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Apple’s 7th-gen iPad has the same $329 starting price as last year’s model. It also has the same Apple A10 Fusion processor and support for the original Apple Pencil (but not the newer Apple Pencil 2). But the new 2019 iPad has a bigger scr…
Apple’s 7th-gen iPad has the same $329 starting price as last year’s model. It also has the same Apple A10 Fusion processor and support for the original Apple Pencil (but not the newer Apple Pencil 2). But the new 2019 iPad has a bigger screen — Apple has moved from a 9.7 inch Retina display […]
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AMD hat seinen Partnern die Agesa 1003abba zur Verfügung gestellt: Die überarbeitet das Boost-Verhalten der Ryzen 3000, so dass die Prozessoren bei Last minimal flotter takten. Im Leerlauf wiederum sollen sie sparsamer werden, da sehr leichte Hintergru…
Internet provider Cox Communications has asked a Virginia federal court to rule that it’s not liable for pirating customers. The company points out that the evidence, gathered on behalf of the RIAA, is fatally flawed. The music companies., however, disagree and request a summary judgment that will hold Cox liable for the alleged infringements.
Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.
Last year Cox settled its piracy liability lawsuit with music rights company BMG.
The ink on this agreement was barely dry when the ISP faced a similar and additional complaint. This time, it was up against 53 music companies, including Capitol Records, Warner Bros, and Sony Music.
The rightsholders complained that Cox categorically failed to terminate repeat copyright infringers and that it substantially profited from this ongoing ‘piracy’ activity. All at the expense of the record labels and other rightsholders.
A year later, thousands of pages of legal paperwork have been processed and the case is gearing up to a trial. However, if it’s up to Cox, there is little left to discuss there because the music companies’ evidence is fatally flawed.
A few days ago, the ISP submitted a motion for summary judgment, requesting summary judgment on several key elements. Among other things, Cox argues that it’s not vicariously liable or directly liable for any copyright-infringing activity carried out by its users.
Cox’s arguments are in large part directed at the proof the music companies have. Or to be more specific, the lack thereof. The company points out that the infringement notices, which were sent on behalf of the RIAA, are far from solid. In addition, the ISP says it never received any proper notices for more of the allegedly-infringed works.
“Plaintiffs’ claims suffer from a fundamental and fatal flaw: a distinct paucity of proof. They simply cannot prove their case,” Cox writes.
“In short, Plaintiffs seek damages for works they cannot prove were infringed, based on notices that did not identify fully 80% of those works. Moreover, they have no evidence that Cox knew about the infringement, obtained any direct financial benefit from it, or had the practical ability to prevent it, such that it could be secondarily liable.”
Cox’s arguments can be quite technical at times, and some pages are completely redacted, but there are some interesting observations.
For example, the company argues that the file-sharing evidence from BitTorrent users can’t prove that any subscriber actually distributed the infringing files. The evidence, provided by BitTorrent tracking outfit MarkMonitor, only ‘shows’ the metadata of a file in possession of a subscriber, matches that of a copyrighted track.
“Here, Plaintiffs cannot prove ‘actual dissemination’ of any work to anyone—including their agent, MarkMonitor,” Cox notes.
Another issue Cox raises is that for many of the claimed infringements in the suit, Cox never received a single notice.
“Although Plaintiffs seek damages for alleged direct infringements of 7,057 sound recordings and 3,421 compositions, the RIAA Notices for recordings sent during the Claims Period contain only 1,998 unique Title and Artist combinations.”
Based on these and a variety of other arguments, the ISP requests summary judgment. This means that, if granted, these will no longer be contested at trial.
However, the pendulum, in this case, can swing the other way as well. The 53 music companies also filed a request for summary judgment. They ask the court to rule that Cox is contributory and vicariously liable for its pirating subscribers.
The companies wave away any concerns and say that Cox willingly kept pirates on board to increase its profits.
“[T]he record is clear that Cox had knowledge of its subscribers’ blatant infringement of Plaintiffs’ works and nonetheless assisted them with it. By consciously continuing to provide Internet service to known infringers, while ignoring its own copyright policies as written, Cox materially contributed to that infringing activity, and reaped substantial financial benefits as a result,” their request reads.
“Accordingly, summary judgment should be granted holding Cox liable for contributory infringement and vicarious infringement, and the Court should reject its frivolous defenses.”
Both sides’ arguments directly oppose each other and it will be up to the US District Court for the Eastern District of Virginia to determine if it grants any of the motions. If the Court grants neither motion, it will be up to a jury to decide during trial.
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A copy of Cox’s motion for summary judgment is available here (pdf) and the music companies’ motion can be found here (pdf).
Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.
FDA says JUUL hasn’t proven its e-cigs are safer than standard cigarettes.
Enlarge / WASHINGTON, DC - JULY 25: A young man wears a shirt that reads DITCHJUUL while James Monsees, co-founder and chief product officer at JUUL Labs Inc., testifies before the House Economic and Consumer Policy Subcommittee, which is examining JUUL's role in the youth nicotine epidemic, on July 25, 2019 in Washington, DC. (Photo by Mark Wilson/Getty Images) (credit: Getty | Mark Wilson)
The Food and Drug Administration on Monday came out swinging at e-cigarette giant Juul over a variety of its unproven safety claims and startling marketing practices—most notably saying without evidence that its products are safer than smoking traditional cigarettes and giving presentations directly to kids in schools—in at least one alleged case, without teachers present or parental consent.
“Regardless of where products like e-cigarettes fall on the continuum of tobacco product risk, the law is clear that, before marketing tobacco products for reduced risk, companies must demonstrate with scientific evidence that their specific product does in fact pose less risk or is less harmful,” acting FDA Commissioner Dr. Ned Sharpless said in a statement Monday. “JUUL has ignored the law, and very concerningly, has made some of these statements in school to our nation’s youth.”
