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Cell Phones

ACLU Helps Expelled Student Sue School for Illegal Cell Phone Search


On the behalf of a North Mississippi middle school student, the ACLU and its Mississippi chapter have filed suit against Southaven Middle School, claiming that administrators wrongfully expelled the boy after illegally searching his cell phone.

According to Cellular-News, 12-year-old Richard Wade's cell phone was confiscated after he was caught reading a text message. But rather than giving him detention, the honor student's football coach searched through his personal information, including pictures he had taken of himself dancing in his bathroom. After interpreting those dance moves as gang signs (wrongfully, the plaintiff's lawyers say), the coach alerted the rest of the staff, as well as the authorities. The whole escapade resulted in suspension, a disciplinary hearing, and ultimately the expulsion of young Wade -- all founded on the coach's claim that the youngster was throwing gang signs in the illegally seized images.

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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]

Audio/Video, Computers

BU Student Ordered to Pay $675K in Music Downloading Case



In yet another piece of news set to clarify the fact that the record industry still has its head lodged firmly up its own ass, a federal jury on has ordered a Boston University grad student to pay $675,000 to four record labels for illegally downloading and sharing music online.

Even more absurd is the number of songs he "stole": 30. The student, Joel Tenenbaum, is being asked to effectively pay $22,500 for each incident of copyright infringement, beyond the standard $750 per song fine, due to the fact that his actions were willful.

Tenenbaum claims to be thankful that he wasn't given the maximum fine of $4.5 million (sarcasm?), but his lawyer, Harvard Law School professor Charles Nesson, said he plans to appeal the decision because he was not allowed to argue a case based on fair use.


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iPod, iPhone

Cartier Sues Apple Over Fake Watch iPhone Apps, Apple Backs Down

Cartier Has Apple Pull a Pair of AppsHigh-end jeweler Cartier garnered itself a bit of (perhaps unwanted) attention this past weekend when it filed a trademark infringement suit regarding a small time iPhone app developer -- Digitopolis Game Studio. The company created a pair of apps, called Fake Watch and Fake Watch Gold Edition, which featured recreations of Cartier's "Tank" watch.

Oddly enough, Cartier didn't sue Digitopolis, but rather, Apple, for allowing the applications into its marketplace. The jewelry maker withdrew its suit after Apple yanked the offending titles Friday afternoon, stating that Cartier's "concerns had been addressed."

Of course, Cartier might do better to spend its time battling guys selling cheap knockoffs on Canal Street, rather than suing Apple over poor renderings on an iPhone. Just a thought. [From: TUAW]

RIAA Once Again Suing File-Sharers


Despite the Recording Industry Association of America's (RIAA) promise to Congress in August 2008 that it would not start any new file-sharing lawsuits, the music industry lobby filed at least three new cases in April.

It's not really a good idea to lie to Congress, so the RIAA is claiming that these new cases are actually settlements of existing cases. Basically, the RIAA has a number of extant John Doe lawsuits that are awaiting identification information subpoenaed from Internet Service Providers. When the info comes in, the RIAA then files a new named lawsuit against the offender. What's so baffling is why the RIAA is choosing to pursue these cases, especially after its public announcement that it is ditching individual suits and moving towards a "three strikes and you're off the Internet" policy.

To us, this is a bonehead move, since the RIAA needs Congress on its side to force Internet providers to cut off paying customers... the RIAA should be making nice with America, not enraging us with more frivolous and hypocritical lawsuits. [From: Ars Technica]

Video Games

Ex-NFL and NCAA Players Suing EA Sports


EA Sports has dominated the sports-related gaming market since the early '90s, thanks to huge franchises like 'Madden NFL' football (which debuted in 1988) and 'NCAA Football' (started in 1993). Now, according to Joystiq, the company's two marquee titles are bringing it a little unwelcome criticism and two massive lawsuits.

The NFL lawsuit seems reasonable: A group of 2,062 former players -- who won a similar suit worth $28 million in damages against the NFL Players Association (NFLPA) last year -- are seeking royalties from EA Sports and John Madden, citing the fact that their likenesses continue to be used in 'Madden' games. Fresh off their win over the NFLPA, this group of retirees could pose some significant trouble for the giant gamemaker.

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Computers, Webware, Web, Social Networking

Taser Sues 'Second Life' for Trademark Infringement


'Second Life' has reached another virtual milestone -- it's being sued by Taser, the world's largest manufacturer of stun guns, for trademark infringement. 'Second Life,' run by Linden Research Inc., is a virtual online community of users that use avatars to 'live' and 'work' within a user-generated world. According to Bloomberg, Taser is claiming trademark infringement, since users can buy 'Tasers' from virtual vendors within 'Second Life' and use them on other avatars (or on their own, if they're so inclined).

