Books

San Diego Comic-Con Wins Trademark Suit Against 'Salt Lake Comic Con' (deseretnews.com) 113

The Deseret News reports: A jury has found that Salt Lake Comic Con founders Dan Farr and Bryan Brandenburg, along with their company, violated a trademark when they named their fan convention a "comic con." However, the jury decided that the trademark was not willfully violated, and only awarded $20,000 of the $12 million that San Diego Comic-Con had asked for in damages. The decision came at the end of an eight-day jury trial and three years of legal maneuvering... And with an estimated 140 other fan conventions across the country calling themselves comic cons, the impact of the decision could be felt nationwide...

The Salt Lake group also has an ongoing action with the U.S. Patent and Trademark Office seeking to invalidate San Diego's "comic-con" trademark... San Diego Comic-Con, which has been holding events since 1970, has a trademark on "comic-con" with a hyphen, but was unsuccessful in its 1995 bid to trademark "comic con," with a space. The unhyphenated name "Comic Con International," as well as the event's iconic "eye logo," are also protected by trademark. The event maintains that its trademarks cover the term "comic con" in all its forms...

San Diego Comic-Con wanted more than $12 million in damages from Salt Lake, including over $9 million for a three-month "corrective advertising campaign" to dispel confusion... In his closing arguments, Michael Katz, an attorney for Salt Lake Comic Con, questioned the amount San Diego was seeking, noting that San Diego authorities said during trial the organization generally spends between $20,000 and $30,000 for a month of advertising.

Slashdot reader AlanBDee writes: When I attended the Salt Lake City Comic Con I did assume it was the same organization that put on San Diego Comic-Con... But now I have to wonder how that will affect other Comic Cons around the nation? What should these comic based fan conventions be called if not Comic Con?
Businesses

Bangladesh Bank, NY Fed Discuss Suing Manila Bank For Heist Damages (reuters.com) 29

An anonymous reader shares a report: Bangladesh's central bank has asked the Federal Reserve Bank of New York to join a lawsuit it plans to file against a Philippines bank for its role in one of the world's biggest cyber-heists, several sources said. The Fed is yet to respond formally, but there is no indication it would join the suit. Unidentified hackers stole $81 million from Bangladesh Bank's account at the New York Fed in February last year, using fraudulent orders on the SWIFT payments system. The money was sent to accounts at Manila-based Rizal Commercial Banking Corp and then disappeared into the casino industry in the Philippines.
Businesses

ISP Disclosures About Data Caps and Fees Eliminated By Net Neutrality Repeal (arstechnica.com) 281

In 2015, the Federal Communications Commission forced ISPs to be more transparent with customers about hidden fees and the consequences of exceeding data caps. Since the requirements were part of the net neutrality rules, they will be eliminated when the FCC votes to repeal the rules next week. Ars Technica reports: While FCC Chairman Ajit Pai is proposing to keep some of the commission's existing disclosure rules and to impose some new disclosure requirements, ISPs won't have to tell consumers exactly what everything will cost when they sign up for service. There have been two major versions of the FCC's transparency requirements: one created in 2010 with the first net neutrality rules, and an expanded version created in 2015. Both sets of transparency rules survived court challenges from the broadband industry. The 2010 requirement had ISPs disclose pricing, including "monthly prices, usage-based fees, and fees for early termination or additional network services." That somewhat vague requirement will survive Pai's net neutrality repeal. But Pai is proposing to eliminate the enhanced disclosure requirements that have been in place since 2015. Here are the disclosures that ISPs currently have to make -- but won't have to after the repeal:

-Price: the full monthly service charge. Any promotional rates should be clearly noted as such, specify the duration of the promotional period and the full monthly service charge the consumer will incur after the expiration of the promotional period.
-Other Fees: all additional one time and/or recurring fees and/or surcharges the consumer may incur either to initiate, maintain, or discontinue service, including the name, definition, and cost of each additional fee. These may include modem rental fees, installation fees, service charges, and early termination fees, among others.
-Data Caps and Allowances: any data caps or allowances that are a part of the plan the consumer is purchasing, as well as the consequences of exceeding the cap or allowance (e.g., additional charges, loss of service for the remainder of the billing cycle).

Pai's proposed net neutrality repeal says those requirements and others adopted in 2015 are too onerous for ISPs.

