Jury arrives at $675K fine for student's music downloading, $22,500 per track
The jury in the Joel Tenenbaum case has fined the Boston College University student $675,000 for copyright infringement of 30 songs, or $22,500 per track. The award is radically smaller than the $80,000 per track levied against Jammie Thomas-Rasset in a similar infringement trial earlier this year.
The jury was out, according to Copyright & Campaigns' Ben Sheffner, between two and three hours. Judge Nancy Gertner has already announced that she'll review the award to ensure that it does not violate the Constitution's due-process clauses. As for Mr. Tenenbaum, he told Mr. Sheffner that he plans to file for bankruptcy if the award amount stands, as the doctoral candidate (in physics) has no way of paying the fine.
After Tenenbaum, who will take back the music industry from the RIAA?
Because the Joel Tenenbaum trial hasn't been maddening enough, Engadget yesterday had a little item on how the RIAA is claiming that customers ought to just suck it up and accept that DRMed tracks will go poof even if they've been paid for, since no other products or service providers are expected to "provide consumers with perpetual access to creative works." That's interesting coming from a group that claims that alone of all industries, copyright holders somehow deserve to get paid in perpetuity for their output. I guess forever looks a lot longer when it includes server-maintenance duties.
If anyone's got a more enlightened response than "oy" to the Tenenbaum trial's result, I'm all ears. I respect Professor Nesson's legal acumen, and having fair use taken off the table just hours before the trial was probably not a setback from which any legal team could have recovered, but looking over the past year's proceedings -- the defense's push to make its processes open and transparent, the sustained effort to get the trial shown live on the Web, all that -- I wonder if we'd all have have been better off if both Tenenbaum, and Jammie Thomas before him, had simply rolled over.
FCC investigates Apple's App Store policy after Google Voice rejection
Apple's rejection of the Google Voice iPhone app proved to be the last straw, and now the Federal Communications Commission is involved. The FCC has begun an investigation into the matter.
"The Federal Communications Commission has a mission to foster a competitive wireless marketplace, protect and empower consumers, and promote innovation and investment," FCC Chairman Julius Genachowski said this evening. "Recent news reports raise questions about practices in the mobile marketplace. The Wireless Bureau's inquiry letters to these companies about their practices reflect the Commission's proactive approach to getting the facts and data necessary to make the best policy decisions on behalf of the American people."
The Value Question: Is the Apple or Microsoft Family Pack the better deal?
Is three times the price three times the value? That's the question I'm asking about Microsoft's limited-time Windows 7 Family Pack -- three Home Premium upgrade licenses -- for $150. Mac OS X 10.6 "Snow Leopard" Family Pack, with five licenses, will sell for $49.
It's a rhetorical question really. Most people with Windows PCs won't have the option of running Snow Leopard. Intel Mac users, by comparison, can run Windows dual-boot, using Apple's Boot Camp, or by way of third-party virtualization software. That said, to qualify for the discounted Family Pack pricing, Mac users would still need Windows XP or Vista.
Adobe fixes major Flash Player vulnerability
On Friday, Adobe issued an out-of-cycle security update to Flash Player, Adobe Reader and Acrobat that fixes several critical cross-platform vulnerabilities, one of which is related to Microsoft's Active Template Library (ATL) vulnerability announced earlier this week.
The software affected in today's update is:
Apple patches iPhone SMS vulnerability
Apple today issued the iPhone 3.0.1 software update in response to a well-known vulnerability which could let a remote user hijack any iPhone with a simple series of SMS text messages.
This patch was actually expected to come before the Black Hat 2009 conference, where security researcher and co-author of The Mac Hacker's Handbook Charlie Miller exposed the methods of executing this hack.
Cat-and-mouse game begins: Microsoft blacklists leaked Windows 7 key
The Lenovo OEM key that leaked earlier this week and allowed Windows 7 Ultimate to be cracked is being blacklisted, according to a blog post last night from Alex Kochis, Director of Genuine Windows at Microsoft.
Kochis says, "Yesterday we were alerted to reports of a leak of a special product key issued to an OEM partner of ours. The key is for use with Windows 7 Ultimate RTM product that is meant to be pre-installed by the OEM on new PCs to be shipped later this year. As such, the use of this key requires having a PC from the manufacturer it was issued to. We've worked with that manufacturer so that customers who purchase genuine copies of Windows 7 from this manufacturer will experience no issues validating their copy of Windows 7. At the same time we will seek to alert customers who are using the leaked key that they are running a non-genuine copy of Windows. It's important to note that no PCs will be sold that will use this key."
Windows 7 Family Pack priced at $150
Microsoft has placed a $149.99 price tag on the Windows 7 Family Pack, which lets as many as three PCs in a single household upgrade to Windows 7 Home Premium edition. Users in Canada will pay $199.99.
