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John Lemke

FCC to buy out TV broadcasters to free up mobile spectrum | Ars Technica - 0 views

    • John Lemke
       
      I had my first issue at step one, "asks broadcasters to tell the FCC how much it wold take for the agency to buy them out".  They claim that this is a way to keep cost down by hopefully grabbing the least popular via low bids.   I see two issues immediately.  Number one by asking them what they want they are going to immediately INCREASE the bids.  Two, if you are asking me what I want for my business to change how it broadcasts why would I not include any expense to make the switch. By asking them what they think a fair bid would be, they are, more or less, giving them a blank check.
  • the commission will put the newly-freed blocks of spectrum up for auction. If, as expected, the spectrum is more valuable when used for mobile services than broadcast television, then the FCC should reap significantly more from these traditional auctions than it had to pay for the spectrum in the original reverse auctions, producing a tidy profit for taxpayers.
    • John Lemke
       
      The objective at an auction is to purchase the object at the lowest possible cost.  How much mobile providers are willing to pay will determine how high bids will climb.  Based on how our current mobile providers already provide poor service when compared to the rest of the world, how much is that bandwidth actually worth to these companies that, more or less, have a lobbied stranglehold on the consumer?
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  • Bergmayer also praised an FCC proposal to update its "spectrum screen," a set of rules that prevent any single provider from gaining too large a share of the spectrum available in a particular market. The current scheme, he said, "treats all spectrum alike, even though some spectrum bands are better-suited to mobile broadband than others." As a result, he argued, it has become ineffective at preventing Verizon and AT&T from gaining enough spectrum to threaten competition. He urged the FCC to revise the rules to ensure the new auctions don't further entrench the dominance of the largest incumbents.
    • John Lemke
       
      It is the stuff like this that worries me, on one hand they want a high bid, and on the other it is going to be regulated.
  • Over the last decade, it has become increasingly obvious that America's spectrum resources are mis-allocated. The proliferation of cell phones, and more recently smartphones and tablets, has given mobile providers a voracious appetite for new spectrum. But a big chunk of the available spectrum is currently occupied by broadcast television stations. With more and more households subscribed to cable, satellite, and Internet video services, traditional broadcast television is looking like an increasingly outmoded use of the scarce and valuable airwaves.
  • incumbent broadcasters have controlled their channels for so long that they've come to be regarded as de facto property rights. And needless to say, the politically powerful broadcasters have fiercely resisted any efforts to force them to relinquish their spectrum.
  • incentive auctions
  • The plan has three phases. In the first phase, the FCC will conduct a reverse auction in which it asks broadcasters to tell the FCC how much it would take for the agency to buy them out. Presumably, the least popular (and, therefore, least profitable) channels will submit the lowest bids. By accepting these low bids, the FCC can free up the maximum possible spectrum at the minimum cost
John Lemke

How Covert Agents Infiltrate the Internet to Manipulate, Deceive, and Destroy Reputatio... - 0 views

  • “The Art of Deception: Training for Online Covert Operations.”
  • Among the core self-identified purposes of JTRIG are two tactics: (1) to inject all sorts of false material onto the internet in order to destroy the reputation of its targets; and (2) to use social sciences and other techniques to manipulate online discourse and activism to generate outcomes it considers desirable. To see how extremist these programs are, just consider the tactics they boast of using to achieve those ends: “false flag operations” (posting material to the internet and falsely attributing it to someone else), fake victim blog posts (pretending to be a victim of the individual whose reputation they want to destroy), and posting “negative information” on various forums. 
  • Critically, the “targets” for this deceit and reputation-destruction extend far beyond the customary roster of normal spycraft: hostile nations and their leaders, military agencies, and intelligence services. In fact, the discussion of many of these techniques occurs in the context of using them in lieu of “traditional law enforcement” against people suspected (but not charged or convicted) of ordinary crimes or, more broadly still, “hacktivism”, meaning those who use online protest activity for political ends. The title page of one of these documents reflects the agency’s own awareness that it is “pushing the boundaries” by using “cyber offensive” techniques against people who have nothing to do with terrorism or national security threats, and indeed, centrally involves law enforcement agents who investigate ordinary crimes:
    • John Lemke
       
