The FCC's gaff and Verizon's pebble are on track to derail Net Neutrality

Subject: General Tech | April 24, 2014 - 12:44 PM |
Tagged: net neutrality, legal, FCC

In a wonderful display of ignorance the FCC seems to be on course to end any hope of US citizens actually receiving the bandwidth they pay for and major corporations are in danger of breaking their wrists because of too many high 5's.  With one ingenious move they have made over 100 years of common carriage laws designed to allow enforcement of fair business practices obsolete as far as providers of "information services" are concerned. 

Today we will we see some of the the results of their utter failure to protect the interests of US citizens as Net Neutrality will be redefined to allow providers to throttle or increase the available bandwidth to online media companies based on how much dosh those aforementioned companies are willing to shell over.  This means that while you may have a connection rated at 100Mbps download, that will no longer have anything to do with the actual speed you receive; that speed is dependent on how much bandwidth the provider makes available to the media service you are using.

The ruling is not yet released; keep an eye for updates here and on The Inquirer ... or just skip down to the new Gigabyte boards if you don't want to be depressed.

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"IN A MOVE designed to serve corporate America and raise the hackles of almost everyone else, the US Federal Communications Commission (FCC) has proposed to redefine net neutrality."

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Source: The Inquirer

The FCC has painted itself and net neutrality into a corner

Subject: General Tech | January 14, 2014 - 01:27 PM |
Tagged: net neutrality, legal, FCC

The US FCC has been told they do not have the authority to enforce its Network Neutrality rules as they have defined the Internet as something unique and therefor not covered under the existing common carriage regulations.  These regulations have evolved for over 100 years from when they first referred to actual physical carriages transporting goods and have since expanded to less physical services such as cable TV.  That has allowed government agencies to regulate providers and transporters of goods and services by accounting for almost any business practice that has been used since this regulations inception.  Unfortunately as the FCC has chosen to define broadband internet as a distinct service the ruling today does make legal sense, there are no legal statutes on the books specifically about Net Neutrality and now the debate should shift to whether it is wiser to attempt to create a brand new set of regulations or if the FCC should attempt to change its stance and attempt to have common carrier regulations apply to broadband suppliers and their negotiations with both edge providers and end users.  It is worth following the link from Slashdot to the ruling, it is 80 pages long but contains a lot of the history of the legal decisions that have lead to this point as well as containing some amusing analogies.  After all, it is not like at least one mobile provider is already set to take advantage of the current unenforceable nature of net neutrality regulations. 

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"According to a report from Gizmodo, a U.S. Appeals Court has invalidated the FCC's Net Neutrality rules. From the decision: 'Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such."

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Source: Slashdot

NVIDIA Employees Stole 100,000 Confidential Documents Claims AMD

Subject: General Tech, Graphics Cards | January 16, 2013 - 01:10 PM |
Tagged: stolen, nvidia, legal, Lawsuit, console, amd

Things might get interesting for a little while between AMD and NVIDIA again as a complaint has been filed by AMD accusing recently converted NVIDIA employee's of downloading and stealing 100,000 documents on the way out AMD's door. 

The company alleges that Robert Feldstein, Manoo Desai, and Nicolas Kociuk collectively downloaded over 100,000 files onto external hard drives in the six months before leaving the company. All three and another manager, Richard Hagen, were accused of recruiting AMD employees after leaving for Nvidia.

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The most senior of these employees is Robert Feldstein who was acting as the VP of Strategic Development at AMD before leaving for NVIDIA and was responsible for getting AMD inside the Nintendo Wii U as well as the upcoming Xbox and Playstation consoles due out this year.  To say that "stealing" Feldstein was a big win for NVIDIA would seem like a bad pun now with the accusations on the table, but there, we said it. 

After looking at the former employees computers AMD found that "Desai and Kociuk conspired with each other to misappropriate AMD's confidential, proprietary, and/or trade secret information; and/or to intentionally access AMD's protected computers, without authorization and/or in a way that exceeded their authorized access."  And since Feldstein and Hagan were responsible for the recruitment of those former AMD employees, they were breaking the "no-solicitation of employees" agreement made before departure.

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Obviously AMD hasn't come out with exactly what is in those 100,000 documents they accuse of being stolen, but the company is hoping that the US District Court in Massachusetts will help them recover the incriminating documents with a restraining order for all four current employees of NVIDIA forcing them to retain all current AMD-related documents. 

The unfortunate part of this for AMD is that if the document leak is true, the damage has likely already been done and they will have to sue for damages down the road.  NVIDA could be in for a world of hurt if the court finds that they were actively requesting those documents from the the four named in the complaint.

If you want to read all the legal source for this complaint, you can find it right here

Source: Arstechnica