Monthly Archives: July 2017

Are Google Piracy Links Protected by the First Amendment? – Digital Music News

Posted: July 28, 2017 at 6:54 pm

Last month, Digital Music News reported on a controversial court ruling against Google. The Canadian Supreme Court ordered the search giant to remove specific piracy links not just in Canada, but worldwide. Now, Google has fought back, this time in a California courtroom.

In 2014, a Canadian court ruled that Google would have to remove a Canadian firm from its search results. Through Equusteks ex-employees, Datalink Technologies illegally sold their competitors products. Employees would set-up sites indexed on Google to sell the goods, sharing a strong percentage with Datalink.

After losing the initial court battle in British Columbia, Google filed, and subsequently lost, multiple appeals. Last month, the Canadian Supreme Court ruled against the search giant. It determined that Google was a determinative player in harming Equusteek.

The high court ruled that the search giant would have to de-index links from its search engine worldwide.

Now, Google has fought back. The search giant filed an injunction on Monday with the US District Court for Northern California. Digital Music News has obtained the documents.

Google filed the injunction to prevent enforcement of the Canadian ruling in the United States. It believes that the Canadian Supreme Court has compelled the search engine to wrongfully censor its information.

The Canadian trial court recognized that Google is an innocent bystander to the case. Nevertheless, it issued a novel worldwide order against Google, restricting what information an American company can provide to people inside of the United States and around the world.

Lawyers for the company claim that the court singled out Google, while leaving other search engines alone. They claim that people can still find links to the infringing sites through Yahoo and Bing.

In the complaint, lawyers for the company claim that Google is not the internet. It doesnt have the power to take down sites, as the ruling would suggest. Yet, the Canadian Supreme Court only found the search engine liable, leaving alone other websites.

Google is not the internet. The vast majority of internet websites are hosted by and operated through service providers other than Google. The entities with the technical ability to remove websites or content from the internet altogether are the websites owners, operators, registrars, and hostsnot Google.

Lawyers for the company laid out three causes of action.

In the first, the First Amendment protects search engine results. The complaint reads,

Enforcing the Canadian ruling in the United States would violate the companys First Amendment rights. The Canadian ruling, claims Google, furthers no compelling interest (nor a substantial interest). The existence of Datalinks search engine results remain a matter of public record.

Equustek has filed a claim only against the search engine; it has yet to file claims against Bing and Yahoo. It also hasnt gone after third-party websites that prominently display the infringing links, including social media and press websites. Equustek also hasnt filed a claim to stop the sale of Datalink products on Amazon.

For the second cause of action, Google cites the Communications Decency Act. This act provides clear legal immunity to providers of computer services for content on their services created by others. The Communications Decency Act reads,

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

Equusteks initial filing is grounded in Canadian trade secret law, not US federal intellectual property or trade secret laws. Therefore, it cant enforce the order against Google in the United States. Once again, enforcement of the ruling will cause the search giant irreparable injury absent injunctive relief.

For the third cause of action, the search giant claims that enforcement of the ruling trespasses on comity. Siding with Google, the Canadian Attorney General said that the order constitutes an impermissible exercise of extraterritorial enforcement jurisdiction. The Canadian Supreme Court disregarded this statement, however. Instead, it declared that the Internet has no bordersits natural habitat is global. By saying this, the high court justified its global injunction against the company.

Equusteks counsel argued on the same principle.

Google calls the Canadian order repugnant to US public policy surrounding the First Amendment. The First Amendment gives the search giant immunity against imposing liability. Once again calling the order repugnant, the company claims that the high court singled it out. It issued an order against an innocent non-party for the sake of convenience.

Continuing on, lawyers claim,

Canadian courts failed to extend proper comity to the United States. Thus, the United States does not need to defer the order.

Google requests that the US District Court rule the Canadian order unenforceable in the United States. It also wants the court to issue a ruling in Googles favor and against the defendants, Equustek. Finally, lawyers want the court to grant the company preliminary and permanent injunctive relief from further enforcement.

You can read the injunction below.

Image by Ed Uthman (CC by 2.0)

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The Left’s War on the First Amendment – FrontPage Magazine

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FrontPage Magazine
The Left's War on the First Amendment
FrontPage Magazine
Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is an investigative journalist and writer focusing on the radical left and Islamic terrorism. Once upon a time there was a liberal media. Like most left-leaning institutions it ...

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AMD: Cryptocurrency Mining Isn’t ‘A Long-Term Growth Driver … – CoinDesk

Posted: at 6:52 pm

Chip maker AMD has seen its sales buoyed in recent months by big demand for graphics cards by cryptocurrency miners.

