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Marketers want anti-spam bill altered CBC
The Canadian Marketing Association is lobbying MPs to change an anti-spam bill so that consumers have to opt out of receiving commercial email messages, rather than opting in to get them. In a message sent to its 800 corporate members — which include Costco, the Liquor Control Board of Ontario, Home Depot and Rogers — on Thursday, the CMA urged companies to get in touch with their local MPs to demand changes to the proposed legislation, which is expected to enter a critical phase on Monday. The current draft of Bill C-27 will require a marketer to obtain a consumer’s consent, whether implied or explicit, before sending them an email. The CMA says this clause will limit companies’ ability to prospect for new customers or grow their businesses.

Complaint sought to be amended in Fairey v AP, false statements made by plaintiff Recording Industry vs The People
In Fairey v. Associated Press, the fair use case involving a painting of Pres. Obama from a photograph, the plaintiff has sought to amend his complaint, on the ground that he had made incorrect statements about the photograph on which his painting had been based. Additionally, his motion states that he had initially attempted to cover up his mistake, rather than bring the mistake to the attention of his attorneys.

Minnesota man suspected of encouraging suicides Associated Press
A nurse who authorities say got his kicks by visiting Internet suicide chat rooms and encouraging depressed people to kill themselves is under investigation in at least two deaths and could face criminal charges that could test the limits of the First Amendment. Investigators said William Melchert-Dinkel, 47, feigned compassion for those he chatted with, while offering step-by-step instructions on how to take their lives. “Most importatn is the placement of the noose on the neck … Knot behind the left ear and rope across the carotid is very important for instant unconciousness and death,” he allegedly wrote in one Web chat. [Is he related to Dexter? ]

Press Accuracy Rating Hits Two Decade Low Pew Research
The public’s assessment of the accuracy of news stories is now at its lowest level in more than two decades of Pew Research surveys, and Americans’ views of media bias and independence now match previous lows. Just 29% of Americans say that news organizations generally get the facts straight, while 63% say that news stories are often inaccurate. In the initial survey in this series about the news media’s performance in 1985, 55% said news stories were accurate while 34% said they were inaccurate. That percentage had fallen sharply by the late 1990s and has remained low over the last decade.

Pirate Bay appeal pushed back to next summer The Local
An appeal launched by the four men found guilty in the Pirate Bay trial is unlikely to be heard until next summer, a Swedish appeals court announced on Monday. The Svea Court of Appeal has decided to delay hearings in the next phase of the trial of the four men behind the popular file sharing site. While the appeal was originally scheduled to be heard in November, bias accusations against two of the judges set to rule on the case have made it impossible to keep to the original timetable. The bias allegations may eventually be heard by the Supreme Court, which wouldn’t likely issue a final verdict until February, adding yet another wrinkle to commencing with the next phase of Pirate Bay trial. And since the appeals court is already fully booked for most of the spring of 2010, efforts by Carl Lundström, Gottfrid Svartholm Warg, Fredrik Neij and Peter Sunde to overturn the district court’s guilty verdict won’t likely move forward until next summer.

Hurdles remain as FCC ponders Internet data rules Associated Press
With Democrats in charge in Washington, supporters of so-called “net neutrality” rules seem poised to finally push through requirements that high-speed Internet providers give equal treatment to all data flowing over their networks. These rules – at the heart of a five-year policy debate – are intended to guarantee that Internet users can go to any Web site and access any online service they want. Phone and cable companies, for instance, wouldn’t be able to block subscribers from using cheaper Internet calling services or accessing online video sites that compete with their core businesses. Yet making that happen is proving thorny – and it’s likely that the courts and perhaps even Congress will ultimately get involved.

Judges have final decision on Twitter Australian IT
The Federal Court will leave it up to individual judges to decide whether to allow cases to be covered from within their courtrooms on new media platforms such as Twitter. The issue arose after two technology journalists, Andrew Colley from The Australian, and Liam Tung from website ZDNet Australia, started using the microblogging site to publish running reports of the landmark iiNet copyright case being heard by judge Dennis Cowdroy in Sydney and which is big news in Hollywood. Last week the Perth internet firm’s lawyers cross-examined four senior executives from Warner Brothers, Paramount Pictures, Disney and 20th Century Fox which are part of a group of 34 companies attempting to win a landmark legal decision and which could make Australian internet providers liable for acts of copyright infringement by their customers.

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First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi

October, 2009

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