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Defcon duo: how-to shut off a pacemaker, almost get free rides on the T
Defcon already delivered by exposing California's FasTrak toll system for the security hole that it is, but that's not nearly all that's emerging from the Las Vegas exploitation conference. For starters, a plethora of medical device security researchers have purportedly figured out a way to wirelessly control pacemakers, theoretically allowing those with the proper equipment to "induce the test mode, drain the device battery and turn off therapies." Of course, it's not (quite) as simple as just buzzing a remote and putting someone six feet under, but it's a threat worth paying attention to. In related news, a trio of MIT students who were scheduled to give a speech on how to hack CharlieCards to get free rides on Boston's T subway were stifled by a temporary restraining order that the Massachusetts Bay Transit Authority snagged just before the expo. Don't lie, you're intrigued -- hit up the links below for all the nitty-gritty.Update: MIT published the Defcon presentation in a PDF.Read - Pacemaker hackRead - Massachusetts Bay Transit Authority sues MIT hackersRead - Restraining order on said hackers
NVIDIA pays Transmeta $25 million for LongRun technology
A select bunch of Transmeta investors may not completely agree with how the outfit is being managed, but one thing's for sure: it's bringing in some serious coin on this deal. During a brief timeout from counting those stacks of Benjamins handed over by Intel, it decided to license its Long Run and LongRun 2 technologies (among "other intellectual property") to NVIDIA for a cool $25 million. Additionally, the agreement grants NVIDIA a "non-exclusive and fully paid-up license" to all of Transmeta's patents and patent applications. Unfortunately, it's still unclear how exactly this will end up affecting NVIDIA fanboys (and girls), but we'll go out on a limb and suggest that a mobile GTX 280 with a remarkably low power draw is just around the bend.[Via SlashGear]
Apple demands Psystar recall Mac clones
We noted yesterday that the Mac clone maker, Psystar, was sued by Apple for copyright infringement, among other things. According to a recent ZDNet post, Apple wants Psystar to recall all of the Mac clones sold since April. "Psystar's actions have been committed with intent to damage Apple and to confuse and deceive the public," Apple claims. "As a direct and proximate result of Psystar's infringing conduct, Apple has suffered and will continue to suffer lost sales and profits in an amount not yet fully ascertained in an amount to be proven at trial," Apple notes. I really don't see how Psystar will be able to recover all of the Mac clones sold since April. But, if you bought one, would you send it back? I certainly wouldn't. Engadget, our sister blog, is also looking deeply into this high-profile lawsuit. They take a look at what each allegation means for both Apple and Psystar.
Apple sues Psystar for license violations, copyright infringement
Like we didn't see this one coming: Apple is suing Psystar for copyright infringement. Psystar is the interesting little startup Mac-clone maker who allowed Mac OS X to run on their systems without the consent of Apple. In its license agreement, you are not allowed to run Mac OS X on any non-Apple hardware. Apple filed the complaint in a federal district court in California saying that Psystar violated its shrink-wrap license and trademarks. Apple is also alleging copyright infringement. In recent months, Psystar had begun cloning Mac OS X servers, which definitely made us feel a little uneasy about this small company.[via Engadget]
Nintendo sues Nyko over Kama wireless nunchuk
Nintendo may not make a wireless nunchuk controller, but it'll be gosh darned if someone else is going to do it. Bloomberg reports that Nintendo has sued peripheral manufacturer Nyko over its Kama Nunchuk (pictured above). The Big N claims the design infringes on its trademarks, contending the Kama "appropriates the novel shape, design, overall appearance and even the color and materials used in the Nintendo Nunchuk controller."Nyko reportedly responded that it didn't "knowingly" violate the company's patent and is looking into the issue. Nintendo wants cash for Nyko infringing on two of its patents and to stop selling the product. The Kama retails for $35 and, given Nintendo's legal war chest, if you're in the market for a wireless nunchuk, now's probably a good time to get it before it's gone. Perhaps this is a sign Nintendo is up to a wireless nunchuk of its own, or would that be something only "geeks and otaku" would be interested in?[Via Kotaku]
Voom HD claims over $1 billion in damages from DISH Network drop
If you had a sneaking suspicion that somewhat just wasn't right when all 15 of the VOOM HD networks suddenly vanished from DISH Network's lineup, um, you were right. Apparently EchoStar (now DISH Network) and VOOM Networks had inked a 15-year deal in 2005 that would give the latter "a license fee of $3.25 a month per HD subscriber receiving VOOM." Now, VOOM has "filed an amended complaint against EchoStar, claiming it will suffer more than $1 billion in damages." More specifically, it notes that "EchoStar had no right to terminate the affiliation agreement on the basis of a trumped-up and pretextual claim of breach simply because it no longer liked the deal it struck." As expected, EchoStar is remaining mum on the subject, but its ex-partner is seeking "substantial damages in an amount to be determined at trial." This one could get real ugly, and fast.
