Another new way to bring the idea of software patents into disrepute, per eWeek/SecurityWatch:
Security researchers, are you tired of handing your vulnerability discoveries over to your employer, as if that were what you’re paid to do? Helping vendors securing their products—for free—so that their users won’t be endangered by new vulnerabilities? Showing your hacking prowess off to your friends, groveling for security jobs or selling your raw discoveries to middlemen for a fraction—a pittance—of their real value?
Take heart, underappreciated, unremunerated vassals, for a new firm is offering to work with you on a vulnerability patch that they will then patent and go to court to defend. You’ll split the profits with the firm, Intellectual Weapons, if they manage to sell the patch to the vendor. The firm may also try to patent any adaptations to an intrusion detection system or any other third-party software aimed at dealing with the vulnerability, so rest assured, there are many parties from which to potentially squeeze payoff.
Intellectual Weapons is offering to accept vulnerabilities you’ve discovered, as long as you haven’t told anyone else, haven’t discovered the vulnerability through illegal means or have any legal responsibility to tell a vendor about the vulnerability.
Also, the vulnerability has to be profitable—the product must be “highly valuable,” according to the firm’s site, “especially as a percentage of the vendor’s revenue.” The product can’t be up for upcoming phaseout—after all, the system takes, on average, seven years to churn out a new patent. The vendor has to have deep pockets so it can pay damages, and your solution has to be simple enough to be explained to a jury. …
The firm says it “fully [anticipates] major battles.”
(“New Firm Eager to Slap Patents on Security Patches”, Jun. 7; Slashdot thread).
Tagged as:
deep pocket,
technology
“An outfit accused of having a long history of making spyware has sued PC Tools, the maker of Spyware Doctor for preventing its product from working.” (Nick Farrell, The Inquirer, May 21). Reports InfoWorld:
According to a posting on a blog called Spamnotes.com, Zango is seeking at least $35 million in damages, alleging that Spyware Doctor removes Zango’s software without warning users that it will be deleted. The lawsuit was filed Tuesday in King County Superior Court in Seattle, according to Spamnotes.com.
Formerly known as 180solutions, Zango is trying to clean up its tarnished reputation. In November it paid $3 million to settle U.S. Federal Trade Commission charges that its software was being installed deceptively on PCs.
PC users have complained that the software has been installed without warning, forcing them to endure unwanted pop-up ads. The company has also been accused of tracking user behavior and making its software too difficult to remove.
(Robert McMillan, “Zango sues antispyware vendor PC Tools”, May 18; Slashdot thread; Grant Gross, “FTC settles with adware company”, InfoWorld, Nov. 3; Jeremy Kirk, “Reformed adware vendor still under fire”, Jul. 17; Slashdot thread, Jul. 10, 2006).
Tagged as:
Seattle,
technology
John Dvorak says hyperactive lawyering should bear much of the blame (MarketWatch, May 3).
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technology
According to an Apr. 25 announcement, “Internet Archive, a library of historical Web site content, and Suzanne Shell, the author and owner of the Web site www.profane-justice.org, jointly announced today the settlement of their lawsuit, which stemmed from the archiving of Ms. Shell’s Web site in Internet Archive’s Wayback Machine. … The Internet Archive said, ‘Internet Archive has no interest in including materials in the Wayback Machine of persons who do not wish to have their Web content archived. We recognize that Ms. Shell has a valid and enforceable copyright in her Web site and we regret that the inclusion of her Web site in the Wayback Machine resulted in this litigation. We are happy to have this case behind us.’” The Wayback Machine allows interested persons to go back to examine what particular web pages looked like at earlier dates. Jason Lee Miller has more at WebProNews (Apr. 25) as does John Ottaviani at Technology and Marketing Law Blog (Mar. 14 and May 1), both focusing on Shell’s theory that visiting spiders are capable of creating contractual relations. We covered a case raising some of the same issues on Jul. 13, 2005.
Tagged as:
copyright,
technology
As David noted the other day, Florida attorney Willie Gary, whose doings are often mentioned on this site, had asked that a court award fees of $11,000 an hour for his work in a trade secrets suit against Motorola. Readers may be interested in the sequel: Circuit Judge Leroy Moe awarded Gary and other lawyers only around a quarter of their request, amounting to $23 million of the asked-for $96 million in fees and costs. The judge also passed over a request that Motorola be hit with $100 millions in sanctions and restitution, though Gary might be able to obtain further consideration of that request. (Adrian Sainz, “Motorola ordered to pay $22.9 million”, AP/Miami Herald, Apr. 20)(via Ashby Jones, WSJ Law Blog).
Tagged as:
technology,
Willie Gary
“In the wake of Monday’s horrific shootings at Virginia Tech, video game scourge Jack Thompson went on Fox News and argued that violent video games were probably to blame. … he went on TV to make the claims before anyone really knew anything about the shooter or his reason for doing what he did.” (Daniel Terdiman, Gaming Blog, Apr. 17; video clip; Brian Crecente, “Dissecting Jack’s Lies”, Kotaku, Apr. 17). More: Mike Musgrove, Post I.T., Washington Post.com; Geek.com; Palgn.com.au (Australian); Wired.com Game/Life blog (TV’s “Dr. Phil” takes same line).
