Court says Facebook nude painting case can be tried in France

PARIS A French court ruled on Friday that a case against social networking company Facebook over a painting of a nude woman can be tried in France, rejecting Facebook's argument that it is governed by Californian law.Facebook blocked the account of a French professor and art lover after he uploaded a picture of Gustave Courbet’s 1866 canvas 'The Origin of the World', which shows a close-up view of female genitals.The Paris Appeal Court's decision upheld a lower court ruling in March 2015 that a clause in Facebook's terms of agreement signed by users was 'abusive' in reserving exclusive rights to a California court to hear disputes. Facebook, based in Palo Alto, California, had appealed against a Paris High Court's authority to hear the case but the appeal court said Facebook's claim was inadmissible.Facebook said French courts were not competent to handle the case and that the contract with the user was "not a consumer contract because Facebook's service was free." But a High Court judge ruled in 2015 that, "if the proposed service was free to the user, Facebook was generating significant profits from the business, including via paid applications, advertising and other resources." (Reporting by Gerard Bon; Writing by Bate Felix; Editing by Alister Doyle/Ruth Pitchford) Read more

TripAdvisor's profit beats estimates, shares jump

Travel review website operator TripAdvisor Inc reported a quarterly profit that beat analysts' estimates, as the company earned more from display ads and subscriptions. The company's shares rose 10.4 percent to $60 in premarket trading on Thursday. TripAdvisor, which owns websites such as Tripadvisor.com and Oyster.com, said display ads revenue rose 17 percent and subscription revenue jumped 23 percent in the fourth quarter ended Dec. 31.However, click-based advertising revenue, its biggest, fell 1 percent. The company during the quarter accelerated the roll out of its instant booking feature to more countries. The feature, launched in 2014 in the United States and UK, allows travelers to book a hotel directly from the company's website instead of being directed to a third-party booking site.The company's net income fell to $3 million, or 2 cents per share, from $36 million, or 25 cents per share, a year earlier. (bit.ly/1RsuR44) Excluding items, TripAdvisor earned 45 cents per share.Total revenue rose 7.3 percent to $309 million. Analysts on average had expected quarterly earnings of 33 cents per share and revenue of $298.7 million, according to Thomson Reuters I/B/E/S. (Reporting by Ankit Ajmera in Bengaluru; Editing by Sriraj Kalluvila) Read more

Pirates rest easy (for now): The Dallas Buyers Club court case is over

Australians who illegally downloaded the 2014 Matthew McConaughey film Dallas Buyers Club no longer have to worry about getting a threatening letter in the mail. On Wednesday, lawyers for Dallas Buyers Club LLC (DBC) and its parent company, the film studio Voltage Pictures, confirmed they would no longer be pursuing the matter. Michael Bradley, managing partner of the firm that represented DBC, MARQUE Lawyers, told Mashable Australia over email DBC would not be filing an appeal in the current proceedings. "I can't say what actions they may take in the future in respect of the underlying copyright infringements," he added. See also: U.S. safety regulators: Google's self-driving systems qualify as drivers The high-profile case began in 2014, when DBC applied to the Federal Court, asking that six Australian internet service providers (ISP) give up the names and contact details of 4,726 people it suspected of illegally downloading the movie. Perth-based ISP iiNet fought back, resulting in a court case that has dragged on for almost 17 months. In April 2015, it looked like the movie studio might have a win on its hands. Justice Nye Perram ruled the ISPs would be forced to hand over the pirates' details, but with a number of caveats. For one, he wanted to sight in advance the letters that would be sent to suspected pirates to rule out "speculative invoicing," where companies demand thousands of dollars in compensation for illegal downloads, often scaring those who receive them into settling out of court. After going back and forth with the legal parties about the content of the letter, Justice Perram threw another hurdle at DBC: He ruled the company would be required to pay a A$600,000 bond before it could have access to the alleged pirates' details. DBC tried to have the amount lowered before it threw in the towel. The case never got beyond the discovery phase — when a plaintiff requests help from the court in identifying the persons it wishes to sue. For this reason, it's unclear whether DBC would have been able to prove its case against suspected pirates if they chose to go to court. Matthew Rimmer, a professor of intellectual property at the Queensland University of Technology, told Mashable Australia over email he thought Justice Perram had been "astute, thoughtful, and careful" in his management of the Dallas Buyers Club case. "He has shown the wisdom of solomon in his efforts to balance the various interests of copyright holders, internet service providers, and internet users," he said. According to Rimmer, the case was a valuable contribution to Australian copyright jurisprudence, particularly in the way it dealt with legal procedure, consumer rights and the treatment of Internet intermediaries such as iiNet, as well as privacy. "The Dallas Buyers Club case will seen as an important precedent and test case, which will be useful to make sense of all the new policy developments coming our way," he said. Rimmer also pointed out the case took place as the government, then led by Prime Minister Tony Abbott, pushed for two controversial new copyright polices: A new three-strike code against copyright infringers and a site-blocking bill aimed at online entities considered to be encouraging illegal downloads. "It will be interesting to see how the new Prime Minister Malcolm Turnbull deals with copyright law—given his commitment to promoting innovation and competition," he said. Have something to add to this story? Share it in the comments. Read more

