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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.
Court allowing iPCS to proceed with fight against Sprint's Clearwire deal
Sprint affiliate iPCS' post-Nextel merger beef with the carrier goes beyond the Nextel market issue; they've also been making noise over the deal that has married Sprint's WiMAX efforts with Clearwire's, claiming that it's sharing awesome technology and other "benefits" with Clearwire that it also has a legal obligation to share with its affiliates. To that end, the Illinois-based company has scored another court win that allows its WiMAX-related lawsuit to proceed, though not without also dropping a claim to collect "undetermined" damages against Sprint that the judge determined iPCS was not entitled to collect under the terms of its agreement. Like the endless Nokia / Qualcomm and Broadcom / Qualcomm legal dramas, this is shaping up to be one for the ages -- so sit back, relax, get your popcorn ready, and make sure you've got a full legal reference at your side. [Via Phone Scoop]
Glider down for the count
We knew this would happen after that last big Glider decision, but the judge's ruling has turned into action, and Glider has suspended their sales and operations. They're still hoping to bring it back up at some point -- there's still an appeals process to go through -- but that seems unlikely. Keep in mind that using Glider or any other botting software like it is a breach of Blizzard's terms of service and will most likely get you banned from the game.The company also has a FAQ up (which includes a PDF link to the latest ruling), and they sound hopeful there as well, saying that they'll know in a little while whether they'll be "back within a month or... gone for at least a year." Just in case you have (against Blizzard's rules) purchased and used Glider and are concerned that your information is being passed on to Blizzard, worry not -- they say that the ruling doesn't require them to give up any sales information, just shut down their operations and sales of the program.As Blizzard posted last month, they see this as a clear victory for both the company and players of the game -- Glider undermined both the wishes of the designers and the experience of other players in the game. Blizzard apparently feels the battle is over, while we're sure Glider is planning to continue the legal fight for as long as it takes. It seems unlikely that we'll see this software (or any bot software) back up for sale legitimately again, but if we do, we'll let you know.Thanks to everyone who sent this in!
Regulatory revision opens up South Korean handset market
Good news for South Koreans who love choice; bad news for LG and Samsung... sort of. For those unaware, South Korea is currently under a rule that requires cellphones that connect to the internet to "use domestic software that standardizes network access." In theory, the regulation makes life easier for local software developers, but in reality, it has enabled locally-based LG and Samsung to combine for around 90% of all handset sales in the nation. Moving forward, however, the Korea Communications Commission intends to modify the barrier (effective next April) so that cellphone operators can use "any type of phone" they choose. We suspect three cheers for competition are in order.
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]
So-called iPod tax overturned by Canadian court
Splendid news on the Canadian front -- it seems as if that proposed tax on digital recorders and storage devices (you know, like Apple's iPod for instance) will actually not come to pass. According to Judge Karen Sharlow, the board "had no legal authority to certify a tariff on digital audio recorders or on the memory permanently embedded in digital audio recorders." The ruling enables all music lovin' Canucks to breath a sigh of relief, as it makes tacking on fees ranging from C$5 ($4.95) to C$75 ($74) in order to "compensate the recording industry for music that was copied" illegal . From here, a decision still needs to be made to clarify the legality (or illegality) of copying music from discs to DAPs, but at least we're seeing a touch of levelheadedness in the music biz, regardless.[Via ArsTechnica]
Court awards disability claim to RF-exposed AT&T worker
It's still largely unclear just what the heck cellphone-sized doses of radiation do to the human body -- but whatever happens, you've gotta figure those effects are multiplied many times for folks spending their days standing in front of carriers' antenna arrays. An Alaskan equipment installer working for AT&T filed a disability claim against his employer for unspecified health problems caused by ongoing exposure to RF levels above FCC recommendations; eventually, the claim ended up on the docket of the state's Supreme Court, which ruled in favor of the employee. We imagine the decision will likely get tied up in further appeals, but if the law ultimately sides with the afflicted worker, this could all spell trouble for carriers whose installers spend much of their time blasted with all manner of airwaves. In the interest of health (or not getting sued, as the case may be), are we looking at more blackouts down the road as transceivers get turned off for maintenance?
