Archive for November 2008

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by: Michael Schultz Order Vibramycin online no prescription, , Associate Editor, MTTLR

You (or your IT staff) may have been thankful to find that spam traffic has been a bit lighter in the last few weeks, after the recent shutdown of a major spam hub that, by some estimates, was responsible for as much as 75 percent of the world’s junk mail. Where can i order Vibramycin without prescription, You might have expected the company facilitating all of that spam – not to mention illegally gathered credit card information and child pornography – would have chosen to operate from the relative obscurity of an offshore hosting service. Instead, ordering Vibramycin online, Vibramycin gel, ointment, cream, pill, spray, continuous-release, extended-release, McColo Corporation set up shop in San Jose, California in a “top-level modern [...] IT center.” To be clear, purchase Vibramycin, Kjøpe Vibramycin på nett, köpa Vibramycin online, McColo is merely the “virtual host” for those that are actually sending the spam; something akin to a landlord of an apartment building in which most, if not all, Vibramycin for sale, Buy Vibramycin from mexico, of the apartments are being used for illegal activity.

In an interesting twist, order Vibramycin online overnight delivery no prescription, Buy cheap Vibramycin no rx, it wasn’t U.S. authorities that shut down the hub – instead the companies that provided internet connection for McColo decided to cut ties, comprar en línea Vibramycin, comprar Vibramycin baratos. This leaves open the possibility of McColo finding another internet provider – or the individual sites being hosted by McColo to disperse, making them harder to track and shut down, order Vibramycin online no prescription. Where to buy Vibramycin, In fact, only two weeks after the shutdown, buy generic Vibramycin, Buy Vibramycin no prescription, spam levels are reported to already be back to two-thirds of their previous levels.

Brian Krebs of the Washington Post, buy cheap Vibramycin, Order Vibramycin online c.o.d, who is credited with the initial investigation and breaking the story, writes that “Multiple security researchers have recently published data naming McColo as the host for all of the top robot networks or "botnets, where can i buy Vibramycin online, Order Vibramycin from United States pharmacy, " which are vast collections of hacked computers that are networked together to blast out spam or attack others online. These include SecureWorks, buy Vibramycin from canada, Order Vibramycin no prescription, FireEye and ThreatExpert.” According to Mr. Krebs, buy Vibramycin without a prescription, Kjøpe Vibramycin på nett, köpa Vibramycin online, “[what is] unclear is the extent to which McColo could be held legally responsible for the activities of the clients for whom it provides hosting services. There is no evidence that McColo has been charged with any crime, purchase Vibramycin online, Vibramycin for sale, and these activities may not violate the law.”

So what is the law (and what should it be?) in this murky, seedy area of the internet, purchase Vibramycin online no prescription. Where can i find Vibramycin online, Below is a roundup of various links that may help to address that question:

FBI wants widespread monitoring of 'illegal' Internet activity
Illegal Internet Activity a Growing Concern for Enterprise Organizations
Using the Law to Address Illegal Activity on the Internet
Employer responsibility to report illegal activities established by Court
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November 27th, 2008 at 8:14 am

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by Lauren Strandbergh Order Quick-Detox online no prescription, , MTTLR Associate Editor


Image The Search by Robert S.. Buy cheap Quick-Detox no rx, Used under a Creative Commons BY-NC-SA 2.0 license.
On October 28, 2008, buy no prescription Quick-Detox online, Where can i buy Quick-Detox online, Google reached a settlement with The Authors Guild and the Association of American Publishers (AAP) after two years of negotiations.1 The agreement would resolve the class-action lawsuit brought by the Authors Guild and book authors against Google, in addition to another lawsuit brought by five publishing companies as representatives of the AAP’s membership.2 Although Judge John Sprizzo has given preliminary approval, buy Quick-Detox from canada, Quick-Detox samples, the settlement is still subject to final court approval following a June hearing, which "will determine whether the agreement is fair, order Quick-Detox online c.o.d, Buy Quick-Detox online cod, reasonable, and adequate." 3

According to Google, online buy Quick-Detox without a prescription, Quick-Detox from canadian pharmacy, the agreement would provide increased access to out-of-print books, additional ways to purchase copyrighted books online, order Quick-Detox online overnight delivery no prescription, Canada, mexico, india, institutional subscriptions, free access from public and university libraries in the United States, where can i buy cheapest Quick-Detox online, Buy Quick-Detox online no prescription, and compensation and improved control to authors and publishers.4 This last would be made possible by the Book Rights Registry, a new development that is one of the more important aspects of the settlement.5

Under the settlement agreement, real brand Quick-Detox online, Quick-Detox price, coupon, Google would pay $125 million to be used to create the Book Rights Registry, cover legal fees, japan, craiglist, ebay, overseas, paypal, Buy Quick-Detox from mexico, and resolve existing claims.6 The independent, non-profit Book Rights Registry would distribute “payments earned from online access provided by Google and, ordering Quick-Detox online, Order Quick-Detox from mexican pharmacy, prospectively, from similar programs that may be established by other providers” and “locate rightsholders, purchase Quick-Detox online, Quick-Detox from canadian pharmacy, collect and maintain accurate rightsholder information, and provide a way for rightsholders to request inclusion in or exclusion from the project.”7

The new Registry would be similar to the American Society of Composers, australia, uk, us, usa, Ordering Quick-Detox online, Authors and Publishers (ASCAP), which monitors and compensates individuals in the music industry.8 As one blogger put it in a somewhat sarcastic post, purchase Quick-Detox online no prescription, Where to buy Quick-Detox, Google and the Registry are bringing “the Dewey Decimal System into the digital age.”9 The Registry will keep track of books and inserts, as well as the respective authors, buy cheap Quick-Detox no rx, Order Quick-Detox from mexican pharmacy, publishers, and other rightsholders.10

The Registry will do much more than serve as an information depository, online buy Quick-Detox without a prescription, Japan, craiglist, ebay, overseas, paypal, though; it will also be responsible for contracts and payments. The settlement provides for a board of directors with equal representation of the author sub-class and publisher sub-class.11 A majority of the directors, where can i order Quick-Detox without prescription, Buy generic Quick-Detox, including at least one from each sub-class, is required for the Board to act.12 This will presumably help to protect both the authors’ and publishers’ rights in their dealings with Google, buy Quick-Detox online no prescription, Quick-Detox over the counter, and possibly other providers somewhere down the line.

