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Crime

Kim Dotcom Regrets Not Taking Copyright Law and MPAA "More Seriously" 121

Posted by timothy
from the equal-treatment-under-law dept.
concertina226 writes Kim Dotcom has spoken out about his long battle over copyright with the U.S. government and his regrets about the events that have led to his arrest ahead of his bail breach hearing on Thursday that could see him return to jail in New Zealand. "Would I have done things differently? Of course. My biggest regret is I didn't take the threat of the copyright law and the MPAA seriously enough," Dotcom said via live video link from his mansion in Auckland, New Zealand at the Unbound Digital conference in London on Tuesday. ... "We never for a minute thought that anyone would bring any criminal actions against us. We had in-house legal counsel, we had three outside firms working for us who reviewed our sites, and not once had any of them mentioned any form of legal risk, so I wish I had known that there was a risk."
The Courts

Officer Not Charged In Michael Brown Shooting 996

Posted by Soulskill
from the completely-non-controversial-topics dept.
An anonymous reader writes: A grand jury in Missouri has decided there is no probable cause to charge police officer Darren Wilson in the shooting death of Michael Brown. "A grand jury of nine whites and three blacks had been meeting weekly since Aug. 20 to consider evidence. At least nine votes would have been required to indict Wilson. The Justice Department is conducting an investigation into possible civil rights violations that could result in federal charges." Government officials and Brown's family are urging calm in Ferguson after the contentious protests that followed Brown's death.
The Courts

Class-Action Suit Claims Copyright Enforcement Company Made Harassing Robo-calls 67

Posted by samzenpus
from the will-you-pay-us-now?-how-about-now? dept.
An anonymous reader writes Morgan Pietz, one of the lawyers who took on Prenda Law, has a new target in his sights: copyright enforcement company Rightscorp. In a class action suit (PDF) Pietz claims the company made illegal, harassing robo-calls to people who were accused of illegal downloading and by doing so Rightscorp broke the Telephone Consumer Protection Act, which limits how automated calling devices can be used. "They robo-called Jeanie Reif's cell phone darn near every day for a couple of months," Pietz said. "And there could be thousands of members of this class."
Privacy

Judge Unseals 500+ Stingray Records 161

Posted by Soulskill
from the going-for-the-high-score dept.
An anonymous reader sends this excerpt from Ars Technica: A judge in Charlotte, North Carolina, has unsealed a set of 529 court documents in hundreds of criminal cases detailing the use of a stingray, or cell-site simulator, by local police. This move, which took place earlier this week, marks a rare example of a court opening up a vast trove of applications made by police to a judge, who authorized each use of the powerful and potentially invasive device

According to the Charlotte Observer, the records seem to suggest that judges likely did not fully understand what they were authorizing. Law enforcement agencies nationwide have taken extraordinary steps to preserve stingray secrecy. As recently as this week, prosecutors in a Baltimore robbery case dropped key evidence that stemmed from stingray use rather than fully disclose how the device was used.
Books

Judge Approves $450M Settlement For Apple's Ebook Price Fixing 62

Posted by Soulskill
from the dragging-it-out dept.
An anonymous reader writes: On Friday a U.S. federal judge approved a settlement in the Apple ebook price-fixing case that could see the technology giant paying $450 million. $400 million of that would go to the roughly 23 million consumers thought to be affected by the price fixing, and the rest would go to lawyers. Though the case is now settled, the dollar amount is not necessarily final — an appeals court still has to rule on a previous verdict. If the appeals court finds in Apple's favor, then the total settlement drops to only $70 million. If they find against Apple, then it's the full amount. "The settlement appeared to reflect fatigue by Apple, the Justice Department, state attorneys general and class-action lawyers eager to conclude a case that has dragged on, largely because of delays by Apple."
Television

Aereo Files For Bankruptcy 137

Posted by Soulskill
from the prosecution-is-easier-than-innovation dept.
An anonymous reader writes: After losing its Supreme Court case in June and briefly attempting to transform itself into a cable company, Aereo is now filing for chapter 11 bankruptcy. Their service worked by letting people stream over-the-air television to their internet-connected devices. The content industry pushed back, and though Aereo argued its way through several lower courts, they say, "The U.S. Supreme Court decision effectively changed the laws that had governed Aereo's technology, creating regulatory and legal uncertainty. And while our team has focused its energies on exploring every path forward available to us, without that clarity, the challenges have proven too difficult to overcome."
Crime

