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Kaleidescape gets in line behind RealDVD for rough treatment

DVD lawsuitWhen it rains it pours -- right on the heels of the punishing blow dealt to RealDVD, the money-laden Kaleidescape crowd suffered its own setback at the hands of the law. You just know that the DVD CCA (Copy Control Association) appealed the 2007 ruling that allowed Kaleidescape owners to rip DVDs to their media servers, and yesterday a California Appeals Court overturned that ruling. Next stop -- the Santa Clara Superior Court, which could place an injunction on Kaleidescape if the appeal is upheld. It's not over yet, but we're prepping the soundboard with ominous music, boos and noisy hand-wringing. Whatever (and whenever) the outcome, we can only hope that Blu-ray's Managed Copy comes to the scene sooner rather than later and settles this issue for our beloved HD content

Court injunction puts sales of RealDVD on ice, hopes and dreams in purgatory


Something tells us Kaleidescape has a man (or woman, to be fair) on the inside, else United States District Court Judge Marilyn Patel is just downright trifilin'. In every visible way, RealNetworks' proposed RealDVD player was exactly what Kaleidescape was, but for people with annual salaries far less than $9,854,392,220. Regardless of our opinion, a preliminary injunction has just been passed down from The Almighty in the robe, which blocks the sale of the RealDVD software here in the US. The six major movie studies filed the suit last September, alleging that it "illegally violated their right to restrict the use of their movies in digital form." Evidently those that matter agree. A RealNetworks spokesperson took the time to vent their feelings on the whole ordeal, and since we know you're curious, we've pasted it below for your convenience.
We are disappointed that a preliminary injunction has been placed on the sale of RealDVD. We have just received the Judge's detailed ruling and are reviewing it. After we have done so fully, we'll determine our course of action and will have more to say at that time.
[Via Electronista]

Pirate Bay owners announce give-and-take model, proclaim "filesharers are our best friends"


When the Pirate Bay was suddenly and unexpectedly commandeered by Global Gaming Factory late last month, only a few clues were dropped as to how the new site would proceed as a legally acceptable entity. Now, however, the owners are speaking up, and their business plan sure sounds unorthodox, if not fatuous in nature. In a new report, we're told that the new face of TPB should appear in around a month, and with the refresh will come a handful of "give-and-take" pay models that will somehow please both customers and the top brass within the music industry. Here's how Hans Pandeya, the chief executive of GGF, explains things:

"The more you give, the more you get. For the great majority, [the new service] will be free of charge, for a minority it will actually make them money, and for a small portion it will cost them. We know that unless we're able to create revenues for the filesharers they'll just move on to the next free site. Filesharers are our best friends."

Mr. Pandeya also affirmed that his outfit was currently in negotiations with some of the music industry's biggest players, and while he wouldn't list 'em by name, he did note that things have been "positive" so far. Another interesting aspect of all this is how it expects to generate revenue outside of actual music consumers. Reportedly, the new site will raise cash "through advertising and by making network data traffic cheaper and more efficient for internet service providers, which would be done by making the filesharing more local, allowing users in the same city to be interconnected as opposed to swapping data across multiple borders." Is P2P 2.0 upon us? Is the conventional subscription model about to be turned upside down by a most unlikely source? If Hans' dreams come true, it sure seems possible.

RealDVD ripping software heads to court, fair use advocates on pins and needles


Let's face it -- quite a lot is resting on the outcome of this case. For months now, RealNetworks has been unable to legally sell its RealDVD movie ripping software after a court issued a temporary restraining order that remains valid until it's decided if the application violates the DMCA (Digital Millennium Copyright Act). Now, the software is finally having its day in court, and the outcome could shape the future of the DVD player (for better or worse). You see, Real has already assembled a prototype Facet device that hums along on Linux; essentially, this DVD playing machine would sell for around $300 and could store up to 70 movies internally. On the surface, this sounds entirely like a poor man's Kaleidescape, but only time will tell if The Man agrees. Cross your fingers folks, we get the feeling fair use advocates are going to need the luck.

