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Clearwire's San Francisco WiMAX launch was a bureaucratic nightmare
It seems awfully odd that San Francisco -- you know, San Francisco, part of America's technology nexus -- had been left out in the 4G cold for so long while over 70 other networks have been brought live in Clearwire's WiMAX footprint. Well, turns out there's a good reason... or maybe not a "good" reason, but a reason nonetheless: the city's notoriously brutal cell antenna approval process had ensnared Clearwire's efforts, leaving both Clear and Sprint customers out in the cold. The company apparently successfully navigated eight months' worth of approvals in and around SF's Planning Commission before getting slapped with an appeal over concerns that an earthquake could dislodge the antennas and blast residents with excessive levels of radiation; of course, it seems like it'd be a simple matter for technicians to go out and fix anything knocked loose after a tremblor, but what do we know? Regardless, looks like this is all behind us -- but it certainly serves as a sobering warning to all future networks that dare launch in and around the bay. [Thanks, Serge]
The Daily Grind: Do you get game wanderlust?
We gamers are a fickle bunch. Perhaps you're a veteran player of Guild Wars and have always loved the game, even when you knew the sequel was coming. But you saw the recent Ranger reveal, and when you logged in you were suddenly struck by an overwhelming urge to play Guild Wars 2 immediately, not this crappy old game that you hate and is terrible. It's not that you're actually dissatisfied with the game, but the promises of new shiny things have left you feeling an urge to pick up and go somewhere new. The allure of something new and good can be a powerful intoxicant, and it can bring people into strange new locations. Do you find yourself wanting to head off into a new game despite there being nothing wrong with your current main game? Are you tempted to try out newer titles on a regular basis, even if you know you'll end up going back? Or do you convince yourself not to go anywhere when you'll just turn around in the end?
Microsoft loses second Word patent appeal, on the hook for $240 million in damages
And the intellectual property rollercoaster continues. Microsoft's second appeal of that $240m judgment banning sales of Word with features infringing on i4i's XML-related patents has been rejected, leaving the Redmond giant with a huge fine to pay atop its undoubtedly sky-high lawyer bills. The appeals court held that Microsoft was explicitly aware of i4i's patents before implementing the relevant XML code into Word -- undoubtedly because i4i had been selling an extremely popular XML plugin for years and had approached Microsoft about licensing it. Yeah, oops. Don't worry, though, there shouldn't be any consumer impact here: old versions of Word aren't affected, and current versions of Word 2007 and Office 2010 don't have the offending features. Still, Microsoft might be able to appeal yet again, depending on a panel ruling on the matter -- at this rate, we'd expect it.
Wisconsin jail outlaws Dungeons & Dragons
[Image: Wiki Commons] And here we thought Wisconsin couldn't get any more depressing. Kevin T. Singer, an inmate at Wisconsin's Waupun prison, has been upset with a policy enacted in 2004 that banned all Dungeons & Dragons in the jail. Officials there cited the game promotes gang behavior and subsequently confiscated all of Singer's D&D materials. Singer's long been a fan of the pen-and-paper game and tried to appeal the policy, but the 7th U.S. Circuit Court of Appeals filed in favor of the prison on Monday, stating that its policy wasn't unreasonable. Singer argued that the ruling is a violation of his First Ammendment rights, but we guess he failed to gain respect for his cause when he signed his appeal with his elvish mage's name: Gilchall Helehuialagos. [Via G4]
Psystar files one more appeal in court
They're like cockroaches! Psystar is back yet again, this time filing yet another appeal against yet another injunction by Apple telling them that they can no longer sell their unauthorized OS X PCs. As previously reported, they've been on Apple's bad legal side for a long time, and the last injunction had them down to selling t-shirts. Now, they've got only one copy left of their Rebel EFI product, and it's in the hands of the lawyers trying to keep the case open. Just as they promised, they're filing one more appeal against the far-reaching injunction to try and keep the case open... I'm as big a fan of Psystar as the next guy, and despite their complete and total losses in court, I almost want to see them keep going in a car-crash sort of way. But at this point, it's pointless -- Apple has won in every conceivable way, and Psystar is just wasting their own money and the courts' time by carrying on. It's their right to do so, of course, but this likely means that the next judge to look at the case will just lay the smack down that much harder. [via Macworld]
Psystar files official notice of appeal, ruthlessly attacks windmill