Swedish Court Refuses To Revoke Julian Assange's Arrest Warrant 242

Posted by samzenpus
from the wanted-man dept.
An anonymous reader writes A Swedish court rejected an appeal by Julian Assange to revoke a detention order issued over allegations of sexual assault. "In the view of the Court of Appeal there is no reason to set aside the detention solely because Julian Assange is in an embassy and the detention order cannot be enforced at present for that reason," the appellate court added. "When it comes to the reasons for and against detention, i.e. the assessment of proportionality that is always made when use is made of a coercive measure such as detention, the Court of Appeal considers that Julian Assange's stay at the embassy shall not count in his favor since he can himself choose to bring his stay there to an end."
The Courts

Harvard Students Move Fossil Fuel Stock Fight To Court 203

Posted by samzenpus
from the don't-take-the-law-into-your-own-hands-you-take-them-to-court dept.
mdsolar writes A group of Harvard students, frustrated by the university's refusal to shed fossil fuel stocks from its investment portfolios, is looking beyond protests and resolutions to a new form of pressure: the courts. The seven law students and undergraduates filed a lawsuit on Wednesday in Suffolk County Superior Court in Massachusetts against the president and fellows of Harvard College, among others, for what they call "mismanagement of charitable funds." The 11-page complaint, with 167 pages of supporting exhibits, asks the court to compel divestment on behalf of the students and "future generations."
The Courts

US Gov't Seeks To Keep Megaupload Assets Because Kim Dotcom Is a Fugitive 171

Posted by timothy
from the them-as-has-gits-by-law dept.
mrspoonsi writes with this excerpt from Billboard: 'On Tuesday, the U.S. Department of Justice told a Virginia federal judge that Kim Dotcom and cohorts have no business challenging the seizure of an estimated $67 million in assets because the Megaupload founder is evading prosecution. The government brought criminal charges against Dotcom in early 2012, but he's been holed up in New Zealand awaiting word on whether he'll be extradited. The government got antsy and this past July, brought a civil complaint for forfeiture in rem, a maneuver to firmly establish a hold over money from bank accounts around the world, luxury cars, big televisions, watches, artwork and other property allegedly gained by Megaupload in the course of crimes. Dotcom is fighting the seizures by questioning the government's basis for asserting a crime, saying "there is no such crime as secondary criminal copyright infringement," as well as challenging how the seized assets are tied to the charges against Dotcom. But according to the U.S. government, Dotcom doesn't get the pleasure of even making the arguments. In a motion to strike, the government cites the doctrine of fugitive disentitlement, which bars a person from using the resources of the court if that person is aware of prosecution and is evading it.
The Courts

Court Shuts Down Alleged $120M Tech Support Scam 129

Posted by samzenpus
from the shutting-it-down dept.
wiredmikey writes A federal court has temporarily shut down and frozen the assets of two telemarketing operations accused by the FTC of scamming customers out of more than $120 million by deceptively marketing computer software and tech support services. According to complaints filed by the FTC, since at least 2012, the defendants used software designed to trick consumers into believing there were problems with their computers and then hit them with sales pitches for tech support products and services to fix their machines.

According to the FTC, the scams began with computer software that claimed to improve the security or performance of the customer's computer. Typically, consumers downloaded a free, trial version of the software that would run a computer system scan. The scan always identified numerous errors, whether they existed or not. Consumers were then told that in order to fix the problems they had to purchase the paid version of the software for between $29 and $49. In order to activate the software after the purchase, consumers were then directed to call a toll-free number and connected to telemarketers who tried to sell them unneeded computer repair services and software, according to the FTC complaint. The services could cost as much as $500, the FTC stated.
Canada

