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TOP STORIES FOR FRIDAY, AUGUST 05, 2005 Court Upholds University Block on Spammer Lawsuit Questions Accessibility Standards IBM Chips Now Twice as Fast First Charges Filed Under Camcorder Law COURT UPHOLDS UNIVERSITY BLOCK ON SPAMMER A federal appeals court ruled in favor of the University of Texas (UT) in its dispute with White Buffalo Ventures over thousands of spam e-mails sent by the company to students of the institution. In 2003, White Buffalo, which operates an online dating service geared toward UT students, began sending thousands of messages to student e-mail addresses it had obtained through public records. After receiving many complaints from students, the university blocked White Buffalo's e-mails, a move the company said infringed on its First Amendment rights and its rights under the CAN-SPAM Act. A federal judge disagreed with White Buffalo, and the current ruling supports that decision. The three-judge panel of the appeals court found that the institution is within its rights to place restrictions on commercial speech if such restrictions can be shown to legitimately benefit constituents--in this case, UT's students. Observers noted that the court's rejection of White Buffalo's CAN-SPAM argument is important in that it presents a significant roadblock to organizations that would try to use the law to make it easier, rather than more difficult, to send unsolicited e-mail. Inside Higher Ed, 4 August 2005 http://insidehighered.com/news/2005/08/04/ut LAWSUIT QUESTIONS ACCESSIBILITY STANDARDS A lawsuit filed by a former student of Capella University has put a spotlight on questions of accessibility for students with disabilities. Jeffry La Marca, who suffers from learning disabilities, has sued Capella, saying that the university did not meet its obligations under the Americans with Disabilities Act to accommodate his needs. La Marca contends that his requests for software that he could use more easily were turned down and that he was ultimately suspended from the university because of his complaints. The university said that the suspension resulted from La Marca's behavior, which Capella said was inappropriate and abusive. Although some observers believe La Marca is unlikely to win his lawsuit, they said the situation raises a number of complicated questions about what obligations universities do have to meet the needs of learners with special circumstances. Experts agree that few guidelines currently exist, especially for providers of online education and in particular for students with learning disabilities. Appropriate measures to accommodate students with physical handicaps, such as students in wheelchairs or students who are blind or deaf, are easier to identify and put in place than for students, for example, with short-term memory loss. Chronicle of Higher Education, 4 August 2005 (sub. req'd) http://chronicle.com/prm/daily/2005/08/2005080401t.htm IBM CHIPS NOW TWICE AS FAST IBM announced that a new generation of its silicon germanium chips runs at double the speed of the previous generation. Silicon germanium chips offer advantages over straight silicon chips, but because of their higher cost, they have not been as popular as silicon. The new generation promises speeds of 200 GHz, compared to 100 GHz for the old technology, as well as reduced power consumption. Silicon germanium chips are commonly used in cellular phones and other wireless consumer electronics. IBM said that with the new technology, makers of such devices will be able to offer consumers products with longer battery life and added functionality, such as including Wi-Fi and global positioning system (GPS) features in cell phones. ZDNet, 4 August 2005 http://news.zdnet.com/2100-9584_22-5819412.html FIRST CHARGES FILED UNDER CAMCORDER LAW A 19-year-old man from Missouri has become the first person charged under a recently enacted federal law banning the use of camcorders to tape movies in theaters and then make them available online. According to the Motion Picture Association of America, such camcorder piracy accounts for more than 90 percent of movies that are available online prior to their release outside theaters. Curtis Salisbury is charged with taping two movies in theaters and placing them on so-called warez networks, where many pirated movies and songs find their way onto the Internet. From there, pirated content typically ends up on P2P networks. Unlike the majority of people who upload copyrighted content to such networks, Salisbury tried to profit financially from the movies he posted. He is charged with conspiracy, copyright infringement, and two violations of the law banning camcorders in theaters. He faces up to 17 years in prison. Reuters, 5 August 2005 http://news.com.com/2100-1030_3-5819976.html ***************************************************** EDUPAGE INFORMATION To subscribe, unsubscribe, change your settings, or access the Edupage archive, visit http://www.educause.edu/Edupage/639 Or, you can subscribe or unsubscribe by sending e-mail to [EMAIL PROTECTED] To SUBSCRIBE, in the body of the message type: SUBSCRIBE Edupage YourFirstName YourLastName To UNSUBSCRIBE, in the body of the message type: SIGNOFF Edupage If you have subscription problems, send e-mail to [EMAIL PROTECTED] ***************************************************** OTHER EDUCAUSE RESOURCES The EDUCAUSE Resource Center is a repository for information concerning use and management of IT in higher education. 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