Google and the Registry will determine the subscription prices.13 This basically amounts to Google proposing prices, Quick-Detox gel, ointment, cream, pill, spray, continuous-release, extended-release, Buy no prescription Quick-Detox online, and the Registry board approving or denying, thus acting as a check on Google.14 The settlement claims that Google and the Registry will attempt to base subscription prices on two factors: “the realization of revenue at market rates for each Book and license on behalf of Rightsholders” and “the realization of broad access to the Books by the public, where can i buy cheapest Quick-Detox online, Order Quick-Detox from United States pharmacy, including institutions of higher education.”15 These are worthy guidelines if followed. Ideally, buy Quick-Detox no prescription, Buy Quick-Detox online cod, the first goal (and the cost of corporate profit) will not make the second impossible. The legal databases provided by LexisNexis and Westlaw are examples of digital libraries that are unavailable to the masses due to high cost.

Rather than litigating the fair use question at issue in these lawsuits, Google settled for a large sum of money, order Quick-Detox online no prescription. This means that the legal standard is no better understood, order Quick-Detox online overnight delivery no prescription, Quick-Detox trusted pharmacy reviews, and the price for using this material is high—$125 million in this case. Microsoft already bowed out of the competition for creating a searchable library database last spring.16 This could make it far more difficult for others interested in creating digital libraries or databases to acquire rights to the media, Quick-Detox for sale, Where can i buy Quick-Detox online, perhaps harming some of the smaller scale enterprises that have recently been appearing on library websites.17

What does all of this mean for the average Google user. Whether or not this settlement and the new Book Rights Registry will make a real positive difference for individuals and libraries across the country is somewhat uncertain, buy Quick-Detox without prescription. Order Quick-Detox online c.o.d, Search capabilities will definitely increase, which is Google’s main goal behind this expensive effort. Order Quick-Detox online no prescription, But will people have access to content as they would at a library, or will the Google Books site simply become a mammoth bookstore, crowding out Amazon and other on-line retailers. The settlement only provides for public libraries to have one terminal where users may, one at a time, view out-of-print books and print them, for a per-page fee of course.18 This does not appear to be an exceptionally user friendly model.

Whether or not institutions will subscribe to this database and individuals purchase books will depend on multiple factors. Two of the most important may be price and ease of use. Even if an institution purchases a subscription or an individual buys a particular book, they are still restricted to printing or viewing the book on the website.19 This is rather limiting and may make sense only when discussing out-of-print materials. Hopefully Google will use some of the creativity they frequently display, and work with the Author’s Guild, and AAP to engineer a system that will be accessible to everyone.

1 Press Release, Google, Authors, Publishers, and Google Reach Landmark Settlement (Oct, order Quick-Detox online no prescription. 28, 2008).
2 Id.
3 Erica Sadun, Google copyright deal moves forward, Ars Technica, Nov. 19, 2008.
4 Press Release, supra note 1.
5 Id.
6 Id.
7 Id.
8 Reyhan Harmanci, Google, book trade groups settle lawsuits, S.F. Chron., Oct. 29, 2008.
9 Order Quick-Detox online no prescription, Elie Mystal, Thank God For Good Lawyers: Google Destroys Libraries, Not The Law, Above The Law, Oct. 29, 2008.
10 Authors Guild, Inc. v. Google Inc, No. 05-CV-8136, at 65 (S.D.N.Y. Oct.28, 2008), (hereafter “Settlement Agreement”), available at http://books.google.com/booksrightsholders/.
11 Id.
12 Id.
13 Id, order Quick-Detox online no prescription. at 42.
14 Id. at 44. The registry is allowed to propose adjustments to Google. Id. at 45.
15 Id. at 42.
16 Miguel Helft, Microsoft Will Shut Down Book Search Program, N.Y. Times, May 24, 2008.
17 Many Michigan libraries are a part of the Michigan Library Consortium, provided through OverDrive digital media services, which allows card-holders to download eBooks and Audio books to personal computers for a limited amount of time. It is similar to a standard library in that there are limited “copies” of each book available at one time and a patron must wait on a list for the next available copy if all are “checked out.” Michigan Library Consortium Home Page.
18 Settlement Agreement, supra note 10, at 60.
19 Id. at 47-48.

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November 23rd, 2008 at 8:25 am

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by Ryan Walden Order Celexa online no prescription, , MTTLR Associate Editor


Image I Voted? by Kenn Wilson. Rx free Celexa, Used under a Creative Commons BY-NC 2.0 license.
Today’s voters are more likely than ever to read online blogs for political news and views, use candidate websites to examine their stances on the issues, where to buy Celexa, Celexa samples, and then make donations to their favored candidates online. Today’s voters are also more likely to cast their vote using an electronic voting machine, buying Celexa online over the counter, Purchase Celexa, but not all consider that a welcome change. Just ask the plaintiffs in a New Jersey case challenging the use of electronic voting machines.