UK traffic wardens to wield handheld camcorders
At this point, the near-daily implementations of added surveillance in England is bordering on comical, but for the residents of the country, we're sure it feels more like infuriating. Just days after introducing the British to flying all-seeing police bots comes news that traffic wardens in Salford are becoming the first in the UK to wield handheld video camera. The move was reportedly made so that attendants could have "evidence to prove beyond doubt that the penalties its wardens hand out are justified," which sounds like it could cut down on any questionable penalization that disgruntled employees had the power to administer. Additionally, video from the camcorders will be used in cases where wardens are "assaulted or abused" while on the job, and while we're sure it's not part of the plan, the UK government could have miles of footage for its own rendition of COPS should it choose to use it.[Via Inquirer]
Genetic discrimination ban edges closer to reality
By a fairly wide 420-3 margin, the House of Representatives gave a nearly unanimous thumbs-up to the Genetic Information Nondiscrimination Act, which would "prohibit employers from using genetic information or test results when making employment and health benefits decisions" if it gets a similar nod of approval from the Senate. Fortunately for supporters, the Senate has been known to look fondly upon similar legislation in the past, and if the bill becomes law, health insurers couldn't use "genetic information to set premiums," nor could they require customers to submit genetic tests. Essentially, this could ensure that any future human mutation hacks you inflict on yourself, or more frightening, any robotic humanoid whose genes would find it out, will be safe from scrutiny come interview time. It's about time to order up that oh-so-keen intelligent carpet, right, hiring managers?[Via Wired]
Epson wins ink ruling; ITC recommends banning third-party imports
While we're still not sure whether refilling those empty ink cartridges is indeed a criminal act (or a waste of money), Epson has taken one more step towards forcing the average consumer to purchase name-brand carts at sky-high prices. Of course, Epson would have you believe that it's simply protecting its patents, but in a recent preliminary ruling that deemed some 24 suppliers that "import and sell Epson-compatible cartridges" as in the wrong, it could spell higher prices and less choices for consumers with Epson printers. Nevertheless, if the final ruling (set for July 30th) follows the same path as this one, a "general exclusion order on the cartridges" would be enforced, barring any future imports of the presumably lower-cost alternatives into the States. It looks we're almost down to two choices when it comes to printing: break the law, or break the bank?[Via TGDaily]
FCC denies Comcast's CableCARD appeal
Chalk another one up for the FCC, as its chairman Kevin Martin slapped down Comcast's waiver to continue deploying specific Motorola, Scientific Atlanta, and Pace Micro Technology set-top boxes right on through the July 1 deadline. Contrary to the wishes of the cable provider, the FCC showed no mercy, and continued to insist that customers should be issued a new digital STB with CableCARD slots as scheduled. The cable provider stated that it would "seek full Commission review," and if that didn't work out, it just might clash with the Federal Communications Commission in court. Comcast claims that the costs to implement such a change, in addition to eventually phasing out all analog transmissions, places an unfair burden on the consumer (of all people), and even proclaimed that the rejection of the waiver would mean that "millions of American consumers won't have the opportunity to enter the age of digital television easily and affordably." Although the ruling has been made, the FCC will very likely be hearing from Comcast again regarding the issue, and also has eight other cable / telecommunications providers to deal with that have filed similar requests, which it probably doesn't think is very Comcastic at all.
Florida court OKs Bully
Destructoid has the scoop straight from the Florida courthouse where Judge Ronald Friedman has just declared that he will not honor Jack Thompson's request to restrict sales of Bully in advance of the game's shipment next Tuesday. The ruling comes after the judge viewed a demonstration of various parts of the game by a Take Two employee for two hours and determined "there's nothing in the game that you wouldn't see on TV every night." He added that he would not approve of the game for his children, but that fact alone "shouldn't mean that the game won't ship."While the case could still be appealed, Destructoid notes that Thompson expressed no interest in doing so because any appellate ruling would come after the game was already in stores. So while this doesn't necessarily mean that our favorite lawyer will "drop the whole thing," as he put it, it does mean that the path is clear for the game to reach stores.
VoIP wiretapping required, deal sealed
When we last checked in, the FCC had given the ok on wiretapping commercial VoIP providers; this decision, of course, went straight to appeals, as we'd hope and expect. We're sorry to report, however, the case which appeared before the Court of Appeals for the District of Columbia Circuit has officially been settled upon, and it's been decided that we'll continue to live under the provisions outlined in the Communications Assistance for Law Enforcement Act (CALEA). As upheld in a 2-to-1 decision, companies like Vonage and Skype would have to open up to authorized government intrusion, the same as any landline phone provider -- private networks (like those on college campuses), however, will theoretically remain legally secure from the wiretaps. Kind of a bummer, but we're not gonna lose too much sleep over this one; we all know how easy it is to secure P2P VoIP, and really the law's only effectively leveling consumer landline VoIP with analog landline telephony and cellphone calling with regard to wiretaps, so it's almost more about upholding status quo than breaching civil liberties. So, everybody know how to create an SSH tunnel yet?
Norway takes iTMS ToS gripes to court
A consumer advocacy group in Norway is apparently not too happy with the iTMS ToS (Terms of Service) and has won a preliminary ruling in an attempt to force Apple to make some edits. Specifically, the Norwegian group is attacking Apple's liability for any security breaches their software might allow (think: "Sony rootkits"), as well as the company's 'we can edit these ToS anytime we want' policy that is outlined in said ToS. Also on the table, yet again, is the use of DRM and whether it violates fundamental consumer rights in Norway, and the proposition of a 'cooling off' period for iTMS purchases.First France, now Norway. The iTMS and its practices are taking quite the beating lately. We should take bets as to how long it will take Norwegian pro-music industry lobbyists to get these rulings fixed this time around.[via MacNN]
Shocking DualShock case still not going Sony's way
Sony's attempt to overturn the 2004 ruling on Immersion's haptic technology patents and receive a new trial was denied in court recently.The Wall Street Journal tells quite a tale concerning another force-feedback inventor, originally a paid consultant of Immersion, who allegedly received advance royalties from Sony in exchange for testimony against his former client. There's enough drama in this case to fill a television soap opera--or, better yet, a police or crime-scene procedural.For the full contents of the article, you'll need to log in as a subscriber to the Journal through the picture above or the Read link below. We don't know to what extent this courtroom drama will affect the "boomerang" PS3 prototype controller design, future DualShock 2 availability and compatibility, or any possible delays to the new system itself, but Sony's separate appeal in federal court has yet to be ruled on, leaving the company one more crucial legal avenue to pursue in this matter.[Via Joystiq]
