Appeal | KitGuru https://www.kitguru.net KitGuru.net - Tech News | Hardware News | Hardware Reviews | IOS | Mobile | Gaming | Graphics Cards Fri, 26 May 2023 16:42:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 https://www.kitguru.net/wp-content/uploads/2021/06/cropped-KITGURU-Light-Background-SQUARE2-32x32.png Appeal | KitGuru https://www.kitguru.net 32 32 Microsoft appeals CMA ruling on Activision Blizzard acquisition https://www.kitguru.net/gaming/matthew-wilson/microsoft-appeals-cma-ruling-on-activision-blizzard-acquisition/ https://www.kitguru.net/gaming/matthew-wilson/microsoft-appeals-cma-ruling-on-activision-blizzard-acquisition/#respond Fri, 26 May 2023 16:00:44 +0000 https://www.kitguru.net/?p=616979 Microsoft's proposed acquisition of Activision Blizzard is in an interesting position right now. The company was able win over competing cloud companies and the European Commission with its commitments to bring Activision Blizzard and Xbox first-party PC games to rival cloud gaming services. However, in the UK, the CMA has chosen to block the deal. …

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Microsoft's proposed acquisition of Activision Blizzard is in an interesting position right now. The company was able win over competing cloud companies and the European Commission with its commitments to bring Activision Blizzard and Xbox first-party PC games to rival cloud gaming services. However, in the UK, the CMA has chosen to block the deal. Now as planned, Microsoft has filed its appeal, laying out its arguments against the CMA's decision. 

The appeal was filed this week with the Competition Appeal Tribunal (CAT), and now, a summary of Microsoft's argument for the appeal has been published by CAT ahead of the first meeting between Microsoft, the CMA and the Tribunal, which is scheduled for next week.

In the appeal, Microsoft claims the CMA made “fundamental errors” in its assessment, including wrongly defining the cloud gaming market as a separate entity to the overall gaming market. Microsoft's appeal also claims that beyond market definition issues, the CMA made “irrational” conclusions, such as claiming that Activision would put its games on cloud services, something the company has shown little to no interest in prior to the merger agreement with Microsoft. Elsewhere in the appeal, it is also claimed that the CMA made wrongful calculations in its assessment of Microsoft's position in the cloud gaming market. You can read the full summary document, HERE.

In a statement sent to The Verge, a Microsoft spokesperson said that it is “confident in the strength” of the appeal, as well as “the binding commitments” made to bring its games and Activision Blizzard titles to competing cloud services, which will “increase competition and choice for players today and in the future”.

KitGuru Says: This appeal seems to be moving quickly but it will be a while before a final decision is made. Now we'll have to wait and see how things play out. 

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Apple appeals Epic lawsuit ruling despite claiming victory https://www.kitguru.net/gaming/matthew-wilson/apple-appeals-epic-lawsuit-ruling-despite-claiming-victory/ https://www.kitguru.net/gaming/matthew-wilson/apple-appeals-epic-lawsuit-ruling-despite-claiming-victory/#respond Mon, 11 Oct 2021 14:50:58 +0000 https://www.kitguru.net/?p=535077 The Epic Games V Apple legal battle continues. While a judge ruled on the lawsuit earlier this summer, Epic Games was unhappy with the outcome and immediately filed for appeal. Now, Apple has also decided to appeal the ruling, despite claiming victory following the trial.  As reported by The Verge, Apple has also filed an …

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The Epic Games V Apple legal battle continues. While a judge ruled on the lawsuit earlier this summer, Epic Games was unhappy with the outcome and immediately filed for appeal. Now, Apple has also decided to appeal the ruling, despite claiming victory following the trial. 

As reported by The Verge, Apple has also filed an appeal in the case this week, despite winning nine out of the ten claims. Apple was found to be in violation of California's anti-steering rules, which would force Apple to let developers link to other ways to pay for in-app content, such as via a website.

In its appeal, Apple is essentially asking for more time to implement anti-steering rules, arguing that this would “allow Apple to protect consumers and safeguard its platform while the company works through the complex and rapidly evolving legal, technological, and economic issues”.

Apple did recently agree to change its App Store guidelines to remove bans on developers telling customers about non-Apple payment options for content. However, this appeal could delay any real change for years while this case goes through the court process once again.

It looks like Apple is hoping to get a clean sweep in the case against Epic Games, while Epic is still fighting to get Fortnite back on iOS and force major changes in the mobile app market.

Discuss on our Facebook page, HERE.

