Friday, April 29, 2005
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New credit card security rules for e-tailers
Internet retailers will have to improve their security and data handling processes in order to comply with new requirements published by the credit card industry. The new rules, from Visa and MasterCard, take effect on 30th June.
Software firm settles GPL violation lawsuit
The UK subsidiary of security software firm Fortinet has settled an action brought against it because it was allegedly not complying with the terms of the General Public Licence (GPL), which underpins the distribution of most open source software.
Microsoft's Metro takes on Adobe
To the list of companies who overnight find themselves competing with Microsoft, you can add one more name: Adobe. Microsoft Longhorn operating system will now include a graphics feature called Metro that allows documents to be displayed and created across platforms.
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Thursday, April 28, 2005
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Spitzer sues Internet marketer over 'spyware'
New York Attorney General Eliot Spitzer on Thursday sued a major Internet marketer, claiming the company installed “spyware” and “adware” that secretly install nuisance pop-up advertising on screens which can slow and crash personal computers.
Spiders Can Enter Contracts Too!
It wouldn't be unheard-of for a web surfer to accept the terms of a Terms of Use or "click-through" agreement without actually reading it ... and then for a court to hold him to the terms of that agreement. So is there a difference if his automated software tool does the "clicking" -- also without actually reading the agreement? Not according to the US District Court for the Northern District of California. In Cairo, Inc. v. CrossMedia Services, Inc., the court held that automated software tools called “spiders” can legally consent to the terms of use or terms of service agreements on websites they visit -- thereby committing their operators to the terms of those agreements and subjecting them to liability for violations. (The case breaks new legal ground, but the court designates its opinion as "unpublished," which usuallly means that the ruling has little or no precedential impact. In this case, it may mean that the court lacks confidence in its judgment -- or simply that no one has yet asked the court to publish the opinion.)
Cell phones now richer targets for viruses, spam, scams
As next-generation cell phones grow in popularity and function more like PCs, digital intruders are targeting them with viruses, spam and phishing schemes.
Scheme preys on people who mistype 'Google.com'
Security researchers have discovered an attack aimed at would-be visitors to Google.com, one that attempts to download malicious programs onto the computers of people who simply mistype the search giant's Web address.
Opinion: Advertising for Online Gambling -- Is It Legal?
One of the fastest growing online businesses is online gambling. The scope of this business is so enormous that some have even claimed it is the single most important factor in the growth of e-commerce. Despite this, there is much controversy and uncertainty surrounding the legality of online gaming in both the U.S. and Canada.
US law targets online 'pirates'
People who "pirate" music and movies on the internet in the US face up to three years in jail under a new law signed by President Bush on Wednesday.
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Tuesday, April 26, 2005
Friday, April 22, 2005
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ISPs ordered to disclose UK file-sharers’ identities
The High Court yesterday ordered five ISPs to reveal the identities of 33 file-swappers sued by the British Phonographic Industry (BPI), bringing to 90 the total number of individuals so far targeted by the UK music industry in its crackdown against file-sharing.
Google sues Froogles.com
Google has sued Froogles.com, alleging that its tiny rival is infringing on Google’s trade marks. The suit follows an unsuccessful attempt by Google to win the transfer of the domain through the domain name dispute resolution service offered by ICANN.
Movie piracy bill passed by Congress
The US House of Representatives on Tuesday approved a copyright Act that targets the unauthorised recording of films in movie theatres, and the distribution of pre-release copyrighted material.
Commission clarifies Enforcement Directive
The European Commission on Wednesday published a statement clarifying which intellectual property rights will be covered by the controversial Directive on the Enforcement of Intellectual Property Rights.
International guidelines on e-marketing
The ICC has updated guidance on marketing and advertising using electronic media, advocating a light touch when it comes to regulating the sector. Compliance should present no problems for UK businesses.
Supreme Court rejects Nissan.com appeal
The US Supreme Court has refused to hear an appeal by car giant Nissan Motor Co over the domain names Nissan.com and Nissan.net, following a decision by an Appeals Court not to order the transfer of the domains.
PC World found guilty of selling old computers as new
PC World's parent company was left red-faced and considering its legal options this week after it was found guilty of mis-selling computer equipment to its customers.
New rules to help arbitrate in domain-name ‘hijacking’
NEW rules to crack down on the hijacking of internet domain names have been drafted by the communications department. Companies whose names are registered as internet addresses by third parties will be able to invoke arbitration to end unauthorised use of the address — as long as the address ends with the .za suffix.
Supreme Court rejects Nissan.com appeal
The US Supreme Court has refused to hear an appeal by car giant Nissan Motor Co over the domain names Nissan.com and Nissan.net, following a decision by a California Appeals Court not to order the transfer of the domains, according to the Los Angeles Times.
Symantec wins piracy judgment
Security specialist Symantec said Wednesday that it has been granted a $3.1 million default judgment in its California lawsuit against an accused software pirate. Under the terms of the ruling, handed down by the U.S. District Court for the Central District of California, the individual charged with running the piracy ring, identified by the court as Sam Jain, was found guilty of violating Symantec's intellectual-property rights by selling counterfeit versions of the company's products. Jain could not immediately be reached for comment.
