German privacy activists cry foul
Privacy activists have filed a constitutional complaint against Germany's data retention laws.
Arbeitskreis Vorratsdatenspeicherung argues that the data retention law treats all citizens as potential terrorists or delinquents. "The pervasive logging of communication patterns without reasonable suspicion resembled a serious encroachment upon the basic values of constitutional legality," it said.
Organisations and individuals that rely on confidentiality to do their work - lawyers, journalists and even crisis lines - are deprived of free and open communication because of the data logging, the group claims.
Governments across Europe brought in the measures, which backers argue are necessary in the fight against terrorism and organised crime.
Record Industry Goes After Personal Use
In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.
The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.
At the Thomas trial in Minnesota, Sony BMG's chief of litigation, Jennifer Pariser, testified that "when an individual makes a copy of a song for himself, I suppose we can say he stole a song." Copying a song you bought is "a nice way of saying 'steals just one copy,'" she said.
The RIAA's legal crusade against its customers is a classic example of an old media company clinging to a business model that has collapsed.
Apple Forces Rumors Site To Shut Down
For a few years now, there's been a legal battle going on between Apple and Think Secret, a very popular Apple rumors site for publishing certain rumors. The lawsuit had many people up in arms, as they pointed out that Think Secret should be protected in the same way a newspaper is protected (and noting that Apple would never sue the WSJ the way it sued Think Secret).
While the case has dragged on, unfortunately, Apple won some of the legal battles.
The guy behind Think Secret notes that he never gave up the source, and calls this settlement amicable -- but it sets a horrible precedent for plenty of sites, and may create quite the chilling effect on reporters and bloggers alike.
TorrentSpy hands Hollywood victory
The Motion Picture Industry Ass of America has won an unexpected victory after a Los Angeles Court terminated a copyright lawsuit against TorrentSpy in its favour.
The Dutch-based site bills itself as the largest BitTorrent search engine.
"The court finds that plaintiffs have suffered prejudice, to the extent that a rightful decision is not possible," Judge Florence-Marie Cooper concluded, citing false statements and "widespread and systematic efforts to destroy evidence".
TorrentSpy's San Francisco-based lawyer Ira Rothken denied it had destroyed evidence, but said it did so to protect users.
TorrentSpy now faces a financial penalty, the size of which has yet to be determined.
Nokia Claims Ogg Format is "Proprietary"
Several months ago a workgroup of the W3C decided to include Ogg/Theora+Vorbis as the recommended baseline video codec standard for HTML5, against Apple's aggressive protest. Now, Nokia seems to be seeking a reversal of that decision: they have released a position paper calling Ogg 'proprietary' and citing the importance of DRM support. Nokia has historically responded to questions about Ogg on their internet tablets with strange and inconsistent answers, along with hand waving about their legal department. This latest step is enough to really make you wonder what they are really up to.
Animal rights activist hit with RIPA key demand
Section Three of the Regulation of Investigatory Powers Act (RIPA) came into force at the start in October 2007, seven years after the original legislation passed through parliament. Intended primarily to deal with terror suspects, it allows police to demand encryption keys or provide a clear text transcript of encrypted text.
Failure to comply can result in up to two years imprisonment for cases not involving national security, or five years for terrorism offences and the like. Orders can be made to turn over data months or even years old.
But an animal rights activist is one of the first people at the receiving end of a notice to give up encryption keys. Her computer was seized by police in May, and she has been given 12 days to hand over a pass-phrase to unlock encrypted data held on the drive - or face the consequences.
Prince to sue The Pirate Bay
Continuing an aggressive campaign to defend his copyrights, pop star Prince is preparing to file lawsuits in three countries--including the United States--against The Pirate Bay, CNET News.com has learned.
The Pirate Bay does not host any unauthorized movie files, but the service is internationally famous for being a highly effective pirate tool.
Within the next few days, Prince will file similar suits against The Pirate Bay in the U.S., France, a country with laws favorable to copyright owners, and Sweden, where The Pirate Bay is based.
Prince has hired Giacobbi and Web Sheriff, a service that protects copyright materials from Internet piracy, to coordinate the legal challenges against The Pirate Bay and others who the singer believes has violated his copyright.
In September, the singer said he planned to take legal action against The Pirate Bay, YouTube, and eBay. As of Friday, Prince's lawsuits appeared to be solely targeted at The Pirate Bay.
By suing The Pirate Bay in three different countries, Prince is hoping to put financial pressure on the service, Giacobbi said. Copyright laws in the United States and France would make it nearly impossible for a site like The Pirate Bay to triumph, he claimed.
Burglar 'too good' for crime
A veteran Austrian burglar was acquitted after a court agreed he was too experienced to have committed the crime was accused of.
Roland Friis, Stummer's lawyer, said: "He is experienced enough to never break into a building secured by an alarm."
"Also, no halfway reasonable burglar would use such needle nose pliers for a job, and my client would have surely worn gloves. In fact it is almost an insult to accuse him of such a dilettante approach."
RIAA Fights to Avoid Attorney Fees
The music-industry lobbying-and-litigation arm is protesting a federal magistrate's recommendation that it cough up hundreds of thousands of dollars in legal fees for an Oregon woman.
The RIAA dropped the case this summer against Andersen, months after concluding her hard drive didn't contain any purloined music tracks.
The RIAA is arguing in court documents that the association shouldn't have to pay defense counsel fees, because Andersen is probably guilty anyway.
Patton wrote in court records that the RIAA dropped the Andersen case because "the computer inspection was inconsistent and inconclusive insofar as digital evidence of the infringing sound recordings could not be found."
Labels Sue Usenet Service
Major record companies have filed a copyright infringement lawsuit against Usenet.com, Billboard.biz has learned.
The suit claims that the usenet.com service sells access to content that includes millions of unauthorized music files and "touts its service as a haven for those seeking pirated content."
Specifically, the complaint alleges, usenet.com loads online bulletin boards or "newsgroups" obtained from the usenet network onto its server. It then sells access to the newsgroups that it has chosen to host on its usenet.com service. The suit claims that many of the newsgroups that usenet.com chooses to offer "are explicitly dedicated to copyright infringement."
The labels seek an unspecified amount of damages, an injunction and a declaration that the company is infringing copyrighted works.