The Courts

Adblock Plus Victorious Again In Court 177

Posted by samzenpus
from the win-again dept.
New submitter Xochil writes: AdBlock Plus has successfully defended itself in court for the second time in five weeks. The Munich Regional Court ruled against media companies ProSiebenSat1 and IP Deutschland. The companies sued Eyeo, the company behind Adblock Plus, asking the court to ban the distribution of the free ad-blocking software, saying it hurts their ad-based business model. An Eyeo release says in part: "We are elated at the decision reached today by the Munich court, which is another win for every internet user. It confirms each individual’s right to block annoying ads, protect their privacy and, by extension, determine his or her own internet experience. This time it also confirms the legitimacy of our Acceptable Ads initiative as a compromise in the often contentious and rarely progressive world of online advertising."
Security

Insurer Won't Pay Out For Security Breach Because of Lax Security 111

Posted by Soulskill
from the ounce-of-prevention-is-worth-a-ton-of-green dept.
chicksdaddy writes: In what may become a trend, an insurance company is denying a claim from a California healthcare provider following the leak of data on more than 32,000 patients. The insurer, Columbia Casualty, charges that Cottage Health System did an inadequate job of protecting patient data. In a complaint filed in U.S. District Court in California, Columbia alleges that the breach occurred because Cottage and a third party vendor, INSYNC Computer Solution, Inc. failed to follow "minimum required practices," as spelled out in the policy. Among other things, Cottage "stored medical records on a system that was fully accessible to the internet but failed to install encryption or take other security measures to protect patient information from becoming available to anyone who 'surfed' the Internet," the complaint alleges. Disputes like this may become more common, as insurers anxious to get into a cyber insurance market that's growing by about 40% annually use liberally written exclusions to hedge against "known unknowns" like lax IT practices, pre-existing conditions (like compromises) and so on.
Patents

Supreme Court Rules In Favor of Patent Troll 76

Posted by Soulskill
from the clarence-thomas-speechless-at-the-verdict dept.
An anonymous reader writes: The Supreme Court ruled today (PDF) that Cisco Systems can't skip out of a patent suit against them from patent troll Commil USA. The case reached the Supreme Court because Cisco argued it had a "good faith belief" that the patent they were infringing was invalid. The justices voted 6-2 that such a belief didn't matter if they were indeed infringing. The Supreme Court's opinion is that a company must know of the patent it's infringing, and that their product infringes upon the patent — which, at least, is more than what Commil was pushing.

The case isn't completely over — a $63.7 million verdict in Commil's favor was overturned by an Appeals Court, and now the Supreme Court has sent it back down for re-evaluation after it clarified the rules of infringement. The Appeals Court could still overturn the judgment for some other reason. The good news is that the Supreme Court dedicated a page in their opinion to telling lower courts how to sanction patent trolls and keep them from clogging the courts with ridiculous claims. "[I]t is still necessary and proper to stress that district courts have the authority and responsibility to ensure frivolous cases are dissuaded."
Transportation

Court Orders UberPop Use To Be Banned In All of Italy 201

Posted by timothy
from the fiat-accompli dept.
An anonymous reader writes: A judicial court in Italy has ordered the UberPop app to cease offering its services [original source, in Italian], as it constitutes "unfair competition" again the taxi sector (taxi licenses in Italy are numbered, each can cost more than $100k to obtain). This sentence should be valid at the national level and comes after an injunction from taxi drivers in Milan, where a Universal Exhibition is incidentally bringing in thousands visitors from all over the world on a daily basis. Sources mention a judicial request to "block" the app, though no one is sure how this sentence has to be enforced and what the fines would be in case of violations.
Privacy

San Bernardino Sheriff Has Used Stingray Over 300 Times With No Warrant 99

Posted by samzenpus
from the was-that-wrong? dept.
An anonymous reader writes: After a records request by Ars, the sheriff in San Bernardino County (SBSD) sent an example of a template for a "pen register and trap and trace order" application. The county attorneys claim what they sent was a warrant application template, even though it is not. The application cites no legal authority on which to base the request. "This is astonishing because it suggests the absence of legal authorization (because if there were clear legal authorization you can bet the government would be citing it)," Fred Cate, a law professor at Indiana University, told Ars. "Alternatively, it might suggest that the government just doesn't care about legal authorization. Either interpretation is profoundly troubling," he added. Further documents reveal that the agency has used a Stingray 303 times between January 1, 2014 and May 7, 2015.
Communications

