ups
Latest
Did the Fifth Circuit just make breaking DRM legal? Not quite.
The world of digital copyright law is a busy place this morning -- not only did the Library of Congress hand down new exemptions to the DMCA that allow smartphones to be jailbroken and short portions of movies to be ripped, but a new decision out of the Fifth Circuit has caused some major waves because it seems to say breaking DRM is legal. Except, well, maybe not. Here's the deal: an uninterruptible power supply company called MGE sued GE in 2004 for using hacked-up copies of its software to maintain its clients' power systems -- the software was only supposed to work when a hardware dongle is plugged into the system, but GE engineers were using cracked software. After a lengthy trial, the jury awarded MGE $4.6m in damages for copyright infringement, misappropriation of trade secrets, and -- you guessed it -- violating the DMCA by circumventing the protection on the software. On appeal, the Fifth Circuit -- which was reviewing this kind of DMCA claim for the first time -- noted that MGE's hardware dongle only protected access to the software, not copying it, and that the DMCA is only effective when the protections in place guard something more than simple access. Here's the money quote from the decision: Merely bypassing a technological protection that restricts a user from viewing or using a work is insufficient to trigger the DMCA's anti-circumvention provision. The DMCA prohibits only forms of access that would violate or impinge on the protections that the Copyright Act otherwise affords copyright owners... The owner's technological measure must protect the copyrighted material against an infringement of a right that the Copyright Act protects, not from mere use or viewing. Broadly read, this means that breaking DRM just to look at or use a copyrighted work is fine -- it's when you break DRM that expressly protects activities reserved for copyright owners (like, say, making copies) that you get into trouble. That's a tiny little step back from other DRM-related decisions in other circuits, which have generally held that any DRM-breaking is illegal, but it's not completely without precedent -- since this was the first time the Fifth Circuit looked at this type of lawsuit, it looked to decisions from other appellate courts and found similar rulings on which to rely. Let's get back to what this means in practical terms, though -- although many are breathlessly reporting this to mean that breaking DRM is now legal, that's actually not the case at all. First of all, Fifth Circuit rulings are only directly effective in Louisiana, Mississippi, and Texas, so this isn't the law across the US yet -- that's going to take a Supreme Court decision. (We'll get to that in a second.) Second of all, the crux of the decision is that DMCA lawsuits are only valid if the DRM systems actually protect against copyright infringement, as opposed to merely controlling access, and that's only a slight narrowing of the law. Think about it: the number one thing forbidden by copyright law is making unauthorized copies. There's nothing in this ruling that suggests anyone can make copies of works without the explicit permission of the copyright owner -- it's still very much illegal to strip copy protection DRM off a video in order to transfer it to a portable media player, for example, since you're making an unauthorized copy. It's a subtle, but extremely important distinction. All that said, most of the other appellate courts in the US that have looked at DMCA issues have generally found that breaking DRM for any reason not covered in the exemptions is illegal, so the Fifth Circuit's decision here has set up what's called a "split in the circuits" -- different interpretations of the law in different parts of the country. That's the sort of situation the Supreme Court is there to resolve, so it's possible we'll see MGE appeal this one all the way to the top and DRM law will drastically change in one way or another. In any event, it's clear that the legal tide is slowly starting to turn against DRM, and that's definitely a good thing -- regardless of how small each individual step might be.
APC adds LCD, zero-draw power outlets to new Back-UPS Pro models
A new uninterruptible power supply isn't exactly the sort of thing to garner a ton of attention, but APC's latest Back-UPS Pro models do pack a few more features than your average power supply, and may just have you considering trading up. They're still just as uninterruptible as ever, of course, but the BR1300G and BR1500G models add a snazzy new LCD that displays the estimated runtime and other critical information, as well as some new power-saving outlets that will automatically shut off power to any unused devices. Otherwise, you can expect runtimes of between 92 and 164 minutes (depending on what's connected, of course), six or ten power outlets, and APC's usual PowerChute software for some more enhanced power management. Still no firm word on a release date for these, but they should be available sometime in the second quarter for between $129.99 and $249.99.
