Big Copyright Win in Canada: Court Rules Fair Use Beats Digital Locks
Pig Hogger (Slashdot reader #10,379) reminds us that in Canadian law, “fair use” is called “fair dealing” — and that Canadian digital media users just enjoyed a huge win. Canadian user rights champion Michael Geist writes:
The Federal Court has issued a landmark decision on copyright’s anti-circumvention rules which concludes that digital locks should not trump fair dealing. Rather, the two must co-exist in harmony, leading to an interpretation that users can still rely on fair dealing even in cases involving those digital locks.
The decision could have enormous implications for libraries, education, and users more broadly as it seeks to restore the copyright balance in the digital world. The decision also importantly concludes that merely requiring a password does not meet the standard needed to qualify for copyright rules involving technological protection measures.
Canada’s 2012 “Copyright Modernization Act” protected anti-copying technology from circumvention, Geist writes — and Blacklock’s Reports had then “argued that allowing anyone other than original subscriber to access articles constituted copyright infringement.”
The court found that the Blacklock’s legal language associated with its licensing was confusing and that fair dealing applied here as well…
Blacklock’s position on this issue was straightforward: it argued that its content was protected by a password, that passwords constituted a form of technological protection measure, and that fair dealing does not apply in the context of circumvention. In other words, it argued that the act of circumvention (in this case of a password) was itself infringing and it could not be saved by fair dealing. The Federal Court disagreed on all points…
For years, many have argued for a specific exception to clarify that circumvention was permitted for fair dealing purposes, essentially making the case that users should not lose their fair dealing rights the moment a rights holder places a digital lock on their work. The Federal Court has concluded that the fair dealing rights have remained there all along and that the Copyright Act’s anti-circumvention rules must be interpreted in a manner consistent with those rights.
“The case could still be appealed, but for now the court has restored a critical aspect of the copyright balance after more than a decade of uncertainty and concern.”
Read more of this story at Slashdot.
Virgin Galactic Completes Final ‘Space Tourists and Research’ Flight Before Two-Year Pause
Unity, attached to the belly of its carrier plane Eve, took off from runway at Spaceport America in New Mexico at 10:31 a.m. EDT (1431 GMT) and carried to an altitude of 44,562 feet (13,582 meters) over the next hour, where it was dropped and ignited its rocket engine to carry two pilots and four passengers to space and back. The mission, called Galactic 07, reached an altitude of 54.4 miles (87.5 km) and marked the seventh commercial spaceflight by Virgin Galactic on Unity, which is being retired to make way for the company’s new “Delta” class of spacecraft rolling out in 2026.
“I will need much more time to try and process what just happened,” Tuva Atasever, the Turkish Space Agency astronaut on the flight, said in a post-flight press conference, adding that the view of Earth was indescribable. “It’s not something you can describe with adjectives. It’s an experiential thing … you just feel it in your gut.”
One of the space tourists was a principal propulsion engineer at SpaceX, who wore the flags of the U.S. and India on his spacesuit to honor both his home country and that of his parents. The other two were a New York-based real estate developer and a London-based hotel and resort investment strategy advisor.
The flight landed 70 minutes later at 11:41 a.m. EDT (1541 GMT), according to the article, “marking only its seventh commercial spaceflight for Virgin Galactic and 12th crewed spaceflight overall.”
In all, Virgin Galactic flew the space plane just 32 times, including non-space test flights… “This vehicle was revolutionary,” Virgin Galactic president Mike Moses said in the post-launch press conference. “We tested it, we flew it, we demonstrated and prove to the world that commercial human spaceflight is possible with private funding for private companies… Seven commercial space flights, a single vehicle flying six times in six months last year, that’s groundbreaking,” Moses said. “The fact that we can take this vehicle back to back to back on a monthly basis is is really revolutionary.”