NSA-Reform Bill Fails In US Senate 135

Posted by timothy
from the couldn't-have-happened-to-a-nicer-bill dept.
New submitter Steven King writes with a link to The Daily Dot's report that the U.S. Senate has rejected the controversial USA Freedom Act, thus "all but guaranteeing that key provisions of the USA Patriot Act will expire"; had it passed, the bill would have allowed continued use of some mass data-collection practices, but with the addition of stronger oversight. From the article: The Senate failed to reach agreement on passage of the USA Freedom Act, a bill to reauthorize and reform Section 215 of the USA Patriot Act, which the government has used to conduct bulk surveillance of Americans' phone records. The House of Representatives passed the bill last week by an overwhelming bipartisan majority, but Senate Democrats, who unified behind the bill, did not get enough Republican votes to assure passage. The linked piece also mentions that the EFF shifted its position on this bill, after a panel of Federal judges ruled that the Feds at the NSA had overstepped their bounds in collecting a seemingly unlimited trove of metadata relating to American citizen's phone calls.
Piracy

Australian ISP Offers Pro-bono Legal Advice To Accused Pirates 66

Posted by timothy
from the they-got-really-skinny-for-the-role-too dept.
New submitter thegarbz writes: As covered previously, after losing a legal battle against Dallas Buyers Club and Voltage Pictures the Federal Court of Australia asked ISP iiNet to hand over details of customers allegedly downloading the movie The Dallas Buyers Club. iiNet has now taken the unprecedented move to offer pro-bono legal advice to all of its customers targeted over piracy claims. "It is important to remember that the Court's findings in this case do not mean that DBC and Voltage's allegations of copyright infringement have been proven," Ben Jenkins, financial controller for iiNet wrote. Also, as part of the ruling the court will review all correspondence sent to alleged copyright infringers in hopes to prevent the practice of speculative invoicing. Unless it can be proven exactly how much and and with how many people a film was shared the maximum damages could also be limited to the lost revenue by the studio, which currently stands at $10AU ($7.90US) based on iTunes pricing.
Businesses

Take Two Sues BBC Over Drama About GTA Development 81

Posted by timothy
from the too-soon-too-soon dept.
An anonymous reader writes: Take Two Interactive, the parent company of Rockstar Games, is suing the BBC for trademark infringement over its planned "making of GTA" drama, Game Changers. The 90-minute movie was created without the involvement of the studio, which rarely comments on the GTA series' development outside of organised press events. (It is expected that it will draw upon the public conflict between Sam Houser and notorious anti-gaming crank Jack Thompson, via the expose "Jacked" by David Kushner.) After direct negotiations with the BBC failed, Take Two brought suit to "ensure that [their] trademarks are not misused." The details of the suit, Rockstar's objections, and the penalties sought, are not yet known.
Government

US Proposes Tighter Export Rules For Computer Security Tools 126

Posted by timothy
from the we'd-like-to-inspect-that-package dept.
itwbennett writes: The U.S. Commerce Department has proposed tighter export rules for computer security tools and could prohibit the export of penetration testing tools without a license. The proposal would modify rules added to the Wassenaar Arrangement in 2013 that limit the export of technologies related to intrusion and traffic inspection. The definition of intrusion software would also encompass 'proprietary research on the vulnerabilities and exploitation of computers and network-capable devices,' the proposal said.
Canada

Canadian Piracy Rates Plummet As Industry Points To New Copyright Notice System 224

Posted by samzenpus
from the no-downloading-for-you dept.
An anonymous reader writes: Canada's copyright notice-and-notice system took effect earlier this year, leading to thousands of notifications being forwarded by Internet providers to their subscribers. Since its launch, there have been serious concerns about the use of notices to demand settlements and to shift the costs of enforcement to consumers and Internet providers. Yet reports indicate that piracy rates in Canada have plummeted, with some ISPs seeing a 70% decrease in online infringement.
Crime

