Kleargear must pay $306,750 for trashing a complaining customer's credit


The notorious online retailer Kleargear (previously) has been ordered to pay $306,750 in damages (including punitive damages) as well as legal costs to Jennifer and John Palmer. The Palmers wrote an online complaint when they didn't get their Kleargear order, only to have Kleargear send them a bill for $3500 for violating a "nondisparagement clause" in the company's terms of service; when they didn't pay it, Kleargear damaged their credit rating, which ended up sabotaging a house-purchase for the couple. Kleargear claims to be based in France, and refused to participate in the case against them.

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Copyright trolls cut and run at suggestion that they're a front for disgraced firm Guardaley

Now that evidence has surfaced suggesting that Guardaley, a disgraced firm of German copyright trolls, is secretly behind the legal actions of notorious US trolls like Malibu Media, the US plaintiffs are running scared, asking judges to dismiss their cases before they can be dragged into a discovery process that might confirm the link.

Guardaley is seriously toxic in the USA, and any suggestion that they were pulling the strings of US plaintiffs would likely be enough to get any case booted -- and possibly result in sanctions for the lawyers representing the trolls.

The defendants in a case over downloading the B-movie Elf-Man has presented evidence that not only links Guardaley to the suit, but also suggests that Guardaley was one of the seeders of the Elf-Man bittorrent file. In other words, they were sharing the file while acting as representatives for the copyright holders, making the downloads they're suing over authorized, and not infringing.

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FCC Chairman's competition promise means nothing


Cable lobbyist turned FCC Chairman Tom Wheeler has tried to "balance" his attempt to nuke Net Neutrality by promising to override state laws that prohibit cities from setting up their own broadband networks. But it's a largely meaningless gesture: practically every big city in America is locked into a decade-long contractual "franchise" arrangement with a big cable company.

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Turn on your data for one minute, AT&T sticks you with a $750 international roaming charge


Jeff writes, "I learned this week that it's possible to run up a $750 international data roaming bill in one minute on AT&T. I managed to convince AT&T to forgive the charges after two days and 40 minutes of phone calls but the best guess at how this happened is kind of alarming. It seems that AT&T's billing system sometimes bundles US traffic with international traffic." Jeff was driving in the Pacific northwest, near the Canadian border.

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Kleargear ruins customers' credit over online criticism, refuses to honor US judgment


The latest update in the saga of Kleargear (previously) is downright bizarre. Having invoiced unhappy customers for complaining online about their crappy service and then ruined those customers' credit rating, the company now refuses to acknowledge a judgment against them from a US court because they insist that they're located in France and weren't served there.

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Twitter restores @N to Naoki Hiroshima

A long-overdue, happy ending to the saga of @N, the $50,000 username that was extorted out of Naoki Hiroshima by a hacker who tricked Paypal and Godaddy into compromising control over Hiroshima's domains, and threatened to trash Hiroshima's sites unless the @N handle was given over.

Twitter has restored @N to Hiroshima. It's not clear what took so long, nor what it was that turned the tide for Twitter and resulted in the hand-back.

Happy ending: @N has been restored to its rightful owner [Josh Ong/Next Web]

Baybrook Remodelers' cack-handed SEO genius wants our unflattering coverage removed from the net


Remember Baybrook Remodelers, Ken Carney's Connecticut-based construction company who bully and sue disgruntled customers who leave negative reviews on Yelp and other sites? Well, now they've hired an SEO creep called Todd Ramos, who is hassling Techdirt to try and get their post about Baybrook taken down.

Ramos's campaign tactics include smearing Baybrook's victim (referring to her over and and over again as a "crazy woman"), and inventing imaginary conversations with Boing Boing in which we are said to be considering removing our own coverage. For the record, we are not. He also claims that we were hired by Baybrook's victim to post uncomplimentary things about Baybrook (we were not). And he claims to have "600 bloggers and 20000 blog as ranging in pr 4 to 7" through which he will smear Techdirt if they don't remove the post.

The most cack-handed part of this whole thing is that its founder, Mike Masnick actually coined the term "The Streisand Effect" to describe the knock-on publicity that arises from censorship attempts, because the attempt at censorship is often more newsworthy than the information that is under dispute.

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GOP set up phishing sites to trick Democrats into donating to the NRCC


At least 16 fraudulent sites attributed to the National Republican Congressional Committee have been discovered. These sites, whose domains are the names of Democratic candidates, use large type and photos that make them appear to be fundraisers for those candidates, though the small-print text makes it clear that these are actually sites set up opposing their apparent candidates. The NRCC claims these are all fair game and blame Democrats for not registered their candidates' names as for campaign sites. But when there's a site at AnnKirkpatrick.com, with the words ANN KIRKPATRICK FOR CONGRESS and a DONATE button beneath it, and when that DONATE button sends money to Ann Kirkpatrick's GOP rival, the intent to deceive is pretty clear.

