Developages - Development and Technology Blog

NewYorkCountryLawyer writes “RDR Books, the would-be publisher of the book version of the ‘Harry Potter Lexicon’ Web site, has filed an appeal from the Judge’s decision in Warner Bros. Pictures v. RDR Books, the case involving the Harry Potter Lexicon. The Judge, after a bench trial, issued an injunction and awarded statutory damages of $6,750 (as we discussed at the time), holding that the Lexicon was not protected by fair use due to (a) sloppiness in attribution in sections, (b) the length of some of the quotes, and (c) imitation of J. K. Rowling’s writing style in portions. I recently wrote an article criticizing the opinion, but doubting that an appeal would be taken in view of the small damages award. I guess I underestimated the resolve of the defendants and defendants’ lawyers — who include the Stanford Law School Center for Internet and Society.”

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Original post by kdawson

In September, we discussed a class-action suit filed against Electronic Arts over the DRM in Spore. Now, two new class-action suits have been filed that target the SecuROM software included in a free trial of the Spore Creature Creator (PDF) and in The Sims 2: Bon Voyage (PDF). If this sort of legal reprisal continues to catch on, EA could be seeing quite a few class-action suits in the future. One of the suits accuses: “The inclusion of undisclosed, secretly installed DRM protection measures with a program that was freely distributed constitutes a major violation of computer owners’ absolute right to control what does and what does not get loaded onto their computers, and how their computers shall be used … [SecuROM] cannot be completely uninstalled. Once installed it becomes a permanent part of the consumer’s software portfolio … EA’s EULA for Spore Creature Creator Free Trial Edition makes utterly no mention of any Technical Protection Measures, DRM technology, or SecuROM whatsoever.”

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Original post by Soulskill

NewYorkCountryLawyer writes “You may recall that when the RIAA decided to run away with its tail between its legs in the long running Brooklyn case against a home health aide who has never used a computer, UMG v. Lindor, it decided to take some parting shots at the defendant and NewYorkCountryLawyer, asking for ‘discovery sanctions,’ and blaming them for its inability to prove its case. Today NYCL gave them his response, accusing the RIAA lawyers of persistent misstatements of fact (PDF) throughout their motion papers, and of flouting the rules and misstating the law (PDF). Although the RIAA’s motion papers took a number of shots at NYCL’s copyright law blog, ‘Recording Industry vs. The People,’ NYCL confined his response on that subject to a single footnote.”

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Original post by timothy

tsa writes “In a predictable move, TDS Telecom has filed an appeal after its complaint against Monticello, Minnesota’s new fiber network was tossed by a county judge in early October. As you may remember, the city decided to build its own fiber-optic network after the telco made it clear they wouldn’t build it because it wouldn’t be economically feasible for them. TDS Telecom then changed its mind and sued the city for unfair competition.”

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Original post by Soulskill

mikesd81 writes to tell us that four Google employees may be facing charges of defamation and failure to control personal data simply because they didn’t remove a video of a boy with Down’s Syndrome being harassed and eventually hit over the head with a box of tissue, from Google Video. The video was posted in September of 2006 and was removed by Google within a day of receiving the initial complaints, but apparently that isn’t fast enough. “Google maintains charges against the employees are unwarranted, Pancini said. Europe’s E-commerce Directive exempts service providers from prescreening content before it is publicly posted, he said. Also, the video was technically uploaded to a Google server in the U.S., not in Italy, Pancini said. ‘It was a terrible video,’ Pancini said, adding that Google is concerned about the case’s impact on censorship on the Internet. The defendants include David C. Drummond, a Google senior vice president, corporate development and chief legal officer. Pancini said Drummond did paperwork to create Google Italy, but has never lived in the country.”

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Original post by ScuttleMonkey

Khashishi writes “The LA times and the Associated Press report that the FCC v. Fox Television Stations case is being heard in the Supreme Court. The FCC policy would impose a heavy fine on use of ‘indecent′ words on broadcast television, which Fox and others are claiming is a violation of free speech. The case was appealed after being ruled in Fox’s favor in a federal appeals court in New York. Chief Justice John G. Roberts Jr. and Justice Antonin Scalia support the FCC policy of censorship.” Here’s a transcript (PDF) of the oral arguments.

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Original post by timothy

An anonymous reader writes “Diebold Inc. and its subsidiary, Premier Election Solutions, is using Ghostscript in its electronic election systems even though Diebold and PES ‘have not been granted a license to modify, copy, or distribute any of Artifex’s copyrighted works,’ Artifex claims in court papers filed late last month in US District Court for Northern California. The gs-devel list first brought up the possible GPL violation a year ago.”

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Original post by kdawson

dtjohnson writes “A Harvard law school professor has submitted arguments on behalf of Joel Tenenbaum in RIAA v. Tenenbaum in which Professor Charles Neeson claims that the underlying law that the RIAA uses is actually a criminal, rather than civil, statute and is therefore unconstitutional. According to this article, ‘Neeson charges that the federal law is essentially a criminal statute in that it seeks to punish violators with minimum statutory penalties far in excess of actual damages. The market value of a song is 99 cents on iTunes; of seven songs, $6.93. Yet the statutory damages are a minimum of $750 per song, escalating to as much as $150,000 per song for infringement “committed willfully.”‘ If the law is a criminal statute, Neeson then claims that it violates the 5th and 8th amendments and is therefore unconstitutional. Litigation will take a while but this may be the end for RIAA litigation, at least until they can persuade Congress to pass a new law.”