      Wow, how is not changing pictures and creating false victims not identity theft and conspiracy?  
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  • it is not difficult to see how dangerous it is to have secret government agencies being able to target any individuals they want – who have never been charged with, let alone convicted of, any crimes – with these sorts of online, deception-based tactics of reputation destruction and disruption.
    • John Lemke
       
      Not only are you now guilty until proven innocent but, if you are guilty enough, we shall create a situation so that you are.
  • Government plans to monitor and influence internet communications, and covertly infiltrate online communities in order to sow dissension and disseminate false information, have long been the source of speculation. Harvard Law Professor Cass Sunstein, a close Obama adviser and the White House’s former head of the Office of Information and Regulatory Affairs, wrote a controversial paper in 2008 proposing that the US government employ teams of covert agents and pseudo-”independent” advocates to “cognitively infiltrate” online groups and websites, as well as other activist groups. Sunstein also proposed sending covert agents into “chat rooms, online social networks, or even real-space groups” which spread what he views as false and damaging “conspiracy theories” about the government. Ironically, the very same Sunstein was recently named by Obama to serve as a member of the NSA review panel created by the White House, one that – while disputing key NSA claims – proceeded to propose many cosmetic reforms to the agency’s powers (most of which were ignored by the President who appointed them).
    • John Lemke
       
      So one of the guys who advocates this and approves of it, gets to be on the NSA review committee?  Isn't that like Ted Kennedy on the Ethics Review Committee or the Warren Commission?
  • Whatever else is true, no government should be able to engage in these tactics: what justification is there for having government agencies target people – who have been charged with no crime – for reputation-destruction, infiltrate online political communities, and develop techniques for manipulating online discourse? But to allow those actions with no public knowledge or accountability is particularly unjustifiable.
John Lemke

The NSA Uses Powerful Toolbox in Effort to Spy on Global Networks - SPIEGEL ONLINE - 0 views

  • According to internal NSA documents viewed by SPIEGEL, these on-call digital plumbers are involved in many sensitive operations conducted by American intelligence agencies. TAO's area of operations ranges from counterterrorism to cyber attacks to traditional espionage. The documents reveal just how diversified the tools at TAO's disposal have become -- and also how it exploits the technical weaknesses of the IT industry, from Microsoft to Cisco and Huawei, to carry out its discreet and efficient attacks. The unit is "akin to the wunderkind of the US intelligence community," says Matthew Aid, a historian who specializes in the history of the NSA. "Getting the ungettable" is the NSA's own description of its duties. "It is not about the quantity produced but the quality of intelligence that is important," one former TAO chief wrote, describing her work in a document. The paper seen by SPIEGEL quotes the former unit head stating that TAO has contributed "some of the most significant intelligence our country has ever seen." The unit, it goes on, has "access to our very hardest targets."
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    Page One of a good three page read on just how extensive the government's illegal spying operations actually are... the worst part is it is just how extensive the portions of it we know about are!
John Lemke

