Law Archive

  • Relax: President Obama will not flip an Internet kill switch

    Relax: President Obama will not flip an Internet kill switch

    Part of me wishes President Obama would flip that so-called “Internet kill switch.” Imagine: a world without the Internet! That would be grand, indeed. But let's not indulge in fantasies: there is no such kill switch. Well, there is, but it's not as if the president is going to say, “I disagree with Nicholas' opinion of anti-virus protection, I'm going to shut down CrunchGear.”

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  • Cellphone radiation law to help, confuse San Francisco consumers

    Cellphone radiation law to help, confuse San Francisco consumers

    Oh San Francisco, you and your progressive ways. The city just passed a law -- a first in the US -- requiring retailers to post the Specific Absorption Rates (aka SAR, the rate at which at which energy is absorbed by the body) in no less than 11-point font right next to any cellphone being sold. Sounds good as far as consumer education goes, right? And a functioning democracy demands an educated and informed elecorate. But here's the thing: the jury's still out (just pick your favorite dangerous / not dangerous study to fit your belief) on the effect of radiation at levels less than the 1.6 watts per kilogram threshold set by the FCC. As such, CTIA spokesman John Walls has a point when he says that highlighting the SAR levels might confuse consumers into thinking that some cellphones are safer than others. In other words, consumer education needs to go much further than any retail-shelf placard could possibly communicate. Well, at least the law will keep us safe long enough to walk out the door and trip over a hippie.

    P.S. The image above is from the "Get a Safer Phone" (note the wording) rankings provided by the Environmental Working Group.

    Cellphone radiation law to help, confuse San Francisco consumers originally appeared on Engadget on Wed, 16 Jun 2010 05:13:00 EST. Please see our terms for use of feeds.

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  • Motorola and RIM settle patent dispute with a good old cross-licensing deal

    Motorola and RIM settle patent dispute with a good old cross-licensing deal

    We always like to hear of companies burying the hatchet (and the lawyers with it, if at all possible), and our latest source of good vibes are two North American phone makers that have been at each other's throats over patents since early 2008. Motorola and RIM had a previous intellectual property-sharing deal that expired at the end of '07 and with the companies unable to come to a suitable extension agreement, it all spiraled out into a big and silly legal discord. That has at long last been settled now, with RIM paying a one-off fee and regular royalties, as well as licensing some of its own patent catalog out to Moto, in exchange for using the Americans' knowhow in WiFi and other areas. All in all, an inevitable conclusion to an unnecessarily legalized negotiation. Now how about both you guys get back to building us those QWERTY sliders and 2GHz Androids?

    Motorola and RIM settle patent dispute with a good old cross-licensing deal originally appeared on Engadget on Mon, 14 Jun 2010 11:47:00 EST. Please see our terms for use of feeds.

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  • Global Verge wins $43 million lawsuit against mystery MVNO Zer01

    Global Verge wins $43 million lawsuit against mystery MVNO Zer01

    Global Verge wins $43 million lawsuit against mystery MVNO Zer01
    When we first heard about Zer01 it was set to launch at a time when other MVNOs were disappearing. (Remember Amp'd Mobile, or Helio?) Zer01 was pledging unlimited voice and data for just $69.99 a month, before most other carriers had their $99 plans, but ultimately never delivered a thing. Apparently Global Verge was similarly left in the dark, but unlike you or I it had invested $170,000 in Zer01 in exchange for selling wireless services as part of its multi-level marketing company. Global Verge had been allowing its "e-associates" (people who pay for the right to hawk Global Verge's wares) to shill for Zer01 wireless, which of course never delivered a single call. There are accusations flying fast and frantic about which of the two companies is the worst offender here, but the District Court in Clark County, Nevada at least believes that it's Zer01 reneging on its promises, awarding $43 million to Global Verge for breach of contract and various other legal wrongdoings. Congrats, GV, and good luck collecting.

    Global Verge wins $43 million lawsuit against mystery MVNO Zer01 originally appeared on Engadget on Wed, 26 May 2010 08:18:00 EST. Please see our terms for use of feeds.

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  • We’re doomed: The U.S. Supreme Court doesn’t know the difference between text messages and pagers

    We’re doomed: The U.S. Supreme Court doesn’t know the difference between text messages and pagers

    So this is either great or dumb, and I'll leave it to you to make up your own mind. The Supreme Court is currently hearing a sexting case, in which police officers have sued their sergeant for reading sexually explicit messages that were supposed to be privately read amongst themselves. The question is, did the sergeant violate the officers' privacy by reading the messages? It got weird when the Chief Justice of the Supreme Court asked what's the difference between a text message and pager.

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  • Should we even bother going after cyber-criminals?

    Should we even bother going after cyber-criminals?

    At what point do you stop trying to track and prosecute cyber-criminals? Obviously, you can't let criminals run around willy-nilly, but when you look at the resources involved in bringing those guys to justice—and are you really nabbing the right guys in the first place?—it's worth at least talking about. Is fighting cyber-crime about as futile as fighting the war on drugs?

