Politics and Law

Although a judge recently ruled in favor of Apple in its copyright infringement case against Psystar, the two companies have reached a new settlement, according to Computerworld and other reports.

Details are sketchy at this point, and there's no confirmation from Apple, but Psystar claimed in a motion filed Monday that a partial settlement has been reached.

"Psystar has agreed on certain amounts to be awarded as statutory damages on Apple's copyright claims in exchange for Apple's agreement not to execute on these awards until all appeals in this matter have been concluded," noted Psystar's motion filed in federal court in San Francisco. "Moreover, Apple has agreed to voluntarily dismiss all its trademark, trade-dress, and state-law claims. This partial settlement eliminates the need for a trial and reduces the issues before this Court to the scope of any permanent injunction on Apple's copyright claims."

Psystar also seems to be looking for a loophole against any injunctions. Apple had asked the court to prevent Psystar from selling clones not just with Leopard, but also Snow Leopard, which was released after the lawsuit began. But in its filing, Psystar argued that it should be allowed to sell its Rebel EFI utility, which lets customers install Snow Leopard on clones sold by the company, thus moving the legal burden away from Psystar.

Psystar's motion also indicated that another motion with further details would be filed Tuesday with Judge William Alsup.

Apple's lawsuit against Psystar began in July 2008 after Psystar started selling Mac clones with OS X installed on them. Apple has argued that its end user license lets people install its operating system on Apple computers only.

On November 13, Alsup ruled in favor of Apple, finding that Psystar's use of OS X on its clones was not "fair use" as the company contended and further finding that Psystar violated the Digital Millennium Copyright Act (DMCA) by "circumventing Apple's protection barrier."

Since then, Apple has been keen to shut down Psystar's Mac clone business permanently, calling for an injunction against the company and potentially millions of dollars in damages, substantially more money than the clone maker has.

Alsup's findings and Apple's fervor in going after Psystar raise the question of why Apple would agree to any kind of settlement at this point. A hearing was set for December 14, with a full trial scheduled to start in January. But if the latest news from Psystar is true, then the company may be able to avoid further courtroom drama.

Neither Psystar nor Apple has responded to requests for comment. We'll provide further details of this latest development as court documents become available.

eBay is criticizing a French court's ruling that orders the company to pay a $2.55 million fine to European conglomerate LVMH.

The auction giant and its European unit were fined 1.7 million euros on Monday by the Commercial Court of Paris, which ruled that the company violated a 2008 court order by not preventing the sale of legitimate LVMH perfumes and cosmetics. LVMH's brands include Christian Dior, Guerlain, and Givenchy perfumes.

In June 2008, the Commercial Court fined eBay $61 million in a lawsuit filed by the conglomerate, which is officially known as LVMH Moet Hennessy Louis Vuitton. LVMH had asserted that eBay had not done enough to stamp out the sale of fake LVMH goods on its site. The court went a step further, ruling that eBay-traded LVMH products--even authentic ones--were not being sold by an authorized reseller. As a result, eBay was ordered to remove all listings of these products.

eBay criticized the ruling then, saying it was an attempt by LVMH to "protect uncompetitive commercial practices." eBay likewise condemned the new ruling.

"Today's outcome hurts consumers by preventing them from buying and selling authentic items online," Alex von Schirmeister, general manager of eBay in France, said in a statement. "The injunction is an abuse of 'selective distribution.' It effectively enforces restrictive distribution contracts, which is anti-competitive."

Despite its objections, eBay argued that it has complied with the 2008 court order. The company said it has used state-of-the-art filtering software to check millions of listings each day, making thousands of authentic LVMH products invisible or inaccessible to French eBay users.

eBay also discounted the proof brought against it, claiming that LVMH offered details on only 1,341 listings out of 200 million posted on the auction site each day. eBay believes those listings were deliberately posted by people to sneak past the filters. In 1,091 of the listings targeted by LVMH, the seller did not accurately describe the item, using misspelled brand names, no brand names at all, or only pictures to describe the product.

