The UpStream

Prenda Law Dealt Another Blow in Appeals Court

posted Sunday Apr 13, 2014 by Scott Ertz

The Prenda Law story has been so ridiculous that I am proud to get to cover it. Prenda is, for lack of a better term, a copyright troll, who files lawsuits against individuals for pirating pornography for which they own the rights. Last year The Pirate Bay, the world's largest torrent list, revealed that they had traced the torrents in question in Prenda's largest lawsuit directly to Prenda, suggesting that they planted these torrents to allow them to file this suit.

Shortly after this revelation, Comcast joined the research, confirming the suspicions that the IP addresses used to list the torrents in question were those of Prenda Law's own John Steele. The IP was also linked to forum members on various sites who had shared pro-Prenda sentiments.

During oral arguments in the US Court of Appeals for the 7th Circuit, Prenda was dealt a series of blows to their case. The three judges overseeing the case continually interrupted Daniel Voelker, the lawyer for Steele, Hansmeier, and Duffy, challenging his statements. Judge Diane Sykes even asked a fairly simple question that would be essential to the case,

Can you describe to me, in 25 words or less, what the relationship is among these various firms: Steele Hansmeier PLLC, Prenda Law, Alpha Law?

This organization was the one identified by Comcast as the owner of the IP address used to upload the torrents, as well as to access John Steele's personal GoDaddy account. Voelker's response did not help his case,

I can't, Your Honor. I don't know. I don't know what it is today, I don't know what it was a year ago.

Sykes responded saying, "That is shocking."

This relationship has been a large issue in previous appeals courts as well as initial trials. It has, in fact, ended Prenda with sanctions from more than one court, including the lower court, which is the case being appealed in this instance. While Voelker tries to accuse the lower judge of making decisions based on facts not in evidence,

{Murphy} found that the attorneys had a 'relentless willingness to lie,' and there's no support for that in the record. He also found that they're 'starving attorneys with shattered law practices.' Those are basically facts that the district court in California found based upon Internet research.

Judge Diane Wood does not seem to agree, however, saying,

Some of these misrepresentations were in front of him, though. There's an overall concern that this was a proceeding in bad faith. It's kind of an attempt to hold up these 6,600 people (and) see who will settle. It's a troublesome record.

So, while the case is far from over, this is not looking good for Prenda, even after just the first day.

GameSpy Shutting Down, Matchmaking for 70 Titles to End Officially

posted Sunday Apr 13, 2014 by Scott Ertz

GameSpy Shutting Down, Matchmaking for 70 Titles to End Officially

At one point, GameSpy was a large provider of online gaming middle-tier software for matchmaking and other services popular among PC games. With a decline in PC gaming during the height of the last generation of consoles and an increase in home-grown services, the market for this type of service dropped significantly. With that, GameSpy has had trouble remaining alive, and will be shutting down their services entirely at the end of May.

Not since Microsoft finally shut down support for original Xbox games have we seen a blackout of high profile games this large. Reddit has been keeping a list of affected games, and the highlights of the list are intense:

  • Battlefield 2142
  • Battlefield 1942
  • Borderlands
  • Civilization IV
  • Crysis
With so many well-known, high-profile titles, there was little chance the Internet was going to let this happen. As we say often, most recently during our Gulf Coast MakerCon coverage, where something sucks, a product is born. The product born, or in this case spotlighted, of this shutdown is a service called GameRanger.

GameRanger has been around since 1999, but has not had nearly the overall need until now. The service matches the capabilities of GameSpy, though some features, such as voice chat, only exist with a premium account. But, for those who continue to play these games, the capability to continue playing, even if it costs you a little per month, is probably worth it, though you could continue playing without the premium account and get creative to fill-in the missing pieces.

Currently, the GameRanger creator seems confident in his service's capabilities - almost. There are a number of games he has concerns about, including Arma 2 and Crysis, but reminds people that the service supports over 500 titles.

GameRanger isn't the only solution to this newfound problem, as Bohemia is working on an Arma 2 support system to replace GameSpy, and they are not the only developer working to patch games to remove the issue. Do you play any of the games affected by the GameSpy shutdown? Let us know in the comments.

