Blackmoor Vituperative

Crecente could barely burble out the origins of this adorable little video between LOLs, but I find it more sad than anything. There is nothing more sniffleworthy than a worn-down Russian bear weeping helplessly in a video arcade.

DHALSIM: Every once in a while I pull out the old SNES, and I beat the shit out of myself. It makes me feel better somehow.

But the clip ends on a positive note, as the two dethroned champions resolve to get it going on once again.

(from Kotaku, Street Fighter, the Later Years)

I think it’s cute.

Barney’s days as a litigious purple Tyrannosaur that terrorized Web sites daring to poke fun at his sizable girth or singing abilities have become extinct.

Lawyers for the plush children’s icon have agreed to pay $5,000 to settle a federal lawsuit filed against them in August by the Electronic Frontier Foundation, which was defending an anti-Barney Web site called the “Source of All Evil.”

The settlement, announced on Tuesday, caps a five-year campaign by the New York firm of Gibney, Anthony and Flaherty to rid the Internet of unflattering images of its plump saurian client.

(from ZDNet, Barney’s legal threats end up extinct | Tech News on ZDNet)

I would like to see us get to the point when lawsuits like this one are immediately thrown out as frivolous. And $5000 is too little. What’s that, a day or two of one lawyer’s time? For using the legal system to bully law-abiding citizens for years? That’s an outrage.

But let’s hope this is the start of a trend.

Way to go, EFF.

It appears the Russian government has agreed to shut down popular music site AllofMP3.com in order to appease US objections to it joining the World Trade Organisation (WTO).

However, the management of the site still insists it is legal.

The summary of negotiations from the US Trade Representative, dated 19 November, names AllofMP3.com as an illegal distributor of music. The letter outlines an agreement between the US and Russia on what it must do in order to join the WTO.

The summary says: “The United States and Russia agreed on the objective of shutting down websites that permit illegal distribution of music and other copyright works. The agreement names the Russia-based website allofmp3.com as an example of such a website.

“Russia will take enforcement actions against the operation of Russia-based websites, and investigate and prosecute companies that illegally distribute copyright works on the internet.”

But Putin’s government might have a fight on its hands.

Mediaservices, the parent company of AllofMP3 and Alltunes, put out two statements again insisting the services are completely legal. An FAQ on the site – available here – claims the service is legal under Russian law.

Another document explains why it is legal for US consumers to buy music from the site. The company also again offered to take down any material which rights holders want removed from the site.

Vadim Mamotin, director general at Mediaservices, said: “If the RIAA had done its homework, it would have discovered that even under US law consumers apparently have a legal basis to purchase music from AllofMP3. There is absolutely no legal basis for the campaign against AllofMP3.”

The US’ letter calls for legislation to stop such sites by 1 June 2007. “Amendments to the law to provide that collecting societies may act on behalf of rights holders that explicitly authorise such action; and provisions needed to implement the World Intellectual Property Organisation Copyright Treaty and WIPO Performances and Phonograms Treaty.”

The US also wants Russia to increase penalties for convicted pirates and to protect information relating to pharmaceutical tests.

The Russian government also promises to take action against CD and DVD pirating companies using military facilities to make their copies. The side letter says: “Ensure that facilities on the territory of government-controlled military-industrial sites are not leased or otherwise made available to companies producing optical media bearing content protected by copyright or related rights.”

The summary of bilateral negotiations is here, the side letter is here, or you can see allofmp3’s FAQ here.

Allofmp3 is very much online at the time of writing. Site monitoring service Pingdom reveals the site has only had 18 minutes of downtime in the last week. More here.

(from The Register, AllofMP3 faces more government action)

It appears that the Digital Rights Mafia and the media robber barons have successfully conned and/or bribed the US government into oppressing foreign countries for profit. I guess RIAA, MPAA, and their ilk looked at the War For Oil and figured what’s good for the goose is good for the gander. Scumbags.

I am disappointed in Russia. What happened to the Russia that faced down the richest nation in the world for decades? What happened to the Russia that put missiles off our coast and dared us to blink? Damn, I miss the Cold War. The USSR may have been evil (and they were definitely evil), but at least they had a spine. It’s just sad when one of the great nations like Russia (Russia is a great nation, make no mistake) caves in to bullying from puppets of the Digital Rights Mafia. It’s just depressing.

Not to mention that the Russians made better movie villains. Who do we have for movie villains nowadays? Terrorists? Pfft. Terrorists are pathetic losers. There’s no glory in fighting religious nutjobs who have nothing to lose. It’s as glamorous as spraying for cockroaches. Big corporations and/or organized crime? Please. They’re just common criminals. Call an honest cop and shut them down. The USSR, now, that was a movie enemy you could respect.

sigh

U.S. Supreme Court justices on Tuesday appeared to take issue with the current legal standard for granting patents, which many high-tech firms claim is ineffective at weeding out inventions that should be obvious.

During hour-long oral arguments in a case that’s closely watched by the business community, Chief Justice John Roberts suggested that an existing federal court test for determining patent obviousness relied too little on common sense. Justice Antonin Scalia went so far as to call the test “gobbledygook” and “meaningless.”

“It’s worse than meaningless because it complicates the question rather than focusing on the statute,” Roberts went on to say of the test, which requires evidence of a past “teaching, suggestion or motivation” that would lead to a particular invention in order for it to be declared “obvious.”

