Where Does Elena Kagan Stand on Net Neutrality?

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In light of Barack Obama’s nomination of Elena Kagan to the Supreme Court vacancy created by the retirement of John Paul Stevens, there’s sure to be plenty of digging into the minutia of the Solicitor General’s legal writings, particularly in light of her relative lack of judicial experience.

Whoever is ultimately appointed to the court will almost certainly play a key role in any number of social issues that are heard by the court. And if recent cases are any indication, technology is likely to be a key factor in many of these. In recent weeks, the court has either ruled on–or agreed to hear–cases involving a broad swath of tech issues, from crush videos to sexting to the sale of violent video games.

Given the growing public (and corporate) concern on the topic of net neutrality, it’s possible that it will get some face time with the High Court in the coming years. So, what precident, if any, can find on the topic in Kagan’s writings?

Apple files patent application for NFC e-tickets with ‘extra benefits’

Apple appears to be casting an eye out to new shores, judging by the latest of its patent applications to go public. Filed in September 2008, this primarily relates to adding bonus digital content to event tickets, whereby swiping your entry pass to, say, a concert or a sports event into an electronic device would result in you gaining access to related goodies from “an online digital content service.” Additional claims describe the use of an electronic device (read: iPhone or iPod touch) as the carrier of the (digitized) ticket, allowing the user access to the event itself as well as “at least one other event-related benefit.” The whole thing is focused on the use of near-field communications as the data transfer method of choice, something that Apple’s hardware is not yet equipped to handle. Then again, NFC interaction is also referenced in a separate patent application (from August 2009, see WIPO link below) for peer-to-peer payments, suggesting that Cupertino might have more than a passing interest in the contactless transfer tech. What do you think, will you be buying your Steelers tickets with a side order of iTunes?

Apple files patent application for NFC e-tickets with ‘extra benefits’ originally appeared on Engadget on Fri, 16 Apr 2010 09:13:00 EST. Please see our terms for use of feeds.

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South Korea seeks to impose gaming curfew, makes computers ‘edgy’ and ‘cool’ in the process

Seems like China and the UK aren’t the only countries worried about their kid’s computing habits. According to the BBC, the South Korean government is currently mulling over plans to regulate just how much time — and at what time — kids play video games. It seems that a number of services are ready to follow through with suggestions made by the country’s Ministry of Culture, including: Maple Story, Mabinogi (no access granted to school-age gamers between midnight and 8 am) and Dungeon and Fighter (slowing down user’s connection after they’ve been logged in for a certain period of time). Nineteen games are said to be included in total, which is a significant portion of the country’s online gaming market. This will inevitably force kids to build their own underground games on disused servers, like Chia and her friends did in William Gibson’s Idoru. They’ll need to do something with those 1Gbps connections, right?

South Korea seeks to impose gaming curfew, makes computers ‘edgy’ and ‘cool’ in the process originally appeared on Engadget on Tue, 13 Apr 2010 11:39:00 EST. Please see our terms for use of feeds.

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Hulavision sues NBC Universal, Hulu stuck in the middle with gloom

Ask Hulavision founder Errol Hula, and he’ll tell you Hulu is a stolen idea, from concept to even the similarities in name. He’s so confident, in fact, that he and his company have filed a lawsuit against NBC Universal, claiming a series of meetings (all under the umbrella of a nondisclosure agreement) with the media conglomerate and business development exec Raymond Vergel de Dios laid the foundation for its eventual web portal. The suit runs the gamut of brokenhearted business fellows: misappropriation of trade secrets, breach of contract (both implied and the NDA), breach of a confidential relationship, unfair competition, unjust enrichment, and stolen ice cream on the playground. The suit seeks unspecified damages. Given the nature of these things, we doubt the two will ever get the point of actual courtroom entanglement, but if it does… can we get it streamed?

Hulavision sues NBC Universal, Hulu stuck in the middle with gloom originally appeared on Engadget on Wed, 24 Mar 2010 22:47:00 EST. Please see our terms for use of feeds.

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China partially blocks Google search results from Hong Kong, the saga continues

You didn’t think that just because Google started redirecting its Google.cn domain to its Hong Kong site, we were coming to a neat compromise to the big brouhaha between the search giant and China, did you? Oh no, brother, this thing is far from over. China has now responded by whipping its state computers into a filtering frenzy, blocking and censoring out content it considers objectionable from Google’s HK-based search results. Adding to its show of strength, it’s expected the Chinese government’s influence will also result in China Mobile canceling a deal to have Google as its default search provider on mobile handsets. We suppose it’s Google’s turn to respond now. How about offering a friendly game of badminton to settle their differences?

[Thanks, Colin]

China partially blocks Google search results from Hong Kong, the saga continues originally appeared on Engadget on Tue, 23 Mar 2010 09:10:00 EST. Please see our terms for use of feeds.

