DMCA “safe harbor” up in the air for online sites that use moderators

Etsy, Kickstarter, Pinterest, and Tumblr say site moderation hangs in the balance.

Enlarge / Beyonce poses with her Grammy trophies in the press room during the 59th Annual Grammy music awards on February 12, 2017, in Los Angeles, California. Unauthorized use of her images has prompted litigation over the DMCA's "safe harbor" provision. (credit: Robyn Beck / Getty Images)

The Digital Millennium Copyright Act's so-called "safe harbor" defense to infringement is under fire from a paparazzi photo agency. A new court ruling says the defense may not always be available to websites that host content submitted by third parties.

The safe harbor provision is what has given rise to sites like YouTube and various social media platforms. In essence, safe harbor was baked into the DMCA to allow websites to be free from legal liability for infringing content posted by their users—so long as the website timely removes that content at the request of the rights holder.

But a San Francisco-based federal appeals court is ruling that, if a website uses moderators to review content posted by third parties, the safe harbor privilege may not apply. That's according to a Friday decision in a dispute brought by Mavrix Photographs against LiveJournal, which hosts the popular celebrity fan forum "Oh No they Didn't." The site hosted Mavrix-owned photos of Beyonce Knowles, Katy Perry, and other stars without authorization.

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Airplane cell phone calls won’t be allowed in US any time soon

FCC chair drops 2013 plan to allow voice calls during airplane flights.

Enlarge (credit: Getty Images | Roberto Machado Noa )

A 2013 proposal to allow cell phone calls during airplane flights will be thrown out by the Federal Communications Commission.

The FCC prohibited in-flight phone calls in 1991 because of concerns about interference with wireless networks on the ground. Advances in technology have eliminated those concerns, but tech hasn't changed the fact that in-flight phone calls could be annoying to fellow passengers.

FCC Chairman Ajit Pai is proposing that the FCC terminate the proceeding that might have lifted the in-flight call ban.

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Pushing X-ray imaging up against its physical limits

Measuring the problems with your X-ray source enables clever math and better images.

Enlarge / A brightly lit tram in Glasgow encourages people to attend X-rays at the city's hospitals in 1957. (credit: Joseph McKeown/Picture Post/Getty Images)

Imaging with X-rays is usually pretty disappointing. The expectation is that, because the wavelength is short—wavelengths of 10nm are about 40 times shorter than those of blue light—you'll see lots of features that you would otherwise have missed. But in reality, mostly you get a blur. This comes down to two problems: X-ray sources are not very bright, and that brightness fluctuates. Researchers are instead forced to compromise. You can either image quickly and cope with the noise of the light source, or you can image slowly and suffer from noise due to the sample shifting about. Either way, you lose.

The second issue is that the optic hardware is pretty poor compared to the optics for visible light, so they simply don't capture the X-rays that carry the finest details in the image. So, you might as well have used a very good visible light imaging system or an electron microscope. But researchers have now figured out how to greatly improve the performance of X-ray imaging. All it takes is careful measurements of your X-ray source, a bit of scattered light, and lots of clever math.

Scattered pictures

Instead of sending X-rays through your imaging target and reading them on the other side, you can recreate an image using light that scatters back toward the source. The light that scatters from an object already carries all the information required to recreate an image of it: the scattering angle, amplitude, and phase of the light can be used to calculate the details of an object. Instead of using poor-quality optics, you can simply put a big detector near the sample and capture the scattered light.

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Deals of the Day (4-10-2017)

Deals of the Day (4-10-2017)

The Dell XPS 13 has been one of the most popular portable notebooks for the past few years, thanks to its compact design, decent performance, and reasonably low starting price of $800. Normally that entry-level price gets you an entry-level system with a full HD non-touch display, Core i3 processor, 4GB of RAM, and 128GB […]

Deals of the Day (4-10-2017) is a post from: Liliputing

Deals of the Day (4-10-2017)

The Dell XPS 13 has been one of the most popular portable notebooks for the past few years, thanks to its compact design, decent performance, and reasonably low starting price of $800. Normally that entry-level price gets you an entry-level system with a full HD non-touch display, Core i3 processor, 4GB of RAM, and 128GB […]

Deals of the Day (4-10-2017) is a post from: Liliputing

H-1B visa applications cap out in just five days

US Customs will make targeted visits to employers with high H-1B use.