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North Carolina's Lake Norman Regional Medical Center charges patient $81,000 for $750 worth of snakebite medicine

Eric Ferguson of Mooresville, NC was given a bill for $89,000 by Lake Norman Regional Medical Center, which treated him for a venomous snake-bite last August. Included in the itemized bill from the hospital was a $81,000 charge for four doses of anti-venom -- the same anti-venom that can be had on Ebay for $750. The hospital and Ferguson's insurer settled for $20,227, of which Ferguson paid $5,400.

Ferguson does not fault the standard of care at the hospital ("beyond phenomenal"), but he is understandably curious about the $80,000+ markup on the medicine with which he was treated. The hospital itself is already under investigation for overbilling.

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Network Solutions not sure if it will opt random customers into $1,850 "domain protection" plan

Are you one of those Old Net Hands who has a domain stashed with the always-terrible Network Solutions (now Web.com)? Time to move it somewhere sensible (I use and recommend Hover): Netsol is moving random domains (they say it's high traffic, high Pagerank sites, but who knows what that means) into a $1850 protection racket -- but don't worry, they're only going to auto-bill your card $1,350 per year, per domain, after the first year. Netsol initially insisted that this would be an opt-out program, then changed their tune and said it would be opt-in. But even if you opt in, $1,850 is an awful lot of cash to charge for setting the REGISTRAR-LOCK bit in a database, and it's unclear why they're charging $1,350 a year to leave it that way. Cory 19

Happy Public Domain Day: works that would enter public domain today, but for copyright extension


Jennifer Jenkins from the Duke Center for the Public Domain writes, "What could have been entering the public domain in the US on January 1, 2014? Under the law that existed until 1978 -- Works from 1957. The books 'On The Road,' 'Atlas Shrugged,' and 'The Cat in the Hat,' the films 'The Bridge on the River Kwai,' '12 Angry Men,' and 'Funny Face,' the musical 'West Side Story' and the songs 'All Shook Up' and 'Great Balls of Fire,' and more -- What is entering the public domain this January 1? Not a single published work."

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Music publishers claim to own "Silent Night" & ripoff indie Youtube singer; ContentID helps them do it

Adam the Alien has a Youtube channel that earns him some money through Youtube's "monetization" service, which inserts ads and gives him a cut of the money. It worked fine until Youtube's notorious "Content ID" system let some of the biggest music publishers in the world lay claim to the copyright in Adam's video, on the basis that his rendition of "Silent Night" belonged to them -- despite having been composed in 1818 and being firmly in the public domain. Once their claims had been laid, all the money his video generated was diverted to them.

The companies that laid claim to Adam's video are the publishing arms of the biggest record labels on the planet -- BMG, Warner/Chappell, and Universal Music Publishing Group -- and they use an automated system to identify videos and claim them. There is no penalty for automatically generated claims over things that the publishers have nothing to do with, and so, unsurprisingly, their copyright bots are fantastically sloppy and operate with little or no human oversight.

It's a perfect storm of stupidity and greed: Google has given the big publishers a platform that rewards fraudulent claims over indie creators' work; the publishers responded by making plenty of such claims, and all the while decrying "piracy" as the great evil of our day.

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TSA confiscates photographer's blower because it could be filled with gunpowder and used as a missile


In a photography forum, Surapon recounts the sad story of how the TSA took away his Giottos AA1900 Rocket Air Blaster, a blower for removing dust from equipment, at an airport in New York.

According to him, he was on his way back to North Carolina from Greece when the TSA flagged his camera-case for manual inspection. The TSA agent reportedly produced the rocket-shaped blower, and then he and a colleague grimly pronounced the dangers of this object, should it be filled with gunpowder and then launched like a rocket through the cockpit.

Since then, Surapon assiduously sliced the decorative fins off his blowers, and has had no further trouble from the TSA.

My New and Improve GIOTTOS Blower-for safety. (Thanks, Visionrouge!)

Porno copyright trolls Prenda Law fined $261K

Things aren't looking good for copyright trolls Prenda Law -- they've been ordered to pay $261K in opponents' fees, and the judge has made all three of Prenda's principles -- Paul Hansmeier, John Steele, and Paul Duffy -- jointly liable for the sum. He also called them liars. They're much worse than that. Cory 9

G4S rips off UK government for £24M, wants to continue receiving government contracts

G4S, the titanic security contractor, has admitted to overcharging the UK Ministry of Justice £24M for its contract to monitor offenders' tracking tags. This is the latest mass-scale cock-up from the wildly profitable firm, whose recent hall of shame includes forging documents in order to deport asylum seekers, catastrophic failure to deliver London Olympics security, and complete mismanagement of a South African prison.

G4S offered to return the money, but the Ministry of Justice rejected the offer.

The firm is anxious to retain its eligiblility to bid on future government contracts, including the private municipal police forces for which it has aggressively lobbied.

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