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One of the many lawsuits against file sharing sites/search engines around the world is the IsoHunt lawsuit — yet another case where the entertainment industry decided a marginal player in the space didn’t have enough attention and sued. While the judge in the case had earlier pointed out that the MPAA failed to show actual evidence of infringement of copyrights by US users on IsoHunt, that still didn’t stop the judge from granting summary judgment to the movie studios, saying that because IsoHunt induced infringement, it loses, no trial needed. This isn’t a huge surprise, given how courts have ruled previously, but there are some oddities in the ruling, which you can see below:

“Morally, I’m a Christian. ‘Thou shalt not steal.’ But to me,
even copyright infringement when it occurs may not necessarily be
stealing.”

The court seems to think this indicates inducement, but if that’s the case, then shouldn’t the Supreme Court itself be guilty as well for famously stating in the Dowling case:

“(copyright infringement) does not easily equate with theft, conversion, or fraud… The infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over copyright; nor does he wholly deprive its owner of its use.”

If the first is inducement, isn’t the latter as well? Furthermore, the court seems to take a quote that refers to “stealing from leechers” to mean inducing infringement, apparently not recognizing that leechers have a very specific meaning in the BitTorrent world, and the statement appears to have nothing to do with infringing on copyright.

That said, there are some other things that put Fung on much thinner ice, including helping people find certain files and helping explain how trackers work — though, again, it’s not clear that Fung would know for certain that the files being searched for were infringing. The court does find it (reasonably) damning that Fung presented a list of top box office films, with links to pages that asked people to share torrent files that pointed to the films themselves. You can certainly see how that could trigger the “inducement” finding.

But what may be most interesting (or troubling, depending on your perspective) is the court’s discussion on the DMCA, which basically says that DMCA safe harbors do not apply if it can be shown that the site turned a blind eye to infringement. If that reasoning is used, it could eventually implicate sites like YouTube, despite rulings like the one in the Veoh case. Expect IsoHunt to appeal, though given the details in the case, it seems quite unlikely that it will prevail. There are too many precedents against this sort of operation, even if the court misinterpreted Fung’s statements, which it deems as “most telling” in the ruling.

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Daily Random Recipe

INGREDIENTS:

• 2 cups red or brown lentils, rinsed and picked over
• 8 cups water (maybe more)
• 2 cups minced onion
• 2 teaspoons ground cummin
• 2 teaspoons dry mustard
• 2 tablespoons minced garlic
• 1 cup minced dried apricots
• 1 1/2 to 2 teaspoons salt (to taste)
• 3 to 4 tablespoons balsamic vinegar (or, to taste)
• Black pepper and cayenne to taste
• Optional garnishes
• Extra slivers of dried apricot
• A drizzle of soy yogurt
• A sprig or two of coriander or parsley

METHOD:
Place the lentils and water in a soup pot or dutch oven and bring to a boil. Cover, lower heat to a simmer, and cook for about 15 minutes. Add the onion, cummin, and mustard, and continue to simmer, covered, until the lentils are very soft (about 15 more minutes). Add small amounts of additional water, if it seems too thick.

Add the garlic, apricots, and salt, cover, and let sit for another 15 minutes or so. Stir in the vinegar, black pepper, and cayenne to taste (and correct the salt too, if necessary). At this point the soup will keep for several days.

Heat gently just before serving, and serve hot, topped with a few slivers of dried apricot, a drizzle of yogurt, and a sprig of coriander or parsley, if desired.

The AstraGene micro-volume spectrophotometer for DNA, RNA and Protein analysis was shown for the first time in Germany by Landgraf Laborsysteme (HLL) at the recent Biotechnica Exhibition in Hannover.

AstraGene is based on a novel, through-the-tip measurement technique, that removes the need to dispense the sample from the pipette and which it is claimed fully protects the tiny 2µl sample from any possible contamination and the effects of evaporative loss, while also enabling the confident re-use of the full sample volume.