KitGuru Says: Epic Games V Apple is going to continue making headlines for years, as the appeals process is not a quick one. 

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Apple to fight EU’s €13 billion tax ruling this week https://www.kitguru.net/lifestyle/mobile/apple/matthew-wilson/apple-to-fight-eus-e13-billion-tax-ruling-this-week/ https://www.kitguru.net/lifestyle/mobile/apple/matthew-wilson/apple-to-fight-eus-e13-billion-tax-ruling-this-week/#respond Tue, 17 Sep 2019 10:15:39 +0000 https://www.kitguru.net/?p=426124 Back in 2016, the European Commission ruled against Apple in a huge tax evasion case, ordering the company to pay around 13 billion Euros in back taxes. Apple did begin paying off the bill, with the money being held in an escrow account. Now this week, Apple will begin its effort to have the ruling …

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Back in 2016, the European Commission ruled against Apple in a huge tax evasion case, ordering the company to pay around 13 billion Euros in back taxes. Apple did begin paying off the bill, with the money being held in an escrow account. Now this week, Apple will begin its effort to have the ruling overturned.

Ireland’s low tax rates has attracted many large companies over the years, with Apple being one of the most prominent to have a HQ there. Over the years, Apple has taken full advantage of this, paying as little as 0.005% tax in some years. The European Commission sees this as illegal state aid that should not be allowed. Meanwhile, the Irish government and Apple itself both disagree with that stance.

As reported by Reuters, Apple will be sending a group of legal experts and Chief Financial Officer, Luca Maestri, to attend a two-day court hearing in Luxembourg. Apple will apparently argue that it did nothing wrong and simply followed Irish and U.S tax laws.

Apple will also likely point out that majority of its tax bill would be generated in the United States, as that is where all products are designed, engineered and developed.

Apple will be making its case heard in the second highest court in the EU. There won’t be a ruling straight away and there is likely a number of appeal options open to Apple should the decision fall against them. With that in mind, we should be hearing more about this in the weeks and months to come.

KitGuru Says: Apple is one of, if not the most wealthy company in the world. However, a 13 billion Euro bill is still nothing to take lightly. Apple has held the stance that it did not evade tax in Europe since day-one, so it will be interesting to see where things go following this week’s hearing.

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Bethesda offers essay criteria in order to appeal Fallout 76 bans https://www.kitguru.net/gaming/damien-cox/bethesda-offers-essay-criteria-in-order-to-appeal-fallout-76-bans/ https://www.kitguru.net/gaming/damien-cox/bethesda-offers-essay-criteria-in-order-to-appeal-fallout-76-bans/#respond Thu, 27 Dec 2018 11:51:23 +0000 https://www.kitguru.net/?p=399345 Bethesda recently unleashed a ban wave in Fallout 76, seeing players that utilise cheat programs and mods locked from their accounts. These players have all received an email notifying them of their ban, ending with criteria for an essay that allows them to begin the appeal process. The email allegedly from Bethesda Support opens by …

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Bethesda recently unleashed a ban wave in Fallout 76, seeing players that utilise cheat programs and mods locked from their accounts. These players have all received an email notifying them of their ban, ending with criteria for an essay that allows them to begin the appeal process.

The email allegedly from Bethesda Support opens by telling users that their “account has violated the code of conduct and terms of service by cheating. The account was detected to be running a third-party application, which provides an unfair in-game advantage while logged into Fallout 76.”

According to YouTuber JuiceHead, members of the Fallout Reddit have complained that they have been unfairly banned, and the supposed email does little to explain why. Attempting to get to the bottom of things, JuiceHead with the help of the community determines that it could be the use of Reshade, a popular mod tool often used to modify the visuals of a game, however it can also be used to duplicate items, mods or Fallout 76 could potentially scan background files to uncover possibly malicious software, such as CheatEngine.

This is a particularly strange scenario for Bethesda, which has previously relied heavily on modifications to prolong interest in its open-world games. Although these particular users might not have caught wind, Bethesda did spend some time prior to the release of Fallout 76 explaining that mods of any kind would only be allowed when private servers eventually make their way into the game.

Fortunately, Bethesda Support has offered a new method of appeal should any affected user decide they want back in on the game:

“If you would like to appeal this account closure, we would be willing to accept an essay on ‘Why the use of third-party cheat software is detrimental to an online game community,’ for our management team to review.”

Having three separate people send the exact same wording, JuiceHead believes the email to be real despite criticising his small sample size. Bethesda has yet to verify the legitimacy of the emails sent out, but it isn’t out of character for the company to send something tongue-in-cheek to rule breakers.