According to its latest financial report, AMD recorded $1.22 billion in revenue duringthe second quarter of 2017, up 19% compared to the same period last year. This increase, the company said, is being spurred "by higher revenue in the computing and graphics segment."

Yet cryptocurrency mining isn't part of its long-term strategy for growth, accordingto Lisa Su, the firm's president and CEO, who remarked on the phenomenon during a Q2earnings call this week.

However, that state of affairs could change depending on how the situation progresses in the months ahead.

Su said during the call:

"Relative to cryptocurrency, we have seen some elevated demand. But it's important to say we didn't have cryptocurrency in our forecast, and we're not looking at it as a long-term growth driver. But we'll certainly continue to watch the developments around the blockchain technologies as they go forward."

Mining is an energy intensive process by which new transactions are added to a blockchain. In return for adding a new blocks, miners are awarded with new tokens, with the profits being derived from the difference between the energy expended and the prevailing exchange rate of those tokens.

Much of the demand for graphics cards, or GPUs, is being driven by ethereum miners. Bitcoin mining, by comparison, is accomplished through special-purpose computers designed for that singular purpose.

Graphics cardsimage via Shutterstock

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Secretive Cryptocurrency Hedge Fund Metastable Examined – Bitcoin News (press release)

Posted: at 6:52 pm

Fortune has published an examination of a secretive cryptocurrency hedge fund that is backed by some of Silicon Valleys top venture capital firms. The fund was co-founded by Naval Ravikant, Joshua Seims, and Lucas in 2014, and has produced returns of over 500%.

Also Read:Hedge Funds Are Quietly Investing in Bitcoin

Metastable Capital is a cryptocurrency hedge fund that has attracted investment from many top venture capital firms despite largely shunning publicity since its inception in 2014. Metastable was co-founded by Angellist CEO, Naval Ravikant, cryptography expert, Lucas Ryan, and former angel investor, Joshua Seims.

Fortune has reported that Andreessen Horowitz, Sequoia Capital, Union Square Venture, Bessemer Venture Partners, and Founders Fund are among Metastables major investors all of whom participated in Polychain Capitals fundraiser earlier this year.

Metastable takes a long term perspective when assessing the markets, aiming to invest in projects that it expects will be profitable over the course of at least a decade. Theres a handful of, say between five and 10 of these major use cases that could be trillion-dollar blockchains, Seims told Fortune. Its all very long-term focused, and we think were in super early days right now. It really comes down to which do we think is the strong enough technology, that we think can win.

Metastables website describes two funds offered by the firm, Metastable Balanced, and Metastable Edge. The Balanced fund seeks to take a value-investor approach to investing, guided by deep technical understanding of the protocols to select a portfolio that we believe will deliver the greatest returns, holding a large portion of bitcoin, in additional to several smaller sized positions in major altcoins. Edge is designed for investors that already have substantial Bitcoin holdings, and holds ETH and a variety of smaller coins from more recent ICOs, although the ETH portion fluctuates based on whether we believe that the value from new coins is going to accrue to the new coin or to ETH.

Metastables flagship cryptocurrency hedge fund has yielded impressive performance throughout 2017. At present, Fortune asserts that Metastables Balanced fund is invested in approximately a dozen different markets, including bitcoin, ethereum, and monero of which it is reported to own roughly 1% of total supply. During mid-March, Metastable reported returns of 539%, however, since March, bitcoin, monero, and ethereum have more than doubled prompting Fortune to estimate Metastables returns since inception are greater than 1,000%. On June 23 it is alleged that Metastable reported total assets of $69 million.

Metastable requires a minimum investment of $1 million, and charges a 2% management fee and a 20% performance fee.

Do you think that cryptocurrency funds will continue to out perform mainstream hedge funds in coming years? Share your thoughts in the comments section below!

Images courtesy of Shutterstock and Wikipedia

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Moroccan Police Arrest Alleged Cryptocurrency Investment Charlatan – ETHNews

Posted: at 6:52 pm

News world

An unidentified source reported that Moroccan authorities have arrested Renwick Haddow, a British man charged with securities fraud in the United States. The US SEC alleges that Haddow, a former New York resident, solicited investors for a non-existent bitcoin trading platform, duping them out of their money.