Final Approval for Microsoft-Nokia Deal Received

posted Sunday Apr 13, 2014 by Scott Ertz

Final Approval for Microsoft-Nokia Deal Received

Since announcing the Nokia devices business acquisition by Microsoft 7 months ago, the two companies have had a number of hurdles to jump over from various governments around the world. Microsoft seemed to think the hardest issue would be an Indian production plant that was behind on taxes. Unfortunately, after solving that issue, the deal was still not final.

This week, the last of around 16 regulatory approvals was received from the Chinese Ministry of Commerce (MOFCOM), similar to the US Federal Trade Commission. This hold-up delayed the estimated March 23 completion date until this month over anti-trust issues. David Howard, Microsoft corporate vice president and deputy general counsel of Litigation and Antitrust, said of the delay,

There was an important principle with which MOFCOM approached these discussions from the beginning: Any commitments should be focused on how our future conduct might change after we own the Nokia Devices and Services business, and should not impact our licenses signed in the past or historical practices.

Clearly, MOFCOM is now satisfied that Microsoft will continue to support all agreements between both companies and the Chinese government. This would include, against some theories, retaining the newly announced Nokia X series, an Android Open Source Project-based handset whose custom interface is a hybrid between Microsoft's Windows Phone and Nokia's Asha. This new system is designed to be the transitional handset between Asha for emerging markets and Windows Phone for established markets, such as the Chinese wireless market.

With all of the regulatory approvals now completed, we can expect to see the Nokia brand officially join the Microsoft family in short order, with Stephen Elop, current Nokia head, taking over the Microsoft devices business, including Lumia, Surface and Xbox.

PAX Expands South to San Antonio

posted Sunday Apr 13, 2014 by Nicholas DiMeo

PAX Expands South to San Antonio

With PAX East happening this week, obviously everyone involved in gaming is surrounding the event, either in-person or through coverage. At one of the earlier panels, Penny Arcade founders Mike Krahulik and Jerry Holkins officially announced plans to expand PAX to the south with PAX South. The convention will take place January 23rd through the 25th in San Antonio, TX.

This will be the fourth annual expo to be held by Penny Arcade since PAX began in 2004. From what started with just over 3,000 congregating in a Seattle convention center expanded in 2010 to PAX East in Boston and PAX Australia last year. Both shows here in the States usually get around 60,000 fans and tickets are sold out minutes after they go on sale.

Penny Arcade Business Manager Robert Khoo said,

Since its launch in 2004, PAX events have doubled in size almost every year, and our Seattle and Boston events represent the two largest gaming festivals in North America. We've been hearing for years that those in the south had a tough time making it to the northern corners of the country; PAX South has always been a matter of 'when' rather than 'if.'

Khoo even tweeted a picture of a wall of clocks, with an unnamed clock set to the Central Time Zone. Many assumed Chicago would be the next choice, but luckily the folks in the south are now able to have PAX in their backyard.

Khoo also took some time to address some of the issues surrounding Penny Arcade in a recent interview with Polygon. On the topics of rape and gender identity, both founders have said some pretty insensitive things. Congoers sometimes feel out of place at the events, leading to a level of segregation between cosplayers and regular fans, with cosplayers even being publically ridiculed and humiliated. Of course, the parties involved have now apologized for their comments and are trying to make the convention a better place for all people who attend. Krahulik made a public New Year's Resolution to change himself and his company. Khoo said in the interview that, "I really do believe we're done with these incidents" and that exhibitors haven't pulled out of the conventions as a result of the remarks, given the apologies.

Are you excited about PAX South? Are you boycotting all PAX events? The events that have transpired to lead up to public outcry could fill an entire day, so we won't get into all of it here. However, we do want to know what you think in the comments below, so feel free to sound off. For me, I know that if the overall sentiment from PAX East is that the founders have actually done a good job improving the atmosphere and their behavior, then I might be more inclined to attend my first PAX event ever in San Antonio.

More Details on Xbox Original Programming

posted Sunday Apr 13, 2014 by Nicholas DiMeo

More Details on Xbox Original Programming

For the past five years, Microsoft has transitioned from making the Xbox brand just about gaming and focusing it more on being the center of all your family entertainment. And with the announcement of original programming on Xbox One, Microsoft's mission was being carried on into the next generation of consoles. Because of this, Microsoft dove into some details on what we should expect to see on the One starting this summer.

Microsoft's new Xbox TV Studio will roll out a handful of shows starting in June, with another dozen being worked on in the wings. The studio, run by former CBS exec Nancy Tellem, has been working for the past 19 months to put together a compelling lineup that should have something for everyone.