RapidGator Wiped From Google by False DMCA Notices | TorrentFreak - 0 views

  • File-hosting service RapidGator has had nearly all of its search results wiped from Google, including many clearly non-infringing pages. The URLs in question were removed by the search engine after a DMCA notice from several copyright holders. RapidGator is outraged and says the overbroad censorship is hurting its business, warning that the same could happen to others. “If it happens to us, it can happen to MediaFire or Dropbox tomorrow,” they state.
  • Thus far this has resulted in more than 200 million URLs being removed from Google’s search engine. While many of these takedown claims are legit, some are clearly false, censoring perfectly legitimate webpages from search results. File-hosting service RapidGator.net is one site that has fallen victim to such overbroad takedown requests. The file-hosting service has had nearly all its URLs de-listed, including its homepage, making the site hard to find through Google. Several other clearly non-infringing pages, including the FAQ, the news section, and even the copyright infringement policy, have also been wiped from Google by various takedown requests.
  • “Our robots.txt forbids search engines bots to index any file/* folder/ URLs. We only allow them to crawl our main page and the pages we have in a footer of the website. So most of the URLs for which Google gets DMCA notices are not listed in index by default,” RapidGator’s Dennis explains.
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    Quoting the article: "File-hosting service RapidGator has had nearly all of its search results wiped from Google, including many clearly non-infringing pages. The URLs in question were removed by the search engine after a DMCA notice from several copyright holders. RapidGator is outraged and says the overbroad censorship is hurting its business, warning that the same could happen to others. "If it happens to us, it can happen to MediaFire or Dropbox tomorrow," they state." This is, sooner or later, going to have to be addressed... It totally works against the concept of the cloud. I can not believe that more people are using the cloud for illegal uses than legit.
John Lemke

'You could be liable for $150k in penalties-settle instead for $20 per song' | Ars Tech... - 0 views

  • It works like this: users accused by Rightscorp are found via IP addresses appearing in BitTorrent download swarms. If ISPs agree to forward Rightscorp's notices—and an increasing number of them are doing so—the users get notices that they could be liable for $150,000 in damages. Unless, that is, they click on a provided link and agree to settle their case at a low, low price. Typically, it's $20 per song infringed.
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    They are calling it RIAA-light
John Lemke

DDoS attacks on major US banks are no Stuxnet-here's why | Ars Technica - 0 views

  • More unusually, the attacks also employed a rapidly changing array of methods to maximize the effects of this torrent of data. The uncommon ability of the attackers to simultaneously saturate routers, bank servers, and the applications they run—and to then recalibrate their attack traffic depending on the results achieved—had the effect of temporarily overwhelming the targets."This very well could be a kid sitting in his mom's basement in Ohio launching these attacks." "It used to be DDoS attackers would try one method and they were kind of one-trick ponies," Matthew Prince, CEO and founder of CloudFlare, told Ars. "What these attacks appear to have shown is there are some attackers that have a full suite of DDoS methods, and they're trying all kinds of different things and continually shifting until they find something that works. It's still cavemen using clubs, but they have a whole toolbox full of different clubs they can use depending on what the situation calls for."
John Lemke

Why The Copyright Industry Is Doomed, In One Single Sentence | TorrentFreak - 0 views

  • In order to prevent copyright monopoly violations from happening in such channels, the only means possible is to wiretap all private digital communications to discover when copyrighted works are being communicated. As a side effect, you would eliminate private communications as a concept. There is no way to sort communications into legal and illegal without breaching the postal secret – the activity of sorting requires observation.
  • Therefore, as a society, we are at a crossroads where we can make a choice between privacy and the ability to communicate in private, with all the other things that depend on that ability (like whistleblower protections and freedom of the press), or a distribution monopoly for a particular entertainment industry. These two have become mutually exclusive and cannot coexist, which is also why you see the copyright industry lobbying so hard for more surveillance, wiretapping, tracking, and data retention (they understand this perfectly).
  • Any digital, private communications channel can be used for private protected correspondence, or to transfer works that are under copyright monopoly. In order to prevent copyright monopoly violations from happening in such channels, the only means possible is to wiretap all private digital communications to discover when copyrighted works are being communicated. As a side effect, you would eliminate private communications as a concept. There is no way to sort communications into legal and illegal without breaching the postal secret – the activity of sorting requires observation.
John Lemke

Rep. Goodlatte Slips Secret Change Into Phone Unlocking Bill That Opens The DMCA Up For... - 0 views

