Category archives: Law

 

 

US Court: Code isn't property, therefore it can't be stolen

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New York’s Second Circuit Court of Appeals has decided that computer code cannot be stolen after acquitting former Goldman Sachs programmer Sergey Aleynikov. He’d been charged with property theft and economic espionage which carried an eight year prison sentence, but left court a free man after serving just a year of his term. The case hinged upon the definition of both property and economic espionage, and the court found that code, being an intangible, couldn’t be property that’s capable of being stolen within the definition of the statute — affirming a state of affairs that’s been in place since the British case of Oxford v Moss from 1979. Just as a warning: the Judges advised Congress to amend the relevant legislation in order to prevent thefts of this nature in the future, so we’d hold back on any big data-heists you’ve got planned. US Court: Code isn’t property, therefore it can’t be stolen originally appeared on Engadget on Thu, 12 Apr 2012 09:42:00 EDT. Please see our terms for use of feeds . Permalink Digg | Wired , Decision (PDF) | Email this | Comments

 

US Judge rejects Hasbro / ASUS sales ban, Transformer Prime prevails

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Coming up with original gadget names is tough work , and, after all, imitation is the most sincere form of flattery — right? So it was no surprise when ASUS happened upon an alias that more than slightly resembled that of a popular fictional mutant semi — you know, Transformer Optimus Prime. However shockingly, Hasbro wasn’t a fan, opting to battle ASUS to the death in the U.S. court system. And, after countless weeks and many bank holidays, we finally have a victor. It appears that the leader of the Autobots will continue to share its name with the Taiwanese company’s tablet — that’s what you get for leaving the fate of the world to mere human bureaucrats. Just don’t be surprised when it comes time to name the world’s next Superhero, Ms. Zenbook UX31 . US Judge rejects Hasbro / ASUS sales ban, Transformer Prime prevails originally appeared on Engadget on Tue, 27 Mar 2012 14:39:00 EDT. Please see our terms for use of feeds . Permalink SlashGear | PaidContent | Email this | Comments

 

US DOJ sues AT&T for improper IP Relay billing, alleges millions in false claims to FCC

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AT&T has violated the United States False Claims Act to the tune of “millions of dollars,” according to a Department of Justice lawsuit filed this week. The DOJ alleges that the carrier intentionally neglected to authenticate users of the IP Relay service — a tool utilized by hearing-impaired persons to type messages that communications assistants then read to callers. The service is also abused by individuals overseas to defraud U.S. businesses (think infamous Nigerian scams), which prompted the FCC to establish a law requiring telecom providers, including AT&T , to confirm the identity of registered users, which it apparently failed to do. This resulted in thousands of fraudulent users, representing some 95 percent of all calls, which AT&T received FCC payments for to the tune of $1.30 per minute. An AT&T spokesman was somewhat dismissive when speaking to the Associated Press , saying “as the FCC is aware, it is always possible for an individual to misuse IP Relay services, just as someone can misuse the postal system or an email account, but FCC rules require that we complete all calls by customers who identify themselves as disabled.” But if the allegations are proven, there could be some pretty serious repercussions for Big Blue. DOJ PR is just past the break. Continue reading US DOJ sues AT&T for improper IP Relay billing, alleges millions in false claims to FCC US DOJ sues AT&T for improper IP Relay billing, alleges millions in false claims to FCC originally appeared on Engadget on Thu, 22 Mar 2012 17:37:00 EDT. Please see our terms for use of feeds . Permalink The Verge | Department of Justice | Email this | Comments

 