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  • Outrage: School accused of using laptop to take photos of student at his home without his knowledge

    Outrage: School accused of using laptop to take photos of student at his home without his knowledge

    It's the start of yet another lazy Saturday, so let's make things a little more interesting with a side dish of outrage. A 15-year-old student in Pennsylvania has accused his high school of spying on him using a school-supplied MacBook. The school had accused the boy “inappropriate behavior” that it found him engaged in via the built-in Webcam. Lawsuits are flying, as you might imagine.

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  • Should mobile phones be subject to warrantless police search?

    Should mobile phones be subject to warrantless police search?

    At what point do you consider something "unreasonable"? Let's say you're pulled over while speeding—do the police have the right to search your mobile phone? And let's say they do, and they find other verboten material on the phone? Should you also be on the hook for that, on top of your speeding ticket? It's a pretty important debate, and it's one that going on right now.

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  • AT&T sued by Washington DC for unused balances on calling cards

    AT&T sued by Washington DC for unused balances on calling cards

    Here's a superficially curious, but fundamentally quite important, bit of legal wrangling for you. Reuters is reporting that the District of Columbia has filed suit against AT&T Corp for the recovery of unused balances on calling cards purchased from the telecom giant. Estimated at somewhere between 5 and 20 percent of the overall value of the cards, the so-called breakage -- leftover credit that customers neglect to use -- has typically remained with the carrier as a sort of predictable bonus. The DC Attorney General, however, is seeking to have breakages treated as unclaimed property, which under district law means that after three years they must be returned to the state. Whichever side of the fence you sit on, the decision on this case will set a significant precedent for the future of such prepaid services.

    AT&T sued by Washington DC for unused balances on calling cards originally appeared on Engadget on Sun, 03 Jan 2010 15:10:00 EST. Please see our terms for use of feeds.

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  • Google files for Nexus One trademark

    Google files for Nexus One trademark

    The mystery of the Nexus One continues to grow ever deeper, but we can pretty much confirm Google's planning to sell something under that name: the search giant filed an intent-to-use trademark application for "Nexus One" on December 10th, and in order to be granted the trademark registration it'll have to use the mark in commerce at some point in the future. Now, don't get too carried away -- sure, that could mean free unlocked GSM Android sets for all, but it could also just mean Google's planning to sell the Nexus One as its next-gen Android Developer Phone. Considering everything we've heard points to the device being limited to T-Mobile 3G, we'd say the developer phone theory is still the most likely, but it's all up in the air until Google provides a sample of the Nexus One mark being used in commerce to the USPTO -- or, better yet, announces something official.

    Update:
    Ruh roh. As we're sure you're aware, the "Nexus" name is a riff on Philip K. Dick's Nexus-6 replicants in Do Androids Dream of Electric Sheep? and ultimately in Blade Runner -- and his estate is none too pleased that Google's using it without permission. According to the New York Times, Dick's daughter -- who is in charge of licensing his work -- was never told of Google's plans, and she's contacted the lawyers now that she's found out. We're guessing Google can still make nice though: she says she would have been open to an agreement had contact been made earlier. So... let's get on that, guys.

    [Thanks, Amit]

    Google files for Nexus One trademark originally appeared on Engadget on Tue, 15 Dec 2009 17:26:00 EST. Please see our terms for use of feeds.

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  • UK T-Mobile customer data sold to cold callers, responsible staff to be prosecuted

    UK T-Mobile customer data sold to cold callers, responsible staff to be prosecuted

    Filed under: ,

    Let's be honest, who here is actually surprised that underpaid and overworked data workers would sell on our details for a few extra quid? Given the number of uninvited calls to our unlisted phone numbers, we know for a fact that somebody has been dishing our personal contacts to those Nigerian princes and caring loan consolidators, so it's no shock to learn that T-Mobile employees have been fingered for committing the deed and are now facing prosecution. We're told that inappropriately leaked information made its way into the hands of brokers, who then "cold-called the customers as their contracts were due to expire" without T-Mob's knowledge. Disappointed by the failure of current fines to discourage such illegal information trade, British Justice Minister Michael Wills has even called for "custodial sentences" to be levied against the poor slobs responsible. So, if you're scoring at home, that's now two black eyes for T-Mobile when it comes to keeping our data safe. For shame.

    UK T-Mobile customer data sold to cold callers, responsible staff to be prosecuted originally appeared on Engadget Mobile on Tue, 17 Nov 2009 18:09:00 EST. Please see our terms for use of feeds.

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  • Samsung pays Qualcomm $1.3 billion to secure wireless licenses

    Samsung pays Qualcomm $1.3 billion to secure wireless licenses

    Filed under: ,

    Samsung and Qualcomm have wrapped up a cross-licensing deal with ten figures of US currency in it, which will permit the Korean giant to continue producing 3G- and 4G-enabled wireless devices for the next 15 years. In exchange, Samsung is letting Qualcomm make use of its own 57 patents on mobile technology and splashing out a further $1.3 billion as a down payment. Further royalty payments are involved, but not detailed, but just as a reference point, that's more than the new Dallas Cowboys stadium and its ultra-huge scoreboard cost to build. The move is a renewal of the two companies' current arrangement and Samsung has boldly claimed the terms of the new contract are more favorable to it, but we get the feeling the champagne will be flowing in San Diego this week.