Designed and built by AstraNet Systems Ltd in Cambridge UK, the manufacturer claims that this is the fastest and easiest method for measuring micro-volume samples. AstraGene removes the need to dispense the sample onto a measuring surface or into a sample holder and then the requirement to wipe it off or clean up after measurement, their through-the-tip measurement is claimed to completely eliminate these two time-consuming procedures.

AstraNet describe the spectrophotometer as being based on a high resolution, UV enhanced, CCD array detector, with sample measurement, including a spectrum scan, being completed in less than 2 seconds. They say their design uses no moving or mechanical parts, almost completely eliminating maintenance and the need for re-calibration, while enhancing reliability over traditional and other micro-volume spectrophotometer techniques.

Details of the AstraGene spectrophotometer have recently been added to the Landgraf Laborsysteme (www.HLL.de) and AstraNet (www.astranetsystems.com) web sites.

Everyday I troll SEC Form D Filings to discover new startups, fundings and investments. I put everything I find into CrunchBase.

For everyone else I give you the daily digest, a quick hit of the latest and greatest SEC Form D filings in the TechCrunch sphere:

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Contact lenses that act as a glucose monitoring system for diabetics aren’t exactly a new idea, but it looks like a group of researchers from the University of Western Ontario might be a bit closer to making them a reality, as they’ve now received a $200,000+ grant from the Canada Foundation for Innovation to further develop the technology. The secret to their contacts are some “extremely small” nanoparticles that are embedded in the hydrogel lenses which, like some similar systems (such as those pictured at right), react to the glucose molecules in tears and cause a chemical reaction that changes the color of the lenses — thereby informing the wearer when their blood sugar is too low or too high. What’s more, the reseachers say the same basic idea could also have a wide range of other applications beyond glucose monitoring — for instance, being used in food packaging to indicate if the food is spoiled or contaminated.

[Thanks, Yuka]

Researchers receive grant to develop color-changing contacts for diabetics originally appeared on Engadget on Wed, 23 Dec 2009 22:16:00 EST. Please see our terms for use of feeds.

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We’ve tended to measure our success with sequencing genomes in terms of our ability to sequence the billions of bases in the human genome. But the progress has made completing the genomes of bacteria, which are typically a thousand times smaller, relatively trivial. For these organisms, we actually have the luxury of being able to do a thorough survey of genomes.

So far, however, the emphasis has been on sequencing the ones we know well: the lab strains, those associated with major diseases, etc. A new paper takes an approach that’s less driven by self-interest. Its authors surveyed hundreds of strains of bacteria and archaea that we know how to culture, and picked 200 of them that are broadly dispersed across the tree of life, based on the sequence of a ribosomal RNA gene. They’re now in the process of completing the genomes of all of them, and the paper serves as an interim report.

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We’ve been hit by some serious technical bugaboos over the last week and are just starting to recovery here at Nourished Kitchen, so for all of you who’ve visited the site in the last few days, noticed odd posts in your feed readers, please excuse the mess as the dust settles – we’ll be back at it in no time.  Despite the exhausting effort I’ve put into cleaning up the site, we’ve still managed to prepare for the upcoming holiday: a charming, locally grown  yuletide tree decorate by salt-dough stars, candy canes and garland studded with popcorn and fresh cranberries.  A handmade holiday, and it’s been a pleasure.

Tomorrow afternoon, in anticipation of Santa’s arrival, the scent of freshly baked cinnamon molasses cookies will fill our tiny home.  Unlike many molasses cookies, these are seasoned only by ground cinnamon – a spice that’s rich in fiber and manganese.  Moreover, they incorporate sprouted grain flour which, unlike whole wheat flour, needn’t be soaked prior to baking.  The dough is easy for small hands to manipulate and roll while the topping for the cookies is as pleasantly salty as it is sweet.

So if Santa’s coming to your home, do the old man a favor and prepare him a nourishing, wholesome treat.

Cinnamon Molasses Cookies

Pleasantly sweet and slightly salty, these cinnamon molasses cookies are perfect served alongside warm milk, hot cider or even mulled wine.

