Maybe, like me, you thought that the Bay Area Rapid Transit system was only good for illegally shutting down cell phone services in its stations to quiet protests that never actually existed. Well, it turns out we were all wrong about that. BART is also good for insanely stupid trademark oppositions. Take, for instance, the recent dispute between the transit group and FiftyFifty Brewing Company, in which the former is attempting to keep the latter from gaining a trademark on its Barrel Aged Really Tasty brew.
According to FiftyFifty owner/CEO Andy Barr, the B.A.R.T. beer has been a regular offering for several years. It has been sold at the brewery and bottled in limited production for California distribution; he has legal label approval in the state. But FiftyFifty is now ready to expand its current production (~1200 barrels per year) and start shipping over state lines, so as Barr puts it, “it was a time for a trademark.” However, one party is not so keen on FiftyFifty’s trademark application for the B.A.R.T. label: Bay Area Rapid Transit, which obviously shares an acronym with the FiftyFifty beer in question. An opposition was filed.
“We were very surprised to get opposition from Bay Area Rapid Transit,” says Barr, pointing out that trains and beer are very different things, unlikely to cause consumer confusion. “Trademarks are for specific categories. You trademark it for beer, ale, porter. The implication is that we came up with that acronym in order to monetize on the fame of Bay Area Rapid Transit — which is not true,” Barr says.
Tag: USA
Ted Cruz’s New Presidential Campaign Donation Website Shares Security Certificate With Nigerian-Prince.com
We’re big believers in using HTTPS to secure websites (even if HTTPS certificates have their problems — it’s still better than the alternative). But there are pitfalls in setting up your certificate correctly as newly announced presidential candidate Senator Ted Cruz apparently discovered this morning. Because along with his campaign launch speech (which was widely mocked by the Liberty University students who were forced to attend), he put up a website for donations. And that website didn’t default to HTTPS and also listed nigerian-prince.com as an alternate domain on the security certificate, as first noted by the Twitter feed@PwnAllTheThings:
A few hours after this was first noticed, the Cruz campaign appears to have removed nigerian-prince.com from its certificate, but it still raises some questions about just who he has hired to build his websites. I guess that’s what happens when even the technologists in your own partyopenly mock Ted Cruz’s ignorance when it comes to technology issues like net neutrality.
RIAA Bites Grooveshark With Record Google Takedowns
It would be fair to say that the relationship between the world’s major recording labels and streaming music service Grooveshark is a rocky one at best.
Founded in 2006 as a site where users could upload their own music and listen to streams for free, friction with record companies built alongside Grooveshark’s growth. EMI first filed a copyright infringement suit against the company in 2009 but it was withdrawn later that year after the pair reached a licensing agreement.
Since then there have been major and ongoing disputes with the labels of the RIAA who accuse Grooveshark of massive copyright infringement. Those behind the service insist that Grooveshark is simply a YouTube-like site which is entitled to enjoy the safe harbor protections of the DMCA.
Part of Grooveshark’s DMCA responsibilities is to remove infringing content once a copyright holder asks for it to be taken down. Grooveshark doesn’t publish any kind of transparency report but there is nothing to suggest that in 2015 it doesn’t take that responsibility extremely seriously.
However, Google’s transparency report reveals that the world’s major recording labels are currently hitting Grooveshark particularly hard. In fact, between the RIAA, IFPI and several affiliated anti-piracy groups, Google handled 346,619 complaints during the past month alone, with up to 10,000 URLs reported in a single notice.
U.S. Court Extends Global Shutdown of DVD Ripping Software
Last year the decryption licensing outfit AACS launched a crackdown on DRM-circumvention software.
The company sued the makers of popular DVD ripping software DVDFab. It won a preliminary injunction based on the argument that the “DVDFab Group” violates the DMCA’s anti-circumvention clause, since their software can bypass DVD encryption.
Initially DVDFab did not respond to the court, so the order was entered by default. However, after the injunction was issued the company responded in the name of Feng Tao, with a request for the court to revise its earlier judgment.
One of the counterarguments DVDFab raised was that the DMCA’s anti-circumvention provisions don’t apply worldwide, and DVDFab was promising to no longer do business with U.S. customers.
“It is well-established that the Copyright Act doesn’t apply extra-territorially,” the company argued, asking the court to quash the injunction or limit it to the United States.
AACS contested the good intentions of DVDFab and showed the court that the software was still readily available to the U.S. public. According to AACS the circumvention software was still being offered and promoted though new domains and services.
For example, new circumvention tools and services were offered from TDMore.com, BluFab.com, Boooya.org, DVDFab.de, and FabImg.net, among others. To stop DVDFab from bypassing the court order, AACS asked for an updated injunction to cover these new products and domains.
This week District Court Judge Vernon Broderick ruled on the motions from both sides with AACS the clear winner
The Judge argues that DVDFab’s explanations for the continued offering of software in the U.S. are not credible so has ordered the seizure of several new domain names.