As a result, eBay asserts that both the fine and ruling are unjustified. The fine itself is disproportionate given that eBay complied with the injunction," said von Schirmeister. "It is out of step with our legal victories in France, U.K., Germany, Belgium and the U.S."

eBay plans to appeal the new ruling and two other cases tied to LVMH. "We believe that the higher courts will overturn this ruling and ensure that e-commerce companies such as eBay will continue to provide a platform for buyers and sellers to trade authentic goods," said von Schirmeister.

eBay has been in and out of U.S. and European courtrooms for years, sued by companies trying to clamp down on the sale of fake versions of their legitimate products. It's faced courtroom battles with several European powerhouses, winning cases against L'Oreal and Tiffany, but losing suits filed by LVMH.

As the World Trade Center and Pentagon were ablaze on September 11, 2001, the U.S. Secret Service's presidential protective detail was informed that a "Korean airliner has been hijacked" en route to San Francisco, prompting already-skittish agents to worry about another wave of terrorist attacks.

That morning and afternoon, Secret Service agents assigned to protect the president and his family found their pagers constantly buzzing with alerts both true and false. There was a false alarm about a car bomb in downtown Washington, D.C., a report of "two Arab males detained" after asking for directions to the presidential retreat at Camp David, and reassurances that "Twinkle and Turq"--code names for the Bush daughters--were safe and accounted for.

This unusual glimpse into the events of 9/11 comes from messages sent to alphanumeric pagers that were anonymously published on the Internet on Wednesday, via WikiLeaks.org....

Read the full story of "Egads! Confidential 9/11 Pager Messages Disclosed at CBSNews.com.

Insurance companies want us to be healthy. Really, they do. They have our interests at heart, and they defend those interests with an unusual zeal. This is why I am wondering which details might be missing from the tale of Natalie Blanchard.

According to the Associated Press, Blanchard, a 29-year-old IBM employee from Bromont, Quebec, was suffering from depression and took time away from work, relying on sick-leave benefits from her insurer, Manulife Financial.

The monthly payments were suddenly halted. When she called Manulife to ask why, she says she was told that it had espied photos on her Facebook page that showed her cheerful. Ergo, the argument allegedly went, she was able to work. Which led to the second ergo: no more payments.

The pictures, about which I am sure you are already wondering, were of her at a show featuring those tensing torsos, the Chippendales, as well as at a birthday party and on a beach holiday.

Depression is a nasty business. Cures are not exactly logical. And Blanchard says she went on three trips, each of a four-day duration, after consulting with her psychiatrist.

Manulife, while confirming (footage from Sky News embedded here) that it does use social-networking sites to, well, check up on its customers, also said, "We would not deny or terminate a valid claim solely based on information published on Web sites such as Facebook."

Perhaps you, too, have some questions. What sort of a life is it when you spend your days trawling social-networking sites to sniff around your customers' personal existence? How is it that Manulife observed Blanchard's photos? Did she leave her Facebook page entirely open, or could it be that she had her insurance agent as one of her Facebook friends? Was she, indeed, already under suspicion before the Facebook trawling began?

December 8, this case will be heard in the Quebec Superior Court. Surely, we will learn a little more about Natalie Blanchard and a little more about Manulife. Perhaps Facebook could provide a live feed from the proceedings?

A few days after leaked e-mail messages appeared on the Internet, the U.S. Congress may probe whether prominent scientists who are advocates of global warming theories may have misrepresented the truth about climate change.

Sen. James Inhofe, an Oklahoma Republican, said on Monday the leaked correspondence suggested researchers "cooked the science to make this thing look as if the science was settled, when all the time of course we knew it was not," according to a transcript of a radio interview posted on his Web site. Aides for Rep. Darrell Issa, a California Republican, are also looking into the disclosure.

The leaked documents (see our previous coverage) come from the Climatic Research Unit of the University of East Anglia in eastern England. In global warming circles, the CRU wields outsize influence: it claims the world's largest temperature data set, and its work and mathematical models were incorporated into the United Nations Intergovernmental Panel on Climate Change's 2007 report. That report, in turn, is what the Environmental Protection Agency acknowledged it "relies on most heavily" when concluding that carbon dioxide emissions endanger public health and should be regulated.

