Judge Hints at Mistrial in RIAA v. Jammie Thomas

The federal judge who presided over the nation's only peer-to-peer copyright-infringement trial announced from the bench here Monday that he is likely to declare a mistrial.

"Certainly, I have sent a signal to both sides of where I'm headed," U.S. District Judge Michael Davis said during a 70-minute hearing in which lawyers for the Recording Industry Association of America and defendant Jammie Thomas sparred over whether a jury verdict against Thomas should be overturned.
At issue is whether the RIAA needs to prove that copyrighted music offered by a defendant on a peer-to-peer network was actually downloaded by anyone. During Thomas' trial last October, Davis, on the RIAA's recommendation, instructed (.pdf) the jury that no such proof was necessary; if Thomas had the music in her Kazaa shared folder, where it could be downloaded, she could be found liable "regardless of whether actual distribution has been shown."

But in May, long after Thomas had lost the trial and was dinged $222,000, Davis developed second thoughts. He wrote in an order that he may have committed a "manifest error" with that instruction. "I think I surprised everyone," Davis said at the outset of the Monday's hearing. As the hearing wrapped up, there was little evidence that the RIAA's lawyer had changed the judge's mind.

Judge Hints at Mistrial in RIAA v. Jammie Thomas

At this point I will pause to pat myself on the back. I was asking this very question about "availability" being the same as distribution about three years ago. As I've said before, it will be a painful lesson for the RIAA/MPAA goon squad to learn. There's no winning when one tries to pull the wool over the collective eyes of Judges accross the country. The manner in which they slid in the jury instructions regarding availability was underhanded and surely didn't go unnoticed.

FCC About to Spank Comcast...is Charter Next?

The Federal Communications Commission appears poised to take steps to punish Comcast for blocking access to file-sharing traffic. Three of the five FCC commissioners have voted in favor of an item saying Comcast violated federal policy by dialing down peer-to-peer traffic over its network. The news isn't much of a surprise, given that FCC Chairman Kevin Martin has publicly criticized Comcast for the practice and recommended to the rest of the commissioners that they vote in favor of the decision.

FCC set to punish Comcast on P2P blocking News - Digital Media - CNET News.com

It appears that the only thing left is for the FCC to hand out punishment. Most media outlets are reporting that the FCC isn't expected to hand down any monetary damages. The most likely outcome will be an order requiring Comcast to cease and desist filtering of traffic and full public disclosure of its network management practices.

This ruling should cause a ripple effect through the industry. It sets a precedent, and one would think the next company caught throttling bandwidth for any reason would get a pretty stiff penalty. I would imagine there are many ISP's out there that are rethinking their network management practices. To be sure, Comcast isn't the only one employing questionable network practices. Charter Communications use a device from a Arbor Networks to restrict certain types of traffic. The device, an Arbor Ellacoya, allows them to throttle bandwidth from specific programs or protocols. It will recognize the different patterns used by each "offending" program and throttle them to a trickle by using deep packet inspection. For instance, your Emule or Bit Torrent program will seem to slow down to a crawl, but your YouTube videos of someone picking their nose will stream great.

It seems that this ruling will send a shot accross the bow of the ISP's. The FCC seems to be sending a message that they intend to protect the consumer before they will cave to the bullshit being spewed from the industry. Let's hope that they continue to set policy based on the premise of true neutrality.

New "People's Car" Gets 235 MPG!

Volkswagen's had its super-thrifty One-Liter Car concept vehicle -- so named because that's how much fuel it needs to go 100 kilometers -- stashed away for six years. The body's made of carbon fiber to minimize weight (the entire car weighs just 660 pounds) and company execs didn't expect the material to become cheap enough to produce the car until 2012. But VW's decided to build the car two years ahead of schedule.

According to Britain's Car magazine, VW has approved a plan to build a limited number of One-Liters in 2010. They'll probably be built in the company's prototype shop, which has the capacity to build as many as 1,000 per year. That's not a lot, but it's enough to help VW get a lot of attention while showing how much light weight and an efficient engine can achieve.

VW unveiled the slick two-seater concept six years ago at a stockholder's meeting in Hamburg. To prove it was a real car, Chairman Ferdinand Piech personally drove it from Wolfsburg to Hamburg. At the time, he said the car could see production when the cost of its carbon monocoque dropped from 35,000 Euros (about $55,000) to 5,000 Euros (about $8,000) -- something he figured would happen in 2012. With carbon fiber being used in everything from airliners to laptops these days, VW's apparently decided the cost is competitive enough to build at least a few hundred One-Liters.

Laugh at High Gas Prices With a 235-MPG VW

This is probably only the tip of the iceberg of supressed technology. Since the beginning of the automotive revolution, the automakers have been gobbling up any technolgy that would offer a major improvement to the consumer. The general view is that radical change hurts the bottom line. They would argue that the cost of manufacturing retooling would cost too much or that the technology would raise the price of the car to the consumer. In reality, many of the innovations in increasing fuel milage were purchased and shelved to protect the industry and their closely related breatheren in the oil industry. That's right, the greedy bastards in the auto industry have been screwing us for years! What a shocker....