  • Because of section 1201 of the DMCA, the "anti-circumvention" provision, companies have been abusing copyright law to block all sorts of actions that are totally unrelated to copyright. That's because 1201 makes it illegal to circumvent basically any "technological protection measures." The intent of the copyright maximalists was to use this section to stop people from breaking DRM. However, other companies soon distorted the language to argue that it could be used to block certain actions totally unrelated to copyright law -- such as unlocking garage doors, ink jet cartridges, gaming accessories... and phones
  • Separately, every three years, the Librarian of Congress gets to announce "exemptions" to section 1201 where it feels that things are being locked up that shouldn't be. Back in 2006, one of these exemptions involved mobile phone unlocking.
  • Every three years this exemption was modified a bit, but in 2012, for unexplained reasons, the Librarian of Congress dropped that exemption entirely, meaning that starting in late January of 2013, it was possible to interpret the DMCA to mean that phone unlocking was illegal. In response to this there was a major White House petition -- which got over 100,000 signatures, leading the White House to announce (just weeks later) that it thought unlocking should be legal -- though, oddly, it seemed to place the issue with the FCC to fix, rather than recognizing the problem was with current copyright law.
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  • While this gives Goodlatte and other maximalists some sort of plausible deniability that this bill is making no statement one way or the other on bulk unlocking, it certainly very strongly implies that Congress believes bulk unlocking is, in fact, still illegal. And that's massively problematic on any number of levels, in part suggesting that the unlocker's motives in unlocking has an impact on the determination under Section 1201 as to whether or not it's legal. And that's an entirely subjective distinction when a bill seems to assume motives, which makes an already problematic Section 1201 much more problematic. Without that clause, this seemed like a bill that was making it clear that you can't use the DMCA to interfere with an issue that is clearly unrelated to copyright, such as phone unlocking. But with this clause, it suggests that perhaps the DMCA's anti-circumvention clause can be used for entirely non-copyright issues if someone doesn't like the "motive" behind the unlocker.
  • Unfortunately, the bill was deemed so uncontroversial that it's been listed on the suspension calendar of the House, which is where non-controversial bills are put to ensure quick passage. That means that, not only did Goodlatte slip in a significant change to this bill that impacts the entire meaning and intent of the bill long after it went through the committee process (and without informing anyone about it), but he also got it put on the list of non-controversial bills to try to have it slip through without anyone even noticing.
John Lemke

Iron Maiden makes millions of dollars by playing live for pirates | The Verge - 0 views

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    The only thing the article got wrong is that they are not "pirates"... they are fans.
John Lemke

NSA reportedly intercepting laptops purchased online to install spy malware | The Verge - 0 views

  • According to a new report from Der Spiegel based on internal NSA documents, the signals intelligence agency's elite hacking unit (TAO) is able to conduct sophisticated wiretaps in ways that make Hollywood fantasy look more like reality. The report indicates that the NSA, in collaboration with the CIA and FBI, routinely and secretly intercepts shipping deliveries for laptops or other computer accessories in order to implant bugs before they reach their destinations. According to Der Spiegel, the NSA's TAO group is able to divert shipping deliveries to its own "secret workshops" in a method called interdiction, where agents load malware onto the electronics or install malicious hardware that can give US intelligence agencies remote access. While the report does not indicate the scope of the program, or who the NSA is targeting with such wiretaps, it's a unique look at the agency's collaborative efforts with the broader intelligence community to gain hard access to communications equipment. One of the products the NSA appears to use to compromise target electronics is codenamed COTTONMOUTH, and has been available since 2009; it's a USB "hardware implant" that secretly provides the NSA with remote access to the compromised machine.
  • The Der Spiegel report, which gives a broad look at TAO operations, also highlights the NSA's cooperation with other intelligence agencies to conduct Hollywood-style raids. Unlike most of the NSA's operations which allow for remote access to targets, Der Spiegel notes that the TAO's programs often require physical access to targets. To gain physical access, the NSA reportedly works with the CIA and FBI on sensitive missions that sometimes include flying NSA agents on FBI jets to plant wiretaps. "This gets them to their destination at the right time and can help them to disappear again undetected after even as little as a half hour's work," the report notes.
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    While the scope or the targets are reportedly not known, the article also does not mention anything about a search warrant. This is what happens when the government feels they are above the law.
John Lemke