Enlarge / The Chet Holifield Federal Building in Laguna Niguel, California. Tens of thousands of visa applications were delivered to the building last week, which is home to one of several USCIS service centers.

Last Monday, the government began accepting applications for H-1B visas that are often granted to foreign tech workers. Trucks full of thick Fedex applications lined up before dawn to get their applications in.

By Friday, the door was shut. US Customs and Immigration Service (USCIS) said on Friday that they have already maxed out, hitting the limit of 65,000 H-1B visas set by Congress and an additional 20,000 visas that are reserved for applicants who have master's degrees. It's the fifth year in a row that the cap has been met within five days.

Some H-1B employers aren't subject to the visa cap, including universities and some nonprofits.

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To save money, Kentucky Coal Museum turns to solar panels

Museum’s 80 solar panels on the roof are expected to save approximately $8,000 per year.

The Kentucky Coal Museum. (credit: Jimmy Emerson, DVM)

In what it says is a cost-saving move, the Kentucky Coal Museum is moving to solar power, according to the Associated Press. The museum is having 80 solar panels installed, which it expects will cut $8,000 off its annual electricity bill. The Courier-Journal writes that the museum currently spends $2,100 a month on electricity.

The move seems prophetic at a time when tension between the highly polluting coal industry and renewable energy industry is high. Over the past several years, the coal industry struggled to compete with low natural gas prices, as well as plummeting costs of solar and wind energy. The Trump administration has promised to roll back regulations on the coal industry, but that’s not likely to be enough to completely counteract the economic pressures that are making coal relatively expensive to produce and burn.

The Kentucky Coal Museum is owned by Southeastern Kentucky Community and Technical College, which is paying for the solar panels. In an interview with local news station WYMT, the school’s communications director, Brandon Robinson, said “it is a little ironic, but you know coal and solar and all the different energy sources work hand in hand. And you know, of course, coal is still king around here.”

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Update: LeEco is not acquiring TV maker Vizio after all

Update: LeEco is not acquiring TV maker Vizio after all

Chinese company LeEco made a name for itself in its home country with a series of smartphones, smart TVs, and digital media services. Last year the company entered the US market by launching its first phones and TVs designed for the United States… and by announcing plans to acquire TV maker Vizio for $2 billion. […]

Update: LeEco is not acquiring TV maker Vizio after all is a post from: Liliputing

Update: LeEco is not acquiring TV maker Vizio after all

Chinese company LeEco made a name for itself in its home country with a series of smartphones, smart TVs, and digital media services. Last year the company entered the US market by launching its first phones and TVs designed for the United States… and by announcing plans to acquire TV maker Vizio for $2 billion. […]

Update: LeEco is not acquiring TV maker Vizio after all is a post from: Liliputing

Kim Dotcom Takes Fight Over Seized Millions to US Supreme Court

Kim Dotcom has petitioned the US Supreme Court in the hope of regaining control over millions of dollars in assets that were seized by the US Government. Dotcom’s legal team is challenging the finding that as a fugitive, Megaupload’s founder has no standing to reclaim his seized property.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

megaupload-logoFollowing the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property.

Claiming the assets were obtained through copyright and money laundering crimes, the U.S. government launched a separate civil action in which it asked the court to forfeit the bank accounts, cars, and other seized possessions of the Megaupload defendants.

The U.S. branded Dotcom and his colleagues as “fugitives” and won their case. Dotcom’s legal team quickly appealed this verdict, but lost once more at the Fourth Circuit appeals court.

