Free for a Fee

It isn’t often that you find AT&T and the Electronic Frontier Foundation in agreement, but consensus has been reached on one matter: ASCAP’s demand that wireless companies pay it license fees for ringtones is, well, ridiculous.

On Wednesday EFF called the move “outlandish” and “a ploy to squeeze more money out of the mobile phone companies.” The advocacy group filed a friend of the court brief with the United States District Court for the Southern District New York this week, which is hearing the dispute between ASCAP, AT&T, and Verizon over whether the telcos have to pay the music licensing body royalties for wireless ringtones. Joining the amicus brief are Public Knowledge and the Center for Democracy and Technology. Meanwhile CTIA - The Wireless Association, to which the big telcos belong, has also filed an amicus brief in the case.

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“MySpace mom” Lori Drew has had her misdemeanor guilty verdict overturned by the federal judge handling the case, the LA Times reports. Violating a website’s terms of use is not, it seems, a federal crime after all.

Horrible things aren’t always crimes

The guilty verdict against Lori Drew, prosecutors crowed, would send an “overwhelming message” to online bullies. Though she escaped conviction on felony charges, the 49-year-old Missouri mom could have still faced three years in prison or fines of up to 0,000 for launching an online harassment campaign that ended in the suicide of a teenage neighbor. Drew was due to be sentenced today.

But the “message,” legal observers worried, may be that anyone who uses a website without paying close attention to those ubiquitous Terms of Service risks committing a federal crime. The judge shared those concerns.

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Social networks like MySpace still cannot be held responsible for assaults that happen offline, according to California’s Second District Court of Appeal in Los Angeles. The court was asked to review the case of four underage girls (referred to as Julie Does) who, along with their parents, had sued MySpace for gross negligence and strict product liability after they were all sexually assaulted by older men whom they met on the service.

Despite the scary circumstances in which these events took place, the judge said that MySpace was protected under Section 230 of the Communications Decency Act and could not be held liable.

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The US Supreme Court this morning refused to hear a final appeal in the Cablevision remote DVR case, thereby bringing the years-long litigation to a close. Despite the continued objections of broadcasters, video providers like Cablevision will be allowed to offer “box less” DVR service to customers.

The central question in the case might seem an arcane one: does it matter where a hard drive lives? Cablevision said no, and prepared to launch a service in which all of the digital video recorder’s hardware lived in the cable company’s central office. Subscribers would still have to choose which shows to record, how long to keep them for, and when to view them, using their television sets and cable boxes as a front-end to the system. Cable companies would no longer need to service and distribute hundreds of thousands of DVRs to customer homes.

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