Microsoft's official blogger Brandon LeBlanc confirmed the three-license pack last week, but did not include the price.
Firefox hits 1 billion downloads!
Firefox total downloads: millions
Firefox has hit its milestone billionth download of all time. To celebrate the occasion, Mozilla will be launching onebillionplusyou.com on Monday, a hub for information about the achievement, and a place for Firefox users to show their love for the browser by uploading pictures of themselves representing Firefox across the globe (though they'll have a tough time beating this guy.)
British hacker will be extradited to US for trial
A British hacker who broke into 97 military and NASA computer systems -- looking, he claims, for evidence about UFOs -- will be tried in America, where if convicted he may face a sentence of up to 70 years. Gary McKinnon has been appealing in the British judicial system to avoid extradition to these shores.
Mr. McKinnon doesn't deny that he hacked into the computers in 2001-02, but has stated that he wasn't attempting to compromise US security but to find secret information on unidentified flying objects -- a particular obsession for the 43-year-old man, who has been diagnosed with Asperger's syndrome. He asked instead for trial in the UK, stating that trial and incarceration in the US could be highly debilitating due to his condition.
Amazon's Orwell deletion garners a lawsuit
A Michigan teen has filed suit in Seattle against Amazon, maker of the Kindle eReader, for deleting a copy of 1984 on which he was keeping notes for his AP English coursework. Justin Gawronski is suing in order to impress on Amazon the importance of not simply deleting purchased texts -- whatever their copyright or licensing status.
The suit, which seeks class-action status for those affected by the deletion several weeks ago, also names Antoine J. Bruguier, a Kindle owner from Milpitas, California. KamberEdelson is the Chicago-based legal team handling the suit.
Joel Tenenbaum admits downloading music, found guilty of copyright infringement
Thursday was a far more lively day in the Joel Tenenbaum copyright infringement case, as the defendant admitted that he had downloaded -- and that he had not been forthright in his written discovery responses about having done so. Mr. Tenenbaum also took responsibility for uploading and downloading from multiple peer-to-peer services, confirmed that he'd listened to all 30 now-no-longer-contested songs (nuking his own legal team's earlier assertion that some of the 30 might have been spoofed files), and suggested that his mom -- a lawyer -- might have given him some shaky advice on how to answer RIAA fact-finding efforts.
It was, in other words, defeat-- defeat to such a degree that the Joel Fights Back group blog run by the defense team is currently headed by a post titled "Joel FOUGHT back." In that post, Debbie Rosenbaum, one of the students who stuck with the case to its bitter end, writes that "Although we could not win this case, we are proud to have highlighted the abuses and the inefficiency with which the music industry burdens the court system."
Yahoo deserved to die
It's not nice to speak ill of the dead, even if they're very much alive and only dead in the business sense of the word. But it's super easy these days to look at Yahoo's co-founder and ex-CEO Jerry Yang and laugh out loud at how he squandered tens of billions of dollars --and his company's very future as an Internet powerhouse-- because he thought he knew better.
The short strokes of this week's Microsoft-Yahoo Internet search partnership must make Mr. Yang sick to his stomach: What Microsoft was willing to spend upwards of $45 billion for barely 18 months ago it has now won for…nothing. Sure, Microsoft didn't swallow the company whole. It's just a partnership, after all. But that matters little in a search market where the two players were doomed to an eternity of irrelevance if they didn't get together at some point. Living together, marriage, whatever we call it, Microsoft figured out a cheap way to gain access to a much larger search audience, and Yahoo had no choice but to sign the papers and move in.
Is Apple attending CES or not? (Well, not.)
January's Consumer Electronics Show books up fast, as would-be congregants know well. But it seems that one potential attendee is still not committed as we roll into August -- interesting, since the world already knows what the fellow won't be attending in early 2010.
The erstwhile guest is Steve Jobs, of course, and with Apple already declining to take part in MacWorld next January, speculation has been rampant that Apple and its rock-star CEO would make the jaunt to Vegas. That speculation seemed to be strengthened by a post by Ben Charny for the Wall Street Journal, which claimed that Mr. Jobs would be not just attending but speaking.
Secret slide reveals Microsoft will lose $300 million on Yahoo deal before making $1
Microsoft CEO Steve Ballmer gave a little more information to financial analysts than perhaps he planned. There are two versions of his slide presentation -- one with a slide he didn't present this morning. I downloaded the PowerPoint file, and then noticed it had disappeared from Microsoft's investor website. That was so Microsoft could remove the errant, and quite revealing, slide.
The slide is surprising counter-commentary to Ballmer's opening presentation. He spent much of the early portion of his talk explaining why Microsoft cut the search deal with Yahoo, and why the costs were minimal to both companies. He told financial analysts: