MySpace Ruled Not Liable In Texan Sex Case

The family of a 13-year old girl who was allegedly sexually assaulted by someone she met via Myspace have had their lawsuit against MySpace thrown out by a Texan judge.

MySpace Ruled Not Liable In Texan Sex CaseAs we’ve covered previously, this family was one of four who are pursuing MySpace for not taking sufficient effort to protect their children.

As the LA Times reports, “the ruling appears to be the first time a federal court has extended to social-networking sites the same broad free-speech protections granted to Internet service providers,” which if correct will have far reaching consequences. We imagine that all at MySpace will also be breathing a huge sigh of relief.

To protect the anonymity of the young girl, she was referred to as Julie Doe, through the case. The court papers revealed that when she joined MySpace, she had listed her age as 18, despite only being 13 years old at the time.

The Judge, Sam Sparks, was very direct in his ruling dismissing the case, “If anyone had a duty to protect Julie Doe, it was her parents, not MySpace.”

Not deterred by the ruling, Adam J Loewy, the Austin lawyer who represented the girl, said they planned an appeal, adding “We were prepared for a very long battle in this.”

Google Breaching Belgian Copyright: Judge

Belgian courts have ruled that Google is in breach of copyright.

Google Breaching Belgian Copyright: JudgeThe case was brought by Copiepresse, a copyright protection organisation that was representing 17 [UPDATE (thanks Michel) French-speaking] Belgian newspapers, complaining that both Google’s search and News service were in breach.

Their complaint is that their news pages are being cached by Google, thus, in their view, offering free access to their valuable content. Google’s argument is that they only display a headline and a short part of the content and also point out that they drive huge amount of readers to the newspapers Web sites.

This action was first launched last August in the Belgian courts. Google lost the case and was directed by the judge to remove the offending articles from the Google.be site and corresponding news service and post messages to their home pages. Google appealed the decision and lost yesterday.

Copiepresse is also pursuing similar action against Yahoo and MSN and it’s reported that they are in touch with copyright groups in Norway, Austria and Italy.

Google Breaching Belgian Copyright: Judge
It is understood that Copiepresse is pursuing Google for payment for access to their content. Google has stated that this will not happen – not surprisingly as _every_ other publication, worldwide, would be asking for the same.

Google respect both robots.txt and metatags that enable any Web pages publisher to exclude them from being included in the Google index. As Google’s Rachel Whetstone, European Director of Communications and Public Affairs, points out, if asked, Google will remove content if requested.

Confused
We’re very confused by the ruling. How do these publishers think people are going to find their content without a search engine pointing them? Sure, their regular readers will still visit their home pages, but their potential readership will not be aware of the quality of their writing.

Copiepresse

Viacom Gets Tough With YouTube

Viacom Gets Tough With YouTubeMedia giants Viacom International have finally lost patience with YouTube and demanded that they remove more than 100,000 of their video clips that have been posted up without permission.

The company – whose holdings include Paramount Pictures, MTV Networks, DreamWorks and Comedy Central – have calculated that YouTube has served up over 1.2 billion streams of its copyrighted video content.

As a result, Viacom have got out their big pointy DMCA stick and accused Google-owned YouTube of knowingly profiting from material stolen from them, as well as repeatedly breaking promises to filter out copyrighted works.

Viacom Gets Tough With YouTubeIn a statement, a clearly miffed Viacom said: “Virtually every other distributor has acknowledged the fair value of entertainment content and has taken deliberate steps to concluding agreements with content providers.”

“YouTube and Google retain all of the revenue generated from this practice, without extending fair compensation to the people who have expended all of the effort and cost to create it.”

Google have said that they’ll get the material down tout de suite, although not without adding a valedictory grumble, commenting, “It is unfortunate that Viacom will no longer be able to benefit from YouTube’s passionate audience which has helped to promote many of Viacom’s shows.”

Viacom Gets Tough With YouTubeRemoving Viacom’s rich portfolio of popular clips may certainly result in loss of revenue for YouTube, but some media analysts reckon it could be a lose-lose situation all round, as both parties risk naffing off consumers.

Viacom has said that although it’s still down with the idea of distributing clips online via YouTube, it’ll only do so via, “a fair and authorised distribution model.”

Apple Inc and Apple Corps, Now In Love

Apple Inc and Apple Corps, Now In LoveLove has broken out between the two Apples – computers and music.

Appropriate with Valentines Day arriving soon – and that it’s the name of the relatively recent Beatle’s album.

We’ve spoken to Apple Corps (music) insiders and learnt that there was genuine shock at them losing the last round of the UK trademark dispute with Apple Inc. (Computers as was – they’ve now dropped the computers part of the name).

Today’s announcement replaces the 1991 agreement between the two and ends up with Apple Inc owning all of the trademarks related to “Apple” with them licensing back certain trademarks to Apple Corps, “for their continued use.”

Apple Inc and Apple Corps, Now In LoveThe terms of settlement are confidential.