Yahoo! provides family with e-mail account of Marine killed in Iraq
E-mail provider Yahoo! has pledged to give the family of a Marine killed in Iraq full access to their son's e-mail account, ending a court battle that began after his parents sought messages he wrote before his death.
File-sharers facing spam attacks
Research has revealed that peer-to-peer (P2P) networks are proving a lucrative hunting ground for spammers. Start-up Blue Security has found that junk mailers are actively harvesting and spamming e-mail addresses they find on file-sharing networks.
Integr8 IT and Buys IT Attorneys
National network integrator and ICT infrastructure management specialist Intergr8 IT recently formed a groundbreaking attorney-client relationship for not only providing a credible source of legal expertise focusing on the IT environment to Integr8 IT, but more importantly to filter the knowledge through to Integr8 IT clients.
Telkom ADSL ‘ripping us off'
Local ADSL connectivity is prohibitively expensive and costs could be significantly cheaper, despite Telkom's claims to the contrary. This is according to Rudolph Muller, founder of the MyADSL forum, which sparked the original wave of complaints regarding Telkom's ADSL offering.
Bill paves way for litigation
The Competition Commission and Tribunal have warned that the Convergence Bill – soon to be debated by Parliament’s Portfolio Committee on Communications – in its current form could pave the way for potential “legal wrangling” by dominant market players in the future.
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Tuesday, April 19, 2005
Monday, April 18, 2005
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Lekota ordered to hand over arms deal papers
Cape Town businessman Richard Young has managed to pry a new set of papers from government hands relating to South Africa's controversial arms deal and a subsequent probe.
Dozens held over ID fraud website
Twenty-eight people, including a Briton, have been arrested after a global operation against a website allegedly involved in identity fraud.
Pair convicted of internet piracy
Two men who were part of a huge network of internet software pirates, known as Drink Or Die, have been convicted of conspiracy to defraud.
Online criminals challenge police
The net has not just changed the way that businesses work, it has done the same for organised crime too, a leading E-crime police officer has said.
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Friday, April 15, 2005
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Longhorn Suffers Potential Legal Setback
Microsoft, which is using the Chimney TCP offload architecture in its forthcoming Longhorn and Scalable Networking Pack for Windows Server 2003 products, was sued to prevent continuing infringement and so as not to induce others to infringe on the patented technology, according to Alacritech.
Bush: 'I Don't Want You Reading My Personal Stuff'
President Bush said on Thursday he does not send e-mail, not even to his twin daughters, because he fears "my personal stuff" would be made public.
Comcast Sued for Disclosing Customer Information
Comcast Corp., the top U.S. cable television network operator, is being sued by a Seattle-area woman for disclosing her name and contact information, court records showed on Thursday.
Broadband over power lines: European Commission help
Using electric power supply lines to offer low-cost high-speed internet access should become easier, according to the European Commission which has sought to clarify the regulatory confusion faced by suppliers throughout the EU.
Amazon wins reprieve against Toysrus.com
An appeals court yesterday lifted an injunction from Amazon.com in its dispute with Toysrus.com, according to the Associated Press. It follows a lawsuit filed last year by the toy seller, accusing Amazon.com of breaching an exclusivity agreement.
Govt to focus on Net gambling
The government plans to develop a new policy on Internet gambling this year.
This is according to minister of trade and industry, Mandisi Mpahlwa, who said in his budget vote in Parliament this week: “Further strengthening and effective implementation of consumer protection will continue this year. The department will establish a new consumer credit regulator, develop a policy on Internet gambling and assess the impact of gambling, consumer credit and liquor.”
Microsoft warns of five new software security flaws
Microsoft Corp. warned Tuesday of five new "critical"-rated security flaws in its Windows, Internet Explorer, Word and Messenger software programs that could allow attackers to take control of a personal computer.
RIAA cracks down on Internet2 file swapping
The Recording Industry Association of America said Tuesday it would file suit against students at 18 universities accused of trading files on the supercharged Internet2 network.
Banks fight 'phishing' scams
Banks are using a growing array of technologies -- many from Bay Area companies -- to uncover, divert or spike e-mail scams known as ``phishing,'' designed to trick customers into revealing personal financial data.
Music industry extends piracy war
More than 900 internet file-sharers were threatened with legal action on Tuesday as the global music industry stepped up its anti-piracy war.
Study: We're getting used to the taste of spam
Fewer people find spam as annoying or unpleasant as they did a year ago, according to a study by the Pew Internet and American Life Project
Microsoft Suits Target Illegal Software Distribution
Microsoft Corp. on Monday filed eight lawsuits in seven states against computer builders and resellers for allegedly distributing counterfeit and unlicensed software.
Abandon tokens, biometrics and smartcards, says security firm
New on-line security system promises to give banks stronger security without compromising usability. It assesses transactions and telephones account holders for authentication when it detects potentially fraudulent behaviour.
