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XBox (Games)

Modded Xbox Bans Prompt EFF Warning About Terms of Service 254

Posted by Soulskill from the by-reading-this-you-bequeath-me-all-your-possessions dept.
Last month we discussed news that Microsoft had banned hundreds of thousands of Xbox users for using modified consoles. The Electronic Frontier Foundation has now pointed to this round of bans as a prime example of the power given to providers of online services through 'Terms of Service' and other usage agreements. "No matter how much we rely on them to get on with our everyday lives, access to online services — like email, social networking sites, and (wait for it) online gaming — can never be guaranteed. ... he who writes the TOS makes the rules, and when it comes to enforcing them, the service provider often behaves as though it is also the judge, jury and executioner. ... While the mass ban provides a useful illustration of their danger, these terms can be found in nearly all TOS agreements for all kinds of services. There have been virtually no legal challenges to these kinds of arbitrary termination clauses, but we imagine this will be a growth area for lawyers."
Patents

Patent Issued For Podcasting 150

Posted by kdawson from the next-a-patent-on-the-eardrum dept.
pickens writes "The EFF is reaching out for help after a company called Volomedia got the Patent Office to grant them exclusive rights to 'a method for providing episodic media' that could threaten the community of podcasters and millions of podcast listeners. 'It's a ridiculously broad patent, covering something that many folks have been doing for many years,' writes Rebecca Jeschke. 'Worse, it could create a whole new layer of ongoing costs for podcasters and their listeners.' To bust this patent, EFF is looking for additional 'prior art' — evidence that the podcasting methods described in the patent were already in use (PDF) before November 19, 2003. 'In particular, we're looking for written descriptions of methods that allow a user to download pre-programmed episodic media like audio files or video files from a remote publisher, with the download occurring after the user subscribes to the episodes, and with the user continuing to automatically receive new episodes.'"
Censorship

EFF Launches "Takedown Hall of Shame" 163

Posted by kdawson from the more-chilling dept.
netbuzz writes "Recognizing that public shame is a potent weapon, the Electronic Frontier Foundation today launched a new Web site — its Takedown Hall of Shame — that will shine an unflattering spotlight on those corporations and individuals who abuse copyright claims to stifle free speech. Among the early inductees are NPR, NBC, CBS, and Diebold."
Privacy

Kaspersky CEO Wants End To Online Anonymity 537

Posted by Soulskill from the but-my-computer-is-already-broadcasting-an-ip-address dept.
Andorin writes "Eugene Kaspersky, CEO of well-known computer security company Kaspersky Labs, is calling for an end to the anonymity of the Internet, and for the creation of mandatory 'Internet passports' for anyone who wishes to browse the Web. Says Kaspersky, 'Everyone should and must have an identification, or internet passport ... the internet was designed not for public use, but for American scientists and the US military. Then it was introduced to the public, and it was wrong ... to introduce it in the same way.' He calls anonymity 'the Internet's biggest security vulnerability' and thinks any country that doesn't follow this regime should be 'cut off.' The EFF objects, and it's likely that they won't be the only ones."
Math

12M Digit Prime Number Sets Record, Nets $100,000 232

Posted by CmdrTaco from the that's-a-lotta-bits dept.
coondoggie writes "A 12-million-digit prime number, the largest such number ever discovered, has landed a voluntary math research group a $100,000 prize from the Electronic Frontier Foundation (EFF). The number, known as a Mersenne prime, is the 45th known Mersenne prime, written shorthand as 2 to the power of 43,112,609, minus 1 . A Mersenne number is a positive integer that is one less than a power of two, the group stated. The computing project called the Great Internet Mersenne Prime Search (GIMPS) made the discovery on a computer at the University of California, Los Angeles (UCLA) Mathematics Department."
Encryption

