The Courts

All Malibu Media Subpoenas In Eastern District NY Put On Hold 47

NewYorkCountryLawyer sends an update on the progress of Malibu Media, the company that filed subpoenas and copyright lawsuits over alleged BitTorrent piracy of pornography films: A federal Magistrate Judge in Central Islip, New York, has just placed all Malibu Media subpoenas in Brooklyn, Queens, Long Island, and Staten Island on hold indefinitely, due to "serious questions" raised by a motion to quash (PDF) filed in one of them. Judge Steven Locke's 4-page Order and Decision (PDF) cited the defendant's arguments that "(i) the common approach for identifying allegedly infringing BitTorrent users, and thus the Doe Defendant, is inconclusive; (ii) copyright actions, especially those involving the adult film industry, are susceptible to abusive litigation practices; and (iii) Malibu Media in particular has engaged in abusive litigation practices" as being among the reasons for his issuance of the stay.

EU Court of Justice Declares US-EU Data Transfer Pact Invalid 201

Sique writes: Europe's highest court ruled on Tuesday that a widely used international agreement for moving people's digital data between the European Union and the United States was invalid. The decision, by the European Court of Justice, throws into doubt how global technology giants like Facebook and Google can collect, manage and analyze online information from their millions of users in the 28-member bloc. The court decreed that the data-transfer agreement was invalid as of Tuesday's ruling. New submitter nava68 adds links to coverage at the Telegraph; also at TechWeek Europe. From TechWeek Europe's article: The ruling was the court’s final decision in a data-protection case brought by 27-year-old Austrian law student Max Schrems against the Irish data protection commissioner. That case, in turn, was spurred by Schrems’ concerns over the collection of his personal data by Facebook, whose European headquarters is in Ireland, and the possibility that the data was being handed over to US intelligence services.

Ask Slashdot: Best Country For Secure Online Hosting? 111

An anonymous reader writes: I've recently discovered that my hosting company is sending all login credentials unencrypted, prompting me to change providers. Additionally, I'm finally being forced to put some of my personal media library (songs, photos, etc.) on-line for ready access (though for my personal consumption only) from multiple devices and locations... But I simply can't bring myself to trust any cloud-service provider. So while it's been partially asked before, it hasn't yet been answered: Which country has the best on-line personal privacy laws that would made it patently illegal for any actor, state, or otherwise, to access my information? And does anyone have a recommendation on which provider(s) are the best hosts for (legal) on-line storage there?

DHS Detains Mayor of Stockton, CA, Forces Him To Hand Over His Passwords 394

schwit1 writes: Anthony Silva, the mayor of Stockton, California, recently went to China for a mayor's conference. On his return to San Francisco airport he was detained by Homeland Security, and then had his two laptops and his mobile phone confiscated. They refused to show him any sort of warrant (of course) and then refused to let him leave until he agreed to hand over his password.
The Courts

A Broke Fan Owes $5,400 For Pokemon-Themed Party Posters 209

Jason Koebler writes: A fan has been ordered by a Washington judge to pay the Pokémon Company International $5,400 for copyright infringement after attempting to throw a Pokemon-themed party earlier this summer. Even though he canceled the free event, the Pokemon Company successfully sued Ramar Larkin Jones, for using an image of Pikachu to promote the Unofficial PAX Pokemon Kickoff Party.

American IT Workers Increasingly Alleging Discrimination 348

An anonymous reader writes: Some U.S. IT workers who have been replaced with H-1B contractors are alleging discrimination and are going to court. They are doing so in increasing numbers. There are at least seven IT workers at Disney who are pursuing, or plan to pursue, federal and state discrimination administrative complaints over their layoffs. Separately, there are ongoing court cases alleging discrimination against two of the largest India-based IT services firms, Infosys and Tata Consultancy Services. There may also be federal interest in examining the issue.
The Courts

East Texas Judge Throws Out 168 Patent Cases 152

Earthquake Retrofit writes: Ars Technica is reporting that an East Texas judge has thrown out 168 patent cases in one fell swoop. The judge's order puts the most litigious patent troll of 2014, eDekka LLC, out of business. The ruling comes from a surprising source: U.S. District Judge Rodney Gilstrap, the East Texas judge who has been criticized for making life extra-difficult for patent defendants. Gilstrap, who hears more patent cases than any other U.S. judge, will eliminate about 10 percent of his entire patent docket by wiping out the eDekka cases.

