German court says Wikimedia is liable for article contents after they’re published (updated)

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The Wikimedia Foundation positions Wikipedia as a hub for unfettered knowledge, but it’s now obligated to police that content in the wake of a newly published German ruling. Stuttgart’s Higher Regional Court has determined that the organization is liable for Wikipedia articles. While Wikimedia won’t have to screen content, it will have to verify any disputed passages and remove them if they’re known to be false. The court isn’t telling Wikimedia how to handle this verification, although the legal presumption of innocence will still apply. We’re not expecting a chilling effect on Wikipedia given that takedowns will only be necessary in a handful of circumstances. However, it gives Wikimedia’s moderators an extra level of responsibility — they’ll now have to pull some content quickly to minimize the chances of lawsuits.

Updated: Wikimedia has clarified the ruling. The court sees Wikimedia as a service provider that, on a basic level, isn’t liable for content. However, the site will only maintain its immunity so long as it pulls any content that allegedly violates German laws. If it declines, it risks opening itself to legal action.

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Via: PCWorld

Source: Juris.de (translated)

Federal appeals court rules search warrants not needed to seize cellphone records

Federal appeals court rules search warrants not needed to seize cellphone records

Cast your memory back to 2011 and you may remember a Texas judge ruling that the seizure of cellphone records without a search warrant violated the Fourth Amendment. Fast-forward to today, and the 5th US Circuit Court of Appeals has just overturned that very decision, arguing that law enforcement’s collection of such data does not violate the Fourth Amendment, and doesn’t need to pass the probable cause test. Instead, as the info is considered a service provider’s business records, authorities can get ahold of it so long as they have “reasonable grounds” and obtain a court order. The data in question can include numbers dialed, the date and time of communications and info allowing officials to suss out the phone’s location at the time of a call.

Despite the gavel’s recent action, the issue is far from settled. As the Associated Press notes, a New Jersey Supreme Court recently ruled search warrants must be used when officers request access to location information from phones details, while Maine and Montana passed legislation earlier this year requiring the same. To dive into the nitty gritty details of the case for yourself, give the bordering source link a click.

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Via: Wall Street Journal, Associated Press

Source: 5th US Circuit Court of Appeals

Washington court rules Motorola can get millions, not billions, from Microsoft for its patents

Washington court rules Motorola can get millions, not billions, from Microsoft for its patents

Among the many patent cases currently ongoing between Motorola and Microsoft is one in US District Court in the state of Washington concerning standards-essential WiFi and h.264 patents. AllThingsD reports that while Motorola was requesting billions in royalties for the technology it owns, Judge James Robart — who invalidated a number of its patent claims a few months ago — ruled it’s entitled to around $1.8 million per year. The reason given? There’s so many patents in play, the judge determined that the amount Motorola sought would cost more than the Xbox 360 they’re being implemented in, and also that it hadn’t proven its patents were more valuable than those of other companies included in the same pool. All 207 pages of the decision are available beyond the source link if need more info on the hows and whys of today’s decision. ATD also has quotes from each company and while Microsoft called it a good decision for consumers, Motorola chose to acknowledge the decision, but didn’t hint at any reaction or future moves.

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Source: AllThingsD

US Court Rules That Checking Maps on Your Phone While Driving Is a Bad Thing

So, we all know that we shouldn’t text while driving. But in case you thought that checking Google Maps was acceptable, a Californian judge has made it clear that isn’t the case. More »

AT&T: ‘we unlock our customers’ devices’

AT&T 'we unlock our customers' devices'

To our delight, the recent ruling that phone subsidy unlocks are no longer protected by copyright law has sparked a lot of attention from the general public as well as the US government. However, some of the carriers are predictably not too excited by the amount of negative light it sheds on their own unlock policies. AT&T has taken to its public policy blog to discuss its viewpoint on the matter. Joan Marsh, VP of Federal Regulatory for the company, insists that “the ruling has very little impact on AT&T customers.”

Marsh reiterates AT&T’s unlock policy by stating: “if we have the unlock code or can reasonably get it from the manufacturer, AT&T currently will unlock a device for any customer whose account has been active for at least sixty days; whose account is in good standing and has no unpaid balance; and who has fulfilled his or her service agreement commitment. If the conditions are met we will unlock up to five devices per account per year.”

