Archive for the ‘Miscellaneous’ Category

Xbox Live/Games for Windows Live expanding

One of the current limitations on the Xbox Live/Games for Windows Live system is that it only officially supports 26 countries worldwide. Well, that number is growing a little bigger.

According to Edge, the service will add nine more nations to the roster by the holiday season. Those nine countries are : Brazil, Chile, Colombia, Czech Republic, Greece, Hungary, Poland, Russia and South Africa.

As well, live TV streaming and video on demand will be available to Australian users via Xbox Live from Aussie provider FOXTEL with no need for a set-top box.

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Apple officially being investigated by FTC over mobile practices

All your apps are belong to us!

As reported by the Huffington Post, the FTC has decided to go ahead and launch a full scale investigation in to Apple’s business practices in the mobile market. This is an escalation from some probes the Justice Department has previously had in to various business dealings by Apple. In fact, it seems that Justice and the FTC  have been haggling over which agency will head up the investigation.

Apple’s policy of restricting software licensing to certain companies is at the heart of the investigation. Google, for example, has been very vocal in protests that their AdMob advertising service being blocked (and essentially cutting out any Google advertising from the iPhone and iPad platforms) is anti-competition.

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Google, Yahoo and Microsoft breaking European privacy laws

  

According to WP29 (the European Commission’s Article 29 Data Protection Working Party advisory body…I love these short names!), the search engines from Google, Yahoo and Microsoft don’t comply with the EU’s Data Protection Directive.

That directive requires businesses and governments to protect private citizens from having personal information collected, used or disclosed. The issue with regard to Google, Yahoo and Bing are the search data retention policies used by the search engines. The original complaint was made in April of 2008, when it was concluded that search engine data retention does come under the Data Protection Directive, and wasn’t up to par for EU policy. The EU wants data, including user IP addresses and searches, kept no longer than 6 months after their use.

From the EFF :

At the time, Google announced that it would anonymize IP addresses in its server logs after nine months, instead of the previous 18-24 months. Since then, Google has indicated that in practice it deletes the last octet of collected IP addresses. Google retains other information, like cookies, for a period of 18 months. Yahoo announced that it would anonymize user log data, page views, clicks, ad views, and ad clicks within 90 days of collection, with limited exceptions for fraud, security, and legal obligations. Yahoo also announced that it would delete full IP addresses, rather than deleting merely the last octet. And this year, Microsoft announced that it will delete IP addresses associated with search queries six months after their collection, a reduction form the previous practice of retaining that data for 18 months. Microsoft’s announced data retention policy goes further by endorsing "de-identification" (separation of search queries and account information, as well as anonymization of cookie information) as soon as a Bing search query is received. After 18 months, Microsoft then deletes cookie information, and any other cross-session IDs associated with the search query.

In response to those initial changes, WP29 told Yahoo that partial deletion of personal data in search logs doesn’t make for true anonymization of the user. Google were told that deleting only the last octet of an IP address is insufficient in guaranteeing user anonymity. Finally, MS and Google were asked to review their retention policy and bring it in line with the maximum of 6 months the EU desires.

The short version : The EU wants Google, Yahoo and Bing to start getting rid of any and all personal data kept from user searches after a maximum of 6 months. They also want less information kept from the beginning, and that information kept truly secure and anonymous.

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More news on Hurt Locker lawsuits – settlement offers and legal defence options

Hollywood takes the next step against alleged pirates...improvised explosive devices.

The legal process has begun churning forward as the suit against as many as 50,000 alleged downloaders of The Hurt Locker begins moving.

This week, thousands of people received settlement offers from Dunlap Grubb & Weaver, the legal firm working on behalf of Voltage Pictures in bringing this litigation forward. Dunlap Grubb & Weaver is offering to settle out of court with any and all individuals at once for $1,500 apiece, $2,500 if they wait.

With many people confused about what this means or what their rights are, the Electronic Frontier Foundation has offered their help in getting legal aid to those who need it. As well, an Arizona law firm called White Berberian has indicated on their web site that they are interested in defending those accused of file sharing as well. From their site :

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India issues intervention on TRIPS/ACTA at WTO

India has reportedly been speaking out against ACTA in negotiations for some time, and now we can really take a look at what they’re protesting. On the 9th of June, India issued an intervention to the World Trade Organization’s TRIPS (Trade Related Aspects of Intellectual Property Rights) Council with regards to the ACTA agreement. TRIPS is responsible for such things as copyright rights, performance/production rights, patents and trademarks.

The document is available here, but I’ll pick out a few key bits that really focus in on some major issues with ACTA as written now.

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Dutch courts equate talking about piracy to piracy

Land of dikes and wooden shoes

A Dutch court today has ruled that disclosing where someone can find files that infringe on copyright is the same thing as infringing copyright. So in other words, pointing to piracy is equal to piracy.

According to TorrentFreak, this came about because a Dutch movie studio (Eyeworks) applied for an injunction to stop the FTD Usenet community from publicly posting information about movie torrents. Not actual torrents themselves, not direct links, just chatter ABOUT the torrents. Discussion of a movie torrent is now treated as equal to hosting a movie torrent in the Netherlands.