The case, rooted in an obscure patent spat about gas pedal designs between the Canadian firm KSR International and Pennsylvania-based Teleflex, has attracted the attention of high-tech, pharmaceutical, biotechnology and other patent-dependent firms because because it addresses one of the fundamental questions in patent law: What makes an invention, particularly a combination of existing parts, too “obvious” to warrant protection?

If the high court decides to rewrite the legal standard of patent “obviousness” to make it more restrictive, it could have wide-ranging effects by reshaping U.S. intellectual property law and reducing the number of marginal patents. Tuesday’s arguments are the only ones that will be heard in the case. A decision is expected by July 2007.

(from ZDNet, Supreme Court weighs ‘obviousness’ of patents)

I have to admit, I am completely surprised that the Court is even hearing these arguments. But this is actually the third major patent case the Court has heard this year. It’s almost enough to put a dent in my knee-jerk cynicism.

The response time of a Web page is critical to an application being fully utilized since users will quickly navigate to another site when/if load times are unacceptable. In this article, Tony Patton examines ways to optimize Web applications.

Optimize Web applications with reduced page size

There is nothing earth-shattering in this article, but it offers good, solid advice.

A federal district judge on Friday rejected the Bush administration’s request to halt a lawsuit that alleges AT&T unlawfully cooperated with a broad and unconstitutional government surveillance program.

U.S. District Judge Vaughn Walker said the lawsuit could continue while a portion of it was being appealed, despite the U.S. Justice Department’s arguments that further hearings and other proceedings would consequently endanger national security.

[…]

Friday’s ruling represents another preliminary victory for the Electronic Frontier Foundation, which filed its lawsuit against AT&T in January. In its suit, the EFF charged that AT&T has opened its telecommunications facilities up to the National Security Agency and continues to “to assist the government in its secret surveillance of millions of ordinary Americans.”

The ruling is also a win for attorneys in 47 other cases against numerous large telecommunications providers. The cases are in the process of being consolidated into one mammoth lawsuit in the northern district of California.

Last week, the Justice Department filed a 27-page request (click for PDF) saying at the least, the court should halt the AT&T case because any proceeding would “indirectly confirm or deny classified facts and cause harm to the national security.”

(from ZDNet, Judge won’t halt AT&T wiretapping lawsuit)

The Justice Department assertion is, of course, complete crap.

A study by the Australian Institute of Criminology revealed that software and music industries couldn’t explain how they calculated piracy losses, even though this data was used for lobbying efforts and in court cases (The Australian reports).

According to The Australian, the Music Industry Piracy Investigations (MIPI) – a body responsible for “investigative and intellectual property rights enforcement related services to the Australian music industry” did not know how piracy estimates were calculated as data it collected was processed by the IFPI in London. The MIPI manager commented that: “The reason … [she] wasn’t personally aware of how they are prepared is because they are compiled by the IFPI… They have a group that has been doing this for some time.”

Also the report noted that often the following misleading assumption is used to estimate piracy losses: a person who acquired pirate goods would otherwise have paid full price for the legal product. Moreover, unverified extrapolations were used by lobbyists to present the problem to the government.

Finally the report suggests that if these statistics are not thoroughly explained by the purveyors they should be withdrawn.

This study is a draft so far and the institute plans to check it further (after the criticism voiced by the industry) before it is handed over to the Australian government as “senior researchers disagreed with its conclusions”.

Piracy stats don’t add up, The Australian
New music ‘piracy’ statistics, p2pnet
Piracy losses fabricated – Aussie study, The Register
Australian Agency Questions Piracy Damage Valuations, Digital Music News

There’s a good reason the music industry can’t explain how they are calculating piracy losses. To my knowledge, there’s only ever been one serious large-scale research project conducted to try to calculate the direct effects of “illegal” downloading. The researchers’ conclusion was that peer-to-peer downloading’s effect on CD sales was so minimal that it was indistinguishible from zero.

This is yet another indication that the entertainment industry’s global push to expand their stranglehold on intellectual property rights is not about protecting creativity; it’s about the desire of a handful of global oligarchs to claim ownership of all forms of human creativity.

You can download a copy of the full study at: www.unc.edu/~cigar/papers/FileSharing_March2004.pdf

(from AllOfMP3.com, Music industry fails to explain how the piracy losses are calculated)

I have been saying for years that the whole “losses from piracy” argument is based on fallacies and that it’s just smoke and mirrors so that the media robber barons can seize and retain control of our cultural future. In my opinion, this observation falls into the “water is wet and teen-agers are horny” category. But some people are so damned gullible that they’ll believe anything the Digital Rights Mafia says unless there’s an egghead study that tells them what anyone with eyes could see for themselves.

I just finished watching a really cute movie called D.E.B.S. It’s sort of like Clueless, except the girls are in college, carry guns, and there’s some girl-girl kissing. It’s funny and campy and sweet.

An archive of 75+ inspirational messages from Despair, Inc., courtesy of TechRepublic.

The US Department of Homeland Security has warned that attackers are exploiting an unpatched flaw in Windows to compromise systems via malicious websites.

Microsoft on Friday said it was investigating reports of a newly discovered, unpatched bug in the XMLHTTP 4.0 ActiveX control, which it confirmed was being exploited on malicious sites. The bug has the potential to infect a large number of systems. Since it doesn’t require any user interaction, a user must merely use Internet Explorer to visit a site containing the exploit.

(from TechWorld, Windows hit by zero-day flaw)

Does a house have to fall on you people for you to get the message?

1. Don’t use Internet Explorer!
2. Don’t use or enable ActiveX!