Technically Legal

YouTube v. Viacom, Are Browsewraps Valid, XP Clone in Linux.

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YouTube v. Viacom

Viacom, YouTube inch toward courtroom showdown
The Complaint

Validity of Browsewrap Licenses

Browsewrap website terms and conditions enforceable
The opinion
XKCD on Browsewrap Licenses

Windows v. XP Clone

Microsoft mulls response to Linux-based XP clone
Microsoft legal unfazed by Ubuntu Windows XP GUI clone
Another Ubuntu Skin

Comments Off Posted in: Podcast on January 12, 2010

Torrent Search Engine Shut Down, Privacy interest in Text Messages, and Duke Nukem Forever.

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Torrent Tracker Shut Down

Torrent Search Engines Unlawful, U.S. Judge Says
The Opinion
Torrent Sites Induce Infringement and Lose DMCA Safe Harbor–Columbia v. Fung

Text Message Privacy

Today’s orders from SCOTUS Blog
Supreme Court Grants Cert on Fourth Amendment Protection in Text Messages
The opinion below
Denial of rehearing en banc
Please Note: We said in the podcast that there was a dissent. There was not. There opinion was unanimous, but there was a dissent in the denial of the petition for a rehearing en banc, linked above.

Duke Nukem Forever

Learn to Let Go: How Success Killed Duke Nukem
Sorry, dude, Game Stop won’t be able to fulfill that Duke Nukem Forever pre-order

Comments Off Posted in: Podcast on January 6, 2010

IBM Antitrust Inquiry, Is the GPLv2 Legally Sound?, and Final Briefs Submitted in Bilski.

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IBM Antitrust Inquiry

Antitrust Inquiry for I.B.M.
The Sherman Act

Is the GPLv2 Legally Sound

GPLv2 – copyright code or contract?
GPL v. 3

Bilski Briefs

Final Bilski Briefs Filed – Microsoft, Google, FFII, ABA, etc.

Comments Off Posted in: Podcast on October 19, 2009

Microsoft Ads v. Apple Ads, Will Twitter Sue Tech Crunch, and Amazon breaches their own EULA.

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Microsoft Ads v. Apple Ads

Microsoft Ads Rankle Apple
Will Apple Sue Microsoft (with ad)

Will Twitter Sue Tech Crunch

Will Twitter Sue Tech Crunch
Twitter, Even More Open Than We Wanted
In Our Inbox: Hundreds of Confidential Twitter Documents

Amazon breaches their own EULA

Amazon.com Plays Big Brother with a Famous Book
Amazon Kindle EULA

. . . and Apple disables iTunes sync feature on Palm Pre.

Also, a former finance director at J.P. Morgan claims to have reverse engineered the grand-daddy of trade secrets KFC’s Secret Recipe.

2 Comments Posted in: Podcast on July 20, 2009

Amazon recently deleted copies of 1984 by George Orwell from both Kindles and the Kindle store.

The Kindle User License Agreement clearly states:

Upon your payment of the applicable fees set by Amazon, Amazon grants you the non-exclusive right to keep a permanent copy of the applicable Digital Content and to view, use, and display such Digital Content an unlimited number of times, solely on the Device. . .

So Amazon is pretty clearly in breach of their contract to Kindle users who purchased the book, as Amazon did not allow them to keep a permanent copy of the book on their device. However, the License Agreement goes on to disclaim any liability for breach of the contract, and requires confidential arbitration to resolve any disputes you have with Amazon over the device.

Look for more on this over the weekend.

8 Comments Posted in: Analysis, Links on July 17, 2009