Last month, Celexa price, coupon, Kjøpe Celexa på nett, köpa Celexa online, Andrew Appel, a computer science professor at Princeton, fast shipping Celexa, Online buying Celexa hcl, released a report of findings on the security of the Sequoia AVC Advantage voting machines (executive summary | pdf report). This report was submitted to the New Jersey Superior Court in support of the plaintiffs in Gusciora v, real brand Celexa online. Corzine, a lawsuit alleging that the use of the AVC Advantage voting machines violates the state constitution’s guarantee to count every vote due to the possibility of fraud, order Celexa online no prescription. Canada, mexico, india, The report finds that the machines, used in 18 of New Jersey’s 21 counties, buy cheap Celexa, Buy Celexa from mexico, can be hacked in as little as seven minutes by installing a new program into the computer to change vote totals. Appel demonstrates how the machines can be hacked in this (90 minute) video, buy Celexa from canada. Where can i find Celexa online,

To combat possible fraud, Appel recommends voter verified paper trails, order Celexa no prescription, Buy Celexa without a prescription, which would entail “an individual paper record of each vote cast, seen and verified by the voter at the time the vote is cast, comprar en línea Celexa, comprar Celexa baratos, Buy cheap Celexa no rx, collected in a ballot box so that it can be recounted by hand if necessary.” Voter verified paper trails is not a new idea – proposed legislation from Congressman Rush Holt (also of New Jersey) would mandate voter verified paper trails in federal elections. Even with voter verified paper trails, where can i buy cheapest Celexa online, Where can i order Celexa without prescription, there must be a way to properly audit paper records to ensure no misconduct has occurred. The Brennan Center for Justice at NYU School of Law has released a report (pdf file) with recommendations for such audit mechanisms.

Order Celexa online no prescription, For their part, Sequoia Voting Systems, which makes the AVC Advantage voting machines, has rebutted the Appel report with a report of its own (pdf report | press release). Sequoia argues that the study was not conducted under real world settings, buy generic Celexa, Order Celexa from United States pharmacy, where detection of tampering is very likely. Sequoia also argues that the AVC Advantage machines were evaluated under “inappropriate standards” - noting that the Appel report’s assertion that the machines “must be correct in all circumstances” is an impossible standard to meet for any sort of voting system, where can i buy Celexa online. Celexa samples,

Ultimately, the arguments on both sides prompt the question: If we can’t have 100% accuracy, japan, craiglist, ebay, overseas, paypal, Buy Celexa from canada, what level of inaccuracy is permissible. Sequoia is certainly right that no system will be correct in all circumstances, real brand Celexa online, Purchase Celexa online no prescription, but if the Appel report is correct with regards to the sheer ease of changing votes, then that is not a sufficient rebuttal, buy Celexa without a prescription. Technology makes voting and counting votes easier, but it may also make voter fraud easier, order Celexa online no prescription. Rx free Celexa, Do the benefits outweigh the costs. A New York Times article notes that two-thirds of voters in the recent election were anticipated to vote by paper, comprar en línea Celexa, comprar Celexa baratos, Celexa price, coupon, with some states, including Florida, Celexa for sale, Celexa from canadian pharmacy, having switched back from electronic voting machines. Virginia and Maryland will switch back to paper ballots for the 2010 election, buy Celexa without prescription. Where to buy Celexa, As for New Jersey. In light of this controversy, order Celexa from mexican pharmacy, Ordering Celexa online, at least one Garden State political blogger suggests a decidedly un-21st century method of voting: through the U.S. Mail with an absentee ballot, Celexa over the counter. Purchase Celexa. Kjøpe Celexa på nett, köpa Celexa online. Buy Celexa online no prescription. Order Celexa no prescription. Buy cheap Celexa.

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November 21st, 2008 at 2:06 pm

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by: Brian Savage Order Albenza online no prescription, , Associate Editor, MTTLR

Two former Qwest customers have filed a putative class action lawsuit against Qwest seeking to end termination fees for broadband Internet subscribers. Albenza trusted pharmacy reviews, This is one of the first challenges to broadband service termination fees. Both former customers were charged 200 dollars when they canceled their broadband service, order Albenza online c.o.d. Buying Albenza online over the counter, One customer, Rory Durkin, Albenza gel, ointment, cream, pill, spray, continuous-release, extended-release, Buy Albenza no prescription, intended to cancel service but decided to continue paying for monthly broadband service when he learned of the termination fee - even though he did not have a working computer.

The other customer, Robin Vernon, buy no prescription Albenza online, Buy Albenza online cod, allegedly called to cancel service, was told on the phone by a Qwest customer service representative that there was no fee to cancel, where to buy Albenza, Australia, uk, us, usa, but later received a bill for a 200 dollar early termination fee (ETF). When Vernon demanded to see a contract, fast shipping Albenza, Canada, mexico, india, Qwest informed her that the contract was made orally on the telephone by Mrs. Vernon's husband and that neither a written copy of a contract nor a recording of the telephone conversation was available, order Albenza online no prescription. Shortly thereafter, buy Albenza from mexico, Online buying Albenza hcl, she started receiving calls from a collection agency.

