Archive for 2012/04/12

Therefore, as the uploader, you are awarding the social networking site rights to redistribute and use the material.

If the file is your own intellectual property, then it is your prerogative to do so. However, even if you have created material — such as class notes — it may not be the case that it is actually in your ownership, and so theoretically, you may be infringing copyright by sharing such files across the site.

More:

http://www.zdnet.com/blog/igeneration/students-file-sharing-work-on-facebook-is-it-legal/15067


http://www.zdnet.com/blog/facebook/europe-versus-facebook-new-download-tool-is-not-enough/11713

I asked Facebook for a statement regarding its support, but the company declined to comment on this article. Instead, a spokesperson pointed me to Facebook’s letter about the bill. Emil Protalinski: “I doubt the company will change its stance, even if there is a huge uproar against the bill like there was for SOPA and PIPA


http://www.zdnet.com/blog/facebook/after-denouncing-sopa-and-pipa-how-can-facebook-support-cispa/11700


http://www.techdirt.com/articles/20120411/12393118456/louis-vuitton-touts-basketball-trademark-victory-similar-lawsuit-against-warner-bros.shtml


http://www.techdirt.com/articles/20120410/23092818446/historic-archive-websites-january-18th-sopa-blackout.shtml

Falls short of handing TOTAL CONTROL to users


http://www.theregister.co.uk/2012/04/12/facebook_privacy_tool_archive_update/


http://www.theregister.co.uk/2012/04/12/ipcc_report_on_scotland_yard_relationship_with_news_of_the_world/


http://www.theregister.co.uk/2012/04/12/amazon_aws_cloudsearch/


http://www.wired.com/wiredscience/2012/04/biodigital-human/

And simultaneously adds to the customer profile which makes for happy advertisers


http://arstechnica.com/apple/news/2012/04/apple-prompting-users-for-security-questions-to-bolster-apple-id-security.ars

Far from being Anonymous


http://gizmodo.com/5901430/these-breasts-nailed-anonymous-hacker-in-fbi-case

Hacking group TeamPoison claims responsibility after conversation between MI6 officials is posted on YouTube.

In an interview with Sky News on Thursday afternoon, a person who claimed to be responsible for the interception of the anti-terror calls said: “It took no skill whatsoever. It was pretty much an in-and-out job … It was pretty much simple.”

The person, who used Skype and had an American accent, added: “We’re showing MI6 that they are nothing but jokes and they are the real terrorists.

“We fear no authority whatsoever. The reason we have been around so long is because we’re so knowledgeable. Our main factor is Middle East-related … in a nutshell we really don’t care about ourselves more than we care about real people. That’s why we’re here.”

More:

http://www.guardian.co.uk/uk/2012/apr/12/met-police-anti-terrorism-hotline

Previously:

Anonymous and Team Poison start Op Robin Hood

Team Poison have joined forces with Anonymous to launch Operation Robin Hood, an assault on banks that should see funds channeled back to the disenfranchised 99 per cent.

“We have watched our brothers and sisters being refused their hard earned money by the banks on top of being beaten and brutalized by officers during peaceful demonstrations. Congratulations banks, you have gotten our attention,” says a message jointly signed by Team Poison and Anonymous.

“Banks have stolen millions from [their] customers as well as lacked the security to protect them. We give you Operation Robin Hood.”

More:

http://www.theinquirer.net/inquirer/news/2128175/anonymous-team-poison-start-op-robin-hood

“It is unclear how Quinn Emanuel intends to zealously represent defendants Megaupload Limited and Kim Dotcom while also protecting confidential attorney-client information gained in the course of representing other clients [...] particularly where those clients’ interests are directly opposed to those of the defendants,” the government writes.

But according to the government the conflicts go even deeper, particularly since Quinn Emanuel are now applying for funds seized from Megaupload to be released in order to pay legal fees.

“The possibility of a conflict of interest raised by Quinn Emanuel’s proposed representation of Megaupload Limited and Kim Dotcom is not limited to mere subject matter. The assets seized by the government from defendants may eventually be restored to victims – including possibly the current and former Quinn Emanuel clients listed above – as restitution,” the government adds.

Much more:

http://torrentfreak.com/us-govt-objects-to-megaupload-hiring-top-law-firm-121012/

What’s benefits Big Content, may not benefit Big Data and vice versa

Today the Group of the Progressive Alliance of Socialists & Democrats, the European Parliament’s second biggest group, held a meeting on ACTA.