The White House Big Data Report: The Good, The Bad, and The Missing | Electronic Fronti... - 0 views

  • the report recognized that email privacy is critical
  • one issue was left conspicuously unaddressed in the report. The Securities and Exchange Commission, the civil agency in charge of protecting investors and ensuring orderly markets, has been advocating for a special exception to the warrant requirement. No agency can or should have a get-out-of-jail-free card for bypassing the Fourth Amendment.
  • the algorithm is only as fair as the data fed into it.
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  • the danger of discrimination remains due to the very digital nature of big data
  • especially the elderly, minorities, and the poor
  • an example of this in Boston, which had a pilot program to allow residents to report potholes through a mobile app but soon recognized that the program was inherently flawed because “wealthy people were far more likely to own smart phones and to use the Street Bump app. Where they drove, potholes were found; where they didn’t travel, potholes went unnoted.”
  • The authors of the report agree, recommending that the Privacy Act be extended to all people, not just US persons.
  • metadata (the details associated with your communications, content, or actions, like who you called, or what a file you uploaded file is named, or where you were when you visited a particular website) can expose just as much information about you as the “regular” data it is associated with, so it deserves the same sort of privacy protections as “regular” data.
    • John Lemke
       
      What is Metadate... then discuss
  • The report merely recommended that the government look into the issue.
    • John Lemke
       
      Did the report give a strong enough recommendation? "looking into" and doing are much different
  • several other government reports have taken a much stronger stance and explicitly stated that metadata deserves the same level of privacy protections as “regular” data.
  • We think the report should have followed the lead of the PCAST report and acknowledged that the distinction between data and metadata is an artificial one, and recommended the appropriate reforms.
    • John Lemke
       
      I very strongly agree.  The report failed in this area.
  • the White House suggested advancing the Consumer Privacy Bill of Rights, which includes the idea that “consumers have a right to exercise control over what personal data companies collect from them and how they use it,” as well as “a right to access and correct personal data.”
  • Consumers have a right to know when their data is exposed, whether through corporate misconduct, malicious hackers, or under other circumstances. Recognizing this important consumer safeguard, the report recommends that Congress “should pass legislation that provides a single national data breach standard along the lines of the Administration's May 2011 Cybersecurity legislative proposal.”
  • While at first blush this may seem like a powerful consumer protection, we don’t think that proposal is as strong as existing California law. The proposed federal data breach notification scheme would preempt state notification laws, removing the strong California standard and replacing it with a weaker standard.
    • John Lemke
       
      In other words, it failed at what can be done and it would actually lower standards when compared to what California has in place currently.
  • We were particularly disconcerted
  • the Fort Hood shooting by Major Nidal Hasan
    • John Lemke
       
      WTF? how did he get in this group?
  • two big concerns
  • First, whistleblowers are simply not comparable to an Army officer who massacres his fellow soldiers
  • Secondly, the real big-data issue at play here is overclassification of enormous quantities of data.
  • Over 1.4 million people hold top-secret security clearances. In 2012, the government classified 95 million documents. And by some estimates, the government controls more classified information than there is in the entire Library of Congress.
    • John Lemke
       
      Don't leave this stat out.  More classified documents than LOC documents.  WTF? A "democracy" with more secret documents than public?
  • The report argues that in today’s connected world it’s impossible for consumers to keep up with all the data streams they generate (intentionally or not), so the existing “notice and consent” framework (in which companies must notify and get a user’s consent before collecting data) is obsolete. Instead, they suggest that more attention should be paid to how data is used, rather than how it is collected.
    • John Lemke
       
