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Repeat Infringers Can Be Mere Downloaders, Court Rules ( 3

A 10-year-old copyright case has prompted an interesting opinion from a US appeals court. In determining the nature of a "repeat infringer" (which service providers must terminate to retain safe harbor), the court found these could be people who simply download infringing content for personal use. The case was filed by recording labels EMI and Capitol against the since long defunct music service MP3Tunes nearly a decade ago. The site allowed, among other things, the ability to store MP3 files and then play it remotely on other devices. The site also allowed users to search for MP3 files online and add them to MP3Tunes service. This is what the recording labels had a problem with, and they sued the site and the owner. TorrentFreak adds: The case went to appeal and yesterday the 2nd Circuit Court of Appeals handed down an opinion that should attract the attention of service providers and Internet users alike. The most interesting points from a wider perspective cover the parameters which define so-called 'repeat infringers.' [...] Noting that the District Court in the MP3Tunes case had also defined a 'repeat infringer' as a user who posts or uploads infringing content "to the Internet for the world to experience or copy", the Court of Appeals adds that the same court determined that a mere downloader of infringing content could not be defined as a repeat infringer "that internet services providers are obligated to ban from their websites." According to the Court of Appeal, that definition was too narrow. "We reject this definition of a 'repeat infringer,' which finds no support in the text, structure, or legislative history of the DMCA. Starting with the text, we note that the DMCA does not itself define 'repeat infringers'," the opinion reads. Noting that 'repeat' means to do something "again or repeatedly" while an 'infringer' is "[s]omeone who interferes with one of the exclusive rights of a copyright," the Court of Appeals goes on to broaden the scope significantly. [...] The notion that the term 'repeat infringer' can now be applied to anyone who knowingly (or unknowingly) downloads infringing content on multiple occasions is likely to set pulses racing. How it will play out in practical real-world scenarios will remain to be seen, but it's certainly food for thought.

Apple To Help Viewers Discover TV Shows Through an App ( 29

Apple plans to announce a new way for viewers to discover TV shows through an app, according to a report on USA Today. The app will release as soon as this week, the report adds. From the article: Described to network executives as "the Watch List," the app will recommend shows based on the content viewers access through their Apple TVs. For example, a subscriber to FX Networks might be encouraged to check out the new dramatic series Atlanta. This new approach of distilling recommendations into a single app builds on the improvements in search and discovery that Apple introduced last year, with the fourth update to its Apple TV streaming box.

Microsoft Announces Ultra-Thin, Pixel-Dense Surface Studio Touchscreen PC ( 86

An anonymous reader writes: Microsoft's first Surface-branded desktop PC now exists, and it is called the Surface Studio. The PC features a 28" display with 13.5 million pixels, which means the display is roughly 63 percent denser than a "4K" screen at 3840x2160 resolution. That screen is also an astonishing 12.5mm thick. The specs we know so far: an integrated 270W PSU, 2TB "rapid" hard drive (meaning, hopefully, an SSD portion in a "hybrid" configuration, but that is not yet confirmed), 32GB RAM, a quad-core Skylake CPU, and a Windows Hello-compatible front-facing camera. In his demonstration of the device, Panos Panay, Microsoft's head of Windows hardware, held up a piece of paper to demonstrate "true scale" resolution density, so that holding that paper up to the screen would offer like-for-like comparability. He also showed off live color gamut switching, which visual designers will clearly appreciate.Update: 10/26 17:59 GMT: FastCompany has an in-depth story on Surface Studio and how it was conceived.

In China, Some Apple Users Opt For iPhone Makeover Rather Than Buy New ( 64

Instead of buying a new iPhone model, some Chinese iPhone owners are giving their old models a makeover to look like the latest version -- a trend that could dent Apple's efforts to boost sales in what has been its biggest growth driver. Catherine Cadell, reporting for Reuters: Online sites offer shoppers makeover kits, false cameras and even dust plugs to hide the removed headphone jack to give their iPhone 6 or 6S the appearance of the iPhone 7 -- Apple's latest flagship product which launched last month. The makeover quirk mirrors a broader view among some Chinese users that the iPhone 7 doesn't have enough new features to convince them to trade up. "I don't have the money to upgrade, and the (iPhone) 7 is just so-so," said a Beijing-based sales worker, who said he was getting a Shenzhen firm to replace his iPhone 6 back casing with a fake iPhone 7 shell. "I'm changing it to show off," he said, giving only his surname Gao as he wasn't sure that what he was doing was legal. Searches on platforms including Alibaba's Taobao showed a range of products to transform older phones to an iPhone 7 -- from stickers and engraving services to replacing the outer casing and even some of the hardware.