Labour: Companies must follow policies in dismissals
A recent Supreme Court of Appeal judgment in a dismissal case has highlighted the need for employers to be aware of the consequences of the failure to follow policies and procedures incorporated into employees’ contracts of employment. The Sunday Times reports in Denel vs DPG Vorster, the court ruled against Denel, which had sacked an employee on charges related to misconduct. The court found Denel did not follow a contractually agreed disciplinary code and procedure, and that an employee had contractual rights and could enforce them in the appropriate forum
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Thursday, April 14, 2005
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Amazon wins reprieve against Toysrus.com
An appeals court yesterday lifted an injunction from Amazon.com in its dispute with Toysrus.com, according to the Associated Press. It follows a lawsuit filed last year by the toy seller, accusing Amazon.com of breaching an exclusivity agreement.
Govt to focus on Net gambling
The government plans to develop a new policy on Internet gambling this year. This is according to minister of trade and industry, Mandisi Mpahlwa, who said in his budget vote in Parliament this week: “Further strengthening and effective implementation of consumer protection will continue this year. The department will establish a new consumer credit regulator, develop a policy on Internet gambling and assess the impact of gambling, consumer credit and liquor.”
Report: E-Mail Coming to All Smartphones Soon
Wireless e-mail connectivity will be a built-in feature on all smartphones by the end of 2008, according to a new report from Gartner that underscores the shift in the hand-held device market and portends massive future changes. Gartner said wireless e-mail is on its way to becoming a mainstream mobile application.
Govt to focus on Net gambling
The government plans to develop a new policy on Internet gambling this year.
Labour: Companies must follow policies in dismissals
A recent Supreme Court of Appeal judgment in a dismissal case has highlighted the need for employers to be aware of the consequences of the failure to follow policies and procedures incorporated into employees’ contracts of employment. The Sunday Times reports in Denel vs DPG Vorster, the court ruled against Denel, which had sacked an employee on charges related to misconduct. The court found Denel did not follow a contractually agreed disciplinary code and procedure, and that an employee had contractual rights and could enforce them in the appropriate forum
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Wednesday, April 13, 2005
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Growth of new phishing e-mails
Last week’s report by the Anti-Phishing Working Group showed a slowing in the growth of new phishing e-mails – between January and February these grew by only 2%, compared with the average growth rate of 26% for the monthly period since July 2004. However, while the rate of growth is slower, phishers are becoming more sophisticated in their approach
From an enforcement point of view
Online criminals are becoming more professional, loosely linked and harder to track, says Detective Superintendent Mike Deats, of the UK’s National Hi-Tech Crime Unit. He said that the greater use of online shopping and banking was making the Net a tempting target for organised crime groups.
Online gambling sites and other e-commerce businesses continue to be hit with extortion threats
Online gambling sites and other e-commerce businesses continue to be hit with extortion threats that claim the company’s Web site will suffer a denial of service attack, unless the company pays up. Generally the threats arrive at a critical point in the company’s online business.
Cybercrime: UK businesses lose billions to hi-tech crime
According to an estimate from the National Hi-Tech Crime Unit, cybercrime activities are costing UK-based businesses with more than 1 000 employees a minimum of £2.45bn,
Major concerns about latest version of Convergence Bill
The online publishing community is concerned that the Convergence Bill in its current form amounts to an unconstitutional attempt to control freedom of expression
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Tuesday, April 12, 2005
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Namibia in cyber exile
DAMAGE to Telecom Namibia's main fibre optic cable link to South Africa caused mayhem in Namibia's business community yesterday, leaving many people stranded and cashless while tour operators appeared particularly hard hit.
Microsoft hands out antidote to poisoned URLs
In response to a heightened security alert, Microsoft has updated its customer advisories for protecting its server software against DNS cache poisoning attacks.
Work bloggers offered guidelines
Bloggers, people who have their own websites where they share thoughts daily, have been urged to be anonymous if they write about their workplace.
Online criminals challenge police
The net has not just changed the way that businesses work, it has done the same for organised crime too, a leading E-crime police officer has said.
SNO expects licence 'soon'
The long-awaited second national operator (SNO) expects to be licensed within the next few months and should be ready for business before the end of this year.
Karl Socikwa, SNO spokesman and chairman of the SNO shareholders' steering committee, says that following extensive work by the shareholders, the SNO's business plan has been prepared for submission to the regulator, and its shareholders' agreement will also be in place soon.
Identity thieves' new ploy: `pharming'
First online crooks went ``phishing,'' and now they're getting into ``pharming'' to reap their harvest of potential identity-theft victims.
Open-source group to corral licenses
The Open Source Initiative has begun an effort to pare down the number of open-source licenses in widespread use. The OSI, a group that bestows official open-source status on licenses, will promote a small number of licenses as preferred options, according to a position paper it adopted on Wednesday. The group hasn't yet decided which of the more than 50 licenses it's so far approved will get the status.
Microsoft Files Phishing Suits, Calls for More Education
Experts urge Internet users to exercise the same caution when doing business online as they would in the physical world. "Computer users can stop phishers by not responding to an e-mail or pop-up that asks for personal information," said Lydia Parnes of the FTC's Bureau of Consumer Protection. "Just delete it."
