Posts Tagged ‘Microsoft’

Surveillance roundup

  • “That Thing They Said They’re Not Doing? They’re Totally Doing.” [Daily Show with Jon Stewart] “Exactly What the State Says to Deceive You About Surveillance” [Conor Friedersdorf]
  • “Warrantless Cellphone ‘Tower Dumps’ Becoming Go-To Tool For Law Enforcement” [Tim Cushing, TechDirt; Ellen Nakashima, Washington Post; David Kravets, Wired; USA Today (local law enforcement using, not just federal)]
  • Google, Apple, Microsoft, Facebook, Twitter, Yahoo, AOL, LinkedIn, but telecoms absent: “U.S. Tech Industry Calls for Surveillance Reform” [Corporate Counsel, EFF, Marvin Ammori/USA Today]
  • New Federalist Society symposium on NSA/FISA surveillance and bulk data collection includes names like Randy Barnett, Jim Harper, Jeremy Rabkin, Stewart Baker, Grover Joseph Rees [Engage, Randy Barnett]
  • Nowadays “law enforcement can feel free to admit their traffic stops are pretextual” Thanks, Drug War! [Popehat] “Sobriety Checkpoints Paved Path to NSA Email Spying” [Wired]
  • FATCA, the intrusive overseas tax enforcement law, isn’t couched in public controversy as a federal data-snooping issue, but it should be [Radley Balko, McClatchy]

September 15 roundup

  • Falling tree limb injures woman, jury orders city of Savannah to pay $12 million [Insurance Journal]
  • Dept. of Interior mulls lowering threshold for federal recognition of Indian tribes [AP]
  • Section 230: “The Law that Gave Us the Modern Internet, and the Campaign to Kill It” [Derek Khanna, The Atlantic]
  • Interview with false-memory expert Elizabeth Loftus [Slate]
  • “No meaningful costs or downsides” to the Microsoft antitrust case? Really? [Tom Bowden]
  • NSA covertly intervened in standards making process to weaken encryption standards [Mike Masnick, TechDirt] After being rebuffed by public opinion in quest for dragnet surveillance programs, NSA quietly put programs in place through other channels [Jack Shafer; related, Ken at Popehat]
  • Given the limitations of litigation, better not to lament the shortcomings of the NFL concussion settlement [Howard Wasserman]

Patent litigation vs. software startups

Bad enough to be an established software firm and get hit with lawsuits from competitors or patent trolls. But even companies at the early startup stage now face legal attack, and patent law (unlike copyright) assigns liability even if there has been no knowing act of imitation or appropriation, which complicates the task of defense. “Merely asking a patent lawyer to evaluate the case and advise a company on whether it was guilty of infringement could cost a firm tens of thousands of dollars. And a full-blown patent lawsuit could easily carry a price tag in the millions of dollars, with no guarantee of recovering attorney’s fees even if the defendant prevailed.” In practice, some firms like Microsoft whose portfolios amount to “patent thickets” can establish themselves as gatekeepers to the industry. [Timothy Lee, Slate]

And: “New Patent Regs May Inspire More Litigation, Not Less” [Daniel Fisher, Forbes]

August 11 roundup

  • Seattle’s best? Class action lawyer suing Apple, e-publishers has represented Microsoft [Seattle Times, earlier]
  • “Disabled” NYC firefighter/martial arts enthusiast can go on getting checks for life [NYPost; compare]
  • After the FDA enforcement action on drug manufacturing lapses come the tagalong liability claims by uninjured plaintiffs [Beck]
  • “What If Lower Court Judges Weren’t Bound by Supreme Court Precedent?” [Orin Kerr]
  • Fark.com settles a patent suit for $0 (rough language);
  • Canadian law society to pay $100K for asking prospective lawyers about mental illness [ABA Journal]
  • Self-help eviction? “Chinese Developers Accused Of Putting Scorpions In Apartments To Force Out Residents” [Business Insider]

November 10 roundup

October 22 roundup

  • Unsafe at any read: new Ralph Nader novel panned by Chris Hayes, Washington editor of The Nation [Barnes and Noble Review via Suderman, Reason]
  • Microsoft says “most, if not all” customer data from T-Mobile Sidekick smartphones has been recovered, but class action lawyers say they’re undeterred [Seattle P-I]
  • Sue them all and sort things out later? Lawsuit over Air France Airbus crash off coast of Brazil names long list of aerospace suppliers as defendants [Reuters]
  • “No cash for this clunker”: opposition mounts to proposal for Massachusetts public law school [Boston Herald editorial via Legal Blog Watch, earlier link roundup at Point of Law]
  • Ralph Lauren experiences Streisand Effect over skinny-model nastygram [Althouse, earlier]
  • High-profile L.A. plaintiff’s lawyer Walter Lack speaks under questioning about role in Nicaraguan banana-worker suit against Dole [Recorder, earlier, background] And: “Dole on a Roll: Court Declines to Enforce $97M Judgment” [WSJ Law Blog, Bloomberg]
  • Miller-Jenkins lesbian custody case, much meddled in by conservative religious groups, recalls the ways divorced dads get cut out of their kids’ lives [Glenn Sacks/Ned Holstein via Amy Alkon, background]
  • Daniel Kalder speculates on why the New York Times editorially “purred with approval” of the new FTC blogger regulations in such an “impressively superficial” way [Guardian Books Blog]. More on FTC’s semi-backtracking on the controversy: Media Bistro “Galleycat”, Publisher’s Weekly, Galleysmith. And having been hoping for ages to get a link some day from blogging legend Jason Kottke, this one will go in the souvenir file [Kottke.org]

September 9 roundup