City of Toronto Files Court Injunction Against Uber 168

Posted by Soulskill
from the a-very-polite-injunction dept.
Sebolains writes: The city of Toronto in Ontario, Canada has filed a court injunction on Uber Canada Inc. today that requests for all operations in the city to cease. Uber has been operating there since 2012 without a license from the city, and so officials are concerned that Uber's operations pose a risk to both drivers and riders. How quickly this will happen, we don't know, but the city has asked the courts to be expedient in hearing this application.
Google

Court Rules Google's Search Results Qualify As Free Speech 137

Posted by timothy
from the hey-man-it's-what-we-feel-about-those-results dept.
wabrandsma writes with this news from Ars Technica: The regulation of Google's search results has come up from time to time over the past decade, and although the idea has gained some traction in Europe (most recently with "right to be forgotten" laws), courts and regulatory bodies in the U.S. have generally agreed that Google's search results are considered free speech. That consensus was upheld last Thursday, when a San Francisco Superior Court judge ruled in favor of Google's right to order its search results as it sees fit.
Math

Big Talk About Small Samples 243

Posted by samzenpus
from the read-all-about-it dept.
Bennett Haselton writes: My last article garnered some objections from readers saying that the sample sizes were too small to draw meaningful conclusions. (36 out of 47 survey-takers, or 77%, said that a picture of a black woman breast-feeding was inappropriate; while in a different group, 38 out of 54 survey-takers, or 70%, said that a picture of a white woman breast-feeding was inappropriate in the same context.) My conclusion was that, even on the basis of a relatively small sample, the evidence was strongly against a "huge" gap in the rates at which the surveyed population would consider the two pictures to be inappropriate. I stand by that, but it's worth presenting the math to support that conclusion, because I think the surveys are valuable tools when you understand what you can and cannot demonstrate with a small sample. (Basically, a small sample can present only weak evidence as to what the population average is, but you can confidently demonstrate what it is not.) Keep reading to see what Bennett has to say.
Networking

Can the US Actually Cultivate Local Competition in Broadband? 135

Posted by timothy
from the but-what-we-really-want-is-more-rules dept.
New submitter riskkeyesq writes with a link to a blog post from Dane Jasper, CEO of Sonic.net, about what Jasper sees as the deepest problem in the U.S. broadband market and the Internet in general: "There are a number of threats to the Internet as a system for innovation, commerce and education today. They include net neutrality, the price of Internet access in America, performance, rural availability and privacy. But none of these are the root issue, they're just symptoms. The root cause of all of these symptoms is a disease: a lack of competition for consumer Internet access." Soft landings for former legislators, lobbyists disguised as regulators, hundreds of thousands of miles of fiber sitting unused, the sham that is the internet provider free market is keeping the US in a telecommunications third-world. What, exactly, can American citizens do about it? One upshot, in Jasper's opinion (hardly disinterested, is his role at CEO at an ISP that draws praise from the EFF for its privacy policies) is this: "Today’s FCC should return to the roots of the Telecom Act, and reinforce the unbundling requirements, assuring that they are again technology neutral. This will create an investment ladder to facilities for competitive carriers, opening access to build out and serve areas that are beyond our reach today."
The Courts

FCC Says Net Neutrality Decision Delay Is About Courts, Not Politics 60

Posted by timothy
from the distinction-without-a-difference dept.
blottsie writes with this news from The Daily Dot: "The Federal Communications Commission's seemingly suspicious timing in delaying its net neutrality decision has absolutely nothing to do with recent politics, according to an FCC official. Instead, it's a matter of some people in the agency insisting they be more prepared before going to court to defend their eventual plan. In January, the U.S. Court of Appeals in Washington, D.C., ruled in favor of Verizon, which challenged the FCC's 2010 Open Internet rules, striking down the agency's net neutrality protections. The court found that the FCC did not use the proper legal structure to establish its regulatory authority over broadband service—something that many legal experts say would not be the case if the FCC invokes Title II. The FCC's move to delay the net neutrality decision, which followed President Obama's support of Title II reclassification, was just a coincidence, according to the FCC official:" Before the president weighed in, several of our staff felt like the record was a little thin in areas, and the last thing you want when you go to court for the third time is for a court to say the record was too thin, or you didn't give adequate notice. We are going to be so careful this time that we have crossed every T and dotted every I. Some of the staff felt we're not quite there yet."
The Internet

