Cody Taylor

NewYorkCountryLawyer writes “The procedures used by the RIAA the past 5 years in suing ‘John Does’ without their knowing about it have never been subjected to scrutiny by an appeals court, since most of the ‘John Does’ never learn about the ‘ex parte’ proceeding until it’s too late to do anything about it. That is about to change. In Arista Records v. Does 1-16, a case targeting students at the Albany Campus of the State University of New York, the US Court of Appeals for the Second Circuit has decided to put things on hold while it takes a careful look at what transpired in the lower court. The way it came to this is that a few ‘John Does’ filed a broad-based challenge to a number of the RIAA’s procedures, citing the defendant’s constitutional rights, the insufficiency of the complaint, the lack of personal jurisdiction over the defendants, improper misjoinder of the defendants, and the RIAA’s illegal procurement of its ‘evidence’ through the use of an unlicensed investigator, MediaSentry. The lower court judges gave short shrift to ‘John Doe #3,’ but he promptly filed an appeal, and asked for a stay of the subpoena and lower court proceedings during the pendency of the appeal. The RIAA opposed the motion, arguing that John Doe’s appeal had no chance of success. The Appeals Court disagreed and granted the motion, freezing the subpoena and putting the entire case on hold until the appeal is finally determined. As one commentator said, ‘this news has been a long time coming, but is welcomed.'”

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An anonymous reader writes in with an opinion piece from ZDNet Australia. “Here’s what the official press release won’t tell you about Ubuntu 9.04, which formally hit the streets yesterday: its designers have polished the hell out of its user interface since the last release in October. Just like Microsoft has taken the blowtorch to Vista to produce the lightning-quick Windows 7, which so far runs well even on older hardware, Ubuntu has picked up its own game.”

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An anonymous reader sends us to Popular Science for a long article on the loose, uncoordinated bands of patriotic Chinese hackers that seem to be responsible for much of the cyber-trouble emerging from that nation. QUoting: “For years, the U.S. intelligence community worried that China’s government was attacking our cyber-infrastructure. Now one man has discovered it’s more than that: it’s hundreds of thousands of everyday Chinese civilians. … Jack Linchuan Qiu, a communications professor at the Chinese University of Hong Kong [says:] ‘Chinese hackerism is not the American “hacktivism” that wants social change. It’s actually very close to the state. The Chinese distinction between the private and public domains is very small.’ … According to [James Andrew Lewis, a senior fellow at the Center for Strategic and International Studies], ‘The government at a minimum tolerates them. Sometimes it encourages them. And sometimes it tasks them and controls them.’ In the end, he says, ‘it’s easy for the government to turn on and hard to turn off.'”

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Hugh Pickens writes “Can a noncommercial website use the trademark of the entity it critiques in its domain name? Surprisingly, it appears that the usually open-minded folks at Wikipedia think not. The EFF reports that Scott Kildall and Nathaniel Stern have created a noncommercial website at Wikipediaart.org intended to comment on the nature of art and Wikipedia. Since ‘Wikipedia’ is a trademark owned by the Wikimedia Foundation, the Foundation has demanded that the artists give up the domain name peaceably or it will attempt to take it by legal force. ‘Wikipedia should know better. There is no trademark or cybersquatting issue here,’ writes the EFF’s Corynne McSherry. ‘Moreover, even if US trademark laws somehow reached this noncommercial activity, the artists’ use of the mark is an obvious fair use.’ iI is hard to see what Wikipedia gains by litigating this matter but easy to see how they lose.”

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CWmike writes “President Barack Obama is set to receive a high-security BlackBerry 8830 soon, The Washington Times reported today. The device is said to be in the final stages of development at the National Security Agency, which will check that its encryption software meets federal standards. It might not be ready for months. It was reported that Obama will be able to send text and e-mail messages and make phone calls on the device, but only to those with the secure software loaded on their own devices. The list includes First Lady Michelle Obama and top aides. The security software is made by Genesis Key, whose CEO, Steven Garrett, is quoted as saying: ‘We’re going to put his BlackBerry back in his hand.’ The Sectera Edge was pegged in January by analysts as the top device choice because of its reputation for secure data communications when used by other federal workers. And there are many reasons why Obama might have been told ‘no’ on his BlackBerry. But Obama may wish he had chosen a Sectera if BlackBerry has more outage problems like its latest last week, which meant no mobile e-mail for hours across the US.”

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