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- Apple won't face lawsuit over iPhone battery life
- Bloomberg is reporting that Apple won't face a lawsuit claiming that the company didn't immediately tell customers about the limited life of batteries for its iPhone or their $86 replacement cost including delivery. A U.S. District Judge in Chicago granted Apple's request that he dismiss the lawsuit on the evidence...
- Tags: Andrew Nusca
- Blog posts 2008-09-26
- In court: iPhone suit dismissed, Qwest conviction reviewed
- Lots of court action today: Apple won a summary judgment in a class-action lawsuit charging the company with deceiving consumers on iPhone batteries, Bloomberg reports. ``Apple disclosed on the outside of the iPhone package that the'' battery has ```limited recharge...
- Tags: Apple iPhone, Qwest Communications Inc., Arbitration, Apple Inc., Conviction, Richard Koman
- Blog posts 2008-09-26
- Defendant in key RIAA decision destroyed evidence
- Photo by Luke Gattuso Just because you win a brilliant legal battle doesn't mean you'll win the war. Back in April, Judge Neil Wake handed RIAA opponents a key victory, with a seminal decision against the recording association's "making available" theory of distribution. ...
- Tags: Theory, RIAA, Richard Koman
- Blog posts 2008-08-27
- Suit over baby vid with Prince song goes forward
- Everybody agrees. Stephanie Lenz' video of her young son with Prince's "Let's Go Crazy" playing in the background was a fair use of a copyrighted work. But Universal submitted a DMCA takedown notice on the video and YouTube took it down for a month until Lenz was able to get...
- Tags: Use, DMCA, Digital Media, Consumer Electronics, Personal Technology, Richard Koman
- Blog posts 2008-08-21
- The Cablevision decision, part 1: Buffering is not copying
- This Cablevision decision looks like it may make its way to the Supreme Court on questions of the interpretation of the Copyright Act, so I'd like to take an in-depth look at the decision PDF. It's long so I'm dividing it into several posts. Technology First...
- Tags: Cablevision Systems Corp., Buffer, DVR, Memory, Digital Video, Development Tools, Personal Technology, Home Entertainment, Semiconductors, Hardware, Components, Software Development, Software/Web Development, Richard Koman
- Blog posts 2008-08-05
- Judge decisively rejects RIAA legal theory
- A federal district judge has delivered a pretty resounding blow to a theory the RIAA has been using to win verdicts in its copyright-infringement lawsuit campaign. In Atlantic Records v. Howell, Judge Neil Wake refused the RIAA's motion for summary judgment based on the "making available" theory. ...
- Tags: Theory, RIAA, Judge, Richard Koman
- Blog posts 2008-04-29
- WashPo gets RIAA CD rip story wrong on Dec. 30; I got it right on Dec. 11
- When I first became aware of that clueless December 30 Washington Post article in which Mark Fisher erroneously claimed the RIAA was maintaining that ripping CDs was illegal, wanna know what I thought to myself? Well, h-e-l-l-o!! Mark, if you had only read my...
- Tags: CD, RIAA, WashPo, Keyphrase, Peer To Peer (P2P), Tools & Techniques, Internet, Management, Russell Shaw
- Blog posts 2008-01-04
- What that RIAA/CD rip court brief really says
- There's a lot of misinformation floating around the blogosphere about what exactly the (hiss, boo) Recording Industry Association of America is saying in a court brief about the very act of ripping your CDs, converting them to MP3s, and then storing them on your hard drive...
- Tags: Hard Drive, P2P, RIAA, Keyphrase, Peer To Peer (P2P), Internet, Russell Shaw
- Blog posts 2007-12-11
- Oregon AG office to RIAA: 10 things we want to know about how you find file-sharing students
- If you think the Recording Institute Association of America is going too far in its prosecution (or should that be persecution?) of college students who file-share from time to time, you'll love the news that Oregon Attorney General Hardy Myers is adding meat to the University...
- Tags: RIAA, File-sharing, Myers, Lindor, Peer To Peer (P2P), Data Mining, Business Intelligence, Marketing Research, Internet, Enterprise Software, Software, Data Management, Marketing, Russell Shaw
- Blog posts 2007-11-30
- RIAA defendant vows to fight on
- Jammie Thomas will appeal the $222,000 verdict a jury handed down against her in the first filesharing infringement trial, she announced on MySpace page. She says her attorney "floored" her during a CNN appearance when asked what her next step would be. But surprise, surprise, my...