KitGuru Says: Although Reshade and mods are common in previous Bethesda games, the multiplayer nature of Fallout 76 should be taken into account before running anything in the background. Do you believe you were wrongfully banned?

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Kim Dotcom may still be extradited, but not for copyright infringement https://www.kitguru.net/channel/jon-martindale/kim-dotcom-may-still-be-extradited-but-not-for-copyright-infringement/ https://www.kitguru.net/channel/jon-martindale/kim-dotcom-may-still-be-extradited-but-not-for-copyright-infringement/#respond Mon, 20 Feb 2017 09:29:34 +0000 http://www.kitguru.net/?p=322309 Kim Dotcom's long-running appeal of his originally long-running extradition trial in New Zealand, has come to a close. Despite the courts agreeing that he didn't commit copyright infringement, it ruled he could be extradited anyway, based on more general fraud charges. Dotcom's legal team has now announced that it plans to continue fighting the judgement. …

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Kim Dotcom's long-running appeal of his originally long-running extradition trial in New Zealand, has come to a close. Despite the courts agreeing that he didn't commit copyright infringement, it ruled he could be extradited anyway, based on more general fraud charges. Dotcom's legal team has now announced that it plans to continue fighting the judgement.

The MegaUpload file locker was shut down in 2012 and its founder, Kim Dotcom arrested in a raid on his New Zealand home. For the past few years, he's been fighting his extradition to the U.S. to face charges of copyright infringement. When his extradition was originally granted, it was appealed. While the courts appear to have agreed he did not commit copyright infringement, they still want to see him extradited on ‘a general fraud offence.'

Kim Dotcom took to Twitter to voice his disdain of the ruling, though seemed in rather high spirits for someone who seems more likely than ever to be extradited to America where he could face a lengthy jail sentence if found guilty of the charges brought against him.

Dotcom's now slightly-more-probable extradition was because Justice Gilbert of the High Court suggested that his actions had constituted fraud.

“Wilful infringement of copyright can properly be characterised as a dishonest act,” they said (via Ars). “Such infringement deprives the copyright holder of something to which it may be entitled.”

Source: Dotcom/Twitter

Dotcom sees this as a minor victory in some senses. While he may have lost in a traditional sense, the court did effectively prove that he didn't commit copyright infringement, which paints him in a better light than previous courts.

While the High Court has once again given the thumbs up to send Dotcom to the United States, it seems unlikely to happen anytime soon. His legal team have pledged to take the case to two further appeals court, including the New Zealand Supreme Court if it will hear it. With the ruling against his copyright infringement, Dotcom believes that squashing the fraud claims should be far easier.

Discuss on our Facebook page, HERE.

KitGuru Says: The Dotcom case is one that seems likely to be poured over by legal students for some time. It's a unique case which you can't help but feel is tainted with a political bias in some senses. It seems unlikely that Dotcom was entirely innocent of all claims against him, but the way he has been targeted seems very aggressive. 

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UN Panel rules Julian Assange must be freed, given liberty, money https://www.kitguru.net/channel/jon-martindale/un-panel-rules-julian-assange-should-be-freed-given-liberty-and-money/ https://www.kitguru.net/channel/jon-martindale/un-panel-rules-julian-assange-should-be-freed-given-liberty-and-money/#comments Fri, 02 Dec 2016 09:25:23 +0000 http://www.kitguru.net/?p=313605 The United Kingdom and Sweden must end the detention of Wikileaks founder, Julian Assange, a United Nations panel has ruled. Not only must both governments allow him to walk from his asylum in the Ecuadorian embassy in London, but they must respect his right to free movement and liberty and even provide him with monetary …

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The United Kingdom and Sweden must end the detention of Wikileaks founder, Julian Assange, a United Nations panel has ruled. Not only must both governments allow him to walk from his asylum in the Ecuadorian embassy in London, but they must respect his right to free movement and liberty and even provide him with monetary compensation for the past few years.

In 2012 Julian Assange faced extradition to Sweden on as part of a sexual assault and rape investigation, which he claimed were false and designed to allow him to be extradited again to the United States to face charges related to the leaking of documents through Wikileaks. So he sought asylum within the Ecuadorian embassy and has been there ever since.

assange

Source: Cancillería del Ecuador/Flickr

The UN panel initially ruled that Assange was arbitrarily detained earlier this year, but the UK government appealed it. Having now confirmed its decision, the United Nations will expect the British government to allow Assange to walk free, without fear of arrest. It will also expect Sweden to drop the charges against him.

