LawMeme LawMeme Yale Law School  
LawMeme
Search LawMeme [ Advanced Search ]
 
 
 
 
Analysis of BNETD and Blizzard
Posted by Ernest Miller on Tuesday, February 26 @ 22:07:21 EST Digital Millennium Copyright Act
On February 17th, Vivendi sent a cease and desist letter to the ISP hosting the bnetd project (which had developed a Battle.net emulator) for alleged copyright infringement of Blizzard's games as well as violations of section 1201 of the DMCA. Slashdot has run two stories on the case — the first announcing it (Blizzard Rains on Bnetd Project) and the second looking at the responses from Blizzard and bnetd (Blizzard, Bnetd Respond on Bnetd Shutdown). The Kuro5hin community also discussed the case (DMCA used to shut down bnetd project). Battle.net's response has been posted on the web (Emulation FAQ). Anti-DMCA activist Tim Neu has written a Rebuttal to the Battle.net FAQ. Chilling Effects, the cease and desist website, has the letter as well (Bnetd Project - Chilling Effects). Bnetd has posted its own Case FAQ.

(Read More... | 31350 bytes more | 24 comments | Printer Friendly Page  Send to a Friend | Score: 4.53)



Napster Goes After The Record Companies
Posted by Raul Ruiz on Sunday, February 24 @ 00:00:00 EST Antitrust

Law.com is reporting that Northern District of California Chief Judge Marilyn Hall Patel has granted a request by Napster to investigate whether the major record labels in the country have violated antitrust laws (Napster Judge Sings an Antitrust Tune).

Napster's copyright misuse defense is based claims that the major music companies have violated their copyrights by using overly restrictive licensing terms and have behaved in an anit-competitive manner, violating antitrust laws.

(comments? | Printer Friendly Page  Send to a Friend | Score: 0)



SCOTUS to Hear Eldred v. Ashcroft
Posted by Ernest Miller on Wednesday, February 20 @ 09:55:16 EST Copyright
The Supreme Court of the United States has decided to hear the case of Eldred v. Ashcroft which challenges the constitutionality of the Sonny Bono Copyright Term Extension Act of 1998. The New York Times (reg. req.) publishes a report on the Court's decision (Justices to Review Copyright Extension) and an analysis of what the case may mean (Case Could Shift Balance in Debate on Public Domain). The Washington Post also covers the story and has a number of good Supreme Court related links (High Court to Hear Case on Copyright). Wired has a good story that looks at some of the background and broader issues (Setting Boundaries on Copyrights). Much more information can be found at the Berkman Center's Openlaw website on the case (Openlaw: Eldred v. Ashcroft). Slashdot, which has followed the case closely, posts a story (Supreme Court Accepts Eldred Case).

(comments? | Printer Friendly Page  Send to a Friend | Score: 4)



Anti-Censorship Program Makes Debut
Posted by Ernest Miller on Tuesday, February 19 @ 12:26:15 EST Free Expression
Anti-censorship program Peek-A-Booty was unveiled to the public last week, but still has much progress to make before it is ready for general consumption, according to C|Net News (Human rights application not finished). The Register also has the story (Censor-buster Peek-A-Booty goes public) and exclusive screen shots — the system uses a bear metaphor (Peek-A-Booty - The First Screenshots). Slashdot readers discuss the project (Peek-a-Boo(ty)). Frankly, if processing power and bandwidth continue to increase, I believe that such peer-to-peer anonymizing systems are an inevitable response to increasingly surveilled Internet communications.

(comments? | Printer Friendly Page  Send to a Friend | Score: 0)



US Firms Support Censorship in China
Posted by Ernest Miller on Tuesday, February 19 @ 11:46:46 EST Free Expression
The Weekly Standard has an excellent article detailing the support US companies have provided the People's Republic of China when it comes to censoring the Internet (Who Lost China's Internet?). Yahoo! may fight the French when it comes to Nazi memorabilia auctions, but they censor themselves on issues such as Taiwanese independence without a request from the Chinese government, see the New York Times (reg. req.) (French Decision Prompts Questions About Free Speech and Cyberspace). This really shouldn't be much of a surprise, considering how hard US companies have fought to provide censorship tools for Saudi Arabia, assisting the development of a culture that supports terrorism, as Politechbot noted (Saudi Arabia blocks political websites, fosters terrorism?). The Weekly Standard article ends by recommending U.S. government funding and support for projects that will undermine the "Great Firewall of China," such as SafeWeb's Triangle Boy. While this is is an admirable suggestion, I believe it unlikely that, in the present climate, the government will fund technologies that could be used by terrorists and (heaven forbid!) copyright violators as well. Slashdot readers respond to the story (Americans And Chinese Internet Censorship). Kuro5hin also hosts a discussion (Who Lost China's Internet?).