According to an unidentified source, on Wednesday, July 26, 2017, Moroccan police in Tangiers arrested Renwick Haddow, a man charged with securities fraud by the US Securities and Exchange Commission (SEC). After appearing before the public prosecutor in Tangiers, Haddow was taken to a prison in Sal, close to the Moroccan capital, Rabat. The Moroccan Court of Cassation will consider his extradition.

On June 30, 2017, the SEC filed charges against Haddow, accusing him of failing to register his firm as a broker-dealer and creating front companies for an investment scam. Haddow solicited investors for two fake companies, Bitcoin Store, a purported bitcoin trading platform, and Bar Works, a flexible workspace firm.

According to Andrew M. Calamari, director of the SECs New York Regional Office, Haddow created two trendy companies and misled investors into believing that highly-qualified executives were leading them to quick profitability.

The SEC alleges that these executives never existed. The SEC further asserts that Haddow siphoned approximately $5 million using the front companies Bar Works and Bitcoin Store, and diverted the funds to offshore accounts in Mauritius and Morocco.

It appears that Haddow exploited bitcoins name to solicit investors chasing terrific returns. The charges against him, however, are not related to the SECs recent report on token offerings and securities.

Over the next few years, for every successful token offering and subsequent powerhouse company, there may be a handful of companies that will falter. In the cryptocurrency community, its vital to distinguish between classic cases of financial fraud (like Haddows) and actual companies that fail to deliver on their promises.

Matthew is a writer with a passion for emerging technology. Prior to joining ETHNews, he interned for the U.S. Securities and Exchange Commission as well as the OECD. He graduated cum laude from Georgetown University where he studied international economics. In his spare time, Matthew loves playing basketball and listening to podcasts. He currently lives in Los Angeles.

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Washington’s New Cryptocurrency Exchange Rules Are Now in Effect – CoinDesk

Posted: at 6:52 pm

New regulations for cryptocurrency exchanges have gone into effect in the U.S. state of Washington.

Following the passing of Senate Bill 5031 into law at the weekend, the state's money transmitter laws now apply to exchanges, meaning that they need to obtain a license fromthe Washington State Department of Financial Institutionsand must provide a third-party audit of their data systems.

Among other requirements, the law also mandatesa new transmitter bond requirement, with the figurebeingtied to the amount of currency exchanged during the previous year.

Lawmakers finalized the measure in April, sending it to the desk of Gov.Jay Inslee, who signed it days after work on the bill was completed. According to public records, the law went into effect on Sunday, July 23.

As CoinDesk haspreviously reported, lawmakers in the western U.S. state have been working since January to develop regulations for exchange startups.

The bill's passage wasn't without controversy, however. Cryptocurrency exchanges Poloniex and Bitfinex declared that they would would stop serving customers there, citing the new regulations.

At the same time, startupssuch as New York-based exchange Gemini moved in the opposite direction, obtaining approval to begin serving customers in the stateearlier this year.

Washington State Capitol imagevia Shutterstock

The leader in blockchain news, CoinDesk is an independent media outlet that strives for the highest journalistic standards and abides by a strict set of editorial policies. Have breaking news or a story tip to send to our journalists? Contact us at [emailprotected].

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Cryptocurrency ICOs Are Making Bitcoin Startups Richer than VCs Ever Did – Fortune

Posted: at 6:52 pm

When initial coin offerings emerged as a new way for startups to raise money a few months ago, there was much speculationand some doubt about whether the cryptocurrency crowdfunding method could disrupt or even replace the traditional venture capital industry .

Now, the early numbers are in, and there is no question that ICOs , an unregulated form of fundraising by which companies can sell their own form of digital currency or tokens to investors, are winning this race, at least in the blockchain industry.

ICOs have now raised nearly four times as much money as bitcoin companies raised in venture capital dollars so far this year. Thats according to PitchBook, which tallied up the latest numbers: ICOs have raised almost $1.3 billion in 2017 so far, while only about $358 million in traditional VC money went to blockchain startups over the same period.

And that's at a time when venture capital is booming among blockchain companies. Last quarter was the best quarter for blockchain and bitcoin VC funding on record, more than doubling the amount raised in the first quarter and up 89% year over year, according to CBInsights.

But ICOs are growing much faster, having already raised almost six times as much this year as they raised in all of 2016.

Now, a fundraising method that you likely had never heard of until a few months ago is on track this year to exceed all prior VC investment in blockchain, which has totaled a cumulative $1.7 billion over the past eight years, PitchBook says.

To underscore just what a whirlwind trend this has become, even entrepreneurs doing their own ICOs are astonished by the craze.