Apple's nano-SIM proposal draws fire from Motorola, Nokia, RIM

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Giesecke & Devrient’s nano-SIM design is fueling quite the standards battle over in Europe, with Apple sitting in one corner, and the troika of Motorola, Nokia and RIM looming in the other. That’s according to the Financial Times , which reports today that Cupertino is leading a charge to push its own nano-SIM proposal through Europe’s standards body, ETSI , much to the chagrin of its competitors. According to FT ‘s sources, Apple’s version of the nano-SIM would call for a “drawer” to protect it, much like the designs already featured in the iPhone and iPad. Though the standard would be available to all manufacturers under license, there’s a lingering fear that Apple may eventually own all the patents pertaining to its proposal. Plus, its rivals would have to re-engineer their handsets to meet Apple’s proposed design, even though Nokia claims its solution offers “significant technical advantages.” ETSI is slated to vote on the proposals next week, but FT claims that the company has already garnered support from most of Europe’s providers. Just to be sure, though, Cupertino is applying to become the largest voting member at ETSI, and is looking to register a full six European subsidies under its name. Each subsidy can wield up to 45 votes, meaning that if approved, Apple would overtake Nokia as the organization’s largest voting body. Nokia, for its part, has filed a document in protest. Apple’s nano-SIM proposal draws fire from Motorola, Nokia, RIM originally appeared on Engadget on Wed, 21 Mar 2012 00:41:00 EDT. Please see our terms for use of feeds . Permalink The Verge | Financial Times | Email this | Comments

 

Indian court drops censorship case against Microsoft, Google and Facebook still on the hook

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With so many patent trolls out and about, you’d be forgiven if the Indian government’s censorship case against Google, Facebook, Microsoft and other web companies slipped under your radar. Indeed, not a whole lot has happened since then, but Microsoft, at least, is making an early exit from the proceedings. Delhi High Court has dropped the outfit from the list of companies accused of failing to rid their sites of offensive material — specifically, perceived religious attacks, or anything else that might violate local laws against inciting communal tensions. (In particular, according to a three-months-old New York Times report, technology minister Kapil Sibal , pictured above, took note of comments criticizing Sonia Gandhi, widow of the assassinated former Prime Minister, Rajiv Gandhi). For now, this leaves Google and Facebook to defend themselves, though the two internet giants are moving to have their cases dismissed as well. The High Court will hear those petitions on May 3, with the trial set to resume on May 23. Indian court drops censorship case against Microsoft, Google and Facebook still on the hook originally appeared on Engadget on Mon, 19 Mar 2012 10:39:00 EDT. Please see our terms for use of feeds . Permalink | Wall Street Journal | Email this | Comments

 

Authorities decrypt laptop without defendant's help, Fifth Amendment need not apply

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Constitutional junkies have had their eyes on Colorado for awhile now, because a federal judge there ordered a woman to decrypt her hard drive in a criminal trial. This, despite her cries that doing so would violate her Fifth Amendment right to be free from self-incrimination. The argument is now moot, as authorities have managed to access the laptop’s data without any aid from the defendant, thereby obviating any Constitutional conundrums. Who knows if the feds found the evidence of bank-fraud they were looking for, or whether it was brute force or a lucky guess that did the trick, but at least we can say it’s the last of the laptop-related Fifth Amendment court cases for awhile, right? Authorities decrypt laptop without defendant’s help, Fifth Amendment need not apply originally appeared on Engadget on Sat, 03 Mar 2012 09:02:00 EDT. Please see our terms for use of feeds . Permalink | Ars Technica | Email this | Comments

 

Court upholds Fifth Amendment, prevents forced decryption of data

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When our forefathers were amending the constitution for the fifth time, they probably didn’t have TrueCrypt-locked hard drives in mind. However, a ruling from the 11th Circuit Appeals Court has upheld the right of an anonymous testifier to not forcibly decrypt their data. The case relates to a Jon Doe giving evidence in exchange for immunity. The protection afforded to them under this case wouldn’t extend to any other incriminating data that might be found, and as such Doe felt this could lead to violation of the fifth amendment. The validity of the prosecution’s demands for the data decryption lies in what they already know, and how they knew it — to prevent acting on hopeful hunches. The prosecutors were unable to demonstrate any knowledge of the data in question, leading the 11th Circuit to deem the request unlawful, adding that the immunity should have extended beyond just the current case. This isn’t the first time we’ve seen this part of the constitution under the digital spotlight, and we’re betting it won’t be the last, either. Court upholds Fifth Amendment, prevents forced decryption of data originally appeared on Engadget on Sun, 26 Feb 2012 07:45:00 EDT. Please see our terms for use of feeds . Permalink ExtremeTech | USA Courts (PDF) | Email this | Comments

