Court Sides With Aereo

Streaming television service Aereo does not infringe the copyrights of over-the-air TV stations, and a request from several stations to shutter the New York-based service isn’t warranted, an appeals court has ruled.

The U.S. District Court for the Southern District of New York was right to deny a request for a preliminary injunction from Fox, ABC, WNET and other TV stations, the U.S. Court of Appeals for the Second Circuit ruled Monday.

The TV stations had argued Aereo, a service that allows subscribers to record and play over-the-air TV programs on Internet-connected devices, violated their so-called public performance right, their exclusive right in U.S. copyright law to “to perform the copyrighted work publicly.”

But Judge Christopher Droney, writing for the appeals court majority, noted that Aereo makes use of technology already found by courts to be legal. The service combines Aereo-designed mini TV antennas, DVRs, and a Slingbox-like streaming service, he noted.

Aereo users, by making personal copies of TV programs for their own use, were not creating public performances, Droney added.

The TV stations “have not demonstrated that they are likely to prevail on the merits on this claim in their copyright infringement action,” Droney wrote in rejecting the request for an injunction against the service. “Nor have they demonstrated serious questions as to the merits and a balance of hardships that tips decidedly in their favor.”

Aereo praised the decision. The decision “again validates that Aereo’s technology falls squarely within the law, and that’s a great thing for consumers who want more choice and flexibility in how, when and where they can watch television,” Chet Kanojia, Aereo’s CEO and founder, said in a statement.

Lawyers for the TV stations weren’t immediately available for comment.

Digital rights group Public Knowledge cheered the ruling, saying it is a “victory for consumer choice and video innovation.”

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Xoom Tablets To Get Android 4.0

Motorola Mobility has confirmed the Android Ice Cream Sandwich upgrade to the Xoom Wi-Fi tablet will arrive over-the-air via Wi-Fi to U.S.-based devices on Wednesday.

In addition to faster browser rendering, the free update lets users type via voice and includes a Data Manager tool for monitoring and controlling network data usage, something seen as especially helpful to reviewers of the Samsung Galaxy Nexus smartphone running Ice Cream Sandwich, also called Android 4.0.

Motorola called it the first tablet of its kind to receive the upgrade to Ice Cream Sandwich, though the update for the Asus Transformer Prime tablet was distributed a week ago, as several bloggers, including Slashgear noticed.

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Mobile Security Threats Continue To Grow

According to industry analysts, mobile device shipments will exceed a billion devices in 2015 and will rapidly outrun PC shipments. That’s great news for end user convenience, mobility, and work-anywhere productivity. But it also means that enterprises must prepare for the fact that the criminals will target these devices with attack exploits, spyware,
and rogue applications.

And while IBM’s IT security research team, X-Force, predicts a modest 33 software exploits targeting mobile devices in the year ahead, that’s roughly twice the number of such attack code released in the past year.

The group also sees a number of other troubling mobile security trends. First, when software flaws do surface, many mobile phone makers do not rapidly deploy software patches to devices; malicious apps are often distributed through third-party app markets. Another troubling trend is that some mobile malware can collect end user’s personal information for use in phishing attacks.

An example of vulnerabilities that would make such attacks possible are the two recent Android security flaws that were reported to affect popular handsets including the AT&T Samsung Galaxy SII and various HTC devices.

The security find announced by security researcher Trevor Eckhart, called HTClogger (logging tools introduced by handset maker HTC) that could leak email account information, user location, phone numbers, and messaging logs.

Handset maker HTC said, in a statement, that it is working to quickly issue an update to its customers. “HTC is working very diligently to quickly release a security update that will resolve the issue on affected devices. Following a short testing period by our carrier partners, the patch will be sent over-the-air to customers, who will be notified to download and install it. We urge all users to install the update promptly,” the company said.

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