Will Viacom's public airing of YouTube's dirty laundry change the Web forever?
The key issue at the heart of Viacom's case against Google and YouTube, filed in March 2007, concerns whether an Internet service that probably knows that files are traded or shown illicitly or without license there, deserves the "safe harbor" provisions of the Digital Millennium Copyright Act that protect ISPs from liability for their customers' actions. In a summary judgment motion filed yesterday with US District Court in New York and unsealed this morning, Viacom is bidding to have the judge wrap up the case -- an obvious signal that it believes its case is already strong enough.
As US law stands now, a service such as Grokster or the original Napster (not the Best Buy division that today uses that name) is liable when it intentionally establishes its service for the express purpose of trading in illicit files. It's especially liable when it finds some way to advertise itself for that purpose. An Internet Service Provider such as Comcast or Cox is not liable when its service is used for accessing one of these sites, when it doesn't advertise or offer these services explicitly, and when a customer can access them without direct intervention from the ISP. And a video site such as Veoh is not liable when any measure it might take to stop customers from sharing illicit files may also conceivably infringe upon the free speech rights of other customers who may not be trading such files.
A tale of two "red alerts:" Which Windows warnings should you heed?
Literally every day at Betanews, we get at least one security vendor "alert" of some type, warning us to be on the lookout for the latest malware. The message is always the same: Advise users to stay vigilant, to keep patching, to upgrade their antivirus to the latest editions. But the profiles of the malware typically look the same, too -- stuff you might click on by accident, links pretending to be from your "best friend" in an e-mail message, ads for products that look too good to be true.
For many of us, the situation is getting to be like the US' terror alert level, which has remained at "Yellow" since the fall of 2007. We starting to forget what "elevated" vigilance means. And maybe that's a problem, because lack of attention to advice about real threats could become as dangerous as lack of attention to any one of those miracle weight-loss links.
Nvidia admits GeForce drivers responsible for fan problems, issues updates
Download Nvidia ForceWare Drivers for Windows version 197.13 from Fileforum now.
Version 196.75 of Nvidia's GeForce/Ion drivers were indeed responsible for fan overheating problems reported by users. That's the verdict from Nvidia, which in a second round of responses to customer concerns has released version 197.13, which it assures users doesn't have the problem.
Preliminary results: IE9 tech preview performs 7.8 times better than IE8
In the first series of comprehensive performance tests comparing Microsoft's Internet Explorer 9 technical preview, released yesterday, to stable Web browsers in current use today, Betanews confirmed superb speed gains by the IE9 chassis in specific categories. Not everything in the new IE9 was faster than IE8, but in the computational department, the development team's Chakra JavaScript engine shows much-needed gains.
In anticipation of IE9, Betanews has been developing a radically improved set of performance tests to complement (and, in a few categories, replace) those we've used in recent months. Our objective is to determine not just how much faster IE9 is, but how much better and more efficient it will be, in computing data, in rendering on-screen objects, and in adapting to varying workloads.
Microsoft loses another jury verdict, this time over obviousness of VPN patent
Usually the purpose of a virtual private network is to establish a secure, tunneled route between two points in an IP network. Is the idea that such a network could be secured using two encryption layers rather than one, and without the need for a user to log in first, worthy of a patent? These were questions central to the latest Tyler, Texas patent infringement case for Microsoft to lose: VPN technology provider VirnetX was awarded $105.75 million yesterday, in a case closely followed by the Seattle P.I.'s Nick Eaton.
It's clear from a reading of VirnetX's key patent on VPN technology, issued in 2002, that it is an attempt to go one step further with the VPN concept. The firm calls its system Tunneled Agile Routing Protocol (TARP). Here, the communications between VPN hosts are encrypted at one level, but then the routing information is hidden behind a second level. The intent is to hide not only what's being talked about or shared over a VPN, but who is sharing it, and what route it's taking to get there.
Internet Explorer 9, the HTML 5 browser: Better than half-way there
Download Microsoft Internet Explorer 9 Platform Preview via Fileforum now.
[Today's delay in Betanews bringing you Internet Explorer 9 news was brought to you as a public service by the Cable Modem: Your Best Friend When It's Crunch Time. Remember, where there's smoke, there's a Comcast cable modem. Smell one today.]
IE9 technology preview goes live, Microsoft claims scores 55% on Acid3
Download Microsoft Internet Explorer 9 Platform Preview via Fileforum now.
This afternoon, Microsoft lifted the curtain on the first Internet Explorer 9 technology preview for developers. Initial demos at MIX 10 in Las Vegas by IE9 team leader Dean Hachamovitch reveal a minimum of end user features at this point -- the preview is described as a lightweight frame on top of a highly improved chassis.
UK Lords pass bill to create Internet anti-piracy enforcement office
The British House of Lords has passed a bill that might, if enacted into law, put the UK's Parliament at odds with the European Commission over how best to enforce copyright anti-infringement laws. Called the Digital Economy Bill, it would charge Internet service providers with the task of keeping track of suspected file sharers and copyright violators, and reporting on them to copyright holders as well as to the country's Office of Communications (OFCOM).
