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Explicit consent becomes mandatory with latest 'do not track' proposal, backs Microsoft into the corner
Remember how Microsoft said it'd enable the "do not track" feature by default for all users of Internet Explorer 10? Well, it's not likely to happen -- at least from the looks of things. The move caused more than an uproar in the advertising industry, which had agreed to abide by these preferences only if users could, indeed, choose for themselves. With Microsoft's bullish decision to go forward and make this setting default, advertisers argued they'd be left with no choice but to bust the deal wide open and ignore these preferences. In attempt to make sure the whole "do not track" effort isn't derailed, the latest compromise proposal -- authored by the EFF, Mozilla and Jonathan Mayer of Stanford University -- now includes a specific provision that requires users to provide explicit consent before any tracking preferences can be transmitted. The same document acknowledges that the proposal has yet to be extensively discussed with stakeholders, but from the looks of things, "do not track" by default seems headed for a quick death. It's too bad we didn't have the time to get better acquainted with Microsoft's heavy lash against advertisers, but we've a feeling that you can decide this one for yourselves, right? [Image credit: Tomas Fano, Flickr]
FBI reportedly pressing for backdoor access to Facebook, Google
Investigators at the FBI supposedly aren't happy that social networks like Facebook or Google+ don't have the same kind of facility for wiretaps that phones have had for decades. If claimed industry contacts for CNET are right, senior staff at the bureau have floated a proposed amendment to the 1994-era Communications Assistance for Law Enforcement Act (CALEA) that would require that communication-based websites with large user bases include a backdoor for federal agents to snoop on suspects. It would still include the same requirement for a court order as for phone calls, even if US carriers currently enjoy immunity for cooperating with any warrantless wiretapping. As might be expected, technology firms and civil liberties advocates like the Electronic Frontier Foundation object to deepening CALEA's reach any further, and Apple is thought to be preemptively lobbying against another definition of the law that might require a government back channel for audiovisual chat services like FaceTime or Skype. The FBI didn't explicitly confirm the proposal when asked, but it did say it was worried it might be "going dark" and couldn't enforce wiretaps. [Image credit: David Drexler, Flickr]
Carpathia wants to delete orphaned Megaupload data, pay the bills
The Federal shut down of Megaupload did more than jail its founders, scare its competitors and worry its users -- it also left Carpathia Hosting footing a $9,000 a day bill. The outfit previously agreed to preserve Megaupload's frozen data, but now that the service's unpaid bills are piling up, it's ready to change its tune. In a emergency motion filed with the U.S. Federal Court in Virginia, Carpathia asked the court to either take the data off its hands, pay it for retaining the data or else allow it to delete the data altogether after allowing users to reclaim their files. The hosting service won't take action on its own, it says, as that might "risk a claim by a party with an interest in the data," such as the Motion Picture Association of America. With any luck, the matter will be settled in a court hearing next month. If not? Well, we'll just take it as a lesson: back up locally, you never know when your files might get wrapped up in the legal system.
Last chance to clear out Google Web History before the great data convergence
The end is nigh! For about 59 different Google ToS documents at least. After today, the new consolidated privacy policy will go into effect on March 1st, which will also consolidate much of your data across Google's properties. That means this is a your last chance to clear out El Goog's "you archives" before the great convergence of 2012. If you're not keen on Google sharing your information between its various products (though, you seemed to be okay with it being collected in the first place) today is the day to go and delete it all. Of particular concern for some is Web History, which collects your searches and sites visited and has, until now, been walled off from the rest of the Google empire. For complete instructions for how to clear out your Google Web History hit up the source link.Update: The EFF has clarified, and we feel it necessary to follow suit, that disabling your web history does not stop Google from collecting data about you. What it does mean is that after 18 months that information is partially anonymized and that certain features, like custom search results, will not be enabled. Just as importantly, we mistakenly said that Wednesday, February 22nd was your last chance to turn off the feature. The new ToS does not go into effect until March 1st.