At the end of the meeting David Martin, the Parliament’s rapporteur on ACTA said his job as rapporteur is to balance hopes and fears and to make his recommendation on voting for or against ACTA. He said that the Commission says ACTA doesn’t change European law. Then what benefits would we get? Only cooperation with 3rd countries. He thinks there is inadequate separation of commercial and personal use. In the end, he said, he thinks that the hopes do not balance the fears and his recommendation will be to reject ACTA.

So, after the ITRE draft opinion on ACTA, the draft final report on ACTA will recommend rejection as well. Note that another 3 committees will formulate opinions, and that Members of the committees can propose amendments. After that, the Parliament’s plenary session will vote on ACTA, possibly in the beginning of June. See the Parliament’s Procedure file.

S&D group leader Swoboda said he will recommend his group to reject ACTA. In the Parliament, the Liberals (ALDE), who often have a swing vote, and the Conservatives (EPP), the Parliament’s biggest group, did not formulate opinions. Many EPP Members are believed to be pro ACTA.


http://acta.ffii.org/?p=1248

Previously:

The European Parliament Committee on Industry, Research and Energy (ITRE) rapporteur on ACTA Amelia Andersdotter published the draft ITRE opinion. In the draft, the committee calls on the Committee on International Trade, as the committee responsible, to propose that Parliament withholds its consent to ACTA.

On 24 April Members of the ITRE Committee will consider the draft opinion. The ITRE vote may be May 8th. ITRE Members may propose amendments.

The draft opinion
– notes that counterfeiting, copyright and trademark infringements are covered by ACTA thus creating a one-size-fits-all instrument of enforcement which doesn’t meet the unique needs of each sector; is concerned by the lack of definition of key terminologies on which the ACTA enforcement mechanisms are based; fears that this creates legal uncertainty for European companies and in particular SMEs, technology users, online platform and internet service providers;
– notes that while the ambition of ACTA is to strengthen EU industries, it appears to be contrary to the ambition of the EP in the Digital Agenda to make Europe the scene for cutting edge internet innovation, as well as the strong ambition to promote net neutrality and access to the online digital market for SMEs;
– recalls that data concerning the scale of IPR infringements are inconsistent, incomplete, insufficient and dispersed, and that an objective, independent impact assessment is needed for any additional legislative proposal;
– is concerned that the ACTA text does not ensure a fair balance between the right to intellectual property and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, the requirement of which was recently ruled by the European Court of Justice;

The opinion refers to three earlier Parliament resolutions and the recent European Court of Justice SABAM versus Netlog case.

Four committees will formulate an opinion, the International Trade Committee will formulate a report, after that the plenary session of Parliament will vote whether to give consent to ACTA or not. See the Parliament’s Procedure file.


http://acta.ffii.org/?p=1236


http://www.theregister.co.uk/2012/04/12/icm_adult_gtlds/

Forgetting one’s handset wouldn’t just be inconvenient, it would be illegal too.

Carrying an ID card in the UAE is mandatory at all times, so once the card is in a mobile then one will have no excuse not to have one handy. That might sound draconian, but it’s worth remembering that failing to carry a mobile has already prompted arrests in Germany and France (on the grounds that one must be hiding something).

Once one has digital ID cards, then pushing them into mobile phones is a logical evolution, and the induction-powered NFC (which works when the phone’s battery is dead) is a suitable technology, as UAE residents should soon find out.

More:

http://www.theregister.co.uk/2012/04/12/uae_nfc_id/

London & Partners today revealed that it has contracted Minds + Machines Ltd, a local subsidiary of British Virgin Islands-based Top Level Domain Holdings, to help apply for and run .london.


http://www.theregister.co.uk/2012/04/12/dot_london_squeaks_in_under_icann_deadline/


http://www.wired.com/dangerroom/2012/04/cia-spies-biometric-tech/

In order to recognize the music on the radio and TV, Buma uses a fingerprint system. According to the collecting society, the recognition rate with this technology is “very high, but a small percentage of music is still not recognized.”


http://www.futureofcopyright.com/home/blog-post/2012/04/12/buma-stemra-launches-airplayclaimnl-to-support-copyright-holders.html

There continues to be a certain antipathy by Wall Street banks toward Silicon Valley companies where they don’t quite believe it’s real


http://news.cnet.com/8301-1023_3-57412764-93/mark-zuckerberg-must-be-driving-his-bankers-crazy/


Everyone in the industry at least now knows Microsoft is an untrustworthy partner who will go through great lengths to betray those who it works together with and will not claim responsibility for their mistakes. In light of the whole Responsible Disclosure debate from the end of Microsoft this unauthorized and uncoordinated use and publication of information protected under an NDA is obviously troublesome and shows how Microsoft only cares about protecting their own interests. 