“Tao’s explanations for his continued trafficking of infringing products into the United States—the product is not his, the product was not created ‘primarily’ for AACS circumvention, or the product was not intended for U.S. users — is simply not credible. The record overwhelmingly demonstrates these statements are not true,” Judge Broderick writes.
The injunction bars DVDFab from distributing its software in public and allows AACS to seize seizure a wide range domain names. In addition, the company’s social media accounts are to be blocked and other services including online banks cut off as well.
While the Judge understands that the DMCA doesn’t apply in other countries he argues that, considering DVDFab’s conduct after the initial injunction, it will only be effective if it applies worldwide.
“It was not my intention to sweep within the Preliminary Injunction lawful conduct, i.e. entirely extraterritorial conduct. However, Defendant’s recalcitrant persistence in accessing the United States market makes clear to me that no more narrowly-tailored relief would be effective,” the Judge writes.
As a result DVDFab will lose control over TDMore.com, BluFab.cn, BluFab.com, Boooya.org, DVDFab.de, DVDFab.cn, FabImg.net, Woookao.cn, and Woookao.com which were found to be in violation of the DMCA. Two other domains, TDMore.cn and Boooya.com, were not added as there’s not enough evidence that they are operated by the software vendor.
There is no doubt that the broad injunction will severely impact the Chinese company. Aside from its domain names, the court also ordered payment processors to stop working with DVDFab, which will make it very hard for the company to sell its products anywhere in the world.
Emails Show Jeb Bush Coordinated With Florida Legislature for Favorable Primary Date
Emails obtained by The Intercept via a public records request reveal Jeb Bush closely coordinating with the Florida legislature to schedule Florida’s 2016 presidential primary in a way most favorable for Bush.
State Representative Matt Gaetz wrote to Bush on January 2nd that he is “concerned that Florida’s current primary date will lead to proportional allocation of delegates” and that a “winner take all” system would be preferable.
“Unless you ask me otherwise, I’ll file legislation to move our primary date back a week,” Gaetz told Bush, who responded to say that his political advisor Sally Bradshaw would give Gaetz a call. “10 4,” Gaetz shot back.
The email exchange had begun with Bush emailing Gaetz, the son of State Senator Don Gaetz, president of the Florida Senate in the previous session. Bush thanked the younger Gaetz for his “willingness to head to Iowa to go door to door,” adding, “Wow, what a generous offer! Happy New Year!”
The email exchange ended on January 3rd. But last week the primary arrangements proposed over email became a reality.
On Thursday, Gov. Rick Scott signed a bill that sets the date of Florida’s primary as March 15th, the first date on which states may award their full quantity of delegates on a winner-take-all basis under Republican National Committee rules. States scheduling primaries between March 1st and 14th must award delegates in proportion to the percentage of votes they receive or lose half their delegates, as Florida Republicans did in 2012.
As the Palm Beach Post noted, the bill appears to be a “a boon for U.S. Sen. Marco Rubio or former Gov. Jeb Bush, who both are considering a presidential run.” Such a front-loaded system often benefits establishment candidates with the most money to spend on television advertisements, as was the case with Mitt Romney in Florida in the 2012 race.
Florida, the state Bush governed for two terms, is perhaps the most important primary election for Bush in his expected quest to secure the GOP presidential nomination. Bush could lose the first few primary elections — which award delegates on a proportional basis — yet come out decisively in the lead in terms of delegates if he is able to win Florida’s winner-take-all primary, with its projected 99 delegates.
The New York Times recently reported that Bush’s political operatives have developed a confidential plan code-named “Homeland Security” to ensure victory in Florida for the primary and general election. The report notes that the Bush team intends to spend $50 million to secure support in Florida.
The Irrationality of Alcoholics Anonymous
Its faith-based 12-step program dominates treatment in the United States. But researchers have debunked central tenets of AA doctrine and found dozens of other treatments more effective.
“Satan was the first to demand equal rights”
In Knoxville, Tennessee, a Christian church put up what proved to be a controversial sign. The sign read, “Remember, Satan was the first to demand equal rights.”
And a shitstorm ensued, of course. Some people found this to be a swipe at gays seeking equal rights.I think, however, they’re looking at it the wrong way.
Lets look at Christian mythology with a critical eye. Who is this “God” character, and who is this “Satan” guy? Lets look at it with a little bit of a critical eye. So the first thing we need to remember is that the victors write the history books. So, you’ve got to look at the Bible as a piece of propaganda for the winning side.
So God apparently created everything. He created Tyrannosaurus Rex, which had arms too short to masturbate. Then, he created us, with arms long enough to play with our genitals, and hands that are pretty damn well suited to it. He gave us the capacity to feel pleasure, and he gave us the desire to chase it. He gave us a thirst for knowledge. He gave us a lot of great shit.
But, he demanded that we not use any of it, and he demanded that we love him.
Sounds like a sick bastard to me.
This God character sounds more like the psychological profile you’d get if you went to a high school, found the meanest 16 year old cheerleader, and told her that she had absolute power. Sorta like a North Korean dictator with serious cock size issues.