Ingredients for Cinnamon Molasses Cookies

• 1 cup (2 sticks) grass-fed butter, softened (see sources)
• 1 cup whole, unrefined cane sugar
• ½ cup blackstrap molasses
• 2 pastured eggs, beaten
• 1 teaspoon vanilla extract
• 4 cups sprouted grain flour (see sources)
• ½ teaspoon unrefined sea salt
• 2 teaspoons baking soda
• 2 tablespoons ground cinnamon

Ingredients for the Topping

• 2 tablespoons whole, unrefined cane sugar
• 1 tablespoon unrefined sea salt
• 1 tablespoon ground cinnamon

Method for Preparing Cinnamon Molasses Cookies

1. Cream butter and sugar together until light and fluffy.
2. Slowly add the molasses and vanilla extract to the butter and sugar mixture, beat until well-combined.
3. Stir in the beaten eggs until thoroughly mixed with the molasses, butter and sugar.
4. In a separate bowl, mix sprouted flour, unrefined sea salt, baking soda and cinnamon together.
5. Combine wet ingredients with dry ingredients, and mix until thoroughly blended.
6. Refrigerate dough for at least 1 hour and up to 4 hours.
7. Preheat the oven to 350º F.
8. While the oven is preheating, prepare the topping by stirring together 2 tablespoons unrefined cane sugar, 1 tablespoon unrefined sea salt and 1 tablespoon ground cinnamon.
9. Form two tablespoons of cookie dough into a ball and roll the balls in the cinnamon, sugar and salt topping.
10. Place balls of dough on a preheated baking stone, press down with the tines of a fork to ensure even spreading.
11. Bake cookies in an oven preheated to 350º F for approximately 6 to 8 minutes.

YIELD: Approximately 36 cookies.

My wife bought me a stuffed hedgehog for Christmas, which I received early. Her name is Trudi. When a friend and fellow writer suggested that my picture book career would now commence, I quickly composed the following story, which is sure to be a timeless classic with songs, TV specials, and other treatments. Why, I’m convinced that if Trudi is not the next Rudolph, she is at least the next Olive. Here’s the story.

Little Trudi wanted nothing but bugs for Christmas.

“Yes,” she said. “Bugs. I eat bugs. You got a problem with that Santa? Because it just so happens I’m an insectivore.” She was on Santa’s knee at Macy’s, telling him what she wanted for Christmas.

“Um, no, I don’t have a problem with that at all,” he said. “Actually, I have a bit of an infestation at the workshop. Trudi, with your little claws and teeth so capable, won’t you come to the North Pole and exterminate the bugs who’ve made my workshop intolerable?”

“Of course!” said Trudi.

They left the Santa Village at the department store and hurried off in Santa’s sleigh to the North Pole, where Trudi fattened herself up on the cockroaches that had gotten into the workshop, nibbling off their legs and then cracking open their shells to suck out their yummy cockroachy inner goo.

By Christmas, the roaches were gone and Trudi weighed 14 pounds, which is really big for a hedgehog. It was a merry Christmas for everyone.

The End

Filed under: Healthy Eating, Holistic Recipe

Weight gain over the holidays is a sure thing if you are drinking empty calories from cocktails with more sugar than your grandma’s gingerbread! Sugar from carbohydrates (above your daily needs) will convert to fat and likely not in the right places … Read more

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Filed under: Morning Scoop

Each morning, we dish out a few links we love.

Merry Christmas Eve! As you plan out your day tomorrow, here are some reasons why you should consider taking the family out for a walk.

Planning on indulging in a few cocktails this Christmas? … Read more

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Here are a few of the more notable fantasy NBA developments over the past few days…

• Paul Pierce(notes) will miss the next two weeks after having an infection drained from his right knee Wednesday. He complained of swelling of soreness in the morning, and an MRI revealved the infection (while also showing no structural issues). Tony Allen(notes), J.R. Giddens(notes), and Bill Walker(notes) will see extra time while Pierce is out, with Allen deserving some attention in super-deep leagues. If the two-week timeframe plays out, he’ll miss five or six games.

• Kevin Garnett(notes) was not in the lineup Tuesday because of right thigh bruise, but his injury is not considered serious and he’s likely to be back in the lineup for the team’s next game (Friday, @ORL).