(comments? | Printer Friendly Page  Send to a Friend | Score: 0)



Lindows on PR Offensive against MS Trademark Suit
Posted by Ernest Miller on Monday, February 18 @ 08:31:05 EST Trademark
Lindows which, like Wine, will offer Linux users the ability to run MS Windows software, was challenged by Microsoft in December for trademark infringement. The CEO of Lindows, Michael Robertson (and founder of MP3.com), has published a response to the Windows lawsuit, which you can also read on The Register (Lindows CEO delivers broadside in MS trademark dispute). The Net2 website also has some of the legal documents on the case (Update on Microsoft Legal Dispute). C|Net News carries a story about the latest moves in the case (Lindows asserts its individuality). Favorite quote from Lindows Vice President of Marketing, John Bromhead, "There's a strong chance that Microsoft may lose its trademark on Windows."

(comments? | Printer Friendly Page  Send to a Friend | Score: 0)



Trademark Lawsuit Is PR Blunder for Texas GOP
Posted by Ernest Miller on Saturday, February 16 @ 17:01:19 EST Trademark
The Republican Party of Texas is threatening to bring a trademark infringement suit against the owners of a website that parodies the Republicans called EnronownstheGOP.com according to this Associated Press wire story on Yahoo! News (Texas GOP Wants Spoof Site Shutdown). The New York Times (reg. req.) also carries the story (Elephant's 'E' Irks G.O.P.). You can read the actual cease and desist letter from on the parody site (Republican Party wants EnronOwnsTheGOP to 'Cease and Desist' - Page 1 of the letter - Page 2 of the letter). The parody website is very similar in look to the official website, but points out the many connections between the Texas GOP and Enron. At particular issue is the logo of the Texas GOP (which isn't registered as a trademark), but is a blue and red stylized elephant in profile with a superimposed image of Texas. The parody site uses the same logo but superimposes the Enron "E" over the state.

Frankly, as Josh Marshall at Talking Points Memo points out, this is a really stupid move on the part of the Texas GOP. Not only is the lawsuit likely to fail, it has done nothing but provide world-class publicity for the parody site. Could it be that the firm threatening the lawsuit (Loeffler Jonas & Tuggey LLP) is working for the Democrats?

(comments? | Printer Friendly Page  Send to a Friend | Score: 0)



FCC Seeks to Abandon Common Carrier for DSL
Posted by Ernest Miller on Friday, February 15 @ 10:37:13 EST OpenAccess
C|Net News carries a Reuters wirestory about an FCC proposal to lift restrictions on the offering of DSL service by local telephone monopolies (FCC proposal could lift regulations). The Center for Digital Democracy points out that the proposal would essentially eliminate competition in the broadband market (FCC Action Threatens Openness of Internet and Communications Networks). The FCC's press release claims that deregulation is necessary for deployment of broadband technology (FCC Launches Proceeding to Promote Widespread Deployment of High-Speed Broadband Internet Access Services). Interestingly, all four commissioners have separate comments regarding the proposal (Powell Abernathy Copps Martin). The Washtech.com section of the Washington Post also carries the story (FCC Proposes Broadband Rules). Interestingly, the article quotes cable-giant AOL as claiming that open access requirements increase broadband adoption — although this may simply be a case of misery loves company.

(Read More... | 2701 bytes more | comments? | Printer Friendly Page  Send to a Friend | Score: 0)



Separating Carriage and Conduit
Posted by Ernest Miller on Thursday, January 31 @ 12:51:53 EST OpenAccess
Two recent essays by leading visionaries in the computing world about networks and public policy come to the same conclusion: carriage and conduit must be separated. David Isenberg, formerly of AT&T Labs, is author of the influential article Rise of the Stupid Network. David Weinberger is the co-author of the Cluetrain Manifesto. Both Davids are behind The Paradox of the Best Network.

Bob Frankston, most famous for creating Visicalc with Dan Bricklin, has published an essay on Satn.org entitled Connectivity: What it is and why it is so important.