To summarize what has happened, Microsoft has publicly announced a takedown of ZeuS, Ice-IX and SpyEye botnets and has listed a large number of domain names which are supposedly involved and attempted to seize all these domain names. The lists of domains were unverified and contained domains which had a legitimate use.

Microsoft’s declaration contained statements which were incorrect and even contain misleading information regarding the invasion of privacy regarding the victims of ZeuS botnets, as their personal information may end up in the hands of Microsoft.

A large amount of information that identify the so called john doe’s for this case, has no apparent source or is not verifiable to any extent in the published information. We know that a large part of this information was sourced from individuals and organizations without their consent, breaking various NDA’s and unspoken rules.

This irresponsible action by Microsoft has led to hampering and even compromising a number of large international investigations in the US, Europe and Asia that we knew of and also helped with. It has also damaged and will continue to damage international relationships between public parties and also private parties. It also sets back cooperation between public and private parties, so called public private partnerships, as sharing will stop or will be definitely less valuable than it used to be for all parties involved.

Detailed report available here:

http://blog.fox-it.com/2012/04/12/critical-analysis-of-microsoft-operation-b71/

See also:

Thoughts on the Microsoft’s “Operation b71″ (Zeus botnet civil legal action)

http://www.honeynet.org/node/830

And:

The most important component of an info-sec working group is Trust. Once that’s lost, the setback to effective collaboration is monumental

Industry, governments and NGOs constantly produce piracy statistics with numbers so huge they make the Greek national debt look like petty cash, while opponents of copyright produce another set of statistics proving that everything would be alright if copyright just went away.

Then there’s the academics who, uninvolved in the actual business of copyright, insist they can tell you what the piracy statistics are and mean – their output could fertilise the Sahara. This newspaper asked last year if we were being conned on piracy statistics. The answer is yes, but not by the copyright industries.

In truth, copyright infringement is far greater than copyright owners report, imagine or can identify. In truth the negative social and economic impact of copyright infringement is greater than copyright owners report.

An industry has developed around opposing copyright industries and copyright. Populated by dilettantes, commercial venturers who really only want a share of the copyright pie and academics.

Make no mistake being anti-copyright can be a lucrative career choice if you or the market decides against you having a career with copyright industry clients. Supporters of the anti-copyright industry relentlessly defend or promote their industry by attacking copyright and copyright industries. Much of what these people say goes unchallenged by anyone, including the lawyers representing copyright industries or the journalists who faithfully report the ‘concerns’ and ‘fears’ these people regularly experience whenever an amendment is to be made to the law or whenever a copyright owner wins a court case.

A favourite cliché of the anti-copyright industry is the ‘chilling effect on innovation’ allegation whenever they disagree with a law or an industry practice. When will a journalist finally ask these people what innovation it is that will be chilling? Apart from these people rarely having any business, artistic or innovative experience on which to base their claims there’s the little matter of all the amazing innovation actually going on around us.

At its worst, the anti-copyright industry lives on the circular argument that copyright infringement proves what industries and artists are doing is wrong and that justifies infringement in the first place. What they are really trying to get the public to believe is that if a car is too expensive, if you can’t afford a wrist watch or if the store you shop at doesn’t sell the brand you want, then it is okay to take it without permission or payment.

More:

http://www.watoday.com.au/it-pro/business-it/copyright-piracy-is-driven-by-demand-in-wealthier-nations-20120412-1wu3u.html


http://www.theregister.co.uk/2012/04/12/netbank_borked_ie_windows7_64bit/

The technology works by mapping and identifying the unique pattern of veins in the user’s palm.