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Source: AT&T Public Policy Blog

Samsung loses UK lawsuit against Apple over 3G data

Galaxy S III and iPhone

Samsung hasn’t been catching many breaks in its court battles with Apple as of late, and that trend isn’t quite over yet. A UK court just tossed out claims that Apple violates three Samsung standards-essential patents relating to 3G data transmission, tentatively leaving the American firm free to sell iPhones and other cellular devices in the country — as long as other lawsuits don’t get in the way. Samsung hasn’t determined whether or not it will appeal, but a second try isn’t as surefire as it might be elsewhere, not when the Galaxy maker has a less-than-stellar record in winning cases where 3G is involved. We’d just like the whole mess to be over.

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Source: Reuters

Judge orders new Apple vs. Samsung trial to reevaluate $450.5 million in damage awards

Judge orders new Apple vs Samsung trial to reevaluate $4505 million in damage awards

Samsung has tentatively been on the hook for $1.05 billion in penalties after allegedly infringing on Apple’s patents, but that figure is about to change — for better or for worse. Judge Koh has ordered a reevaluation of $450.5 million of the damages in a second trial, arguing that the jury set one damage figure per product where there were six infringement claims that had to be taken into account for each device. She also believes that Apple may be entitled to damages for sales not included in the original case. There’s a chance Samsung can lower the amount it ultimately has to pay, but the extra factors and devices could easily worsen its situation. Koh hasn’t set a trial date, either, but we’d like it to come soon: Apple versus Samsung is quickly becoming the battle that never ends.

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Source: FOSSpatents, Bloomberg

In Germany, internet service providers pay you! (for loss of service)

German

Ever lost your internet connection? Do the loathsome words “executive customer service” resonate with you? They shouldn’t if you live in Deutschland — at least, not after today. While that course of customer service whinging can occasionally yield some form of restitution stateside (we’re being generous), for Germans it’s now almost unnecessary. In a ruling issued today, a federal court in Karlsruhe has determined interruption of internet service to be grounds for compensation, as it can be categorized as an “essential material item,” Reuters reports. The decision, which allows impacted users to file compensatory claims, stems from a 2008 – 2009 incident in which a private German citizen incurred a loss of phone, fax and internet service over a two month period. Apparently, the man had already been partially reimbursed for having to rely on mobile phone service, but decided to take things a little further. In other news, Americans can just threaten to switch to FiOS. Worked for us.

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Source: Reuters

Apple told to rewrite ‘Samsung did not copy’ statement, post it on front page until Dec 14th

Apple told to re-write 'Samsung did not copy' statement, post it on front page until Dec 14th

Apple might not have liked having to publish a notice stating that Samsung did not copy its design, as the result of a court ruling, but it complied all the same. Or did they? A UK court of appeal has criticized the firm over its choice of wording, considering it slippery enough to warrant a rewrite. The Guardian reports that the acknowledgement posted by Apple was deemed non-compliant with the court’s order. Apple has today been told to correct its statement, and re-post it on the front page of its website, with at least an 11-point font (and not as a hidden footer link) within 48 hours. The Cupertino team rebuffed, claiming that it would take at least two weeks to get a fresh rework together, a statement that reportedly caused disbelief from some court officials. So, the clock is ticking, and somewhere a legal team is no doubt engaging in some serious thinking. The new statement must remain on Apple’s site until December 14th, plenty of time to catch the attention of eager Christmas shoppers.

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Apple told to rewrite ‘Samsung did not copy’ statement, post it on front page until Dec 14th originally appeared on Engadget on Thu, 01 Nov 2012 08:44:00 EDT. Please see our terms for use of feeds.

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Dutch court rules that Samsung didn’t infringe on Apple multi-touch patent

Dutch court rules that Samsung didn't infringe on Apple multi-touch patent

Once again, a decision has been made on an Apple versus Samsung patent dispute. This time, it’s a Dutch court in the Hague, ruling that Samsung does not infringe on a Cupertino patent relating to certain multi-touch commands that the Korean firm implements in some of its Galaxy phones and tablets. This isn’t the first time that the Netherlands-based court has found in favor of Samsung, and Apple had already lost a preliminary injunction on this same patent last year. Reuters also reports that the Hague court’s decision comes in the same week that the International Trade Commission is expected to decide about further patent disputes between the two firms, which went in favor of Apple the last time around. At the very least, this long and bumpy ride isn’t over yet.

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Dutch court rules that Samsung didn’t infringe on Apple multi-touch patent originally appeared on Engadget on Wed, 24 Oct 2012 08:34:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceReuters  | Email this | Comments