    [Via MobileTechWorld]

    Samsung pays Qualcomm $1.3 billion to secure wireless licenses originally appeared on Engadget Mobile on Mon, 09 Nov 2009 06:11:00 EST. Please see our terms for use of feeds.

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  • AT&T sues Verizon over ‘there’s a map for that’ ads

    AT&T sues Verizon over ‘there’s a map for that’ ads

    Filed under: ,

    digg_url ='http://digg.com/tech_news/AT_T_sues_Verizon_over_There_s_a_map_for_that_ads'; Whoa -- we just got word that AT&T is suing Verizon for false advertising over Big Red's "There's a map for that" ads. We're reading the complaint and motion to stop the ads right now, but here's what AT&T says is the big problem:
    In essence, we believe the ads mislead consumers into believing that AT&T doesn't offer ANY wireless service in the vast majority of the country. In fact, AT&T's wireless network blankets the US, reaching approximately 296M people. Additionally, our 3G service is available in over 9,600 cities and towns. Verizon's misleading advertising tactics appear to be a response to AT&T's strong leadership in smartphones. We have twice the number of smartphone customers... and we've beaten them two quarters in a row on net post-paid subscribers. We also had lower churn -- a sign that customers are quite happy with the service they receive.
    AT&T also says its network reaches about the same number of people as Verizon's, so we're thinking it's a little miffed that it's being portrayed as an also-ran here. We'll update as we learn more, keep it locked!

    Update: So this seems like a very narrow lawsuit, actually. As we've been told, AT&T thinks Verizon is trying to fool viewers into thinking that they can't use any AT&T phone services outside of 3G coverage areas by showing two essentially different maps. Since Verizon's entire network is 3G, the gaps in the red map are actual service gaps -- but Verizon doesn't show that the gaps on the AT&T map might be covered by AT&T's huge 2G network. We can see how that could be misleading, but at some point you've got to compare apples to apples, and AT&T even says it has "no quarrel with Verizon advertising its larger 3G network" in its complaint, so we'll see how the court reacts.

    Update 2: Interestingly, Verizon's already changed the ads once at AT&T's behest, editing them to remove the phrase "out of touch" and adding a "Voice and data services available outside of 3G areas" small print disclaimer at the end. Apparently that wasn't enough for AT&T, which says the ads still confuse non-technical viewers into thinking AT&T provides no service at all outside of its 3G coverage.

    Update 3: Okay, we've read everything -- there's really not much more to this suit than the arguments over the maps. We're thinking Verizon could have easily dealt with this by just using dark blue and light blue on the AT&T map to differentiate between 3G and 2G coverage, but at this point we don't think Ma Bell is all that interested in anything except getting these ads off the air. All that said, it's hard to deny that Verizon's ads made a perfectly valid point: using an iPhone on AT&T's network in New York or San Francisco is an exercise in frustration, regardless of whether you have 2G or 3G, and we've had zero problems on Verizon. Let's just hope AT&T is working as hard to fight these ads with its actual service as it is with its lawyers.


    Continue reading AT&T sues Verizon over 'there's a map for that' ads

    AT&T sues Verizon over 'there's a map for that' ads originally appeared on Engadget Mobile on Tue, 03 Nov 2009 16:00:00 EST. Please see our terms for use of feeds.

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  • BlackBerrys for coppers: UK law enforcement to smarten up in 2010

    BlackBerrys for coppers: UK law enforcement to smarten up in 2010

    Filed under: ,

    Police men and women of Blighty are about to step into the 21st century, albeit a decade late, with a new weapon in the fight against boredom on the beat. The BBC reports that smartphones will become standard issue throughout the Queen's realm by March 2010, as a result of successful trials carried out in 30 constabularies through this year. Improved "operational efficiency" and reduced bureaucracy are argued as the key benefits, with a solid 30 minutes less time being spent in police stations each day. And we're absolutely positive that extra half hour will go toward increased "visibility in the community" and not checking out friends' Facebook status updates. No, really!

    Read -- BBC report
    Read -- Bedfordshire case study

    BlackBerrys for coppers: UK law enforcement to smarten up in 2010 originally appeared on Engadget Mobile on Fri, 16 Oct 2009 09:01:00 EST. Please see our terms for use of feeds.

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  • Judge: RealDVD is totally illegal as per the DMCA

    Judge: RealDVD is totally illegal as per the DMCA

    Yesterday, August 11, wasn't just Joe Rogan's birthday. Nope, it was also the date when a judge in San Francisco ruled that RealDVD was illegal, and reiterated that it was illegal to manufacture or traffic software that makes it possible to copy DVDs. So, every time you fire up DVD Copier on your PC, make a copy of a DVD that you bought, well, you're breaking the law. The DMCA just keeps on giving, doesn't it?

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