      This is the most troubling part perhaps,  isn't the collection without consent where the breech of privacy begins?
    • John Lemke
       
      "notice and consent"
  • An unfortunate premise of this argument is that automatic collection of data is a given
  • While we agree that putting more emphasis on responsible use of big data is important, doing so should not completely replace the notice and consent framework.
  • Despite being a fairly thorough analysis of the privacy implications of big data, there is one topic that it glaringly omits: the NSA’s use of big data to spy on innocent Americans.
    • John Lemke
       
      If we ignore it, it will go away?  Did they not just mostly ignore it and accept it as a given for corporations and completely ignore it regarding the government? Pretty gangster move isn't it?
  • Even though the review that led to this report was announced during President Obama’s speech on NSA reform, and even though respondents to the White House’s Big Data Survey “were most wary of how intelligence and law enforcement agencies are collecting and using data about them,” the report itself is surprisingly silent on the issue.2 This is especially confusing given how much the report talks about the need for more transparency in the private sector when it comes to big data. Given that this same logic could well be applied to intelligence big data programs, we don’t understand why the report did not address this vital issue.
John Lemke

This Internet of Things radio is the size of an ant | Ars Technica - 0 views

  • The radios are fitted onto tiny silicon chips, and cost only pennies to make thanks to their diminutive size. They are designed to compute, execute, and relay demands, and they are very energy efficient to the point of being self-sufficient. This is due to the fact that they can harvest power from the incoming electromagnetic signal so they do not require batteries, meaning there is no particular lifetime associated with the devices.
John Lemke

CRIA Watches Massive Music Piracy Crisis Devastate Unknown Band | TorrentFreak - 0 views

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    "The Canadian Recording Industry Association (CRIA) states that, to achieve Platinum status, an album must achieve sales of 100,000 copies/downloads of an album. Sales…that's the key. A random polling of several torrent site's downloads-ILLEGAL downloads-has shown that 1ST, the debut cd by ONE SOUL THRUST has been downloaded over 100,000 times," he wrote. Now, 100,000 downloads is a lot, especially for a band like One Soul Thrust who have just 176 Twitter followers and a single short, non-musical video on their YouTube channel which at the time of writing has 79 views. Incidentally, the video is quite nice, since they have actually taken the time out to thank a radio station for playing one of their songs. However, the band are less pleased that people are apparently sampling their music using newer methods, i.e BitTorrent. "We paid to create that album totally out of our own pockets. People think of illegal downloading not hurting anyone, but we're real people too- with real mortgages, real family to feed and real bills to pay," said lead-vocalist Salem Jones. "By downloading our album from pirate sites, people have stolen from us, our families, everyone involved in the production of our album, and their families."
John Lemke

Better Identification of Viking Corpses Reveals: Half of the Warriors Were Female | Tor... - 0 views

  • By studying osteological signs of gender within the bones themselves, researchers discovered that approximately half of the remains were actually female warriors, given a proper burial with their weapons.
  • I'm a historian who studies burial in the early middle ages, and the burial of women with weapons is one of my specialties! I'm in the process of publishing research about a woman buried with a spear in the 6th century, and am excited to see this important topic being discussed here outside the ivory tower at Tor.com.
  • The key thing to note is the word 'settlers': the article is arguing that women migrated from Scandinavia to England with the invading Viking army in the 9th century. Several of these women, the article notes, were buried with weapons, but they are still far outnumbered by the armed men. Most of the women settlers mentioned in the study were buried with 'traditional' female outfits: brooches that held up their aprons.
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  • Archaeologists have been using bones to identify the biological sex of skeletons for the past century, but when burials were found which didn't fit their notions of 'normal,' they tended to assume that the bone analysts had made a mistake. This is not entirely unreasonable, because bones are often so badly decomposed that it is impossible to tell the sex of the person. But I can point to cases where the bones clearly belong to a woman, and the archaeologists insisted that it had to be a man because only men were warriors. That's modern sexism plain and simple, and bad archaeology. But thankfully, archaeologists in recent decades have become aware of this problem, and as a result, more and more women are showing up with weapons!
  • But women with weapons are still a minority, usually fewer than 10% at any given cemetery.
  • First, we're just talking about graves (because that's what survives for archaeologists to dig up). Just because a woman is buried in an apron, does not mean she wasn't a warrior before she died. There was no rule (as far as we know) that warriors had to be buried with their weapons.
  • Second, we can't be sure that everyone buried with a weapon was a warrior. We find infants buried with weapons sometimes; they clearly weren't fighters (though perhaps they would have been had they grown up?). Weapons were powerful ritual objects with lots of magic and social power, and a woman might be buried with one for a reason other than fighting, such as her connection to the ruling family, ownership of land, or role as priestess or magical healer.
John Lemke

