Sqrat — A Copyright Case That Explains Summary Judgments

Here’s a copyright infringement case, Silberstein v. Fox Entertainment Group Inc., just recently decided in the Southern District of New York, that explains quite a lot about summary judgments and how they are decided, as well as quite a bit about copyright. I thought you would find it helpful, even though it isn’t a Utah case, because while there are differences from place to place, as you know, the general concepts apply. I think you will understand the hearing on the upcoming IBM partial summary judgment motion better — what isn’t likely to fly as well as what might — if you read it. Of course, you have to extrapolate. It’s a long decision, and you may not all find this as fascinating as I do, so I’ve marked the particularly helpful or essential sections in colored text so you can skim, if you wish. [GrokLaw]

Apple & Real disharmony

Following Real Network’s announcement of Harmony, which allows music in other formats to be played on an iPod, Apple issued the following statement:

We are stunned that RealNetworks has adopted the tactics and ethics of a
hacker to break into the iPod(R), and we are investigating the implications of
their actions under the DMCA and other laws. We strongly caution Real and
their customers that when we update our iPod software from time to time it is
highly likely that Real’s Harmony technology will cease to work with current
and future iPods.

[MacMegasite]

Motorola posts iTunes announcement movie

Earlier this week Apple and Motorola announced the development of a version of Apple’s popular iTunes music player software created to run on Motorola cell phones. The software — expected to make its debut as standard issue on new Motorola mobile handsets planned for release in the first half of 2005 — will allow Mac and PC users to send music, including songs purchased on the iTunes Music Store, to Bluetooth and USB-equipped mobile handsets. Apple CEO Steve Jobs spoke during the announcement. Now Motorola has posted the video online, in MPEG format. [MacCentral]

Back to Back Champions

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The Big Slammers once again prevailed and won the Softball league championship. Technically, it was only the lower division championship – but it is another championship nonetheless. Sad that the season is over and the mandatory after game trips to Zips. We didn’t get to Zips as often this year as the participation level for the team was very high and sometimes too many people to fit into Zips. Kudos to the team! Great job!

Reuters : U2 Readies iTunes Release if New Album Pirated

By Steve Gorman

Source : Reuters

Irish rock band U2 might rush release its upcoming album as a legal download on Apple’s iTunes music store if unfinished material from a CD copy that went missing ends up pirated on the Internet, a source close to the band said on Friday.

While U2’s label, Interscope Records, insisted it had no plans to change the intended November debut of the album, the source said an early iTunes release “is certainly one of the alternatives” should an (…) [U2 WORLD NEWS]

Toyota Patents Winking, Laughing, Crying Car

theodp writes “If the patent system ain’t broke, don’t fix it: The NY Times/IHT reports that four inventors working for Toyota in Japan have won a patent for a car that they say can help drivers communicate better by glaring angrily at another car cutting through traffic, as well as appear to cry, laugh, wink or just look around.” The article goes on to describe “…a car with an antenna that wags, an adjustable body height, headlights that vary in intensity and hood slits and ornamentation designed to look like eyebrows, eyelids and tears.” [Slashdot]

TIVO Bug Shuts Out Many Series 1 TiVo Owners?

Didion Sprague writes “A bug in recently released DirecTv/Tivo software is allegedly causing major chaos with many Tivo users — forcing many users over the past few days to upgrade their Series 1 Tivo boxes to newer, Series 2 models (which retail for $79). Apparently lots of folks on the TIVO Community forum and DBS forums are frustrated and angry. The bug has apparently been reproduced and causes the video stream to freeze when a combination of factors are met. DirecTv has been offering users who complain a $79 credit — but hasn’t admitted the problem, let alone offered up a timetable for a fix. The problem only occurs with the DirecTv Tivo boxes — not the standalone models.” [Slashdot]

Maybe Software Patents Won’t Kill FOSS After All

Roblimo writes “Lawrence Rosen, attorney for the Open Source Initiative, doesn’t seem to be as worried about software patents’ effects on open source development as some Slashdot readers. In this article he says, ‘Don’t be too paranoid about the patent problem. It’s a real problem, but not a catastrophe. Any patent owner that tries to assert its patents against open source software has many hurdles to leap before the royalty checks start to arrive.’” [Slashdot]