New York Judge rules 6-year-old can be sued

Found on Reuters on Friday, 29 October 2010
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A girl can be sued over accusations she ran over an elderly woman with her training bicycle when she was 4 years old, a New York Supreme Court justice has ruled.

In a ruling made public late Thursday, the judge dismissed arguments by Breitman's lawyer that the case should be dismissed because of her young age. He ruled that she is old enough to be sued and the case can proceed.

Now this extends the possible targets of lawsuits to protect the starving lawyers from going out of business.

Court Slams Music Pirate With Huge Fine - of $41.00

Found on TorrentFreak on Thursday, 28 October 2010
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After rightsholders demanded damages of 600 euros ($828) the case dragged through the legal system. After nearly five years a court in Germany has just published its decision. It ruled that the damages demands of the rightsholders were excessive and instead ordered the defendant to pay 30 euros ($41.00) damages.

Notably it was decided that since the tracks were old there would be a limited demand for them. Furthermore, since it could only be proven that the tracks were made available for a short amount of time, few downloads of the tracks would have taken place.

Now that makes sharing much more interesting for music lovers, and sueing much less interesting for the industry. It's a great basis for forcing the entertainment indsutry to work on a better business model.

Judge realizes: on the Internet, no one can tell you're a kid

Found on Ars Technica on Tuesday, 26 October 2010
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A federal judge today issued an injunction against a new Massachusetts law that tried to apply its "matter harmful to minors" law to the Internet. Because it's difficult to ascertain someone's age on the 'Net, that attempt turned out to be far too broad.

Zobel agreed that the ACLU and other plaintiffs were correct in calling the law overbroad and that they were likely to succeed on the merits of their complaint.

Ya right u cant be sure!!one!eleven

Cal State Bans Students from Using Online Note-Selling Service

Found on ReadWriteWeb on Tuesday, 19 October 2010
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Ryan Stevens founded NoteUtopia in order to provide a mechanism for students to buy, sell, and share their university course notes.

But less than six weeks into the startup's history, NoteUtopia has received a cease-and-desist letter from the California State University system, charging that the company violates a provision of the state education code.

It's worth noting, says Stevens, that sororities and fraternities have long had systems for sharing course materials among members.

The students still have to learn. It's not like buying some notes will magically make them pass their exams. As long as they learn, it doesn't matter what they use.

Caught Spying on Student, FBI Demands GPS Tracker Back

Found on Wired on Thursday, 07 October 2010
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A California student got a visit from the FBI this week after he found a secret GPS tracking device on his car, and a friend posted photos of it online.

A reader quickly identified it as an Orion Guardian ST820 tracking device made by an electronics company called Cobham, which sells the device only to law enforcement.

"We have all the information we needed," they told him. "You don't need to call your lawyer. Don't worry, you're boring."

Boring enough to stick an expensive tracker under his car. Hello big brother. Also, I thought those trackers would be smaller. I'd be cheaper and way less obvious to stick a GPS cellphone onto the car.

Apple in 873-page legal claim to word 'Pod'

Found on The Register on Saturday, 25 September 2010
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Apple really, really, really wants exclusive rights to the word "Pod," in names for tech products, the company has argued in an 873-page legal brief filed earlier this week.

Apple is reportedly arguing that a video projector with the word "Pod" in its name would cause confusion with its own iPod products.

A lawyer representing Sector Labs tells the publication there's a growing trend of dominant tech firms trying to assume ownership of ordinary words.

I think Apple's iTries to get iRights on common iWords for the iSake of iBullying others are pretty iPathetic. The last iThing I want to associate with an iName is Apple. Pod. Err, period.

Optus in court over 'supersonic' 64Kbps Broadband

Found on FreeAccess on Saturday, 18 September 2010
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Should a telecommunications company be able to advertise its Broadband as "supersonic" when its speeds could be as low as 64Kbps?

The problem with these plans is that while the usual speed is 100Mbps, if a customer goes over their download limit for the month their speed is slashed to just 64Kbps. The Australian Competition and Consumer Commission (ACCC) isn't happy about Optus' sensationalist claims, which it is sure breaches the Trade Practices Act.

A telco should only be allowed to advertise the minimum guranateed speed. So, if they get customers with 100MBit claims, then it should be 100MBit all day and night. If they do want caps too, then say so; but not in the tiny fineprint for which you need a microscope.

P2P defendants demand legal fees from Far Cry filmmaker

Found on Ars Technica on Thursday, 16 September 2010
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A group of defendants have hired several DC lawyers to file a joint motion demanding that the subpoenas in the case be quashed, that the defendants be dismissed from the litigation, and that Boll's production company cover their legal expenses.

The Omnibus Motion argues that the DC court has no personal jurisdiction over these particular defendants, since none of them live or work in DC-and neither do their ISPs.

Because the plaintiff's actions caused these Does to incur legal fees defending themselves in a distant court, "an award of attorneys' fees and costs in their favor is appropriate."

It might not even be an accident that the case has been filed in DC. Although defendants (correctly) claim that it's trivial to figure out which ISP is responsible for an IP and which court is most appropriate, the plaintiff might have hoped that, thanks to the absence of the defendants due to the distance, a default judgement in their favor would be granted.

IP address-tracing software breached data protection law

Found on The Register on Sunday, 12 September 2010
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The Swiss Federal Court has ruled that software which identified the internet protocol (IP) address of unauthorised music uploaders broke data protection law.

The Court recognised the economic interest that copyright holders had in stopping the illegal sharing of material in which they had rights, but said that that interest did not justify what it called a significant intrusion into the privacy of each affected user.

You've got to love Switzerland.

RIAA: U.S. copyright law 'isn't working'

Found on CNet News on Sunday, 22 August 2010
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The Recording Industry Association of America said on Monday that current U.S. copyright law is so broken that it "isn't working" for content creators any longer.

Sherman said, "if legislation is an appropriate way to facilitate that kind of cooperation, fine."

Last week, the RIAA and a dozen other music industry groups called on Google and Verizon to crack down on piracy, saying in a letter that "the current legal and regulatory regime is not working for America's creators."

The entertainment industry is also not working for America's creators, so it's only a fair game. With creative accounting, lies and wasting money on worthless campaigns, they cheat even more than any filesharing would.