Tag: court

11
Oct
2020
Posted in software

Qld scammers in court over software scheme

Four Gold Coast scammers ran a cold and heartless enterprise selling ineffective sports betting and investment software, fleecing victims of their savings and superannuation.

Aaron Colin East, his brother Daniel Alan East and Stiofan Ceitinn have admitted to two counts of fraud, while co-accused Theresa Faye Merlehan pleaded guilty to one fraud charge.

The four planned the cold-call scam in a systematic and thorough fashion, crown prosecutor Greg Cummings told a Brisbane District Court sentencing hearing on Monday.

It was a “cold and heartless enterprise” that took from vulnerable people with no prospect of them getting their money back, he said.

The court heard the three men each made up to $300,000 through the scheme.

The scammers compiled an 80-page “spiel book” for sales employees, anticipating questions about the software being sold.

Call centre staff used false names and at times pretended to be in an office in Adelaide that did not exist.

They said potential customers could make $60,000 to $80,000 a year by spending up to 15 minutes a week using software. But this was “complete fiction”, according to the prosecution.

Mr Cummings said there was no altruistic motivation for the fraud. Their desire to make money was at the heart of the scheme.

Some victims lost their superannuation, some their savings and “some if not all all lost their self-esteem”, he said.

The hearing continues.

Source Article

07
Oct
2020
Posted in technology

Paris court to rule on talks

A Paris appeals court is to rule Thursday on whether France’s competition authority overstepped its jurisdiction in ordering Google to negotiate with media groups in a dispute about digital copyright.

The ruling comes as it was announced the US firm had made progress in those talks, and that it could be on the verge of making EU digital copyright payments to some media groups for the first time.

The keenly awaited ruling is the latest chapter in a long-running fight with European news companies demanding payment for content displayed in Google search results.

The US internet giant has refused to comply with an EU law requiring it to compensate the press for content displayed on its search engine.

Google has said that articles, pictures and videos will be shown in search results only if media groups consent to let it use them for free.

The company argues that news companies benefit in return by receiving millions of visits to their websites, while news companies have pointed out that Google makes millions from ads displayed along with news search results.

But late on Wednesday Google and French newspapers announced they had hammered out the main points of a deal that includes payment for displaying news content in search results.

In 2019, France became the first country to ratify and apply the copyright law adopted by the European Parliament that includes so-called neighbouring rights that include the use of news in search results.

– ‘Good faith’ –

AFP and other media groups lodged a complaint against Google with France’s competition regulator last November, claiming the company was not negotiating in good faith to settle the dispute.

In April, the competition authority ordered Google “to conduct negotiations in good faith with publishers and news agencies on the remuneration for the re-use of their

07
Oct
2020
Posted in software

Today’s Supreme Court Hearing On A $9 Billion Case Involving Oracle And Google Could Reshape The Software Industry

In a landmark moment in the history of the U.S. software industry, the Supreme Court held a hearing today on a long-running legal dispute that pits tech giants Oracle and Google against one another.

The case centers around whether or not a key foundation of today’s increasingly software-driven economy—blocks of code known as “application programming interfaces”, or APIs—is subject to copyright protection. Oracle claims Google infringed copyright when it used elements of the Oracle-owned Java programming language to build its Android operating system, which now powers billions of smartphones and other devices. Google denies the claim, which involves about 11,500 lines of code out of millions of new lines that it wrote to create Android. The two companies have been battling one another in the courts for over a decade, with Oracle demanding $9 billion in compensation.

The outcome of this epic legal fight matters because APIs, which enable different software applications to talk to one another and swap information, are essential for building larger systems. Developers at startups and large companies have been copying them for free for years and using them to knit together complex tapestries of applications that power online commerce platforms, advanced manufacturing facilities and other elements of modern digital economies.

If the Supreme Court ultimately rules Google did infringe Oracle’s copyright when it copied the Java APIs in question, it could trigger a tsunami of litigation as other companies seek payments for their APIs too. Google’s supporters, which include Microsoft and IBM, argue this will prove a costly headache for many companies. Some fear it will also have a chilling effect on startups and further boost the immense power of cash-rich tech platforms—including, ironically, Google itself—that are already under intense political and regulatory scrutiny.

“Huge corporations like

07
Oct
2020
Posted in technology

What Is Fair Use? Google vs. Oracle Brings Decade-Long Copyright Battle To Supreme Court

KEY POINTS

  • Oral arguments were held before the Supreme Court over the copyright case between Oracle and Google
  • Google stands to pay Oracle nearly $9 billion for 11,000 lines of code in Android software if the court rules in Oracle’s favor
  • Big tech is throwing in behind Google while media and entertainment companies and the Trump administration is backing Oracle

The Supreme Court faces upending the tech industry by determining whether Google stole code from Oracle in building its Android operating system in a case that could redefine the meaning of the fair use doctrine. All eight justices on Wednesday grilled the tech giants’ legal teams as well the U.S. deputy solicitor general in a potentially far-reaching case.

Google said its incorporation of 11,500 lines of Oracle Java code constitutes fair use, while Oracle argued the action violated its ownership rights. The lawsuit has been working its way through the courts for a decade with Oracle claiming it is owed $9 billion for use of its code.

Google attorney Thomas Goldstein said Google used only the parts of the code that could not be changed but had originated the rest. Oracle attorney Joshua Rosenkranz said Google had other options, even if they were more expensive.

“The Copyright Act does not give Google a pass just because it would be expensive to recreate our expression,” Rosenkranz said.

Along with Microsoft, tech companies like Mozilla and IBM threw their support behind Google by arguing tech companies need the freedom to build new programming platforms without worrying about licenses and copyrights.

Several news outlets, entertainment companies and the Trump administration, however, put their weight behind Oracle, arguing these industries rely on the enforcement of strong copyright laws.

“We are told if we agree with Oracle we will ruin the tech industry in the

07
Oct
2020
Posted in software

Supreme Court weighs the future of software in Google-Oracle case

The Supreme Court justices appeared highly aware Wednesday that their decision in a copyright dispute between Google and Oracle could have far-reaching consequences for Silicon Valley, but after an hour and a half of arguments it was not clear which company’s dire warning they most seemed to believe.

Each of the court’s eight justices grilled attorneys representing Google and Oracle, as well as the U.S. deputy solicitor general, in a case that could upend the tech industry’s understanding of who owns small but essential chunks of code that allow different programs and platforms to connect.

Questions for Google: The justices lobbed some of their toughest questions at Google’s attorney, Tom Goldstein, scrutinizing his argument that Google copied code from Oracle because it had no other option. Google has asserted that the code is necessary for developers to create applications for its Android operating system and that these application programming interfaces, or APIs, are widely used without a license.

“Cracking the safe may be the only way to get the money that you want but that doesn’t mean you can do it,” Chief Justice John Roberts said.

Roberts added that when the code in question was first created by Sun Microsystems and later acquired by Oracle, there was more than one way to write it. He and several other justices surmised Google copied Oracle’s code because it was already popular with developers and more expedient than writings it own.

Justice Neil Gorsuch said, “The argument strikes me very much as, ‘I wish to share the facilities of a more successful rival because they’ve come up with a particularly elegant, or efficient, or successful highly adopted solution in the marketplace,’ and ride on their innovation.”

Questions for Oracle: Oracle’s attorney, Joshua Rosenkranz, pushed the idea that declaring it legal to copy