Supreme Court rejects T-Mobile appeal over contracts
Just a day after hearing that T-Mobile lost its magenta suit against Telia, more bad news on the legal front has been handed down to the carrier. Just this week, the Supreme Court decided to reject T-Mob's appeal in a trifecta of cases "involving the legal remedies available in millions of cellphone contracts." Each case centered around the same issue: "whether state laws that limit the ability of companies to prohibit consumers from banding together to pursue class action lawsuits are preempted by federal law." In layman's terms, T-Mobile had attempted to ban class actions and require its customers to resolve any gripes via arbitration, which clearly didn't pan out so well. Hit the read link to read the rest, Mr. 1L.[Via PhoneScoop]
Dell engaged in misleading business practices, says NY judge
According to a state judge in Albany, New York, Dell and its financing arm "engaged in deceptive business practices related to financing promotions for its computers and technical support." The decision, which was just released yesterday, contained quotes from NY State Supreme Court Justice Joseph C. Teresi stating that the Round Rock mega-corp dabbled in "repeated misleading, deceptive and unlawful business conduct, including false and deceptive advertising of financing promotions and the terms of warranties, fraudulent, misleading and deceptive practices in credit financing and failure to provide warranty service and rebates." The ruling stemmed from a lawsuit filed by NY Attorney General Andrew Cuomo last year, and while Mr. Cuomo was understandably delighted with the outcome, a Dell spokesman made clear that it didn't agree with the decision and it would be "defending its position vigorously." As for potential restitution for NYers, we won't know any of that until further proceedings are held.[Thanks, Nate]
Blizzard developers are out there
An interesting discussion went on in the Community Service forums yesterday concerning the role Blizzard developers play in those very forums. A poster was obviously attempting to troll and start some argument, asking if the Blizzard devs actually do read what people write or pay attention to the community at large. Kisirani, a Blizzard developer, responded that indeed they do.A few interesting things came from subsequent blue posts that help outline the roles of the developers and community managers. First, it is the job of the community managers (CMs as we call them) to do just what their title says: manage the community. This includes the forums and everything that goes on in there. Kisirani tells us that they regularly collect feedback and suggestions and pass them along to the developers. Kisirani makes it a point to say that they don't have enough time to read everything themselves, and if they were to read everything the game itself would not be developed – and again, this is where the community managers come into play.
Gibson fires Guitar Hero lawsuit at Wal-Mart, other retailers
Last we checked we actually weren't in the Twilight Zone, but quite frankly, the bigwigs at Gibson just might be. Seemingly out of nowhere, the famed guitar manufacturer sparked up a lawsuit against Activision claiming that Guitar Hero titles violate one of its patents. Now the company appears to be on the warpath, suing Wal-Mart, Target, GameStop, Amazon, Toys 'R' Us and Kmart in an attempt to get the game off of store shelves. Reportedly, Gibson took "this action reluctantly, but is required to protect its intellectual property." For the retailers that did comment, they chimed in only to say "we aren't commenting," and judging by the looks of things, the games are still widely available -- for now.