A small-town theater campaign's larger projections - latimes.com - 0 views

  • They ran models of Nelson's subscription-based theater idea, showing that to break even they would need 3,000 people, or 15% of the mountain communities, to sign up. For $19.95 per month, a member would be able to see each movie one time and buy individual tickets for friends. Non-members could buy a $16 day pass.
  • While researching the theater business, Nelson learned that studios are transitioning to digital distribution. Thousands of independent theaters that couldn't afford equipment upgrades have closed over the last 10 years, according to industry experts. Hundreds of others — which, like the Met, still show print films — remain on the brink. The subscription business model could pay for the new equipment.
  • The tricky part of the membership-model calculation is that box-office totals are based on ticket sales, and distribution deals for a movie include a percentage of each ticket sold. But Met members would scan magnetic cards to record attendance totals for each film. In the end, the success of the venture may come down to whether major studios are willing to negotiate contracts without traditional tickets being sold. But first, success depends on signing up members.
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    "They ran models of Nelson's subscription-based theater idea, showing that to break even they would need 3,000 people, or 15% of the mountain communities, to sign up. For $19.95 per month, a member would be able to see each movie one time and buy individual tickets for friends. Non-members could buy a $16 day pass."
John Lemke

Court: Fining Jammie Thomas $9,250 Per Song Infringed Motivates Creative Activity | Tec... - 0 views

  • This is hardly a surprise, but similar to the Joel Tenenbaum case, Jammie Thomas-Rasset (the other person sued for copyright infringement for using a file sharing system), has lost again. The appeals court (8th Circuit) has ruled that $9,250 per song infringed is perfectly reasonable and that the judge in the case, Michael Davis, erred in calling for a new trial after the initial jury verdict (the first of three). There were a number of procedural issues here, and it's worth pointing out that Thomas-Rasset herself more or less asked the court to bring back this first verdict and focus on the Constitutionality of the damages amount. So, the whole mess with the three separate district court trials sort of gets swept under the rug. However, the court simply isn't buying Thomas-Rasset's claim that the statutory damages are unconstitutionally punitive and a violation of due process. Basically, it says that the fact that statutory damages are completely out of whack with actual damages doesn't matter, because the point of statutory damages is that they're disconnected from actual damages on purpose (because, in theory, they're put in place because actual damages are difficult to assess).
John Lemke