EFF Warns TI Not To Harass Calculator Hobbyists 405

Posted by kdawson from the right-to-tinker dept.
Ponca City, We love you writes "The EFF has warned Texas Instruments not to pursue legal threats against calculator hobbyists who perform modifications to the company's programmable graphing calculators. TI's calculators perform a 'signature check' that allows only approved operating systems to be loaded, but researchers have reverse-engineered signing keys, allowing tinkerers to install custom operating systems and unlock new functionality in the calculators' hardware. In response, TI has unleashed a torrent of demand letters claiming that the anti-circumvention provisions of the Digital Millennium Copyright Act require the hobbyists to take down commentary about and links to the keys. 'This is not about copyright infringement. This is about running your own software on your own device — a calculator you legally bought,' says EFF Civil Liberties Director Jennifer Granick. 'Yet TI still issued empty legal threats in an attempt to shut down discussion of this legitimate tinkering. Hobbyists are taking their own tools and making them better, in the best tradition of American innovation.'"
Privacy

French President Violates His Own Copyright Law, Again 356

Posted by kdawson from the trois-grèves dept.
I Don't Believe in Imaginary Property writes "French President Nicolas Sarkozy has been caught violating someone's copyright again. This time, presidential services made 400 unauthorized copies of a DVD when only 50 had been made by the publisher. Mr. Sarkozy, of course, is the one pushing the HADOPI law, which would disconnect the Internet service of an alleged pirate after three allegations of infringement. This isn't the first time he's been connected to copyright violations, either. His party had to pay some €30K for using a song without authorization. If he were he subject to his own law, Mr. Sarkozy would be subject to having his Net disconnected the next time he pirates something."
Privacy

Corporations Now Have a Right To "Personal Privacy" 371

Posted by kdawson from the wait-till-ai's-become-legal-persons dept.
I Don't Believe in Imaginary Property writes "Thanks to a recent ruling (PDF) by the US Court of Appeals for the Third Circuit, corporations now have a right to 'personal privacy,' due to the application of a carelessly worded definition in the Freedom of Information Act. FOIA exempts disclosure of certain records, but only if it 'could reasonably be expected to constitute an unwarranted invasion of personal privacy.' But in its definitions, FOIA makes the mistake of broadly defining 'person' to include legal entities, like corporations. The FCC didn't think that 'personal privacy' could apply to a corporation, so they ignored AT&T's claim that releasing data from an investigation into how AT&T was overcharging certain customers would violate the corporation's privacy. The Third Circuit thought that the FCC's actions were contrary to what the law actually says. So now the FCC has to jump through more hoops to show that releasing data on their investigation into AT&T's overcharging is 'warranted' within the meaning of 5 USC 552(b)(7)(c) before it can release anything."
Privacy

Massachusetts Police Can't Place GPS On Autos Without Warrant 194

Posted by Soulskill from the good-news-suspects dept.
pickens writes "The EFF reports that the Supreme Court of Massachusetts has held in Commonwealth v. Connolly that police may not place GPS tracking devices on cars without first getting a warrant, reasoning that the installation of the GPS device was a seizure of the suspect's vehicle. Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime. According to the decision, 'when an electronic surveillance device is installed in a motor vehicle, be it a beeper, radio transmitter, or GPS device, the government's control and use of the defendant's vehicle to track its movements interferes with the defendant's interest in the vehicle notwithstanding that he maintains possession of it.' Although the case only protects drivers in Massachusetts, another recent state court case, People v. Weaver in the State of New York, also held that because modern GPS devices are far more powerful than beepers, police must get a warrant to use the trackers, even on cars and people traveling the public roads."
Encryption

60 Years of Cryptography, 1949-2009 104

Posted by kdawson from the established-before-you-were-born dept.
Dan Jones writes "2009 marks 60 years since the advent of modern cryptography. It was back in October 1949 when mathematician Claude Shannon published a paper on Communication Theory of Secrecy Systems. According to his employer at the time, Bell Labs, the work transformed cryptography from an art to a science and is generally considered the foundation of modern cryptography. Since then significant developments in secure communications have continued, particularly with the advent of the Internet and Web. CIO has a pictorial representation of the past six decades of research and development in encryption technology. Highlights include the design of the first quantum cryptography protocol by Charles Bennett and Gilles Brassard in 1984, and the EFF's 'Deep Crack' DES code breaker of 1998."
Television