Microsoft Unveils Windows 10 Creators Update, Coming in Early 2017 ( 51

Microsoft today announced Creators Update for Windows 10. The company said Creators Update will release with a slew of new features at no charge in early 2017. From a report on Fortune: The Windows 10 Creators Update lets users on mobile devices take three-dimensional photos by scanning an object as they walk around it. It also allows for 3D graphics in Microsoft's popular PowerPoint presentation software, and a new "Paint 3D" application lets people edit photos and other designs in three dimensions. Terry Myerson, Microsoft's executive vice president for the Windows and devices group, said the update was tailored for gamers who are increasingly interested in augmented and virtual reality experiences. "Windows 10 will be your platform for gaming glory," he said at a product launch event in New York.

Those Facebook Live Videos From Space That Are Going Viral Are Fake, NASA Confirms ( 27

Earlier this morning, a Facebook Live video allegedly showed a live feed of the International Space Station (ISS). The video has gone viral on the internet, with more than 17 million views, two million likes, and 400,000 shares. The only problem: that video feed is fake, a NASA spokesperson told Mashable. It said, "there is no spacewalk being conducted outside the International Space Station today." The video was shared by UNILAD, Viral USA, and Interstinate Facebook pages. From the report: NASA announces it whenever a spacewalk is expected to occur on the station, and they don't have anything about a spacewalk on their schedule for today. If the livestreams are showing spacewalks, that's a big hint they're fake.Good thing Facebook insists it isn't a media company.

Microsoft Announces Paint 3D, the Biggest Update Ever To the Classic App ( 59

Microsoft is releasing a revamped and modernized Paint app for Windows 10 that let people draw and convert things in 3D. The company announced the app at its keynote today where it stressed the future of making things in 3D. The Verge adds:Users can take photos and easy turn portions of the photo into 3D objects. Along with the app, users can also share work in a new community online that comes with a focus on Minecraft. People can directly export from the game and 3D print whatever they make. The new version of the Paint app was put online earlier this month and available for anyone to download. The app is a Universal Windows app that comes with pen and touch-friendly features, as well as support for 3D objects. The new app stays true to the original Paint app in that it's a basic editing and creating app but with some added 3D effects.

Intel Announces Atom E3900 Series - Goldmont for the Internet of Things ( 53

Intel has announced the Atom E3900 series. Based upon the company's latest generation Goldmont Atom CPU core, the E3900 series will be Intel's most serious and dedicated project yet for the IoT market. AnandTech adds: So what does an IoT-centric Atom look like? By and large, it's Broxton and more. At its core we're looking at 2 or 4 Goldmont CPU cores, paired with 12 or 18 EU configurations of Intel's Gen9 iGPU. However this is where the similarities stop. Once we get past the CPU and GPU, Intel has added new features specifically for IoT in some areas, and in other areas they've gone and reworked the design entirely to meet specific physical and technical needs of the IoT market. The big changes here are focused on security, determinism, and networking. Security is self-evident: Intel's customers need to be able to build devices that will go out into the field and be hardened against attackers. Bits and pieces of this are inerieted from Intel's existing Trusted Execution Technology, while other pieces, such as boot time measuring, are new. The latter is particularly interesting, as Intel is measuring the boot time of a system as a canary for if it's been compromised. If the boot time suddenly and unexpectedly changes, then there's a good chance the firmware and/or OS has been replaced.

Google Fiber Pauses Operations, CEO Leaves, and About 9 Percent of Staff Is Being Let Go ( 170

The future of Google Fiber has been shaky ever since Google's parent company, Alphabet, was founded. The original plan was to expand Fiber's blazing fast internet service to more than 20 cities, with the goal of eventually delivering nationwide gigabit service. However, Alphabet hit the reset button on those plans Tuesday. Not only is Google Fiber CEO Craig Barratt leaving, but about 9 percent of staff is being let go. That translates to about 130 job losses, since the business has about 1,500 employees. Bloomberg reports: Barratt wrote in a blog post that the company is pulling back fiber-to-the-home service from eight different cities where it had announced plans. Those include major metropolitan areas such as Dallas, Los Angeles and Phoenix. Moving into big cities was a contentious point inside Google Fiber, according to one former executive. Leaders like Barratt and Dennis Kish, who runs Google Fiber day-to-day, pushed for the big expansion. Others pushed back because of the prohibitive cost of digging up streets to lay fiber-optic cables across some of America's busiest cities. "I suspect the sheer economics of broad scale access deployments finally became too much for them," said Jan Dawson, an analyst with Jackdaw Research. "Ultimately, most of the reasons Google got into this in the first place have either been achieved or been demonstrated to be unrealistic."