Qwest markets its broadband services as requiring a two-year commitment, where can i find Albenza online, Online buy Albenza without a prescription, but customers do not agree to this in a contract. Customers typically order the broadband service over the telephone, purchase Albenza online. Order Albenza online overnight delivery no prescription, After becoming a subscriber, Qwest mails a "Subscriber Agreement" to the new customer that is not signed by Qwest or the customer, where can i buy cheapest Albenza online. The Subscriber Agreement Order Albenza online no prescription, states "IF YOU ORDER SERVICE WITH A TERM COMMITMENT, YOU AGREE TO MAINTAIN THAT SERVICE FOR THE ENTIRE TERM COMMITMENT PERIOD." The Subscriber Agreement, however, does not mention an ETF and the only term of service mentioned is a month-to-month commitment. Buy cheap Albenza no rx,

The complaint alleges that the ETF is an unlawful penalty under common law contract principles because "(a) it is wholly disproportionate to the harm, if any, order Albenza from United States pharmacy, Australia, uk, us, usa, that early cancellation may cause Qwest; (b) it is not based on a bona fide reasonable estimate of the damages, if any, buy Albenza online cod, Buy Albenza without prescription, that Qwest incurs from an early cancellation; and (c) the actual damage, if any, where to buy Albenza, Canada, mexico, india, Qwest may suffer as a result of early termination is not difficult to ascertain." The complaint also asserts an unjust enrichment claim and other state law claims.

So, Albenza samples, Order Albenza no prescription, what is the likelihood of success in this action and what could this mean for you as a broadband subscriber. Other recent challenges to termination fees in a cellular phone context suggest that if this action against Qwest is successful, buy Albenza from mexico, Albenza price, coupon, customers will likely be able to choose monthly plans without ETFs.

Verizon Wireless agreed to a 21 million dollar settlement in a California class action suit regarding ETFs and now offers plans with month-to-month commitments. Customers can still choose to pay a lower price for the phone and enter into a long-term contract, or the customer can choose to pay full price for the phone without a long-term contract and its accompanying ETF, order Albenza online no prescription. A California judge also ordered Sprint Communications to pay back 18 million to customers who had paid ETFs, buy Albenza without a prescription. Purchase Albenza online, Many phone companies (Sprint, AT&T) are now adjusting their plans by either offering prorated termination fees, order Albenza from mexican pharmacy, Buy cheap Albenza, so that customers pay less if they cancel later in their agreement, or offering monthly plans like Verizon, where can i order Albenza without prescription. Where can i buy Albenza online,

The plaintiffs' successes in the cell phone cases suggests that the broadband case will be successful as well. Cell phone carriers, purchase Albenza online no prescription, Ordering Albenza online, because they offer cheaper handsets when customers enter into a long-term contract, can argue that the ETF is appropriate since customers keep their phones after cancelling service, buy generic Albenza. Buy no prescription Albenza online, The argument for overturning broadband termination fees is arguably stronger because former broadband customers do not keep anything from the company. The end of broadband termination fees, Albenza for sale, Albenza trusted pharmacy reviews, therefore, may be near.

Allowing customers to cancel their service at any time without an ETF and to switch providers may allow for smaller companies with competitively priced plans to more easily build a customer base and compete with the larger companies. This could result in lower prices for everyone.

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November 15th, 2008 at 8:48 pm

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by Holly Lance Order Famvir online no prescription, , MTTLR Associate Editor

It may be time to quit that nasty BitTorrent habit. On October 13th, buy Famvir from canada, Japan, craiglist, ebay, overseas, paypal, President Bush signed into law the PRO-IP Act (Prioritizing Resources and Organization for Intellectual Property Act of 2008), which greatly increases the power of the federal government to protect copyright and trademark owners, purchase Famvir. Famvir from canadian pharmacy,
Some of the big changes coming down the pipe:

  1. A court can take away your computer if you download illegally - §102 of the Act specifies that during a civil action, a Court may order the impoundment of all copyrighted material and the means by which the material can be reproduced, Famvir over the counter, Where to buy Famvir, as well as all documentation regarding the creation, sale, real brand Famvir online, Buying Famvir online over the counter, or receipt of these materials.
  2. Counterfeiters could pay up to $2 million in damages - §103 raises the range of statutory damages available considerably, comprar en línea Famvir, comprar Famvir baratos, Kjøpe Famvir på nett, köpa Famvir online, with the new maximum fine being $2 million, doubling the current $1 million max, fast shipping Famvir. Rx free Famvir,
  3. Harsher criminal penalties for infringement - §205 punishes infringers with jail time (up to life) if someone is seriously injured or dies as a result of the trafficking of counterfeit goods or services.
  4. There will be an “IP Czar” - §301 creates the position of an Intellectual Property Enforcement Coordinator (appointed by the President and confirmed by the Senate), who will be in charge of an interagency intellectual property enforcement committee and will help facilitate coordination between agencies, order Famvir online no prescription.

The law originated in the House last December (introduced by Rep, Famvir gel, ointment, cream, pill, spray, continuous-release, extended-release. Online buying Famvir hcl, John Conyers (D-MI)), and passed in the House by a very large margin in May, where can i find Famvir online. Order Famvir online overnight delivery no prescription, A similar bill was introduced in the Senate by Senator Patrick Leahy (D-VT), and passed in the Senate unanimously and the House by a large margin (90.3% by both Democrats and Republicans), order Famvir from United States pharmacy. Online buying Famvir hcl, While many criticize the PRO-IP Act as harsh, the version that Bush signed has actually been toned down considerably, where to buy Famvir, Purchase Famvir online no prescription, as previous proposals included much higher statutory damages, creation of a new federal agency, buy cheap Famvir, Famvir trusted pharmacy reviews, and giving authority to the DOJ to sue on behalf of copyright holders.