Wi-Fi Will Change the World
In my opinion, the implications of Wi-Fi for VoIP (Voice over Internet Protocol) are enormous. VoIP must have broadband. Without it, there is no VoIP. Wi-Fi provides wireless broadband. Think about it. Someday we could all have a portable VoIP phone that would basically make all calls -- to anywhere in the world, including local calls.
Regulation of Blogs' Political Activity Sparks Furor
While the 1st Amendment prohibits regulating most speech, a wide array of online activities arguably could be viewed as "contributing to" or "coordinating" with political campaigns, which falls under the FEC's domain.
Microsoft Ex-Employee Sentenced for Software Theft
A former employee of Microsoft Corp. (MSFT.O: Quote, Profile, Research) was sentenced to two years in prison and ordered to pay more than $5 million in restitution for selling the world's largest software maker's products for personal gain, federal prosecutors said.
Update: New bugs found in Outlook, Internet Explorer
Microsoft (Profile, Products, Articles) is investigating a new set of potentially serious security flaws in Internet Explorer and Outlook reported by security company eEye Digital Security (Profile, Products, Articles), the software maker said Friday.
U.S. blogger thwarts Canadian gag order
Canada's long-standing practice of barring news organizations from disclosing what's happening in certain court proceedings is being tested by Internet bloggers.
Company files 'pay per click' ad lawsuit
A Texarkana gift shop that advertises on the Internet has filed a lawsuit against America Online, Google, Yahoo and other Web-centered companies alleging they knowingly overcharged the shop and other companies for "pay per click" advertising.
Flaw found in Firefox
A flaw has been discovered in the popular open-source browser Firefox that could expose sensitive information stored in memory, Secunia has warned.
Cybercrime - Threats to Internet Security
A report in the Gulf News that the Ministry of Justice, Islamic Affairs and Awqaf has considered a draft law on cybercrime comes as welcome news following the continuing increase in threats to internet security in 2004.
Ryanair draws first blood in battle over pilots' web attack
Pilots' leaders have accused Ryanair of an extraordinary attack on free speech in a high court battle over a website that contains anonymous criticisms of the airline by some of its employees.
ICANN in Hot Seat over .net Registry Report
Germany-based Denic, one of the other four firms vying with VeriSign for the right to control the .net domain, slammed the report, saying it was "sloppy" work replete with "serious factual errors" that led to mistaken conclusions.
Freelancers Hit the Jackpot
A settlement reached last Wednesday in a class-action online publishing lawsuit could mean plenty of freelance writers will be eligible to receive their share of up to $18 million dollars from big media companies, once the agreement receives court approval that is expected in the next few weeks.
Round two tech charter
After the first charter was seemingly jilted at the altar, the information and communication technology (ICT) industry should hopefully have proper guidelines for black economic empowerment (BEE) gazetted by June.
Are identities safer on laptops than central databases?
If recent headlines about identity theft and hacked corporate databases have you worried, news from Microsoft's Michael Stephenson may provide some comfort. Stephenson, director of the software giant's Windows Server division, said plans are afoot to bake better ID security into Windows.
Suspected phisher arrested in Estonia
Police in Estonia have arrested a man suspected of stealing millions of Euros from bank accounts across Europe, according to a report in the Sydney Morning Herald. The unnamed 24-year-old from the Estonian capital Tallinn is believed to have infected hundreds of computers with a Trojan horse program to obtain usernames and passwords from them. High-tech crime police in Europe believe the suspect stole money from accounts in Britain, Estonia, Germany, Latvia, Lithuania and Spain.
N.Y. lawmakers target modem hijacking
State lawmakers unveiled a bill Monday that is believed to be the first in the nation to target modem hijacking, a practice in which thieves tap into people's computer modems to make international phone calls.
Convergence Bill could censor SA
South Africa’s online publishing community - together with other industry players and lawyers - has expressed grave concern about the Convergence Bill in its current form, saying that if it remains unchanged, it would amount to an unconstitutional attempt to control freedom of expression.
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Monday, April 11, 2005
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Ruling Unlikely to Deter Gaming
In the wake of a trade ruling lending support to U.S. prohibitions on internet gambling, gaming industry insiders aren't predicting any slowdown in Americans' online-wagering activities.
Other developments on the legal and legislative fronts, including efforts by several states to legalize net wagering, could put pressure on federal regulators to loosen gaming restrictions, industry observers say. The passage of a sweeping gambling bill in the United Kingdom, they say, could also open doors for overseas betting sites.
Medical group: Data on 185,000 people was stolen
A California medical group is telling nearly 185,000 current and former patients that their financial and medical records may have been exposed following the theft of computers containing personal data.
SADC looking to harmonise cyber laws
Representatives of the SA Development Community (SADC) countries met this weekend in Swaziland to discuss ways in which their cyber legislation could be harmonised.
Issues under discussion included hacking and computer fraud, but the question of privacy was not discussed.
ICT charter still a work in progress
Meetings are being held behind closed doors to finalise the ICT charter draft to be released on Friday. This follows a statement issued last Friday, saying the ICT empowerment charter steering committee had reached consensus on all of the outstanding charter issues.
Convergence Bill deadline irks industry
Industry bodies say they are unhappy with government's refusal to extend the deadline for submissions on the draft Convergence Bill beyond Friday, despite repeated requests to do so.