While the UN resolution isn't binding, it would be difficult for the UK to ignore its recommendations, but in the future request its support in enforcing human rights law elsewhere in the world. It would also weaken the perceived influence of the United Nations when it comes to making rulings elsewhere.

[yframe url='http://www.youtube.com/watch?v=Fcw3SKVRUbM']

“Now that all appeals are exhausted I expect that the UK and Sweden will comply with their international obligations and set me free,” Assange said in a statement. “It is an obvious and grotesque injustice to detain someone for six years who hasn’t even been charged with an offence.”

Discuss on our Facebook page, HERE.

KitGuru Says: This should be an interesting test of how isolationist the UK is trying to become. Will it let him free? How will it respond once he's able to wander around? 

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Kim Dotcom threatens to sue for billions if appeal successful https://www.kitguru.net/channel/jon-martindale/kim-dotcom-threatens-to-sue-for-billions-if-appeal-successful/ https://www.kitguru.net/channel/jon-martindale/kim-dotcom-threatens-to-sue-for-billions-if-appeal-successful/#comments Fri, 02 Sep 2016 11:49:44 +0000 http://www.kitguru.net/?p=304890 Legally embattled Kim Dotcom has pledged to sue the U.S. and New Zealand governments for billions if his appeal to avoid extradition to America is successful. He claims that at the time of his arrest in 2012, his series of Mega sites and services were worth in excess of $2.4 billion, and would “sue for …

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Legally embattled Kim Dotcom has pledged to sue the U.S. and New Zealand governments for billions if his appeal to avoid extradition to America is successful. He claims that at the time of his arrest in 2012, his series of Mega sites and services were worth in excess of $2.4 billion, and would “sue for a lot more.”

Dotcom is currently taking part in his appeals process following his original extradition trial in 2015, where a judge ruled that he should be deported to the United States to face charges of money laundering and conspiracy to commit copyright infringement. However, he remains confident that he will avoid that in the near future and plans legal action of his own, if successful.

Although not an official announcement of intent by any means, Dotcom did claim via Twitter that he would sue the U.S. and New Zealand governments for billions, since the sites and services they destroyed through his arrest were worth as much. Consider too the punitive damages associated with keeping him in courts and unable to access his frozen assets for years and he may well have a serious case on his hands.

One wrinkle in Dotcom's plan however, could come in the form of NZ police commissioner Peter Marshall. He signed an indemnity order, which would essentially label him responsible if Dotcom were to complain about his treatment over the past few years. The NZ government believes this would exonerate the U.S. from any complaints Dotcom may have, as per NewsHub.

All of this though, will very much depend on the outcome of his appeal. It is set to continue for the next five weeks and much of it will be livestreamed. Dotcom reports that the U.S. has repeatedly tried to halt the streaming of the court case, though the judge has allowed it to continue for now.

Discuss on our Facebook page, HERE.

KitGuru Says: The whole Dotcom case has been a fascinating example of the U.S. wielding heavy hands overseas. If the pendulum swings the other way, the fall out could be huge. 

Image source: Dotcom/Twitter

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Earthquake zone residents urged to leave Wi-Fi open https://www.kitguru.net/gaming/security-software/jon-martindale/earthquake-zone-residents-urged-to-leave-wi-fi-open/ https://www.kitguru.net/gaming/security-software/jon-martindale/earthquake-zone-residents-urged-to-leave-wi-fi-open/#comments Fri, 26 Aug 2016 14:00:15 +0000 http://www.kitguru.net/?p=304324 In the wake of the Italian earthquake which has claimed the lives of several hundred people, local residents of stricken areas are being asked to remove the password protection on their Wi-Fi networks, as mobile networks continue to remain down. The Italian Red Cross put the call out first, as it was struggling to organise …

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In the wake of the Italian earthquake which has claimed the lives of several hundred people, local residents of stricken areas are being asked to remove the password protection on their Wi-Fi networks, as mobile networks continue to remain down.

The Italian Red Cross put the call out first, as it was struggling to organise its various support workers and their expanded teams, with spotty coverage and unstable networks. With open Wi-Fi connections in various areas, that at least gives data access to those who need it (thanks Ars).

Currently some 4,300 rescue workers are involved in the clearing of rubble in a desperate attempt to recover those who may still be trapped beneath it. Coordinating that many people without unified communications tools has proved difficult, but as Wi-Fi networks open up and some mobile coverage is restored, it's hoped that it will become easier.

