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No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


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You Only Click Twice | 282 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Apple's Schiller blasts Android, Samsung on Galaxy's eve
Authored by: N_au on Wednesday, March 13 2013 @ 10:13 PM EDT
I don't know what this guy was smoking or is he just believing what some apple fanbois are saying. To quote:
the out-of-the-box experience of using an Android device is far inferior with the consumer having to log into nine different systems to begin using the device fully

I have 4 different Android devices and on not one have I had to setup more than ONE account to use it. That is my Google account and I can use it fully. Now if you buy a Samsung which I don't own but have setup a friends Galaxy 2 10.1 all you need is setup your Gmail account. But there is a lot of software added by Samsung and other manufacturers that may need you to setup an account. eg. facebook, twitter, and other email accounts, which you would have to do on a apple as well.
The link to story

......

[ Reply to This | Parent | # ]

Fair Use Win
Authored by: Anonymous on Wednesday, March 13 2013 @ 10:28 PM EDT
Justia.com Opinion Summary: In this copyright infringement suit, SOFA claimed that Dodger infringed its copyright in using a seven-second clip of Ed Sullivan's introduction of the Four Seasons on "The Ed Sullivan Show" and could not justify its unlicensed use of the clip as "fair use." The clip was used in Dodger's musical about the Four Seasons, "Jersey Boys," to mark a historical point in the band's career. The court held that, by using the clip for its biographical significance, Dodger has imbued it with new meaning and did so without usurping whatever demand there was for the original clip. Dodger was entitled to prevail on its fair use defense as a mater of law and to retain the attorney's fees award granted by the district court.

SOFA Entertainment, Inc. v. Dodger Productions, Inc., et al, (9th Cir., March 11, 2013).

[ Reply to This | Parent | # ]

European Court of Human Rights rejects appeal PiarateBay leaders
Authored by: Anonymous on Thursday, March 14 2013 @ 12:13 AM EDT
MBB

PDF (appearently only in french...)


Case with PDF
http://hudoc.echr.coe.int/sites/eng-press/Pages/search.aspx#{"sort":["kpdate Descending"],"itemid":["003-4288978-5121730"]}"

Google tranlate quote:
The Court said that the sharing or the act of
facilitating the sharing of such files
Internet, even data protected by copyright and
for profit, is the right to "receive and impart information"
within the meaning of Article 10 (freedom
expression). However, it considers that the courts
have made a fair balancing of competing interests -
namely the applicants' right to receive and impart
information and the need to protect copyright -
when they convicted the applicants and, therefore,
dismissed the motion for manifestly unfounded.

[ Reply to This | Parent | # ]

Sherlock Holmes and the Case of the Public Domain
Authored by: Anonymous on Thursday, March 14 2013 @ 01:47 AM EDT
In a suit filed recently in federal court in Chicago[1], a top Sherlock Holmes scholar alleged that many licensing fees paid to the Arthur Conan Doyle estate have been unnecessary, since the main characters and elements of their story derive from materials in the public domain. The suit was brought by Leslie S. Klinger, the editor of the 3,000-page “Annotated Sherlock Holmes” and other Sherlock Holmes-related books. It stems from his book “In the Company of Sherlock Holmes,” a collection of new Sherlock Holmes stories by various authors, edited by Klinger and his co-editor Laurie King to be published by Pegasus Books.

[...]

According to the lawsuit all the Sherlock Holmes stories entered the public domain under the laws of the United Kingdom and Canada in 1980. However, with the passage of the U. S. Copyright Act of 1976 the author of a work that had passed into the public domain in the United States, or his heirs, were entitled to restore the work to copyright in the United States under certain conditions. In 1981, Dame Jean Conan Doyle, the last surviving child of Sir Arthur Conan Doyle, applied for registration of the copyright to “The Case-Book of Sherlock Holmes,” a collection of stories. This work is comprised of 12 stories that were first published in various periodicals between 1921 and 1927, and the collection was first published as a book in the United States in 1927.

The complaint asserts that the Doyle estate sent a letter to Pegasus Books threatening to prevent publication of “In the Company of Sherlock Holmes” unless it was paid a license fee.

Mark Litwak, Independent Filmmaker Project
Mark Litwak is a veteran entertainment attorney

h/t Boing Boing

[ Reply to This | Parent | # ]

Happy Pi Day
Authored by: JamesK on Thursday, March 14 2013 @ 07:48 AM EDT
Today is Pi Day! Get out there and celebrate!!! ;-)

---
The following program contains immature subject matter.
Viewer discretion is advised.