• Joel Przybilla(notes) is yet another Blazer to be lost to a major injury, as he suffered a ruptured right patella tendon and dislocated patella Tuesday. How long he’ll be gone will be determined after he undergoes tests Thursday, but it’s not a minor injury. Juwan Howard(notes) was effective after replacing Przybilla Tuesday (34 minutes, 10 points, 10 boards, 4 assists, 1 steal), started for the team Wednesday, and should see major minutes on most nights, barring a transaction that brings in another big man. Howard’s most recent run of significant playing time came in 2006-07, when he averaged 12.8 points and 6.5 boards in 38 starts. Brandon Roy was also out of the lineup for the Blazers Wednesday because of a sore shoulder. At least in his case, the injury is not expected to be long-term.

• Roy Hibbert(notes) has averaged 14 points, 5.7 boards, and 4.3 blocks in 32 minutes over the past three games, with the extensive playing time being the key. With Jeff Foster’s(notes) recurring back issues having shelved him indefinitely, the playing time will (once again) be there for Hibbert if he can avoid significant foul trouble, and he could be heading for another productive streak like we saw earlier in the season.

• In four games since returning from a one-game stint on the inactive list, Delonte West(notes) has averaged 11.5 points on 50-percent shooting, 4 boards, 3.2 assists, 1.5 steals, and 0.8 blocks in 27 minutes. His teammates and coach have noticed his play and, at the risk of sounding overly-optimistic, he could be on the verge of settling back in with this team. Given the fantasy potential here, a speculative add is starting to look more and more appealing, although clearly nothing is assured when it comes to West.

• T.J. Ford(notes) has lost his starting job to Earl Watson(notes) for the foreseeable future, with problems playing within Jim O’Brien’s system being cited as the main cause. O’Brien thinks Ford’s tendency to dominate the ball and look to create his own shot is a better fit with the second unit, but he still called him a "key scorer" for the Pacers. Before you see it as the death knell for Ford’s already dismal fantasy impact, consider that he averaged 13.4 points, 5 assists, and 1.2 steals in 25 games as a reserve last season (27 minutes). What Ford has yet to do this season is get comfortable, and perhaps this move will help him do just that (but maybe that’s just me being overly-optimistic again).

"It’s more of a come down and pass it scenario. That’s not the style where I’m effective as far as passing. I’ve got to go back to doing what I know how to do best, and that’s attacking."

Watson certainly becomes more useful for fantasy purposes as the team’s starter, and he’s averaged 9.3 points, 1.3 threes, 4.3 boards, 5.5 assists, and 1.5 steals in his three starts (29 minutes).

• Tyson Chandler(notes) will miss at least a week due to a stress reaction in his left foot, the same foot the needed offseason procedures to deal with turf toe and a sprained ankle. Nazr Mohammed(notes) will get the starts for Chandler in the interim, and deep-league owners should seriously consider an add here, given Chandler’s extensive injury history. In 276 career starts, Mohammed has averaged 9.8 points on 50-percent shooting, 7.6 boards, 0.8 steals, and 1 block in 25 minutes.

Filed under: Sex, Love & Relationships

Ever wondered why men and women are drawn to certain scents? Judy Dutton, author of How We Do It: How the Science of Sex Can Make You a Better Lover, explains the role your nose plays in choosing a partner.

Q: What role does scent play in … Read more

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As semiconductor manufacturers continue to push down the size of their products’ wiring, a number of research labs have started looking into whether they can simply take the process to its logical conclusion: a transistor made from a single molecule. A number of these items have been demonstrated, and they do manage to control the current flow through the molecular transistor, but they do so through a variety of tricks that have nothing in common with the methods used for the semiconductors in our electronics. In today’s issue of Nature, an international team reports producing the first voltage-gated molecular transistors.

The basic principle behind a transistor is simple. All it needs is two electrodes, a source and a sink, and a gate that controls the flow of current between them. In semiconductor transistors, the gate contains a semiconductor and another electrode: raising or lowering the voltage in this electrode controls whether current can flow across the semiconductor between the source and sink.