Read more of "Congress May Probe Leaked Global Warming E-Mails" at CBSNews.com.

Spanish officials said earlier this week that the government will require service providers to offer broadband with speeds of at least 1 Mbps at regulated rates to residents living anywhere in the country.

A frenzy over a new Sony Ericsson smartphone at the GSMA Mobile World Congress in Barcelona last February.

(Credit: Marguerite Reardon/CNET )

The Spanish telecommunications minister issued a statement Tuesday declaring that broadband would be added to the country's so-called "universal service," which guarantees reasonably priced telephone service to citizens, Reuters reported. The goal is to offer affordable broadband with speeds of at least 1 Mbps to residents by 2011.

To achieve this goal the Spanish government will require any service provider that gets universal service funds to also include broadband services to any home as part of its service.

Last month, Finland's minister of communications announced a similar plan. By July 1, 2010, every person in Finland will have the right to a 1 Mbps connection.

While the 1Mbps speeds don't sound like much, Spanish and Finnish officials say it's just the beginning. They hope this speed will serve as a starting point. And they believe that network operators will increase speeds over time.

Finland has already established aggressive public policies in place to encourage more ubiquitous and faster broadband deployments. In 2008, the Finnish government said it would pay a third of the cost to wire the country with fiber by 2015.

These mandates come at a time when the U.S. Federal Communications Commission is drafting a national broadband policy that outlines a plan for policies to help provide universal broadband to every American. The plan will be presented to Congress in February 2010.

In a report this week to the FCC, the task force working on the national broadband policy highlighted several barriers to universal broadband, including problems with the U.S. Universal Service Fund. But taking action to change the system is difficult.

The U.S. Universal Service Fund subsidizes the cost of building telephone infrastructure throughout the country in places where it is too expensive to deploy such services. Much of the money from this fund, which is collected from consumers as part of their monthly phone bills, is still being used to subsidize regular telephony service. Many policy makers and government officials say the program needs to be revised to include broadband. And the funding mechanism also needs to be revised.

While many consumer advocates believe the U.S. government should take a more active role in directing policy in way similar to what is happening in Finland and Spain, it's important to note that the U.S. is a much larger country by population and geography than either of these countries. To put it in context, Finland has about 5.3 million residents, compared to more than 300 million people who live in the U.S.

Developing and funding universal broadband access in the U.S. will cost anywhere between $20 billion and $350 billion, according to government estimates. That said, establishing a clear policy road map could help pave the way to truly affordable high speed Internet access everywhere in the U.S.

Tiburon, Calif., is a twee little place. If you aren't familiar with the old-country colloquialism "twee," it means, well, something like "precious." Like one of those dogs Paris Hilton used to carry in her purse.

When one wanders through its little streets, just north of San Francisco, one gets the sense that a few of the residents, on seeing someone who appears not to be from around those parts, reach for their handkerchief and hand sanitizer.

How can one, therefore, be surprised that a meeting of the Tiburon Town Council voted on Wednesday by 4 to 0 to install cameras to photograph every single car that enters or leaves this little Disneyland?

The San Francisco Chronicle reported that this may be the first community in the country to have defended itself with cameras in such a way. The idea is to photograph the license plates of every car that treads Tiburon's hallowed roads and compare the information with the police's list of the stolen and nefarious.

Tiburon. Such a tranquil place.

(Credit: CC Stewart/Flickr)

The Tiburon police chief, Michael Cronin, told the Chronicle: "I think it makes the community safer."

There are certainly even more definitions of the word "safety" than of the word "twee." However, it is heartwarming that the Tiburon police--inspired, perhaps, by Google--promise that the information will be kept for only 30 days.

The strange thing is that Tiburon, a northern suburb of San Francisco, isn't exactly Oakland. It doesn't enjoy high crime figures. Indeed, some might say that the most criminal elements in the place are to be seen on the racks of its clothes stores.

The town is fortunate, however, in that it is on a peninsula, from which there are only two roads. So the total cost of putting up six cameras is estimated to be no more than $200,000, which works out at something near $20 per resident. (Tiburon residents enjoy, by the way, a median income somewhere above $125,000.)