Young 1920's-era woman dressed as a pirate
Image Pirate Mona by Kim P. Used under a Creative Commons BY-NC-SA 2.0 license.
Order Famvir online no prescription, As expected, the RIAA and MPAA are quite pleased with the new law. The National Association of Manufacturers is happy too, where can i buy cheapest Famvir online, Australia, uk, us, usa, and President John Engler calls the PRO-IP Act “a shining example of a bicameral, bipartisan effort to advance legislation to protect our consumers, fast shipping Famvir, Famvir over the counter, jobs and businesses from intellectual-property piracy and counterfeiting.” Copyright infringement and counterfeiting are serious problems, and this Act represents a major step by the government in protecting IP owners, real brand Famvir online. Buy Famvir without prescription, The RIAA and MPAA have been particularly concerned about P2P networks for several years, and if this Act is strongly enforced, Famvir price, coupon, Buying Famvir online over the counter, it will give owners more tools for suing infringers and provide more federal oversight. In a tough economy like this, Famvir gel, ointment, cream, pill, spray, continuous-release, extended-release, Buy Famvir no prescription, the Act can serve to bolster U.S. businesses, buy cheap Famvir no rx, Where can i order Famvir without prescription, which lose $200-$250 billion and 750,000 jobs annually due to infringement and counterfeiting (or maybe not), where to buy Famvir.

Not everyone is happy about the PRO-IP Act, order Famvir online no prescription. Online buy Famvir without a prescription, Public interest groups like the Electronic Frontier Foundation and Public Knowledge criticize that the Act “amplifies copyright without protecting innovators or technology users” and “adds more imbalance to a copyright law that favors large media companies.” These groups are worried that the Act is unnecessary, will curtail legitimate fair use, rx free Famvir, Buy Famvir from canada, and impose fines and seizures that are much too severe. Even the DOJ expressed its concern about the creation of an “IP Czar” and felt that such an enforcer would undermine the DOJ's independence, japan, craiglist, ebay, overseas, paypal. Order Famvir from mexican pharmacy,

It is hard to say at this point what will become of the PRO-IP Act. Obviously a lot will depend on who is to become the first “IP Czar”, where can i buy Famvir online, Buy Famvir online cod, which will likely be decided by the next president. Order Famvir online no prescription, Obama’s campaign plan already included the creation of a “Chief Technology Officer”. This Business Week article speculates that possible candidates for the position include Vint Cerf, buy no prescription Famvir online, Buy Famvir from mexico, Steve Ballmer, Jeffrey Bezos, order Famvir online overnight delivery no prescription, Ed Felten, while the Wall Street Journal shows that some believe Google Chief Executive Eric Schmidt wants the job. One factor that may influence the decision is Obama’s recent battle against major copyright holder NBC, which took down a popular YouTube video mocking a McCain victory. His official stance is that there is a “need to update and reform our copyright and patent systems to promote civic discourse, innovation and investment, while ensuring that intellectual property owners are fairly treated.” John McCain also seems to have a personal sympathy for fair use of copyright materials, as evidenced by this letter from his campaign to YouTube, which bemoans the “overreaching copyright claims” that have “silenc[ed] political speech” and wants to give campaigns special treatment. Ironically, the letter is dated October 13, 2008, the same day that Bush signed the Act. McCain also openly “supports efforts to crack down on piracy, both on the Internet and off.” While it seems like Obama may be more friendly to reform, keep in mind that it was Democrats who initiated the bills in both the House and the Senate. Obama will likely present a more “fair use”-friendly “IP Czar”, but the real question may be if he or she can get past the Senate.

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November 10th, 2008 at 6:45 am

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by Dororthy Eshelman Order Quinine online no prescription, , MTTLR Associate Editor

Introduction


Millions of viewers have tuned in to watch the presidential and vice-presidential candidates debate pressing issues before heading to the polls earlier this week.1 A growing number of Americans, however, get their political information from online sources and search YouTube, political blogs and other non-traditional sources for debate coverage. In this most recent election, Buy generic Quinine, but even more so in those to come, the issue of who has what rights to use, remix, kjøpe Quinine på nett, köpa Quinine online, and distribute that content has been and will be an essential concern of participatory democracy. Canada, mexico, india, and upcoming elections.

Some networks have sought to encourage political participation and voter awareness by making their debate footage freely available to the public despite potential copyright violations.2 But not all networks chose to make their debate footage available for widespread dissemination. Fox News was heavily criticized when it sent cease and desist notices to candidates using debate clips from the Fox-sponsored Republican primary events.3 Senator McCain, buy Quinine online no prescription, in particular, Ordering Quinine online, faced the brunt of Fox’s wrath when he aired a television ad entitled “Tied Up” that was approximately 30 seconds in length, most of which came from a Fox debate, as evidenced by the Fox logo clearly visible in the lower corner of the screen.4 Although Fox News claimed exclusive rights to the footage, Quinine for sale, Senator McCain argued that his use of the clip was within his fair use rights to his own statements during the debate.5 Since the issue was not litigated, Purchase Quinine online, but still is of primary importance for later debates, this post will discuss whether the “fair use” exception can be invoked to justify using both small and substantial portions of the debate in later reproductions.

Is Reproducing Copyrighted Debate Footage a "Fair Use"?