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While many were surprised that the first few grants of broadband stimulus money did not go to the telco lobbyist boondoggle known as Connected Nation, you knew it had to come eventually. There were cases where Connected Nation was given deals despite being more expensive and having less experience. Or, in the case of Minnesota, the governor just decided the state should go with Connected Nation, before a state task force (appointed by the governor to explore this issue) could even weigh in.

So it should come as no surprise that (right before the holidays) it’s been announced that a big chunk of broadband stimulus money is going to Connected Nation (including, of course, in Minnesota). It’s a really sweet boondoggle. The operation was set up by telco industry lobbyists, with the claim that it will accurately map broadband penetration (an important factor in figuring out a broadband plan). But, rather than actually mapping the data, and actually revealing the details, Connect Nation basically hides and obfuscates the data in a way that protects the telcos. Aren’t you glad that your taxpayer money is now being used to support this effort?

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Along with many other people, I’ll spend hours flying with young children this holiday season to visit family and, like many parents, I’d do anything within reason to keep my young children busy on a crowded airplane.

The iPod Touch offers the best options for young kids.

I’m a big fan of old-fashioned analog activities—books and crayons—but they’re not enough when you’re cooped up for six hours on a plane. In advance of a cross-country flight on Wednesday, my two kids and I spent several days trying out the most versatile and convenient gadget—offering movies, games and other electronic media—for keeping us entertained.

We looked at Apple’s iPod Touch, a Sony PSPgo and a Nintendo DSi. Sony and Nintendo have updated their PlayStation Portable and DS game players with features aimed at going beyond traditional gaming. Apple is been promoting the iPod touch’s game capabilities.

Nintendo has done a lot to push the boundaries of gaming, with the Wii and other products. But the $169.99 DSi isn’t the entertainment Swiss army knife the iPod Touch and PSPgo are. It doesn’t play movies, for example—a big minus for my 2-year-old son, who is too young to be patient with most games.

It’s still a fun game-player, though, with popular titles for young kids, including two that are big with my 6-year-old daughter: the Nintendogs virtual pet and Pokemon adventure games, which run about $30 a title. One big change Nintendo made to the DSi is the addition of two cameras that are used in fun games, like the ones that put a player’s photo alongside other characters. One simple camera application lets you distort and doodle on images.

Nintendo and Sony also have followed the lead of the App Store—Apple’s online clearinghouse for iPhone and iPod Touch software—by letting users download software directly to the DSi and PSPgo over a Wi-Fi connection. It is more convenient than keeping track of a lot of external game cartridges and discs. Compared with the more than 100,000 titles in the App Store, however, Nintendo’s DSi Shop is sparsely stocked. It had only two free applications and about 90 titles, mostly costing $2 to $8.

One free DSi titles, Flipnote Studio, was a huge hit with my 6-year-old. It let her create an electronic version of an old-fashioned flip book, where you animate sketches by flipping pages. The DSi has only 256 megabytes of built-in storage, good for about a dozen games, though users can expand that with a storage card.

With the $249.99 PSPgo, Sony got rid of the old proprietary disc format for movies and games used in older PSP models, replacing it with 16 gigabytes of built-in flash storage onto which users can download games, movies and other content. The change allowed Sony to make a sleeker device with controls that slide away under its crisp color display.

The iPod Touch is still slimmer and easier to tuck into a pocket. A model with eight gigabytes sells for $199, while one with 32 gigabytes sells for $299.

The PSPgo’s display is slightly wider than that on the iPod Touch, but isn’t touch-sensitive. Still, the PSPgo and iPod Touch are fine for watching movies. They’re more convenient on airplanes than fumbling with a laptop and DVDs. And users can wirelessly download movies and games onto the PSPgo from Sony’s online PlayStation Store. I found it faster, though, to do the transaction on my PC over a wired Internet connection, and load the material onto the PSPgo over a USB cable with Sony’s version of Apple’s iTunes application, called Media Go. Media Go runs only on Windows.