Humble Bundle Mojam makes nearly $500K for charity
Mojang is everyone's favorite studio to blindly throw money at these days, so it comes as little surprise that the Sweden-based Minecraft creators raised nearly $500K ($458,215.95) this past weekend during a live "game jam." The conceit was that Mojang would arrange a game jam (a "Mojam," if you will) and stream it live across 60 hours, with the resulting product being added to the most recent Humble Indie Bundle, as well as two games developed under similar constraints from Oxeye Game Studio and Wolfire Games.What games did the three studios end up making? Mojang created an Egyptian/Steampunk-themed RTS slash shoot 'em up called "Catacomb Snatch," which we'll refrain from making lurid jokes about, while Oxeye made a game named "Fists of Resistance" and Wolfire made "The Broadside Express."As over 81K bundles were purchased, the three studios collectively raised just under half a million dollars, all of which will be donated to Child's Play, Electronic Frontier Foundation, charity:water, and the American Red Cross. Now, if you'll excuse us, we've got some lurid jokes to make in private.
The Engadget Interview: the EFF's Mitch Stoltz talks the legality of jailbreaking
The work of a non-profit advocacy group is never done. It seems like just yesterday that the Electronic Frontier Foundation was waging a battle to put jailbreaking rights into the hands of consumers, much to the chagrin of manufacturers intent on maintaining control over their devices after they leave store shelves. With the looming expiration of an exemption to the Digital Millennium Copyright Act that has made such hacks legal, the organization is once again taking up the cause. And this time, it's added tablets and gaming consoles to its proposal. We sat down with EFF staff attorney Mitch Stoltz to discuss the state of the law and how users can help in the fight.
Megaupload co-founder's bail appeal rejected
While users housing content on the troubled Megaupload site were given a two-week reprieve, one of its co-founders is having less luck. Kim Dotcom has lost his appeal for bail, with prosecutors fearing that he would flee from New Zealand and return to his native Germany, possibly making him safe from extradition. According to the BBC, the prosecution alleged that Dotcom -- formerly Kim Schmitz -- had multiple passports and bank accounts, and "a history of fleeing criminal charges." His next court appearance his scheduled for February 22nd.
Megaupload users' data to be kept another two weeks, EFF to help folks retrieve it
Megaupload's digital doors may have been closed due to the presence of pirated materials, but there's still the matter of all that legal content residing on its servers. Naturally, folks want their files back, but now that the government's gotten what it needs, the hosting companies no longer need to keep the data around because Megaupload's no longer paying them to do so. Carpathia Hosting and Cogent Communications, however, have decided to preserve the data for another two weeks while a deal is brokered with the DOJ for its release. In the meantime, the Electronic Frontier Foundation (EFF) has teamed up with Carpathia to create a website that puts folks in touch with EFF attorneys so users can try to retrieve their data. No word as to what legal wrangling the EFF can do to make it happen, but those affected can get the wheels of justice started at the source below.
Jailbreaking exemption to DMCA is about to expire, EFF would rather it didn't
Back in 2010, the US Copyright Office added a set of anti-circumvention exemptions to the DMCA, effectively making it legal for smartphone users to jailbreak and/or root their devices. These exemptions, however, were never made permanent and now, they're about to expire. The EFF doesn't want this to happen, which is why it's decided to launch a campaign dedicated to the jailbreaking cause. With this initiative, the EFF is hoping to convince the Copyright Office to renew its exemptions and expand them to a wider range of devices, including tablets and videogame consoles. To achieve this, the organization is calling upon programmers and other jailbreaking enthusiasts to contact the Copyright Office directly, explaining why the ability to freely modify software is so vital to their lives or livelihoods. As the EFF argues, "Concrete examples will help show the Copyright Office why they should renew and expand the exemptions for jailbreaking." If you're interested in getting involved, you can contact the Copyright Office at the coverage link below, though all comments are due by February 5th. Hit up the source link for more details on the EFF's involvement.