The new Delta class of spacecraft will be able to fly at least twice a week, about eight times the rate of SpaceShipTwo, with Virgin Galactic planning to build at least two to start its new fleet. “We’re going to field in 2026 two spaceships, our mothership Eve, that’s 750 astronauts a year going to space,” Moses said of the new fleet’s flight capacity. “That’s more than have gotten to space in the 60 year history of spaceflight to date….”
Since 2018, Virgin Galactic has flown payloads as part of NASA’s Flight Opportunities program and most recently was selected to be a contracted flight provider for NASA for the next five years.
Phys.org reports that with the Delta-class rockets, “The future of the company is at stake as it seeks at long last to get into the black. Virgin is burning through cash, losing more than $100 million in each of the past two quarters, with its reserves standing at $867 million at the end of March.”
It also laid off 185 people, or 18 percent of its workforce, late last year. Its shares are currently trading at 85 cents, down from $55 in 2021, the year Branson himself flew, garnering global headlines.
Saturday’s flight also became “a suborbital science lab” for microgravity research, according to a statement from the company.
Phys.org reports that during the flight, astronaut Atasever “wore custom headgear with brain activity monitoring sensors to collect physiological data, a dosimeter, and two commercially available insulin pens to examine the ability to administer accurate insulin doses in microgravity, Virgin said in a statement.” And Virgin Galactic said their flight also carried “rack-mounted” autonomous payloads from both Purdue (“to study propellant slosh in fuel tanks of maneuvering spacecraf”) and U.C. Berkeley (“testing a new type of 3D printing”), as well as “multiple human-tended experiments.”
“Discovery and innovation are central to our mission at Virgin Galactic,” said Michael Colglazier, CEO of Virgin Galactic. “We’re excited to build on our successful record of facilitating scientific experiments in suborbital space, and we look forward to continuing to expand our role in suborbital research going forward.”
Read more of this story at Slashdot.
Birmingham’s $125M ‘Oracle Disaster’ Blamed on Poor IT Project Management
But Computer Weekly’s investigation finds signs that the program board and its manager wanted to go live in April of 2022 “regardless of the state of the build, the level of testing undertaken and challenges faced by those working on the programme.” One manager’s notes “reveal concerns that the program manager and steering committee could not be swayed, which meant the system went live despite having known flaws.”
Computer Weekly has seen notes from a manager at BCC highlighting a number of discrepancies in the Birmingham City Council report to cabinet published in June 2023, 14 months after the Oracle system went into production. The report stated that some critical elements of the Oracle system were not functioning adequately, impacting day-to-day operations. The manager’s comments reveal that this flaw in the implementation of the Oracle software was known before the system went live in April 2022… An insider at Birmingham City Council who has been closely involved in the project told Computer Weekly it went live “despite all the warnings telling them it wouldn’t work”….
Since going live, the Oracle system effectively scrambled financial data, which meant the council had no clear picture of its overall finances. The insider said that by January 2023, Birmingham City Council could not produce an accurate account of its spending and budget for the next financial year: “There’s no way that we could do our year-end accounts because the system didn’t work.”
A June 2023 report to cabinet “stated that due to issues with the council’s bank reconciliation system, a significant number of transactions had to be manually allocated to accounts rather than automatically via the Oracle system,” according to the article. But Computer Weekly has seen a 2019 presentation slide deck showing the council was already aware that Oracle’s out-of-the-box bank reconciliation system “did not handle mixed debtor/non-debtor bank files. The workaround suggested was either a lot of manual intervention or a platform as a service (PaaS) offering from Evosys, the Oracle implementation partner contracted by BCC to build the new IT system.”
The article ultimately concludes that “project management failures over a number of years contributed to the IT failure.”
Read more of this story at Slashdot.
