law

Open source and the law: 2007 in review

Few can compete with Mark Radcliffe for the distinction of savviest, canniest open-source legal mind. He advises half the known open-source business landscape and sits at the crossroads of copyright and copyleft. Very, very smart and a great asset to anyone fortunate enough to retain him.

It's therefore highly worthwhile to read through Mark's survey of the top ten open-source legal issues in 2007. Here's one, in particular, that caught my eye:

First Patent Infringement Lawsuit by Patent Trolls against FOSS [free and open source] Vendors. IP Innovation LLC (and Technology Licensing Corporation) filed suit against Red … Read more

Software Freedom Law Center goes after Verizon over GPL

The Software Freedom Law Center on Friday said it has filed a suit against Verizon Communications alleging that it has violated the terms of the General Public License, which governs the use of thousands of free and open-source software products.

The suit is the fourth that the SFLC has filed on behalf of two programmers who wrote BusyBox, a software utility package covered under the GPL. BusyBox is typically embedded in hardware devices that use the Linux open-source operating system.

The move reflects a more aggressive stance that the SFLC, which provides legal counsel to free and open-source developers, has … Read more

Why some cybercriminals get away

A few weeks ago I had the chance to ask Dave Merkel, vice president of products for Mandiant, a digital forensics company, if there was a point where investigators say "well, that's the best we can do." Apparently a lot of cybercrime cases do hit a brick wall. Merkel said it was a one-in-a-hundred or one-in-two-hundred chance that investigators get the kind of resolution that results in someone's arrest.

"The big challenge is--and this is still true today--there is no Internet equivalent to a local cop or local police agency. You work with actual local … Read more

Town bans Net harassment following MySpace hoax

Amid continued outcry over the MySpace.com hoax that preceded a teenager's suicide, the town of Dardenne Prairie, Mo., has passed a law banning online harassment.

Although it's only a misdemeanor with a maximum penalty of 90 days in jail or a $500 fine, the law is specifically targeted at the kind of online attack that Meier faced in the days prior to her death last year.

"It is our hope that by supporting one of our own in Dardenne Prairie, we can do our part to ensure this type of harassing behavior never happens again, anywhere,&… Read more

Linux defenders go after more alleged GPL offenders

The Software Freedom Law Center (SFLC) said it has filed suit against two companies for allegedly violating the General Public License, which covers usage of Linux and thousands of other free and open-source products.

The suits are the second and third time that the nonprofit foundation has filed suit, signaling a willingness to use the court system to enforce the GPL.

The plaintiffs are two programmers--Erik Andersen and Rob Landley--who wrote BusyBox, software covered by the GPL version 2 often used in conjunction with the Linux operating system in embedded devices.

The suit was filed against Xterasys and High-Gain Antennas; … Read more

What does Bonds indictment mean for reporters Fainaru-Wada and Williams?

The news that home run record holder Barry Bonds had been indicted came as a shock to much of the bay area yesterday. For several years, Bonds' legal struggle has made headlines and helped shed a light on the use of performance-enhancing drugs in professional sports, but after such a prolonged saga, it seemed unlikely that the Giants star would go down. His personal trainer Greg Anderson (whom I met while at the Federal Detention Center in Dublin, CA), spent over a year in custody for refusing to cooperate with the grand jury and many believed that Bonds' indictment hinged on the testimony Anderson had refused to provide.

Anderson is out today, but there is no reason that he caved and testified. The grand jury was due to expire next month and its extraordinarily unlikely that he would give up now. Former US Attorney Kevin Ryan confirmed on a radio news program this morning. Anderson's attorney Peter Garagos stated, Law.com, "Frankly I'm aghast. It looks like the government misled me and Greg as well, saying this case couldn't go forward without him."

There are many unanswered questions about why the government brought the indictment when they did, but what's just barely been mentioned is how this turn-of-events will affect Mark Fainaru-Wada and Lance Williams, whose coverage of the story for the San Francisco Chronicle and their book, Game of Shadows, led to the reporters being subpoenaed and later found in contempt for not revealing their anonymous sources.

Read more

A whole new meaning for 'point and shoot'

The next time an officer in blue pulls out a weapon, say cheese. Because attached to the barrel might be a lipstick-sized camera that starts videotaping the moment the pistol is drawn from its holster.

Such gun barrel cameras are part of a high-tech law enforcement agenda designed to help prove who's in the right--and the wrong--during a shootout. Of course, there's no accounting for the occasional "malfunction." Nor would we be surprised if some of those clips mysteriously found their way onto YouTube. That aside, it sure beats Thailand's idea of shaming errant cops … Read more

Apple plays with fire, courts iPhone gift card lawsuits

Apple set the blogosphere on fire Monday when word leaked of the company's latest effort to limit iPhone unlocking. Recent media reports reveal that that the company has instituted a two-device-per-visit limit for iPhone purchases and has banned the use of cash for such transactions. However, the latest news indicates that Apple is now also banning the use of Apple Gift Cards for iPhone sales. Wired News confirmed the rumor on Monday afternoon. A representative from the Burlingame, Calif., Apple store told Wired News that "official" policy is now that gift cards will not be accepted for … Read more

Internet poker players to Congress: We have rights too

WASHINGTON--America's online poker enthusiasts descended on Capitol Hill this week with two messages for Congress: Poker's good for the brain, and stop jeopardizing our games already.

The multiday lobbying visit by members of the Poker Players Alliance, which counts more than 800,000 professional and amateur players on its rolls, arrived about a year after politicians enacted a restrictive anti-Internet gambling law.

The players' goal for the fly-in: to boost support for a couple of bills, which so far enjoy backing from only a handful of politicians, that would roll back a sweeping ban in favor of more … Read more