The Channel logo

Articles about Court

A businessman in handcuffs

IT boss 'set up fake companies to charge his employers $2.4m'

A former lead systems engineer with a US software development company has been accused of laundering $2.4m (£1.8m) in an IT consulting scheme. The office of the Texas Attorney General has filed 11 counts of fraud and money laundering against Albert Shih-Der Chang, who worked at One Technologies, a Dallas-based firm that …
Shaun Nichols, 22 Jul 2016

Bosses at UK infosec biz Quadsys confess to hacking rival reseller

Five men working at UK-based IT security reseller Quadsys confessed today to hacking into a rival's database. Owner Paul Streeter, managing director Paul Cox, director Alistair Barnard, account manager Steve Davies and security consultant Jon Townsend appeared before the beak at Oxford Crown Court. "All pleaded guilty to …
Paul Kunert, 21 Jul 2016

Everyone's favorite infosec biz – Blue Coat – must cough up $40m to rival in patent rip-off row

Blue Coat has lost its appeal challenging a nearly $40m patent infringement lawsuit brought by rival security company Finjan. The California Northern District Court upheld the 2015 jury decision awarding $39,528,487 to Finjan for infringement by Blue Coat on five of its patents: 6,804,780 identifying downloadable files 6, …
Shaun Nichols, 20 Jul 2016
European commission photo via Shutterstock

UK 'emergency' bulk data slurp permissible in pursuit of 'serious crime'

Bulk collection of data from phone calls and emails by carriers acting under government orders could be permissible in the pursuit of “serious crime”. That’s the preliminary ruling in a case brought by Brexit chief minister David Davis against PM Theresa May before the European Union’s highest court. The ruling suggests bulk …
Gavin Clarke, 19 Jul 2016

Software can be considered 'goods' for purpose of commercial agent rules – High Court

Software suppliers can be forced to pay damages to self-employed intermediaries they contract with to promote their products under UK commercial agents regulations, according to a recent High Court ruling. The High Court ordered Computer Associates UK Ltd (CA) to pay The Software Incubator (TSI) £475,000 in compensation under …
OUT-LAW.COM, 19 Jul 2016
Privacy image

Cloud giants demand overhaul of America's privacy rules on overseas servers

Technology trade organizations have urged the US Congress to replace the country's antique privacy protection laws – after a New York court stopped American prosectors from seizing emails from servers offshore in Ireland. A Second Circuit Court in the so-called "Irish Warrant" case, brought by Microsoft against the US …
Andrew Orlowski, 15 Jul 2016

Server techies 'stiffed on overtime pay' banned from ganging up on HP

Hewlett-Packard has succeeded in breaking up a class-action lawsuit brought by its tech support workers who say the IT giant stiffed them on overtime pay. In an order [PDF] handed down yesterday, Judge Beth Labson Freeman said the enterprise field-support technicians can't band together against the Palo Alto goliath, and must …
Shaun Nichols, 14 Jul 2016

Microsoft wins landmark Irish data slurp warrant case against the US

Updated Microsoft has won a landmark legal action against the US government over protecting the privacy of non-US citizens on non-US servers. The appeals court decision invalidates a key legal tool the US government uses to apply extraterritorially. The software company voluntarily put itself in contempt of court by challenging Uncle …
Andrew Orlowski, 14 Jul 2016

Don't doubt it, Privacy Shield is going to be challenged in court

Analysis The European Union's attempts to make data transfers to the United States compliant with privacy laws are an opaque exercise, so much is obvious, but will they work? It's clear that it is necessary to retain the Transatlantic data trade – in economic terms, but also as a means of preventing the Balkanization of the internet. …

Mike Lynch's cybersec biz Darktrace hoovers up $65m in VC dosh

Darktrace, the machine-learning cybersec outfit backed by one-time Autonomy CEO Mike Lynch, has pulled in another $65m in VC funding. Lynch previously founded enterprise search firm Autonomy, which was sold to HP and ultimately cost that company $8.8bn in impairment and other charges. This led Patrick White, the head of start- …

Larry Ellison, Oracle and litigation: A business that's not a business

Analysis Oracle's chalked up yet another stunning courtroom loss. In May, the database giant failed in its bid to have Google stump up $9bn on Android and stake a sweeping claim over APIs and how they're broadly used. And now, this week, Oracle was ordered to pay Hewlett-Packard Enterprise (HPE) $3bn for reneging on a commitment to …
Gavin Clarke, 01 Jul 2016
Titanic, image via shutterstock