Of course traditionally it's a very bad idea to leave your Wi-Fi network unsecured. Not only could someone hijack your connection and use it to infiltrate the hardware you have connected to the service, but it could be used for identity theft or even to make you a scapegoat of a crime committed on the network.

In this instance though, the Italian Red Cross suggests that convenience trumps security for the time being.

KitGuru Says: While most of you are unlikely to be able to help out with Wi-Fi, don't forget you can donate directly to the Italian Red Cross which will give them funds they desperately need to continue the rescue efforts. 

Donate here.

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U.S. continues to hoard Dotcom’s millions, rejects appeal https://www.kitguru.net/channel/jon-martindale/u-s-continues-to-hoard-dotcoms-millions-rejects-appeal/ https://www.kitguru.net/channel/jon-martindale/u-s-continues-to-hoard-dotcoms-millions-rejects-appeal/#comments Mon, 15 Aug 2016 11:03:00 +0000 http://www.kitguru.net/?p=303055 Kim Dotcom has failed to reacquire the millions of dollars in funds that the U.S. government seized after taking down his site and having him arrested in New Zealand back in 2012. Following a lengthy appeal, the court has refused his claim and upheld the judgement that by remaining outside of the U.S., he is …

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Kim Dotcom has failed to reacquire the millions of dollars in funds that the U.S. government seized after taking down his site and having him arrested in New Zealand back in 2012. Following a lengthy appeal, the court has refused his claim and upheld the judgement that by remaining outside of the U.S., he is a fugitive of the law.

The U.S. government has claimed the legal right to withhold Dotcom's cash stocks, properties and other assets for years now, because it claims they were purchased through profits acquired from money laundering and copyright infringement. Although that is legally arguable, it's managed to maintain its grip on his cash and assets through the fugitive moniker.

The assets have a total value of some $67 million (£52 million) across a number of bank accounts, vehicles and luxury items (as per TorrentFreak).

The failed appeal by Dotcom's legal team is certainly a set back for the German national, but Dotcom and his defence, headed by Ira Rothken, has yet to give up. Moving forward, they would seek a review of the appeal court's decision and would petition the Supreme Court if the review approves the current decision.

“This opinion has the effect of eviscerating Kim Dotcom’s treaty rights by saying if you lawfully oppose extradition in New Zealand, the U.S. will still call you a fugitive and take all of your assets,” Rothken said in a statement.

He went on to call the U.S. tactics imperialistic and with no legal bearing.

That may not be the only Dotcom case that ends up at the Supreme Court though. The MegaUpload founder is also facing extradition after he lost the trial last year, but plans to appeal that decision and will take it to the Supreme Court also, if required.

Discuss on our Facebook page, HERE.

KitGuru Says: As much as there is likely to be a case that Dotcom was at least aware of copyright infringement on MegaUpload, it is very worrying that the U.S. can call someone a fugitive and just take their money, without much legal standing or recourse.

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Dotcom gets at least one more summer in New Zealand https://www.kitguru.net/channel/jon-martindale/dotcom-gets-at-least-one-more-summer-in-new-zealand/ https://www.kitguru.net/channel/jon-martindale/dotcom-gets-at-least-one-more-summer-in-new-zealand/#respond Wed, 10 Feb 2016 12:29:01 +0000 http://www.kitguru.net/?p=283450 The appeal for internet entrepreneur Kim Dotcom's extradition trial has been set of August, so the MegaUpload founder will have at least a few more months to prepare and  can finish out this summer there. This comes despite demands from the U.S. that his appeal be fast tracked to hurry along his extradition, should the …

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The appeal for internet entrepreneur Kim Dotcom's extradition trial has been set of August, so the MegaUpload founder will have at least a few more months to prepare and  can finish out this summer there. This comes despite demands from the U.S. that his appeal be fast tracked to hurry along his extradition, should the appeal fall through.

This all relates to Dotcom's original arrest back in January 2012 for operating the file locker website, MegaUpload. Authorities in the U.S. and New Zealand accused him of profiting from copyright infringement and money laundering, charges that if convicted could have Dotcom put away for many years.

He was ultimately arrested and his property seized. Over the four years since, he's avoided the trial for as long as possible, but was eventually given the nod by a judge at the end of 2015 to be extradited to the U.S., along with his fellow defendants. Now we await the Dotcom appeal trial, which the judge has set for August, denying requests from the prosecution that it be hurried along (as per TorrentFreak).

kimdotcom

Source: Kim Dotcom/Twitter

When the appeal finally does take place, beginning on the 29th August, it is expected to last several weeks, meaning Dotcom could be New Zealand until October, which is edging into another New Zealand summer. If anything else delays it, it could be 2017 before we know whether Dotcom will be leaving the shores of his southern-hemisphere home for good.

