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Cell Phones, Video Games, iPhone

App Developer Sued for Stealing Customers' iPhone Numbers

iPhone Game Developer Sued for Secretly Collecting Customer Phone NumbersStorm8, the developer of popular (but terrible) iPhone games like 'Vampires Live' and 'iMobsters,' has found itself on the wrong end of a potential class-action lawsuit.

A lawsuit has been filed, on behalf of Washington resident Michael Turner, that alleges Storm8 built its games with a "feature" that automatically sends the phone number of each host iPhone to the developer. Turner is suing on the grounds that this practice is in violation of both the federal Computer Fraud and Abuse Act and California state law, and is pushing to turn it into a class-action suit, on behalf of all Storm8 customers.

Storm8 has admitted to collecting the phone numbers, but denies any real responsibility, attributing the "phone home" function to a simple bug in the code. The company maintains that the glitch has been fixed. Turner countered that a "glitch" could not lead to the collection of phone numbers and that specialized code would have to be purposely placed within the games to have that effect. Not being programmers,we can't say for certain whether or not the collecting of phone numbers was intentional, but it doesn't sound like the sort of feature that could be accidentally implemented.

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Video Games, Celebrities

No Doubt Sues Activision Over Stefani's 'Band Hero' Avatar

Yesteryear's teen ska sensations No Doubt have filed suit against Activision Blizzard, Inc. over a depiction of frontwoman Gwen Stefani in the new game 'Band Hero.' Although No Doubt signed a contract allowing Activision to use the band's music and likenesses, the lawsuit maintains that the contract did not give Activision clearance to feature Stefani's avatar lip-synching to the Rolling Stones' 'Honky Tonk Women,' as the company has apparently done. This lawsuit follows a similar one threatened by Courtney Love in September. The widow of Kurt Cobain, Love claims that she did not expressly authorize the company to defile use her departed husband's likeness in a 'Guitar Hero 5' rendition of a Bon Jovi tune.

According to Reuters, the band objects, in the lawsuit, to the idea of "the Stefani avatar in a male voice boasting about having sex with prostitutes." Why, No Doubt? Because the Stones write songs that have some kind of substance or grit to them? Because Stefani is a woman? Because to do so would be totally f'in punk rock? Listen, Gwen, we've seen Sleater-Kinney's Corin Tucker sing the hell out of Danzig's immortally gross words: "Father, gonna take your daughter out tonight/Gonna show her my world ... If you wanna find Hell with me/I can show you what it's like/Till your bleeding," and it was nothing short of rock'n'roll genius. We recommend you familiarize yourself, via this video, and start taking notes. [From: Reuters, via Pocket Link]

Web, Social Networking

Woman Sues Former Employer Over Lost Facebook Friends and Defamation

Stick and stones may indeed break bones. But causing someone to lose Facebook friends? Well, that'll land you a lawsuit.

A Chicago-based woman is suing her former lover and employer for defamation, after rumors he spread about her being delusional and "post-partum" resulted in a loss of friends on Facebook. WBBM 780 reports that the plaintiff, Annmarie Swatos, asserts that she and Richard Gloor had an illicit affair while the two were working at a real estate agency in Chicago. When their cover was blown, they promptly put an end to both business and pleasure. According to Swatos, Gloor then proceeded to spread virulent rumors about her to former clients and potential employers, saying she was not only "post-partum" but that she was "stalking" him, as well. The complaint goes on to say that all these rumors caused a lot of her friends to "block [Swatos] from communicating with her through the social networking site Facebook." (*gasp!*)

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MySpace, Web, Social Networking

Girls, ACLU Sue School Over Punishment for Racy MySpace Photos

Two teenage Indiana girls have sued their high school after the administration punished them for posting sexually suggestive photos of themselves on MySpace, the Associated Press reports. The ACLU, which is representing the two sophomores, argues that the school overstepped its bounds by handing down the punishment and, in so doing, violated the girls' rights to free speech. Attorneys with the ACLU also pointed out that the photos didn't involve the school, and that officials needlessly humiliated the two by making them apologize to an all-male board of coaches. The Supreme Court has previously ruled that schools do have the right to punish students for off-campus behavior, so long as the school can justify that the behavior was disruptive and that similar activities were likely to occur at the school, itself.

In this particular case, the girls took photos during a sleepover held during their summer vacation and posted them on MySpace, adjusting the privacy settings so that only their friends could see them. Eventually, though, the photos circulated throughout the school, and, as some of them showed the lingerie-clad girls licking a phallic lollipop, Principal Austin Couch banned the girls from fall sports, and made them apologize and undergo counseling. According to Couch's attorney, he was simply enforcing the school's athletic code, which allows a principal to punish student athletes for any activity that "creates a disruptive influence on the discipline, good order, moral or educational environment at Churubusco High School."

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Web, Social Networking

Alleged Bullies Sued Over Racist and Obscene Fake Facebook Profile

We're pretty sure that many victims of bullies would gladly go back to the good ol' days, when mocking and persecution didn't have the speed and reach the Internet affords. But bullies are quickly finding out that the Web doesn't provide as much protective anonymity as they may have thought.