Jury awards US$3 BEEELION to HPE in Oracle/Itanium lawsuit

Oracle is set to appeal a decision which, if it stands, will require Big Red to make a US$3 billion contribution to HPE's top line. HP launched the action in Oracle's 2011 decision to quit developing software for Intel's Itanium processors. Oracle believed there was no future in the Itanium architecture, but HP pressed ahead …
A man refusing

No means no: Windows 10 nagware's red X will stop update – Microsoft

Microsoft will change the controversial way it has been force-feeding people Windows 10 upgrades. The Redmond spreadsheet maker said that when someone clicks on the red "X" to close its infamous your-Windows-10-upgrade-is-ready pop-up, they will actually hold off the installation rather than accept it. One-way dialog ... The …
Shaun Nichols, 29 Jun 2016

'I urge everyone to fight back' – woman wins $10k from Microsoft over Windows 10 misery

A California woman has won $10,000 from Microsoft after a sneaky Windows 10 update wrecked the computer she used to run her business. Now she's urging everyone to follow suit and "fight back." Teri Goldstein – who manages a travel agency in Sausalito, just north of San Francisco – told The Register she landed the compensation …
European flag with sad face

Intel still chip, chip, chippin' away at the European Commission's anti-trust fine

Intel's rearguard action to avoid a billion-Euro-plus fine continued this week in a Luxembourg court, with the company arguing that the 2009 European Commission penalty was unfair. The ancient spat – it began with an October 2000 complaint by AMD – concerns whether or not rebates Intel paid to OEMs to use its processors …
Cartoon of employee asking wky boss makes hium wear suspenders (while pincer through open trapdoor remains poised above his head) illustration by Cartoon resource for Shutterstock

Hey cloud lawyer: Can I take my client list with me?

You spend months or years building up a client list for your employer. You nurture the relationship and build up personal ties with the client. When you leave the employer, naturally the client goes with you. And so does the client list, via a USB stick or Dropbox or your webmail account. If you don’t get all the details before …
Frank Jennings, 20 Jun 2016
Pennies in a jar. Photo via Shutterstock

Stopped buying Oracle's kit? You've literally decimated its profit

Oracle is talking up soaring sales for its cloudy operations – while the IT giant's profit has taken a big hit over the past 12 months. "We dramatically overachieved again in the cloud," gushed co-CEO Safra Catz in a conference call with analysts, putting her bruised revenue and net income figures aside. "As the business grows …
Shaun Nichols, 17 Jun 2016
Cash in brown paper envelope CC 2.0 attribution StockMonkeys.com

Ex-SAP exec and pals accused of $500,000 insider trading scam

A former SAP executive and his associates allegedly ran an insider trading ring to net hundreds of thousands of dollars. Chris Salis was, until recently, global vice president and general manager for procurement at SAP. US financial watchdog the SEC claims he used his inside knowledge of SAP's takeover of Business Objects in …
Iain Thomson, 16 Jun 2016
JC Boyle saluting device patent

Patent trolls, innovation and Brexit: What the FT won't tell you

Opinion In 2017, the EU is going to open the Unified Patent Court. This court will make it much easier for patent trolls and corporations in the US – armed with dodgy patent applications and IP attorneys – to reach into the UK and strangle your startup at birth. Think about it. Last week the Financial Times reported that two-thirds of …
Andrew Fentem, 15 Jun 2016

Post-Safe Harbor: Adobe fined for shipping personal info to the US 'without any legal basis'

A German regulator has fined three companies for failing to change the way they share people's personal information following the invalidation of the Safe Harbor agreement last year. The Hamburg Data Commissioner fined Adobe €8,000 ($9,084), Pepsi subsidiary Punica €9,000 ($10,220) and Unilever €11,000 ($12,491) because they …
Kieren McCarthy, 07 Jun 2016
Raining money

'We accidentally hit wrong button on Dell buyout – here's $194m for the cockup'

Some former Dell shareholders can thank a voting mishap for an upcoming windfall. Investment house T Rowe Price says it will refund its clients $194m in value lost when it mistakenly supported Dell's 2013 private buyout at a deflated price. According to the finance company, a "voting error" led it to sign off on the proposed …
Shaun Nichols, 07 Jun 2016
Larry Ellison and Nikita Khan

