Ever send an e-mail on your corporate account that you regret sending? Ever think that deleting it from your local folder or from the server will save you from Legal’s wrath? Don’t. Apparently the Feds have software that can detect several layers of deletion, which is worse than you might think. Let’s say I send an e-mail to Peter saying “You’re dumb and no one likes you.” Then I write another e-mail saying “You smell funny,” but don’t actually send it; it just stays on my computer in the draft folder. Then I delete it. Well, Johnny Law will see that I wrote it, then deleted it. They’ll see my thought process, then throw my in prison for harassing Peter. The moral is, if you’re going to harass your co-workers, do it in person or over the phone. It’s a little harder to trace that way. GCs to Employees: Think Before You Send [Law.com via Slashdot] → Read More
A teen being investigated in connection with a murder secretly used the MP3 player in his pocket to record an interrogation that the detective working the case swore under oath never took place. I’ve always wondered whether or not detectives searched suspects before locking themselves in an interrogation room. You’d think they’d at least check for weapons but who knows, maybe finding an MP3 player wouldn’t arouse any suspicion. Whatever the case, this kid not only got himself a free pass on the freedom train but also ended up getting the detective in question charged with 12 counts of first-degree perjury. Gotcha! Teen’s MP3 Catches Cop in a Lie [ABC News] → Read More
Two bills passed in the House yesterday concerning ISPs’ responsibilities for reporting child pornography. The first bill dictates that "ISPs would have to inform the National Center for Missing and Exploited Children of the Internet identity and geographic location of suspected sex offenders and the time child pornography was downloaded." → Read More
Gentle readers, congratulate us. We, as bloggers, are now legally protected as “journalists”. Or at least we’re getting there. Take that, legitimate press. Phillip Smith has just won an important case that sets a precedent that we’re going to use at some point. He’s a blogger. He was an angry blogger due to some bad experiences working with an eBay listing company. The blog posts got him in trouble legally, but he claimed journalistic protection. After a protracted case, the judge agreed with him, stating that use of corporate logos are OK in blogs, just as they’re protected in newspapers. Likewise, opinion and linking are tolerated. This is good news for us. Regular readers will know that we’re always in trouble, hopefully this new status as “journalists” will get us out of trouble earlier. And into the Playboy mansion easier. Can bloggers be journalists? Federal court says yes [Ars] → Read More
We don’t normally discuss class action lawsuits here on the Gear, mostly because we’re not fond of fostering the idea that lawyers can do good. In this case, however, you’re very possibly due for a bate for 5% from Seagate, if you’ve purchased one of its harddrives in the last six years. That’s enough money to get you most of the way to the Transformers DVD. → Read More
I’m always scared of lawyers. We live in litigious times, and lawyers are the “new priesthood, baby!” They’re involved in everything. When I got my first “cease and desist” from Apple, we had a party. I’m not sure what that says about me or Apple, but it makes a point: when threatened, we rattle our sabers in the form of calling our lawyers. What’s really frightening, however, is when crackpots bring suits that bear fruits. Take, for example, the case of Baily v. Lewis Farm, wherein a dude buys a truck on Criagslist, the truck causes an accident, and everyone who ever previously owned the truck is sued and might be liable for damages. And you just wanted to unload a finicky iPod, didn’t you? → Read More
This is the kind of story I don’t like to write, but sometimes you have to do things like this. It’s my sad duty to inform you that our birdy in Duluth just msged me to say that the verdict is in on the RIAA vs. Jammie Thomas trial. Regular readers note that we’ve been following this trial, as it’s the first suit by the RIAA to make it to the trial phase. The judge has ruled in favor of the RIAA, and ruled that Thomas must $222,000 to the evil empire. This is horrible news. We’ve been pulling for Thomas for taking a stand against the RIAA. We think its strong-arm, bullying tactics are downright heinous. In addition, we think they’re so wrong-thinking that any court would be crazy to side with them. We were wrong. The real bad news is that now that the RIAA has one victory under its belt, it’s likely to look for new blood. Look for an avalanche of suits to be announced in the near future. With luck, someone in a more humanistic jurisdiction will also fight, and if that person wins, then it could reverse Thomas’s trial, as we’re hoping. In the meantime, keep an eye on your shared folder. And your mailbox. → Read More