Even if the appeal goes against him, Dotcom can then take it through the High Court, the Supreme Court and even request special consideration from the minister of justice. This is a long road that isn't even close to being over.

Discuss on our Facebook page, HERE.

KitGuru Says: It's quite amazing how lengthy this legal process has been. Do you think he will be able to avoid going to the U.S. forever?

 

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Ross Ulbricht appeal kicks off with attack on corrupt feds https://www.kitguru.net/channel/jon-martindale/ross-ulbricht-appeal-kicks-off-with-attack-on-corrupt-feds/ https://www.kitguru.net/channel/jon-martindale/ross-ulbricht-appeal-kicks-off-with-attack-on-corrupt-feds/#comments Wed, 13 Jan 2016 12:00:03 +0000 http://www.kitguru.net/?p=280523 Convicted Silk Road founder Ross Ulbricht has served a year of his double-life sentence without parole, but is now getting the chance to appeal his original conviction. The first step on that road is a big one too, as his legal team submitted a 140+ page document requesting the original trial be thrown out, citing examples …

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Convicted Silk Road founder Ross Ulbricht has served a year of his double-life sentence without parole, but is now getting the chance to appeal his original conviction. The first step on that road is a big one too, as his legal team submitted a 140+ page document requesting the original trial be thrown out, citing examples such as corrupt federal officers being involved in the case.

This was a major point of contention during and in the aftermath of the original trial, where it was found that a pair of federal officers, one from the DEA and another from the Secret Service, had deliberately hidden away Bitcoins that were part of the case. They eventually pled guilty to the charges, but this was long after Ulbricht's trial was completed.

It is also argued in the appeal that since one of the men tried to extort Ulbricht and had unprecedented access to the site and staffer accounts, they could easily have planted evidence or tampered with site-logs.

Other points raised by the defence include the fact that ‘kingpin' laws were applied to the 31 year old, usually reserve for those running large drug cartels. The defence argues that as he was the platform administrator, rather than the pusher or head of a drug making organisation, that shouldn't apply.

ulbricht

Source: Free Ross

Other claims include that the defence wasn't allowed to question witnesses on possible alternative suspects in the Silk Road case, as well as the police using warrantless tracking to violate Ulbricht's fourth amendment rights.

The defence also attacks the judge for the trial, Katherine Forrest, for allowing the prosecution to submit Bitcoin tracing evidence mid-way through the trial, but denied the defence the chance to bring forward an expert witness to refute it (as per Wired). She also disallowed the testimony of a Silk Road staffer who claimed multiple people operated the site and posted under the pseudonym Dread Pirate Roberts, the alleged admin of the site.

It was her ruling too, that blocked the defence from delaying the trial until after the convictions of the corrupt federal officials were secured.

The prosecution is expected to argue that the two men had little to do with convicting Ulbricht.

Discuss on our Facebook page, HERE.

KitGuru Says: It does seem like the judge went really hard at Ulbricht and used him as somewhat of a scapegoat. While his sentence might be harsh though, it seems clear he was involved and can expect some measure of a sentence.

 

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Apple wins appeal in patent case against Samsung https://www.kitguru.net/channel/generaltech/matthew-wilson/apple-wins-appeal-in-patent-case-against-samsung/ https://www.kitguru.net/channel/generaltech/matthew-wilson/apple-wins-appeal-in-patent-case-against-samsung/#comments Fri, 18 Sep 2015 15:30:12 +0000 http://www.kitguru.net/?p=268401 Apple has won an appeal in its never-ending lawsuit against Samsung. The latest victory on Apple's part could mean that Samsung will either have to make changes to or stop selling some of its older Galaxy smartphones and tablets. A US court of appeals made the ruling on Thursday and covered features like the ‘slide …

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Apple has won an appeal in its never-ending lawsuit against Samsung. The latest victory on Apple's part could mean that Samsung will either have to make changes to or stop selling some of its older Galaxy smartphones and tablets. A US court of appeals made the ruling on Thursday and covered features like the ‘slide to unlock' patent.

Other patented features that Samsung may have to give up on older devices include Autocorrect and quicklinks, according to a Bloomberg report. The court's ruling said: “Apple does not seek to enjoin the sale of life-saving drugs, but to prevent Samsung profiting from the unauthorised use of infringing features in its cellphones and tablets. The right to exclude competitors from using one's property rights is important”.