With this trademark dispute out of the way, the tables are now clear for a potential deal between the two Apple’s for selling the Beatles music online through iTunes. Some have spoken about the 14 February being the date of the announcement, fitting in with the Love theme again.

Our Apple Corps insider is keeping his cards close to his chest on this one. But if we hear … you’ll be the first to know.

iTunes Illegal Declares Norway Consumer Watchdog

iTunes Illegal Declares Norway Consumer WatchdogNorway has declared iTunes to be illegal because it doesn’t allow songs downloaded from the online music store to be played on any other equipment except their own, today’s FT reported.

This is the first time, worldwide, for action like this to have been successful, despite bodies in other countries threatening the same, including France.

The decision by the Norwegian consumer watchdog, which the FT describes as “powerful” is based on Apple’s restrictive approach breaking their consumer protection laws.

Apple have until the 1 October deadline to make their FairPlay DRM schema available to other technology companies or face fines, or ultimately have the service shutdown.

iTunes Illegal Declares Norway Consumer WatchdogThe original complaint was made by Torgeir Waterhouse, senior advisor to the Norwegian Consumer Council. He told the FT that “he was in negotiations with pan_European consumer groups to present a unified position on iTunes’ legality.”

Worrying news for Apple, especially when they hear that Germany and France have joined Sweden and Finland. When added together, this comprises more than 100m European consumers.

The Risks Of e-voting: ORG London Event

Clearly we love technology – it would be a bit of rum do calling ourselves Digital-Lifestyles if we didn’t.

The Risks Of e-voting: ORG London EventFirm believers in technology being used to add something, not being used for the sake of it, we also think there are some areas that technology should stay out of.

One being the counting of votes for elections. Democracy is just too valuable to be fiddled with.

We’ve all heard about the introduction of electronic voting machines in America and the huge number of concerns that has thrown up. Hell, there was even a film made about it – Hacking Democracy.

As we in the tech world know, anything that is on a computer can be manipulated. Removing people, who bring the appropriate check and balances to the process, is a very bad idea.

What does it matter if it takes a little bit longer to count the votes? Who’s hurrying? Let’s not forget that the party elected in the UK is going to be in power for four years, so a couple of extra days to count the vote matters not.

The Risks Of e-voting: ORG London EventThere are just too many risks to let this go ahead.

Well, some bright spark appears to think that introducing computerised voting in the UK and further afield is a good idea.

Luckily the Open Rights Group (ORG) is holding some discussions on the 8th Feb to discuss this very subject.

If you’re near to London, we urge you to attend. This is important stuff.

One Fifth Of Windows Are Copies: Microsoft

Microsoft have let it be known that they know that at least 22.3% of the copies of Windows in use in the world are not purchased.

One Fifth Of Windows Are Copies: MicrosoftThey’ve been compiling stats on this using Microsoft’s Windows Genuine Advantage (WGA) program since July 2005.

Initially WGA only used to be called upon when users of the Windows OS want to update their software. The most frequent reason for updates is when Microsoft needs to ship software patches to their OS or applications due to them being buggy and hackers having exploited holes in it.

Since June 2006, it’s been clear that a change to the WGA, is that it’s been contacting Microsoft without the users permission or knowledge, passing on information. This news of “phoning home” was met with accusations of Microsoft shipping spyware … and countered by software developers by the creation of removeWGA.

We know where you live
Given Microsoft knows where most of those people are – via their IP address that they were using when they did the downloads – it’s interesting that they haven’t acted on the information. Perhaps they figured that knocking on the door of dead grannies demanding compensation, as others have done, wasn’t good PR.

One Fifth Of Windows Are Copies: MicrosoftThe real figure of pirated copies is likely to be far higher than the 22.3% figure quoted, as it’s only the innocent/daft who would let their computer tell Microsoft that they are using a piece a software they bought from the bloke at the car boot sale for a fiver.

Why release this news now?
With the arrival of Microsoft Vista on the 30 January, it pays Microsoft well to let people know how hard done by they are, giving them all the more reason to promote the security features that come with Vista.

It’s doubtful many will shed a tear for Microsoft given how outrageously profitable the company is. Perhaps we should run a competition to see just how many people are crying about this one?

Singapore WiFi ‘Thief’ Gets Probation

A 17-year old Singaporian male has just escaped a jail sentence, for piggy-backing on someone else’s WiFi connection without their permission, AFP have reported. In place of ‘time in the can’, he ended up with 18 months probation, including a period in a boys home and 80 hours of community service.

Singapore WiFi 'Thief' Gets ProbationPretty severe for securing “access at about 02:00 on May 13 last year to a wireless router belonging to a person identified as Amos Leong “for the purpose of obtaining computer service” and specifically for Internet access.”

The poor fellow, Garyl Tan Jia Luo, was apparently addicted to online gambling the court was told. This lead him to jump on to someoneles connection, after his Mum took away his modem. He was sitting outside using his computer when someone became suspicious and called the boys in blue to get him arrested.

