Maximum PC Law RSS Feed

MPAA Throws a Fit at EFF Over Real DVD Lawsuit Statement

Alex Castle — Tue, 21 Oct 2008 15:25:28 -0500

Monday, the MPAA posted an open letter to the EFF titled “Hollywood isn’t Living in the Past, EFF Shouldn’t Either.” The testily-titled missive contains the association’s responses to claims that its actions against the RealDVD DVD burning software are an attempt to maintain control over technology and innovation.

In the most pointed paragraph of the letter, the MPAA’s Jeff Williams writes:

“Forgive us if we take offense when the EFF and other activist organizations that continually take the side of those who profit from widespread copyright infringement attack our industry as one that stifles innovation. It's a desperate throw-back to the Napster days of old when they pull out this tired and weathered playbook. It's not 2001 anymore.”

The letter also argues that Hollywood and the internet are no longer at odds, and that legal services like iTunes and Hulu represent ways in which the industry is embracing innovation.

What do you think? Is the MPAA right to say that “The days of Hollywood being from Mars and Silicon Valley being from Venus are simply over?” Hit the jump and let us know.

RIAA Are Sore Losers, File Appeal in File-Sharing Mistrial

Alex Castle — Fri, 17 Oct 2008 15:05:06 -0500

Everyone’s favorite trade group, the RIAA, is up to more of its usual, mustache-twirling antics as it appeals the decision to declare a mistrial in its case against Jammie Thomas. For the uninformed, the 30-year-old Thomas is being sued for $220,000 by the RIAA for file sharing. As the first person to take the music industry to court, rather than settle, her case will set a very significant precedent and could have a strong impact on the future of file sharing and the internet.

The suit was originally decided in the RIAA’s favor in October, however Judge Michael Davis threw out the ruling and declared a mistrial, declaring that “he originally misguided the jury by indicating that simply the act of making a copyrighted song available for sharing amounts to infringement,” CNET reports.

The RIAA is appealing the decision, hoping the original ruling will stick and they won’t have to conduct a whole new trial.

What do you think of the Thomas case? Let us know after the break.

Newegg Reverses Decision to Collect New York Sales Tax

Chris Moody — Wed, 27 Aug 2008 09:32:10 -0500

Nothing is worse than when the government decides to levy another tax someplace. Newegg customers of New York were irked on June 1, 2008 when they found out that Newegg was being required to collect sales tax to orders sent to New York, even though Newegg doesn’t have a store there.

However, Newegg has backed away from that stance, sending out an email from Newegg Company Spokesperson and Vice President of Merchandising, Bernard Luthi, saying that it reversed it’s decision based on feedback from it’s customers.

“This decision was driven by your direct and candid feedback and our continued commitment to you as our valued customers.” He went on to thank customers for their patience as they worked things out.

Of course, New York residents are still responsible for paying their sales tax.

Newegg should be applauded for taking a stand. Collecting taxes for different states, counties, and localities would be a terrible mess for any online retailer to wade through. It would only serve to drive up prices for consumers and stifle internet commerce.

How do you feel about taxes on items purchased over the web?

Nintendo Tried to Fight Off Patent Troll, Now Faces Injunction

Chris Moody — Thu, 24 Jul 2008 09:07:43 -0500

Last year a company called Anascape brought a lawsuit against Nintendo and Microsoft, claiming the companies violated several of its patents on game controllers. Microsoft’s deep pockets settled the case for an undisclosed amount. Nintendo decided to continue the fight, but lost. A jury awarded Anascape $21 million in damages.. The judge has refused to give Nintendo a new trial and threatens to halt sales of GameCube controllers, Wavebirds, and Wii Classic controllers until Nintendo puts up the money or posts a bond so it can continue fighting.

With Sony losing a similar suit to Immersion and Microsoft caving in, it doesn’t look good for Nintendo to win its case.

ArsTechnica looked deeper into Anascape and its patents. They found that Anascape doesn't have a web site. All of its patents belong to Brad Armstrong of Carson City, Nevada. Searches for Anascape’s offices haven't turned up anything. Anascape's lawyer Doug Cawley claims that the company wants to enter the game controller business, but Nintendo has "clogged the market”.