Mobile phone DRM too expensive, say operators
The global trade association for the mobile market has expressed discontent with the licensing terms for the Digital Rights Management (DRM) standard that content producers were hoping would protect their works against piracy among users.
Tool can resurrect deleted cookies
A marketing company has developed a product to restore the cookies set by web sites, ad networks and advertisers when users try to delete them. New York-based United Virtualities says that too many users are deleting cookies.
Distance selling rules change today
Changes to the laws that affect the sale of goods and services over the internet and by telephone come into effect today. The changes address a practical problem that service providers faced in getting written information to customers.
UK version of Sarbanes-Oxley in force today
New rules are in force today that place companies under stricter auditing controls, similar to the issues addressed by the Sarbanes-Oxley Act in the US. They aim to ensure that company directors provide auditors with correct information, and allow the government to investigate suspected breaches.
Manchester Airport pays for privacy error
A passenger has won compensation of £4,000 from Manchester Airport after his photograph was taken without his permission, in breach of the Data Protection Act, according to a report by the Manchester Evening News.
Parliament hears 10 minutes on Denial of Service law
Derek Wyatt MP made a 10-minute pitch to Parliament on Tuesday for changes to the UK's 15-year-old anti-hacking laws. His proposals would make denial of service an undeniable offence; but there will be no action ahead of the general election on 5th May.
Ex-Yahoo! CEO's Nazi auction acquittal upheld in France
A Paris appeals court upheld the acquittal of former Yahoo! CEO Tim Koogle yesterday in a case that accused him and Yahoo! of crimes against humanity in connection with auctions of Nazi memorabilia on the US web site, according to a report by Libération.
Internet gambling ban: both sides claim WTO appeal win
The US can maintain restrictions on internet gambling, but its laws must change because they discriminate against foreign operators. That was the result of a closely-watched appeal ruling from the World Trade Organisation (WTO) yesterday.
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Sunday, April 10, 2005
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Court lets man criticize hair clinic in Web site
A man can disparage a hair-restoration company on a Web site using the company's name without violating copyright law, an appeals court ruled Monday
Warning over fake Windows update
Users are being warned to watch out for a fake Microsoft security update.
Circulating as an e-mail the fake message points people at a bogus website that claims to host critical security updates.
Online criminals challenge police
The net has not just changed the way that businesses work, it has done the same for organised crime too, a leading E-crime police officer has said.
Lawsuit hits Blackberry revenues
Research In Motion (RIM), which makes e-mail device Blackberry, has reported a fourth-quarter loss because of legal costs over a patent dispute.
Equality courts are crying out for work
South Africans are trickling into the equality courts set up to settle complaints about racism, hate speech, harassment and discrimination."Given the expectations of what the courts were supposed to do, one is disappointed at the poor flow of cases," said Jody Kollapen, the chairperson of the Human Rights Commission.
Fraud alleged in Internet school program
Six companies and individuals involved in a federal program to subsidize Internet access in the nation's schools and libraries have been indicted on allegations of defrauding the program, known as E-Rate.
Theft exposes data of medical patients
San Jose Medical Group began sending letters to current and former patients in California earlier this week after thieves stole two office computers on March 28. The computers contained names, addresses, Social Security numbers and billing codes that could be used to deduce medical histories.
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Saturday, April 09, 2005
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German Programmer Pursues Open Source License Violations
The gpl-violations.org project tries to raise public awareness about past and present infringing use(r)s of GPL licensed software. The ultimate goal is to make vendors of GPL licensed software understand that GPL is not public domain, and that there are license conditions that are to be fulfilled.
Citigroup Unit Fined By NYSE For Failure To Train Employees Regarding E-Mail Communications
Citigroup Global Markets Inc. f/k/a Salomon Smith Barney, Inc. of New York City, a member firm, and P. Campbell Hillstrom of Chicago, IL, a firm Institutional Equity Salesman, consented without admitting or denying guilt to findings relating to the dissemination of misleading electronic communications. An NYSE hearing panel found that, in 2000 and prior years, the firm failed to properly train and supervise its employees with respect to the dissemination of electronic communications. Specifically, the firm failed to have proper procedures and controls in place to prevent employees from disseminating false and misleading electronic communications.
Regardless Of Status of Bloggers As Journalists, Trade Secret Owner Is Entitled To Discovery Directed At Source Of Online Disclosures
Apple Computer is entitled to discovery directed at an e-mail service provider for a Web site that published confidential information regarding its product introduction plans. Apple Computer, Inc. v. Doe 1, No. 1-04-CV-032178 (Cal. Super. Ct. Santa Clara Cty March 11, 2005). The court found that the computer company had made out a prima facie case that the published information was protected under state civil and criminal trade secret protection law, and that it took "adequate steps by way of internal investigation" before seeking discovery from external sources. The court concluded that California trade secret law applied to the disclosures, regardless of whether the anonymous parties that disclosed the information were "journalists, bloggers or anyone else."