EFF takes the fight to Carrier IQ, requests reinforcements
If we didn't love the EFF already, we'd be proposing marriage now that it's managed to reverse-engineer Carrier IQ's pernicious monitoring software. CIQ exists in phones in three parts, the app itself, a configuration file and a database -- where your keystrokes and coded "metrics" are logged before being sent to the company. Volunteer Jared Wierzbicki cracked the configuration profile and produced IQIQ, an Android app that reveals what parts of your activity are being monitored. Now the Foundation is posting an open call for people to share their data using the app in order to decipher what personal data was collected and hopefully decrypt the rest of the software. Hopefully, our thoughts can soon turn to who's gonna play the part of Trevor Eckhart in the All the Presidents Men-style biopic.
EFF takes on Lodsys patent controversy
Julie Samuels, a Staff Attorney at the Electronic Frontier Foundation (EFF), said Apple should join forces with its developers to dispute patent infringement complaints Lodsys, LLC sent to several independent iOS app-makers last week. On May 13, a number of iOS developers reported being told their apps, by using the in-app purchase mechanism built into Apple's development kit, infringed on intellectual property owned by Lodsys, a patent holding company based in Texas. According to Lodsys, their patent specifically covers technology that allows end users to upgrade "light" editions of software to fully functional apps. Lodsys claims that Apple, Google, and Microsoft already pay to license the technology for themselves (possibly through investments in the patent portfolio of Intellectual Ventures), but licensing agreements with these tech giants do not extend to third party developers. Unfortunately, Apple requires developers to use the in-app purchase mechanism it provides, and the Cupertino company's developer agreement does nothing to protect app creators from patent infringement claims against technology it builds into iOS. Samuels argues this is a "misallocation of burden" onto individual developers who often don't have the resources needed to combat infringement suits. Even if a developer does explore the patent universe for possible pitfalls, it's unlikely he or she would look into any of Apple's technologies since most reasonable people (including lawyers) would expect the company to avoid exposing its app-makers to additional liability. App sellers already surrender 30% of the revenue from each sale to Apple; adding the threat of patent lawsuits or additional licensing fees may deter new and existing developers from choosing to create software for iOS. Last we heard, Apple was "actively investigating" the Lodsys patent infringement claims. It's still not clear what actions the company will take next, but Samuels says, "by putting the burden on those least able to shoulder it, both Apple and Lodsys are harming not just developers but also the consumers who will see fewer apps and less innovation." She hopes Apple will "do what's right and stand up for their developers and help teach the patent trolls a lesson."
New Humble Bundle features Frozenbyte games and prototype
Humble Bundle's third, pay-want-you-want indie games collection, "The Humble Frozenbyte Bundle," is now available from the official site for the next fifteen days. As the name implies, the new set features the works of Finnish developer Frozenbyte, including the platformer Trine and the top-down shooter series Shadowgrounds. The bundle also includes a pre-order license -- no, not for Trine 2, but for Splot, a mysterious (yet adorable-looking) title that's still under development. Most intriguing, Frozenbyte has tossed in the source code for a canceled project called Jack Claw. According to Edge, the developer hopes to crowd-source the game to completion and offer it for free to everyone that helps. Like past Humble Bundles, this one is DRM-free and -- with the exception of the Windows-only Jack Claw code -- all the games are available to download for PC, Mac and Linux. Additionally, purchasers are entitled to Steam, Desura and OnLive product keys for compatible titles, as well as the soundtracks for Trine and the Shadowgrounds games. Oh! And how could we forget? Any two portions of your purchase can be donated to the Child's Play Charity and the Electronic Frontier Foundation, a public interest nonprofit that protects consumers' digital rights. Check out the Frozenbyte Bundle promotional video after the break to find out more about this most awesome offering -- or just go buy it already! [Thanks, Luis!]