Xiaomi Investigated For Using Superlatives In Advertising, Now Illegal In China 108

An anonymous reader writes: Chinese smartphone maker Xiaomi is under investigation for using superlative messaging on its website, according to a leaked document from the Beijing Ministry of Industry and Commerce. A new Chinese law states that adjectives used to promote products must not mislead consumers. The Xiaomi investigation [Chinese] follows claims made by rival Cong that the company used phrases such as 'the best' and 'the most advanced', in its online campaigns and therefore violated the country's advertising law. (The law against suprelatives doesn't seem to apply to communications by the government, about the government.)

Google and Microsoft Agree To Stand Down In Patent Wars 43

_0x783czar writes: Today Google and Microsoft have announced an end to litigious hostilities between themselves; signaling another step on the road to peace as the "global smartphone wars" wind down. This moves settles 18 lawsuits in the U.S. and Germany, including those involving Motorola Mobility's patents, which Google retained after selling Motorola Mobility to Lenovo. Both companies hope this move will help settle the smartphone wars and refocus their efforts on consumers. Reuters reports: "Google and Microsoft have agreed to collaborate on certain patent matters and anticipate working together in other areas in the future to benefit our customers."

Legal Loophole Offers Volkswagen Criminal Immunity 323

An anonymous reader writes: According to the Wall Street Journal (paywalled) a loophole in the 1970 Clean Air Act could make it impossible for U.S. prosecutors to subject Volkswagen to criminal charges over its use of standards-dodging 'defeat devices' in its emissions-testing software. Prosecutors are now reported to be considering alternative methods, including (considerably lesser) charges that Volkswagen lied to regulation authorities.

Citadel Botnet Operator Gets 4.5 Years In Prison 42

An anonymous reader writes: The U.S. Department of Justice has announced that Dimitry Belorossov, a.k.a. Rainerfox, an operator of the "Citadel" malware, has been sentenced to 4.5 years in prison following a guilty plea. Citadel was a banking trojan capable of stealing financial information. Belorossov and others distributed it through spam emails and malvertising schemes. He operated a 7,000-strong botnet with the malware, and also collaborated to improve it. The U.S. government estimates Citadel was responsible for $500 million in losses worldwide. Belorossov will have to pay over $320,000 in restitution.

Uber Raided By Dutch Authorities, Seen As 'Criminal Organization' 471

An anonymous reader writes: Uber offices in Amsterdam have been raided by Dutch authorities, as reported by several local media sources (Google translation of original in Dutch). This follows intimidatory deterrence practices earlier in The Netherlands, with Uber drivers being fined in the past months, and fresh allegations that the company would act as a "criminal organization" by offering a platform for taxi rides without license (read: without the authorities earning money from the practice). Time for tech companies to consider moving their European offices elsewhere? Uber's lawyers must be incredibly busy. Proposed regulations in London would effectively end the company's service there, while the mayor of Rio de Janeiro said he would ban Uber's operations outright. They're receiving mixed messages from Australia — just a day after running afoul of regulations in New South Wales, the Australian Capital Territory is moving to legalize it.

