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Thursday, June 09, 2005 |
Lexmark rebuffed by Supreme Court in toner cartridge fight.
Printer vendor Lexmark International has apparently failed in a carefully targeted legal battle to use the Digital Millennium Copyright Act (DMCA) to stop competitors from making cheaper, refurbished toner cartridges that can be used in its printers.
. . .
"I believe it is the end of the DMCA part of the case," said William London, general counsel at SCC. Essentially, the Supreme Court's refusal to review the case means that the DMCA issue ends with earlier court decisions. Lower courts have already rejected Lexmark's claim that the DMCA should be invoked in the case, he said.
[InfoWorld: Top News]
Earlier Lexmark coverage here at A blog doesn't need a clever name
10:07:09 PM 
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Peter Swire, via Politech:
1. Robert Pear article in the NY Times today. It discusses an Office
of
Legal Counsel opinion that finds that almost all individuals are immune
from criminal prosecution under the HIPAA privacy law. At
http://www.nytimes.com/2005/06/07/politics/07privacy.html
2. The Office of Legal Counsel opinion, signed on June 1 and now
available at the CDT site, at
http://www.cdt.org/privacy/medical/20050601hipaa.pdf .
3. A guest editorial I wrote for the Center for American Progress,
analyzing the opinion, and showing why it is both bad law and bad
policy,
at
http://www.americanprogress.org/site/pp.asp?c=biJRJ8OVF&bt3281
.
In talking with other lawyers who do HIPAA compliance, I have repeatedly
heard that the possibility of criminal enforcement has been the single
biggest engine in having insurers and providers take the law seriously.
The new Justice Department opinion almost entirely removes the threat of
HIPAA criminal prosecutions. As discussed in my editorial, it goes far
toward making HIPAA into a voluntary privacy standard.
(In case that third url breaks in transit, here's a tiny version:
http://tinyurl.com/7z5u8 )
4:47:37 PM
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Honey, I Shrunk the PC. Scientists close in on a single-molecule transistor, a discovery that could dwarf all achievements in electronics miniaturization to date. By Mark Anderson. [Wired News]
1:26:06 PM
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Cory: Nixon's conversations with Deep Throat as MP3 torrent
Thad sez,
This ZIP file contains three MP3s of conversations from the Nixon Tapes involving FBI official Mark Felt, who was recently unmasked as 'Deep Throat.'
- a May 1972 phone call between Nixon and Felt on the attempted assassination of George Wallace
- an October 1972 conversation in which Bob Haldeman tells Nixon that Felt is responsible for the FBI leaks
- an April 1973 phone call in which Nixon rejects the suggestion that Felt be named Acting Director of the FBI
These materials are reproduced from www.nsarchive.org with the permission of the National Security Archive. For more information on the Nixon Tapes, go here.
For more torrents of government documents, go here.
PRODIGEM torrent details page.
Torrent Link (Thanks, Thad!)
[bOing bOing]
1:25:52 PM
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hoder: Untouchables.
The stupid ban on women to attend football games in stadiums was broken yesterday by only two dozens of persisstant, courages young women. (Photos: one, two, three)
This is a turning point for the Iranian women's movement towards more important social and political goals.
I have a strong feeling that this elections will be driven by young women's unprecedented desire and confidence for change and I'm happy to see the reformist camp has totally understood this and is investing on it.
[Editor: Myself (English)]
1:23:26 PM
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Tiger Tweaks Could Kill Folders. Thanks to new UI tools in the latest version of Mac OS X, stuffy old habits like organizing files into folders become obsolete. Welcome to the new desktop metaphor: search. By Abby Christopher and Mike Faden. [Wired News]
1:22:48 PM
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ISPs found innocent of aiding zombie attacks in 'trial', by Grant
Gross,
IDG News Service.
ISPs were put on "trial" Tuesday, with hundreds of IT security
professionals serving as jurors, for not doing enough to keep
subscribers' computers from being compromised and used as tools in
attacks on corporate networks.
The plaintiffs, a couple of fictional companies hit by denial of
service attacks, argued that ISPs could do more to prevent "zombie"
machines used in attacks by scanning subscribers' computers,
monitoring traffic and shutting down suspicious network uses. "ISPs
are in the best position to take reasonable steps to diminish the
threat," argued real-life cybersecurity lawyer Ben Wright, during a
mock trial at the Gartner IT Security Summit in Washington, D.C. "It's
very difficult to go out and find the hackers who are responsible for
these attacks."
But defense lawyer Stewart Baker, a partner in the Washington office
of Steptoe and Johnson, argued that it would be a violation of privacy
for ISPs to check subscribers' computers. It would be nearly
impossible for ISPs to distinguish between legitimate Internet
traffic, such as a subscriber's browser updating a weather map every
few seconds, and a computer being used in a denial of service attack,
added Baker, representing a group of fictional ISPs.
10:46:43 AM
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