Since 'Taser' is a brand name, and the virtual product is being bought and sold with real currency in virtual shops that also sell pornographic material, the company contends that its brand is being tarnished and diminished. Lodged in Phoenix, Arizona, the complaint states, "All of the defendants that sell virtual weaponry like plaintiff's real ones, under the mark Taser for use in the Second Life programs and grids, also sell adult-only explicit images and scenes."

According to the Second Life first quarter economic report, its online economy is booming with user-to-user monetary transactions projected to be $450 million this year (a $100 million increase from last year). Seems like Taser wants its cut, since the 'Don't tase me bro' fiasco probably hurt sales. [From: Bloomberg]

Web

Olympian Skater's Mom Sues Google Over Blogger Post



No stranger to lawsuits, Google has faced any number of accusations, from misappropriating trade secrets to invading people's privacy with its Street View application. Well, according to MediaPost.com, the litigious mother of an Olympic athlete decided to file suit against Google last week because of allegedly defamatory comments posted through Google's Blogger service.

The comments, originally posted in 2006 by Sean Healy, accused Cherie Davis, the mother of Olympic speed skater Shani Davis, of lambasting members of the speed skating federation with charges of racism. On his blog 'Unknown Column,' Healy claimed that Ms. Davis, in her characterizations of federation members, used language like "'KKK'" and "'neo-Nazi genetic mutation'." Ms. Davis is now filing suit in the state of Illinois to have the blog removed.

The gold medalist's mother faces several legal obstacles with her lawsuit, as the Communications Decency Act protects Web sites from legal issues created by users' potentially libelous posts. According to MediaPost.com, for Healy's comments to be found libelous, Davis would have to not only prove that they were false, but also prove that Healy posted them with "reckless disregard" for whether they were in fact false or not. The latter part could be difficult to determine, considering Healy died in 2006. Hampering the case even further, an Illinois complainant must make her case within one year of the relevant material's being published, according to attorney Paul Alan Levy.

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Computers, iPhone

Apple Sued Over Touchscreen Patent Infringement


Remember all the fun everyone had watching Palm and Apple's legal wordplay regarding multitouch patents? If you missed it, Apple delivered a very thinly veiled threat to Palm, flouting how it had touch-sensitive intellectual rights up the wazoo to protect itself from the competition. Apple, though, may be due for a heaping helping of humble pie, as it's now on the receiving end of a lawsuit from Elan Microelectronics claiming infringement on two patents -- both involving multitouch. Elan, best known for its keypads found in Eee PCs everywhere (along with some other diversions), won a court injunction against Synaptics for infringement on one of those patents, and seems like it may actually have a shot of shaking down the house of Jobs. It's also seeking an injunction against Apple to prevent it from selling the MacBook, iPhone, and iPod Touch until everything gets legally sorted. That seems like a long-shot, but anything could happen. Oh, and Palm corporate officers, try not to look too giddy today, yeah?

Read -- Apple sued over touch-screen rights
Read -- Injunction quote [Warning: requires subscription]

MySpace

MySpace Diatribe Not Protected by Privacy Rights, Says California Court



In case anyone, even after all the related firings and arrests, is still confused about whether or not their Facebook/MySpace/Twitter comments are protected by privacy acts, a Fresno-based California appellate court clarified the issue last week, the Recorder/Law.com tells us. The court case focused on Cynthia Moreno, a University of California at Berkeley student who, back in 2006, posted an "Ode to Coalinga" on her MySpace page, according to the Citizen Media Law Project. Referring to her Central California hometown, she wrote, "The older I get, the more I realize how much I despise Coalinga."

In the mere six days that the posting appeared online, Roger Campbell, the principal of Coalinga High School, noticed the scathing commentary and forwarded it to a local reporter for the Coalinga Record, who, in turn, published it in the paper's letters section. The resulting backlash from the town of 19,000 inhabitants was immediate and, according to the Morenos, devastating. Negative reactions forced the father to close his 20-year-old private business, and, because of threats, and the fact that Cynthia's sister still attended Coalinga High School with Principal Campbell, the family eventually moved. Consequently, the Morenos filed suit against Campbell, the Coalinga Record, its publishers, and the Coalinga-Huron Unified School District for "invasion of privacy and intentional infliction of emotional distress."

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Web

Dentist Sues Writer of Negative Online Yelp Review


Have you ever given someone or some business a bad review online? Well, you'd better keep what you write in check, or else you could end up getting sued like the California couple who bashed a dentist on Yelp.