So What Can The Music Industry Do Now? | Techdirt - 0 views

  • The past was, and the future is going to be, much more about performance. In this new world, recordings often function as more as ads for concerts than as money-makers themselves. (And sometimes are bundled with concert tickets, as Madonna's latest album was.) As a result, copying looks a lot less fearsome. A copied ad is just as effective--and maybe much more so--than the original.
  • Just ask pop singer Colbie Caillat. Caillet's music career began in 2005 when a friend posted several of her home-recorded songs to MySpace. One song, Bubbly, began to get word of mouth among MySpace users, and within a couple of months went viral. Soon Colbie Caillat was the No. 1 unsigned artist on MySpace. Two years after posting Bubbly, Caillet had more than 200,000 MySpace friends, and her songs had been played more than 22 million times. Caillet had built a global fan base while never leaving her Malibu home. In 2007, Universal Records released her debut album, Coco, which peaked at No. 5 on the Billboard charts and reached platinum status.
  • The problem of piracy in music is, of course, very different from the problem in comedy. Stand-up comics worry most about a rival, not a fan, copying their jokes. Still, the reduction of consumer copying of music via norms may be possible, and will become more imaginable if the music industry experiences ever-greater fragmentation and communication. There is already an interesting example of norms playing a substantial role in controlling copying in music. In the culture of jambands, we see the fans themselves taking action to deter pirates. What are jambands? In a fascinating 2006 paper, legal scholar Mark Schultz studied the unique culture of a group of bands that belong to a musical genre, pioneered by the Grateful Dead, characterized by long-form improvisation, extensive touring, recreational drug use, and dedicated fans. Although acts like Phish, Blues Traveler, and the Dave Mathews Band vary in their styles, they are all recognizably inspired by the progenitors of jam music, the Dead. But the Dead's influence is not only musical. Most jambands adhere to a particular relationship with their fans that also was forged by the Dead.
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  • it turns out that by killing the single, the record labels made the Internet piracy problem, when it arrived, even worse. One of the major attractions of filesharing was that it brought back singles. Consumers wanted the one or two songs on the album that they liked, and not the ten they didn't.
John Lemke

Personal file-sharing is legal in Portugal, prosecutor says | Ars Technica - 0 views

  • Portugese prosecutors have declined to press charges against individuals accused of file sharing
  • “From a legal point of view, while taking into account that users are both uploaders and downloaders in these file-sharing networks, we see this conduct as lawful, even when it’s considered that the users continue to share once the download is finished.” The prosecutor adds that the right to education, culture, and freedom of expression on the Internet should not be restricted in cases where the copyright infringements are clearly non-commercial. In addition, the order notes that an IP-address is not a person.
John Lemke

US banks hit by more than a week of cyberattacks (Update) - 0 views

    • John Lemke
       
      They believe it was not a hacktivist attack because they are usually also associated with a rise in IRC and social network activity, those who would be joining the hacktivist event, and this even had no such spike.
  • Could a state actor be at play? U.S. Senator Joe Lieberman, without offering any proof, said he believed the assaults were carried out by Iran in retaliation for tightened economic sanctions imposed by the United States and its allies.
  • only a handful of groups out there that have the technical ability or incentive
  • ...3 more annotations...
  • at least half a dozen banks—including the Bank of America, JPMorgan Chase, and Citigroup—have witnessed traffic surges and disruptions. Not all have confirmed they were the victims of an online onslaught, but such surges are a hallmark of denial-of-service attacks, which work by drowning target websites with streams of junk data.
  • Such attacks are fairly common and generally don't compromise sensitive data or do any lasting damage. Still, they can be a huge headache for companies that rely on their websites to interact with customers.
  • Most say the recent spate of attacks has been unusually powerful. PNC bank, which was hit on Thursday, has never seen such a strong surge in traffic, spokesman Fred Solomon said in a telephone interview. Smith said he estimated the flow of data at 60 to 65 gigabits per second.
John Lemke

'Smartware' clothing could signal impending epileptic seizures - 0 views

  • They are currently working on 'smartware', fabrics that treat chronic wounds that result from diabetes and leg ulcers. Their 'senseware' technology, which is motion sensors found inside textiles, can give medical professionals the tools they need to detect the onset of epileptic seizures. The centre's 'bioware' technology is embedded materials and surfaces found in the home and on the body.
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    "They are currently working on 'smartware', fabrics that treat chronic wounds that result from diabetes and leg ulcers. Their 'senseware' technology, which is motion sensors found inside textiles, can give medical professionals the tools they need to detect the onset of epileptic seizures. The centre's 'bioware' technology is embedded materials and surfaces found in the home and on the body."
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