Humble Indie Bundle 2 grosses over $500K in day-one purchases, led by Minecraft's Persson
"Humble Bundle" no longer seems like an appropriate name. In less than 24 hours upon release, the pay-what-you-want indie game collection Humble Bundle #2 earned over $500,000 in revenue and appears to be well on its way to beating the first bundle's seven-figure returns. The Humble Bundle website offers an interesting look into purchasing trends by providing real-time stats. As of writing, over 70,000 people have purchased the pack, including Minecraft creator Markus Persson, who paid an extraordinary $2,000, and Infinity Ward's Robert Bowling, who went with a generous $500 payment. The average selling price for the bundle is currently $7 and change. The Humble Bundle #2 includes five celebrated indie titles: Braid, Cortex Command, Machinarium, Osmos and Revenge of the Titans. Purchasers can divide their payments between the developers, the Electronic Frontier Foundation and the Child's Play Charity as they see fit.
One-quarter of Humble Indie Bundle downloads were pirated
Perhaps you've heard of (or purchased!) the Humble Indie Bundle -- a set of five DRM-free indie games, which you can choose your own price for, the entirety of which goes to two completely deserving charities. Despite the bundle's altruism and affordability, Wolfire Games reports that over one quarter of the total downloads of the package were pirated. You read that right -- a grip of people have stolen the choose-your-own-price indie-bundle-for-charity. Talk about sticking it to The Man. This fraction of creeps shouldn't cheapen the fact that the bundle's already brought in $716,944 for the five games, as well as the Child's Play and the Electronic Frontier Foundation, but it's still pretty disheartening. If you'll excuse us, we need to go watch Happy-Go-Lucky or perhaps a few episodes of Extreme Makeover: Home Edition until we regain our faith in humanity. [Via Ars Technica]
Humble Indie Bundle: Pay what you want for World of Goo and four others
You've commented on Joystiq posts about oppressive DRM many times before. You dutifully wear your Target-purchased indie game t-shirt every week without fail. And you read every Joystiq Indie Pitch we post. But if you want to put some money towards supporting indie games, you won't find a better way to do it than this. Wolfire Games and a few other indie developers have put together the "Humble Indie Bundle" sale, offering five terrific award-winning indie games (World of Goo, Aquaria, Gish, Lugaru and Penumbra Overture) for the low, low price of ... whatever you want. That's right -- they're asking you to pay what you feel is right for these bundled, non-DRM, developer-owned Mac, Linux or PC games. And that's not all: You can even specify part or all of your donation to go to a charity, either Child's Play or the Electronic Frontier Foundation. That's about as selfless as it gets in gaming -- pay what you think it's worth, to charity or the people who made it. The average donation so far is about $8.00, but individuals have donated as much as $500 to the effort. You get lots of chances to say you support indie gaming, but fewer great chances like this to put your money where your mouth is. And walking away with five great indie titles to play doesn't hurt, either.
EFF releases iPhone developer license agreement
In a step towards transparency, the Electronic Frontier Foundation has made the entire iPhone Developer Program License Agreement available for the general public. This is the document that all iPhone developers must agree to when they become part of the iPhone developer program. As EFF points out, public copies of the license agreement are pretty scarce thanks to developers being locked under a non-disclosure agreement as part of the contract. EFF used the Freedom of Information Act to get its copy from NASA, which is the version from approximately a year ago (Rev. 3-17-09). The agreement has been updated since then. The EFF characterizes the agreement as "a very one-sided contract, favoring Apple at every turn," and that's not an overstatement. Some of the clauses and conditions in the Apple developer agreement do smack of "our field, our ball, our rules" thinking from Cupertino. Highlights from the 28-page document include: A ban prohibiting developers from making public statements about the license agreement; however the contract itself is not considered "Apple Confidential Information." Apps developed from Apple's SDK are only allowed to be sold through the App Store. You can't push it anywhere else (Cydia, etc.), even if Apple has rejected the app for any reason. Developers are forbidden to tinker with any Apple products, not just the iPhone. This includes jailbreaking. Apple is not liable for more than $50 in damages in case something happens on their end to your app. This is laughable, and I'm honestly surprised that Apple has not had a legal challenge over this yet. Devices used for testing purposes could be locked into a "testing mode," and may not be able to be restored to their original condition. That is one way to brick your device. I discussed the EFF's post with Mike Rose, and he offered some editorial comment; read on for more.