The big record labels are getting brazen. Really brazen. Today marks the opening of the first trial between the RIAA and a person it says illegally downloaded music. The problem for the RIAA is this person, and by person I mean damned hero, has decided to fight back. The RIAA has acted like a bully in most cases it’s pursued so far, so it’s great to see someone taking a stand. But what’s coming out of the trial is more important than the trial itself. In testimony before the court, Jennifer Pariser, the top litigator for the Sony-BMG Music Group, was asked if she thought the act of copying a song off a CD a consumer owns should be allowed, which is how most of us get our music onto our Zunes or iPods. Her answer is nothing short of astounding. She state, under oath, that “when an individual makes a copy of a song for himself, I suppose we can say he stole a song.” There you go, sportsfans, you’re now all dirty little thieves. Every single one of you. So are your friends, colleagues, lovers, and probably your parents as well. At least according to Sony-BMG. Sony BMG’s chief anti-piracy lawyer: “Copying” music you own is “stealing” [Ars] → Read More
We know you hate the RIAA. Everyone hates the RIAA (except, of course, for the RIAA). Somehow, it’s about the only thing I can think of less popular than the Prez that still gets to continue to function. The RIAA is like a pack of untrained dogs: It sees someone it can clobber, then it does just that. It tackles and rips apart and gnaws and revels in the chaos and destruction it’s caused in the name of being “right.” Helpless old ladies and children have been dragged through pointless court cases, mostly to be made an example of to others. The unfortunate few who have faced the judge are meant to be a warning to the rest of us: Don’t share music. The problem the RIAA faces now is that the basic concept that it sues for — making songs available on P2P networks violates their (or artists) copyrights — is being put through the crucible. → Read More
A Minnesota man (not me) has demanded to see the source code for the breathalyzer that landed him in the clink. Whether or not Dale Lee Underdahl would know what to do with the source code once it’s in his clammy hands is uncertain but “if a company proves unwilling to turn over the code, the case is often thrown out…” → Read More
We’re filing this one under “cruel, humorous irony.” State Senator Carole Migden is a crusader for public safety, it would seem, voting for a measure to fine people for talking on their cellphones while driving, because that’s far more dangerous than, say, tuning the radio or eating, explaining why those activities are still perfectly legal. Imagine how red-faced she must have been when she committed just such an illegal act, and how compounded that embarrassment must have been when that infraction led to an automobile accident. That’s so funny I can’t even make jokes about it. Sweet Irony, how we love the ways in which you work. Sen. Who Favors Cell Phone Ban Caught Using Hers [KUTV dot com] → Read More
If there’s even a minor flaw in a product, there’s money to be made by lawyers and PC fanboys. A San Diego filing for a class-action law suit by Fred Greaves and Dave Gatley is the latest legal trouble for the Cupertino company. The lawsuit claims that Apple was marketing Macbook and Macbook Pro displays as if they were god’s gift to mankind. Claims are made that the Macbook Pro displays are too “grainy” and “sparkly” and that Apple uses dithering techniques to achieve higher color depths than actually possible. Huh? Sounds like a load of rubbish to me. I bought a Macbook a month ago and I’m absolutely in love with it. No problems, screen issues, etc. Greaves and Gatley also claim the Apple Genius Bar associates told them they were “too picky” about the quality of the display, which sounds right on the money. Want insane quality? Go drop $5,000 on a Sony BRAVIA. It’s a laptop for crying out loud. Apple MacBook, MacBook Pro screens subject of class-action lawsuit [Engadget] → Read More
Sheesh. I wonder if Symantec is going after the guy TorrentFreak interviewed. I doubt it, as Symantec is attacking eight companies it says illegally copied its software to avoid licensing fees. The software maker is looking for $55 million in damages and jury trials, meaning this just isn’t a case of Joe Blow burning a copy of Norton AntiVirus for his co-worker. According to the lawsuit, Symantec says that the companies engaged in trademark infringement, copyright infringement, fraud, unfair competition, trafficking in counterfeit labels and documentation, and false advertising. The names of the alleged companies have been withheld so far, but Symantec wants blood and it seems as if someone has really screwed them out of a couple million bucks. Sucks to be a software maker in 2007. Symantec sues eight companies over software piracy [Yahoo! News] → Read More
Over in Minnesota, a group of imprisoned sex offenders are pissed off because guards confiscated PCs they were using in their cells/rooms. So like any American, they took it to a court of appeals, only to have it shot down by a judge with half a brain. I’m guessing the court appearance went something like this: Judge: Why should I let a group of sex offenders keep their PCs? Inmates: So we can…ahh…keep up with…current events. Ya know. And we want to post videos of Bob getting shanked in the shower. Judge: Yeah, I’m going to have to go with “No” on this one. Inmates: Damn. I think the ruling was, to say the least, a smart decision on the court’s part. I mean, does anyone want a bunch of convicted sex offenders and rapists playing WoW or posting videos on YouTube? Didn’t think so. Police blotter: Imprisoned sex offenders demand PCs [CNet] → Read More