Prices for movies on the iTunes and PlayStation Stores were mostly the same at $14.99 for new releases and $9.99 for older ones. Rentals are $3.99. Both stores had a similar selection of new releases, but the PlayStation Store lacked some kid titles that were on iTunes, such as “Toy Story.” There is also a directory of free podcasts on iTunes that makes it easy to download free videos to the iPod Touch, including kid-friendly material such as NASA space-shuttle landings and “Sesame Street” clips.

Games for PSPgo tend to be more intricate than those for iPod Touch, but that comes at a price. While Sony sells cheaper games, many are in the $19 to $30 range. I liked an adventure game called “Little Big Planet” starring a character called Sack Boy—for $39.99.

That price is steep compared with all the inexpensive and free content on the App Store for the iPod Touch. My kids liked a lot of it: a free dress-up game called “Dress Chica” and a $1.99 snowball-fight game called “Grinchmas.” My son particularly loved a free, beautifully illustrated short book called “Voodoo Doll’s Halloween Story.” My 6-year-old spent hours with a free math-drills program.

I found the iPod Touch offers the best entertainment options for young kids at bargain prices. And that is a gift for parents.

Email [email protected]. Walt Mossberg is on vacation.

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Video livecasting service Qik’s long-awaited iPhone app has reportedly been approved by Apple and will appear in the iTunes App Store today.

It’s getting late in the business day here in Apple’s time zone, and the app hasn’t appeared yet, but maybe the App Store staff work IT hours and will put it up tonight.

TechCrunch reports that the app will be named Qik Live when it appears, not to be confused with the current app Qik for 3GS, which cannot stream live video.

Qik Live’s addition will mean there are two very popular platforms on which Apple and AT&T will allow iPhone users to transmit live video streams onto the Internet. Ustream Live Broadcaster was the first, appearing in the store on December 9th. Ustream says that since the app became available, the number of concurrent live streams running through their servers has increased tenfold.

Previously, streaming live video was possible only on “jailbroken” iPhones that had been hacked to end-run Apple’s restrictions. Apple added live video capability to the new iPhone 3G S model in July, but until this month no apps that streamed video were approved and placed in the App Store.

Apple’s approval process is a notorious puzzlebox. No sources have stepped forward to explain why the change in what seemed to be a no-streaming policy, and why now.

Ustream countered Qik’s news today by emailing around a press release announcing a limited-access beta test of a higher quality streaming app, dubbed Ustream HQ Live Broadcaster. Ustream promises picture quality comparable to that of basic Web streaming, by which they mean “resolutions beyond 640×480 at up to 30 frames per second.”

Well, we know Qik on Android already reliably streams 720×480 pixels at 24 frames per second, so I think we need someone who really knows their livestreams — i.e. not me — to do a head-to-head test of Qik vs Ustream once both apps are available. I’ll be glad to blog it.

You can request a copy of Ustream’s beta version of the HQ app by mailing [email protected].

[Images: Qik, Ustream]

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We may soon see Apple’s long-rumored, yet-to-be-announced tablet computer. It looks like chief executive Steve Jobs has plans to demonstrate the product on-stage in January.

A source told The Business Insider that Apple has asked application makers to create apps for a demonstration next month. Those apps need to support full-screen resolution, suggesting an iPhone- or iPod Touch-style device with a larger screen — i.e, a tablet. At the same time, the Financial Times reports Apple has rented a stage at the Yerba Buena Center for the Arts for several days in late January. You do the math.

Piper Jaffray analyst Gene Munster predicted today that there’s a 50 percent chance that Apple will announce the tablet next month. If that happens, he said the device will probably go on sale later that quarter.

The tablet has been the hot topic around Apple for months and months now. Whenever Apple holds an event, everyone wonders, “Will we see the tablet?” It’s supposed to be the focus of chief executive Steve Jobs, after he returned from a health-related absence.

An Apple tablet would certainly face plenty of competition, including Hewlett Packard’s Dreamscreen, the controversial JooJoo (formerly the Crunchpad), and even a super-cheap tablet from the One Laptop Per Child project. But if Apple does demonstrate the tablet, I’m sure of one thing — it will look really, really cool.

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Merry Christmas from Charlie Stross.