That didn't take long: Shareholders sue Oracle in 'fake cloud sales' row

Just days after Oracle was sued by an ex-employee, who accused the IT giant of making up its cloud sales figures, its shareholders are now hauling the company into court. A complaint [PDF] filed on behalf of Oracle stockholders by investor Grover Klarfeld alleges that the database goliath put their investments in the company …
Shaun Nichols, 06 Jun 2016
European Union Flag

Brexit: UK gov would probably lay out tax plans in post-'leave' vote emergency budget

The UK government would be likely to have an "emergency" budget shortly after next month's EU referendum if there is a "leave" vote. It would use that budget to give clarity on its priorities for changes to the tax regime. Its proposed changes to the corporate tax regime would be influenced by the eventual trading relationship …
OUT-LAW.COM, 06 Jun 2016
Lawyer up

Oracle to sue cloud sales 'whistleblower' for 'malicious prosecution'

Oracle isn't known as a shrinking violet when it comes to legal battles, and it's coming out swinging over allegations that it was playing fast and loose with its cloud revenue reporting. On Wednesday, Svetlana Blackburn filed a lawsuit with the US district court in San Francisco claiming that she was fired from the company …
Iain Thomson, 02 Jun 2016

Oracle pulled made-up cloud figures out of its SaaS – whistleblower

An ex-Oracle staffer claims she was fired for refusing to keep quiet about the database giant's exaggerated cloud sales. On Wednesday, Svetlana Blackburn filed a whistleblower lawsuit with the US district court in San Francisco, alleging that she was dismissed on October 15 last year – two months after being given a positive …
Iain Thomson, 02 Jun 2016
Titanic, image via shutterstock

That sinking feeling: Itanic spat's back as HPE Oracle trial resumes

Oracle is back in court, this time fending off a $3bn case brought by Hewlett Packard Enterprise. A week after it lost to Google on Java, Oracle is now resuming its fight with HPE over damages relating to HPE's claims that Oracle back-tracked on a commitment to put its software on HP servers running Intel’s Itanic chips. HPE …
Gavin Clarke, 01 Jun 2016
Michael Dell, photo: Dell

Michael Dell bought his PC biz for a bargain, must get checkbook out for stiffed shareholders

A small number of former shareholders in Dell could be getting a sizable payout after a Delaware court ruled the IT biz was undervalued when it went private. Delaware Vice Chancellor Travis Laster ruled that the fair price for the company's shares at the time it went private was $17.62 per share, 22 per cent more than the $13. …
Iain Thomson, 31 May 2016
Sorry we're closed

'Grey tech' broker DP Data Systems has gone titsup

DP Data Systems has given up the ghost just months after committing to quit the grey market in favour of “authorised” tech. The company’s website stated, “Sorry we have now ceased trading”. Suppliers and customers were then directed to email addresses of the firm's accounts and credit control departments respectively. Back in …
Paul Kunert, 25 May 2016
Privacy image

Committees: Wait! Don't strap on the Privacy Shield yet

The revelations by rogue NSA sysadmin Edward Snowden in 2013 caused indignant EU politicians to open a dialogue with the US government to update the data transfer regime to safeguard personal data. The Privacy Shield is the culmination of those discussions. The US's hands-off approach has always differed from the EU's …
Frank Jennings, 24 May 2016
management regulation2

Quadsys Five: Judge dismisses abuse of process application

A Crown court judge has dismissed an abuse of process application made by three former directors of reseller Quadsys, who are facing trial over allegations of hacking into a rival’s database to steal customer and pricing info. In August, Thames Valley Police charged five men at the reseller including owner Paul Streeter, MD …
Paul Kunert, 13 May 2016
Nexsan_BEAST

Nexsan sues EMC in tussle over Unity name

EMC is being sued by Nexsan, which claims the storage goliath is trying to rip off its Unity trademark. EMC is also trying to force Nexsan to give up the Unity name, it's alleged. Nexsan, the renamed Imation, launched its Unity array on April 26 only to see EMC launch its own Unity, the updated VNX/VNXe product line, on May 2 …
Chris Mellor, 09 May 2016
watching_648

EMC says Pure Storage dedupe is both in-line and post-process

EMC has won $14m in damages because Pure, it claimed, infringed its patented inline deduplication – yet it is also claiming Pure’s deduplication is not inline in a “Pure Top Ten Lies” document. According to Pure, Hopkinton is arguing in a Massachusetts District Court case1 concerning recruitment of EMC employees by Pure, that …
Chris Mellor, 09 May 2016

How 'flexible' can the UK actually be on EU data protection law?