BBC Wants DRM On HD Broadcasts 267

Posted by Soulskill from the dtv-drm-bbq dept.
NickFortune writes "The EFF's Danny O'Brien has pointed out that the BBC has asked a UK regulator for permission to add DRM to their high-definition broadcasts. Apparently, this is at the behest of content providers. 'BBC is proposing to encode the TV listings metadata that accompanies all digital TV channels with a simple compression algorithm. The parameters to this algorithm would be kept secret by the BBC: it would ask manufacturers to sign a private agreement in order to receive a copy. This license would require the implementation of pervasive DRM in the equipment they build.' Ofcom, the regulatory body in question, has detailed the proposal asked for comments, but the window closes today."
The Courts

Lori Drew Cyberbullying Case Dismissed 408

Posted by timothy from the neither-vindication-nor-absolution dept.
Trepidity writes "About seven weeks after the judge tentatively overturned Lori Drew's guilty verdict for 'cyberbullying' following her online harassment of a teenager that was linked to the teenager's suicide, the case was finally officially dismissed. In a 32-page opinion (PDF), the court avoided a minefield of possible follow-on effects that civil-liberties groups had warned of by holding that merely violating a website's Terms of Service cannot constitute 'unauthorized access' for the purposes of the Computer Fraud and Abuse Act (18 U.S.C. 1030)."
The Internet

Pirate Bay Archive Goes Online 94

Posted by timothy from the action-reaction-counterreaction dept.
I Don't Believe in Imaginary Property writes "With the main Pirate Bay website experiencing DNS issues, downtime and uncertainty about both the lawsuits and potential sale to GGF, a Pirate Bay clone has already gone online. True to their principles, someone at TPB put up a torrent with a 21.3 GB copy of the site as it exists today. And now that archive is alive, at BTArena.net. Linus' old adage about backing up everything by putting it on FTP and letting the world mirror it may need to be updated. Torrents are much more efficient." "Downtime" may be a nice word for it; reader Underholdning writes "The Register has a story about a Swedish court ordering ISPs to disconnect The Pirate Bay or face a massive daily fine. The reason for the shutdown was an upcoming civil lawsuit by copyright holders. As usual, Torrentfreak has an updated story. It seems like the takedown until now has been successful." Believe what you will; the site itself says they'll be back up "in a few hours."
Patents

i4i Says OpenOffice Does Not Infringe Like MS Word 146

Posted by kdawson from the tooth-for-tooth dept.
I Don't Believe in Imaginary Property writes "After the permanent injunction barring Microsoft from selling Microsoft Word, many armchair lawyers and pundits wondered how the ruling would affect OpenOffice. The company with the patent, i4i, believes that OpenOffice does not infringe upon it. But lest anyone think that therefore ODF will win out over OOXML, keep in mind that Microsoft has its own broad XML document patent, which issued just two weeks ago, having been filed in December 2004, and they're telling the Supreme Court to apply the Bilski ruling narrowly, so that it doesn't invalidate patents like theirs (and i4i's). After all, unlike most companies and individuals, Microsoft can afford $290 million infringement fines. Then again, given that Microsoft's new patent has only two independent claims (claim #1 and claim #12), and both of those claims 'comprise' something using an 'XML file format for documents associated with an application having a rich set of features,' maybe they wouldn't be that hard to work around if you just make sure any otherwise infringing format is only associated with an application lacking in the feature richness department."
Privacy