New Linux Version of Ransomware Targets VMware ESXi
In a report Wednesday, cybersecurity company Trend Micro says that the new Linux variant for TargetCompany ransomware makes sure that it has administrative privileges before continuing the malicious routine… Once on the target system, the payload checks if it runs in a VMware ESXi environment by executing the ‘uname’ command and looking for ‘vmkernel.’ Next, a “TargetInfo.txt” file is created and sent to the command and control (C2) server. It contains victim information such as hostname, IP address, OS details, logged-in users and privileges, unique identifiers, and details about the encrypted files and directories. The ransomware will encrypt files that have VM-related extensions (vmdk, vmem, vswp, vmx, vmsn, nvram), appending the “.locked” extension to the resulting files.
Finally, a ransom note named “HOW TO DECRYPT.txt” is dropped, containing instructions for the victim on how to pay the ransom and retrieve a valid decryption key.
“After all tasks have been completed, the shell script deletes the payload using the ‘rm -f x’ command so all traces that can be used in post-incident investigations are wiped from impacted machines.”
Thanks to long-time Slashdot reader joshuark for sharing the article.
Read more of this story at Slashdot.
Is Nuclear Power in America Reviving – or Flailing?
From the U.S. Energy Department’s transcript of the speech:
Each year, Units 3 and 4 are going to produce enough clean power to power 1 million homes and businesses, enough energy to power roughly 1 in 4 homes in Georgia. Preventing 10 million metric tons of carbon dioxide pollution annually. That, by the way, is like planting more than 165 million trees every year!
And that’s not to mention the historic investments that [electric utility] Southern has made on the safety front, to ensure this facility meets — and exceeds — the highest operating standards in the world….
To reach our goal of net zero by 2050, we have to at least triple our current nuclear capacity in this country. That means we’ve got to add 200 more gigawatts by 2050. Okay, two down, 198 to go! In building [Unit] 4, we’ve solved our greatest design challenges. We’ve stood up entire supply chains…. And so it’s time to cash in on our investments by building more. More of these facilities. The Department of Energy’s Loan Programs Office stands ready to help, with hundreds of billions of dollars in what we call Title 17 loans… Since the President signed the Inflation Reduction Act and the Bipartisan Infrastructure Law, companies across the nation have announced 29 new or expanded nuclear facilities — across 16 states — representing about 1,600 potential new jobs. And the majority of those projects will expand the domestic uranium production and fuel fabrication, strengthening these critical supply chains…
Bottom line is, in short, we are determined to build a world-class nuclear industry in the United States, and we’re putting our money where our mouth is.
America’s Energy Secretary told the Washington Post that “Whether it happens through small modular reactors, or AP1000s, or maybe another design out there worthy of consideration, we want to see nuclear built.” The Post notes the Energy department gave a $1.5 billion loan to restart a Michigan power plant which was decommissioned in 2022. “It would mark the first time a shuttered U.S. nuclear plant has been reactivated.”
“But in this country with 54 nuclear plants across 28 states, restarting existing reactors and delaying their closure is a lot less complicated than building new ones.”
When the final [Georgia] reactor went online at the end of April, the expansion was seven years behind schedule and nearly $20 billion over budget. It ultimately cost more than twice as much as promised, with ratepayers footing much of the bill through surcharges and rate hikes…
Administration officials say the country has no choice but to make nuclear power a workable option again. The country is fast running short on electricity, demand for power is surging amid a boom in construction of data centers and manufacturing plants, and a neglected power grid is struggling to accommodate enough new wind and solar power to meet the nation’s needs…
As the administration frames the narrative of the plant as one of perseverance and innovation that clears a path for restoring U.S. nuclear energy dominance, even some longtime boosters of the industry question whether this country will ever again have a vibrant nuclear energy sector. “It is hard for me to envision state energy regulators signing off on another one of these, given how badly the last ones went,” said Matt Bowen, a nuclear scholar at the Center on Global Energy Policy at Columbia University, who was an adviser on nuclear energy issues in the Obama administration.
The article notes there are 19 AP1000 reactors (the design used at the Georgia plant) in development around the world. “None of them are being built in the United States.”
Read more of this story at Slashdot.