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Since this lawsuit was filed way back in 2012, it only covers old devices, which have long since been replaced or taken off of store shelves for the most part. As a result, this ruling may not worry the company too much, even if certain devices get banned from sale.

This is just the latest turn of events in the Apple VS Samsung saga. There is likely more legal proceedings brewing behind the scenes to drag this ridiculous battle out even longer.

KitGuru Says: Apple and Samsung are a strange pair. Each company relies on the other for business , with Samsung manufacturing many of the chips for the iPhone and iPad. Yet, they are both constantly locked in legal battles that never seem to end. Do any of you think Apple and Samsung will ever stop suing each other? 

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Samsung wants to take its fight against Apple to the Supreme Court https://www.kitguru.net/lifestyle/mobile/apple/matthew-wilson/samsung-wants-to-take-its-fight-against-apple-to-the-supreme-court/ https://www.kitguru.net/lifestyle/mobile/apple/matthew-wilson/samsung-wants-to-take-its-fight-against-apple-to-the-supreme-court/#respond Thu, 20 Aug 2015 16:00:12 +0000 http://www.kitguru.net/?p=264295 Samsung and Apple have been locked in a legal battle for a number of years now and while Samsung initially lost the fight several years ago, it has kept fighting back since. While the courts originally ordered Samsung to pay close to $1 billion to Apple in damages, Samsung has issued appeals and that payout …

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Samsung and Apple have been locked in a legal battle for a number of years now and while Samsung initially lost the fight several years ago, it has kept fighting back since. While the courts originally ordered Samsung to pay close to $1 billion to Apple in damages, Samsung has issued appeals and that payout was reduced significantly earlier this year.

The overall amount may be reduced even further, after a 2008 Apple patent was invalidated this week. Now Samsung is looking to take things as high as the US Supreme Court to settle things once and for all.

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The court papers were filed on Wednesday, which state: “The questions present issues of enormous importance to patent litigation and the scope of innovation, especially in high-technology industries”. Reports are currently suggesting that companies including Google and Facebook may even support Samsung in urging the Supreme Court to look at the case.

The Supreme Court has plenty of time to make a decision though as it has until the end of the current term, which happens in June next year.

Discuss on our Facebook page, HERE.

KitGuru Says: Samsung has been chipping away at Apple's initial $1 billion award since 2012. Currently, Apple's winnings in the case sit closer to the $600 million mark, after two appeals, which went slightly in Samsung's favour. Hopefully this lawsuit can finally end at some point in 2016.

Via: The Verge

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US appeal court sides with Samsung in Apple lawsuit, will reduce fine https://www.kitguru.net/channel/generaltech/matthew-wilson/us-appeal-court-sides-with-samsung-in-apple-lawsuit-will-reduce-fine/ https://www.kitguru.net/channel/generaltech/matthew-wilson/us-appeal-court-sides-with-samsung-in-apple-lawsuit-will-reduce-fine/#comments Mon, 18 May 2015 17:20:28 +0000 http://www.kitguru.net/?p=249900 The Apple VS Samsung lawsuit still isn't over. Last year, a US court ruled in Apple's favor in a lawsuit over patents, ordering Samsung to pay $930 million in damages. Obviously the Korean device maker appealed the ruling and now, the US appeals court has sided with Samsung. The US Court of Appeals of the …

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The Apple VS Samsung lawsuit still isn't over. Last year, a US court ruled in Apple's favor in a lawsuit over patents, ordering Samsung to pay $930 million in damages. Obviously the Korean device maker appealed the ruling and now, the US appeals court has sided with Samsung.

The US Court of Appeals of the Federal Circuit today confirmed a Jury's verdict, stating that while Samsung did violate some of Apple's patents, it had not infringed on everything. As a result, the $930 million payout could be reduced significantly by as much as $382 million.

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The court's ruling said: “We affirm the jury's verdict on the design patent infringements, the validity of two utility patent claims, and the damages awarded for the design and utility patent infringements appealed by Samsung. However, we reverse the jury's findings that the asserted trade dresses are protectable. We therefore vacate the jury's damages awards against the Samsung products that were found liable for trade dress dilution and remand for further proceedings consistent with this opinion.”

The appeals court decided that Samsung did not infringe on Apple's ‘trade dress', which is a trademark pertaining to how a device looks or is packaged. Apple tried to make the argument that Samsung had copied the iPhone's flat surface, rectangular shape and rounded corners. However, the company failed to present enough evidence to support this.