FBI and DEA Under Review For Misuse of NSA Mass Surveillance Data 86

Patrick O'Neill writes: The FBI and DEA were among the agencies fed information from an NSA surveillance program described as "staggering" by one judge who helped strike the program down. Now the two agencies are under review by the Justice Department for the use of parallel construction as well as looking into the specifics and results of cases originating from NSA tips. (Here's some more on the practice of parallel construction in this context.)
The Courts

Court Rules Batmobile Is Entitled To Copyright Protection 138

schwit1 writes: The Batmobile's bat-like appearance and other distinct attributes, including its high-tech weaponry, make it a character that can't be replicated without permission from DC Comics, the copyright holder, the 9th U.S. Circus Court of Appeals said. "As Batman so sagely told Robin, 'In our well-ordered society, protection of private property is essential,' " states the opinion. "Here, we conclude that the Batmobile character is the property of DC, and Towle infringed upon DC’s property rights when he produced unauthorized derivative works of the Batmobile as it appeared in the 1966 television show and the 1989 motion picture."
United States

EU May Forbid the Transfer of Personal Data To the US 202

An anonymous reader writes: As the Snowden revelations have shown, personal data stored in the United States of America is not protected from the US government, be it through warrantless eavesdropping or national security letters. In light of this, the general attorney for the Court of Justice of the European Union has just issued an opinion requiring the US to be removed from the list of "safe harbors", where the transfer of personal data of European citizens is permitted. If the court follows his opinion, the change will have deep impact in the operations of large transnational Internet companies, between a US government that wants to keep on spying, and European authorities that will punish them if they let it happen.

Phone Passwords Protected By 5th Amendment, Says Federal Court 178

Ars Technica reports that a Federal court in Pennsylvania ruled Wednesday that the Fifth Amendment protects from compelled disclosure the passwords that two insider-trading suspects used on their mobile phones. In this case, the SEC is investigating two former Capital One data analysts who allegedly used insider information associated with their jobs to trade stocks—in this case, a $150,000 investment allegedly turned into $2.8 million. Regulators suspect the mobile devices are holding evidence of insider trading and demanded that the two turn over their passcodes. However, the court ruled, "Since the passcodes to Defendants' work-issued smartphones are not corporate records, the act of producing their personal passcodes is testimonial in nature and Defendants properly invoke their fifth Amendment privilege."
The Courts

"Happy Birthday To You" Now Public Domain 102

New submitter Duckman5 writes: As mentioned on multiple occasions, the popular song "Happy Birthday To You" has recently been the subject of a lawsuit between a couple of documentary filmmakers and Warner/Chappell Music. The judge in the case, George H. King, has finally issued his ruling and according to NPR and the LA Times, that song is finally in the public domain. Warner is still apparently "considering our options," so this may not be the end of it, but it seems to be a turn in the right direction. Also at the Washington Post, among many others.

Morgan Stanley Employee Pleads Guilty In Data Breach Case 43

An anonymous reader writes: A former Morgan Stanley financial adviser who was fired in connection with a major breach of client information pleaded guilty to accessing client data and taking it home with him. According to court records Galen Marsh copied names, addresses, account numbers, investment information and other data for approximately 730,000 accounts. "This action, which follows Morgan Stanley's initial investigation and reporting of his misconduct, makes clear that misuse of client account information will not be tolerated," the bank said in a statement.

France Tells Google To Remove "Right To Be Forgotten" Search Results Worldwide 381

An anonymous reader writes: France's data protection authority rejected Google's appeal to limit how a European privacy ruling may be applied worldwide. Since the European Court ruling last year Google has handled close to 320,000 requests, but only de-lists the links on European versions of its sites. "Contrary to what Google has stated, this decision does not show any willingness on the part of the C.N.I.L. to apply French law extraterritorially," the agency said in a statement.

Michigan Sues HP Over Decade Long, $49 Million Incomplete Project 203

itwbennett writes: On Friday, embattled HP was hit with a new lawsuit filed by the state of Michigan over a 10-year-old, $49 million project that called for HP to replace a legacy mainframe-based system built in the 1960s. Through the suit filed in Kent County Circuit Court, the state seeks $11 million in damages along with attorney's fees and the funds needed to rebid and re-procure the contract.