I know there will be some who believe you can never have enough security cameras in this heinous and half-witted world. But perhaps some will worry that the police might make rather instinctive judgments about the provenance of certain cars and their intentions.

Others will wonder whether this decision might affect businesses in Tiburon. Still others will ponder whether the police might be willing to offer a Web site showing the movements of all its officers.

I merely wonder how many people, knowing they might have to go to Tiburon for a meal of organic Kobe beef, rosemary ice cream, and plenty of Stags Leap cabernet, will choose to remove their front license plates. You know, just to be on the safe side.

NEW YORK--Former Six Apart executive and well-read blogger Anil Dash has a new gig: he announced at the Web 2.0 Expo here on Wednesday that he will be the director of Expert Labs, a new nonprofit that will take the dot-com incubator model and apply it to new digital tools for the federal government.

"Despite what our ego tends to think in the tech industry, the issue is not that we need to have more tweeting from the White House," Dash said onstage. "(We can) help them learn the lessons that we've seen over the past half decade of Web 2.0's ascendence."

Expert Labs, which is a division of the American Association for the Advancement of Science that's funded by the MacArthur Foundation, will match digital voids and holes in government and policy with the developers who can fill them, with grant money paying for the work. The organization also hopes to host developer competitions, a similar move to some municipal projects like New York's "Big Apps."

It's not a government agency, but the Expert Labs Web site explains that "we've been privileged enough to connect with agencies and departments across the federal government, from the White House on down." Cutting through bureaucracy, needless to say, will still be a challenge. Dash is unfazed.

"If we tap into the expertise of each community, there's enormous potential," he said. "So we're going to ask policymakers for their expertise in defining the questions that we need answered." Then, Expert Labs plans to hook those projects up with technologists who can build the requisite systems, and then to members of the science and academic communities to help solve the issues at hand.

"No matter how smart the policymakers are in our government...there's always going to be more experts outside the Beltway," Dash said. "The tactics thus far have been a closed-door meeting with a half dozen people for an hour."

He asserted, "The Web has changed the way that works."

The Federal Communications Commission met Wednesday to discuss obstacles to enacting a national broadband policy that will provide high-speed Internet access to every American.

President Obama has made universal broadband access a key goal. Grants and loans for helping make universal broadband access a reality have already started being doled out as part of Congress' economic stimulus package.

In an effort to ensure that new programs and policies work toward achieving the same goal, the FCC has been tasked with developing a national broadband plan to help direct policy makers in getting affordable broadband to every American. A task force, headed by Blair Levin, who had been chief of staff for former FCC chairman Reed Hundt, is developing the plan that will be presented to Congress on February 17, 2010.

Levin and his staff appeared before the FCC Wednesday to present what they see as gaps or obstacles that must be overcome to develop clear recommendations and policy for universal broadband.

Levin said that commissioners and policy makers must consider the broadband ecosystem if they hope to achieve the president's goals. This means taking into account not only consumer needs but also considering the needs of the industry, which will likely fund the bulk of the $20 billion to $350 billion that will be needed to build new infrastructure and develop new programs for spreading broadband throughout the country.

In considering these needs, Levin said it is important to identify and come up with ways to overcome some hurdles that stand in the way for achieving the ultimate goal of providing broadband to every American.

Obstacles to universal broadband access
One major issue has to do with the Universal Service Fund, a program funded through extra charges on consumers' phone bills. The USF was originally designed to provide subsidies to pay for phone service in rural communities. But the task force believes that more of the $7 billion that is allocated each year from the fund should also be used to help subsidize the cost of deploying broadband in rural areas.

Today, most of these funds are used for voice services and not broadband, the task force reported. And of the money that is used to subsidize broadband, the group noted it is often used inefficiently so that gaps in broadband deployment are still not filled.

The task force also reported that there is still a high level of disparity in income levels between people who subscribe to broadband service and those who do not. Nearly 90 percent of families with incomes of $100,000 or more subscribe to broadband services, compared to 35 percent with incomes of $20,000 or less. Rural households are less likely to subscribe to broadband service than urban households. About 65 percent of white households subscribe to broadband, while only 40 percent of Hispanic households subscribe to broadband and 46 percent of African-American households have broadband.

