Slashdot

eldavojohn writes "A formal complaint was filed in California (caged PDF) last week by John Lindstein naming David Miscavige and the Church of Scientology International as defendants. Lindstein claims that for sixteen years (from age 8) he was forced to work as a slave at Gold Base, a secret CoS site run by Golden Era Productions with 'razor wire, security guard patrols, surveillance posts, and three roll calls each day.' The pay was $50 a week. The allegations include 'Violations of wage and hour laws as well as unfair/illegal business practices actionable under California B&P 17200 Et. Seq.' and a complaint under the 13th Amendment of the US Constitution, which abolished slavery. Members of the group Anonymous praised the summons."

dasButcher notes that the Supreme Court will hear arguments next week brought by a Nevada accounting firm that asserts the oversight board for the Sarbanes-Oxley Act is unconstitutional. If the plaintiffs are successful, it could force Congress to rewrite or abandon the law used by many companies to validate tech investments for security and compliance. "Many auditing firms have used [Sarbanes-Oxley Section] 404 as a lever for imposing stringent security technology requirements on publicly traded companies regulated by SOX and their business partners. SOX security compliance has proven effective for vendors and solution providers, as it forces regulated enterprises to spend billions of dollars on technology that, many times, doesn’t prevent security incidents but does make them compliant with the law."

Nashville Guy writes "According to Australia's The Age, 'A New Zealand man living in Queensland and believed to be behind the world's largest spam operation, has been ordered to pay more than $16 million for running the illegal enterprise. Lance Atkinson, 26, originally from Christchurch, was living in Pelican Waters on the Sunshine Coast when the US Federal Trade Commission (FTC) had his assets frozen last year. ... The FTC found Atkinson and American Jody Smith were at the centre of the world's largest internet spam operation, dubbed 'AffKing,' having recruited spammers from around the world.'"

Arguendo writes "Martin Goetz, who obtained the first software patent in 1968, has penned a thoughtful defense of software patents for Patently-O. Goetz argues that there is no principled difference between software and hardware patents and that truly patentable software innovations require just as much ingenuity and advancement as any other kind of patentable subject matter. The Supreme Court is of course currently considering whether to change the scope of patentable subject matter in the Bilski case, which we've discussed before." Does it weaken Goetz's argument that his description of the software lifecycle harks back to the waterfall days and bears little resemblance to current development practice in open source and/or Internet contexts?

An anonymous reader writes "Nintendo is investigating potential copyright infringement by Nokia during some video demos of their N900 phone, which can be seen emulating Nintendo games. Nintendo spokesman Robert Saunders says: 'We take rigorous steps to protect our IP and our legal team will examine this to determine if any infringement has taken place.' In the video, Nokia says, 'Most publishers allow individual title usage, provided that the user is in possession of the original title.'"

superglaze and several other readers noted a piece up on ZDNet.co.uk reporting that last summer a pub in the UK was fined £8,000 after a customer downloaded copyrighted material on its Wi-Fi connection. According to the article, whose source was the Wi-Fi hotspot provider, it was a civil action and the pub was not identified because its owner had not given permission to release the details. Techdirt is skeptical as to whether or not the reported fine happened, given the sketchiness surrounding the details. If true, the ruling seems baffling to UK legal experts, according to ZDNet: "Internet law professor Lilian Edwards, of Sheffield Law School, told ZDNet that companies that operate a public Wi-Fi hotspot should 'not be responsible in theory' for users' illegal downloads under 'existing substantive copyright law.'" In a follow-up article, Prof. Edwards cautions that such hotspot operators should "watch out for the pile of copyright infringement warnings coming your way."

bennyboy64 writes "The Australian court case between the film industry and ISP iiNet drew to a close yesterday after the film studios issued an ultimatum: Take copyright responsibilities seriously or leave the industry. 'Businesses such as ISPs want to enjoy the benefit of being able to make money out of the provision of Internet service facilities and they enjoy that benefit. But it carries with it a responsibility,' said Tony Bannon SC, the film industry's lawyer. 'They provide a facility that is able to be used for copyright infringement purposes. If they don't like having to deal with copyright notices then they should get out of the business.' iTnews has done a short one minute interview with iiNet's CEO Michael Malone as he left the court on the final day. Also on the final day, the judge dismissed the Internet Industry Association's involvement in the case."