While NJ may have been one of the first states to ban driving and talking on a cellphone, Washington is smart enough to realize that plenty of people still text while they drive. Now in an effort to curb accidents and careless driving, Washington has made it illegal to operate a cellphone while driving. However, it’s a secondary offense, meaning the po’ can only give you a ticket if they pulled you over for another reason, such as speeding. The price to pay for texting Sally and gushing to her about the Def Leppard concert you saw last night? $101 per offense. Just think, you could buy an iPod Shuffle with that money. Next time, hide the phone under your seat when the cop comes and you should be good to go. The new ban goes into effect Jan 1, 2008, so drive safe. Texting & Driving In Washington State banned [BGR] → Read More
Apparently, fair use is going to hell in a hand-basket very soon. If I buy a CD and don’t want to keep it anymore, I should be able to sell it to a third-party for a considerable sum of money. According to Florida and Utah law though, you can’t do that. In fact, these two states are placing restrictions on the sale of used CDs so that you must submit plenty of identification as well as fingerprints if you want to sell CDs. To top it off, you can’t even get cash, just store credit. According to the report, Rhode Island and Wisconsin may soon follow suit, meaning your freedom to sell your Father’s old Boston CDs could soon be hampered. This quote sums it up pretty well: “No, you won’t spend any time in jail, but you’ll certainly feel like a criminal once the local record shop makes copies of all of your identifying information and even collects your fingerprints. Such is the state of affairs in Florida, which now has the dubious distinction of being so anal about the sale of used music CDs that record shops there are starting to get out of the business of dealing with used content because they don’t want to pay a $10,000 bond for the ‘right’ to treat their customers like criminals.” Record shops: Used CDs? Ihre papieren, bitte! [Ars Technica via Slashdot] → Read More
SubRosaSoft.com has developed a device that it claims can extract passwords from OS X 10.3 or later Macs. The unit consists of a single flash drive that is capable of pulling passwords from the Apple Keychain and system settings. It also compiles a database of the system it’s installed on. There is one catch though, to purchase one, you have to be an investigator or a law enforcement officer. And yes, you must produce proof. If you can though, the MacLockPick can be yours for just $499. Product Page [via Macworld] → Read More
Sure you can pin the blame on your unsecured router when the RIAA or MPAA comes knocking at your door, but when it’s the FBI and you’re accused of having tons of child pornography, don’t think you’re getting out of this one so easily. A guy in Texas had his home raided and the police found lots of child porn on his computer. When confronted, he blamed his router’s open WiFi connection for the kiddie porn, which everyone knew was BS. Turns out the guy had been looking at the stuff for years and was sending law enforcement on a wild goose chase trying to find out who was distributing child porn on the net. But the kicker? They found a CD full of it in his home. Cased closed. The sicko appealed but luckily was denied an overturned ruling and is now serving close to five years in prison. So next time the police raid your home for animal porn/illegal MP3s/cockfighting, don’t blame it on the unsecured WiFi router. It’s just not gonna work. Police blotter: Open Wi-Fi blamed in child porn case [News.com] → Read More
nee iPodGarage and now PodReady.com. See, the name PodReady would make people think of iPods and that could lead to a .00098% loss of revenue for the Madison, Wisconsin Best Buy store between October 2 and October 3 of this year due to reduced iPod sales. Protect your IP. Protect your designs. Protect your content. But please, big companies, don’t make your shiz a household name and then cry foul when people use it in that way. Just wait until the Zune drops. Those orcs will be manning the C&D forge well into the evening. Apple Hits Podcast Ready with Nastygram [Wired via Calacanis] → Read More
Governor Arnold is set to sign a bill today to outlaw drivers from talking on cell phones in cars unless they are using a headset or some other hands-free device. The law goes into action January 1, 2008, and will cost drivers $20 for a first time fine and $50 thereafter. Californians, you’ve got one year to get a phone that supports Bluetooth, get a headset, or get some kind of hands-free car adapter. Here are a couple to get you started. Bill signing today to make drivers put down phones [Mercury News] → Read More