Discuss on our Facebook page, HERE.

KitGuru Says: So Samsung will still be paying Apple a significant amount of money but it won't be quite as much as before. Hopefully this will be the end of this long running legal battle.

Via: The Inquirer

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US appeals court declares NSA spying illegal https://www.kitguru.net/channel/jon-martindale/us-appeals-court-declares-nsa-spying-illegal/ https://www.kitguru.net/channel/jon-martindale/us-appeals-court-declares-nsa-spying-illegal/#comments Fri, 08 May 2015 09:10:38 +0000 http://www.kitguru.net/?p=248552 Despite British MP's quickly jumping on the idea of increasing the amount of spying that agencies like GCHQ perform against the British public, across the pond things don't look quite so rosy for the intelligence agencies. The NSA's record of spying on US citizens has been deemed illegal by a federal appeals court, paving the …

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Despite British MP's quickly jumping on the idea of increasing the amount of spying that agencies like GCHQ perform against the British public, across the pond things don't look quite so rosy for the intelligence agencies. The NSA's record of spying on US citizens has been deemed illegal by a federal appeals court, paving the way for legal action against the state and its federal agencies, and potentially even leading to a cessation of all related schemes.

While government and agency officials argued that the Patriot act, which allows for data seizure and collection to help fight terrorism, covered its spying programs, the appeals court did not agree. While it could be used to target individuals it said, the act did not give the NSA or anyone else the right to collect mass phone records on the US populace.

“Such expansive development of government repositories of formerly private records would be an unprecedented contraction of the privacy expectations of all Americans,” said Circuit Judge Gerard Lynch. “We would expect such a momentous decision to be preceded by substantial debate, and expressed in unmistakable language. There is no evidence of such a debate.”

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He then put the continuation of such programs in the hands of congress, overruling a 2013 decision that declared the NSA programs lawful. However, he did stop short of saying that the NSA had violated the terms of the US constitution.

What happens next will certainly be interesting, though according to Reuters, we may see a big revamp of the NSA's spying systems, as even President Obama has shown interest in ending much of what they do while preserving its “essential capabilities.”

Discuss on out Facebook page, HERE.

KitGuru says: This is pretty excellent news for anyone that's a fan of personal privacy, but it's only the first step to having the programs stopped in their tracks. Hopefully rulings like this will make British MPs think twice about further extending snooping laws.

Image source: Wikimedia

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Pirate Bay co-founder denied an NES for his prison cell https://www.kitguru.net/channel/generaltech/matthew-wilson/pirate-bay-co-founder-denied-an-nes-for-his-prison-cell/ https://www.kitguru.net/channel/generaltech/matthew-wilson/pirate-bay-co-founder-denied-an-nes-for-his-prison-cell/#comments Mon, 20 Apr 2015 17:43:57 +0000 http://www.kitguru.net/?p=245897 Pirate Bay co-founder and former operator, Fredrik Neij, was arrested and put in prison just last year for copyright infringement. Inititally, he had hoped to kill some time making his way through some classic Nintendo games, but the prison has denied his request for an NES. While the prison usually does allow inmates to have …

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Pirate Bay co-founder and former operator, Fredrik Neij, was arrested and put in prison just last year for copyright infringement. Inititally, he had hoped to kill some time making his way through some classic Nintendo games, but the prison has denied his request for an NES.

While the prison usually does allow inmates to have access to consoles, Neij's request for an NES was denied due to the fact that it can't be opened up and checked for contraband with ease, due to the screws used on the console. In its reply to the former Pirate Bay operator, the prison stated that: “The console is sealed in such a way that it can not be opened without the machine being destroyed”.

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“In light of this, the institution can’t implement the necessary control of the game console and it is therefore impossible to ensure that it does not contain prohibited items”. As you could imagine, Fredrick doesn't agree and is planning to appeal on the grounds that the prison could just buy the required screw driver to open up the console.

He also wrote that the idea that the institution lacks the funds to pick up an extra screwdriver “can not be considered reasonable”. Additionally, if the prison wanted to get creative, it could just use a pen and a cigarette lighter to open up the NES.

Aside from that, the NES does not pose any other form of security threat as it has no network connectivity.

Discuss on our Facebook page, HERE.

KitGuru Says: I do wonder how far this appeal will get, the request doesn't seem entirely unreasonable, the NES is one of the most basic consoles around and opening one up to check for contraband would take little effort with the proper tools.

Source: TorrentFreak, expressen

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