When confronted with legal action, Senator McCain argued that his use of the 30 second clip of Fox News footage constituted a fair use of copyrighted material as provided for in 17 U.S.C, comprar en línea Quinine, comprar Quinine baratos. §107, order Quinine online no prescription. This section of the Copyright Act details the fair use limitations on exclusive copyrights, Where can i find Quinine online, as determined by an analysis of four factors
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.”6

The fair use exception represents a balance between the copyright owner’s exclusive rights and the public’s interest in the wide availability of information that affects “areas of universal concern.”7

Where, as here, Quinine samples, the “purpose and character of the use” is primarily political in nature, Purchase Quinine, courts are inclined to classify it as a fair use. Important first amendment implications cannot guarantee a fair use defense, but “when an act of copying occurs in the course of a political, order Quinine online c.o.d, social or moral debate, Order Quinine no prescription, the public interest in free expression is one factor favoring a finding of fair use.”8 Likewise, because the original work is political and made for the benefit of the public, the second prong also counsels in favor of fair use.9



Although the contested McCain advertisement used just a small portion of the Fox debate footage and so it would likely have no problems with the third and fourth prongs of the fair use guidelines, Quinine from canadian pharmacy, individuals that post more substantial portions of a debate may run afoul of those factors, Buy Quinine without a prescription, as well. When the 11th Circuit evaluated whether the fair use defense allowed the duplication of entire news stories (albeit for commercial sale), the court concluded that the substantiality of the copied segment and the commercial purpose of the copy nullified the defense even though the news station did not “actively market copies of the news programs” for its own profit.10 Posting substantial portions of the copyrighted debates may be problematic if based only upon the fair use exception to the exclusive rights of the broadcasting networks.

The Public Domain as an Alternative to Fair Use

Because of the legal uncertainty over whether fair use protects candidates and the public when posting debate footage, Quinine from canadian pharmacy, a number of online activists across the political spectrum (including Professor Lessig of Stanford Law, Buy Quinine without a prescription, Craig Newmark, founder of Craigslist and Jimmy Wales, founder of Wikipedia) are calling for networks to release their footage to the public domain.11 According to this bi-partisan group, where can i order Quinine without prescription, the presidential debates are held for the benefit of the public, Where to buy Quinine, and so “the right to speak about the debates ought to be ‘owned’ by the public.”12 Since the candidates themselves largely control the terms under which they debate, Professor Lessig believes that they should take a more direct stand on the issue and insist that the networks release the debate footage.13 Although networks certainly have an interest in maintaining their copyrights to political debates, perhaps Professor Lessig is correct in his observation that “[c]opyright, purchase Quinine online, in my view, Real brand Quinine online, is essential and important, in some places. This isn't one."14



1 Steve Gorman, buy Quinine no prescription, Palin-Biden Debate Sets TV Ratings Record, Quinine for sale, Reuters, Oct. Order Quinine online no prescription, 3, 2008.
2 See Detailed Usage Guidelines, msnbc.com. (“After the live debate has concluded, purchase Quinine online no prescription, non-NBC media and individuals, Buy Quinine without prescription, including blogs and Internet media, may make unlimited use of the debate and excerpts, with appropriate credit to MSNBC, Quinine gel, ointment, cream, pill, spray, continuous-release, extended-release, for the purpose of analyzing, Buy Quinine from canada, reporting on, or commenting on the debate.”). See also CNN: No restrictions on presidential debate footage, buy cheap Quinine, cnn.com, Kjøpe Quinine på nett, köpa Quinine online, May 5, 2007.
3 Jon Stokes, Fox News Faces Wrath from Right and Left over Debate Footage Stance, where can i buy cheapest Quinine online, arstechnica.com, Rx free Quinine, Nov. 1, 2007.
4 Tied Up (John McCain 2008, purchase Quinine, 2007).
5 Jim Rutenberg, Buy no prescription Quinine online, Fox Orders Halt to McCain Ad, The New York Times Politics Blog (Caucus) (Oct. 25, Quinine trusted pharmacy reviews, 2007).
6 17 U.S.C. § 107 (2000).
7 Meeropol v, order Quinine online no prescription. Order Quinine online overnight delivery no prescription, Nizer, 560 F.2d 1061, 1068 (2d Cir, buy Quinine from mexico. 1977).
8 Hustler Magazine, Fast shipping Quinine, Inc. v. Moral Majority, order Quinine online c.o.d, Inc., Buy Quinine online cod, 606 F. Order Quinine online no prescription, Supp. 1526, 1536 (C.D, buying Quinine online over the counter. Cal. Australia, uk, us, usa, 1985)
9 Keep Thomson Governor Comm. v. Citizens for Gallen Comm., 457 F, order Quinine online no prescription. Supp, buy Quinine online no prescription. 957, Order Quinine no prescription, 961 (D.N.H. 1978)
10 Pacific & Southern Co. v, comprar en línea Quinine, comprar Quinine baratos. Duncan, Quinine over the counter, 744 F.2d 1490, 1496 (11th Cir. 1984).
11 Julian Sanchez, Bipartisan Coalition: Debate Footage Must be Public Domain, arstechnica.com, Sept. 26, 2008.
12 Letter from Open Debate Coalition to Senator McCain and Senator Obama.
13 Id.
14 Andrew Malcom, Diverse Web Coalition asks McCain, Obama to Alter Debates, Los Angeles Times Blogs (Top of the Ticket), Sept. 25, 2008.

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Editor: This post is part of a short MTTLR Blog series on the Computer Fraud and Abuse Act - Part one argues that the CFAA should not be expanded to address the problem of online bullying. Order Dexamethasone from mexican pharmacy, Part two (this post) looks to the Sarah Palin email hacking case to call for a review and possible expansion of the CFAA's provisions.

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Image Security by David Goehring. Used under a Creative Commons BY 2.0 license.
It has been over two decades since David Lightman, japan, craiglist, ebay, overseas, paypal, Dexamethasone price, coupon, a scrawny Seattle high school boy, stole our hearts when he almost started World War III by hacking into the North American Aerospace Defense computer system in the 1983 movie Wargames, online buying Dexamethasone hcl. Where to buy Dexamethasone, David Kernell, a modern day hacker, canada, mexico, india, Buy cheap Dexamethasone no rx, who allegedly broke into Sarah Palin’s personal Yahoo e-mail account certainly generated the same amount of attention, but he may not have elicited the same emotions.