Mark.JUK writes with this excerpt from ISP Review: "Solicitors at ACS:Law have been granted approval by the Royal Courts of Justice in London to demand the private personal details of some 30,000 customers suspected of involvement with illegal file sharing from UK broadband ISPs. The customers concerned are 'suspected' of illegally file sharing (P2P) approximately 291 movie titles, they now face threatening demands for money (settlement) or risk the prospect of court action. It's noted that 25,000 of the IP addresses that have been collected belong to BT users."

Vainglorious Coward writes "When UK hacker and Asperger's sufferer Gray McKinnon lost the judicial review of his case it seemed likely that he would be extradited to the US to face charges of hacking almost a hundred systems causing $700,000 worth of damage. Today the UK home secretary rejected his last-ditch attempt to avoid extradition adding that 'his extradition to the United States must proceed forthwith.' McKinnon's relatives are expressing concerns for his health, with his lawyer going so far as to claim that extradition would make the 43-year-old's death 'virtually certain.'"

CWmike writes "Apple wants a federal judge to shut down Psystar's Mac clone operation and order the company to pay more than $2.1 million in damages, according to court documents. The move was the first by Apple since US District Court Judge William Alsup ruled that Psystar violated Apple's copyright and the Digital Millennium Copyright Act when it installed Mac OS X on clones it sold. Alsup's Nov. 13 order, which granted Apple's motion for summary judgment and quashed Psystar's similar request, was a crushing blow to the Florida company's legal campaign. In a motion filed Monday, Apple asked Alsup to grant a permanent injunction that would force Psystar to stop selling any computer bundled with Mac OS X; using, selling or even owning software that lets it crack Apple's OS encryption key to trick Mac OS X to run on non-Apple hardware; and 'inducing, aiding or inducing others in infringing Apple's copyright.'" Groklaw has summarized Apple's request as well, and noted that Apple has also filed a motion to dismiss Psystar's litigation in Florida (or transfer it to California, where the above injunction was filed).

Pabugs writes with news that popular torrent site Mininova has abandoned their attempts at filtering and simply deleted all torrents other than the legal ones they facilitate through their Content Distribution service. According to their blog post, they were left "no other option than to take [their] platform offline" after a court ruling from August. "The judge ruled that Mininova is not directly responsible for any copyright infringements, but ordered it to remove all torrents linking to copyrighted material within three months, or face a penalty of up to 5 million euros."

some_guy_88 writes "A grandmother used the internet to search 'pre-meditated + murder + penalties' shortly before her ex-partner was found strangled in a lounge chair west of Brisbane, a court has been told. She has pleaded not guilty. From the article: 'Opening the case to the jury this morning, Crown prosecutor Danny Boyle said Hughes and Mr Stewart had been separated, but remained living together at their property at Sommerholm, near Laidley. He said Hughes killed Mr Stewart because she believed he was having an affair with a 26-year-old woman who sometimes joined him on shooting trips.'"

angry tapir writes "Milan prosecutors have sought prison sentences ranging from six months to one year for four Google executives accused of violating Italy's privacy laws over the posting of a video showing the bullying of a handicapped teenage boy. The prosecutor's request was backed up by a request by lawyers representing the Milan city council for €300,000 (US$452,000) in moral and material damages. The case concerns the posting on Google Video of a three-minute mobile-phone video showing a handicapped boy being tormented by his classmates in a Turin school."

schwit1 writes "The Obama administration is seeking to reverse a federal appeals court decision that dramatically narrows the government’s search-and-seizure powers in the digital age. Solicitor General Elena Kagan and Justice Department officials are asking the 9th US Circuit Court of Appeals to reconsider its August ruling that federal prosecutors went too far when seizing 104 professional baseball players’ drug results when they had a warrant for just 10. Meet the new boss, same as the old boss."