Swedish Court Orders Seizure of Pirate Bay Domains 55

Posted by timothy
from the grand-mal dept.
The Pirate Bay will probably never be the darling of any government; we've seen various Pirate Bay domains cracked down on, and the arrests of site founders. An anonymous reader writes now with the news reported this morning by TorrentFreak that: the Stockholm District Court has ordered two key domains owned by The Pirate Bay to be seized. While the ruling means that the site will lose its famous ThePirateBay.se domain, don't expect the site to simply disappear. TPB informs TorrentFreak that they have plenty more domains left in store. From the point of view of the down-crackers, It's a hard problem, particularly when it's easy for people to spin up their own instances of the site.
Patents

Court of Appeals Says Samsung's Legal Payments To Apple Should Be Reduced 66

Posted by samzenpus
from the lower-my-bill dept.
Mark Wilson writes: Patent lawsuits in the world of technology are nothing new, and the case between Apple and Samsung resulted in one of the largest fines ever being handed down. Samsung was order to pay $930 million in damages after a court found that the company had violated Apple patents with its smartphone and tablet designs. Today the US Court of Appeals for the Federal Circuit overturned part of the original ruling, saying that the jury was wrong to say that Samsung infringed on Apple's trade dress intellectual property. The exact details of what this will mean are yet to come out, but it should lead to a fairly hefty reduction in Samsung's legal costs.
Businesses

FTC Recommends Conditions For Sale of RadioShack Customer Data 54

Posted by samzenpus
from the rules-of-the-game dept.
itwbennett writes: The FTC has weighed in on the contentious issue of the proposed sale of consumer data by RadioShack, recommending that a settlement with failed online toy retailer Toysmart.com be adopted as a model for dealings going forward. Director of the FTC's bureau of consumer protection Jessica L. Rich wrote in a letter to a court-appointed consumer privacy ombudsman that the agency's concerns about the transfer of customer information inconsistent with RadioShack's privacy promises "would be greatly diminished if certain conditions were met." These include: that the data was not sold standalone, and if the buyer is in the same lines of business, they agree to be bound by the same privacy policies.
Government

North Carolina Still Wants To Block Municipal Broadband 289

Posted by Soulskill
from the because-competition-has-no-place-in-capitalism dept.
An anonymous reader writes: In February, when the FCC rolled out its net neutrality rules, it also voted to override state laws that let Texas and North Carolina block ISPs created by local governments and public utilities. These laws frequently leave citizens facing a monopoly or duopoly with no recourse, so the FCC abolished them. Now, North Carolina has sued the FCC to get them back. State Attorney General Roy Cooper claims, "the FCC unlawfully inserted itself between the State and the State's political subdivisions." He adds that the new rule is "arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act; and is otherwise contrary to law."
The Courts

Prenda's Old Copyright Trolls Are Suing People Again 124

Posted by Soulskill
from the once-a-troll-always-a-troll dept.
New submitter Hokan writes: Paul Hansmeier and John Steele, formerly of Prenda, are suing again. Each have started nonprofits, in Minnesota and Illinois, claiming to defend disabled people, and they are suing small businesses for ADA violations. You may recall that a District Court judge issued sanctions against Prenda for their attempts to file copyright suits against a broad swath of internet users. Their new practices take a similar tack: sue a small business and generously offer to collect a settlement somewhat lower than the amount it would cost to to make changes to their establishment. A new group is fighting back by creating "an access audit for local businesses, allowing them to develop a plan to fix ADA issues and potentially to ward off litigation."
Star Wars Prequels

Learning About Constitutional Law With Star Wars 121

Posted by Soulskill
from the scalia-shot-first dept.
An anonymous reader writes: In an upcoming paper (PDF) for the Michigan Law Review, scholar Cass Sunstein draws on Star Wars to make a couple key points about how constitutional law evolves. He writes, "Human beings often see coherence and planned design when neither exists. This is so in movies, literature, history, economics, and psychoanalysis—and constitutional law. Contrary to the repeated claims of George Lucas, its principal author, the Star Wars series was hardly planned in advance; it involved a great deal of improvisation and surprise, even to Lucas himself. Serendipity and happenstance, sometimes in the forms of eruptions of new thinking, play a pervasive and overlooked role in the creative imagination, certainly in single-authored works, and even more in multi-authored ones extending over time. ... The misdescription appears to respond to a serious human need for sense-making and pattern-finding, but it is a significant obstacle to understanding and critical reflection. Whether Jedi or Sith, many authors of constitutional law are a lot like the author of Star Wars, disguising the essential nature of their own creative processes."
Facebook