One of the new avenues for bullying is impersonation via social networking sites. But four teens in Cook County, Illinois may have gone a little too far in alleged attacks on a high school athlete. They are now finding themselves defendants in a lawsuit that could have dire financial consequences for both them and their families. The four boys, identified only by their initials -- R.C., A.G., K.Z., and M.S. -- are being sued on five separate counts, including defamation and emotional distress, by the victim and his mother.

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Celebrities, Web, Social Networking

Boxer Picks Fight With Facebook Over Anti-Fan Clubs

Part of the deal when you enter the limelight is that you have to accept that some people are going to hate you. Not only that, but they might say some pretty mean and horrible things, especially on the Net. In fact, somethings might be down right indefensible.

It seems that British boxer and current WBA World Light-Welterweight champion, Amir Khan, may not have the thick skin necessary for life in the public eye. The boxer, and his promoter Frank Warren, are threatening legal action against Facebook over groups based around a hatred of him. The polarizing boxer has apparently inspired over 20 hate groups, which are filled with "defamatory and illegal content," according to Khan's lawyers.

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Web

New Zealand Woman Fired for Using Bolded ALL CAPS in E-Mail

A New Zealand office worker recently learned a tough lesson: When sending an e-mail, be careful with fonts and colors. Someone could interpret that bold sentence the wrong way.

According to The New Zealand Herald, Vicki Walker was fired from her position as financial controller at ProCare Health for sending "confrontational" e-mails that included words in red, bold, and worst of all, capital letters. This happened in December 2007, after Walker had already worked her white-collar job for nearly two years. ProCare says that Walker's e-mails had sown seeds of discord in the office, because they included things like specified times and dates in red. Oh, my! And how dare Walker highlight and bold this statement in blue: "To ensure your staff claim is processed and paid, please do follow the below checklist." What an outrage!

However, Walker may have the last laugh, here. After being fired, she did what any sane person would do and took her former employer to court. Not only did Walker receive the equivalent of $12,000 for unfair dismissal, but she also plans on pressing further charges. Get it while you can, lady. At least she has a legitimate complaint, unlike this fool who badmouthed his job on Facebook. After all, office workers' rights to bold, highlight and capitalize should be protected at any cost. How else do you get a point across in this day and age? Speak it, or something? [From: The New Zealand Herald]

Audio/Video, Web

Music Publishers on the Offensive Against Lyric Sites

The music industry, as it continues to hemorrhage money, has been on a rampage against pirates and file-sharing sites. Just within the last two months, one woman was ordered to pay roughly $2 million for illegally downloading 24 songs, and a Boston University student was fined $675,000 for "stealing" 30 songs.

Industry professionals have apparently now shifted their focus from the music thieves and file-sharers to sites that don't offer actual music, but rather the lyrics to the music. Billboard is reporting that Peer Music, Warner/Chappell, and Bug Music have all filed copyright infringement suits against LiveUniverse and Motive Force, companies which host Web sites that provide transcriptions of song lyrics.

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Google, Web

Judge Orders Google to Identify 'Skanks' Blogger


Remember back in January when model Liskula Cohen was the target of a blog called 'Skanks in NYC?' The Google Blogger-hosted site featured embarrassing, personal photos of Cohen, and the anonymous author said of her: "I would have to say that first place award for 'Skankiest in NYC' would have to go to Liskula Gentile Cohen." The site was quickly taken down when Cohen decided to try and take legal action, but Google refused to hand over the blogger's identity, unless ordered to do so by a court.

Well, Miss Cohen has succeeded. According to the Telegraph, the Manhattan Supreme Court Judge Joan Madden ordered Google on Monday to hand over the blogger's e-mail and IP addresses. Google gave the information to Cohen's lawyers, who plan to sue the blogger for defamation.

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Computers

Texas Judge Orders Microsoft to Stop Selling Word

Leonard Davis, U.S. District Court Judge for the Eastern District of Texas, is putting himself in the headlines by issuing a permanent injunction against Microsoft, prohibiting the company from selling "Word products that have the capability of opening .XML, .DOCX or DOCM files." That, as all geeks know, includes both Office 2007 and the upcoming Office 2010.

The ruling is in reaction to a complaint (PDF) filed by i4i, a company that created an add-in for Word allowing users to edit XML files. XML is a language, like HTML, designed for formatting documents, and is used as the basis for files in Microsoft Office, Apple's iWork, and online technologies like RSS. The plaintiff claims that by adding certain native XML-handling features to Word, Microsoft violated a patent i4i filed in 1998.

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Audio/Video

Seminal Rock Band (Spinal Tap) Silenced by Evil Corporation (LEGO)


File it under 'News of the Obvious,' but, once again, the Man is putting down Rock'n'Roll. Seminal butt-rock band Spinal Tap (See? The Man won't even let us put an umlaut over the "n.") has been banished to a creative hell hole by the corporate overlords at LEGO Systems. According to the New York Times, a fan-created video portraying the Tap as LEGO figurines has been struck from a DVD of the band's 'Unwigged and Unplugged' tour -- at the Danish toy company's urging.