The Pirate Bay founders sentenced to prison, website soldiers on

In what's being described as a landmark verdict, four men responsible for assisting throngs of dubious internet users to download all sorts of copyrighted material are being ushered off to prison cells for twelve whole months. The Stockholm district court in Sweden found the defendants guilty not of hosting materially illegally, but of "providing a website with sophisticated search functions, simple download and storage capabilities, and a tracker linked to the website [that helped users commit copyright violations]." As expected, the foursome seems unaffected by the ruling, with Peter Sunde (shown) tweeting that "it used to be only movies, now even verdicts are out before the official release." After jail, the crew will be forced by pay 30 million kronor ($3.56 million) to a number of entertainment companies, which is far less than those firms were hoping for. Curiously, we're told that the verdict didn't include an order to shut down The Pirate Bay website, and you can pretty much bank on an appeal being filed in record time.

[Thanks to everyone who sent this in]

Kent County Council bans mosquito gadgets from buildings

For the love of all that's humane in this world, it's about time someone stepped up and put an end to this lunacy. Okay, so maybe that's overstating things a bit, but we're joyous nonetheless to hear that the Kent County Council in southeast England has "become one of the first in the UK to ban mosquito gadgets from its buildings." Here's a refresher: so-called mosquito tones are high-pitched frequencies that can only be heard by the younger sect (you know, those with outstanding hearing abilities). Apparently some businesses have been using said gizmos to keep kids from loitering and the like, but higher-ups in Kent feel this method of detraction isn't fair. If all goes to plan, councilors are hoping to ask the government to ban the devices altogether, but only time will tell if the notion will catch on elsewhere in the country.

[Via Digg]

UK court rules that modchips do not circumvent copyright protection


Here in the US, we've heard some pretty terrifying experiences about selling modchips, but it seems as if higher-ups in the UK are being a bit more reasonable about the whole thing. Reportedly, UK-based MrModchips was cleared of all 26 counts against him for his role in importing and selling console modchips, as the Court of Appeal Criminal Division (Judge Justice Jacobs, in particular) ruled that said chips do not circumvent copyright protection. Better still, the defendant was "awarded full costs as a result of his successful appeal," and we can only assume he was smiling all the way out of the crowded courtroom. Chalk one up for the little guy.

[Via Slashdot]

Thief steals Eye-Fi-equipped camera, proceeds to give himself away


It was inevitable, really. We've seen quick-footed thieves swipe GPS units that eventually led to their arrest, a bank robber who didn't even bother to close his clamshell while holding up the joint and now, we've seen the Eye-Fi card really pay off. According to the outfit's PR firm Red Consultancy, one particular vacationer had her entire stash of camera gear (over $1,000 worth) stolen while taking a load off in Florida. Upon returning home and checking things out, she noticed that all of the snapshots taken prior to the theft were uploaded, and upon closer inspection, she even noticed a clear shot of the remarkably idiotic crook. After syncing up with the boys in blue, all of the gal's equipment was eventually returned, and some semblance of normalcy was finally returned. How's that for a feel good story, huh?

[Image courtesy of Al]

City of Chicago sued for illegally ticketing in-car yappers


So, you've got an outstanding ticket from talking while behind the wheel in Chicago, do you? Meet attorney Blake Horwitz, who is now likely to be the best friend you don't even know. Reportedly, Mr. Horwitz is suing the city and claiming that arrests of citizens caught driving and talking were in fact illegal, and furthermore, he's demanding that Chicago "dismiss any outstanding tickets and refund almost $2 million in fines collected since 2005." Apparently, the actual law that prevents users from yapping and motoring requires that the city erect signs that instruct drivers not to converse while driving, yet such signs have purportedly not been posted across Chi-town. The devil's in the details, we suppose.

