Legal Archive

After news of the settlement between Sony and George Hotz came out, we had a few unhappy people complaining about how Hotz would now keep all the money donated to him, that he would run off to some tropical island, never to be heard from again. Well, as it turns out, Hotz has actually kept his word: he donated all the leftover donated money to the Electronic Frontier Foundation.

Well, it seems like Sony vs. George Hotz has ended pretty much without a bang. Sony announced on its Playstation blog that the two parties have settled the case. Under the settlement, Hotz agrees to a permanent injunction fo his jailbreaking hack, but admits to no wrong-doing. A wise and, dare I say it, mature end to the lawsuit.

"The hacker hordes of Anonymous have transferred their fickle attention to Sony. They are currently attacking the company's online Playstation store in retribution for Sony's lawsuit against PS3 hacker George Hotz. A denial of service attack has temporarily taken down playstation.com."

"The International Trade Commission has ruled in favor of Apple in one of the company's patent disputes with Nokia. ITC Judge E. James Gildea said on Friday that Apple did not violate any of Nokia's five mobile device patents, though the Commission's members must first review the decision before taking any further action." In the vice-versa case, ITC staff sided with Nokia (i.e., Nokia does not violate Apple's patents either).

"Sony has filed a new document arguing that the legal action against the noted hacker George Hotz should proceed in California. One of the arguments Hotz's legal team made against California's jurisdiction was the lack of a PlayStation Network account, which means he didn't agree to the Terms of Service, but now the company claims to have 'proof' that Hotz did in fact have a PSN account. An interview with a company based in California, and the number of downloads from California, are being used as evidence."

"Does $75 trillion even exist? The thirteen record companies that are suing file-sharing company Lime Wire for copyright infringement certainly thought so. When they won a summary judgment ruling last May they demanded damages that could reach this mind-boggling amount, which is more than five times the national debt. Manhattan federal district court judge Kimba Wood, however, saw things differently. She labeled the record companies' damages request 'absurd' and contrary to copyright laws in a 14-page opinion." Wait, this is only five time the US national debt? Fascinating.

Since competing on merit is looked down upon in the computer and software world, companies in this business usually go for the blindfolded chick with the scale and sword. Up until recently, Microsoft didn't go for the whole patent litigation thing, but now that they've tasted some, they want more. They just sued Barnes & Noble, Foxconn, and Inventec for patent infringement because they use Android.

Microsoft is claiming that Android infringes its patents, and has chosen Barnes and Noble, which is using Android for its e-reader, as a target for its ire: "The Android platform infringes a number of Microsoft’s patents, and companies manufacturing and shipping Android devices must respect our intellectual property rights."

"So many countries in need of the Digital Millennium Copyright Act, so little time! The US government, still trying to secure final passage for the drafted-in-secret Anti-Counterfeiting Trade Agreement, has already turned its attention to a new multilateral trade agreement that will bring the wonders of the DMCA to countries like Australia, Brunei, Chile, Singapore, Malaysia, and Vietnam. The new Trans-Pacific Partnership, like the ACTA before it, had its intellectual property chapter drafted by the US. Once again, the chapter was drafted in secret and has been classified for at least four years after negotiations end. The agreement exports (nearly verbatim) the DMCA's rules on digital locks, ISP liability, and subscriber disconnections, with a few extra goodies on the side." Sigh.

Well, how about some positive news to end this day? How about annoying the heck out of the Business Software Alliance? There's a new proposal for a directive on consumer rights in the EU, and in it, digital goods - software, online services, and so on - are explicitly defined as goods that are no different than any other good - like bread, watches, or cars. In other words, you would suddenly own the copies of software you buy, effectively declaring the EULA as a worthless piece of paper. Surprise - the BSA is not happy about this.

Well, this rumour, coming from the reputable Wall Street Journal, isn't entirely unsurprising. Apparently, the omnipotent people familiar with the matter have told the WJS that the US Department of Justice and the California State Attorney General's office are investigating the MPEG-LA for possible anti-competitive practices regarding VP8.

"Oracle has claimed that Google derived its Android code from the specifications for 'hundreds' of Oracle's copyrighted Java files, and that at least eight Android files are actually decompiled Oracle object code. Last week, Google asked a federal court to consider dismissing the copyright portion of the patent and copyright infringement suit that Oracle brought against Google and Android last August. But Judge William Alsup rejected Google's request, following a letter from Oracle strongly defending the copyright claims." Also - wait, are we already back to A? Didn't Alsup do the Apple vs. Psystar case?

"The FBI yesterday executed 40 search warrants around the US to gather evidence on the Anonymous distributed denial of service attacks in defense of WikiLeaks last year - attacks which targeted Visa, MasterCard, PayPal, and Amazon. And when the FBI comes a-knockin', the whole house starts a rockin'."

"Sony has won its request for a temporary restraining order in its PS3 jailbreak case against Geohot and fail0verflow, despite a jurisdictional technicality. At the same time, the judge at the US District Court for the Northern District of California has allowed Sony to keep the lawsuit in San Francisco. The restraining order forbids the jailbreak team from distributing or linking the jailbreak procedure, or encouraging others to jailbreak or hack their PS3 or PSN. They've also been ordered to turn over any computers or storage media used to create the jailbreak to Sony's lawyers." Land of the free fail.