Posts In "Technology"

Technology




Register Pac20.com Before It’s Too Late!

Last week, Pac-10 Commissioner Larry Scott learned the hard way that conference expansion is a little trickier than subbing a “12” in for the“10” in your logo.

As many news outlets reported over the weekend, the soon-to-be-Pac-12 conference has discovered that the domain pac12.com has already been claimed by a fan of the late (unless he isn’t) Tupac Shakur, who has been using the site to offer an Amazon widget selling 2Pac albums. The Pac-10 has responded by filing a claim with the World Intellectual Property Organization, seeking control of the Pac12.com site.

Most people seem to assume this is nothing but a momentary hiccup in the conference’s plans. After all, the Pac-10 is a well-established — and well-funded — preeminent national sporting organization, and a one-page CD ad with the heading “Tupac Lives!” doesn’t exactly strike fear into the hearts of conference partisans everywhere. But, if it can’t (or won’t) cough up a check with enough zeroes on it in order to buy the Pac12.com domain peacefully, the conference may have a real problem wresting away control of the domain by legal force.

Why is that, you ask? The answer requires us to first play a quick game of alphabet soup. Continue reading the full story . . . »

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(History) Sniffing and (You)Porn: The Continued Crusade for Internet Privacy

What do you do if you discovered that your favorite website, YouPorn, is secretly gathering information about your Internet use? If you were California residents David Pitner and Jared Reagan, it seems you would sue the website in federal court and accuse it of violating your privacy, thereby announcing to the world that you are an avid porn watcher. (Privacy FAIL! Pitner and Reagan are not alone in their interests — according to the lawsuit, YouPorn ranks #61 in website popularity [other sources place it in the mid-70s…so now we’re no longer impressed] — but they are alone in having announced it to the world…until more individuals join the potential class action, that is.)

Let’s rewind. What exactly did YouPorn do and how did the plaintiffs figure it out? According to a recent study conducted by the Department of Computer Science and Engineering at the University of California, San Diego, YouPorn is one of 46 major websites that is engaged in “history sniffing” — a technical term that sounds just about as salacious as “YouPorn” itself, which is probably why some people prefer “history hijacking.” As you may have noticed when surfing the Web, links corresponding to URLs that you’ve visited before render differently than URLs you’ve never visited. According to UCSD’s study, history hijacking attacks occur when a site inserts invisible links into its web page and has Java Script inspect the links’ properties to determine whether the user has visited that URL — they will appear purple if the site has been visited and blue if they haven’t. Out of the Alexa global top 50,000 websites, the study discovered at least 46 (and possibly as many as 63) occurrences of history sniffing, on websites covering a wide range of topics from sports to finance to news to…whatever YouPorn is about. Continue reading the full story . . . »


Is Playing a Video Game Conduct or Speech? Lessons from Microsoft Kinect

I was in GameStop last week buying my daughter Hawx 2, a T-rated simulated aerial combat video game. As I was standing in line (with all the dads buying M-rated Call of Duty: Black Ops for their under-17 year old sons, while pretending to buy it for themselves), I was drawn to the display of the Microsoft Kinect, the new hands-free controller that is designed to allow the ultra-interactivity of the Nintendo Wii, but without any controller at all. You (and, apparently, one million of your likeminded early adopter friends) stand in front of a 3D camera system, which translates your movements in real life into the movement of your avatar on the screen. No longer is the pushing of a button or the swinging of a controller rendered as the action of your avatar; rather, your actual fingers, hands, arms, face and body are re-rendered as the action of your avatar exactly as you performed them. Ladies and gentlemen, at long last, the future is here (minus the flying cars, hoverboards, food hydrators, and everything else we were promised in Back to the Future, Part II).

I immediately thought of it as acting in a play. The real you is performing the movements from the gallery, while the virtual you is acting them out, in costume and on set, on the stage of your TV. It is like playing cops-and-robbers in the playground, except no one else need be present and no playground is required.

Of course, since I am a lawyer and never turn my lawyer brain off, I immediately recalled the most interesting question that was asked during November 2’s Supreme Court oral arguments in Schwarzenegger v. Entertainment Merchants Association, the decision in which is expected to come down sometime in Spring 2011. Continue reading the full story . . . »


Danger, Will Robinson: Here Comes Miku

She’s got a number one, chart-topping single. She’s currently selling out stadium concerts, and has an increasingly popular Facebook page. She gives Justin Bieber a run for his money in terms of screaming, adoring fans. Her name is Hatsune Miku, and she’s taken the Japanese music scene by storm. She’s even beginning to develop an international following, and has now set her sights on the U.S. (parents, watch your preteens). She’s a record company’s dream: she never whines or complains about underreported royalties, and she never cancels her tours to check into rehab.

Oh, and one more thing — she isn’t real.

I don’t mean fictional like Hannah Montana. Or a poseur, like, well, Hannah Montana (err, that’s Miley Cyrus, of course). I mean she really, truly isn’t human. Continue reading the full story . . . »


Get Outta my Face(book): Does “Private” Really Mean Private?

[Ed. Note: Last Monday, we brought you Part 1 of 2 of this month’s Facebook series, in which Dan Nabel walked us through some of the ethical pitfalls for lawyers litigating in a socially-networked world. Today, Rachel Wilkes wraps up our mini-series by giving you non-lawyers your due, explaining just how “private” your “private information” is once you move from the Facebook Wall to the courthouse steps. Preview: looks like everyone has yet another reason (besides the obvious) to move to California.]

A day in the life of an avid Facebooker might look something like the following. (This is what I hear, anyway. Not speaking from personal experience. At all. Ahem.): Get up. Eat breakfast. Post to Facebook about your breakfast. Drive to work. Post to Facebook about the horrible traffic in L.A. Do some work. Do some work on your farm on FarmVille.* Go to happy hour with co-workers. Post happy hour photos on Facebook… You get the idea.

All of a sudden, your 500 closest friends (or people you haven’t seen since elementary school) know every gory detail about your life. But that’s OK, because you adjusted your privacy settings so only your “friends” can see your profile details, and you don’t mind sharing those details with all of them. So it’s all still considered “private” vis-à-vis the rest of the world….right?

The answer to that may depend on which court is deciding. Continue reading the full story . . . »


Steve Smith Discusses California’s Anti-Video Game Law on Bloomberg News

Last week, Bloomberg’s Lee Pacchia interviewed Law Law Land’s Steve Smith about the Supreme Court case of Schwarzenegger v. Entertainment Merchants Association, which will decide whether a California law barring the sale of violent video games to minors violates the First Amendment. Steve’s views on the subject, of course, are no secret. But we think his podcast makes for one of the most cogent and interesting breakdowns of the issue yet. Check it out here (more Bloomberg Law podcasts here).