With the tag-line “You are the cash card”, the technology will be rolled-out from September in ten branches including the major city of Nagoya, as well as a drive-through cashpoint (yes, they have them too) and two mobile banking units.


http://www.theregister.co.uk/2012/04/12/ogaki_palm_scanning_cash/


http://www.zdnet.com/blog/london/first-amazon-now-apple-google-in-the-8216tax-evading-spotlight/4001


http://rt.com/news/fbi-wanted-bin-laden-799/


http://www.ispreview.co.uk/index.php/2012/04/uk-comparison-of-broadband-movie-download-and-web-streaming-services.html

So much for the digital frontier


http://gizmodo.com/5901263/court-rules-it-is-impossible-to-steal-computer-code

In a new move for the gaming industry, Electronic Arts adds characters in same-sex relationships to its games, which brings it under attack from conservative anti-gay groups.

“There were no LGBT [Lesbian, Gay, Bisexual, Transgender] characters in any of the Star Wars movies”, one of the organizations argues.


http://news.cnet.com/8301-10797_3-57412796-235/ea-stirs-controversy-by-adding-gay-characters-to-star-wars-game/

“We decline to stretch or update statutory words of plain and ordinary meaning in order to better accommodate the digital age,” the court wrote.

The court suggested it might have reached a different conclusion if Aleynikov had smuggled the source code out of the building on a CD or thumb drive. But because he uploaded the source code via the Internet, it could not be described as “goods, wares,” or “merchandise.”

Much more:


http://arstechnica.com/tech-policy/news/2012/04/a-federal-appeals-court-has-2.ars

The son of the asylum seeker feels that the Immigration and Naturalization Services in The Netherlands have killed his father. The 14-year-old and his 12-year-old sister will be placed at a foster home. Their mother was killed in Burundi due to the fights between Hutu and Tutsi people.

Minister for Immigration and Asylum Gerd Leers had been specifically requested by the Council of Culemborg to allow the family to stay. The Minister, political representative of the Christian democratic Appeal (CDA) political party, rejected their call.

It’s not clear whether the children will be allowed to stay in The Netherlands. It’s also not clear whether Freedom Party leader Geert Wilders still feels that the Minister is too soft in his approach of problems such as these.

Dutch language news article:

http://www.nu.nl/binnenland/2785262/uitgewezen-vader-pleegt-zelfmoord.html

Previously:

Geert Wilders Wants To Dump Dutch Minister For Immigration And Asylum Gerd Leers. Allegedly Because Wilders Believes The Minister Is Too Soft In His Approach

http://vrritti.com/2012/04/04/geert-wilders-wants-to-dump-dutch-minister-for-immigration-and-asylum-gerd-leers-allegedly-because-wilders-believes-the-minister-is-too-soft-in-his-approach
/

40 Dutch Mayors Publicly Reject Views Of Their Minister For Immigration And Asylum Gerd Leers

http://vrritti.com/2012/04/01/40-dutch-mayors-publicly-reject-views-of-their-minister-for-immigration-and-asylum-gerd-leers/

Dutch Minister For Immigration And Asylum Gerd Leers Wants To Deport 19-year-old Angolan Asylum Seeker Mauro Anyway

http://vrritti.com/2012/03/31/dutch-minister-for-immigration-and-asylum-gerd-leers-wants-to-deport-19-year-old-angolan-asylum-seeker-anyway/

Second Mayor In The Netherlands To Resist Order Of Dutch Minister For Immigration And Asylum Gerd Leers

http://vrritti.com/2012/03/26/second-mayor-in-the-netherlands-to-resist-order-of-dutch-minister-for-immigration-and-asylum-gerd-leers/

…who understandably do not wish to report their own crimes.

Motorman: Britain’s Biggest Establishment Cover-Up 
Thousands of Crimes Committed By Over 300 Journalists 
Protected from Exposure by a Judge and Newspaper Editors

The Operation Motorman files are huge, the thousands of entries contained in the files are a mere snapshot of the industrial scale criminality carried out by the press. Today Guido is releasing the Blue Book section of the Operation Motorman files covering the 1,028 News International related entries out of a total of some 17,000. These files are known to most newspaper editors and to Guido’s knowledge no action has been taken against the journalists named within, some of whom are now senior journalists. To Guido’s knowledge Guardian journalists have possession of the files covering the Mail and Mirror groups. One wonders why they so far have only been willing to name the names of journalists from the Murdoch press…

It seems to Guido that there is no political will to see this through, the press are by and large keen for their own reasons to suppress the truth and the judiciary are actively suppressing the evidence. In those circumstances it is only by bringing the evidence out into the open that justice will be done.