We're still not clear on whether Psystar is still in business, or if it's selling anything other than T-shirts, but the would-be Mac cloner isn't totally out of the game yet: it's filed an official notice of appeal in the California court, which means it's going to try and fight that decisive victory and injunction won by Apple a month ago. Just based on the simple open-and-shut legal reasoning involved in the decision -- surprise, you can't copy, modify, and resell a copyrighted work without permission -- we'd say this appeal is a long shot, but we didn't go to Harvard Law School like Psystar attorney Eugene Action. Man, we missed that guy. Let's quote from his website again, shall we? The matrix is born and the energy sucking machine herds Americans into pods of predetermined limitations. Forced programming on your computer is just one of the provisional patents looming against freedom and democracy. Capitalism spurring innovation and creativity through open and competitive markets is at risk on this new frontier. This new battle is being fought on the abstract electronic plains of America while most of us cannot even open our email. The beachheads are red with the blood of ambitious Americans gunned down for their initiative. Let's be honest: we never, ever, want this story to end. P.S. -- Wondering why Rebel EFI is listed as "out of stock" on the Psystar website? It's because there isn't any stock, shockingly enough -- in a statement filed with the court on December 31, Rudy Pedraza says all copies of the bootloader have been destroyed except for one that's in the possession of his attorneys. Between this appeal and the pending case in Florida over Snow Leopard, we'd say that means it'll be a long time before the software is back on the scene -- enough time for the legit OSx86 scene to leapfrog it entirely.
The Daily Grind: Are unlimited trials more tempting?
Free trials can be... stressful. We recently even had a piece about trying to make the most of the limited time in them, if the point must be stressed. That's no doubt the reason why several companies have begun moving away from unlimited access for a brief time, and started to spread their trials out for as long as the player wishes. Warhammer Online, Champions Online, Free Realms, and Alganon all allow players a chance to try a limited portion of the game for as long as they want. And for someone without a lot of time, it's a perfect way to expand your window of playtime. Of course, if you've got plenty of time to devote to the trial, it's a bit obnoxious to hit a hard limit before having really gotten to explore the meat of the game at all. For some players, the fact that they're giving away the starting area or first few levels tends to imply they're not good enough to pay for in the first place. Do you find unlimited free trials more tempting or less than the traditional model? Or do you see it as a sign that the game is in trouble or otherwise undesirable?
Court orders Microsoft to stop selling Office 2007 by January 11th
Update: A statement from Microsoft's director of public affairs, Kevin Kutz, clarifies the affected versions. Note that Microsoft Office 2008 for Mac was not cited as an infringing product, so this ruling is not applicable to Mac versions of Office. We have just learned that the Court of Appeals for the Federal Circuit has denied our appeal in the i4i case. We are moving quickly to comply with the injunction, which takes effect on January 11, 2010. This injunction applies only to copies of Microsoft Word 2007 and Microsoft Office 2007 sold in the U.S. on or after the injunction date of January 11, 2010. Copies of these products sold before this date are not affected. With respect to Microsoft Word 2007 and Microsoft Office 2007, we have been preparing for this possibility since the District Court issued its injunction in August 2009 and have put the wheels in motion to remove this little-used feature from these products. Therefore, we expect to have copies of Microsoft Word 2007 and Office 2007, with this feature removed, available for U.S. sale and distribution by the injunction date. In addition, the beta versions of Microsoft Word 2010 and Microsoft Office 2010, which are available now for downloading, do not contain the technology covered by the injunction. While we are moving quickly to address the injunction issue, we are also considering our legal options, which could include a request for a rehearing by the Federal Circuit Court of Appeals en banc or a request for a writ of certiorari from the U.S. Supreme Court. Whoa. A judge for the The U.S. Court of Appeals has just upheld an earlier verdict forbidding Microsoft from selling both Office and Word after January 11th, 2010. This suit, which was filed by i4i, a creator of a XML plugin for Microsoft Office, alleged that Microsoft's Open XML format, which uses the DOCX and XLSX extensions that have been a part of Office on the Mac since Office 2007, violated i4i's patented XML handling algorithms. The court ruled in favor of i4i back in May, and Microsoft today lost their appeal, with the judge telling them that they don't have the right to sell the software as-is. Microsoft now either has to attempt to appeal the ruling again, or settle with i4i (read as: "Ballmer has to write a big honking check"), and is currently considering further legal options. The company is also working to remove these features from Microsoft Office (possibly in time to release new versions of the old software on January 11th), and this ruling doesn't affect the upcoming Office 2010 for Windows. We'll keep you posted if anything further develops.