At a panel discussion hosted by BlockchainDriven Thursday night, Morgan Hill, an investor at Attis Capital, announced that he was launching a new cryptocurrency hedge fund called AxionV in August. But unlike the crypto hedge fund startup MetaStable , which recently received funding from Sequoia, Andreessen Horowitz, Founders Fund, Union Square Ventures and Bessemer Venture Partners, AxionV has a different plan. It will do an ICO itself, targeting a $30 million fund, which it will then use to invest in other ICOs, Hill said.

He also told a story of another hedge fund manager in London who was planning to launch an ICO of a company that aims to put the entire Quran online, and use the new cryptocurrency to compensate people who contribute to the digitization of the religious text. Hills take: The first thing I thought was, this is categorically insane.

He later came around, he said, acknowledging religion is a very important piece of information and that the project actually does provide a huge value.

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Sony’s a7S II stuns with 4K footage from outside the International Space Station – TechCrunch

Posted: at 6:49 pm

Sonys lineup of full-frame mirrorless cameras is impressive, and have become a staple for videographers and photographers worldwide. But now, the a7S II has gone beyond just our world, capturing amazing 4K footage from outside the International Space Station.

The a7S II was mounted on the ISS on the KIBO Japanese Experiment Module created by the Japan Aerospace Exploration Agency (JAXA), Japans space agency, after the organization determined that it was durable and reliable enough to survive outer space conditions, including vacuum, radiation and extreme temperature swings of up to almost 400 degrees Fahrenheit depending on whether the camera is oriented towards the sun or not.

The surprising thing about the a7S IIs environmental resistance is that its basically unmodified JAXA says theres a radiator and a heater built in to its mounting hardware to help with the temperature variance, but that the cameras hardware itself is almost untouched.

JAXAs original plan was to use an a7S on the external mount, but they swapped in the a7S II in their plans in 2016 because of its ability to record 4K video internally. The high sensitivity full-frame sensor, which works great in low light situations, also makes possible excellent night shooting, whereas the system its replacing didnt work at all in nighttime conditions.

The camera will also be used to capture stills, which JAXA says will be better for applications like comparing changes in the color of oceans and forests over time because of its improved tone reproduction vs. video. But the video capture is super interesting for docking operations, or for recording mesmerizing clips like those above.

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Webster’s NanoRacks expands its role in commercial space – Houston Chronicle

Posted: at 6:49 pm

Photo: Steve Gonzales, Staff

Webster's NanoRacks expands its role in commercial space

An airlock destined for the International Space Station sat near the bottom of a 40-foot pool as astronauts hoisted bulky suits around its curvatures. NASA was testing the station's first complex fixture - an element that could one day be attached to a commercial space station - that is privately owned.

"If we're going to see an economy develop in low-Earth orbit the commercial sector has got to be able to provide and operate things like this," said Mike Read, manager of the International Space Station's commercial space utilization office.

That's the goal of Webster-based NanoRacks, which has evolved from getting experiments on the space station to developing an airlock that will help deploy satellites. Ultimately, NanoRacks hopes its roughly $12 million airlock will be detached from the government-owned space station and reattached to one that is commercially owned and operated.

"The goal of this is to continue to build the marketplace so there's more commercial users of ISS," said Brock Howe, NanoRacks' project manager for the airlock. "And then, at the point when the government is ready to retire the big space station, there are a lot of people using it that can then justify the price of having a commercial space station."

Read said the test in NASA's Neutral Buoyancy Laboratory in late June was standard for any new element being attached to the space station. NASA astronauts were testing handrail placements to ensure they could maneuver around the airlock during space walks.

To read this article in one of Houston's most-spoken languages, click on the button below.

This is just one of many tests the airlock will undergo before May 2019 when it's scheduled to hitch a ride to the International Space Station on the SpaceX Dragon.

"It's a big step for us to turn over operation of something as critical as an airlock," Read said.

NanoRacks and NASA signed a Space Act Agreement in May 2016 to begin development of the airlock. Nine months later, NanoRacks selected Boeing to develop the critical seal that connects the airlock to the space station. This device, called a Passive Common Berthing Mechanism, is essential for pressurizing the unit.

The airlock is about eight feet in diameter and will be five times larger than the space station's existing airlock. The existing airlock, in the Japanese Experiment Module, has a door for loading satellites and another door for ejecting them into space. NanoRacks' airlock will have only one hatch.

Astronauts will go inside the NanoRacks airlock while it's pressurized and arrange satellites. Once they leave, air is sucked out and the space station's robotic arm disconnects the airlock from the space station. The airlock is positioned away from the space station, and then satellites are deployed.