Tagged as:
Australia,
Jack Thompson,
technology,
Virginia Tech
“Arizona regulators have ordered a Seattle-based online home price estimator to stop doing business in the state.” Zillow.com has won wide popularity by applying algorithms to publicly available data to come with rough estimates of the value of existing homes, which it makes available for free through its site. The Arizona Board of Appraisal says that Zillow should not be dispensing such information without an appraiser’s license. (“Arizona bars online home price estimator”, AP/Tucson Citizen, Apr. 15)(& Coyote Blog).
Tagged as:
Arizona,
Seattle,
technology
Cory Doctorow talks back to the online Terms of Service proffered by a bed outfit by the name of Sleeping Earthed (Boing Boing, Feb. 1)(more on EULAs/End User License Agreements).
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technology
A site parodying the popular MMORPG Second Life, “Get A First Life” (“First Life is a 3D Analog World Where Server Lag Does Not Exist”) gets what appears to be a proceed and permit response from the original (via Volokh, though I really was going to blog about this a few days ago when Slim pointed it out to me).
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technology
My Manhattan Institute colleague Peter Huber does the best job I’ve seen of raising doubts about the proposal (“The Inegalitarian Web”, Forbes, Feb. 12).
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Manhattan Institute,
technology
Nintendo has already begun shipping a stronger strap and has offered free replacements to those who bought the hit game with the original strap, but that didn’t save it from a would-be class action suit filed by the law firm of Green Welling LLP, claiming to represent all buyers of the device. (Marcus Yam, “Lawsuit Filed Against Nintendo For Defective Wrist Straps”, DailyTech, Dec. 20; Consumerist, Dec. 20; Eric Bangeman, “Nintendo sued over Wiimote straps”, ArsTechnica, Dec. 19). ArsTechnica previously published a three-part series on class actions and problems with their workings, with an emphasis on tech cases (Nate Anderson, “A look at class-action lawsuits”, May 2).
Tagged as:
class actions,
technology
Business Week is urging us all to take seriously a lawsuit by IBM employee James Pacenza of East Fishkill, N.Y., sacked for improper internet use at work. Pacenza’s attorney has filed a $5 million wrongful-termination suit and is advancing web-addiction theories/excuses for his client. Business Week quotes various sources who are eager to predict some sort of emergent legal status for internet addiction — maybe as a covered condition under the Americans with Disabilities Act — but it all still seems pretty unlikely to me. (Catherine Holahan, “Virtually Addicted”, Dec. 14). On “BlackBerry addiction”, see Oct. 2, etc.
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BlackBerry,
disabled rights,
technology,
workplace
Another way videogames are responsible for violence? “A furious Mayor Thomas M. Menino vowed yesterday to bill Sony Corp. for the chaos that swirled around the release of its PlayStation 3 machine after Boston police had to quell crowds grown frenzied and unruly by the hype surrounding the coveted consoles.” (Marie Szaniszlo, “Lucky few got game: Crowds go after PS3s, mayor goes after Sony”, Boston Herald, Nov. 18)(via Cutting Edge of Ecstasy, who comments).
Tagged as:
technology,
videogames
Someone messed up big by failing to remove this amusing little bit of verbiage hidden away in a patent application (Eugene Volokh, Nov. 1).
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technology
Universal Tube & Rollform Equipment, an Ohio company, says its website utube.com gets more than 2 million erroneous clicks a month from persons who don’t realize how to spell the name of the hit shared-video site. “The lawsuit asks that YouTube stop using the youtube.com domain name or reimburse Universal Tube for the cost of establishing a new corporate identity.” (Elinor Mills, CNet, Nov. 1; Matthew Sussman, BlogCritics, Nov. 1).
Tagged as:
Ohio,
technology
Jack Thompson, the Florida lawyer with a seldom-rivaled knack for keeping this site supplied with material (Oct. 20, etc., etc.), has fired off a cease-and-desist letter to the publisher of Mortal Kombat: Armageddon demanding that it stop publication of the game because participants can use it to create characters based on him. A Slashdot posting explains that Thompson’s “image is not actually a selectable character in the game,” but John Scalzo at the Gaming Target website (scroll down) has published instructions on how to use the game’s build-a-fighter mode to create a character based on Thompson, widely loathed among hobbyists because of his courtroom assaults on popular games (among the character’s features: “puffed out self-important look… Banshee Scream. …no victory pose because, let’s face it, he’s never won”). More: XBoxic, GameShout, CNet/GameSpot (& welcome Ron Coleman readers).
Tagged as:
Jack Thompson,
technology
The company almost seems to base its business plan on stepping into legal trouble (Katie Hafner, New York Times, Oct. 19).
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technology