iPad Frenzy: Getting yours
If you're looking to pick up an iPad on Saturday without having pre-ordered or if you're concerned about your pre-ordered iPad arriving safely at your door, TUAW has some helpful updates for you. Ignore your tracking data. Does your iPad tracking show that it is still sitting in China? Mine does. But according to Boy Genius Reports, your iPad is actually here and waiting under guard. They write, "Don't worry if your tracking info still shows the package hasn't left China, it's probably only 10 miles from you, sitting comfortably under the watchful eyes of Top Flight security." On his Twitter account, Thomas from UPS agrees. He is busy reassuring freaked-out Apple customers that, in fact, the tracking information they're seeing on UPS's site is inaccurate. It doesn't help that Apple's Order Status system has been up and then down and then up again all morning. Buying one on Saturday. Did you not order your iPad in advance? We called around to a number of Apple Stores today and spoke with representatives, all of whom confirmed that they will be receiving stock in addition to preorder stock. This stock will be sold on a first come, first serve basis using the same two line system (one reserved line, one drop in line) you saw back during the 3GS release. Any remaining reserved stock will be released at 3PM. Thanks, JP Checa
Track an iPad from Shenzhen to you
There's a fun post at Silicon Alley Insider today that traces an iPad's journey from China to the customer's home. By monitoring Twitter and tracking reports, Nick Saint has assembled an iPad's typical journey to the US. It starts at the infamous Foxconn factory in Shenzhen, China. That's the "iPad nursery," if you will. From there, iPads destined for the USA fly to Anchorage, Alaska, a journey that Google Maps struggled with (38 days by car? Oh, it'd be much shorter by car). From there, the iPad that Nick was tracking went to Louisville, Kentucky, where it will remain (UPS shipping calls it "UPS Internal Activity") until it's set free on Saturday. Many TUAW readers wrote in to say they've received shipment notifications, so we can assume that your precious is somewhere along this route. In the meantime, why not install a package tracking app on your iPhone (you remember your iPhone, right)?
Don't panic over these iPad delivery exceptions
Lots of TUAW readers have written in today, worried about their iPad deliveries. Since they received shipment notices, many folks have been tracking their progress, and are now seeing messages like: UPS INTERNAL ACTIVITY. SHIPMENT IS HELD TO VERIFY COMMODITY DESCRIPTION WITH THE CUSTOMER FOR CORRECT CLASSIFICATION "Your package has experienced an exception" If you received one of these notices, you are not alone. Apple has taken similar measures in the past to make sure that deliveries do not arrive before the official release date. In fact, Boy Genius Report suggests that Apple is purposefully withholding clearance papers for the iPads to make sure that they are not delivered early. As anxious as these next few days of waiting will be, and as nerve-racking as it is when this is your iPad, I fully expect that 99.99% of the iPads scheduled for delivery on Saturday will be delivered on Saturday. We've also heard directly from someone who works "for a certain shipping company" who reports that they will have double the number of drivers out in their particular delivery area on Saturday, due to the increased traffic. I would expect that other areas would see similar increases. Nobody who works for a shipping company wants to have to go back to Apple and explain why they couldn't meet delivery needs. That being said, the same source does not expect exceptions to be made for areas without Saturday delivery, so you may have to wait until Monday for your iPad to be delivered. Don't panic -- we're sure UPS will do everything it can to get your iPad to you on time. If you're not sure about the delivery policy in your area, you may want to contact UPS to verify. Image via UPS.com. Please note, this man is not actually delivering an iPad. If you see him, do not try to wrest it from his hand.
iPad shipments on their way!
We've been tipped by virtually everyone with an email address that their iPad pre-orders have begun shipping from Shenzhen, China using UPS Expedited service. While the iPad isn't set to be released for another 5 days, people shouldn't get their hopes up that they'll received their iPad before the official launch date. In the past Apple has worked with shipping carriers to hold product delivery until a certain date. Of course, accidents happen, and if you do happen to get yours a day or two early, let us know. Just think, 5 days from now the Internet will be flooded with riveting iPad unboxing photos... [Thanks to the sixty thousand readers who sent this in.]
Apple tells UPS to stop overachieving, puts brakes on early iPhone 3G S deliveries
Just because UPS can get you your iPhone 3G S a couple days ahead of its official launch date doesn't mean Apple wants it to. We're getting a bunch of tips rolling in with updated tracking information for shipped 3G S orders folks have placed through the online Apple Store, confirming that Apple has actively coordinated with its shipper to hold on to the packages until "a future delivery date" that isn't specified. We can only assume that'd be the 19th, but our question is this: can you just march down to your local UPS branch and try to pick it up yourself in the meantime? Carriers often require that at least one delivery be attempted before you can waltz in and grab the package, but it might be worth a shot later today.[Thanks to everyone who sent this in]
Ask Engadget HD: Best power and line conditioners for a big home theater?