- Tags: Theory, RIAA, Attorney, Jury Instruction, ZDNet Government
- Blog posts 2007-10-08
- Judge says making files available is the same as distributing
- Defendants in RIAA copyright infringement suits got some bad news today when Judge Neil V. Wake granted summary judgment for RIAA in the case of Atlantic v. Howell. Pamela and Jeffrey Howell defended themselves in the suit and claimed simply that their file-sharing program was "not set up to share,"...
- Tags: RIAA, Judge, ZDNet Government
- Blog posts 2007-08-27
- Xen vs. KVM: round 1 bell to ring soon
- Xen vs. KVM: round 1 bell to ring soonJudge Kimball rules Novell owns UNIX!Summary judgment...
- Tags: KVM, Xen
- Discussion threads 2007-08-11
- SCO vs. IBM: clarity as push approaches shove
- Just recently groklaw published both IBMs motion for summary judgement on SCOs contractual claims and SCOs rebuttal argument. The judge could rule on those today or later or this week, but the outcome is less interesting than the documents themselves because here, for the first time, both SCO...
- Tags: General, Linux
- Blog posts 2007-03-12
- Muni Wi-Fi threatened by patent decision
- A federal judge rules last week that Australias science research agency holds a valid patent to key technologies two Wi-Fi standards, 802.11a and 802.11g, News.com reports. If the patent withstands appeals, the additional licensing fees could drive up costs of the equipment to the point where the municipal wireless movement...
- Tags: Wireless LANs, WIRELESS, municipal Wi-Fi, patent, Wi-Fi
- Blog posts 2006-11-21
- UMG sues MySpace in a no-lose proposition, draws Grokster judge
- Last Friday, Universal Music Group filed copyright infringement claims against MySpace, claiming that MySpace and News Corp. are "liable for the direct infringement of [UMGs] copyrights, and for aiding, facilitating, and inducing the infringement of [UMGs] copyrights by countless MySpace users."Steve OHear provides terrific context in the form of...
- Tags: Copyright, DMCA, Licenses, Live Web, MGM v. Grokster, Social networking, User generated content, Video, Mashups
- Blog posts 2006-11-20
- Does open source indemnification still matter?
- The good people at Open Logic announced today they will provide indemnification against patent and copyright claims for 160 programs in their Certified Library. (To celebrate, the above image is from the center of the Open Logic home page.) Now, does anyone care?Maybe I missed something but I am unaware...
- Tags: Logic, indemnification, Open Logic
- Blog posts 2006-10-17
- Video game pirate headed to slammer
- Video game pirate headed to slammerOutstanding!!!True, it's only four months but that should be plenty of time for Bubba to romance him....Will he remove the parrot before or after foreplay.Excellent. Now he can meet other people's parrots at the state bed & breakfast. Maybe they will pass him around like...
- Tags: Games, TVs, TV & Home Theater, Viruses and worms, Cable, SECURITY, Network technology, Hitesh Patel, video game, Hell OJ, X-Box, pirated game, Bubba, O.J. Simpson, game, SQL Slammer, video
- Discussion threads 2005-07-27
- SCO e-mail: No 'smoking gun' in Linux code
- SCO e-mail: No 'smoking gun' in Linux codeWas there ever any question?Of course not!Be ready for SCO to go belly up here soon. IBM's gonna layeth the smacketh down now!Thanks for playing!And the MS funded SCO FUD descends into a jokeOf course it won't stop the MS fanboys and their...
- Tags: OPEN SOURCE, e-mail, IBM Corp., JFS, SCO Group Inc., Linux
- Discussion threads 2005-07-14
- Separating "consumer rights" from copyright
- Separating "consumer rights" from copyright"The encouragement of economic goods"I don't think you pursued your headline thought far enough John.Consumer "rights" (read [i]power[/i]) are a force in society that is only growing by the day. Legislation and laws most often follow the practices and attitudes of society rather than lead them.The...
- Tags: Advertising & Promotion, media, first sale, doctrine
- Discussion threads 2005-07-08
- New trial date in IBM-SCO case
- New trial date in IBM-SCO caseDepositions and fishing...Depositions are often little more than a fishing expedition and the person going through it REALLY needs a sharp attorney to put a stop to it when it happens.SCO's new business model!We can't make money selling a legit product, let's sue everyone and...
- Tags: OPEN SOURCE, SCO Group Inc., IBM Corp., deposition
- Discussion threads 2005-07-07
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