[ Reply to This | Parent | # ]

UPDATE 1-Analysis "strongly indicates" Higgs boson found - CERN
Authored by: JamesK on Thursday, March 14 2013 @ 07:56 AM EDT
Analysis of the tracks of an elementary particle found in the Large Hadron Collider last year "strongly indicates" that it is the long-sought Higgs boson, the CERN physics research centre said on Thursday.

---
The following program contains immature subject matter.
Viewer discretion is advised.

[ Reply to This | Parent | # ]

Boys, retention, and multiple regression
Authored by: Anonymous on Thursday, March 14 2013 @ 12:19 PM EDT
Assume boys and girls are identical, except: there's something in the water at high schools that causes boys to do worse than girls; and there's something in the water at universities that causes boys to do worse than girls.

Suppose you had a data set for all university students, that told you for each student i: that student's performance at university Ui; that student's performance at high school Hi; and that student's sex Si (Si=1 for male, Si=0 for female).

Suppose you ran a multiple regression of Ui on Hi and Si:

Ui = a + bHi + cSi + ei

What would you expect to find?

Nick Rowe, Worthwhile Canadian Initiative

[ Reply to This | Parent | # ]

What's Fake about Canada's Anti-Counterfeiting Bill
Authored by: Anonymous on Thursday, March 14 2013 @ 01:27 PM EDT
Bill C-56 seems natural to support on surface but hides dangerous measures

With only limited fanfare, earlier this month Industry Minister Christian Paradis introduced Bill C-56, the Combating Counterfeit Products Act. Since no one supports counterfeit products -- there are legitimate concerns associated with health and safety -- measures designed to address the issue would presumably enjoy public and all-party support. Yet within days of its introduction, the bill was the target of attacks from both opposition parties and the public.

[...]

With Europe and Switzerland both out of the agreement, there are only nine countries left. The U.S. apparently sees Canada as an easy target for support, leading to mounting pressure to implement the bill.

That leaves Canadians with Bill C-56, which may be characterized as a counterfeiting bill, but whose primary objective appears to be to satisfy U.S. pressure to implement an agreement that the majority of our major trading partners have either never signed or flatly rejected.

Michael Geist, The Tyee

[ Reply to This | Parent | # ]

"AVG's anti-virus software mistook a Windows system file for a trojan..."
Authored by: Anonymous on Thursday, March 14 2013 @ 02:03 PM EDT
An honest mistake. I suppose they will have to exempt some code that may
possibly resemble a characteristic or two of trojan like software.

http://www.h-online.com/security/news/item/AVG-anti-virus-software-mistakes-Wind
ows-system-file-for-a-trojan-1823171.html

The above is deliberately not click-able. You can copy and paste in your
browser.

jm

[ Reply to This | Parent | # ]

One last chance for Prenda Law?
Authored by: Anonymous on Thursday, March 14 2013 @ 05:11 PM EDT

It looks like Judge Wright has provided Prenda with one last chance before he starts infering...

RAS

[ Reply to This | Parent | # ]

Think Progress defends Justices Roberts' and Thomas' record on social issue.
Authored by: Anonymous on Thursday, March 14 2013 @ 07:13 PM EDT
Okay, admittedly at OT goes, this one is pretty far off. And the issue is singular. Nonetheless, it does illustrate the importance of vocally supporting those one might otherwise oppose when they get one thing absolutely right: T op Anti-Gay Attorney Insults Chief Justice Roberts And Justice Thomas’ Decisions To Adopt Children. Good on Ian Millhiser and editors at Think Progess.

Ed L (not logged in)

[ Reply to This | Parent | # ]

Top Credit Agencies Say Hackers Stole Celebrity Reports
Authored by: Anonymous on Thursday, March 14 2013 @ 07:38 PM EDT
Bloomberg's explanation implies it was relatively simple engineering, not some complex crack, and Krebs on Security tells us that it was made easier by a legal requirement to provide this info to the people it referred to. Should we be praising the Russian under-web for providing this data cheaper than the credit agencies' cartel?

[ Reply to This | Parent | # ]

You Only Click Twice
Authored by: Anonymous on Thursday, March 14 2013 @ 08:03 PM EDT
This post describes the results of a comprehensive global Internet scan for the command and control servers of FinFisher’s surveillance software. It also details the discovery of a campaign using FinFisher in Ethiopia used to target individuals linked to an opposition group. Additionally, it provides examination of a FinSpy Mobile sample found in the wild, which appears to have been used in Vietnam.
citizenlab.orgM

[ Reply to This | Parent | # ]

Which Linux Distro?
Authored by: OpenSourceFTW on Thursday, March 14 2013 @ 08:44 PM EDT
I'm currently setting up to switch from Win 7 home premium to Linux on my Dell
lappy.

I have used Mint Linux in the past, but I'm a bit of a linux noob (I want to
learn).

I'm leaning towards Fedora 18.

Any thoughts?