Another issue that was brought up by the task force during the meeting is the fact that broadband service providers tend to favor higher-income regions in more populated areas over low-income areas.

The data suggests that many low-income people in these parts of the country are offered only one broadband service option. The data also suggests that these consumers who have only one option tend to pay higher prices for service.

What this means is that lower-income people, who have less disposable income, are often the ones forced to pay higher prices, while people who have more money pay lower prices for service.

Deployments in rural areas are often affected by the high cost of building infrastructure and providing service. The task force noted that "middle mile" costs are almost three times higher than general network operations costs. This high cost is often a serious barrier to rural broadband deployments, the group said.

Blair Levin, head of the task force developing a national broadband policy for the FCC.

This "middle mile" infrastructure consists of equipment and fiber that connects local cable head-ends or telephone company central offices with bigger points of presence that connect those networks to nationwide networks. The task force said there was a lack of efficient coordination when carriers or other utility providers dig trenches for fiber infrastructure. The group also noted that these deployment gaps don't only affect rural consumers, but many residential neighborhoods and small business marketplaces as well.

As the Internet and television markets converge, the task force also noted that a lack of innovation exists in the TV set-top box market. Specifically, the majority of consumers today use set-top boxes provided through their subscription TV providers. And only a very small number of devices are even available to purchase at retail. By comparison, there are hundreds of devices available in the mobile phone market. Due to a lack of competition, innovation has been stifled. And the task force recommends the FCC adopt policies to encourage a retail market for such devices.

That said, the FCC has tried to encourage the consumer electronics industry to develop set-top boxes that could be bought separately from cable services, but so far the efforts have largely failed.

More spectrum needed
On the wireless side, the key barrier is a lack of spectrum, the task force said. The problem is simple, as demand for mobile broadband increases, there is a need for more spectrum to support these services. Demand for these services comes from the rapidly growing market for smartphone wireless devices and Netbooks. By 2011, smartphone sales are expected to overtake standard mobile phones.

The task force said it is critical for the FCC to identify and reallocate available spectrum as soon as possible. The group said the nation could face a spectrum shortage as soon as 2013 or 2015, if nothing is done today.

The wireless trade group CTIA and the Consumer Electronics Association support this claim. And the groups sent a letter to FCC chairman Julius Genachowski on Tuesday urging him to investigate using broadcast TV spectrum for mobile Internet use.

The measure is opposed by the broadcast TV industry. But the FCC task force noted that as the need for wireless broadband spectrum increases, the need for broadcast TV spectrum is actually decreasing. Specifically, smartphone subscriptions have increased by 690 percent since 1998, while over-the-air TV viewership decreased by 56 percent. This proposal is already generating criticism from lawmakers supporting the TV broadcast industry.

Levin and his staff acknowledged there are many other barriers that exist in providing affordable broadband access to every person in the U.S. Levin said his staff is on track to meet its February deadline, but he said the process will remain open throughout the remaining 90 days that are left to incorporate new ideas. He also emphasized the fact that the ultimate success or failure of the national broadband plan will be in the hands of Congress and policy makers who must remain committed to implementing the plan.

"In my experience and seeing what has worked in other countries, you can plan all you want, but there really needs to be a long-term commitment for such plans to succeed," he said.

Also as part of the meeting, the five-member FCC unanimously voted to impose a "shot clock" for wireless tower applications to speed up the time it takes for wireless operators to deploy new cell phone networks.

Chairman Genachowski promised last month at the CTIA tradeshow in San Diego that the Commission would do what it could to speed up this process. And the Commission's vote solidified that promise.

"Tower siting is a vital piece of our industry," CTIA president and CEO Steve Largent said in a statement. "It enables mobile services, including voice and broadband, for consumers, public safety, and businesses. Both Congress and the Supreme Court recognized the importance of taking concrete steps to ensure that the zoning process does not become a barrier to the reasonable deployment of, and competition among, diverse wireless networks."