Back in December he pleaded guilty and had a possible maximum three years prison sentence hanging over him over the whole Xmas period.

There’s another case coming to the Singapore courts soon, with the bod facing some 60 charges of the same.

We could sort of understand it if someone was having to pay for the access, like the 20c/min service that SingTel WiFi service started back in 2002, but what makes this whole thing even stranger is that the Singapore government are planning to give the population free WiFi access soon.

While this is the first case of this sort in Singapore, there have been other examples around the world, including the UK and US. As you can see, it was particuarly popular to run these bods through the courts in 2005.

What’s up with these people?
Whenever we hear about these cases, we’re frankly amazed that these people get done at all. Who is it hurting when a little bandwidth is borrowed?

We’ve had first-hand experience with this at our previous office in Hanson Street, London. We had naturally left our WiFi connection open, just incase someone wanted to check mails as they were passing by. Sadly someone nearby decided that they were going to abuse it and cane the heck out of it to download huge amounts of content on P2P networks.

Once we found out about it, it wasn’t a call to the law, but a tightening of the setting on the router to make sure the uninvited guest wasn’t able to abuse our generosity anymore.

[via]

Apple Gets Legal On iPhone Skins

Apple Gets Legal On iPhone SkinsOnce again Apple’s legal team have rolled into action, this time over mobile phone ‘skins’ based on their new iPhone interface.

Straight after Apple’s iPhone announcement last week, fanboys set about developing a similar interface that would work on devices running Palm and Windows Mobile operating systems.

The skins don’t actually add any new functions to the phones, but once installed offer a pretty new iPhone-like interface, with the icons linking to comparable applications on the phones.

Apple Gets Legal On iPhone SkinsAlthough the skins were offered for free – and probably served as a great advert for Apple’s as yet unreleased phone – as soon as Apple’s head honchos caught wind of them, they reached for the speed dial and unleashed their ever-busy lawyers.

Letters were fired off to both the creators of the skins and to bulletin board admins where screenshots of the interface had been posted

Both Brighthand and Xda-developers.com forums were on the receiving end of an Apple legal missile, with MoDaCo website owner Paul O’Brien, receiving this stern warning:

“It has come to our attention that you have posted a screenshot of Apple’s new iPhone and links that facilitate the installation of that screenshot on a PocketPC device.”

“While we appreciate your interest in the iPhone, the icons and screenshot displayed on your website are copyrighted by Apple.

Apple Gets Legal On iPhone Skins“Apple therefore demands that you remove this screenshot from your website and refrain from facilitating the further dissemination of Apple’s copyrighted material by removing the link to http://forum.xda-developers.com, where said icons and screenshot are being distributed.”

Michael Arrington, of tech blog TechCrunch was suitably unimpressed, “I think this is all complete nonsense. If Apple wants to go after the guy that made the Windows Mobile skin that looks like the iPhone, fine. But to bully bloggers who are simply reporting on this is another matter.”

Palm iPhoney interface
Windows Mobile iPhone interface

[Via theage.com.au]

SCH-V960: Samsung ‘Optical Joystick’ Phone Launched

Samsung 'Optical Joystick' SCH-V960 Phone LaunchedSamsung has launched what it claims is the first mobile phone in the known universe to come with an optical joystick.

You may be wondering why you’d want one of those in the first place, but Samsung clearly thinks it’s on to a winner with its new SCH-V960 ‘Optical Joystick’ Phone.

As ever, Samsung have thoughtfully included a photo of some hotty demonstrating the joys of the optical interface, showing her little digit poised over the handset’s control.

Moving your digit over this control moves a cursor around the screen, just like a mouse about on a grown up PC.

The boffins at Samsung reckon that this will give users nippier access to frequently used menus and make it easy to skip through music track listings.

Weighing a pocket-pleasing 102g, the V960 is a fully fledged phone too, coming with a 2 megapixel camera, Bluetooth, GPS, microSD memory slot and a sizeable 2.12-inch 240×320 262K colour TFT screen.

Samsung 'Optical Joystick' SCH-V960 Phone LaunchedThe slide-open phone also comes with an illumination sensor which automatically controls the brightness of the LCD screen and keypad, so you won’t be dazzled if the phone goes off in the middle of the night.

Kitae Lee, President of Samsung’s Telecommunication and Network Business was well chuffed with the new interface, “As the importance of user-friendly interface increases, Samsung is researching and developing methods that enhances intuitive use of mobile phones. Samsung will continue to combine innovative ideas and the latest technology that will benefit our end users.”

Coming in black and white versions, the V960 will be launched in the Korean market at the end of this year but – as ever- there’s ne’er a hint from Messrs and Missuses Samsung as to whether us Limeys will be getting a slice of the optical action.

Samsung SCH V960 Optical Joystick phone. How does it work? [unwired]