Government

Volkswagen Executive Sentenced To Maximum Prison Term For His Role In Dieselgate (arstechnica.com) 101

An anonymous reader quotes a report from Ars Technica: On Wednesday, a U.S. District judge in Detroit sentenced Oliver Schmidt, a former Volkswagen executive, to seven years in prison for his role in the Volkswagen diesel emissions scandal of 2015. Schmidt was also ordered to pay a criminal penalty of $400,000, according to a U.S. Department of Justice (DOJ) press release. The prison term and the fine together represent the maximum sentence that Schmidt could have received under the plea deal he signed in August. Schmidt, a German citizen who lived in Detroit as an emissions compliance executive for VW, was arrested in Miami on vacation last January. In August, he pleaded guilty to conspiracy and to making a false statement under the Clean Air Act. Schmidt's plea deal stated that the former executive could face up to seven years in prison and between $40,000 and $400,000 in fines.

Last week, Schmidt's attorneys made a last-minute bid requesting a lighter sentence for Schmidt: 40 months of supervised release and a $100,000 fine. Schmidt also wrote a letter to the judge, which surfaced over the weekend, in which the executive said he felt "misused" by his own company and claimed that higher-ranked VW executives coached him on a script to help him lie to a California Air Resources Board (CARB) official. Instead, Schmidt was sentenced to the maximum penalties outlined in the plea deal. Only one other VW employee has been sentenced in connection with the emissions scandal: former engineer James Liang, who received 40 months in prison and two years of supervised release as the result of his plea deal. Although six other VW Group executives have been indicted, none is in U.S. custody.

Google

Inside Oracle's Cloak-and-dagger Political War With Google (recode.net) 84

schwit1 shares a Recode report: The story that appeared in Quartz this November seemed shocking enough on its own: Google had quietly tracked the location of its Android users, even those who had turned off such monitoring on their smartphones. But missing from the news site's report was another eyebrow-raising detail: Some of its evidence, while accurate, appears to have been furnished by one of Google's fiercest foes: Oracle. For the past year, the software and cloud computing giant has mounted a cloak-and-dagger, take-no-prisoners lobbying campaign against Google, perhaps hoping to cause the company intense political and financial pain at a time when the two tech giants are also warring in federal court over allegations of stolen computer code. Since 2010, Oracle has accused Google of copying Java and using key portions of it in the making of Android. Google, for its part, has fought those claims vigorously. More recently, though, their standoff has intensified. And as a sign of the worsening rift between them, this summer Oracle tried to sell reporters on a story about the privacy pitfalls of Android, two sources confirmed to Recode.
Businesses

Judge Dismisses Lawsuit That Claims Google Paid Female Employees Less Than Male Colleagues (cnn.com) 254

A California judge has rejected a class action claim against Google for alleged gender inequity. In September, three female Google employees filed a lawsuit against Google, claiming the search giant "engaged in systemic and pervasive pay and promotion discrimination." They sought class action status on behalf of women who have worked at Google in California for the past four years. CNN reports: This week, a judge rejected their request to make the suit a class action. A judge ruled that the class was "overbroad," stating that it "does not purport to distinguish between female employees who may have valid claims against Google based upon its alleged conduct from those who do not." Jim Finberg, the lawyer representing the plaintiffs, said his clients plan to file an amended complaint seeking class action certification. He said it will address the court's ruling and make "clear that Google violates the California Equal Pay Act throughout California and throughout the class period by paying women less than men for substantially equal work in nearly every job classification."
Government

Warrantless Surveillance Can Continue Even If Law Expires, Officials Say (theverge.com) 68

According to a New York Times report citing American officials, the Trump administration has decided that the National Security Agency and the FBI can lawfully keep operating their warrantless surveillance program even if Congress fails to extend the law authorizing it before an expiration date of New Year's Eve. The Verge reports: The White House believes the Patriot Act's surveillance provisions won't expire until four months into 2018. Lawyers point to a one-year certification that was granted on April 26th of last year. If that certification is taken as a legal authorization for the FISA court overall -- as White House lawyers suggest -- then Congress will have another four months to work out the details of reauthorization. There are already several proposals for Patriot Act reauthorization in the Senate, which focus the Section 702 provisions that authorize certain types of NSA surveillance. Some of the proposals would close the backdoor search loophole that allows for warrantless surveillance of U.S. citizens, although a recent House proposal would leave it in place. But with Congress largely focused on tax cuts and the looming debt ceiling fight, it's unlikely the differences could be reconciled before the end of the year.
Firefox

Yahoo Sues Mozilla For Breach of Contract -- So Mozilla Counter Sues Yahoo (betanews.com) 112