(comments? | Printer Friendly Page  Send to a Friend | Score: 0)



GPS Prisoners
Posted by Ernest Miller on Thursday, January 31 @ 12:02:31 EST Legal Technology
The New York Times (reg. req.) has done a story on the use of advanced GPS-enabled tracking devices for monitoring parolees (Some States Track Parolees by Satellite). Unlike previous electronic monitoring devices, which ensured that parolees remain within a certain area (such as a home), the new devices are GPS enabled so that parolees are monitored wherever they travel. Florida has installed nearly 600 devices from Florida-based Pro Tech Monitoring. While the devices currently have a number of drawbacks, it is likely that they will be increasingly used as the bugs are worked out. What this will mean for the criminal justice system is an interesting question. My favorite quote notes that "as a constant reminder that the government is watching, G.P.S. monitoring may discourage repeat crimes" without mentioning Bentham's panopticon.

(comments? | Printer Friendly Page  Send to a Friend | Score: 0)



 
Main Menu
· Home
· AvantGo
· Encyclopedia
· Recommend Us
· Search
· Sections
· Statistics
· Stories Archive
· Submit News
· Surveys
· Topics
· Your Account
Survey
Bnetd - Legal or Illegal?

Bnetd Violates Copyright
Bnetd Violates the DMCA
Bnetd Violates both Copyright and the DMCA
Bnetd is on the side of the angels
C&C Rulz! WarCraft Sux!



Results
Polls

Votes: 52
Comments: 0
Past Articles
Thursday, January 31
· AOL IM Battles Yet Another IM Service (0)
Wednesday, January 30
· New Digital Video Format With Copy Protection (0)
· Federalism: A Friend to Clones? (0)
· WIPO Takes Neo-Nazi Domain Names (0)
Tuesday, January 29
· EPIC Seeks AG Review of MS's Passport (0)
· Elcomsoft Seeks Dismissal in Adobe Lawsuit (0)
· Study Finds More Raunch on Cable TV (0)
· MPAA Eats Its Own (0)
Monday, January 28
· Lawsuits To Threaten Libraries That Do Not Filter Internet (0)
· Profile of IDT - Successful Telecom company (0)
Tuesday, January 22
· Microsoft Punching Bag, Version 2.0 (0)
· MP3.Com To Sue Over Bad Advice (0)
Monday, January 21
· ''CD'' Label Not Available for Copyprotected Discs? (0)
Saturday, December 01
· ISP Cooperation in Child Porn Crackdown (0)
Monday, November 26
· "Magic Lantern" or Virus (0)
· Governments Choosing Open Source (0)
Tuesday, November 13
· A Legal Victory for Student Researchers (0)
Thursday, November 01
· ABC, NBC, CBS Sue ReplayTV (0)
Tuesday, October 30
· The Elusive Illusion of Anonymity (0)
Friday, October 26
· Privacy at the Strike of the Clock (0)
· Eur. Parliament Stands Firm Over Regulatory Powers (0)
Friday, October 19
· US Wields $ Not Law to Censor Satellites (0)
· Congress to Consider Forming a Cyber Court (0)
Tuesday, October 16
· RIAA Attempts to Hijack Antiterrorism Bill (0)
Monday, October 15
· MusicNet Troubles; DOJ v. MS Mediator (0)
· Broadband Follies (0)
· dot-BIZ Gets the Business (0)
Sunday, October 14
· Powerful Advocates Favor National ID Card (0)
· Developments on W3C Patent Policy Front (0)
· Clone of Senate Anti-Terrorism Bill Passes House (0)

Older Articles
User's Login
Nickname

Password

Don't have an account yet? You can create one. As registered user you have some advantages like theme manager, comments configuration and post comments with your name.
Recommendations
ORGANIZATIONS
ACLU
Benton Foundation
Berkman Center
CDT
EFF
EPIC
Information Society Project
UCLA Online Institute
W3C
Yale Law School
Yale University

NEWSLETTERS
Benton: Up-For-Grabs
Corante
The Filter
Quicklinks
Red Rock Eater
TKR-Newsletter

WEBLOGS
Gigalaw
ICANN Watch
infoAnarchy
Kuro5hin
NewsForge
Slashdot
HandHeld
· LawMeme on your Handheld!

Leges humanae nascuntur, vivunt, moriuntur
Human laws are born, live, and die


All stories, comments and submissions copyright their respective posters.
Everything Else Copyright (c) 2002 by the Information Society Project.
This material may be distributed only subject to the terms and conditions set forth in the Open Publication License, v1.0 or later (the latest version is presently available at http://www.opencontent.org/openpub/).

You can syndicate our news using the file backend.php