Alright, this one will separate the serious home theater heads from the rest. While a dedicated mains and UPS may be the way to go for some, a need for clean power distribution should make James' question a consideration for any high end setup: "What do you recommend for power and line conditioners for large home theater systems? Monster units are the only ones I'm familiar with, but i know they're not the most liked company around these parts. Suggestions?" James, we hear you. You need a solution where better cabling might provide actual benefit and don't want to finance next weeks crush-the-little-guy lawsuit, we've all been there. We haven't covered a lot of power conditioners around these parts so why don't you let him know what's providing controlled AC to your system?
Authenticators are going out, via USPS
We had heard that there were problems with the Blizzard Authenticator (a few people who'd ordered them had gotten their money refunded by Blizzard), but apparently there are at least a few going out. Mania got hers -- she says that it works great, that she has already associated it with her accounts, and that she's thrilled with her purchase.Not everybody is so lucky -- reader Tweaky emailed us to say that his order was supposed to go out UPS Next Day Air, but after it didn't show up and he had a tussle with Customer Support, he then found out it was actually going through the USPS and that it would show up late. No word on whether he's seen his yet or not. A few people commented on our last post that they actually had shipping returned to them, so maybe Blizzard originally planned to send some UPS, and then had to switch to a cheaper mailing method.At this point, Blizzard has the keyfob sold out on their website, and there's no indication when we'll see any more (soon, probably). It appears that not only did they vastly underestimate demand for the Authenticator, but that people are seriously concerned about the security of their World of Warcraft account. No other game company has ever offered anything like this before, but given the response, it could soon become a standard.
How to keep raiding when the power goes out
The thing I love most about summer is the thunder storms. Forget the constant days of 90 degree weather making my apartment bake even when the air conditioning is on, it's those storms rolling in with lightening striking a few hundred feet from me that I love. My guild-mates are going to love that too, especially when I'm raiding with them.We've had our first couple weeks of this in game, and already I've heard "Be right back, Tornado," from some guildies living down in Kansas. Luckily everything was okay and no one got hurt, but the fact still remains – we lost our head Mage for 30 minutes, and that's 30 minutes of our life we can't have back!While a Mage having to take a break in the middle of raids isn't a show stopper, having the main tank (my role) go offline is. I've had the unfortunate situation of having that occur a couple days ago. The computer I was raiding on wasn't plugged into my UPS (Uninterruptable Power Supply), so I was disconnected from everything when we lost power for about 30 seconds. However with a bit of tinkering around, I was able to put myself in a situation that lets me stay on even when the power hiccups.
UPS turns to software to cut down on left-hand turns
While it won't have quite the same effect that, say, converting its entire fleet to hybrids or all-electrics would have, UPS is apparently taking some steps to improve the efficiency of the 95,000 trucks it has on the road, including using software to cut down on the number of left-turns its drivers make. As The New York Times reports, in addition to improving the packing and sorting of its cargo, UPS's so-called "package flow" software program also maps out the best possible route for each of its drivers, which UPS says cuts down significantly on the time they would otherwise spend idling while waiting to make a left-hand turn. According to UPS, those improved maps helped it shave some 28.5 million miles off its delivery routes last year, which translates to a 31,000 metric ton cut in CO2 emissions, not to mention a savings of about three million gallons of gas.[Via Slashdot]
APC intros increased-efficiency Back-UPS ES 750
It looks like APC is trying to make its uninterruptible power supplies a little less power-hungry, with its new Back-UPS ES 750 model promising both a boost in efficiency and a savings, however small, on your power bill. Among other things, the ES 750 (which apparently replaces the previous model of the same name) can automatically cut off power to unused peripherals when your computer's in sleep mode, which APC says should save you on average $40 a year on your power bill compared to competing models. Otherwise, you'll get all the features you'd expect in a model of its class, including ten power outlets (five of which have battery backup), and 450 watts of power which, depending on what you have plugged in, can give you up to 70 minutes of run time. Look for this one to set you back an even $100 when its released sometime in January.
How to build your own UPS
Whether your end improvement is a functioning office, or a longer game of Unreal, uninterruptible power supplies are an essential part of keeping your kit up and running. In case you were wondering what goes on inside the little -- or, as the case may be, big -- boxes that sit next to power outlets, icrontic has a how-to for constructing your own UPS. If you're not up to the task of constructing your own, then there's also advice about which type of off-the-shelf UPS is for you. Now all you've got to worry about are other, human based, interruptions.