Mark Wilson writes: Mozilla and Yahoo have started a legal spat about the deal that existed between the two companies regarding the use of the Yahoo search engine in the Firefox browser. On December 1, Yahoo fired the first shot filing a complaint that alleges Mozilla breached a contract that existed between the two companies by terminating the arrangement early. In a counter complaint, Mozilla says that it was not only justified in terminating the contract early, but that Yahoo Holdings and Oath still have a bill that needs to be settled.
Encryption

US Says It Doesn't Need a Court Order To Ask Tech Companies To Build Encryption Backdoors (gizmodo.com) 249

schwit1 shares a report from Gizmodo: According to statements from July released this weekend, intelligence officials told members of the Senate Intelligence Committee that there's no need for them to approach courts before requesting a tech company help willfully -- though they can always resort to obtaining a Foreign Intelligence Surveillance Court order if the company refuses. The documents show officials testified they had never needed to obtain such an FISC order, though they declined to tell the committee whether they had "ever asked a company to add an encryption backdoor," per ZDNet. Other reporting has suggested the FISC has the power to authorize government personnel to compel such technical assistance without even notifying the FISC of what exactly is required. Section 702 of the Foreign Intelligence Surveillance Act gives authorities additional powers to compel service providers to build backdoors into their products.
Bitcoin

Feds Shut Down Allegedly Fraudulent Cryptocurrency Offering (arstechnica.com) 47

An anonymous reader quotes a report from Ars Technica: The Securities and Exchange Commission on Monday announced that it was taking action against an initial coin offering (ICO) that the SEC alleges is fraudulent. The announcement represents the first enforcement action by the SEC's recently created cyber fraud unit. In July, the agency fired a warning shot. It announced that a 2016 fundraising campaign had run afoul of securities law, but that the SEC would decline to prosecute those responsible. The hope was to get the cryptocurrency world to take securities laws more seriously without doing anything drastic. Now the SEC is taking the next step by prosecuting what it considers to be one of the most egregious scams in the ICO world. The SEC's complaint, filed in federal court in New York, is against Dominic Lacroix, whom the SEC describes as a "recidivist securities law violator." The SEC considers Lacroix's cryptocurrency project, PlexCoin, to be a "fast-moving Initial Coin Offering (ICO) fraud that raised up to $15 million from thousands of investors since August by falsely promising a 13-fold profit in less than a month." The PlexCoin website has a hilariously vague description of this supposedly revolutionary cryptocurrency. "The PlexCoin's new revolutionary operating structure is safer and much easier to use than any other current cryptocurrency," the site proclaims. "One of the many features of PlexBank will be to secure your cryptocurrency from market variation, which is highly volatile, and invest your money in a place where you can get interesting guaranteed returns." According to Ars, "The SEC isn't impressed and is arguing that PlexCoin has 'all of the characteristics of a full-fledged cyber scam.' The agency is seeking to freeze the assets of the PlexCoin project in hopes of getting investors' funds back to them."
Privacy

Trump Is Looking at Plans For a Global Network of Private Spies (vice.com) 481

David Gilbert, writing for Vice: The White House is reportedly looking at a proposal to create a ghost network of private spies in hostile countries -- a way of bypassing the intelligence community's "deep state," which Donald Trump believes is a threat to his administration. The network would report directly to the president and CIA Director Mike Pompeo, and would be developed by Blackwater founder Erik Prince, according to multiple current and former officials speaking to The Intercept. "Pompeo can't trust the CIA bureaucracy, so we need to create this thing that reports just directly to him," a former senior U.S. intelligence official with firsthand knowledge of the proposals told the website. Described as "totally off the books," the network would be run by intelligence contractor Amyntor Group and would not share any data with the traditional intelligence community.
The Courts

State Board Concedes It Violated Free Speech Rights of Oregon Man Fined For Writing 'I Am An Engineer' (oregonlive.com) 178

According to Oregon Live, "A state panel violated a Beaverton man's free speech rights by claiming he had unlawfully used the title 'engineer' and by fining him when he repeatedly challenged Oregon's traffic-signal timing before local media and policymakers, Oregon's attorney general has ruled." From the report: Oregon's Board of Examiners for Engineering and Land Surveying unconstitutionally applied state law governing engineering practice to Mats Jarlstrom when he exercised his free speech about traffic lights and described himself as an engineer since he was doing so "in a noncommercial'' setting and not soliciting professional business, the state Department of Justice has conceded. "We have admitted to violating Mr. Jarlstrom's rights,'' said Christina L. Beatty-Walters, senior assistant attorney general, in federal court Monday. The state's regulation of Jarlstrom under engineering practice law "was not narrowly tailored to any compelling state interests,'' she wrote in court papers. The state has pledged the board will not pursue the Beaverton man any further when he's not acting in a commercial or professional manner, and on Monday urged a federal judge to dismiss the case. The state also sent a $500 check to Jarlstrom in August, reimbursing him for the state fine.

