Ares' Soap Box

There are no active watches, warnings or advisories

Remember the Communications Decency Act? Enacted 1996, found unconstitutional 1997. Or its successor attempt to reduce discourse on the Internet to what is suitable for 8-year-olds, the Child Online Protection Act? Invalidated 2003. Seven state laws attempting to restrict Internet content on grounds of decency have been struck down. Despite all this, Massachusetts has now added a couple of paragraphs to its (traditionally bricks-and-mortar) indecency law that applies a "harmful to minors" test to Internet content. The ACLU of Massachusetts and others have brought suit to block the law, which went into effect on July 11. Coincidentally, today a US appeals court tossed out the FCC's indecency policy.

Read more of this story at Slashdot.

Antidepressants may help a lot of people get up in the morning but new research shows they are making shrimp swim into that big bowl of cocktail sauce in the sky. Alex Ford, a marine biologist at the University of Portsmouth, found that shrimp exposed to the antidepressant fluoxetine are 5 times more likely to swim towards light instead of away from it. Shrimp usually swim away from light as it is associated with birds or fishermen.

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An anonymous reader writes "Last week, we discussed Techdirt's tale of 'Hollywood Accounting,' which showed how movies like Harry Potter still officially 'lose' money with some simple accounting tricks. This week Techdirt is taking on RIAA accounting and demonstrating why most musicians — even multi-platinum recording stars — may never see a dime from their album sales. 'They make you a "loan" and then take the first 63% of any dollar you make, get to automatically increase the size of the "loan" by simply adding in all sorts of crazy expenses (did the exec bring in pizza at the recording session? that gets added on), and then tries to get the loan repaid out of what meager pittance they've left for you. Oh, and after all of that, the record label still owns the copyrights.' The average musician on a major record deal 'gets' about $23 per $1,000 made... and that $23 still never gets paid because it has to go to 'recouping' the loan... even though the label is taking $630 out of that $1,000, and not counting it towards the advance. Remember all this the next time a record label says they're trying to protect musicians' revenue."

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countertrolling sends in a clip from Wired that begins "...researchers at MIT have found a method to let users click and scroll exactly the same way they would with a computer mouse, without the device actually being there. Cup your palm, move it around on a table and a cursor on the screen hovers. Tap on the table like you would click a real mouse, and the computer responds. It's one step beyond cordless. It's an invisible mouse. The project, called 'Mouseless,' uses an infrared laser beam and camera to track the movements of the palm and fingers and translate them into computer commands... A working prototype of the Mouseless system costs approximately $20 to build, says Pranav Mistry, who is leading the project."

Read more of this story at Slashdot.

trashbird1240 writes "Reports on a recent meta-analysis of bullies and victims found that bullies and victims have similar personality traits, but that bullies tend to do poorly in school, as opposed to those who get bullied. Both bullies and victims are poor social problem solvers, but they resort to different tactics to handle their social ineptitude. To me this represents a huge leap forward in understanding nerd psychology."

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Lanxon writes "German-born artist Jan Vormann, 27, has spent the past three years traveling the world repairing crumbling walls and monuments with Lego, reports Wired. His "Dispatchwork" began in 2007 in the small village of Bocchignano, Italy, as part of the contemporary art festival 20 Eventi. Developing the work in situ, he became intrigued by the makeshift repairs that had been made to the crumbling walls. The approach favored function over appearance, reminding Vormann of the haphazard Lego designs created by children."

Read more of this story at Slashdot.

coondoggie writes "NASA today significantly expanded its Centennial Challenges program to include $5 million worth of new competitions to develop robots, small satellites, and solar powered spacecraft. One of the new competitions is the Sample Return Robot Challenge. Its purpose is to demonstrate a robot that can locate and retrieve geologic samples from wide and varied terrain without human control. This challenge has a prize purse of $1.5 million. The objectives are to encourage innovations in automatic navigation and robotic manipulator technologies."

Read more of this story at Slashdot.

The RIAA's "business plan" is even worse than I'd guessed it was.

The RIAA paid Holmes Roberts & Owen $9,364,901 in 2008, Jenner & Block more than $7,000,000, and Cravath Swain & Moore $1.25 million, to pursue its "copyright infringement" claims, in order to recover a mere $391,000. [ps there were many other law firms feeding at the trough too; these were just the ones listed among the top 5 independent contractors.]

Embarrassing.

If the average settlement were $3,900, that would mean 100 settlements for the entire year.

As bad as it was, I guess it was better than the numbers for 2007, in which more than $21 million was spent on legal fees, and $3.5 million on "investigative operations" ... presumably MediaSentry. And the amount recovered was $515,929.

And 2006 was similar: they spent more than $19,000,000 in legal fees and more than $3,600,000 in "investigative operations" expenses to recover $455,000.

So all in all, for a 3 year period, they spent around $64,000,000 in legal and investigative expenses to recover around $1,361,000.

Shrewd.

These people are very shrewd. No wonder they get paid the big bucks
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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

Cyrus writes "According to a Bloomberg scoop, a New York man claiming to own a majority of Facebook has gotten a signed court order to block Facebook from transferring assets."

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An anonymous reader writes "Apple has done it again. All threads about Consumer Report's iPhone4 non-recommendation are removed or deleted. If it happened once, maybe you'd say it was a glitch. But what if it happened twice? Three times? Four times, five, six?"

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shikaisi writes "Not content with just killing people in computer games, South Korea has gone one better and is deploying remotely controlled sentry robots on the border with the north. According to the article 'If the command centre operator cannot identify possible intruders through the robot's audio or video communications system, the operator can order it to fire its gun or 40mm automatic grenade launcher.'"