[Image courtesy of ImportTuner]

Lawsuit claims iPod + iTunes bond is monopolistic


Although we aren't inclined to believe that this is the first time such a suit has been brought upon Apple, a new one claiming that the Cupertino powerhouse has unlawfully tied the iPod to its iTunes Store has made its way to the US District Court for the Southern District of California. The complaint was filed by a Florida resident on behalf of all Florida-based iPod owners and iTunes Store customers, and it basically alleges that certain limitations -- such as the inability to play content purchased through iTunes on anything not labeled an iPod -- is "unreasonable and illegal under Florida's antitrust and unfair trade laws." Furthermore, the plaintiff claims that Apple willfully disabled embedded support for rival formats, and stated that it was "in possession of monopoly power in the portable digital media player market, the online music market and the online video market." 'Course, it's not like those lawyers at 1 Infinite Loop aren't used to this stuff by now, and we really can't see this being the beginning of the end (nor a catalyst for rule changes) for the oh-so-mighty iTunes Store.

Best Buy, Microsoft get racketeering appeal rejected

For those keeping an eye on the summer's funnest (only?) court case involving Microsoft and the big box retailer the world loves to hate, here's the latest. Today, the Supreme Court "rejected an appeal by Microsoft and a unit of Best Buy in a lawsuit alleging the two companies fraudulently signed up customers for Microsoft's online service," which means that the appeals court's ruling may now stand. Unfortunately, further details and consequences of the decision were not yet disclosed, but it's fairly safe to assume that the two won't soon be engaging in any similar activities.

Toshiba subpoenaed by US DOJ over flash memory business

Just over a week after two Samsung execs were arrested for fraud in Thailand, another flash memory leader is facing a bit of legal heat. Reportedly, Toshiba "said it had been subpoenaed by the US Department of Justice about its flash memory business in the key US market," which comes just after SanDisk admitted that it had "received grand jury subpoenas indicating a government probe into possible price-fixing in the NAND flash memory industry." Notably, a Toshiba spokesman only clarified that the subpoena was directed at the firm's US semiconductor sales unit (Toshiba America Electronic Components), but we've got a sneaking suspicion this won't be the last we hear on the matter.

[Thanks, Omar]

Camera-equipped buses could automatically ticket San Franciscans

Not long after hearing about England's newfangled auto-ticketing system comes word that San Franciscans could soon be facing something similar. If signed into law by Governor Schwarzenegger, "forward-facing digital video cameras would be installed on city buses," which would then be used to automatically ticket the owners of vehicles that are caught "blocking buses." The cameras would presumably be used to photograph vehicles that are in bus-only lanes, and interestingly enough, the proposed law also authorizes Municipal Transportation Agency "employees to access sensitive personal data" from the DMV for ticketing purposes.

Networked cameras to seek out parking violators

The folks in England just can't catch a break. As if hovering surveillance drones, camcorder-wielding traffic wardens and helmet cam-equipped officers aren't enough to keep you on the straight and narrow, London's city of Westminster is apparently looking to "install networked security cameras that can recognize parking permits and the plates of offending vehicles." Essentially, the system would enable parking violators to be ticketed without an actual human witnessing the offense, and it's being dubbed "the most significant application to be deployed on the Westminster's WiFi network." Eventually, the council plans to roll out about 250 of these sure-to-be-hated cameras, and it should ruin enough people's days to "pay for itself in two to three years."

[Via CNET, image courtesy of BBC]

California to bar teens from using mobiles, laptops whilst driving

California certainly won't go down as the first place to ban cellphones whilst driving, but if Governor Schwarzenegger signs a new bill into law, mobiles won't be the only thing teens can't operate while behind the wheel after July 1, 2008. The bill, which was overwhelmingly approved by the Assembly, prevents anyone "under the age of 18 from using their cellphone," even with handsfree devices; as if that wasn't enough, any "mobile service device" -- such as "walkie-talkies, pagers, two-way messaging devices, PDAs, and laptops" -- will also be illegal for teens under 18 to use while driving. If signed into law, violators will reportedly be fined "$20 for the first offense, and $50 for subsequent offenses with no violation points on the driver's record."

[Via Textually]
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