In response, the agency sent Juul a warning letter over unauthorized marketing as well as a letter of concern (PDF), which included a request for reams of documents “regarding JUUL’s marketing, advertising, promotional, and education campaigns, as well as certain product development activity.”
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Apple hat dem neuen iPhone 11 Pro und dem größeren iPhone 11 Pro Max drei Kameras spendiert. Das OLED soll sehr hell sein, trotzdem ist die Akkulaufzeit gegenüber der Vorgängergeneration gestiegen. (iPhone, Apple)
Steven Knight created the series, which features blind and low-vision cast members.
Aquaman star Jason Momoa plays the lead role in See, a new sci-fi series on Apple TV Plus.
At today's Apple event, Apple CEO Tim Cook introduced the first trailer for See, an original 10-episode sci-fi series for the company's forthcoming streaming service, Apple TV Plus.
"This morning, I want to share with you one of the most imaginative, thrilling, and thought-provoking dramas ever," Cook said. "See stars Jason Momoa and takes place hundreds of years into the future in a world without sight," adding, "We worked with blind and low-vision cast, crew, and consultants for authenticity."
Per Variety, "See takes place in the distant future, after a deadly virus decimated humankind. Those who survived emerged blind. Jason Momoa stars as Baba Voss, the father of twins born centuries later with the mythic ability to see. He must protect his tribe against a powerful yet desperate queen who wants the twins destroyed."
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Mehr als 100 Spiele von Herstellern wie Capcom und Konami, die auf iPhone und iPad sowie auf Macbooks laufen: Das ist die Idee hinter Apple Arcade. Das Abo ist für rund 5 Euro im Monat zu haben, auf der Keynote wurde es unter anderem mit einer neuen Ve…
Mehr als 100 Spiele von Herstellern wie Capcom und Konami, die auf iPhone und iPad sowie auf Macbooks laufen: Das ist die Idee hinter Apple Arcade. Das Abo ist für rund 5 Euro im Monat zu haben, auf der Keynote wurde es unter anderem mit einer neuen Version von Frogger präsentiert. (Apple Arcade, Apple) DDIO makes servers faster. It can also allow rogue servers to covertly steal data.
In late 2011, Intel introduced a performance enhancement to its line of server processors that allowed network cards and other peripherals to connect directly to a CPU's last-level cache, rather than following the standard (and significantly longer) path through the server's main memory. By avoiding system memory, Intel's DDIO—short for Data-Direct I/O—increased input/output bandwidth and reduced latency and power consumption.
Now, researchers are warning that, in certain scenarios, attackers can abuse DDIO to obtain keystrokes and possibly other types of sensitive data that flow through the memory of vulnerable servers. The most serious form of attack can take place in data centers and cloud environments that have both DDIO and remote direct memory access enabled to allow servers to exchange data. A server leased by a malicious hacker could abuse the vulnerability to attack other customers. To prove their point, the researchers devised an attack that allows a server to steal keystrokes typed into the protected SSH (or secure shell session) established between another server and an application server.
The researchers have named their attack NetCAT, short for Network Cache ATtack. Their research is prompting an advisory for Intel that effectively recommends turning off either DDIO or RMDA in untrusted networks. The researchers say future attacks may be able to steal other types of data, possibly even when RMDA isn't enabled. They are also advising hardware makers do a better job of securing microarchitectural enhancements before putting them into billions of real-world servers.
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$999 5.8-inch Pro and $1,099 6.5-inch Pro Max include super-bright OLED panels.
Behold... Phil Schiller! (Oh, and the iPhone 11 Pro) [credit: Apple ]
CUPERTINO, Calif.—Alongside the new iPhone 11, Apple on Tuesday unveiled its higher-end follow-ups to the iPhone XS and XS Max: the iPhone 11 Pro and iPhone 11 Pro Max.
The 11 Pro will start at $999, while the 11 Pro Max will start at $1,099. They'll both begin shipping on September 20, with pre-orders starting on September 13.
The updated iPhones include 5.8- and 6.5-inch OLED displays, respectively, both with pixel densities of 458 pixels per inch. Apple is calling these "Super Retina XDR" panels and says they include support for the P3 color space, Dolby Vision HDR, HDR10, and up to 1,200 nits of brightness (which is notably high for a smartphone). Like the base iPhone 11, it advertises better spatial audio with Dolby Atmos surround sound support.
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Apple hat mit dem iPhone 11 ein neues Smartphone mit zwei Objektiven vorgestellt. Neu ist der Ultraweitwinkel, der es erlaubt, Landschaften besser zu fotografieren oder mehr Menschen auf ein Bild zu bekommen. (iPhone, Smartphone)
Apple hat mit dem iPhone 11 ein neues Smartphone mit zwei Objektiven vorgestellt. Neu ist der Ultraweitwinkel, der es erlaubt, Landschaften besser zu fotografieren oder mehr Menschen auf ein Bild zu bekommen. (iPhone, Smartphone) 
AMD hat seinen Partnern die Agesa 1003abba zur Verfügung gestellt: Die überarbeitet das Boost-Verhalten der Ryzen 3000, so dass die Prozessoren bei Last minimal flotter takten. Im Leerlauf wiederum sollen sie sparsamer werden, da sehr leichte Hintergrundlast ignoriert wird. (
Apple hat dem neuen iPhone 11 Pro und dem größeren iPhone 11 Pro Max drei Kameras spendiert. Das OLED soll sehr hell sein, trotzdem ist die Akkulaufzeit gegenüber der Vorgängergeneration gestiegen. (
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