But, its even sicker than that.
He sticks the tree of knowledge right smack in the middle of the paradise he made for us, and then says “you can eat all this shit, pears, durians, blackberries, but I will fuck your shit up if you eat this fruit that cures your ignorance.”
He watches us all the time, like the NSA.
Oh, and he DEMANDS that we love him. If you don’t love me, I’ll burn your fucking ass forever and ever. That sounds more like a stalker than an omniscient being.
On the other hand, we have this Satan guy.
Maybe he’s not so bad after all.
Maybe he’s not so bad after all.
Satan likes us. Satan doesn’t mind if we enjoy ourselves. Satan doesn’t care if we love him or not. He’s there if we want him. Oh, and he suggests that maybe, just maybe, we ought to come out of the shadows of ignorance and eat from the tree of knowledge. From what I can tell from the mythology, Satan doesn’t watch us unless we request it. Opt-in surveillance, free will, enjoy yourself, and don’t be ignorant.
Does that sound like the bad guy to you?
New Zealand Spied on WTO Director Candidates
New Zealand launched a covert surveillance operation targeting candidates vying to be director general of the World Trade Organization, a top-secret document reveals.
In the period leading up to the May 2013 appointment, the country’s electronic eavesdropping agency programmed an Internet spying system to intercept emails about a list of high-profile candidates from Brazil, Costa Rica, Ghana, Indonesia, Jordan, Kenya, Mexico, and South Korea.
New Zealand’s trade minister Tim Groser was one of nine candidates in contention for the position at the WTO, a powerful international organization based in Geneva, Switzerland that negotiates trade agreements between nations. The surveillance operation, carried out by Government Communications Security Bureau, or GCSB, appears to have been part of a secret effort to help Groser win the job.
Groser ultimately failed to get the position.
A top-secret document obtained by The Intercept and the New Zealand Herald reveals how GCSB used the XKEYSCORE Internet surveillance system to collect communications about the WTO director general candidates.
XKEYSCORE is run by the National Security Agency and is used to analyze billions of emails, Internet browsing sessions and online chats that are vacuumed up from about 150 different locations worldwide. GCSB has gained access to XKEYSCORE because New Zealand is a member of the Five Eyes surveillance alliance alongside the United States, the United Kingdom, Canada and Australia.
Notorious Felon and Terrorist Has No Trouble Flying, Thank You Very Much
I don’t much like DHS, and I really don’t like TSA, but I’m cool with DHSOIG because it seems to be genuinely trying to get TSA to shape up, even if TSA just ignores it.
That’s the DHS Office of the Inspector General, which has released report after report pointing out TSA mistakes and buffoonery, my favorite of which is now OIG-15-45, “Allegation of Granting Expedited Screening Through TSA Pre[Check] Improperly [Redacted],” even if it is redacted. This is a remarkable document.
Here’s what happened (sorry if this is hard to read—the document appears to be “secured” against cutting and pasting):
Just to be clear, although the identity of Sufficiently Notorious Convicted Felon (hereinafter, “Felon”) has been redacted, the federal government believes this about him/her: “The traveler is a former member of a domestic terrorist group. While a member, the traveler was involved in numerous felonious criminal activities that led to arrest and conviction. After serving a multiple-year sentence, the traveler was released from prison.”
These criminal activities included “murder and offenses that involve explosives.” We know that because TSA concluded that Felon was not actually a member of TSA Pre[Check]. Or, at least, TSA did not find a record of this person applying to be a member. Nor was Felon just in the Pre[Check] lane because they weren’t busy or something like that; Felon’s boarding pass actually had Pre[Check] marking on it, including an encrypted barcode. It appears, although most of the relevant stuff is redacted, that Felon was somehow cleared through the Secure Flight program, which allows such people to print their own boarding passes.
Exactly how this happened is, of course, redacted, but may have to do with the various “no-fly lists.” I infer that from the fact that OIG made a recommendation that had to do with these lists (the recommendation itself is redacted), and TSA told it to get lost. Had the relevant intelligence/law-enforcement communities felt this person was a risk, TSA responded, they’d have put him/her on a list (so this person clearly was not on such a list). So it’s the list-makers’ fault, according to TSA.
The Foilies Round 4: Retaliation and Consequences
Open government advocates file requests for public records because it’s not only our right, but our duty as citizens to find out what the government is doing in our name, how officials are spending our tax dollars, what kinds of mistakes they’re making, what problems our communities face, and how we can improve society through policy changes.
Unfortunately, some public officials interpret transparency as a threat, best answered not with documents, but intimidation, insults, and other forms of retaliation.
In this fourth and final round of The Foilies—EFF’s Sunshine Week “awards” for outrageous experiences in pursuing public records—we’re focusing on how government agencies (and one rock star) lashed out at citizens and journalists for attempting to unearth unflattering truths. We’ll also cover a few cases where that behavior had consequences.