<![CDATA[Gizmodo: legal eagle]]> http://cache.gawker.com/assets/base/img/thumbs140x140/gizmodo.com.png <![CDATA[Gizmodo: legal eagle]]> http://gizmodo.com/tag/legal eagle http://gizmodo.com/tag/legal eagle <![CDATA[ Apple Sued for Time Machine Patent Infringement ]]> timemachine.jpgAnother day, another patent lawsuit for Apple. This time they're being sued by the firm Mirror Worlds. The patents at issue deal with a "document stream operating system," which means files are stored in a chronologically ordered stream, and whoa, are archived automatically. Sounds like Time Machine, even though the suit doesn't name Time Machine explicitly. In fact the whole suit's rather vague, except they say that Apple knew about their patents back in 2001. But like most patent suits, this one will probably go quietly into the night. [Ars, USPTO]

]]>
Thu, 20 Mar 2008 14:32:17 EDT matt buchanan http://gizmodo.com/index.php?op=postcommentfeed&postId=370298&view=rss&microfeed=true
<![CDATA[ Justice Department Says $222,000 Damages Awarded to RIAA in File-Sharing Suit Not "Obviously Unreasonable" ]]> squish.jpgThe Department of Justice says that the $222,000 verdict—over $9,000 a song—Jammie Thomas got slapped with for file-sharing when she (somewhat feebly via her weak evidence) went up against the recording industry lawsuit machine is not unconstitutionally excessive.

As part of her appeal, she filed to have the damages ruled unconstitutional in their heft, given that they cost labels about 70 cents a song. The Copyright Act allows for statutory damages up to $150,000 a song, which the RIAA argued (and the DoJ agrees) don't have to be anywhere near actual damages. If you want the legalese it goes like this:

Statutory damages compensate those wronged in areas in which actual damages are hard to quantify in addition to providing deterrence to those inclined to commit a public wrong.

[G]iven the findings of copyright infringement in this case, the damages awarded under the Copyright Act's statutory damages provision did not violate the Due Process Clause; they were not 'so severe and oppressive as to be wholly disproportioned to the offense or obviously unreasonable.

The real dig in the brief in regards to future cases is that the DoJ aligns its views on uploading through P2P networks with the RIAA—uploading constitutes distribution, meaning it'll only be necessary to find that defendants made files available.

The damages—again, over $9000 a song—might be not "obviously unreasonable" but that doesn't mean they're not fucking unreasonable. [Ars, Image via Flickr]

]]>
Tue, 04 Dec 2007 18:20:22 EST Matt Buchanan http://gizmodo.com/index.php?op=postcommentfeed&postId=329971&view=rss&microfeed=true
<![CDATA[ Microsoft Cries Uncle in Europe, Will Give Up Code to Competitors ]]> After nine years of back and forth and a small country's GDP in fines for antitrust violations, Microsoft's finally caving to EU antitrust regulators by giving code to competitors it's fought to keep to itself after a 2004 European Commission directive to hand it over. A ruling last month by the EU's second-highest court affirmed the EU's right to force powerhouse companies to share intellectual property with competitors in order to level the playing field, which purportedly led Ballmer to fly to Europe to cut the deal.

According to the deal's terms, developers can pay a one-time fee of 10,000 euros ($14,300) to get ahold of Microsoft's server protocols. If they're used in a rival's product, Microsoft's entitled to 0.4 percent of sales—Microsoft wanted 5.95 percent, so they've taken quite a pay cut, indicating that Microsoft's hands were pretty tied up on the matter. After their success in browbeating Microsoft here, it's anyone's guess as to where the EU's antitrust police will point their legal guns next. What do you guys think of the ruling? Should Microsoft have to relinquish code to the competition? [NYT, Flickr]

]]>
Mon, 22 Oct 2007 16:00:14 EDT Matt Buchanan http://gizmodo.com/index.php?op=postcommentfeed&postId=313649&view=rss&microfeed=true
<![CDATA[ Verizon Hit With Lawsuit Hammer for Overstating FiOS TV Subscribers ]]> It seems the FiOS TV subscriber numbers in the NYC region haven't quite hit what Verizon has hoped—or has even said. An ad company's suing Verizon for publishing allegedly inflated numbers of FiOS TV subscribers that lump in "pending" customers with current subscribers, allowing it to boost ad rates.

In other words, according to Digital Arts Services' complaint, it "indisputably meant that purchasers of advertising time were paying for FiOS subscribers who did not exist." Naturally, Verzion's calling BS, calling it "a garden-variety business dispute initiated by a customer who wants to be released from a contract they agreed to." Guess we'll let the courts decide. [Broadband Reports, Image via Flickr]

]]>
Thu, 04 Oct 2007 15:50:19 EDT Matt Buchanan http://gizmodo.com/index.php?op=postcommentfeed&postId=307229&view=rss&microfeed=true
<![CDATA[ The former head of allofmp3.com was acquitted ... ]]> The former head of allofmp3.com was acquitted in a Russian court, avoiding both fat fines and jailtime. Of course, the International Federation of the Phonographic Industry (repping EMI, NBC and Time Warner in the case) is planning to appeal. [CNN]

]]>
Wed, 15 Aug 2007 12:11:51 EDT Matt Buchanan http://gizmodo.com/index.php?op=postcommentfeed&postId=289757&view=rss&microfeed=true
<![CDATA[ Circuit City is irked about seeing their ... ]]> Circuit City is irked about seeing their weekly ads up on Cheap Ass Gamer and DVD Talk before they hit the Sunday papers, especially the one that revealed the PS3 price drop—they've subpoenaed both sites for info about the leaker. [Kotaku]

]]>
Fri, 10 Aug 2007 08:34:39 EDT Matt Buchanan http://gizmodo.com/index.php?op=postcommentfeed&postId=288112&view=rss&microfeed=true