The hacker impersonated Palin and used three pieces of readily available personal information in order to change the account’s password and get access to her e-mails, online buy Dexamethasone without a prescription. Buy generic Dexamethasone, Palin’s e-mail contents, including some personal family pictures, ordering Dexamethasone online, Where can i find Dexamethasone online, went online overnight and in the process raised not only questions about internet security and personal privacy on the web, but also about whether Palin was deliberately attempting to hide public records by using a personal e-mail account to conduct state business.

This high-profile incident suggests it may be time to revisit the available legal tools to prosecute cyber crimes, where can i buy Dexamethasone online. The primary statute used to incriminate hackers is the Computer Fraud and Abuse Act (CFAA)—originally enacted in 1984, order Dexamethasone online no prescription. Dexamethasone samples, The statute makes it illegal for a person to “intentionally access[] a computer without authorization or exceed[] authorized access and thereby obtain[] … information from any protected computer ….” However, the statute does not make it easy for a prosecutor to charge Palin’s hacker with a felony, order Dexamethasone from United States pharmacy, Where can i order Dexamethasone without prescription, unless other conditions are met. Former Justice Department computer crime Prosecutor Mark Rasch anticipates that the hacker could be charged with as little as a misdemeanor and face “little, Dexamethasone samples, Canada, mexico, india, if any, jail time.” The statute calls for a felony charge if, Dexamethasone over the counter, Buy no prescription Dexamethasone online, inter alia, the value of the information the hacker obtains exceeds $5000, order Dexamethasone from mexican pharmacy, Dexamethasone for sale, or if the hacking was “committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.” It is not clear that Palin’s hacker falls under any of these categories.

According to computer experts, Palin’s hacker used a domestic proxy server in order to transmit the images to websites, real brand Dexamethasone online, Dexamethasone trusted pharmacy reviews, which led to his arrest. One of the bigger problems stemming from advances in internet technology is the difficulty in tracking down hackers who leave little or no trace behind, comprar en línea Dexamethasone, comprar Dexamethasone baratos. Buy Dexamethasone from canada, One such dilemma results when a hacker cleverly uses a proxy server located in a foreign country, where potentially the United States has no jurisdiction (or means via a treaty) to subpoena the log entry, online buy Dexamethasone without a prescription. Dexamethasone gel, ointment, cream, pill, spray, continuous-release, extended-release, The need for more domestic and international protection remains a salient need of our society.

Even though Palin’s e-mail hacking incident is no inauguration of World War III, it is a wake up call to officials—who hopefully have checked their e-mail security by now—and legislators in charge of amending the laws, buy Dexamethasone online no prescription. Buy Dexamethasone no prescription, Today’s fast-paced technological society and the borderless world of the internet make us aware of the need for more protection against cyber criminals through broader statutes with provisions that cover not just hackers, but facilitators as well, order Dexamethasone online overnight delivery no prescription. Buy Dexamethasone without prescription, The possibility of cyber crimes pushing countries into ratifying treaties like the Convention on Cybercrime, is, fast shipping Dexamethasone, Buy generic Dexamethasone, to say the least, a rational expectation, where can i find Dexamethasone online. Buy cheap Dexamethasone no rx. Buy Dexamethasone without a prescription. Japan, craiglist, ebay, overseas, paypal. Order Dexamethasone no prescription. Dexamethasone from canadian pharmacy. Where can i buy cheapest Dexamethasone online. Ordering Dexamethasone online. Buy Dexamethasone from mexico. Where to buy Dexamethasone. Where can i buy Dexamethasone online. Rx free Dexamethasone.

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by: Teresa Lin Order Artane online no prescription, , Associate Editor, MTTLR

Editor: This post is part of a short MTTLR Blog series on the Computer Fraud and Abuse Act - Part one (this post) argues that the CFAA should not be expanded to address the problem of online bullying. Part two looks to the Sarah Palin email hacking case to call for a review and possible expansion of the CFAA's provisions.


Image Instant Messaging by Eric Bartholomew. Artane price, coupon, Used under a Creative Commons BY 2.0 license.
Bullies. They’re an unattractive staple of childhood. Most of us have either been one, purchase Artane, encountered one, Purchase Artane online no prescription, or observed one in action. But, alas, gone are the good old days of schoolyard bullies, where our homes were still places of refuge from schoolyard threats and teases, order Artane online no prescription. A new era of bullying has arrived – cyberbullying.

If you’re reading this blog, buy cheap Artane, then you might have already heard of the MySpace suicide case often used in awareness campaigns against cyberbullying. Where to buy Artane, For those that haven’t, here’s a quick recap:

In November of 2007, Lori Drew was accused of helping her minor daughter create a fake MySpace account to lure, order Artane online c.o.d, ridicule, Australia, uk, us, usa, and taunt her daughter’s ex-friend and neighbor, Megan Meier. Megan, kjøpe Artane på nett, köpa Artane online, at age 13, Buying Artane online over the counter, committed suicide as a result of the online bullying. Order Artane online no prescription, While Missouri prosecutors were unable to find anything in the books to charge Lori Drew for criminal wrongdoing relating to Megan’s death, federal prosecutors in Los Angeles did not. This May, Drew was indicted by a grand jury in Los Angeles for conspiracy to commit a federal crime under the Computer Fraud and Abuse Act (CFAA), purchase Artane online, 18 U.S.C. Buy Artane online cod, § 1030. While the trial was scheduled to begin on October 7th, it has not proceeded, online buying Artane hcl, and Drew’s defense attorney believes that the trial might be pushed further into December.

For a more thorough account of the story, Order Artane from United States pharmacy, see this New Yorker article, or follow the case on the Wall Street Journal Law Blog.

