Thursday, April 12, 2012

4.12 :: April Fools! :: Willfully Blind :: Great Video Entertainment :: What Controversy? :: Links are Infringing :: So Uncool :: Goofing Off No Longer a Crime ::

CyberTelecom News
Federal Internet Law and Policy
CQD MGY position 41.44 N. 50.24 W

LightSquared Gets Two Senators to Beg For Its Life - Senators Kerry,
Graham, Parrot LightSquared's Last Gasp Efforts, DSLReports
Phillip Falcone's checks to both John Kerry (D-Mass.) and Lindsey
Graham (R-S.C.) appear to have cleared, resulting in the two sending a
letter this week to the FCC urging the agency to try and save
LightSquared. The lawmakers say they "understand" the FCC's February
decision to revoke LightSquared's license to offer LTE via the 1.6 GHz
L-band, bu

NY Marriott Stops Wi-Fi JavaScript Ad Injection - Wasn't Aware of the
Practice, Blames ISP, DSLReports
Earlier this week we noted that New York's City Marriott hotel
locations were taking a page out of the bad-idea ISP playbook and had
started to use Javascript to inject ads over the content viewed using
the hotel's free Wi-Fi service. As was the case when ISPs tried this a
few years back the backlash was fast and furious, particularly from ad
and content developers who don't like having their own content blocked
by traffic stream manipulation

Federal Judge Upholds Library Filtering Policy in Bradburn case.,
Filtering Facts
After nearly six years, there has finally been a ruling in Bradburn v.
North Central Regional Library District. I have posted the ruling
here. The rest of the Bradburn case documents are here:

DOJ is likely to lose e-book antitrust suit targeting Apple, CNET
Antitrust experts say feds have "far better case" for price fixing
against publishers, three of which have settled, than they do against

DoJ files antitrust suit against Apple, publishers over e-book prices
, Ars Technica
The US Department of Justice has filed an antitrust lawsuit against
Apple and six e-book publishers over alleged collusion to fix e-book
prices. The antitrust suit was filed in US District Court in New York
on Wednesday morning against Apple, Hachette, Harper Collins,
Macmillan, Penguin, Pearson, and Simon & Schuster, according to

Verizon Wireless and Time Warner Cable Inc. (NYSE: TWC) today
announced they are teaming up to give customers greater choice, value
and convenience in their wireless and entertainment packages.
Customers in the Kansas City metro area can now purchase packages of
Time Warner Cable video, Internet and voice services and Verizon
Wireless smartphones and tablets from both companies.

What controversy? Verizon, Time Warner begin cross-selling services, Gigaom
Verizon's joint marketing pact with the cable providers may be facing
some serious scrutiny, but Verizon and its partners don't seem to have
noticed. On Thursday, Time Warner Cable blithely announced they would
launch bundled mobile and cable services together in five markets.

Iranians say story on plan to cut Internet access is a hoax, CNET
Government says interview with Communications Minister Reza Taghipour
published on April 1 was in fact a hoax.

Intellectual Property: The Engine of U.S. Economic Growth, Microsoft
Today, Victoria Espinel, the U.S. Intellectual Property Enforcement
Coordinator, together with John Bryson, the U.S. Secretary of Commerce
and David Kappos, the Director of the U.S. Patent and Trademark
Office, released Intellectual Property and the U.S. Economy:
Industries in Focus. This report is notable for what it shows about
the role IP plays in driving U.S. jobs and economic growth.

Viacom v Youtube, 2nd Cir 2012, Fed Court
We conclude that the District Court correctly held that the § 512(c)
safe harbor requires knowledge or awareness of specific infringing
activity, but we vacate the order granting summary judgment because a
reasonable jury could find that YouTube had actual knowledge or
awareness of specific infringing activity on its website.

Jing Xu, DMCA Safe Harbors and the Future of New Digital Music Sharing
Platforms, Duke L & Tech Rev, Duke L & Tech Rev
SoundCloud is an online service provider that allows users to upload,
share, and download music that they have created. It is an innovative
platform for both amateur and established producers and disc jockeys
(DJs) to showcase

YouTube v. Viacom, Harvard JOLT
The Second Circuit partially affirmed and partially reversed a
decision by the U.S. District Court for the Southern District of New
York, granting summary judgment to YouTube on all claims of direct and
secondary copyright infringement brought by Viacom. The district court
held that YouTube qualified for safe harbor under the Digital
Millennium Copyright Act, 17 U.S.C. §512(c), which protects service
providers from liability for acts of infringement by users.