This design will allow NanoRacks to deploy larger satellites or several smaller satellites simultaneously. NASA will operate the robotic arm, and NanoRacks will deploy the satellites from its office in Webster.

"One of the big savings that NASA likes a lot is it will reduce crew time," Howe said. "Crew time is one of the most precious resources they have on station."

Payloads can also be attached to the airlock's exterior to hold experiments or cameras taking pictures of Earth.

Howe expects the airlock will be used four to six times a year, though that could change depending on demand.

"It's really going to be governed by the commercial marketplace," Howe said. "So if people want to use it, and scientists and experimenters want to use it, I think we will be able to use it more often. Because that's what ISS is trying to do. They're trying to embrace users of the space station."

Marco Caceres, senior analyst and director of space studies for Teal Group, said the company found "novel ways to make money in space, to make use of an incredible asset." Some people believe the space station hasn't been used to its fullest potential, and companies like NanoRacks could help change that.

Yet most commercial space efforts aren't focused on the space station, he said. Companies are more focused on launch vehicles and satellites because those are more obvious money makers. The space station could have an advantage if it provides a cheaper avenue for deploying satellites, Caceres said.

NanoRacks has found it is cheaper from the space station because it costs less to ride on a rocket bringing other cargo to the space station than on a rocket being launched solely for the satellites, Howe said.

NanoRacks must have 90 percent of the airlock's design completed by late October. It has already begun fabricating some parts, but that will pick up after October. NanoRacks is considering two vendors along the East Coast, and then those pieces will be shipped to Webster for assembly in NanoRacks' clean room.

"For NanoRacks to land that deal and to be able to accomplish what they've accomplished to date speaks volumes for this area and speak volumes for the commercial space industry," said Bob Mitchell, president of the Bay Area Houston Economic Partnership.

Looking ahead, NanoRacks is part of a team studying if rocket upper stages could be converted into space habitats. An upper stage is part of the rocket engine that is discarded in space after all of the fuel has been used.

Using these rocket components could be a more affordable way to create a commercial space station compared with building modules on the ground and launching them into orbit.

Ultimately, Howe said, NanoRacks wants to be involved if a commercial space station comes to fruition.

"Building a commercial space station will not be easy," he said. "There's lots of challenges ahead of the team to get that done. And we will see if the space industry can rise to the occasion and make it happen."

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Want to see the International Space Station over Lincolnshire? Here’s everything you need to know – LincolnshireLive

Posted: at 6:49 pm

Stargazers are in for a treat as the International Space Station is set to cross Lincolnshire's skies - and you don't need any equipment to see it.

The International Space Station (ISS) will be visible over Lincolnshire at various times between now and August 8 and 9.

And because of its enormous size you don't have to have a telescope to view it in the night sky as it'll be visible to the naked eye.

The ISS is more than 100m wide, over 70m long, and about 20m high. The orbital height (height above Earth) is just over 400km.

Get ready to see shooting stars! Delta Aquarid meteor shower will light up the skies this week

But you'll have to keep your eyes on the prize; the speed of orbit is so high 17,200mph that it will often only be visible for a few minutes at a time.

According to NASAs Spot The Station web site, the ISS looks like an airplane or a very bright star moving across the sky, except it doesnt have flashing lights or change direction. It will also be moving considerably faster than a typical airplane.

The station will be visible from all over Lincolnshire and North Lincolnshire, including Lincoln, Grimsby, Scunthorpe, Boston, Sleaford and Grantham, within a minute of the following dates and times:

July 28: 12.18am, 10.49pm

July 29: 12.25am, 9.57pm, 11.33pm

July 30: 1.10am, 10.41pm

July 31: 12.17am, 9.49pm, 11.25pm

August 1: 10.33pm

August 2: 12.09am, 9.40pm, 11.17pm

August 3: 10.24pm

August 4: 12.02am, 9.32pm, 11.09pm

August 5: 10.17pm

August 6: 9.24pm, 11.02pm

August 7: 10.08pm

August 8: 9.16pm

The International Space Station will always start passing from a westerly direction so keep your eyes peeled for it gliding across the sky.

Sometimes a pass can last as long as five minutes, but it looks like a bright, fast-moving star so be careful not to mistake it for a passing aircraft.

It takes 90 minutes to orbit so you may be able to catch it passing more than once if you dont mind spending a couple of hours outside at night.

For more information about the ISS, visit https://spotthestation.nasa.gov/home.cfm .

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