Baton Bob Receives $20,000 Settlement For Coerced Facebook Post 201

Posted by samzenpus
from the pay-the-man dept.
McGruber writes: After arresting him during a June 2013 street performance, Atlanta Police Officers forced costumed street performer "Baton Bob" to make a pro-police statement on his Facebook page before they would allow him to be released on bond. Social media coverage of the incident triggered a six-month internal police investigation into the arrest. Atlanta Police Officer H.J. Davis was given a one-day suspension, then resigned from the Atlanta Police department a few weeks later. Atlanta Police Lt. Jeffrey Cantin received a five-day suspension for "violating responsibilities of a supervisor".

Baton Bob also filed a federal lawsuit against the city, arguing that officers made a wrongful arrest that violated, well, nearly every constitutional right you can name. Those included Jamerson's "right to free speech, his right to be free from unreasonable searches and seizures, his right to remain silent while in custody, his right to be free from compelled speech, his right to counsel, and his right to privacy." The City of Atlanta's legal department reviewed the case and determined that a $20,000 settlement would "be in the best interest of the city" rather than fighting the claims in court.
Advertising

Editor-in-Chief of the Next Web: Adblockers Are Immoral 618

Posted by samzenpus
from the watch-our-ads-or-else dept.
lemur3 writes: Hot on the heels of the recent implementation of Canvas Ads (allowing advertisers to use the full page) Martin Bryant, the Editor-in-Chief of The Next Web, wrote a piece that, ostensibly, calls out mobile carriers in Europe for offering ad blocking as a service. He writes: "Display ads are still an important bread-and-butter income stream. Taking delight in denying publishers that revenue shows either sociopathic tendencies or ignorance of economic realities." While referring to those using ad blocking as sociopathic is likely not to win many fans, this mindset seems to be prevalent in certain circles, as discussed previously on Slashdot. Martin closes his piece with a warning: "For all their sins, ads fuel much of the Web. Cut them out and you're strangling the diversity of online voices and publishers – and I don't think consumers really want that."
Crime

Dzhokhar Tsarnaev Gets Death Penalty In Boston Marathon Bombing 649

Posted by timothy
from the what-say-ye? dept.
mpicpp writes with a link to the New York Times's version of story that a Boston jury earlier today returned a verdict of death in the Boston Marathon bombing. From that report: A federal jury on Friday condemned Dzhokhar Tsarnaev, a failed college student, to death for setting off bombs at the 2013 Boston Marathon that killed three people and injured hundreds more in the worst terrorist attack on American soil since Sept. 11, 2001. The jury of seven women and five men, which last month convicted Mr. Tsarnaev, 21, of all 30 charges against him, 17 of which carry the death penalty, took more than 14 hours to reach its decision. It was the first time a federal jury had sentenced a terrorist to death in the post-Sept. 11 era, according to Kevin McNally, director of the Federal Death Penalty Resource Counsel Project, which coordinates the defense in capital punishment cases.
Censorship

Douglas Williams Pleads Guilty To Training Customers To Beat Polygraph 246

Posted by timothy
from the but-antipolygraph-is-still-up dept.
For quite a while, we've been following the case of Douglas Gene Williams, accused of and indicted for teaching people to pass polygraph tests that they might otherwise have been unable to, and for the claims he made in advertising this training -- and specifically for showing his techniques to some undercover Federal agents. Now, reports Ars Technica, Williams has pleaded guilty to five charges of obstruction of justice and mail fraud. From the article: Williams isn't the first person prosecuted for these type of allegations. An Indiana man was accused of offering similar services and was sentenced in 2013 to eight months in prison. The judge presiding over the case said the case blended a "gray area" of First Amendment speech and the unlawful act of instructing people to lie on polygraph tests issued by the federal government. Williams' site, Polygraph.com, is now defunct.