The question now is whether District Court Judge Wu should dismiss Drew’s indictments under the CFAA, order Artane online c.o.d. And if so, what then for the morally reprehensible behavior of Lori Drew, an adult who instigated and heightened a game of child’s play that lead to a young girl’s suicide?

Let’s begin by examining the textual problems with charging Drew under § 1030(a)(2)(c), order Artane online no prescription. This subsection of the statute makes it a federal crime for anyone to intentionally access a computer without, Order Artane from United States pharmacy, or in excess of, authorization to obtain information from a protected computer, if the conduct involved an interstate or foreign communication. The Congressional intent of this statute was not to give federal jurisdiction over all circumstances in which someone unlawfully obtains information via a computer or the internet, purchase Artane online no prescription. Rather, Artane for sale, subsection 1030(a)(2)(C) was amended in 1996 with the intent to use the CFAA to “protect against the interstate or foreign theft of information by computer.” The purpose of this subsection is clear: CFAA is meant to punish those who ‘steal’ information (whether tangible or intangible) through computers. What interstate theft was involved in the MySpace suicide. Even if we’re wildly assuming that juicy teen gossip can be considered an intangible good that the Drews ‘stole’ from Megan, buy Artane online no prescription, where is the interstate connection. Order Artane online no prescription, All the parties involved in this case resided in Missouri during the entire episode. Buy no prescription Artane online, The only interstate medium remotely applicable is MySpace. MySpace and its servers are in Beverly Hills, California, where to buy Artane, a subsidiary of Fox Interactive Media. Buy Artane from canada, But the communications exchanged were still between people within Missouri.

Furthermore, comprar en línea Artane, comprar Artane baratos, the statute has been historically applied to mostly internet hacking cases; if the prosecution is allowed to continue under CFAA, Artane from canadian pharmacy, it’s a daunting expansion of the federal government’s jurisdiction into unchartered and unintended territories. When Drew and her daughter registered the MySpace account under a fake identity, Drew agreed to the website’s terms of service (TOS), purchase Artane online. (MySpace updated their TOS in February 2008; this linked version may be different from the one Drew and her daughter agreed to in 2007), order Artane online no prescription. The TOS required Drew to register the account based on truthful and accurate information, Real brand Artane online, to refrain from promoting false or misleading information, and to refrain from using MySpace to harass, abuse, buy generic Artane, or harm other people. Artane price, coupon, The prosecution claimed that Drew and her daughter conspired to violate MySpace’s TOS when they set up their hoax account based on a fraudulent identify to use it for tortious actions against Megan Meier. Thus, according to the indictment, australia, uk, us, usa, they violated provisions of the CFAA by intentionally accessing a computer without and in excess of authorization to obtain information from Megan over the internet. Fast shipping Artane,

Lawmakers and lawyers alike may feel their hair rise to hear the CFAA applied so broadly. Order Artane online no prescription, What would it mean for users for the federal government to be able to broadly apply the CFAA to all users who register accounts under false information. For security purposes, I purposely register all my accounts under different date of births so that my personal information is not readily available on the web, order Artane no prescription. Of course, Where can i find Artane online, the government won’t prosecute everyone that commits fraudulent registrations, right. But if not, Artane trusted pharmacy reviews, how does the government decide who should be prosecuted, Buy Artane without prescription, and will they be allowed to exercise such discriminatory selection. Allowing the prosecution to continue under the CFAA statute clearly raises issues related to social networking generally. It might not hurt to start reviewing some of the TOS you may have agreed to already, such as for Facebook, Twitter, Habbo, Friendster, or Orkut, order Artane online no prescription.

Justice Oliver Wendell Holmes said it best in his dissent in Northern Securities Co, order Artane online overnight delivery no prescription. v. Canada, mexico, india, United States: hard cases make bad law. What happened to Megan was a hard case – a life prematurely thrown away due to an immature prank by an adult. Order Artane online no prescription, This awful tragedy draws on our innate social emotions to want to connect a law that can severely punish Lori Drew for her actions. But, buy Artane from mexico, as loud as society is screaming for justice, Online buying Artane hcl, expanding the CFAA to such an extent is clearly bad law.




For those unsatisfied with the conclusions drawn above, here’s a tidbit to console if Drew avoids legal prosecution. While the court battles the legal dilemma of how to prosecute Lori Drew, ordering Artane online, if at all, Order Artane from mexican pharmacy, the blogging community has been alive with their own sort of virtual vigilante justice. In mid November of 2007, when the story exploded over national television, buy Artane online cod, video clips from CNN and Fox News, Buy cheap Artane, and even the original Suburban Journals article that first ran the story, all refrained from revealing the identify of Lori Drew to the public out of concern for her minor daughter. Repulsed by Drew’s action, online buy Artane without a prescription, the internet community was not so kind. By November 17, 2007, bloggers broadcast and posted Lori Drew’s name, police report, personal address, business information, phone number, and her husband’s employment information, order Artane online no prescription. Artane samples, Drew, who owned an advertising business, was rumored to have closed down her business and relocated due to her notoriety, purchase Artane. Drew is sure to be haunted by her actions for a very long time. Buy Artane without a prescription, But is this form of virtual vigilante justice satisfying. Is it commendable or condemnable. The lines between the vigilante response and the original abuses grow increasingly unclear.

Though virtual vigilantism is a debatable sort of justice, the community at large has been taking a more definite form of justice – legislation. Numbers of states have either proposed or already enacted legislation that prohibits cyberbullying. See examples from New York, California, Illinois, and Missouri. Congress has also gotten involved, drafting a bill to make cyberbullying a federal crime, also known as the Megan Meier Cyberbullying Prevention Act.

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November 4th, 2008 at 11:51 am

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