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MMBK writes "Our friends at JESS3 have unveiled The Ex-Blocker. It's a Firefox and Chrome plugin that erases all name and likeness of your ex from the Internet, even if they become a meme, or the president. You'll no longer have to threaten to delete your Facebook account or concoct an elaborate e-hoax to assuage the reality-shattering complications that are born from break-ups. Simply construct an Internet that omits bad vibes all together."

Read more of this story at Slashdot.

HouseMuzik writes "Betanews' Tim Conneally reports that sources close to RIM have confirmed the existence of a BlackBerry Tablet device, with a ship date by the end of the year. Previous reporting on the device was confirmed by the source, including a 7" screen and a 1GHz processor. The source added that the device would support Flash, and would include a hardware-based Flash accelerator. Betanews' reporting seems to confirm an earlier report that quoted Rodman & Renshaw analyst Ashok Kumar as saying the BlackBerry Tablet indeed existed."

Read more of this story at Slashdot.

theodp writes "The NY Times reports on economists' efforts to measure a home computer's educational impact on schoolchildren in low-income households. Taking widely varying routes, they are arriving at similar conclusions: little or no educational benefit is found. Worse, computers seem to have further separated children in low-income households, whose test scores often decline after the machine arrives, from their more privileged counterparts. Abroad, researchers found that children in Romanian households who won a $300 voucher to help them buy computers received significantly lower school grades in math, English and Romanian. Stateside, students in a North Carolina study posted significantly lower math test scores after the first broadband provider showed up in their neighborhood, and significantly lower reading scores as well when the number of broadband providers increased. And a Texas study found that 'there was no evidence linking technology immersion with student self-directed learning or their general satisfaction with schoolwork.'"

Read more of this story at Slashdot.

itwbennett writes "The US Federal Trade Commission has warned two people associated with a now-defunct magazine and Web site for gay teens and young men that they would violate the privacy promises the publication made to subscribers by selling their personal information during a bankruptcy proceeding. The FTC, in a letter sent earlier this month, also suggested that the owners of XY Magazine and XY.com would be violating the privacy standards the company had in place before shutting down if they used the subscribers' personal information in a relaunch of the magazine or website. The personal information is listed as part of the debtor's estate in a New Jersey bankruptcy proceeding for Peter Ian Cummings, editor and founder of the magazine. Before the magazine's demise, many of the subscribers lived at home with parents."

Read more of this story at Slashdot.

Star Wars: The Force Unleashed debuted in 2008 to less than stellar reviews, but sales of the game were strong. A sequel for the game is due out in October, and the developers spoke at length with the Guardian's Games blog about the improvements they've been working on. One of their priorities was adding depth to the combat system to make it less of a button-mash. "The team has completely redesigned all the familiar Force powers from the first title including Force Push and Force Grip, and has added a few newcomers including the potentially amusing Force Mind Trick that'll allow you to trick Storm Troopers into leaping from high ledges." Enemy AI is another area that's getting some love, and they're trying to make level design more open and less linear. The team's confidence in the changes they're making stems in part from much greater familiarity with their game-building tools. "Like its predecessor, Force Unleashed 2 will combine three third-party physics engines, Havok, Euphoria and Digital Molecular Matter, to provide cutting edge human animation, materials effects and authentic physical forces. ... 'Whenever you're building the first iteration [of a game series] and a brand new game engine at the same time, everything comes in hot and fast – we were literally figuring out how to get the most out of those three technologies all the way up to shipping. The DLC then helped us to learn more, and that knowledge has given us the biggest leap forward.'" A trailer for the game was released at E3.

Read more of this story at Slashdot.

In SONY BMG Music Entertainment v. Tenenbaum, the Court has reduced the jury's award from $675,000, or $22,500 per infringed work, to $67,500, or $2,250 per infringed work, on due process grounds, holding that the jury's award was unconstitutionally excessive.

In a 64-page decision, District Judge Nancy Gertner ruled that:-to decide the issue on common law remittitur grounds would not have avoided the constitutional question, since plaintiffs had indicated they would not accept a "remitted" award, but would instead proceed to a second trial in the event of remittitur;
-the award of $22,250 per infringed work could not withstand scrutiny under the Due Process Clause and was unconstitutionally excessive;
-$2,250 per infringed work was the maximum amount that the Constitution would permit given the facts of this case;
-the Gore, Campbell, and Williams line of cases was applicable to determining the constitutionality of statutory damages awards
-statutory damages must bear a reasonable relationship to the actual damages
-the actual damages sustained by plaintiffs was no more than $30
-the benefit to the defendant was in the neighborhood of $1500
-it was permissible to treble the minimum statutory damages due to defendant's wilfulnessDecision reducing jury verdict from $675,000 to $67,500

[Ed. note. Since the Court concluded that the actual damages were ~ $1 per work, or $30 total, I don't understand how it arrived at the conclusion that an award of 2250 times that amount passes constitutional muster. -R.B.] *-->










* Document published online at Internet Law & Regulation-->

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In Viacom v. YouTube, the Court has ruled that YouTube qualifies for DMCA "safe harbor" protection.

Opinion and Order

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->

In Capitol Records v. Thomas-Rassett, Judge Davis has appointed a Special Master to promote meaningful settlement discussions.

The Special Master's fee will be $400 per hour, and payment will be made by the plaintiffs.

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music playerTo contribute to Marie Lindor's legal defense, see below.
The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.-->