to books published in the US, UK, Canada, and Australia; a court-appointed fiduciary to represent the rights of orphaned works' (undiscovered) rightsholders; and further opening up Google's library to competitors in ways that don't favor Google. The new plan was immediately criticized as a "sleight of hand" by the Open Book Alliance, a consortium of Google's opponents including Microsoft and Amazon. The Internet Archive said, "None of the proposed changes appear to address the fundamental flaws illuminated by the Department of Justice and other critics that impact public interest."

ndogg writes "Earlier this year, there was much ado about a Ron Paul staffer, Steve Bierfeldt, being detained by the TSA for carrying large sums of money. The ACLU sued on his behalf, and the TSA changed its rules, now stating that its officers can only screen for unsafe materials. With that, the ACLU dropped its suit. '[Ben Wizner, a staff lawyer for the ACLU, said] screeners get a narrow exception to the Fourth Amendment, which prohibits unreasonable searches, strictly to keep weapons and explosives off planes, not to help police enforce other laws.'"

Jason Levine writes "Wolfgang Werlé and Manfred Lauber killed a German actor in 1990. Now that they are out of prison, German law states that they can't be referred to by name in relation to the killings. Therefore, they have sued to get Wikipedia to remove their names from the Wikipedia article about the killings. The German edition of Wikipedia has already complied, but the English edition is citing US freedom of speech and a lack of presence in Germany as reasons why they don't need to remove the name. In a bit of irony, their lawyer e-mailed the NY Times: 'In the spirit of this discussion, I trust that you will not mention my clients' names in your article.'"

An anonymous reader writes "Turns out that those BlueHippo commercials advertising financing for computers and other electronics for anybody, regardless of credit, were way more sleazy than you thought. The FTC is bringing this fraud down, but not too soon. 'According to the FTC, the company's brazen business model continued without interruption after the 2008 settlement. "In fact, in the year following entry of this Court's Stipulated Final Judgment and Order for a Permanent Injunction, BlueHippo financed — at most — a single computer to the over 35,000 consumers who placed orders for computers that could be financed during the period,' the FTC told a court (PDF) yesterday. In the meantime, the company took in a cool $15 million in payments from consumers, who don't appear to have received anything in return.'"

typosquatting writes to mention that the largest domain dispute case since the Uniform Domain-Name Dispute Resolution Policy (UDRP) was enacted ten years ago has been decided. The decision saw 1,017 cyber-squatting domains turned over to ConsumerInfo.com, owner of FreeCreditReport.com. The full decision can be read via the National Arbitration Forum website. "It would seem that this decision sets or reinforces a fairly strong precedent that trademark holders may be entitled to, not only to the domain name that exactly matches their trademark, but also to a wide swath of other domain names including nearly every possible misspelling or other variation of that trademark, potentially even if the trademark is comprised of generic words."

ZipK writes "With their former boss cooling his heels on a 150-year sentence, programmers Jerome O'Hara and George Perez are now in the US Attorney's crosshairs. They've been arrested and charged with criminal conspiracy, and 'accused of producing false documents and trading records at Bernard L. Madoff Investment Securities LLC in New York.' Apparently Madoff's fraud was too large and too complex to be foisted entirely by hand."

nam37 writes with this BoingBoing snippet "The MPAA has successfully shut down an entire town's municipal WiFi because a single user was found to be downloading a copyrighted movie. Rather than being embarrassed by this gross example of collective punishment (a practice outlawed in the Geneva conventions) against Coshocton, OH, the MPAA's spokeslizard took the opportunity to cry poor (even though the studios are bringing in record box-office and aftermarket receipts)."

LegalReader writes "An Illinois judge has decided that an anonymous commenter on a newspaper website will be unmasked, even though the mother of a teen about whom 'Hipcheck16' allegedly made 'deeply disturbing' comments hasn't yet decided whether to sue over the posting."

Trailrunner7 writes "US and international prosecutors have indicted a criminal ring that they allege was responsible for an ATM scam last November that stole about $9 million from RBS WorldPay. The criminals cracked payroll debit cards and withdrew money from ATMs in hundreds of cities around the world. A federal grand jury in Atlanta has indicted eight men in connection with the scheme, including five Estonians, one Russian, one Moldovan, and one unidentified man. Prosecutors allege that the men 'used sophisticated hacking techniques' to defeat the company's encryption system. The scam involved an elaborate plan in which the attackers first bypassed the encryption on the debit cards, which RBS WorldPay issues to customers for employee payroll purposes. They then raised the limits on the accounts attached to the cards, then provided a network of 'cashers' with 44 counterfeit payroll debit cards, which were used to withdraw more than $9 million from more than 2,100 ATMs in at least 280 cities worldwide, including cities in the United States, Russia, Ukraine, Estonia, Italy, Japan and Canada. The $9 million loss occurred within a span of less than 12 hours; 130 different ATMs in 49 cities were hit within one 30-minute period."

bridgeco writes "Chicago Traffic Court Judges have been throwing out speeding cases in which the driver's speed was measured with a LIDAR. Judges are asking for a special 'Frye Hearing' to determine the accuracy of these devices. Many motorists nabbed for speeding by a laser gun, instead of radar, are seeing their tickets thrown out at Chicago's traffic court because of a legal issue that the city's law department has been unable to overcome. Within the past year judges in Cook County Traffic Court in Chicago determined that speeds captured by lidar were not admissible because the devices had not been proven scientifically reliable in an Illinois court, said Jennifer Hoyle, spokeswoman for the law department, which prosecutes most speeding tickets in the city." (Here's some background on LIDAR from Wikipedia.)

eldavojohn writes "In July, the Software Freedom Law Center (SFLC) leveled the finger at Microsoft for a GPL violation but how often does this actually happen? Sunday, Brad M. Kuhn (tech director at the SFLC) stated in his blog that since August of 2009 he has been finding about one per day. So why is it that we have only covered a handful of these cases in the news? Brad offers sage wisdom; surprisingly, he recommends, 'Don't go public first. Back around late 1999, when I found my first GPL violation from scratch, I wanted to post it to every mailing list I could find and shame that company that failed to respect and cooperate with the software freedom community. I'm glad that I didn't do that, because I've since seen similar actions destroy the lines of communication with violators, and make resolution tougher.' Public shame is evidently not always the best answer. Ars has a few more details and notes that (in accordance with Brad's advice) lawsuits are usually a dead last resort."