E-reader privacy policies compared: Big Kindle is watching you
It's definitely shaping up to be the year of e-book readers: the Amazon Kindle is flying off (virtual) shelves, and we'd expect the Barnes & Noble Nook to start moving at a decent clip once the kinks get worked out. But any device with an always-on 3G connection to a central server raises some privacy questions, especially when it can broadcast granular, specific data about what you're reading -- data that's subject to a wide spectrum of privacy laws and regulations when it comes to real books and libraries, but much less so in the digital realm. We'd say it's going to take a while for all the privacy implications of e-books to be dealt with by formal policy, but in the meantime the best solution is to be informed -- which is where this handy chart from our friends at the Electronic Frontier Foundation comes in. As you'd expect, the more reading you do online, the more you can be tracked -- and Google Books, the Kindle, and the Nook all log a ton of data that can be shared with law enforcement and various other third parties if required. Of course, we doubt the cops are too interested in your Twilight reading habits, but honestly, we'd rather users weren't tracked at all. Check the full chart and more at the read link. [Thanks, Tom]
Apple: Jailbreaking encourages cell tower terrorism, "catastrophic results"
If trashing your push messaging wasn't enough to steer you clear of using your iPhone in unauthorized ways, this next bit of news might have you back on the straight and narrow. According to Wired, Apple's latest salvo in the fight over jailbreaking is a claim that pernicious, iPhone wielding techno-hackers at home or abroad could modify the baseband and use it to attack cellphone towers, "rendering the tower entirely inoperable to process calls or transmit data." Of course, the idea that this would become more likely if the legal status of jailbreaking changes is totally absurd, but why let that stand in the way of a legal argument?In a related note, one of our editors (whose jailbroken iPhone shall remain nameless) got a strange baseband pop-up error this morning -- the very same morning that AT&T is suffering a "massive connectivity outage" throughout the northeast and midwest. Coincidence? Yeah, probably.Read - iPhone Jailbreaking Could Crash Cellphone Towers, Apple ClaimsRead - Anyone Experience the AT&T Outage?
Comcast backs off BitTorrent, will continue to manage internet traffic
Although Comcast has been beating around the proverbial bush about its data-meddling ways, it seems the pressure from the recent FCC investigation efforts have forced it to play nice. Reportedly, the firm is getting set to (begrudgingly, we presume) announce that it will "stop targeting BitTorrent on the internet." More specifically, the cable company will purportedly "boost broadband capacity" in order to make things speedier all around, but details on this tidbit were unsurprisingly absent. Nevertheless, BitTorrent has also agreed to make its software "more efficient," but those hoping that Comcast would leave well enough alone are in for even more disappointment. The outfit still plans on managing traffic on the 'net (standard practice, we know), but Tony Werner, executive VP and CTO, noted that it was "working hard on a different approach that is protocol-agnostic during peak periods."[Thanks, Mike and Kenneth]
EFF claims that Comcast is still meddling with data
According to a report released by the Electronic Frontier Foundation (EFF), Comcast has yet to relinquish its data discriminating habits, and users attempting to share content via P2P could still face slowdowns and unexpected delays. Of course, Comcast's Charlie Douglas proclaimed that the firm "does not, has not, and will not block any web site or online application, including peer-to-peer services," but followed up by stating that it did engage in "reasonable network management to serve all of its customers with a good internet experience." The EFF, however, saw things differently. During its own tests, it was reportedly able to confirm conclusions drawn earlier this year by the AP, and it also exclaimed that Comcast was "essentially deploying against its own customers techniques more typically used by malicious hackers." Pretty strong words, to say the least, but we're curious to know if the continued Comcast bashing is indeed legitimate. So, dear readers / Comcast users, are you still (or have you ever, for that matter) experiencing sketchy P2P performance, or is this all just one overblown mess?