Corporate Officers' Use Of Company E-Mail System To Communicate With Their Personal Attorneys Does Not, Without More, Waive Attorney-Client And Joint
The use of a company e-mail system by corporate officers to communicate with their personal attorneys does not automatically waive the officers' attorney-client or joint defense privileges with respect to the e-mail communications. In re Asia Global Crossing, Ltd., No. 02 B 15749 (Bankruptcy Ct., S.D.N.Y. March 21, 2005). The court denied the motion of the company's bankruptcy trustee for enforcement of a subpoena covering the e-mail communications, rejecting the argument that the mere use of the corporate e-mail system waived any otherwise applicable privileges. The court concluded that the dispositive issue was whether the officers had an "objectively reasonable" expectation that their communications over the e-mail system were confidential. Because the bankruptcy trustee was unable to show that there was a corporate e-mail policy limiting employee privacy rights in e-mail communications, the court found that it could not conclude as a matter of law that the use of the e-mail system eliminated any otherwise existing privilege.
Termination Of Employment For Attempts To Ensure Workplace Copyright Compliance May Constitute Wrongful Discharge In Violation of Public Policy
An employee's claim that he was discharged in violation of public policy for speaking out against allegedly illegal software installation practices could not be dismissed on summary judgment, where the employee alleged numerous instances of possible copyright violations by co-workers. Maury v. Computer Sciences Corp., No. 3:02CV1492 (D. Conn. March 16, 2005). Despite evidence that the employee acted in an insubordinate manner, the court concluded that a reasonable jury could find that the employer "had a 'wink-wink' policy of ignoring or failing to aggressively pursue copyright violations" and that the alleged insubordination resulted from the employee's attempts "to change the alleged culture of improper behavior." The court commented that "[t]here is a fine-line between an employee behaving as an obnoxious and insubordinate trouble-maker and one acting conscientiously to ensure his own, and his company's compliance with the law."
License Exclusion For Computer Games "Playable Solely When Connected To" A Website Does Not Include Games Distributed Online Requiring Brief Online Au
A provision in a video game license agreement that granted the licensee exclusive rights to online versions of classic video games that were "playable solely when connected to a Licensee Web Site" did not encompass versions of the games that were sold online or on CD-ROM, but required online authentication at the time of play. Atari, Inc. v. Games, Inc., No. 04 Civ. 3723 (S.D.N.Y. March 11, 2005). The court concluded that the language defining the exclusive license "clearly limits" the nonexclusive license to games playable solely when connected to a licensee Web site, and does not preclude the sale of other versions of the same games that "[a]t most ... require a brief connection" to another licensee's Web site in order to authenticate the user's license. The court further reasoned that its analysis was supported by "carve out" language under which the licensor expressly retained the right to sell "retail versions" of the classic video games.
License Exclusion For Computer Games "Playable Solely When Connected To" A Website Does Not Include Games Distributed Online Requiring Brief Online Au
A provision in a video game license agreement that granted the licensee exclusive rights to online versions of classic video games that were "playable solely when connected to a Licensee Web Site" did not encompass versions of the games that were sold online or on CD-ROM, but required online authentication at the time of play. Atari, Inc. v. Games, Inc., No. 04 Civ. 3723 (S.D.N.Y. March 11, 2005). The court concluded that the language defining the exclusive license "clearly limits" the nonexclusive license to games playable solely when connected to a licensee Web site, and does not preclude the sale of other versions of the same games that "[a]t most ... require a brief connection" to another licensee's Web site in order to authenticate the user's license. The court further reasoned that its analysis was supported by "carve out" language under which the licensor expressly retained the right to sell "retail versions" of the classic video games.
Widespread Publication Of False Allegations On The Internet Supports Conclusion Of Malice
The fact that the defendants in a malicious prosecution action made efforts to widely publish allegedly false allegations about the plaintiff on the Internet supports a finding that the defendants acted with malice in filing defamation claims against him. Barrett v. Negrete, No. 03-56663 (9th Cir. March 14, 2005) (unpublished). The appellate court concluded that support for a finding of malice could be found in the "sensational" and "scurrilous nature" of the defendants' numerous allegations of wrongdoing against the plaintiff, and the fact that they withdrew their claims in response to the plaintiff's discovery demands for evidentiary support of their allegations.
Web Site Development Without Written Agreement Regarding Rights Results in Non-Exclusive License
In the absence of a written agreement, a company that engaged a computer consultant to update and host its Web sites has an implied, non-exclusive license to use, reproduce, derive and display the Web sites. Attig v. DRG, Inc., No. 04-CV-3740 (E.D. Pa. March 30, 2005). The court held that a nonexclusive license arises "were (1) a person (the licensee) requests the creation of a work, (2) the creator (the licensor) makes that particular work and delivers it to the licensee, and (3) the licensor intends that the licensee copy and distribute his work." The court granted summary judgment in favor of the defendant company on the consultant's copyright infringement complaint, commenting that "common sense" supported a finding that the consultant intended the company to have an implied license for services for which it had paid, because a finding that there was no such implied license would be equivalent to a finding that the work, i.e., the Web sites, were of no value.