What else did ArsTechnica find? Make the jump to see.

Its Not Good To Be The Spam King

Chris Moody — Wed, 23 Jul 2008 07:44:08 -0500

Unlike other kings, spam king Edward "Eddie" Davidson decided that he didn’t like his new royal domain at the minimum-security federal prison in Florence, Colorado. After serving five weeks of his 21 month sentence his Royal ‘Spamness’ hopped a ride with his wife when she came to visit.

"He jumped in the car with his wife," said Will Cochenour with Lakewood police. "When they were leaving, he forced her in the car, brought them home and left after a change in clothing.” Davidson was last seen Sunday afternoon in his wife's 2006 silver Toyota Sequoia.

Davidson's Power Promoters spamming network promoted junk between 2002 and 2005, gumming up inboxes everywhere.

The U.S. Marshals are leading the search, with help from FBI, IRS and the Rocky Mountain Safe Streets Task Force. This time however they are sure not to take him back to Club Fed, but somewhere with a bit more security, and you can bet he’ll be in for a longer stretch of time too. This is providing that one of his spammed subjects doesn’t run into him first and tar and feather him. While this would make it a great disguise, it is sure to remove hair coming off (ouch).

If you are out looking for the spam king, be sure to imagine him without his royal accoutrements as pictured below.

The Heck With Going Postal, I'm Going Admin On Your Ass

Chris Moody — Fri, 18 Jul 2008 11:04:28 -0500

Be wary of the disgruntled IT guy. No really, be wary. He most likely won’t be in to gun anyone down, but he may lock you out of the computer system. That’s just what happened to the City of San Francisco. Terry Childs a network engineer who helped create the city’s new multimillion dollar FiberWan system had reportedly faced disciplinary problems at work. He is now accused of hijacking the city FiberWan system locking out all other Admins.

While the system continues to run normally, administrators can’t make changes to the framework of the system. They’ve called in experts to get into the system but it could take several weeks.

Childs first gave up a bogus password to police. He has now clammed up and is refusing to cooperate. He is currently being held in jail in lieu of $5 million bail.

San Francisco's mayor, Gavin Newsom, described Childs as a formerly well-regarded worker who had apparently turned into a "rogue employee that got a bit maniacal", "He was very good at what he did, and sometimes that goes to people's heads".

Make the jump to see what he's facing.

Botting in MMOs Suffers a Setback

Chris Moody — Tue, 15 Jul 2008 14:31:49 -0500

Blizzard has won a summary judgment against the World of Warcraft bot maker MDY (the folks that brought you WowGlider, now MMOGlider) based on copyright grounds. The judge also decided that liability for contributory copyright infringement and tortious interference is off the table and won’t go to the jury at trial. This is a victory for Blizzard and a setback for MDY, which brought the action.

Botting has been common in MMO games from almost the beginning and developers have tried varying amounts of pressure to stop the practice. It causes headaches to developers trying to manage an ‘economy’ within their games and discourages players who want to play within the game's frame work and rules. Players have used it as a method to get ahead in MMOs and even turned it into real money by selling virtual items and characters made in this fashion for real money.

This is starting to sound bad for MDY. Who do you think is in the right? MDY, or Blizzard? The final ruling could have an effect felt across many MMOs.

Google and Viacom Reach Deal to Keep User Info Private

Chris Moody — Tue, 15 Jul 2008 07:52:52 -0500

It seems that either Viacom came to their senses about making Google turn over user data on YouTube, or they didn’t like the bad press that their suit was generating. They have reached a deal to protect the privacy YouTube watchers everywhere and will allow Google to anonymize YouTube user data.

Previously Viacom succeeded in getting Judge Louis Stanton of the U.S. District Court for the Southern District of New York to order Google to turn over as evidence a database what videos users watch, the users' computer addresses, and their usernames. Many groups including the Electronic Frontier Foundation argued that the order "threatens to expose deeply private information" and violated the Video Privacy Protection Act. Whether the Act, created when VCRs were high tech, could be applied to YouTube was debatable. Viacom and Google’s deal avoids the legal snarl all together.

If you are into deciphering legalese (and we can assume you are into self flagellation too) you can read the details here.