[ Reply to This | Parent | # ]

Samsung S IV hands-on: First look
Authored by: Anonymous on Thursday, March 14 2013 @ 08:57 PM EDT
If Schiller was worried, well, he should be...

[ Reply to This | Parent | # ]

Netflix on Linux Distros
Authored by: UncleVom on Thursday, March 14 2013 @ 11:28 PM EDT
I can watch Netflix on my Android TV USB dongle so I know this isn't a case of Microsoft Silverlight only.

But there seems to be a resistance to enabling you usual Linux distros. I'm a Debian user.

Yes I know there are Wine hacks and virtual machine hacks.

I have heard that it is because there are important people involved with large numbers of Microsoft shares and I've also heard the excuse that Linux users are pirates. I have also read that Linux support is coming soon......forever.

Now on The Register I read this... Here

It makes me upset that they can benefit from Linux and open source without supporting its end users. Am I over reacting?

[ Reply to This | Parent | # ]

New results indicate that particle discovered at CERN is a Higgs boson
Authored by: Anonymous on Thursday, March 14 2013 @ 11:28 PM EDT
At the Moriond Conference today, the ATLAS and CMS collaborations at CERN's Large Hadron Collider (LHC) presented preliminary new results that further elucidate the particle discovered last year.

Having analysed two and a half times more data than was available for the discovery announcement in July, they find that the new particle is looking more and more like a Higgs boson, the particle linked to the mechanism that gives mass to elementary particles. It remains an open question, however, whether this is the Higgs boson of the Standard Model of particle physics, or possibly the lightest of several bosons predicted in some theories that go beyond the Standard Model. Finding the answer to this question will take time.

Whether or not it is a Higgs boson is demonstrated by how it interacts with other particles, and its quantum properties.

http://home.web.cern.ch/about/updates/2013/03/new-results-indicate-new-particle- higgs-boson

[ Reply to This | Parent | # ]

ADTI on Wikipedia
Authored by: Anonymous on Friday, March 15 2013 @ 10:16 AM EDT

I was looking at the ADTI entry on Wikipedia, and it is pitiful.

Does anyone have a list of citations they could add? This call out also goes
for any article regarding Tech, including Groklaw's. Wikipedia needs
citations, and you are the people who know how to find them.

Wayne
http://madhatter.ca

[ Reply to This | Parent | # ]

Mozilla’s Intention to Block Third-Party Cookies Bad for Business
Authored by: Anonymous on Friday, March 15 2013 @ 10:30 AM EDT
The Interactive Advertising Bureau strongly opposes the scheme by Mozilla to block third-party cookies by default in upcoming releases of its Firefox browser, and we vigorously encourage both the non-profit Mozilla Foundation and its for-profit subsidiary the Mozilla Corporation, which is reconfiguring the Firefox browser, to abandon this proposed change.

This move will not put the interest of users first. Nor does it promote transparency or “move the web forward,” as Mozilla claims in its announcement. It will not advance Mozilla’s objective, as stated in its bylaws, of “promoting choice and innovation on the Internet,” but will, instead, impede both. If Mozilla follows through on its plan to block all third-party cookies, the disruption will disenfranchise every single internet user.

All of us will lose the freedom to choose our own online experiences; we will lose the opportunity to monitor and protect our privacy; and we will lose the chance to benefit from independent sites like RightWingNews.com LiberalOasis.com, MotherhoodWTF.com, and SuburbanDaddy.com because thousands of small businesses that make up the diversity of content and services online will be forced to close their doors.

Finally, as a journalist for most of my professional life and a reader for 53 years, I object—as I hope all journalists and readers would object—to any move like this, which empowers a handful of giant technology companies to control and impede the flow of news, information, and entertainment that characterizes the richness and openness of the ad-supported Internet.

Randall Rothenberg, President & CEO, Interactive Advertising Bureau

not surprised to see Microsoft on the board, Yahoo too, but Google? really?

[ Reply to This | Parent | # ]

Hacked for fun
Authored by: Gringo_ on Friday, March 15 2013 @ 12:49 PM EDT

Hackers play Space Invaders on Belgrade billboard, get rewarded with iPads

In the wake of hackers getting prosecuted, it's nice to hear some good news.

by Cyrus Farivar - ars technica

Sadly, far too often we hear about hackers getting punished for their exploits—even when the hack doesn’t really damage anyone. (RIP Aaron Swartz.)

Today, however, two people are being rewarded for a fun, harmless hack. After taking over a prominent electronic billboard in Belgrade, installing Space Invaders on it, and playing it via their iPhones for 20 minutes, two Serbian students were rewarded by the billboard's owner with two iPad mini 4Gs.

Link (includes video)

[ Reply to This | Parent | # ]

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