Jarlstrom and his lawyers argued that's not good enough. They contend Jarlstrom isn't alone in getting snared by the state board's aggressive and "overbroad'' interpretation of state law. They contend others have been investigated improperly and want the court to look broader at the state law and its administrative rules and declare them unconstitutional. In the alternative, the state law should be restricted to only regulating engineering communications that are made as part of paid employment or a contractual agreement.

EU

Apple To Start Paying Ireland the Billions It Owes In Back Taxes (engadget.com) 124

Last year, Apple was ordered to pay a record sum of 13 billion euros ($14.5 billion) plus interest after the European Commission said Ireland illegally slashed the iPhone maker's tax bill. "But Ireland was rather slow to start collecting that cash, which led the Commission to refer the Irish government to the European Court of Justice in October due to Ireland's non-compliance with the 2016 ruling," reports Engadget. "However, the Wall Street Journal reports today that the country will finally start collecting those billions of dollars owed by Apple and it may start doing so early next year." From the report: Both Apple and Ireland have fought back against the ruling -- Ireland has said that the European Union overstepped its authority and got some of the country's laws wrong while Apple has maintained that the amount it's being told to repay was miscalculated. Both are continuing to appeal the decision and the money will sit in an escrow fund while they do so. Ireland has said that negotiating the terms of that fund is what has held up its collection of the money but the European Commission said that the action it has taken against Ireland for failing to follow the 2016 ruling will proceed until the money is collected in full.
The Internet

FCC Won't Delay Vote, Says Net Neutrality Supporters Are 'Desperate' (arstechnica.com) 347

An anonymous reader quotes a report from Ars Technica: The Federal Communications Commission will move ahead with its vote to kill net neutrality rules next week despite an unresolved court case that could strip away even more consumer protections. FCC Chairman Ajit Pai says that net neutrality rules aren't needed because the Federal Trade Commission can protect consumers from broadband providers. But a pending court case involving AT&T could strip the FTC of its regulatory authority over AT&T and similar ISPs. A few dozen consumer advocacy groups and the City of New York urged Pai to delay the net neutrality-killing vote in a letter today. If the FCC eliminates its rules and the court case goes AT&T's way, there would be a "'regulatory gap' that would leave consumers utterly unprotected," the letter said. When contacted by Ars, Pai's office issued this statement in response to the letter: "This is just evidence that supporters of heavy-handed Internet regulations are becoming more desperate by the day as their effort to defeat Chairman Pai's plan to restore Internet freedom has stalled. The vote will proceed as scheduled on December 14."
The Courts

Free Game Company Sues 14-Year-Old Over 'Cheats' Video -- Claiming DMCA Violation (bbc.co.uk) 237

Bizzeh shared this report from the BBC: A mother has written a letter in defense of her 14-year-old son who is facing a lawsuit over video game cheats in the US. Caleb Rogers is one of two people facing legal action from gaming studio Epic Games for using cheat software to play the free game Fortnite. The studio says it has taken the step because the boy declined to remove a YouTube video he published which promoted how to use the software... "This company is in the process of attempting to sue a 14-year-old child," she wrote in the letter which has been shared online by the news site Torrentfreak.

Ms. Rogers added that she had not given her son parental consent to play the game as stated in its terms and conditions, and that as the game was free to play the studio could not claim loss of profit as a result of the cheats... In a statement given to the website Kotaku, Epic Games said the lawsuit was a result of Mr. Rogers "filing a DMCA counterclaim to a takedown notice on a YouTube video that exposed and promoted Fortnite Battle Royale cheats and exploits... Epic is not OK with ongoing cheating or copyright infringement from anyone at any age," it said.