Dear Barrister TUAW: Psystar, matters of fact, and appellate cases
Dear Auntie Barrister TUAW, I've been following your coverage of the Psystar case and I'm a little confused by the discussion on your last post. I've always thought the original case to be one of fact and an appellate case one of law. This, to me, would mean that in the appellate process they would not argue the case again at all. It would all be based on if the legal decision in the original case was rendered improperly. So all the sturm and drang would be gone, No? With love & kisses, David Read on for Barrister TUAW, esq's response
Banned PSN player appeals court decision, sues Sony again for $180k
If at first you don't succeed, try, try again. Erik Estavillo made headlines in the gaming blogosphere last summer for his $55,000 lawsuit against Sony, launched in retaliation for being banned from the PlayStation Network. As predicted, the judge dismissed his case after determining the First Amendment did not apply to Estavillo's claim.Estavallo isn't going to be stopped by a mere district judge's ruling, though. In addition to filing an appeal, Estavillo is also filing another lawsuit against Sony -- this time, a civil suit seeking $180,000 in damages; more than three times the amount of his original, dismissed suit. According to GamePolitics, Estavillo will once again opt out of using a lawyer, choosing to represent himself for both upcoming cases. We wish Estavillo the best of luck.**Ed.'s Note: While we'd normally end on a punchline, our fear of irrational and baseless lawsuits prevents us from doing so.
RealNetworks not giving up on RealDVD, plans to appeal court injunction
RealNetworks found itself on the wrong end of a gavel back in August, receiving a court injunction to stop selling its RealDVD software -- curiously flying in the face of an earlier ruling in the favor of Kaleidescape. Perhaps that's why Real isn't done fighting yet. Or, perhaps it's just because it doesn't want to be put out of business. Either way, the company is set to file an appeal and take the show back to court again. Exactly what the basis of their appeal will be remains to be seen -- assuming there is one -- but here's to hoping it's a little more legally sound than their last defense. We're not quite ready to give up on Fair Use just yet ourselves.
Kaleidescape gets in line behind RealDVD for rough treatment
When 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
Supreme Court declines to hear remote storage DVR appeal, cloud recording is on the way
It seems like Cablevision and others have been trying to roll out "remote storage" network DVRs forever, and now that the Supreme Court has decided against hearing the appeal of the Hollywood studios looking to block it, they should finally be able to deliver as soon as this summer. Of course, there's benefits to having a locally stored copy of I'm A Celebrity Get Me Out of Here, but just in case we forgot to queue up a recording, the power went out or suffered some other manner of catastrophe, we'd still have access to all the Lou Diamond Phillips anyone could ask for, and there's really no way the highest court in the land could get in the way of that.
The Pirate Bay retrial request denied
It seems the lengthy litigatory road embarked upon by The Pirate Bay's four founders back in April is finally coming to an end. Following a guilty verdict that sentenced Frederik Neij, Gottfrid Svartholm Warg, Carl Lundstrom and Peter Sunde to one year in prison and fines of 30 million kronor (about $4 million), the quartet's lawyer requested an appeal after it was revealed that the presiding judge over the case was, in fact, a member of the Swedish Association for the Protection of Industrial Property. The request was denied earlier today by the Svea Court of Appeal.Yes, the folks who made it possible to finally find that KeyGen for your downloaded copy of Barbie Horse Adventures: Mystery Ride are heading for a Swedish slammer -- but before they go, they'll reportedly press charges against Sweden for violating their human rights.[Original image: marcusrg]
Cable companies losing stranglehold on apartments
It's no secret that loads of folks loathe their cable company, but for some apartment dwellers, there's exactly one choice of service providers for TV, internet, and/or phone service. See, cable companies in some areas (read - anywhere they can) have negotiated exclusive distribution rights in buildings that they wired up, keeping other services at bay. Well, those castle walls are crumbling as a the Court of Appeals in Washington has upheld the 2007 FCC ruling that banned such practices as anticompetitive. Don't expect this decision to revamp the entire landscape -- cable companies are well-versed in how to keep competition down -- but this decision should make it easier for offerings like FiOS and U-verse to make inroads to dense metro areas. If all that's standing between you and FiOS is a shady cable company arrangement, now's your time to grab some fiber![Image courtesy Videogum]
DISH appeal denied by Supreme Court, TiVo to receive $104 million payout
Bust out the forks, because it looks like the long-running dispute between DISH and TiVo is coming to an end (yes, again). The Supreme Court denied DISH's appeal in the DVR "time-warp" patent infringement case and in the next few day DISH will release $104 million ($94 million plus interest) from an escrow account to TiVo to cover damages stretching back to September 8, 2006. The dust isn't all settled, though, as there's more litigation in the pipeline regarding DISH's supposed workaround software currently deployed to its DVRs. Certainly, this is good news for TiVo's finances, but we'd really like to see some improvements with TiVo itself -- LiquidTV / TiVo PC is a small step in the right direction, but more advanced concepts are what we're calling for, here.