Burning Man Responds To EFF's Criticism of Policy 210

Posted by Soulskill from the headlines-that-would-be-cooler-if-taken-literally dept.
Briden writes "Earlier this week, we discussed the EFF's criticism of the Burning Man Photo Policy. Burning Man has now responded at length on their own blog. Here's an excerpt: 'In fact, there are but two essential reasons we maintain these increased controls on behalf of our community: to protect our participants so that images that violate their privacy are not displayed, and to prevent companies from using Burning Man to sell products. We don't remove images from pages just because they criticize us (I've never been involved in taking down an image from an editorial blog criticizing Burning Man, and it's certainly not because there haven't been any!). We're also not at all interested [in] preventing participants from sharing their personal imagery or impressions of the event on third party sharing sites in a noncommercial manner, so long as they observe the concerns about privacy and commercialism. We're delighted to see people sharing videos, stories, and pictures on our official Facebook page, and we know that it, along with Flickr, YouTube, Vimeo, etc. are representative of the way many of us share personal imagery in the digital age.'"
Privacy

EFF Says Burning Man Usurps Digital Rights 439

Posted by CmdrTaco from the free-spirit-for-a-price dept.
Hugh Pickens writes "In a few weeks, tens of thousands of creative people will make their yearly pilgrimage to Nevada's Black Rock desert for Burning Man, an annual art event and temporary community celebrating radical self expression, self-reliance, creativity and freedom, but EFF reports that the event's Terms and Conditions include 'a remarkable bit of legal sleight-of-hand.' As soon as 'any third party displays or disseminates' your photos or videos in a manner that the Burning Man Organization (BMO) doesn't like, those photos or videos become the property of the BMO. BMO's Terms and Conditions also limits your own rights to use your own photos and videos on any public websites obliging you to take down any photos to which BMO objects, for any reason; and forbidding you from allowing anyone else to reuse your photos. This 'we automatically own all your stuff' magic appears to be creative lawyering intended to allow the BMO to use the streamlined 'notice and takedown' process enshrined in the Digital Millennium Copyright Act (DMCA) to quickly remove photos from the Internet giving BMO the power of fast and easy online censorship. 'Burning Man strives to celebrate our individuality, creativity and free spirit,' writes Corynne McSherry. 'Unfortunately, the fine print on the tickets doesn't live up to that aspiration.'"
Privacy

Palm Pre Reports Your Location and Usage To Palm 314

Posted by Soulskill from the caught-palm-red-handed dept.
AceJohnny writes "Joey Hess found that his Palm Pre was ratting on him. It turns out the Pre periodically uploads detailed information about the user to Palm, including the names of installed apps, application usage (and crashes), as well as GPS coordinates. This, of course, is without user consent or control. The only way he found to disable the uploads was to modify system files."
Patents

Supreme Court Review of Bilski Heats Up 121

Posted by kdawson from the do-patent-leather-shoes-really-reflect dept.
I Don't Believe in Imaginary Property writes "The Supreme Court's review of In Re Bilski (discussed here numerous times) is heating up, having attracted no less than 44 friend-of-the-court briefs from almost everyone with a stake in the patent system. Patently-O provides a nice summary of who is arguing against Bilski. The two questions before the Supreme Court are whether or not a process must satisfy the particular machine or transformation test, and whether this test improperly excludes many business methods in spite of the wording of 35 U.S.C. 273, which specifically allows business-method patents. So far, the case has attracted legal filings from nearly every large company or group whose patents might be threatened. You can read briefs from Yahoo, IBM, Borland, Dolby Labs, the BSA, and many others, even one from some guy claiming to speak on behalf of the State of Oregon."
The Courts

Chapter 11 Trustee Appointed For SCO 89

Posted by timothy from the why-not-a-trusty-instead dept.
I Don't Believe in Imaginary Property writes "The judge overseeing the SCO Chapter 11 bankruptcy case has issued an order appointing a chapter 11 trustee to oversee SCO's operations. However, the judge's reasoning is far from clear. While the judge believes that SCO has 'abandoned rehabilitation' to bet its future on litigation, he doesn't think it appropriate to convert their case to Chapter 7 liquidation. So SCO's management hasn't been fired yet, but they're no longer fully in charge either. It's not clear why the bankruptcy judge opted for this solution, when even the US Trustee was pushing to fire SCO's management and convert the case to Chapter 7. In short, SCO is still only mostly dead, rather than all dead, and in desperate search of a miracle worker."

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