Cory Doctorow counters that the 14-year-old "correctly asserted that there was no copyright infringement here. Videos that capture small snippets of a videogame do not violate that game creator's copyrights, because they are fair use..."
Businesses

Disney Sues Redbox, Hoping To Block Digital Movie Sales (marketwatch.com) 285

phalse phace writes: About 1 month ago, Redbox started selling through their kiosks slips of paper with codes on them that lets the buyer download a digital copy of a Disney movie.But Disney says that's a no-no and this week it sued Redbox in an attempt to stop the code sales. According to Marketwatch: "Walt Disney sued Redbox on Thursday in an attempt to stop the DVD rental company from selling digital copies of its movies. Privately held Redbox last month began offering consumers codes they can use to download a digital copy of a Disney movie. Redbox charges between $7.99 and $14.99 for slips of paper with the codes to download Disney films such as "Cars 3" and "Star Wars: The Force Awakens." That is less than those movies cost to buy and download from Apple's iTunes Store. Redbox is only offering digital copies of Disney movies because it doesn't have a distribution arrangement with the studio and buys retail copies of its discs to rent to customers. Those retail DVDs come with digital download codes."
Facebook

Facebook Judge Frowns on Bid To Toss Biometric Face Print Suit (bloomberg.com) 39

Facebook faced a skeptical judge over its second request to get out of a lawsuit alleging its photo scanning technology flouts users' privacy rights. From a report: "The right to say no is a valuable commodity," U.S. District Judge James Donato said Thursday during a hearing in San Francisco. The case concerns the "most personal aspects of your life: your face, your fingers, who you are to the world." The owner of the world's largest social network faces claims that it violated the privacy of millions of users by gathering and storing biometric data without their consent. Alphabet's Google is fighting similar claims in federal court in Chicago.
Medicine

An Unconscious Patient With a 'DO NOT RESUSCITATE' Tattoo (nejm.org) 454

A real-life case study, published on New England Journal of Medicine, documents the ethical dilemma that a Florida hospital faced after a 70-year-old unresponsive patient arrived at the hospital. The medical staff, the journal notes, was taken aback when it discovered the words "DO NOT RESUSCITATE" tattooed onto the man's chest. Furthermore, the word "NOT" was underlined with his signature beneath it. The patient had a history of chronic obstructive pulmonary disease, diabetes mellitus, and atrial fibrillation. Confused and alarmed, the medical staff chose to ignore the apparent DNR request -- but not without alerting the hospital's ethics team, which had a different take on the matter. From the report: We initially decided not to honor the tattoo, invoking the principle of not choosing an irreversible path when faced with uncertainty. This decision left us conflicted owing to the patient's extraordinary effort to make his presumed advance directive known; therefore, an ethics consultation was requested. He was placed on empirical antibiotics, received intravenous fluid resuscitation and vasopressors, and was treated with bilevel positive airway pressure. After reviewing the patient's case, the ethics consultants advised us to honor the patient's do not resuscitate (DNR) tattoo. They suggested that it was most reasonable to infer that the tattoo expressed an authentic preference, that what might be seen as caution could also be seen as standing on ceremony, and that the law is sometimes not nimble enough to support patient-centered care and respect for patients' best interests. A DNR order was written. Subsequently, the social work department obtained a copy of his Florida Department of Health "out-of-hospital" DNR order, which was consistent with the tattoo. The patient's clinical status deteriorated throughout the night, and he died without undergoing cardiopulmonary respiration or advanced airway management.
Google

Google Faces Lawsuit For Gathering Personal Data From Millions of iPhone Users (betanews.com) 35

Mark Wilson writes: A group going by the name Google You Owe Us is taking Google to court in the UK, complaining that the company harvested personal data from 5.4 million iPhone users. The group is led by Richard Lloyd, director of consumer group Which?, and it alleges that Google bypassed privacy settings on iPhones between June 2011 and February 2012. The lawsuit seeks compensation for those affected by what is described as a "violation of trust." Google is accused of breaching UK data protection laws, and Lloyd says that this is "one of the biggest fights of my life." Even if the case is successful, the people represented by Google You Owe Us are not expected to receive more than a few hundred pounds each, and this is not an amount that would make much of an impact on Google's coffers.
Businesses

Apple Accuses Qualcomm of Patent Infringement in Countersuit (reuters.com) 34

From a report: Apple on Wednesday filed a countersuit against Qualcomm, alleging that Qualcomm's Snapdragon mobile phone chips that power a wide variety of Android-based devices infringe on Apple's patents, the latest development in a long-running dispute. Qualcomm in July accused Apple of infringing several patents related to helping mobile phones get better battery life. Apple has denied the claims that it violated Qualcomm's battery life patents and alleged that Qualcomm's patents were invalid, a common move in such cases. But on Wednesday, in a filing in U.S. District Court in San Diego, Apple revised its answer to Qualcomm's complaint with accusations of its own. Apple alleges it owns at least eight battery life patents that Qualcomm has violated.

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