Dr. Yvonne Wong, the dentist, is going forward with a lawsuit against Tai Jing and Jia Ma for libel and emotional distress after a court ruled that she had enough grounds for a case, or, as they put it, "a probability of success on the merits." In a user comment, the couple accused Wong of giving their four-year-old son a filling that contained mercury and of making him lightheaded from anesthetic gas. Wong's lawyers say that the parents' review makes it seem like she did so without their consent.

Jing and Ma tried to get the suit thrown out, citing a California law that bans anyone from preventing discussion of matters of public importance. We'd agree that mercury fillings should be examined, but we also understand why the judge didn't buy their argument. Wong, for her part, also tried to sue Yelp, but that went nowhere, as the federal Communications Decency Act protects sites from any lawsuits due to user comments.

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Video Games

Man Files $1M Lawsuit Against US Airways for Lost Xbox


A Yale student is suing US Airways for $1 million in compensation for his lost Xbox 360 and the emotional toll of attempting to recover it. He claims he had an Xbox 360 with a "specialized hard drive" and other fancy components worth more than $1,000 (is that the kind with the really, really loud drive noise?) in his checked luggage, and when he went to pick up his luggage it was considerably lighter than before, with the Xbox 360 and components found as the only thing missing.

Sounds like no-fun-at-all, and the "run-around" he got with speaking to five different airline employees sounds equally painful, but we're not sure how that all adds up to $1,000,000 -- the maximum allowable by law in his state. US Airways says that not only does the federal limit of liability for lost luggage top out at $3,300, but that electronics checked in luggage are specifically excluded from liability. How kind. [Via Joystiq]

Computers

Sheriff Sues Craigslist Over Sex Ads



Craigslist, Internet purveyors of random junk, big and small, is facing yet another lawsuit pertaining to its "Erotic Services" section. While previous lawsuits have focused on the site's inability to sufficiently monitor and remove ads soliciting sex, the new suit alleges that Craigslist actually promotes and facilitates prostitution.

Tom Dart, Sheriff of Cook County, IL, whom we're guessing has never been to Vegas, filed the lawsuit yesterday, calling Craigslist "the largest source of prostitution in America" in hopes that a federal judge will force the site to eliminate the Erotic Services section. Dart claims that, while Craigslist does offer a disclaimer that prohibits the solicitation of prostitution, the site does not adequately prevent people from posting the ads and that they actively ignore the listings.

Should Craigslist have sex ads?



In Craigslist's defense, the site is working in conjunction with several state attorneys general offices, including Connecticit and Illinois, to curtail solicitious sex ads by forcing posters of Erotic Services listings to provide a working phone number and to pay a fee with a valid credit card. The site has also filed lawsuits against numerous companies, claiming that they avoid the Web site's defenses in order to post nefarious and illegal advertisements.

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Computers

Cyberbullied Teen Sues Ex-Classmates, Their Parents, and Facebook


Denise Finkel (please don't sue us), a student at The University of Albany in New York, is suing four of her former high school classmates for supposedly bullying and harassing her on Facebook. The lawsuit, filed in New York State Supreme Court, seeks damages of $3 million from the accused teens, their parents and the popular social networking site.

The defendants in the case, Michael Dauber, Jeffrey Schwartz, Leah Hertz and Melinda Danowitz, allegedly created a private, password-protected Facebook group that posted damaging statements about the plaintiff, including accusations that Finkel suffers from AIDS and took part in bestiality.

Increased reports of such Internet bullying and harassment have led to several other high profile lawsuits, and even prompted the European Union to actively fight Web harassment through an anti-bullying pact, which also seeks to protect under-age users from online predators. A total of 17 networking Web sites, led by MySpace and Facebook, signed the pact. MySpace and Facebook have also signed similar agreements in the United States with 49 State Attorneys General offices.

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Audio/Video, Computers, Celebrities

Eminem Wants More Download Money, Sues Universal


Yesterday, in California, Eminem's royalty rights lawsuit against conglomerate Universal Music Group went to trial in U.S. District Court, reports the Wrap.

Asking for $1.3 million from the parent company of Aftermath Records, to which Eminem is signed, the suit's fundamental claim is that royalties from downloads should be dictated by the artist's licensing contract, not distribution contract.

While the exact figures stipulated by Eminem's contracts have not been reported, according to a report in The Wrap, a traditional licensing deal would entitle the artist to 50-percent of the royalties, while a typical distribution deal could entitle him to as little as 25-percent.

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