The video (embedded above) is the rock and roll creation of one Coleman Hickey -- a teenage Tap-head from Ohio who toiled over this heavy-duty piece of stop-action cinema for no reason other than glorifying his favorite herd of heavy metal heathens. Explaining LEGO's prohibition of the video's use in the DVD, company spokeswoman Julie Stern told the Times, "We love that our fans are so passionate and so creative with our products, but it had some inappropriate language, and the tone wasn't appropriate for our target audience of kids 6 to 12." Well, the video's still on YouTube, isn't it, Julie? How do you explain that? "YouTube is a less commercial use," she says." Right. So, as always, the Man's party line is: "Gimme Some Money." [From: New York Times]

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Computers

Former Employees Sue Apple for Unpaid Overtime

Former Employee Sues Apple for Unpaid OvertimeIf you're a fan of all things Apple, a lover of Cupertino's best products, a devotee of the original brick of an iPod to the latest iPhone 3G S, you might think that working at Apple would be a dream come true. You might want to think again. Former employee Kenyon Zahner and a team of others are all suing for unpaid overtime, according to Apple Insider.
Zahner, along with his collection of unnamed fellow plaintiffs, indicates that he was repeatedly ordered by Apple to work for more than 40 hours a week, which is a sad but all-too-common practice in the computer world. But, Zahner was classified as a non-exempt employee, which meant he couldn't be paid overtime despite being required to put in those extra shifts.

It's unclear whether Zahner worked for Apple HQ or at a local Apple Store, or exactly what his position was. To make things even murkier, Zahner and his co-plaintiffs are apparently unable to lay claim to a dollar amount, the suit alleging that records of the plaintiffs' hours are in the "exclusive possession and sole custody" of their former employer. The suit promises to soon commence discovery proceedings, whereby the plaintiffs could get their hands on those records.

We do know that the lawsuit was filed in Broward County, Florida, and you can be sure we'll be watching to see what comes next. It's certainly not the first time Apple's been sued, and we're guessing the company will come out fighting in order to defend its tarnished image. [From: AppleInsider]

Web, Social Networking

Cheerleader Sues Over Facebook Privacy Invasion

When it comes to Facebook, there's a simple rule of thumb that people seem to always forget: If you don't want someone to see a photo or read a comment, don't post it. Had this rule been applied more often, there'd be fewer lawsuits stemming from content posted on the social-networking giant.

According to Ars Technica, high school cheerleader Mandi Jackson has filed suit through her parents against the Pearl, Mississippi school district after she was allegedly forced to turn over her Facebook log-in information to her cheerleading coach on September 10, 2007. The lawsuit (PDF) claims she was also subjected to cruel and unusual punishment after the coach disseminated "profanity-laced" messages to the rest of the staff, after Jackson had exchanged notes with a fellow cheerleader about politics within the squad.

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Web, Social Networking

Critical Tweet Lands Chicago Tenant in Libel Suit

A sarcastic and critical tweet may end up costing a Chicago woman $50,000. On May 12th, Amanda Bonnen (whose Twitter page is currently down) allegedly complained about her then-landlord, the Horizon Group Management LLC, by typing, "Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it's okay."

According to the Sun Times, company representative Jeffrey Michael (whose family also happens to run the organization) said that there is no merit to the statements, so the group filed a libel suit against Bonnen on Monday. Seeking to maintain the company's positive reputation (even though the Better Business Bureau Web site indicates it's not an accredited company), Michael also warned, "We're a sue first, ask questions later kind of an organization."

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Video Games

Nerds Face Lawsuit Over 'Dungeons & Dragons' Handbook



'Dungeons & Dragons' -- the calling card of the nerd. Hunched over a table with pen and paper in hand, 'D&D' dorks spend hours, days, and, in some cases, years of their lives battling beasts and hunting for treasure in that most magical of realms: Mom's basement. When it comes to creating the perfect avatar, these folks are ruthless and dedicated. A 'D&D' enthusiast might let you steal a candy bar during his shift at the 7/11, but try and take some of his loot, and you'll face the fury of his mighty (imaginary) swords and arrows.

While they're probably battle-tested in what many consider to be the first RPG, eight nerds are about to find out if their powers hold up in the courtroom. According to MSNBC, Wizards of the Coast LLC is slapping eight devoted 'D&D' players with copyright infringement lawsuits, alleging that the crew illegally posted the newest 'D&D' handbook online for others to download and view for free. It doesn't sound like a dice roll and high ability points will save these nerds, either. The online handbooks feature electronic watermarks that forbid the use of copyright material in this manner. The three lawsuits, which were filed in Seattle's U.S. District Court, seek unspecified damages for illegal downloads of more than 2,600 copies of 'Player's Handbook 2.' There were over 4,200 views of the handbook on Scribd.com before Wizards of the Coast had it removed.

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