In this particular case, the injunction bars any discussion on FTD about Eyeworks movies, but it obviously sets a precedent for other studios to ask for similar treatment.

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Three tech groups against current draft of ACTA

As reported by The Hill, three major industry tech organizations are publicly stating their opposition to the current draft of the ACTA agreement.

The groups in question are the Consumer Electronics Association, TechAmerica and the Computer & Communications Industry Association. All three groups support enforcement of copyright, but they feel that the current agreement will act against US companies.

One major point of contention is the significant lack of fair use standards that allow limited use of copyrighted material. For example, these sorts of exemptions allow major search engines like Google, Yahoo and Bing to store content in memory to be ‘pulled up’ through web searching.

“We would expect the administration to be as concerned as we are about the existing trend of foreign countries imposing unjustified civil and criminal liability on U.S. technology companies and their executives,” the groups wrote.

The companies left the door open to supporting a narrower version of the trade agreement, “one focused on preventing the proliferation of counterfeited trademarked goods — in particular those that endanger public health or safety.”

But tackling digital copyright, they said, allows the process to become “enmeshed in [...] highly contentious issues.”

This does present a complaint from a different side of the sphere, as most previous calls for change have come from concerned citizens groups or those calling for more transparency in ACTA negotiations. Those negotiations are expected to result in a draft agreement perhaps by the end of 2010.

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Justice Department Apple investigation probe growing?

Bow down to your new God!

 

A government probe in to Apple’s business dealings appears to have expanded, according to the New York Post.

Earlier, reports surfaced of the Justice Department looking in to whether Apple was using it’s leverage in the music retail business to force labels to avoid participating in deals with Amazon’s music sales wing. Now that investigation has expanded to look at Apple recent dealings in iPad/iPhone development.

Specifically being looked in to are the reasons Apple banned Adobe’s Flash from being used in development for the iPad.

"The [Justice Dept.] is doing outreach," said one Hollywood industry source. "You can’t dictate terms to the industry. The Adobe thing is just inviting the wrath of everybody."

Added a senior source at a media company: "If Apple thinks it’s going to increase its monopoly with the iPad, it should look at the history of other walled gardens."

A walled garden is a service or system that puts restrictions on how users can access that service or system.

Many developers have already balked at having to essentially re-program their existing software for it to work on the iPad platform, and the decision to ban Flash has been highly criticized. Also, many have questioned Apple’s need to approve of any and all applications created by outside developers, which is also apparently under investigation.

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FTC suggests 5 percent tax on electronics

 

Why, you ask? As a way of subsidising media outlets, especially newspapers. The electronics in question would cover everything from computer and game consoles to digital cameras, with the resulting sum used to subsidize media outlets. It’s one of many suggestions that is a part of the FTC’s discussions about the Future of Journalism.

Some of the other suggestions :

-Making a journalism section of AmeriCorps, a federal program that gets training and public service work for American youth.

-Increased funding for the Corporation for Public Broadcasting.

-Set up tax credits for news organizations and for all journalists, allowing them to reduce their expenses.

-Provide investigative journalism grants to universities and then let the students at those schools conduct investigative reports for media companies.

-Setting up a broadcast spectrum tax of 7 percent on commercial radio and television broadcasters. Those broadcasters would be relieved of any obligation to devote time to ‘public interest programming’, and the money would be used to fund other media outlets.

Now, the reasons behind this are sound. Newspapers are spending resources on journalists and reporting and investigation only to have aggregator sites like Google and Yahoo take that content and post it up. Those other sites drive the traffic to themselves, and spent nothing to contribute the content. This certainly does present a problem.

However, some of these suggested ideas go well beyond the spectrum of fairly billing those who are using this content and charging consumers who don’t necessarily have anything to do with even reading any of it. That strikes in to territory marked as patently unfair.

The FTC will be holding roundtable discussion on this topic on June 15th, and will be available via webcast.

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New Canadian copyright law incoming…

What is this 'hyperbole' of which you speak?

Actually, it isn’t that bad, albeit with one big exception. It DEFINITELY cleans up some antiquated law to make it somewhat relevant in an age where leeches are no longer considered medicinal. If you would like to read the document in its entirety, knock yourself out.

-Owning and using a DVR would now be recognized as perfectly legal under Canadian law. This comes with a vague and frankly unenforceable caveat, however :

"the individual keeps the recording no longer than is reasonably necessary in order to listen to or view the program at a more convenient time."

-So long as you own the original source material, ripping CD’s and format shifting in general would also be legal. No longer would you be committing a crime against Canadian copyright standards when you transfer music to your mp3 player.

Now, this brings something else up…if format shifting is now legal, why doesn’t there seem to be ANYTHING in here about getting rid of the levy that slaps a surcharge on blank media to cover for ‘lost sales’ as a result of blank media purchases? On the one hand we’re paying for lost sales due to illegal format shifts…and on the other we’re being told that said format shifts are permissible?

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