Three Navy SEALs are facing assault charges after the capture of one of the most wanted terrorists in Iraq, Ahmed Hashim Abed. Abed is believed to have organized the murder and mutilation of four Blackwater USA security guards in Fallujah. The accused terrorist, who had a bloody lip, claims that he was punched in the face and not giving a foot massage, or allowed to listen to his iPod as one might expect when a SEAL team captures you. The SEALs have requested a trial by court-martial.

sciencehabit writes "For what may be the first time, fMRI scans of brain activity have been used as evidence in the sentencing phase of a murder trial. Defense lawyers for an Illinois man convicted of raping and killing a 10-year-old girl used the scans to argue that their client should be spared the death penalty because he has a brain disorder. Some experts say the scans are irrelevant because they were taken 20+ years after the crimes were committed. Others point out that the scans are only being considered because the sentencing phase of a trial has less stringent standards about evidence than those used to establish a defendant's innocence or guilt." In the Illinois case, the fMRI defense didn't help the defendant, whom a jury sentenced to death.

Sockatume writes "The UK's Human Genetics Commission has published its report on the collection of DNA by the Police forces in England and Wales. Currently, Police collect DNA from every suspect in a case which could lead to a criminal record, and retain that material, which the European Court of Human Rights has ruled illegal. The government plans to keep all DNA samples for suspects from England, Wales and Northern Ireland for up to six years, except for DNA from individuals arrested during terrorism-related investigations, which will be retained forever. The report states that the police frequently performed arrests solely to collect DNA, that certain demographics (such as young, black men) were 'very highly over-represented,' that there was 'very little concrete evidence' that the DNA database had any actual use in investigating crime, and that the database contained material from individuals arrested in Scotland and Northern Ireland, outside its remit. Of the 4.5m individuals in the database, a fifth have never received any convictions or cautions from the Police. The report recommends that an independent advisory body oversee the database, and that laws be passed to limit the uses of the database, while tracking those with access to it, and making misuse of the information a criminal offence."

tsu doh nimh writes "Alan Ralsky, the 64-year-old dubbed the 'Godfather of Spam,' was sentenced to 51 months in prison on Monday, the Washington Post's Security Fix blog reports. According to anti-spam group Spamhaus.org, Ralsky has been spamming since at least 1997, using dozens of aliases and tens of thousands of 'zombies' or hacked PCs to relay junk e-mail. Also sentenced — to 40 months in jail — was Ralsky's 48-year-old son-in-law, Scott K. Bradley, and two other men named last year in a 41-count indictment for wire fraud, mail fraud, money laundering and violations of the CAN-SPAM Act." And eldavojohn writes "19-year-old Dmitriy Guzner, Anonymous member and Scientology DDoS attacker, received one year and one day in jail for his admitted crime. His sentence could have been a maximum ten years. According to the Church of Scientology, Anonymous has harassed and attacked them with '8,139 threatening phone calls, 3.6 million e-mails, 141 million hits on its website, ten acts of vandalism against its property, 22 bomb threats, and eight death threats against Church leaders.'"

theodp writes "In May, the USPTO rejected Amazon.com's patent claims (PDF) for its Method and System for Placing a Purchase Order Via a Communications Network (a 1-Click spin-off). At the time, a USPTO Examiner cited Bilski, explaining that elements of CEO Jeff Bezos' gift-delivery invention 'may be performed largely within the human mind,' coming to essentially the same conclusion a NY Post reporter arrived at in 2002. But Amazon's attorneys have worked their legal wordsmithing magic (PDF), convincing the USPTO that 'obtaining delivery information for a gift from one or more information sources other than the gift giver and recipient' is indeed novel and patentable. A Notice of Allowance for the patent was mailed to Amazon on November 17th, just in time for Holiday Season injunction-giving!"

CWmike writes "iPhone owners charging Apple and AT&T with breaking antitrust laws asked a federal judge this week to force Apple to hand over the iPhone source code, court documents show. The lawsuit, which was filed in October 2007, accuses Apple and AT&T of violating antitrust laws, including the Sherman Act, by agreeing to a multi-year deal that locks US iPhone owners into using the mobile carrier. On Wednesday, the plaintiffs asked US District Court Judge James Ware to compel Apple to produce the source code for the iPhone 1.1.1 software, an update that Apple issued in September 2007. The update crippled iPhones that had been unlocked, or 'jailbroken,' so that they could be used with mobile providers other than AT&T. The iPhone 1.1.1 'bricked' those first-generation iPhones that had been hacked, rendering them useless and wiping all personal data from the device. The plaintiffs say that the source code is necessary to determine whether all iPhones were given the same 1.1.1 update, and whether it was designed to brick all or just some hacked iPhones."