Widget Watch: Delivery Status 3.6 remembers tracking numbers, gets even easier to use
Mike Piontek can't stop making his phenomenal Delivery Status Dashboard widget cooler. As if features like compatibility with a zillion shipping services and Growl notifications aren't cool enough, a couple of recent updates have brought some handy performance enhancements and compatibility with even more services. First up is support for Purolator, Google Checkout, and FexEd SmartPost. Next is a new drop-down menu on the tracking number entry box that remembers the last 10 numbers you've tracked with each service. Finally, new buttons appear on the widget when you mouse over to both magnify the widget for easier viewing and open a new Delivery Status widget altogether, making it easier to track a second package from the same service (by default) while still allowing you to select any other service in Delivery Status' expanding list. Of course, plenty of bugs have been fixed since the last time we've mentioned this widget, which is still provided as donationware from Piontek's site.Update: Corrected the spelling of Mike's name -- sorry!
Ultra Products' low-end Ultra UPS lineup
Normally we tend to steer clear of covering certain accessories -- namely UPSs -- but today we had to dive in a little, as Ultra Products announced some backup power supplies pretty much anyone can afford. Their Ultra UPS line has the requisite USB port for shutdown routines, but the prices are what's sticky: $50 for 300VA / 150W, $60 for 500VA / 250W, $80 for 700VA / 350W, and $90 for 850VA / 425W. Hard to argue with an electrical insurance policy that cheap, if you ask us.
PS3 bandits busted for $19,000 in "diverted" UPS shipments
While the verdict might be out on an eventual sales winner between the three new-gen consoles, it's hard to argue with one stat: the PS3 is a shoo-in for the coveted "Console Launch Related Crime" award. The latest in crime spree exploits is a trio of UPS employees who were working the night shift around PS3 launch time, and managed to swap shipping labels on $19,000 worth of PS3s -- around 20 systems and 24 SIXAXIS controllers. These three grinches, 25-year-old Sean Weber, 37-year-old Norbert Joseph and 29-year-old Jasel Bolden, working from a New Orleans shipping center, forwarded the PS3s to their day job at Andrews Sport Company Inc., but couldn't escape the long arm of the law. Chalk one more up for justice. Oh, and by the way guys, if you get out of the clink before New Years, would you mind "diverting" a few PS3s our way? We accept Wiis too. You know, in the spirit of giving.[Via Joystiq]
UPS rebel employees steal $19,000 in PS3s
Three UPS employees have been charged with stealing $19,000 worth of PS3s from the Elmwood distribution center in Louisiana. The men, who worked at the UPS plant in the evening, sent 20 PS3s and 24 SIXAXIS controllers to their day jobs at Andrews Sport Company Inc. by switching the stickers on the boxes.Although the story broke today, the crime was originally filed on Dec. 11 and the thefts were finished by Dec. 5. So, if you were expecting a PS3 shipment by UPS between launch and Dec. 5 around New Orleans without it ever arriving, then we've got a pretty good idea who's got it. No word yet what the thieves did with the stolen systems.[Via GayGamer]
Widget Watch: Delivery Status
I am on my Mac for about 80% of my waking day, and I drift to sleep thinking of cool things I could do with my Mac. That means that I purchase many things online. It is convenient and usually cheaper, but you do have to wait for the package to show up. Enter Delivery Status, a very cool widget from Mike Piontek.This widget goes beyond tracking UPS and FedEx shipments, though it'll do that as well. Not only does this Widget track packages via UPS, FedEx, DHL, and the US Post Office, it also tracks your order status from Amazon and the Apple Store.Not too shabby for a free widget.
Wii + UPS = BFF [update 1]
Fearless Joystiq reader Travisty of Justice braved the rain and was on hand in Atlanta today to witness UPS officially deliver the first shipment of Wiis to Best Buy. It's a snoozetastic corporate photo op, but hey ... you're just a few short days away from seeing those in stores. Baby steps.He ventured outside to talk to the folks waiting through drizzle in the PS3 line, but when he asked if they were buying one to keep or to sell on eBay, they gave him the brushoff. Maybe they were afraid this Best Buy would boot them out of line. Release the corporate hounds!Check out the video of the event after the jump. Someone, please start hiring spokespeople with a little razzle-dazzle, okay?[Thanks, Travisty][Update: fixed spelling, d'oh!]
SlimBatteryMonitor goes Universal
MacBook and MacBook Pro users who hate Apple's battery status menu item can rejoice, SlimBatteryMonitor has just reached version 1.4 and is now a Universal app.SlimBatteryMonitor serves the same purpose as Apple's built in battery monitor menubar item but it takes up much less space in the menubar while still offering more options. One of said options is that is can track UPS power usage as well. More info in less space? Sign me up.