CD-ROM Version Of Magazine A "Revision" Under Copyright Act Section 201(c)
The inclusion of copyrighted articles and photographs in the CD-ROM version of a magazine is a privileged "revision" under Section 201(c) of the Copyright Act, negating the copyright claims of freelance authors and photographers who provided the underlying works. Faulkner v. Mindscape Inc., No. 04-0263-cv(L) (2d Cir. March 4, 2005). The appeals court concluded that the CD-ROM version constituted a privileged revision because the underlying works were presented to users "in the same context as they were presented to users in the original versions of the magazine," and the CD-ROM version constituted "an electronic replica" of the pages of the magazine as originally published.
Functional Elements Of Golf Video Game Not Protected By Copyright
The instructions on the control instrumentation of a golf video game are functional and not expressive, and consequently are not eligible for copyright protection. Incredible Technologies, Inc. v. Virtual Technologies, Inc., No. 03-3785 (7th Cir. March 15, 2005). The circuit court concluded that the district court did not abuse its discretion in finding that the graphics, arrows and textual instructions used to describe the use of a trackball controlling the game were dictated by functional considerations. The circuit court also upheld the district court's conclusion that the scenes a faire doctrine covered the depiction of golfers, golf courses and clubs and other elements of a realistic golf game, and thus those elements would be afforded protection "only from virtually identical copying."
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Friday, April 08, 2005
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Expats buy SA property online
Expatriate South Africans are behind a rise in the number of online applications for mortgages, according to home loan facilitator MortgageSA.
Top court examines broadband competition
[USA] In a case that could help determine the viability of the independent ISP business, the Supreme Court on Tuesday took a close look at whether cable companies could keep other service providers off their networks
Freelancers Hit the Jackpot
A settlement reached last Wednesday in a class-action online publishing lawsuit could mean plenty of freelance writers will be eligible to receive their share of up to $18 million dollars from big media companies, once the agreement receives court approval that is expected in the next few weeks.
Man accused of using stolen identities in bank scam
Federal authorities have accused a man of using several people's names and Social Security numbers to open more than 40 bank accounts as part of a coast-to-coast scam.
Ex-Boy Scout official pleads guilty to child porn charge
A former top official of the Boy Scouts of America pleaded guilty Wednesday to one count of receiving and distributing child pornography, including pictures of boys younger than 12.
Privacy fears over NHS database
A new NHS computer database may threaten the privacy of patients' medical records, the BBC has learned.
Microsoft Drops Teen Blaster Writer's $500,000 Fine
Jeffrey Lee Parson, the teen convicted of infecting 48,000 computers with a variant of the destructive Blaster worm, will not have to pay $500,000 in restitution to Microsoft Corp. (MSFT.O: Quote, Profile, Research), the world's largest software maker said on Wednesday.
Cops get cybercrime help from Microsoft
Microsoft is developing analytical tools to help international law enforcement agencies track and fight cybercrime. Microsoft unveiled the tools development program at the kickoff on Wednesday of three days of technical training for Australian law enforcement agencies. The Forensic Computing and Computer Investigations Workshops are designed to help investigators fight crimes such phishing, online child exploitation and money laundering.
BlackBerry ads ‘misleading'
The marketing campaign for the BlackBerry service can be seen as misleading to the public, which is causing confusion in the marketplace and will make life difficult for corporate companies and those involved in the installation and support of the product.
'Game theft' led to fatal attack
A Chinese man has been stabbed to death in a row over a sword in online game Legends of Mir 3, say reports.
Supreme Showdown for P2P's Future
The entertainment companies petitioned the Supreme Court to take the case after the 9th U.S. Circuit Court of Appeals ruled in August that file-sharing companies are not liable for their users' copyright infringement. The decision upheld a lower-court ruling from April 2003.
Collins Stewart hunts down internet libeller
The ability of users of internet bulletin boards to remain anonymous was placed in serious doubt yesterday after Terry Smith, chief executive of City firm Collins Stewart Tullett, won a landmark libel settlement.
Enterprise Content Management best practices for the insurance industry
Most insurance companies still work with islands of information and have not yet mastered the enterprise-wide management of all of the content that comes through their doors on paper, and via fax, e-mail, telephone and the Internet. Even if the company has determined how to manage the information on its disparate, legacy systems, much of the processing thereof is subject to human intervention and interpretation.
P2Ps Face Supreme Test
The often conflicting interests of technology and the entertainment industry will be played out Tuesday when the U.S. Supreme Court hears oral arguments in MGM v Grokster.
At issue is Hollywood's ability to sue peer-to-peer (P2P) developers for creating file-sharing technology that has led to widespread copyright theft.
Public warned about fake lawyers
Western Cape police are serious about clamping down on fake lawyers and have warned members of the public to check the credentials of people advising them on legal matters.
Convergence Bill up for debate
The National Assembly's communications portfolio committee has invited stakeholders and interested parties to submit written submissions on the Convergence Bill by no later than April 8.
World vulnerable to cellphone virus attack
It will take a major virus attack before network operators and handset manufacturers start taking the threat of cellphone viruses seriously, says US research company Visiongain. However, UK anti-virus firm Sophos says the threat is not credible.
Date set for Convergence Bill submissions
Interested parties have until Friday, 8 April, to submit written submissions on the latest draft of the Convergence Bill, according to the Portfolio Committee on Communications.