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Dish Network countersues DirecTV over signal reliability claims

Oh, don’t act surprised. As is the norm with these things, Dish Network has filed a countersuit against DirecTV. Last month, the latter company filed suit, claiming Dish’s “Why Pay More” ads were false and misleading. The countersuit, unsurprisingly, is also false and misleading advertising — in this instance, the claim “nothing comes close to the reliability and quality of DirecTV.” Dish asserts its signal reliability is exactly the same, 99.9 percent. Better strap yourself in, it’s gonna be a long and bumpy ride through the court system.

Dish Network countersues DirecTV over signal reliability claims originally appeared on Engadget on Mon, 22 Mar 2010 22:11:00 EST. Please see our terms for use of feeds.

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Samsung acquires ‘Android’ trademark for mobile hardware sales in Korea

As it turns out, Korea operates two separate trademark systems for hardware and software. So while this doesn’t affect Android OS and its distribution, Samsung’s recent acquisition of the Android hardware trademark does forbid other manufacturers from releasing Android-branded devices — whether they be a mobile phone, a PMP, PDA, GPS, DMB, or any other snappily titled mobile computer — into the Korean market. This will be felt by local competitors like LG, who has an Andro-1 OEM handset in the works that would infringe Samsung’s newfound rights. The trademark previously belonged to local supplier Triplex, who’d held it since before Google’s OS came into being, and apparently using just four characters of “Android” will be sufficient to offend the authorities. Sammy’s clearly decided to aggressively pursue being the premier supplier of Android phones in its backyard, and rubbing LG’s nose in it must’ve been the chocolate frosting atop that eclair.

[Thanks for the translation, Didier]

Samsung acquires ‘Android’ trademark for mobile hardware sales in Korea originally appeared on Engadget on Tue, 16 Mar 2010 11:26:00 EST. Please see our terms for use of feeds.

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Microsoft loses second Word patent appeal, on the hook for $240 million in damages

And the intellectual property rollercoaster continues. Microsoft’s second appeal of that $240m judgment banning sales of Word with features infringing on i4i’s XML-related patents has been rejected, leaving the Redmond giant with a huge fine to pay atop its undoubtedly sky-high lawyer bills. The appeals court held that Microsoft was explicitly aware of i4i’s patents before implementing the relevant XML code into Word — undoubtedly because i4i had been selling an extremely popular XML plugin for years and had approached Microsoft about licensing it. Yeah, oops. Don’t worry, though, there shouldn’t be any consumer impact here: old versions of Word aren’t affected, and current versions of Word 2007 and Office 2010 don’t have the offending features. Still, Microsoft might be able to appeal yet again, depending on a panel ruling on the matter — at this rate, we’d expect it.

Microsoft loses second Word patent appeal, on the hook for $240 million in damages originally appeared on Engadget on Fri, 12 Mar 2010 08:54:00 EST. Please see our terms for use of feeds.

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Jen-Hsun Huang is ‘looking forward’ to court date with Intel, sees no reason to settle (video)

Sometimes companies spar out their differences behind closed doors, and sometimes they have guys like Jen-Hsun Huang at their helms and the whole world gets to know how they feel and what they intend to do about it. The Tegrasaurus Rex has taken a recent interview with Fortune magazine as an opportunity to eloquently lay out his side’s case in the epic cross-licensing dispute between NVIDIA and Intel, and to let us all know that he sees “no reason” to settle with the Atom-making giant. Describing Intel’s argumentation as “completely nonsense,” NVIDIA’s fearless leader tell us that he’s eagerly anticipating the court clash scheduled for later this year. We can’t yet confirm whether or not he finished it off with a “bring your popcorn” instruction, but all his recorded words await in video form just after the break.

Continue reading Jen-Hsun Huang is ‘looking forward’ to court date with Intel, sees no reason to settle (video)

Jen-Hsun Huang is ‘looking forward’ to court date with Intel, sees no reason to settle (video) originally appeared on Engadget on Tue, 09 Mar 2010 08:29:00 EST. Please see our terms for use of feeds.

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79 percent of adults believe web access is a ‘fundamental right’

The BBC World Service has conducted a poll of more than 27,000 adults across 26 countries to answer one primary question: is internet access a fundamental human right? We can skip right past Finland and Estonia who’ve already made laws to that effect, and take a look at what the other nations thought. Mexico, Korea and Brazil lead the way here with all having greater than 90 percent agreement, while Pakistan, India and Kenya — countries with a slightly different perception of what fundamental needs are — offer the least support, though they’re all still above 50 percent in agreement. Other interesting stats include the claim by 85 percent of Japanese internet users and 81 percent in Mexico that they would not be able to “cope without the internet,” while 55 percent of Brits and most other European nations believe that the internet should be regulated by governments in at least some way. Ghana and Nigeria are most worried about fraud (ha!), while people in the Philippines see explicit content as the web’s biggest threat. Hit the source for more such pearls of wisdom and do let us know what you think in the comments below.

79 percent of adults believe web access is a ‘fundamental right’ originally appeared on Engadget on Tue, 09 Mar 2010 06:37:00 EST. Please see our terms for use of feeds.

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