Viacom v. YouTube: Is Willfully Blind Outside the §512 Safe Harbor?,
Law Technology and Arts
On April 5th, 2012, United States Court of Appeals for the Second
Circuit published its long-awaited review of the granted summary
judgment motion in favor of YouTube against Viacom. The district court
originally found YouTube immune to liability for the copyright
infringement of its users under the safe-harbor provision for online
service providers in §512

ICE, DOJ seize more domain names of sites accused of selling counterfeits, CW
The U.S. Department of Justice and U.S. Immigration and Customs
Enforcement have seized more than US$896,000, plus the domain names of
seven websites accused of selling counterfeit sports apparel, the two
agencies announced Tuesday.

MPAA Just Won't Quit: Jumps Into Legal Dispute To Argue Links & Embeds
Are Infringing, Techdirt
It appears that the MPAA has jumped into a legal dispute that hits on
a few different points, all of which are interesting, but the really
crazy point is the fact that the crux of their argument is that merely
embedding or linking (technically, the same thing) to infringing
videos is infringement itself -- and someone setting up a site that
lets people embed or link

38% of TVs Connected Via Broadband - Though Just 5% of Homes Have
Broadband-Connected Sets, DSLReports
According to a new study by the Leichtman Research Group, 38% of all
households have at least one television set connected to the Internet.
Leichtman's definition of a home with an Internet-Connected TV is a
little broad, including any TV that's hooked up to a broadband-enabled
game console or video streaming service. Game consoles drive most of

CLAUSES: A PERFECT STORM?, 11 Duke L. & Tech. Rev. 163
"To the cloud!" trumpets a commercial by Microsoft, whose aim is to
herd customers, and their checkbooks, into the cloud computing fold.
But Microsoft, and other cloud providers like Amazon and Google, might
inadvertently be

The New FTC Report on Privacy - Our View, Verizon
You don't always hear companies express support when federal agencies
call on Congress to pass legislation. But when both the Federal Trade
Commission and the White House issued complementary reports focusing
on consumer privacy and asking Congress to create new baseline privacy
laws, we here at Verizon largely agreed.

Maryland legislature passes ban on asking for passwords, WAPO
When Maryland's Department of Public Safety and Correctional Services
asked Robert Collins for the password to his social media accounts, he
balked and filed a claim with the American Civil Liberties Union.
About a week later, the department suspended the policy, and on
Monday, both houses of the Maryland General Assembly passed a bill
banning the practice altogether.

When did Facebook become so uncool?, CNN
Something strange happened Monday on the Internet.

Did Congress Really Not Pay Attention To What Happened With SOPA?
CISPA Ignorance Is Astounding, Techdirt
We recently wrote about how HR 3523, the Cyber Intelligence Sharing
and Protection Act -- or CISPA -- is an incredibly bad bill that would
basically make it much, much easier for the government to spy on all
sorts of private communications. The bill already has over 100
sponsors, some of whom were on the right side of SOPA, but seem to
have gone astray

Good News: Goofing Off On Your Work Computer Is No Longer A Federal
Crime, Forbes
There's a law on the books that suggests that if you "exceed
authorized access" on a computer, you're guilty of a federal crime. If
your company's computer policy forbids using your computer for
non-work purposes, that has meant historically that you've technically
been committing a felony every time you've taken a break to check your
stock portfolio, go on

Appeals Court Rules That Violating Corporate Policy Is Not a Computer Crime, EFF
A federal appeals court today rejected a dangerous interpretation of
the federal anti-hacking law, dismissing charges that would have
criminalized any employee's use of a company's computers in violation
of corporate policy.

DDOS attacks on financial services firms explode, CW
The financial services industry saw nearly triple the number of DDOS
attacks during the first three months of this year compared to the
same period last year.

Gaos v Google, NDCA 2012, Fed Court
The injury required by the Stored Communications Act can exist solely
by virtue of "statutes creating legal rights, the invasion of which
creates standing."

"If there are no dogs in Heaven, then when I die I want to go where
they went."-Will Rogers
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