Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Friday, April 5, 2013

Google, BlackBerry EarthLink and Red Hat Take A Stand Against Patent Trolls, Ask FTC, DoJ To Do The Same

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Google, along with BlackBerry, EarthLink and Red Hat today appealed to the Federal Trade Commission and Department of Justice to take stronger action against companies like Lodsys, Intellectual Ventures, and other “patent assertion entities” (aka patent trolls or patent privateers) — companies they believe abuse patents for financial gain and are an increasing detriment to the technology industry, costing U.S. companies alone nearly $30 billion in 2011, “and $80 billion when accounting for all costs – direct and indirect.”

The four companies’ position was laid out in a lengthy comments document submitted to the Federal Trade Commission and Department of Justice. The 22-page report lays out how PAEs’ activities have evolved over the last several years; they claim that their licensing regimes and court cases cost the U.S. economy some $30 billion annually.

Posted via email from Create | Inspire - DM2 Studios

Monday, March 4, 2013

The White House Agrees: Unlocking Your Cellphone Should Be Legal

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Earlier this year, the Library of Congress allowed an exemption to the Digital Millenium Copyright Act to expire, effectively making it illegal to unlock cellphones purchased after Jan. 26. A group of citizens outraged at the unlocking ban started a petition on the White House’s “We The People” website to fight the new law, garnering more than 114,000 signatures in 30 days.

Today, the White House responded. The verdict? The administration is firmly in support of ending the unlocking ban. Unfortunately, it can't do very much about it on its own.

David Edelmen, senior advisor for the Internet, innovation and privacy at the White House, wrote:

The White House agrees with the 114,000+ of you who believe that consumers should be able to unlock their cell phones without risking criminal or other penalties. In fact, we believe the same principle should also apply to tablets, which are increasingly similar to smart phones. And if you have paid for your mobile device, and aren't bound by a service agreement or other obligation, you should be able to use it on another network. It's common sense, crucial for protecting consumer choice, and important for ensuring we continue to have the vibrant, competitive wireless market that delivers innovative products and solid service to meet consumers' needs.

Posted via email from Create | Inspire - DM2 Studios

Tuesday, January 22, 2013

Here's Why Kim Dotcom's New File-Sharing Site MIGHT Be Legal

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THERE are less conspicuous ways to launch a business. A staged helicopter raid and a synchronised dance routine that would put Korean rapper Psy to shame were the sideline attractions as German-born entrepreneur Kim Dotcom, a 39-year old whose bluster is as big as his waistline, returned to public life with his new site, Mega. Much like Megaupload, Mr Dotcom's previous troublesome offering, Mega works as a file storage and sharing service.

The site claims more than 1m users have registered since its launch in New Zealand yesterday, which is not an implausible number since Mr Dotcom is something of an internet celebrity. The website’s servers seem unable to cope with the large initial interest. Those who sign up to the website will have access to 50 gigabytes of free storage space to store and share files with other users—ten times the free storage space provided by Google Drive, and 25 times the amount offered by Dropbox, the two major competitors in the field.

Posted via email from Create | Inspire - DM2 Studios

Thursday, January 17, 2013

Now The Guy Who Won $2.7 Billion From Yahoo Is In Hiding And Fears For His Life

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Carlos Bazan-Canabal may seem like a lucky guy.

The cofounder of Worldwide Directories, got a $2.7 billion judgment in his favor in a lawsuit with Yahoo in Mexico.

But the money isn't his yet. Yahoo is appealing the case. And in the meantime, he's been labeled as the "$2.7 billion guy"—the kind of headline that attracts unwanted attention. Kidnapping by criminal gangs has soared in Mexico in recent years.

As a result, he fears for his safety, he told El Economista, a Mexican newspaper.

Posted via email from Create | Inspire - DM2 Studios

Friday, December 14, 2012

Controversial UN Internet Treaty Approved After United States Walks Out

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United Nations member countries approved Friday a controversial new treaty governing international telecommunications, despite the opposition of the United States, the UK, Canada and several other countries.

The U.S. and other countries that chose not to sign the new agreement did so because of fears that it would allow increased censorship on the Internet.