Russia Unveils 'Satan 2' Missile Powerful Enough To 'Wipe Out UK, France Or Texas' ( 718

An anonymous reader quotes a report from The Telegraph: Russia has released the first image of its new nuclear missile, a weapon so powerful that it could wipe out nearly all of the United Kingdom or France. The RS-28 Sarmat thermonuclear-armed ballistic missile was commissioned in 2011 and is expected to come into service in 2018. The first images of the massive missile were declassified on Sunday and have now been published for the first time. It has been dubbed "Satan 2," as it will replace the RS-36M, the 1970s-era weapon referred to by Nato as the Satan missile. Sputnik, the Russian government-controlled news agency, reported in May that the missile could destroy an area "the size of Texas or France." Russian media report that the missile will weigh up to 10 tons with the capacity to carry up to 10 tons of nuclear cargo. With that type of payload, it could deliver a blast some 2,000 times more powerful than the bombs dropped on Hiroshima and Nagasaki. Russia reportedly tested a hypersonic warhead in April that is apparently intended for use on the Satan 2 missiles. The warhead is designed to be impossible to intercept because it does not move on a set trajectory.

Nuclear Plants Leak Critical Alerts In Unencrypted Pager Messages ( 64

mdsolar quotes a report from Ars Technica: A surprisingly large number of critical infrastructure participants -- including chemical manufacturers, nuclear and electric plants, defense contractors, building operators and chip makers -- rely on unsecured wireless pagers to automate their industrial control systems. According to a new report, this practice opens them to malicious hacks and espionage. Earlier this year, researchers from security firm Trend Micro collected more than 54 million pages over a four-month span using low-cost hardware. In some cases, the messages alerted recipients to unsafe conditions affecting mission-critical infrastructure as they were detected. A heating, venting, and air-conditioning system, for instance, used an e-mail-to-pager gateway to alert a hospital to a potentially dangerous level of sewage water. Meanwhile, a supervisory and control data acquisition system belonging to one of the world's biggest chemical companies sent a page containing a complete "stack dump" of one of its devices. Other unencrypted alerts sent by or to "several nuclear plants scattered among different states" included:

-Reduced pumping flow rate
-Water leak, steam leak, radiant coolant service leak, electrohydraulic control oil leak
-Fire accidents in an unrestricted area and in an administration building
-Loss of redundancy
-People requiring off-site medical attention
-A control rod losing its position indication due to a data fault
-Nuclear contamination without personal damage
Trend Micro researchers wrote in their report titled "Leaking Beeps: Unencrypted Pager Messages in Industrial Environments": "We were surprised to see unencrypted pages coming from industrial sectors like nuclear power plants, substations, power generation plants, chemical plants, defense contractors, semiconductor and commercial manufacturers, and HVAC. These unencrypted pager messages are a valuable source of passive intelligence, the gathering of information that is unintentionally leaked by networked or connected organizations. Taken together, threat actors can do heavy reconnaissance on targets by making sense of the acquired information through paging messages. Though we are not well-versed with the terms and information used in some of the sectors in our research, we were able to determine what the pages mean, including how attackers would make use of them in an elaborate targeted attack or how industry competitors would take advantage of such information. The power generation sector is overseen by regulating bodies like the North American Electric Reliability Corporation (NERC). The NERC can impose significant fines on companies that violate critical infrastructure protection requirements, such as ensuring that communications are encrypted. Other similar regulations also exist for the chemical manufacturing sector."

Renewables Overtake Coal As World's Largest Source of Power Capacity ( 223

The world's largest source of power capacity is now renewables, as roughly half a million solar panels were installed every single day last year. In addition, two wind turbines were erected every hour in countries such as China, according to the International Energy Agency. Financial Times reports (Editor's note: may be paywalled; alternate source): Although coal and other fossil fuels remain the largest source of electricity generation, many conventional power utilities and energy groups have been confounded by the speed at which renewables have grown and the rapid drop in costs for the technologies. Average global generation costs for new onshore wind farms fell by an estimated 30 percent between 2010 and 2015 while those for big solar panel plants fell by an even steeper two-thirds, an IEA report published on Tuesday showed. The Paris-based agency thinks costs are likely to fall even further over the next five years, by 15 percent on average for wind and by a quarter for solar power. It said an unprecedented 153 gigawatts of green electricity was installed last year, mostly wind and solar projects, which has more than the total power capacity in Canada. It was also more than the amount of conventional fossil fuel or nuclear power added in 2015, leading renewables to surpass coal's cumulative share of global power capacity -- though not electricity generation. A power plant's capacity is the maximum amount of electricity it can potentially produce. The amount of energy a plant actually generates varies according to how long it produces power over a period of time. Coal power plants supplied close to 39 percent of the world's power in 2015, while renewables, including old hydropower dams, accounted for 23 percent, IEA data show. But the agency expects renewables' share of power generation to rise to 28 percent by 2021, when it predicts they will supply the equivalent of all the electricity generated today in the U.S. and E.U. combined.