 

Man gets served on Facebook, literally

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Being unceremoniously dumped online isn’t the only indignation made easier by social networks. For the first time, lawyers in the UK have been granted permission to serve a legal suit via Facebook . Traditionally, documents must be delivered physically, be it in person, by post or even fax. But, in a pretrial for a commercial dispute, these old-fashioned methods proved fruitless. The prosecuting team then decided to check online, and noticed recent updates on defendant Fabio De Biase’s profile. Satisfied it was currently active, they sought permission to send documents via the website, with Justice Nigel Teare duly obliging. Wondering what that noise is? That’s the sound of millions of mice clicking on “privacy settings” all at once. Man gets served on Facebook, literally originally appeared on Engadget on Wed, 22 Feb 2012 16:38:00 EDT. Please see our terms for use of feeds . Permalink PhysOrg | Associated Press | Email this | Comments

 

Microsoft files EU antitrust complaint against Motorola Mobility, claims unfair licensing practices

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Early last week, the European Commission gave Google its blessing regarding the purchase of Motorola Mobility. But the honeymoon has been anything but relaxing for the search giant and its latest power-play acquisition, after Apple filed an antitrust complaint , claiming a breach of the company’s FRAND obligations. Now Microsoft is waiving the antitrust flag as well, claiming that the company is reportedly abusing its standard-essential patents , impeding fair access to patents that are fundamental to regular device function — this time dealing with video streaming and wireless connectivity. Microsoft Deputy General Counsel Dave Heiner has posted an appeal to the company’s TechNet blog, outlining the issue and explaining that “Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products,” further claiming that “Motorola is on a path to use standard essential patents to kill video on the Web, and Google as its new owner doesn’t seem to be willing to change course.” The key issue at hand is patent pricing — Microsoft claims that Motorola is demanding an impossibly high royalty of $22.50 for a $1,000 laptop, and that only covers fees for H.264 licensing. It’s no secret that Motorola’s patent portfolio was a key component of Google’s acquisition, and so far it doesn’t appear that the company is making any suggestion that Motorola ease up on licensing fees. As always, we’ll be keeping an eye on the process, but hit up the source link below for the full scoop from MS. Microsoft files EU antitrust complaint against Motorola Mobility, claims unfair licensing practices originally appeared on Engadget on Wed, 22 Feb 2012 09:19:00 EDT. Please see our terms for use of feeds . Permalink FOSS Patents | Microsoft | Email this | Comments

 

Apple asks EU regulators to step in on Motorola patent dispute

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Apple already asked the European Telecommunications Standards Institute for more transparency on FRAND licensing, and now it’s seeking a full-blown intervention. Motorola Mobility claims it received a letter on Friday from the European Commission advising there has been a complaint against it from Apple. The letter also stated that Cupertino wants the Commission to enforce the firm’s standards-essential patents that breach agreed FRAND commitments. This latest development comes just one day after a German court awarded Apple an injunction against Motorola’s implementation of slide-to-unlock on smartphones, as well as an ongoing saga of similar disputes with the firm. It’s also just days after the European Commission approved Google’s acquisition of the handset maker, based on beliefs that it “does not itself raise competition issues.” Apple asks EU regulators to step in on Motorola patent dispute originally appeared on Engadget on Sat, 18 Feb 2012 10:45:00 EDT. Please see our terms for use of feeds . Permalink Reuters | SEC | Email this | Comments