Blizzard loses a round in the fight against botting
In Blizzard's attempts to get rid of gold farmers and hackers, one of their most annoyingly persistent enemies has been the WoWGlider bot, now known as MMOGlider. They've been throwing suits and countersuits at each other for a few years now, but the latest salvo seems to have gone against Blizzard, the Game Activist reports. Blizzard was trying to subpoena Joe Thaler, owner of Lavish Software LLC, maker of programs such as EQPlayNice. While Lavish Software's programs do not appear to be cheat programs on their own, they did make a deal with MDY Industries, maker of MMOGlider, to use the programs within MMOGlider. According the judge's decision, Blizzard was hoping to obtain all documentation related to the deal, all communication between Thaler and Lavish and MDY and its owner, Michael Donnelly. They also wanted a list of all WoW accounts owned by Thaler and Lavish, as well as the contents of the WTF folders of every installation of WOW used by Thaler and Lavish Entertainment. Unfortunately, the Judge ruled that Blizzard was demanding information that could compromise Lavish's trade secrets and client confidentiality, and that the demand for the information within 9 days did not give Thaler and Lavish enough time to respond an gather information. It's worth noting that the judge did specifically say that Blizzard could file another subpoena that would be more narrow in scope and allow more time for Lavish and Mr. Thaler to respond, so this is probably not a fatal blow to Blizzard by any means. I personally hope not. I've never had much patience for bots, or people who feel they have a civil right to cheat at games, so I'm rooting for the big bad corporation on this one. What about you? Thanks for the link, Tyrsenus.
Toshiba sued for cloning Fujitsu's RakuRaku handset
It's fairly commonplace for Chinese manufacturers to crank out clones of other popular wares, but apparently, things aren't brushed off as easily when the cloning gets done by a mega-corp like Toshiba. Granted, quite a bit is lost in translation here, but the long and short of it is that NTT DoCoMo and Fujitsu are suing Tosh for creating and selling its 821T -- which, as you can see above, looks an awful lot like Fujitsu's RakuRaku handset. Reportedly, the plaintiffs have demanded that Softbank Mobile withdraw the 821T from the market, but it seems there's quite a bit more back-and-forth left to go down before the dust settles on this one.[Via GearFuse]
Harmonix sues Activision, then withdraws suit to talk
Variety reports developer Harmonix sued Activision on Monday for $14.5 million in royalties owed them from the Guitar Hero franchise, only to pull the suit Tuesday night. The filing of the lawsuit seems to have been all Activision apparently needed to talk things through outside of court.The lawsuit revolved around Harmonix's technology being used in creating Guitar Hero III and royalties owed them for that deal. Harmonix, which created the first two GH's before publisher Red Octane was purchased by Activision, also claims it has not been paid for GH DLC, in-game advertising and other nitty-gritty details. Activision originally stated it had paid what it owed to Harmonix and "the claims otherwise do not have merit." With Activision looking to drive the Guitar Hero franchise into the ground the seventh level of hell, it looks like Harmonix wants to get some money out of watching its original cash cow get milked into oblivion.Read -- Viacom withdraws 'Guitar' suitRead -- The full court docs.
Realtors bring suit against U-verse
In case you've been hiding in a cave, you know the real estate market in the US is experiencing a kind of meltdown these days. It's probably no coincidence, then, that The National Association of Real Estate Brokers (NARB) has turned to a classic alternative revenue stream -- the lawsuit. NARB has brought suit against AT&T, citing the exploding batteries in some U-verse cabinets as damper on property value. NARB claims that sales in areas near the affected cabinets "will show a dramatic drop-off until their security is ensured," which will in turn negatively impact the livelihood of realtors. Oh, if only blame could be laid at the feet of "supply and demand" issues instead!