No, You Can't Seize Country TLDs, US Court Rules 120

Posted by timothy
from the you'll-have-to-settle-for-sabotage-and-eavesdropping dept.
itwbennett writes A U.S. court has quashed an attempt to seize Iran's, Syria's and North Korea's domains as part of a lawsuit against those countries' governments. The plaintiffs in the case wanted to seize the domains after they successfully sued Iran, Syria and North Korea as state sponsors of terrorism. But the court found the domains have the nature of a contractual right, and ruled that rights arising under a contract cannot be seized as part of a judgment.
Privacy

Carmakers Promise Not To Abuse Drivers' Privacy 98

Posted by timothy
from the how-far-can-you-throw-this-vehicle? dept.
schwit1 provides this excerpt from an Associated Press report: "Nineteen automakers accounting for most of the passenger cars and trucks sold in the U.S. have signed onto a set of principles they say will protect motorists' privacy in an era when computerized cars pass along more information about their drivers than many motorists realize. The principles were delivered in a letter Wednesday to the Federal Trade Commission, which has the authority to force corporations to live up to their promises to consumers. Industry officials say they want to assure their customers that the information that their cars stream back to automakers or that is downloaded from the vehicle's computers won't be handed over to authorities without a court order, sold to insurance companies or used to bombard them with ads for pizza parlors, gas stations or other businesses they drive past, without their permission. The principles also commit automakers to 'implement reasonable measures' to protect personal information from unauthorized access." Also at the Detroit News. Adds schwit1: "It's a meaningless gesture without being codified into law. A greedy car manufacturer or NSL trumps any 'set of principles'." The letter itself (PDF) isn't riveting, but it's more readable than some such documents, and all the promises it makes are a good reminder of just how much data modern cars can collect, and all the ways that it can be passed on.
Advertising

Overbilled Customer Sues Time Warner Cable For False Advertising 223

Posted by timothy
from the my-twc-bill-went-up-this-week-too dept.
An anonymous reader writes According to a lawsuit filed Friday in a New York court, when Jeremy Zielinski signed up for Time Warner Internet service after seeing an ad that it was $34.99 a month, he didn't expect his first bill to be more than $94. He didn't expect he'd have to fight for weeks to resolve it. And he didn't expect that, Time Warner's next step would be to sell him faster speeds, not bother to tell him his modem couldn't handle them, send him a bill anyway, then demand that he drive to the local office at his own expense to get a compatible modem. So he's taking the cable giant to court, accusing it of false advertising and deceptive business practices. While a lone individual fighting in court against the second largest cable company in the world certainly doesn't have the odds in his favor, this could get interesting. According to the complaint, he opted out of TWC's binding arbitration clause a few days after he opened his account, so he might have a shot of keeping this issue in real court. Stay tuned for more.
GNOME

GNOME Project Seeks Donations For Trademark Battle With Groupon 268

Posted by timothy
from the how-similar-how-confusing? dept.
Drinking Bleach writes Groupon has released a tablet-based point of sale system called Gnome, despite the well-known desktop environment's existence and trademark status. This is also not without Groupon's internal knowledge of the GNOME project; they were contacted about the infringement and flatly refused to change the name of their own product, in addition to filing many new trademark applications for theirs. The GNOME project is seeking donations to help them in a legal battle against these trademark applications, and to get Groupon to stop using their name. They are seeking at least $80,000 to challenge a first set of ten trademark applications from Groupon, out of 28 applications that have been filed.
The Courts

Manslaughter Conviction Overturned For Scientists Who Didn't Predict Earthquake 139

Posted by Soulskill
from the but-their-crystal-ball-has-been-confiscated dept.
Jason Koebler writes: Geologists who didn't warn a town about an impending earthquake are not murderers, an Italian appeals court ruled today. A 2012 decision that rocked the scientific world has been overturned, according to Italy's Repubblica newspapers and confirmed by other Italian outlets. In that decision, six prominent geologists and one government worker were convicted of manslaughter for failing to notify the town of L'Aquila of a 2009 earthquake that killed at least 309 people. The scientists were originally sentenced to six years in prison and were to pay more than $10 million in damages.

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