Reporting gold spammers in WAR now easier than ever
The gold seller scourge has fallen upon Warhammer Online, as you've likely noticed. But Mythic Entertainment has taken some rather extreme measures to silence the incessant spamming. To help reach that goal, they're making it easier for players to report gold selling activity and harassment. In keeping with their zero-tolerance policy on gold spamming, Mythic states, "We are committed to making life as hard as we can for Gold Sellers in game and maximizing player enjoyment. To that end we have added a new tool to streamline the gold seller reporting process." That tool is found within the Appeal Interface, as the stand-alone category "GOLD/PL SALES" -- and is not found within the Violation category (which is used for most other types of harassment) as you might expect. Submitting these appeals via the GOLD/PL SALES category is a straightforward matter, as shown below the cut: Did you enjoy this? Make sure to check out our Warhammer guides: Massively's Character Creation Guide and our WoW Player's Guide to Warhammer. Plus, don't miss any of our ongoing coverage as Massively goes to WAR!
Court denies Nintendo's appeal in patent infringement lawsuit
Nintendo is officially down $21 million. After a recent court ruling that declared Nintendo the loser in a patent infringement case, Nintendo appealed the $21 million penalty sum, hoping to have the charge reduced. Anascape Ltd. was the plaintiff in the case (and potential receiver of large amounts of cash), claiming that Nintendo violated their patents when making the GameCube, Classic, Wavebird, and Wiimote controllers.A judge denied Nintendo's appeal, finding that the sum was fair based on the evidence. Anascape, obviously, was happy about the outcome, with the lead council saying, "We appreciate the Court's thoughtful consideration in upholding the jury's decision. Although not a giant corporation like Nintendo, Anascape has every right to protect its technology." Since the patent affects all of Nintendo's most recent controllers, we wonder if this will have any impact on Nintendo's future designs or technologies.
DISH Network can't stop, won't stop fighting TiVo, heads to Supreme Court; your DVR is safe
DISH Network hasn't taken "no" "denied" or "not yours" for an answer before in its battle against TiVo, and it's not going to start now. In a statement, the company expressed its plans to appeal the Federal Circuit's ruling against a rehearing to the Supreme Court. No matter how it ends, customers don't have to worry about jackbooted government agents (or software updates, whatever) stealing their precious DISH DVR functionality, because its "next generation" DVR software has already been downloaded to your box, and does not infringe on any patents. We'll leave this up to the lawyers to fight out (and write amusing disclaimers about), but in the meantime hit the read link to hear DISH's side of things.[Thanks to everyone who sent this in]
TiVo's win over DISH Network upheld by court of appeals: It's over
Bad day for DISH Network, first its satellite is gone for good and now comes word its appeal to overturn TiVo's lawsuit has been denied. That should put an end to the legal push and pull between the companies, with TiVo firmly on top, DISH customers could have their DVRs pulled out from under them. Win in hand, TiVo has a lot more leverage against other providers to put its service on their boxes, (which might not be the worst thing if you've used some cable DVRs) and leaves the company looking a lot more lively.[Thanks Zatz Not Funny & Thomas Hawk]