Google Axes Hate News
Google has to draw the line somewhere in its mission to make all the world's information available online. It's starting with hate speech. Internetnews.com has learned that Google (Quote, Chart) is in the process of removing National Vanguard content from its Google News service. National Vanguard is a publication of the National Alliance, which describes itself as an "organization for people of European descent."
Macintosh hacker attacks are on the rise-Symantec
Hacker attacks on Apple Computer Inc.'s Macintosh OS X operating system, thought by many who use the Mac to be virtually immune to attack, are on the rise, according to a report from anti-virus software vendor Symantec Corp.
Phishing Attacks Number 33 Million Each Week
"Offline retailers worked together to reduce fraud over the years and have cut it down to under 1 percent of all retail sales," said Jupiter Research retail analyst Patti Freeman Evans. "Now online retailers have to work together to make sure phishing doesn't continue at this rapid growth rate."
Closing Arguments Begin in Kazaa Trial
Record industry lawyer Tony Bannon told the court that Sharman Networks monitors Kazaa users and sells information about them to advertisers, saying the company's claim that it had no control over the software was "completely mind boggling."
Mpofu denies ICT charter crisis
The information and communications technology (ICT) charter's working group chairperson, advocate Dali Mpofu, on Wednesday dismissed rumours that the camp is in crisis, instead arguing that nothing has changed.
UK firms fail web customer service test
A "catastrophic inability" to provide adequate online customer service leaves most UK firms unable to provide answers to even the simplest customer queries
Telkom must justify ADSL expense
A public hearing to deal with complaints regarding the cost and service restrictions on Telkom's ADSL offerings has been scheduled by the regulator.
Phishing by phone--VoIP raises security concerns
Internet phone services have drawn millions of users looking for rock-bottom rates. Now they're also attracting identity thieves looking to turn stolen credit cards into cash.
IBM, Compuware Settle Source Code Dispute
IBM (Quote, Chart) and Compuware (Quote, Chart) settled their three-year legal battle over source code with a $400 million settlement, officials announced Tuesday.
Calif. University Says 59,000 Affected by Hackers
Hackers attacked computer servers of a California university and may have gained access to the personal information of 59,000 people affiliated with the school, a university spokesman said on Monday.
Cyberattacks on corporate networks rising, surveys show
Cyberintruders have stepped up their attacks on corporate computer networks, according to two surveys released Monday
Over a million computers hijacked
More than one million computers on the Net have been hijacked to attack Web sites and send out spam and viruses. This is according to a report by security researchers who have spent months tracking over 100 networks of remotely-controlled machines.
'SMS virus' hoax
The use of SMS (short message service) text messages by SA's 13 million cellphone users has exploded over the last couple of years, with 250 million messages being sent on the Vodacom network alone every month.
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Wednesday, April 06, 2005
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IM Threats Rising Sharply
New research has found that IM-borne security threats haveincreased dramatically in volume since the start of 2005.According to a report issued yesterday by the IMlogic ThreatCenter, the quantity of instant messaging threats increased250 percent in the first quarter of 2005, compared with thesame period last year.
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Sunday, April 03, 2005
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Google Takes Hit in U.S. Trademark Case
Search advertising powerhouse Google suffered a setback Wednesday in its defense of a trademark infringement suit. U.S. District Judge Jeremy Fogel dismissed one claim by American Blind & Wallpaper Factory, but denied Google's motion to dismiss the suit, allowing it to go forward for trial.
Top 25: Technological breakthroughs
Advances that transformed how the world communicates are among the top 25 technological breakthroughs of the past quarter century, according to a panel of experts assembled by CNN.
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Friday, April 01, 2005
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Banks need two-factor authentication urgently
Banks risk losing their on-line customers unless they change consumers' belief that internet banking is unsafe. And this transition involves deploying or strengthening two-factor authentication urgently, says new research.
Supreme Court hears P2P copyright case
The US Supreme Court heard arguments yesterday in an appeal by the entertainment industry against a ruling that companies providing peer-to-peer (P2P) file-sharing software are not liable for copyright infringement by users of the software.
Freelance writers settle on-line copyright case
A US class action copyright lawsuit brought by 21 freelance writers and three writers’ groups over the unauthorised use of material in on-line databases has settled. In total, the settlement could net freelance writers $18 million
Court helps Ryanair trace staff pilots who criticised on-line
An Irish judge has awarded Ryanair an injunction to prevent the destruction of web site user data in a court battle over the identities of its pilots who criticised the airline's working practices in an on-line forum for Ryanair pilots, according to The Guardian.
Drop the mouse and step away from the PC
The first few moments in any crisis response are critical, and mistakes can be costly. So it is with misbehaving computers.
Microsoft sues 'phishing' site operators
Microsoft Corp. Thursday said it was filing 117 lawsuits against unknown Internet site operators it charged were engaged in "phishing" schemes to obtain personal and financial information from unsuspecting consumers.
Force directors to pay fines, says court
The Federal Court called on the Government to consider amending Trade Practices legislation so that the directors of companies that go into liquidation, or have insufficient funds to pay fines, are made responsible for fines levied on those companies.
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