Subject: General Tech | January 14, 2014 - 01:27 PM | Jeremy Hellstrom
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.
"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."
Here is some more Tech News from around the web:
- AMD's Kaveri APU ships today touting 50 percent higher GPU performance @ The Inquirer
- New integrated quantum circuit is most complex ever @ Nanotechweb
- TechwareLabs Interview with be quiet at CES 2014
- Lenovo: It could be YEARS before a US smartphone launch @ The Register
- Acer to start new operation strategy in April to focus on BYOC @ DigiTimes
- alve goes ahead with Oculus Rift SteamVR @ The Inquirer
Subject: General Tech, Graphics Cards | January 16, 2013 - 01:10 PM | Ryan Shrout
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.
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.
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.
Get notified when we go live!