However, Dotcom is determined to regain access to his property and has now taken the case to the US Supreme Court. Together with the other defendants, he filed a petition to the Supreme Court to overturn the “fugitive disentitlement” ruling and the forfeiture of his assets.

The crux of the case is whether or not the District Court’s order to forfeit an estimated $67 million in assets was right. The defense argues that Dotcom and the other Megaupload defendants were wrongfully labeled as fugitives by the the Department of Justice.

Dotcom’s legal team warns that, if the current verdict stands, the US Government can seize the assets of foreign nationals based on unproven claims.

“If left undisturbed, the Fourth Circuit’s decision enables the Government to obtain civil forfeiture of every penny of a foreign citizen’s foreign assets based on unproven allegations of the most novel, dubious United States crimes,” the Supreme Court petition reads.

“And the Government can do so without affording a foreign defendant any opportunity to challenge in court whether the foreign assets are traceable to criminal conduct, whether the Government’s allegations are sufficient to establish the charged crime, or even whether the charged ‘crime’ is a crime at all.”

The decision of the lower courts invites abuse according to Dotcom’s legal team, as it allows the Government to seize assets of people who have never been to the United States, seemingly with little evidence.

By taking on the case, the Supreme Court has the chance to clarify what the Government is permitted to do in such cases, something that isn’t entirely clear based on current case law.

“In sum, this case poses questions that have divided the lower courts and carry important implications for federal jurisdiction, constitutional law, statutory interpretation, civil procedure, and international relations,” Dotcom’s legal team writes.

If the US Supreme Court takes on the case, which has yet to be decided, Kim Dotcom has a chance to regain access to the million of dollars the authorities have taken from him.

The full petition is available here (pdf).

Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.

Blizzard hints Nintendo Switch may not be powerful enough for Overwatch

But producer says he’s still “open-minded” about a port.

These are the kinds of graphics that would require Blizzard to "revisit performance" before a Switch port, apparently.

Since well before the March launch of the Nintendo Switch, observers have been wondering whether the system would get robust software support from major third-party publishers or if it would instead have to lean more heavily on Nintendo exclusives and games from smaller independent developers. Now, new comments from Overwatch director Jeff Kaplan seem to confirm how porting modern games to such low-powered hardware could be a difficult bottleneck to get through.

In a Reddit AMA thread last month, Kaplan vaguely said that "getting [Overwatch] on the Switch is very challenging for us, but we're always open-minded about exploring possible platforms." In a follow-up interview with the UK's Express newspaper published today, Kaplan elaborated. "I think the problem is we've really targeted our min spec in a way that we would have to revisit performance and how to get on that platform," he said.

That's a striking admission, especially considering that the nearly year-old Overwatch doesn't exactly require a top-of-the-line PC to play; Blizzard asks for an Intel Core i3 processor and GTX 460 or better at a minimum. The game's strong visual design makes it technically playable at extremely low resolutions too, which could make a port workable even if a full 1080p image couldn't be achieved on the Switch.

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Tiny Core 8.0: A complete desktop Linux distro in 16MB

Tiny Core 8.0: A complete desktop Linux distro in 16MB

Looking for a light-weight, but capable operating system? It doesn’t get much lighter than Tiny Core Linux. The disc image for the most basic version of this operating system is just 16MB, and it boots on most computers in a matter of seconds. But once it’s up and running, you can install all sorts of […]

Tiny Core 8.0: A complete desktop Linux distro in 16MB is a post from: Liliputing

Tiny Core 8.0: A complete desktop Linux distro in 16MB

Looking for a light-weight, but capable operating system? It doesn’t get much lighter than Tiny Core Linux. The disc image for the most basic version of this operating system is just 16MB, and it boots on most computers in a matter of seconds. But once it’s up and running, you can install all sorts of […]

Tiny Core 8.0: A complete desktop Linux distro in 16MB is a post from: Liliputing