Tag - Supreme Court
The seemingly never-ending courtroom saga between Apple and Samsung has taken a new twist, reports Reuters. In an amicus brief supplied to the US Supreme Court in Wednesday, the US Department of Justice (DOJ) has recommended that the Supreme Court should send back the case to trial courts in order to determine whether a new trial should be undertaken over a component of the case that was won by Samsung on appeal. If the Supreme Court accepts the DOJ's appeal, the court case which dates back to 2011 could be set to stretch out for some time to come.
A bipartisan bill has been introduced to combat a judicial rule change that took place recently, one that would allow US judges to issue search warrants permitting remote access to computers in any jurisdiction, including overseas, once it comes into force. Senators Ron Wyden (D-OR) and Rand Paul (R-KY) presented the one-page bill, one that would effectively reverse the recently-adopted procedural rules adjustment, voted on by the US Supreme Court in private last month.
It can be argued that we're always on the cutting edge of technology -- every day there are new advances, and new techniques developed to do legacy tasks some other way. Likewise, hardly a day goes by without a new lawsuit from an entrenched company, claiming that this new way somehow infringes upon, or unfairly penalizes, an old-guard way of doing business. Lately, this has expanded to law enforcement trying to use the courts as an ad hoc tool to do end-runs around thorny Constitutional questions. Through bad rulings and bad legislative proposals, the inability of our judicial and legislative leaders to keep in step is increasingly making the existing problems even worse.
This week on The MacNN Podcast episode 61, Mike and Charles briefly discuss how we've structured the leadership of this site modeled on the Dalek hierarchy, and in the tradition of the Daleks, the news is mostly bad -- and that's even before we get to the latest FBI/DOJ shenanigans, this week adding the Chief Justice of the Supreme Court to the cast of this drama, sadly on the side of authoritarianism over liberty. The parade of really not-thought-through attempts to modernize privacy laws in the era of digital encryption continues.
Chief Justice John Roberts, writing on behalf of the Supreme Court, has authorized a rule change that could allow any judge in any jurisdiction to issue a search warrant for the contents of computers -- including mobile devices such as smartphones -- in any other jurisdiction, a move that would certainly result in judge-shopping and widespread search powers for the government and various agencies. The rule change will take effect on December 1 unless acted upon by Congress. Senator Ron Wyden (D-Oregon) has already said he will introduce legislation to undo the change, which could have major implications.
The US Supreme Court has refused to hear an appeal by the Authors Guild and other writers, ending a case in which the guild had challenged Google's wholesale scanning of books for which they did not own the copyright. In letting stand the lower Second US Circuit Court of Appeals ruling, the justices essentially condoned what the Authors Guild called "an unprecedented judicial expansion of the 'fair-use' doctrine." The ruling opens the door for anyone, from students to other large-scale preservation or information projects, to scan books under copyright and make them freely available, as long as it fits the "fair use" conditions.
The ongoing battle between Samsung and Apple over design patent infringements continues, this time with a trip to the Supreme Court. A request by Samsung for the Supreme Court to hold a hearing about the case was granted by the court yesterday, despite Apple's protestations, and the results of that hearing could dramatically change the amount Samsung has to pay out to Apple as compensation for previous infringement rulings in lower courts.
This week, a special guest takeover by MacNN Editor Charles Martin, who along with Malcolm Owen chats about the latest developments in the ongoing Apple-FBI saga, what's in the forthcoming OS X and iOS updates, rage a bit about the decision by the Supreme Court not to hear Apple's e-book appeal, discuss Amazon's second physical bookstore opening, and spend a surprising amount of time on Malcolm's recent move, with additional nattering about Internet and TV pricing in remote Welsh villages. All that, and Thingie of the week.
Apple's three-year legal case over price-fixing of e-books has ended, with the US Supreme Court saying that it will not allow the company to appeal. The court will not listen to Apple's contention that a 2014 settlement requiring it to pay $450 million in costs and damages is wrong. That's the Supreme Court's right, and all legal cases have to end somewhere, even if more nebulous ones do seem to go on for a lot longer. Yet this isn't a nebulous case -- and the result, in my opinion, is wrong.
Welcome to the Game Replay, the thrice-weekly look at the wider world of gaming by the staff of MacNN. In today's edition, Activision endures poor sales of its rebooted Guitar Hero franchise, Scott Cawthorn rereleases the latest Five Nights at Freddie's game for free, and the ESA remembers the late Supreme Court Judge Antonin Scalia.