The other games begin

Need distraction from the Republicans? Going through Olympic withdrawal and miss watching water polo at 3:30 AM? Fortunately, this is a great time for sport. For those who have a need to break out the nationalistic cheers, the World Cup of Hockey is underway now and the Ryder Cup starts in two weeks. Even though it has been overshadowed by the RNC, the US Open started yesterday at the National Tennis Center out in Flushing Meadows. Finally, NFL football kicks off next week.


In Louis Vuitton Malletier v. Dooney & Bourke, Inc. (S.D.N.Y., Aug. 27, 2004), Louis Vuitton, which produces expensive handbags with a distinctive LV logo, brought a suit against Dooney & Bourke which produces expensive handbags with a DB logo under the Lanham Act (for trademark infringement and dilution) as well as NY state trademark infringement and unfair compeition law.
The court denied Louis Vuitton’s requeset for a preliminary injunction, finding that federal and NY state trademark law offer no protection for the style of a bag:

Distilling the voluminous submissions to their essence, it is quite clear that Louis Vuitton cannot prevail on its plea for injunctive relief. To hold otherwise would not only contravene settled law, it would grant Louis Vuitton monopoly rights over a

Good, Bad, and Ugly

On Saturday, my iBook returned home after its little trip to the Apple service center.

The good news

Apple performed the service for free, even though this computer is out of warranty. Along with the logic board repair, they upgraded the DVD/CDRW combo drive to a faster version and cleaned the screen (it had been very dusty.)

The bad news

For some reason the hard drive was replaced and none of my data came back with the computer. I was specifically warned about this, so I was not surprised or disappointed, but merely annoyed. The OS was downgraded to 10.2, which required me to reinstall 10.3 and its various updates before reinstalling applications and restoring my data.
The logic board repair did nothing: the display scrambled again within the first couple hours of use. The replaced hard drive clicked loudly from the outset until it died, less than 24 hours after I received the computer. So not only did my computer come back not fixed, but in worse condition than before.
So, back to service goes my iBook and I remain stuck for another week or so using the large and slow Windows laptop or the even larger and slower Mac desktop. So blogging will likely remain light in the absence of my typical OS X setup.1
At least I am in good company in the missing Mac department. Declan McCullagh has been without his Powerbook for 3 weeks, but obtained a replacement PowerBook from Apple today.

And the ugly

The new combo drive door doesn’t match the vintage style on the casing.
1Actually, the frequency of posts may not decrease at all, but the incidence of spelling misstakes will certainly increase.

RNC Roundup

Cyclists ride, get arrested

Mike, of Satan’s Laundromat fame, went indirectly to jail

After taking some pictures of Critical Mass riders getting arrested, I turned to walk away and suddenly was in cuffs, one of the 264 cyclists and random passers-by arrested Friday night. Rather than writing us summonses for the offenses we were charged with, which were violations (on par with a traffic ticket or an open container), not even misdemeanors, the cops decided to teach us a lesson by hauling us over to a bus depot-turned-holding cell where we got to sleep in cages on diesel-sludge-covered concrete.

NY Times reports: 100 Cyclists Are Arrested as Thousands Ride in Protest
Felix Salmon rode in Critical Mass, but stayed out of jail: Scenes from the protests
Callalillie has photos from Critical Mass: A27 Critical Mass and A27 Critical Mass Part II

Protests, Media and More

Gothamist rounds up the photoblog posts from the big protest. See e.g. Citying and Callalillie.
WNYC: convention central
Blogger Vidiot is blogging and photo-blogging from within the media madness.
New York magazine is blogging at The Convention Kicker.

You mean there are issues, too?

Legal Fiction looks at one of the policy failures of the Bush administration with The Case Against Bush Part I: The War on Terror

Unfortunately, I soon realized that Bush was not assessing new circumstances and adapting to them. Rather, he got cosmically lucky. His gross simplifications and black-and-white thinking were not calculated responses that were manifestations of growth

Paper Trail Chase

One way to increase the accuracy and transparency of direct recording electronic voting machines may be to require a voter verifiable paper trail.
Wired News reports on a new survey which finds that voters want their electronic voting machines to serve paper trails, while earlier surveys found that most voters were unconcerned about the reliability of e-voting: Poll: Voters Want Paper Trail
Perhaps voters have become more informed about the risks of direct ecording e-voting machines. Perhaps this merely reflects the fact that this latest survey was commissioned by Accupoll, a company that sells electronic voting machines which happen to produce a paper trail. It seems like most voters may remain unconcerned about the accuracy or security and reliability, but all things equal, would prefer machines which produce a paper trail.
Voting rights activists are less sanguine about the accuracy and reliability of “black box” e-voting machines which lack paper trail or any kind of external audit mechanism. In Maryland, the Campaign for Verifiable Voting is seeking a court order which will require the state’s e-voting machines, of Diebold manufacture, to print a paper audit trail. The Washington Post reports: Md. Machines Seek Vote of Confidence:

Plaintiffs, led by Linda Schade, a Takoma Park activist who helped found a group called, promise to produce testimony from computer experts and election officials about security vulnerabilities and other shortcomings in machines the state has paid more than $55 million to purchase.

The Maryland lawsuit seeks “to insure the integrity of the November 2004 elections.” The Campaign for Verifiable Voting has the complaint and other filings available on its web site.

Verisign-ICANN antitrust suit dismissed

A federal district judge dismissed the anti-trust portion of Verisign’s complaint against ICANN: Verisign v. ICANN.
For background, let me refer you to this article by Jonathan Weinberg in the University of Ottawa Journal of Law and Tech: Site Finder and Internet Governance

On September 15, 2003, VeriSign, Inc., the company that operates the databases that allow Internet users to reach any Internet resource ending in .com or .net, introduced a new service it called Site Finder. Less than three weeks later, after widespread protest from the technical community, at least three lawsuits, and a stern demand from ICANN (the Internet Corporation of Assigned Names and Numbers, which has undertaken responsibility for managing the Internet domain name space), VeriSign agreed to shut Site Finder down.

Verisign then sued ICANN for violating federal anti-trust law and for breach of contract.
Steven Forrest has covered the ruling well: Core Issue Remains As VeriSign vs. ICANN Moves to State Court, Lawsuit Coverage, and ICANN Spin
CircleID: VeriSign’s Anti-Trust Claim Against ICANN Dismissed VeriSign’s antitrust suit against ICANN dismissed

Internet domain name registry VeriSign just can’t seem to convince anyone that redirecting misspelled Web addresses to its own site is a good thing.
A federal district court judge on Thursday threw out VeriSign’s legal arguments that ICANN’s ban on this tactic amounted to a violation of U.S. antitrust law.

ICANN’s 85 page report on Sitefinder: Redirection in the Com and Net Domains
In 95 pages, Verisign responds. See also some excerpts and analysis from Steven Forrest: VeriSign Responds to SSAC on SiteFinder Report.