Download: Operation Motorman Blue Book

Notes:
Inclusion of the name of a journalist in the Operation Motorman files does not mean a journalist has committed a crime. Some of the entries are for innocent inquiries, a few will be breaches of Section 55 of the Data Protection Act which can be justified if the journalist concerned can prove that they were acting in the public interest.

The published file has personal data belonging to victims redacted.

The published file has the names of persons known to be of interest to the security services redacted.

There are transposition errors in the files. For example Gordon Rayner (entries 1006 – 1009) actually worked for the Daily Mail not News International as recorded in the Blue Book. Rayner made over 300 information requests in the Motorman files, over 180 of which were for information that could not be legally obtained.

Journalists should note that Guido is not commenting further for the moment. To understand how to interpret the files contact the Hacked Off campaign.

If you are a named victim contact the Hacked Off campaign they may be able to help.

More:

http://order-order.com/2012/04/10/britains-biggest-establishment-cover-up-conspiracy-thousands-of-crimes-committed-by-over-300-journalists-protected-from-exposure-by-a-judge-and-newspaper-editors/

In recent years, we have seen the rapid growth – and the many benefits – of electronic books. E-books are transforming our daily lives, and improving how information and content is shared. For the growing number of Americans who want to take advantage of this new technology, the Department of Justice is committed to ensuring that e-books are as affordable as possible.

As part of this commitment, the Department has reached a settlement with three of the nation’s largest book publishers – and will continue to litigate against Apple, and two additional leading publishers – for conspiring to increase the prices that consumers pay for e-books.

Earlier today, we filed a lawsuit in U.S. District Court for the Southern District of New York, against Apple and five different book publishers – Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster. In response to our allegations, three of these publishers – Hachette, HarperCollins and Simon & Schuster – agreed to a proposed settlement. If approved by the court, this settlement would resolve the Department’s antitrust concerns with these companies, and would require them to grant retailers – such as Amazon and Barnes & Noble – the freedom to reduce the prices of their e-book titles. The settlement also requires the companies to terminate their anticompetitive most-favored-nation agreements with Apple and other e-books retailers.

In addition, the companies will be prohibited for two years from placing constraints on retailers’ ability to offer discounts to consumers. They will also be prohibited from conspiring or sharing competitively sensitive information with their competitors for five years. And each is required to implement a strong antitrust compliance program. These steps are appropriate – and essential in ensuring a competitive marketplace.

More:

http://www.justice.gov/iso/opa/ag/speeches/2012/ag-speech-1204111.html

Ah wait: “7. My examination of Hotfile was not an exhaustive review of the files on Hotfile, nor does it purport to be a representative statistical sample of the uses of Hotfile as a whole.” and “5. My primary task was to explore some examples of the non-infringing use of the Hotfile system. Defendants counsel asked me to study the use of the Hotfile service to store and to distribute or download the types of material described above, that is to say, material which can be licitly copied and distributed.”. For more information about the methodology (which discarded material that was not clearly in the licitly sharable category), see Exhibit 1, pages 1 and 2: 

TorrentFreak has obtained a confidential report where Duke University Law Professor James Boyle presents some revealing facts about the non-infringing use of Hotfile. The document was filed under seal last month and reveals that sharing of non-infringing content is widespread on the cyberlocker.

While the Professor does not assess what percentage of content on Hotfile is infringing, he does note that the two most downloaded files on the site are Open Source software. With 885,583 and 629,783 downloads respectively, the Open Source applications iREB and Sn0wbreeze were most shared, something Boyle believes the court should take into consideration.

“The fact that it is highly likely that the two most commonly downloaded files on Hotfile are open source programs that seem to be licitly shared appears relevant to any assessment the court might make about the current usage of the system,” the Professor writes in his report.

More:


http://torrentfreak.com/hotfiles-most-donwloaded-files-are-open-source-software-120411/

Unless Anonymous is aware that businesses and governments will overreact, and still continues the attacks. And there we go again: “Anonymous is not an organization. It is an idea, a zeitgeist, coupled with a set of social and technical practices. Diffuse and leaderless, its driving force is “lulz” — irreverence, playfulness, and spectacle. It is also a protest movement” – it’s much more like a copy-paste movement ;-) Just glad the author didn’t use “loosely-knit”.


http://www.techdirt.com/articles/20120407/02024918420/overreacting-to-anonymous-is-greater-threat-to-freedom-innovation-creativity-than-any-their-attacks.shtml