Snug as a bug: the hated cockroach inspires a helpful robot

WASHINGTON People use a lot of words to describe the reviled cockroach: disgusting, ugly, sneaky and repulsive, to name a few. But it may be time to add a surprising new one: inspirational.Scientists said on Monday they have built a small search-and-rescue robot, inspired by the ability of cockroaches to squeeze through tiny crevices, designed to navigate through rubble to find survivors after natural disasters or bombings."We feel strongly that cockroaches are one of nature's most revolting animals, but they can teach us important design principles," University of California, Berkeley integrative biology professor Robert Full said.Using a specially built obstacle course, the researchers observed how cockroaches scurried in less than a second through crevices smaller than a quarter of their height by compressing their jointed exoskeletons in half.Once inside the crevice, the cockroaches managed to move rapidly, at nearly 20 body lengths per second, with their legs splayed completely out to their sides. "If you scale it up to the size of a human, it would be equivalent to about 70 miles per hour (113 kph), over twice the speed of the fastest sprinter," said Harvard University biologist Kaushik Jayaram, who worked on the research while at UC-Berkeley.The researchers said the cockroaches were about a half inch (13 mm) tall when they ran freely, but compressed their bodies to about a 10th of an inch (2.5 mm) to get through cracks. Experts have been studying animal locomotion in order to invent robots that can maneuver in tough environments. For example, sidewinder rattlesnakes inspired a serpentine robot."Nature has a library of design ideas. This diversity enables discovery. You never know where basic research will lead. The most important discoveries are often from the most unexpected creatures, some of which are disgusting," Full added.The observations involving the species Periplaneta americana, the American cockroach, inspired the design of a prototype soft-bodied, multi-legged robot called CRAM (Compressible Robot with Articulated Mechanisms) that in the future could be used in swarms to help locate survivors in collapsed structures. The simple and inexpensive robot, 7 inches (18 cm) long, 3 inches (7.6 cm) tall and weighing 1.6 ounces (46 grams), was constructed using an origami-like manufacturing technique, Jayaram said. It can reorient its legs and compress its body like a cockroach to get through "vertically confined spaces," Jayaram added.The research was published in the journal Proceedings of the National Academy of Sciences. (Reporting by Will Dunham; Editing by Sandra Maler) Read more

Imagination Tech CEO steps down; warns of operating loss

LONDON Imagination Technologies, a supplier of graphics technology to Apple, said its chief executive ‍Hossein Yassaie had quit, departing as the British company warned it would make an operating loss this year.Non-executive director Andrew Heath had been appointed interim chief executive, the company said on Monday, adding that it would take steps to cut operating costs, including the sale of its loss-making digital radio business Pure.Shares in Imagination, which licenses its graphics and video processing technology to semiconductor companies, have slumped by more than 80 percent since 2012 as it struggled to ease its reliance on the iPhone and iPad maker. They fell as much as 16 percent in early trade on Monday to 108 pence, giving the group a market capitalization of 300 million pounds ($436 million).The company, which counts Apple as an investor, said the market slowdown it saw in December had persisted, and had been reinforced by uncertainty about trading prospects with China. It also said royalties from some key customers had fallen short of expectations in the final quarter of 2015, and license sales were also disappointing.Apple reported its slowest-ever increase in iPhone shipments last month and forecast its first revenue drop in 13 years. Its rival Samsung Electronics has also warned of softer sales of gadgets such as smartphones.Imagination chairman Bert Nordberg said "trading conditions continued to be very demanding", as the group said it expected to report an operating loss for the year to end-April. Analyst had expected an operating profit of 8.85 million pounds, according to Thomson Reuters data.Yassaie took steps to widen Imagination's product line up by buying the MIPS processing platform in 2012 for $100 million, but heavy investment has not paid off in customer orders. He also persevered with its Pure digital radio business, despite it repeatedly failing to break into the black. The company said on Monday it would sell Pure and reduce total operating costs by 15 million pounds in its next financial year by focusing on its core multimedia product.Yassaie, who was knighted by Britain three years ago for services to technology, said he was proud of helping build Imagination from small beginnings into a leading provider of graphics processors."It's now time for someone else to lead this great company," he said. (Editing by Kate Holton; editing by Adrian Croft) Read more

Older Post