Starting with the obvious one, we already know about the Steven Spielberg-directed Halo show, executive produced by Ridley Scott and David Zucker. That's been the talk of the town since E3. However, what else is in store?

Well, there's a show called Humans, which is a sci-fi thriller about humanoid robot workers. Written by British duo Sam Vincent and Jonathan Brackley, it takes place in a parallel present-day world where everyone has to have the latest gadget called the "Synth," a robotic butler, if you will. As you could guess, the bots become self-aware and might destroy the world. It's like they were watching our Night Cap or something. Microsoft partnered up with UK's Channel 4 to deliver us what should be a great show.

As Tellem tells us,

Humans' not only questions personal relationships, we loved how this sci-fi show toys with reality and our connection to technology. This deal with Channel 4 and Kudos underscores Xbox Entertainment Studios' commitment to programming premium TV series with global partners and creating engaging interactive experiences.

We'll also see the release of Every Street United, an unscripted show surrounding the sport of street soccer. Award-winning producers Simon and Jonathan Chinn will bring us a tech-focused documentary series. Xbox TV Studio will be bringing us live coverage of the entire Bonnaroo Music & Arts Festival, complete with after-performance interviews using Skype. Sarah Silverman and Michael Cera's JASH comedy group has been brought on to deliver both a comedy sketch show and a stop-motion show with Stoopid Buddy Stoodios, the team behind the popular Adult Swim show, Robot Chicken. There's also a pilot ordered for an unscripted series Fearless, where an Australian Navy bomb clearance diver Paul de Gelder suffers lost limbs from a shark attack and tries to help people around the world.

We do know that Every Street United will be offered free to Xbox One and Xbox 360 consoles, but Tellem said that the company is working on the business models for the rest of the content. The good news is that almost every show will have some sort of interactivity, either by using SmartGlass or the multitasking features on the Xbox One.

It looks like the Xbox consoles, specifically the Xbox One, are ready to take on the original content from rivals like Amazon Instant Video, Hulu and Netflix. Which shows are you excited for? Tell us in the comments section below.

Cincinnati Bell Wireless Spectrum Acquired by Verizon Wireless for $210 Million

posted Sunday Apr 13, 2014 by Nicholas DiMeo

Cincinnati Bell Wireless Spectrum Acquired by Verizon Wireless for $210 Million

While it may not be like an AT&T/T-Mobile or Comcast/Time Warner merger, this one surely has a Verizon/Alltel feel to it. That's because this week, Verizon Wireless acquired regional carrier Cincinnati Bell's wireless spectrum for $210 million.

Citing economic challenges in operating a wireless spectrum, Cincinnati Bell dumping off the spectrum to Verizon Wireless gives the second-largest wireless carrier more ability to improve coverage and infrastructure in areas where the company was struggling to maintain a quality network. Greater Cincinnati, Dayton, northern Kentucky and southeastern Indiana are the four key markets who will be affected most by the acquisition, where customers were only getting GSM-based 2G, 3G and HSPA+ speeds across 460 towers.

"We appreciate the loyal support from our Cincinnati Bell Wireless customers over the last sixteen years, and we remain committed to providing them with wireless service and support throughout the transition period," said Ted Torbeck, President and CEO of Cincinnati Bell. Torbeck also mentioned that customers shouldn't worry about taking any action at this time.

While the transaction with Verizon Wireless is under regulatory review Cincinnati Bell Wireless will continue to operate business as usual. There will be no changes or interruptions in your wireless services until sometime during the first quarter of 2015.

For Cincinnati Bell, this deal will finish out the company offering wireless to its customers, which has been a tough market to stay competitive in. CBell had 398,000 wireless customers in 2012 and dropped to 340,000 in December of 2013. When the deal closes some time in the next six months, wireless operations will end for the regional carrier within a year after that.

Until then, Cincinnati Bell will actually lease back several spectrum licenses from Verizon Wireless in order to maintain wireless coverage to its customers before closing up shop on the mobile side. The company will continue to offer TV and broadband, and is currently exploring fiber optic service in the area. "This transaction not only ensures that our customers have access to top-tier wireless service, but it also gives us increased flexibility to meet their growing demand for our Fioptics suite of products," said Torbeck.

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