As the bill is currently written, OFCOM would be charged with determining the "initial obligations" of Internet service providers with respect to suspected infringers, provided those obligations meet the specific guidelines. It would be up to OFCOM, should the bill be enacted, to determine all the specifics -- the "fiddly bits" -- such as how ISPs monitor their customers ("subscribers"), at what stage it becomes necessary to report on their activities, how long they retain information on those customers, and what else they do with that data. In the UK, regulations enacted by a regulatory body such as OFCOM are called codes.
Google: No word yet on China pullout, negotiations continue
Despite an erroneous headline crossing wire services early this morning, which led blogs and even news services to believe Google had already begun a pullout from China, a Google spokesperson has clarified for Betanews today that no announcement has yet been made about any such pullout.
Declining to speak further on the matter, the spokesperson reiterated an earlier statement, which the spokesperson says remains true as of this moment: "We are in active discussions with the Chinese government. We have also been clear that we will no longer self-censor in China."
Silverlight 4 RC, the Windows Phone 7 platform, downloadable today
Download Windows Phone 7 Series Developer Tools Customer Technology Preview from Fileforum now.
As expected, Microsoft is opening the gates for the first (probably the only) Release Candidate for Silverlight version 4 today, for developers who have been playing with the beta in Visual Studio 2010 since last November. The message of the day for Monday from Microsoft is Silverlight 4 as the functionality platform for Windows Phone 7 Series. (The "other series," for now, isn't being mentioned -- at least it wasn't as of 10:20 Pacific Time this morning.)
IE9, Windows Phone, Silverlight: What can we expect from Microsoft at MIX?
At this moment, Microsoft is kicking off what is probably the most important MIX conference since 2006, with three make-or-break developments in key product categories taking the spotlight. Since January, the company has dished up a very cloudy picture of Windows Phone, and I don't mean in the sense of "cloud computing." That incomplete picture of the company's newly bifurcated roadmap was perhaps intended to spark anticipation and excitement, but instead in some quarters, it's sparked outright anger: What is the system that we now know to be Windows Mobile, supposed to become?
Windows Phone, and Windows Other Phone. At CES, we were told to expect the future of Windows Mobile. Correction, we were told later, it's not Windows Mobile. That particular episode was reminiscent of a 1970s detergent commercial: No, Mrs. Clawson, you're not using Tide, you're using new improved Tide! So we had a cute little name change. Correction, no we didn't, because New Improved and Classic will co-exist. But will they be compatible? Well, suppose Classic edition is called "Starter Series," or something to that end. If you start at one end of the product line, that naturally implies you're progressing to the other end, and that implies compatibility, right? Sure. Correction, not necessarily.
Again, it's over: Microsoft loses second review of Word appeal
A permanent injunction against Microsoft selling versions of Word that contain XML editing ability effectively remains in place today, after a shot-in-the-dark appeal by Microsoft of its appeals loss last December was shot down Wednesday by the DC Circuit Court of Appeals.
Although Microsoft is no longer distributing versions of Word or Office with an XML editor that a jury found infringed upon the patents of former development partner i4i, it made a face-saving effort to change the record of history. Such a change would have shown that Microsoft did not borrow the ideas behind a Word plug-in that i4i demonstrated, for its own purposes, knowing that i4i held a patent on those ideas.
In a more complicated gaming world, OpenGL 4.0 gets simpler, smarter
Despite the fact that game console manufacturers still drive studios toward exclusivity for individual titles, so that a popular Xbox 360 game isn't available for PlayStation 3 and vice versa, developers within those studios are insisting more and more upon cross-platform flexibility and portability. While they may be restricted to one console, they don't want those borders to extend to computers or to handsets.
For this reason, the Khronos Group has become more and more important to developers, and OpenGL is no longer being perceived as some kind of fallback standard, as in the phrase, "Your graphics use only OpenGL. Today, OpenGL is developers' ticket to portability between PCs, consoles, and handsets, and it's the only technology shining a ray of hope for cross-console portability should it ever become politically feasible.
Early praise for Google Maps' bike routes
The nice thing about the Internet, or so I've been told, is that it has all this information. Perhaps you've noticed this lately, but the big problem has been that there's no one way to get at this information with any kind of consistency.
Supposedly Google is the "portal" for most of the world's information, which may be why so many people find Betanews by typing "Betanews" in Google. In one respect, you might expect Google to have an interest in creating that consistent methodology for getting at information. On the other hand, given that so many folks depend on Google Search just as it is now, you could see how Google might very easily come to the conclusion that there's no new benefits to be gained through improving its software, just to keep the user base it already has.
Giant inflatable pig used in recording studios' Washington war with broadcasters
The danger with waging a populist political war is in potentially boiling down one's message to such a degree that it ends up insulting and patronizing the very people the message is targeting. The case in point could not be made clearer this afternoon in Washington, DC, as The Hill's Kim Hart first discovered: A handful of otherwise unnoticeable protestors outside the headquarters of the National Association of Broadcasters erected an 18-foot inflatable pig, bearing the message, "Fair Pay for Musicians."
The pig has become the mascot of the MusicFirst Coalition, the performers' rights agency that collects and distributes royalties. For the last few years, MusicFirst has campaigned extensively against the decades-old exemption of terrestrial radio broadcasters (as opposed to Internet radio) from paying performers' royalties. Stations continue to pay royalties to rights holders, which in the end, include many of the recording industry institutions also represented by MusicFirst.
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