The new treaty, an update to agreements last refreshed more than two decades ago, wound up including language designed to fight online spam and encourage member states to promote Internet access across the world.

Posted via email from Create | Inspire - DM2 Studios

Monday, December 3, 2012

12 Points to Include in Your Design Contract

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When I started my own design business, one of the first things I put in place was a well-written contract. Before I spoke to an attorney about drafting an official document for me, I made sure I had my design process established.

I also did a lot of research as to what other design firms and freelancers were including in their agreements. With something as subjective as design, there are lots of gray areas that need to be clarified as much as possible on paper.

If you’re in the process of drafting a client contract, or if you are considering revising one that already exists, I would recommend including the following list of items...

Posted via email from Create | Inspire - DM2 Studios

Friday, November 23, 2012

Samsung Sues Apple Over iPad Mini

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Samsung filed a motion this week to amend its patent lawsuit against Apple to include the iPad Mini and new fifth-generation iPod Touch.

The motion claims since Samsung didn't know of the products when it filed the original lawsuit, they should be included since their design and software are so similar to other Apple products.

Here's an excerpt of the filing via AllThingsD:

The iPod Touch 5, iPad 4, and iPad Mini have the same accused functionality as the versions of the iPod Touch and iPad that are already part of this case. As such, the proof of infringement of the patents-in-suit by the iPod Touch 5, iPad 4, and iPad Mini will be substantially the same as for other Apple devices already accused of infringement in this litigation.

Posted via email from Create | Inspire - DM2 Studios

Friday, October 26, 2012

Jailbreaking Is Now Legal For Smartphones

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The Digital Millennium Copyright Act outlaws attempts to "circumvent" digital rights management schemes, but Congress is able to grant exemptions to the rule. Yesterday a bunch of changes were published—making it legal to jailbreak phones, but not tablets.

Posted via email from Create | Inspire - DM2 Studios

Tuesday, October 16, 2012

Foxconn admits child labor laws breached by use of underage interns

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Foxconn has admitted that it employed underage interns in breach of China's child labor laws. An internal investigation at its Yantai factory found some of the young trainees were aged 14- and 15-years old (16 being the legal minimum). In a statement received by CNET, the company advised that "this is not only a violation of China's labor law, it is also a violation of Foxconn policy and immediate steps have been taken to return the interns in question to their educational institutions." This comes as a further blow to the firm's employment record, after recent riots breaking out and strikes over iPhone 5 quality standards. These interns were sent to the facility from schools, with Foxconn carrying out full investigations with the relevant educational bodies to try to work out how this was allowed to happen. The tech manufacturer has been keen to accept responsibility for its part in the situation, advising strong action will be taken against any full-time members of staff found to have played a part in the breach.

Posted via email from Inspiration

Wednesday, September 26, 2012

Google's Self-Driving Cars Now Legal in California

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California governor Jerry Brown stopped by Google Tuesday to sign a bill that explicitly legalizes self-driving cars like those company co-founder Sergey Brin is so hot on.

The bill — SB 1298, sponsored by Sen. Alex Padilla (D-L.A.) — essentially establishes safety guidelines and performance standards for autonomous vehicles operating on California’s roads and highways, the first step in their public deployment. Self-driving cars can now be tested on public roadways — as long as a licensed human driver is seated at the wheel and able to take over in the event of a malfunction.

Posted via email from Inspiration

Monday, September 24, 2012

Apple seeks U.S. Samsung sales ban, $707 million more in damages

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Apple Inc has asked for a court order for a permanent U.S. sales ban on Samsung Electronics products alleged to have violated its patents along with additional damages of $707 million on top of the billion-dollar verdict won by the iPhone maker last month.

Samsung has responded by asking for a new trial.

The world's top two smartphone makers are locked in patent battles in 10 countries as they vie for top spot in the lucrative, fast-growing market.

Posted via email from Inspiration

Saturday, September 15, 2012

Zynga Sues EA, Files Rebuttal and Countersuit

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Zynga responded to Electronic Arts’ copyright infringement claims on Friday with a defense of its version of a “life simulation” game and a counterclaim that alleges the game giant illegally interfered with its recruiting.