Samsung sued for defective Blu-ray players
We'll be straight with you -- we aren't surprised one iota by this one. For those keeping tabs, Samsung's slate of Blu-ray players have been plagued with issues essentially from day one, and while it has released a flurry of firmware updates over the years in an attempt to mend a variety of incompatibility issues, even its recent BD-UP5000 hybrid player is being axed early on after giving owners all sorts of fits. Apparently, one particular buyer isn't taking things lying down, and has decided to file suit against the mega-corp alleging that it has sold "defective Blu-ray players" to consumers. According to the suit, Sammy was "fully aware of the defective nature of the player [BD-P1200, in particular] at the time of manufacture and sale," and it also claims that the firm has "failed to provide a remedy consistent with the products' intended and represented uses." More specifically, the verbiage picks on the units' inability to play back select BD titles, and while some fixes have indeed been doled out, we still get the feeling many consumers have been left dissatisfied. Needless to say, this outcome should be interesting.[Thank, Nfinity and Prey521]
Lawsuit could force Verizon to pay up for "illegal ETFs"
Simmer down, Verizon subscribers. A trial date has yet to be set, but apparently, an arbitrator has "certified a huge class action against Verizon Wireless" that could cost it nearly $1 billion in refunds of early termination fees. Reportedly, this case marks the "largest class ever certified in arbitration, with approximately 70 million members of the subscriber class." Essentially, the lawsuit is attempting to extract refunds for hordes of VZW customers that were charged with "illegal ETFs," and while a company spokesperson unsurprisingly declined comment, we're hearing that the trial could get going as early as mid-2008. That's two, who's next?[Image courtesy of Spusa]
Nintendo sued over alleged copyright infringement, Wiimote and nunchuk named
A Pennsylvania (I had nothing to do with it) company is filing a lawsuit against Nintendo (and Sony) for apparently violating its patent for a "hand held computer input apparatus and method." On the Nintendo side of things, the report mentioned both the Wiimote and nunchuk, and was filed last month in the US District Court for the Western District of Pennsylvania. Just another day at the office for Nintendo.Copper Innovations Group is looking to be awarded damages, plus interest and legal fees. They're also seeking an injunction which would permanently prohibit Nintendo, Sony and their agents (third-party manufacturers) from infringing upon the patent in the future. That means, no more Wiimotes and nunchuks. It's a sad future we're hoping we never have to live through.Head past the break for a picture of the device Copper Innovations Group is saying that Nintendo copied.
Microsoft's free Arcade title not enough, still hit with lawsuit over Xbox Live outages
We can't say that we're shocked to hear this -- you know, considering just how long those Xbox Live holiday blues went on -- but Microsoft is indeed being slapped with a class action lawsuit over the aforementioned outages. Reportedly, a trio of angered Texans are alleging that Microsoft didn't abide by its own contract when network issues disallowed a good chunk of Live users from getting their fix over the past few weeks. According to the complaint, MSFT understood that the time of year would lead to increased activity, yet "failed to provide adequate access and service to Xbox Live and its subscribers." Of course, we're betting the Redmond-based lawyers point out that clause about not guaranteeing any minimum level of service, but who knows, maybe we'll all end up with two shiny new Arcade titles.[Thanks, Andre and Ben]
RIAA suing citizen for copying legally purchased CDs to PC
Sure, we've heard RIAA-admiring lawyers affirm that ripping your own CDs is in fact "stealing," but it seems the aforementioned entity is putting its money where its mouth is in a case against Jeffrey Howell. Reportedly, the Scottsdale, Arizona resident is being sued by the RIAA, and rather than Mr. Howell just writing a check and calling it a day, he's fighting back in court. Interestingly, it seems that the industry is maintaining that "it is illegal for someone who has legally purchased a CD to transfer that music into their computer." Ira Schwartz, the industry's lawyer in the case, is arguing that MP3 files created on his computer from legally purchased CDs are indeed "unauthorized copies," and while we've no idea what will become of all this, we suppose you should go on and wipe those personal copies before you too end up in handcuffs.Update: We got some more info on the case -- it looks like Jeffrey's actually being sued for illegal downloading, not ripping, but this whole "ripping is illegal" tactic is still pretty distasteful. Check out this post for the full story.[Via BlogRunner]
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]