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Original post by timothy

NewYorkCountryLawyer writes “The Boston judge who has consolidated all of the RIAA’s Massachusetts cases into a single case over which she has been presiding for the past 5 years delivered something of a rebuke to the RIAA’s lawyers, we have learned. At a conference this past June, the transcript of which (PDF) has just been released, Judge Nancy Gertner said to them that they ‘have an ethical obligation to fully understand that they are fighting people without lawyers… to understand that the formalities of this are basically bankrupting people, and it’s terribly critical that you stop it …’ She also acknowledged that ‘there is a huge imbalance in these cases. The record companies are represented by large law firms with substantial resources,’ while it is futile for self-represented defendants to resist. The judge did not seem to acknowledge any responsibility on her part, however, for having created the ‘imbalance,’ and also stated that the law is ‘overwhelmingly on the side of the record companies,’ even though she seems to recognize that for the past 5 years she has been hearing only one side of the legal story.”

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Original post by CmdrTaco

James Gleick writes “Authors, publishers, and Google are announcing a huge settlement deal today in their lawsuits over the scanning of millions of copyrighted books in library collections. Google has agreed to a huge payout for books that were scanned without permission, but now they’ll be allowed to scan the books legitimately. Most important, they’ll be able to put millions of books online, including those still in copyright–not just for searching and not just in snippets. There is a groundbreaking new licensing system meant to make the books as widely available as possible while protecting the authors’ copyrights and enabling them to share in the revenue. Some will differ, but personally I think this is a wonderful outcome, for readers and for authors alike.”

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Original post by timothy

NewYorkCountryLawyer writes “In a landmark ruling, a Canadian court has ruled that a web site’s publication of hyperlinks to an allegedly defamatory web site is not in and of itself a ‘publication,’ and therefore cannot in and of itself constitute defamation. In a 10-page decision [PDF], Crookes v. Wikimedia, Sup. Ct., British Columbia, Judge Keller dismissed the libel case against Jon Newton, the publisher of Ѣpnet.net, which was based on the fact that his article contained links to the allegedly defamatory site, since hyperlinks, the Court reasoned, are analogous to footnotes, rather than constituting a ‘republication.’ Mr. Newton was represented in the case by famous libel, slander, and civil liberties lawyer Dan Burnett of Vancouver, British Columbia.”

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Original post by ScuttleMonkey

techmuse writes “According to a series of tubes sites, Senator Ted Stevens has been found guilty of lying about free home renovations that he received from an oil contractor. He faces up to 5 years in jail, and the outcome of his current reelection bid is now in doubt. ‘The conviction came after a tumultuous week in the jury room. First there were complaints about an unruly juror, then another had to be replaced when she left Washington following the death of her father. Finally, jurors on Monday discovered a discrepancy in the indictment that had been overlooked by prosecutors. Jury deliberations in this historic trial have at times been as contentious as some of the proceedings The Justice Department indicted Stevens on July 29, and the Alaska Republican took a huge legal gamble and asked for a speedy trial in order to resolve the charges before Election Day. Judge Emmet Sullivan complied with Stevens’ request, and in less than three months from the time of his indictment, Stevens was found guilty.’”

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Original post by ScuttleMonkey

tsa writes “Last week, the Dutch court subjected two kids of ages 15 and 14 to 160 hours of unpaid work or 80 days in jail, because they stole virtual property from a 13-year-old boy. The boy was kicked and beaten and threatened with a knife while forced to log into Runescape and giving his assets to the two perpetrators. This ruling is the first of its kind for the Netherlands. Ars Technica has some more background information.” In Japan, meanwhile, a woman has been arrested for “illegally accessing a computer and manipulating electronic data” after (virtually) killing her (virtual) husband.

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Original post by timothy

JohnHegarty writes “A Kentucky judge has upheld that state’s seizure of some of the world’s most popular online casino domain names, ruling they constitute a “gambling device″ that is subject to Kentucky’s anti-gambling laws.” Wasn’t it surreal enough on the first round?

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Original post by timothy

Filed under: Gaming

Don’t even try to deny it — you’ve been holding one mean grudge against that ridiculously accurate DeepNote bot ever since you saw it dominate Guitar Hero in mid-July. Really though, all that pent up aggression is completely unnecessary, and if you’ve been fruitlessly aiming to concoct one of your own, we’ve found the perfect place to start. The video posted up after the jump gives a fantastic overview of how the device actually works, and while it’s far (very far) from simple, it’s nothing the seasoned DIYer couldn’t handle on an extended weekend. Give it a look if you’re head over heels for PCBs and flashing LEDs (oh, and shameless rock ‘n roll).

[Thanks, Jeremy]

Continue reading DeepNote Guitar Hero bot reveals its secrets on video

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Original post by Darren Murph