In the movie "Tucker- The Man and His Dream", Jeff Bridges plays real-life automobile inventor/entrepeneur Preston Tucker. Tucker started his own auto company and in 1948, he built a car that made Detroit very nervous. Tucker had added things like seat belts and safety glass that the Big Three didn't offer. In fact they deemed them expensive and unnecessary items. In true DeLorean fashion (or perhaps vice-versa) the big three created a scandal and misinformation campaign that ended up bankrupting the man and his company.

There a million other stories like this out there, but we've just never heard about them. You can bet that critical technology that would help us end our oil dependance is sitting gathering dust on a shelf somewhere. I would be willing to bet that the technology exists today to bring an affordable vehicle to market that would run on no petroleum at all. They're just betting that they haven't milked every last penny out of oil yet.

Soon We'll Be Flying Personal Electric Planes

A cozy crowd of several dozen engineers, venture capitalists, and members of clean-tech companies plotted the potential at the Electric Aircraft Symposium held in April in San Francisco, sponsored by Foundation Capital and held by the CAFE Foundation, a nonprofit aiming to advance personal air travel.

The meeting included Ivo Boscarol, CEO of Pipistrel, which by the end of this year is set to deliver the first commercially produced, two-passenger electric aircraft to customers. The Slovenian company's Taurus Electro can climb to 6,000 feet after taking off on a 30-kilowatt motor. Recharging the glider's lithium-polymer battery is meant to take about as long as powering a cell phone. Depending upon the weather and skills of the pilot, the glider can travel 1,000 miles in a day.

Personal, green airplanes set to take off

Before you know it, we'll be zipping around like the Jetsons! Personal flying vehicles may be way off in the future, but the navigation and anti-collision technology to make the highways safer is not far away. Some companies like Volvo are already incorporating these technologies into models you can buy at your local dealer. It's a bit sad, but the fact is, a computer can probably drive better than most people out there.

As for the personal aircraft, it's good to see that they are making it enviromentaly friendly. After reading the article, one has to wonder if the next wave of eco-friendly innovation will come from the European Union instead of the US or Japan. The next big breakthrough could come from an unexpected place...like Slovenia.

Mercedes-Benz is Going Green By 2015!

In less than 7 years, Mercedes-Benz plans to ditch petroleum-powered vehicles from its lineup. Focusing on electric, fuel cell, and biofuels, the company is revving up research in alternative fuel sources and efficiency. Mercedes is looking into electric vehicles, both battery powered and fuel cell powered. Not only are models in development, but we’ve also seen the company making steps towards their zero petroleum goal right now, from better cabs in London to Li-Ion battery improvements. Commercialy available zero petroleum vehicles will be available starting in 2010.

While this is an impressive announcement, I'll wait until I hear more details before I get downright giddy. I do think we're starting to see a fundemental change in the attitudes of the automakers as a whole. We are starting to see degrees of seperation between the auto industry and big oil. It would appear that a huge lobbying war in Washington is underway as the two industries jockey to get favorable legislation. In one sense, we live in exciting times where the business landscape is changing, but the other side of that is the slow and agonizing process of change, inhibited by the unwillingness of old businesses to sucumb to the new ones. In the end, nothing much will really change. It's just a re-shuffling of wealth and power at the top of the food chain that has no financial benefit for the average person.

EcoGeek - Technology for the Environment

Hungarian Moped Car Gets 150mpg!

Hungary is not the first place that comes to mind when thinking about cutting edge green vehicles, yet. If the creators of the Antro Solo have their way, the country will be synonymous with green machines by 2012. The Antro Solo is a solar, human and gas-electric hybrid vehicle. It looks like nothing else out there, and has a fuel efficiency of more than 150 miles per gallon

Inhabitat : Antro Solo gets 150mpg

I'm pretty sure that I don't want to spill out of a bar at 2:30am, in the middle of February, when it's 2o below zero to find out I need to peddle my car home.

All jokes aside, this is a novel approach to maximizing efficiency. The choice of materials and blending of technologies could prove to be a blueprint for others looking to squeeze every ounce of energy from their products in a green friendly manner.

Vermont OKs the Creation of Virtual Corporations

On June 6th, Gov. Jim Douglas signed an inauspicious-sounding bill entitled “H.0888, Miscellaneous Tax Documents” that could revolutionize the way startup companies are formed and run. As New York Law School professor David Johnson explained to me, up until now, U.S. law required LLCs to have physical headquarters, in-person board meetings and other regulations that have little relevance in the digital age.

No longer. Under the new law, for example, a board meeting may be conducted “in person or through the use of [an] electronic or telecommunications medium.” A “‘virtual company’ will be, as a legal matter, a Vermont limited liability company,” said Johnson. And other states are required to recognize the corporation as a legitimate LLC. So while in the past many companies registered in Delaware to take advantage of that state’s business-friendly policies, with this law, Internet-driven startups may find Vermont even more ideal.

Vermont OKs the Creation of Virtual Corporations

This appears to be along the fuzzy business lines like the "captive insurance" industry. A lot of revenue flows through these corporations, and a tiny percentage stays in the state. I think Vermont needs to create whatever business advatages it can, to bring new revenues to the state. We should also be focusing on attracting green technology businesses, but our digital infrastructure is ancient or non-existient. So far the private sector has been unable or unwilling to bring us out of the information stone age. Perhaps it is time for the state to find the funds and a partner to provide statewide broadband and cellular coverage. The only way we can retain our way of life is by being connected to the rest of the world in order to compete in the global marketplace.