Apple's Annual Sales Fall For First Time Since 2001 ( 200

An anonymous reader quotes a report from CNNMoney: Apple just posted its first annual sales decline since 2001, the year it launched the iPod and kicked off a tremendous run of groundbreaking products. The tech company revealed Tuesday that annual sales fell to $216 billion in the 2016 fiscal year ending September 30, from a record $234 billion in 2015. The sales decline is closely connected to the falling sales for the iPhone, which remains Apple's largest source of revenue. Apple sold 45.5 million iPhones in the September quarter, down from 48 million iPhones in the same quarter a year earlier. That marks the third consecutive quarter when iPhone sales and overall revenue have declined from a year prior. Many analysts have raised concerns that the global smartphone market is saturated. Customers are taking longer to replace their phones. And Apple's latest iPhone is a dead ringer for the previous two models, eliminating some of the desire to upgrade. The good news is that this sales decline may prove to be a blip and not the new norm. Apple is projecting that it will post sales of $76 billion to $78 billion in the upcoming quarter, up from $74.8 billion a year earlier.

Scientists Create AI Program That Can Predict Human Rights Trials With 79 Percent Accuracy ( 80

An anonymous reader quotes a report from The Verge: Computer scientists have created an AI program capable of predicting the outcome of human rights trials. The program was trained on data from nearly 600 cases brought before the European Court of Human Rights (ECHR), and was able to predict the court's final judgement with 79 percent accuracy. Its creators say it could be useful in identifying common patterns in court cases, but stress that they do not believe AI will be able to replace human judgement. As described in a study published in the journal PeerJ Computer Science, the AI program worked by analyzing descriptions of court cases submitted to the ECHR. These descriptions included summaries of legal arguments, a brief case history, and an outline of the relevant legislation. The cases were grouped into three main violations of human rights law, including the prohibition on torture and degrading treatment; the right to a fair trial; and the right to "respect for private and family life." (Used in a wide range of cases including illegal searches and surveillance.) The AI program then looked for patterns in this data, correlating the courts' final judgements with, for example, the type of evidence submitted, and the exact part of the European Convention on Human Rights the case was alleged to violate. Aletras says a number of patterns emerged. For example, cases concerning detention conditions (eg access to food, legal support, etc.) were more likely to end in a positive judgement that an individual's human rights had been violated; while cases involving sentencing issues (i.e., how long someone had been imprisoned) were more likely to end in acquittal. The researchers also found that the judgements of the court were more dependent on the facts of the case itself (that is to say, its history and its particulars) than the legal arguments (i.e., how exactly the Convention on Human Rights had or had not been violated).

Apple Has Created 'Detailed Mockups' of iMessage For Android ( 138

One of the biggest features on iOS that isn't available on Android is iMessage, an instant messaging service that allows users to send information over Wi-Fi, 4G LTE, and other forms of internet access to other iOS or OS X users. Earlier this year, there were been rumors swirling around the possibility of the service coming to Android due to Apple's increased focus on services, "which means opening up certain avenues beyond its own iOS and OS X platforms." Today, Daring Fireball's John Gruber has added fuel to the fire by mentioning that he's "heard from little birdies" that a handful of "detailed mockups" of iMessage for Android have been shared around Apple. MacRumors reports: The user interface of the Android app is said to have gone through numerous designs, from one that looks identical to the version on iOS, to another that has a "pure Material Design," using Google's design language it developed a few years ago. Gruber still thinks iMessage on Android "might happen sooner or later," mainly because of iMessage's new monetized Messages App Store, which could net Apple increased income in its already profitable services category if it translated the app to Android. Apple undoubtedly created mockups for all types of products and services, the vast majority of which never make it to release, and it's unclear exactly how far along the iMessage for Android preliminary designs were at the time of their circulation through Apple, or when exactly that occurred. Still, Gruber notes that while an Android version of iMessage "may never see the light of day," even the existence of such mockups "strongly suggests that there's no 'of course not' to it."

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