Zynga filed a pair of motions to rebut Electronic Arts’ claims in the original filing, arguing that The Ville on Facebook is not a carbon copy of EA’s The Sims Social. And in a third filing, it countersued, alleging that EA participated in unlawful actions, including anti-competitive business practices, when it came to recruiting employees.

Posted via email from Inspiration

Wednesday, September 5, 2012

If You're Using BitTorrent - You're Being Watched

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Anyone who has downloaded pirated music, video or ebooks using a BitTorrent client has probably had their IP address logged by copyright-enforcement authorities within 3 hours of doing so. So say computer scientists who placed a fake pirate server online - and very quickly found monitoring systems checking out who was taking what from the servers.

The news comes from this week's SecureComm conference in Padua, Italy, where computer security researcher Tom Chothia and his colleagues at the University of Birmingham, UK, revealed they have discovered "massive monitoring" of BitTorrent download sites, such as the PirateBay, has been taking place for at least three years.

Posted via email from Inspiration

Friday, August 31, 2012

These Are The 6 Apple Patents Samsung Violated

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Apple won its big patent lawsuit against Samsung.

We've pulled together the six patents the jury says Samsung violated.

Posted via email from Inspiration

Tuesday, August 28, 2012

Apple vs. Samsung Continued: Why This War is Far From Over

Technology may move at the speed of electrons, but the law tends to slouch stubbornly along like — well, like an ass.

For all the hubbub about the billion-dollar jury decision in the Apple-Samsung lawsuit (and despite Apple moving forward with a bid to ban eight specific mobile gadgets), we’re not even close to a final resolution of round one in this case — let alone an appeal.

That’s great news for the lawyers (Apple’s team at Morrison Foerster, whose email addresses all read “mofo.com”, is billing at a median rate of $581 an hour, according to court documents). It’s not so great for consumers who want to figure out which phone to buy, or any company that feels the chill of potential patent infringement. And it’ll be a disappointment to anyone used to the lightning pace of social media and Silicon Valley.

Posted via email from Inspiration

Saturday, August 25, 2012

Verdict reached in Apple/Samsung case, finds Samsung guilty of massive infringement

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In the fast-moving tech industry, most battles are won and lost in the market, not the court room. Courts are designed to move slowly and allow time for each side to make a case, conduct depositions, and call witnesses. More often than not, court cases function as mopping-up actions to redress alleged financial wrondoings long after the products and patents being fought over have faded from the public’s eye.

Posted via email from Inspiration

Thursday, August 16, 2012

Useful Legal Documents For Designers (PDF/DOC)

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Contracts are a source of anxiety and dismay in creative work, but they exist for a good reason. A good contract ensures that you and your client have the same expectations, and protects you in case things go south. Ideally, your contract should be a combination of industry standards, legal protection and personal preferences. To help you get started, here’s a set of 10 basic agreements for a variety of common business situations that creative professionals face.

Posted via email from Inspiration

Saturday, August 11, 2012

Google Lays the Smack Down on Torrent Sites in Search Results

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Next week Google will begin censoring sites for which it receives a large number of copyright removal requests by reducing their Google site rank across their entire domains.

Google's Transparency Report reveals that some sites used for torrenting pirated content receive more than 100,000 complaints a month. While Google has refused the requests of organizations like the RIAA to stop listing these sites altogether, it'll be effectively doing the same thing by pushing them down in your search results. Yes, censorship. And it won't do a lick to stop piracy.

Posted via email from Inspiration

Wednesday, August 8, 2012

Court Decides Warrantless Wiretapping Is OK

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A US federal appeals court has given the green light for warrantless wiretapping. That means federal government can now spy on communications between America citizens without any warrants—and without fear of being sued, either.

Posted via email from Inspiration

Monday, July 16, 2012

From bad to worse: jury directs RIM to pay $147.2M

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The hits just keep coming for Research in Motion Ltd.

Late Friday, a San Francisco federal court jury ordered the struggling smart-phone maker to pay $147.2 million to Mformation Technologies Inc., after it came out on the losing end of patent litigation.

Jurors determined that RIM’s Blackberry Enterprise Server application, which lets companies remotely manage their staff’s Blackberry devices, infringes on patents owned by Edison, N.J.-based Mformation.

Posted via email from Inspiration