If EU member states can, by law, exercise legislative “flexibility” when implementing 50+ Articles of the General Data Protection Regulation (GDPR), how can the regulation ever become harmonised across European Union? Pose this important question another way: given that the UK government intends to use legislative flexibility …

Tweak Privacy Shield rules to make people happy? Nah – US govt

The US government has poured cold water on the idea of making changes to the new Privacy Shield agreement that will cover transfers of people's private data between the US and Europe, potentially putting the entire agreement at risk. Under secretary of commerce for international trade, Stefan Selig, told Reuters that the US …
Kieren McCarthy, 20 Apr 2016

Why we should learn to stop worrying and love legacy – Fujitsu's UK head

Interview In the UK, IT Godzilla Fujitsu is perhaps best known for its unwieldy public sector contracts, being responsible for running a sizeable chunk of the government's legacy technology. Indeed most of its UK and Ireland revenue has historically come from the public sector, some 70 per cent at the beginning of the last Parliament in …
Kat Hall, 15 Apr 2016
Brad Smith

Microsoft sues US DoJ for right to squeal when Feds slurp your data

Microsoft has sued the US Department of Justice (DoJ) over the software giant's right to alert users when their personal data has been accessed by cops and Feds. Redmond chief legal counsel Brad Smith announced on Tuesday that Microsoft will seek [PDF] a legal declaration confirming that it should not be silenced by …
Shaun Nichols, 14 Apr 2016
FAIL scrabble by https://www.flickr.com/photos/jeffdjevdet/ CC 2.0 attribution generic

Euro watchdogs give America's data-sharing Privacy Shield an 'F'

Europe's data protection authorities have graded the new Privacy Shield agreement that covers data sharing between the US and Europe a fail. In a formal response [PDF] published Wednesday by the Article 29 Data Protection Working Party, the influential group outlined a number of serious concerns about the agreement, including …
Kieren McCarthy, 13 Apr 2016
Marc Benioff of Salesforce. Pic: Techcrunch

Shareholder rage freezes Salesforce boss Marc Benioff's package

Mark Benioff won’t be getting a pay rise this year thanks to shareholder discontent over the “excessive compensation” of Salesforce management. The CRM-as-a-Service chief exec and co-founder will take home just $1.55m in Salesforce’s fiscal year 2017, exactly the same as last year. Benioff’s potential cash bonus has been …
Gavin Clarke, 12 Apr 2016

Brexit: Time to make your plans, UK IT biz

Analysis The Brexit debate continues and, with the Leave and Remain camps neck and neck, it looks likely that the undecided few will carry the result. It seems that we can expect more headline-grabbing soundbites until the vote on June 23. The polarised nature of this debate is throwing up some interesting oddities, so you might be …
Frank Jennings, 31 Mar 2016
I would vote republican but I crave brains by https://www.flickr.com/photos/clarkmackey/  cc 2.0 attribution generic https://creativecommons.org/licenses/by/2.0/

Zombie SCO rises from the grave again

The Santa Cruz Organisation (SCO) just doesn't know when it's dead: the bankruptcy trustee of the company that thinks it owns Linux is having another try at milking IBM for money. Back in February it looked like this long-running case, which hinges on whether IBM lifted some SCO code and popped it into its own operating …
Simon Sharwood, 30 Mar 2016
Oracle OpenWorld cloud

Oracle v Google: Big Red wants $9.3bn in Java copyright damages

The Oracle v. Google fight over Java took a couple of twists just before the Easter weekend. The database giant now reckons it is owed up to $9.3bn in copyright-infringement damages for Android's use of Java. Meanwhile, the judge in the trial wants to ban Oracle and Google lawyers from scouring jurors' social network profiles …
Chris Williams, 28 Mar 2016

Oracle fires big red Solaris support sueball at HPE

A new outbreak of hostility between former partners Oracle and HPE has seen Big Red fling a flaming sueball at Hewlett Packard spin-out over who has the rights to support the Solaris operating system. The basis of the spat is that an HPE-backed a third company, TERiX Computer, has pitched itself as offering Solaris support but …

EMC drags Pure to court again, claims FlashArray rips off dedupe patent

First, EMC dealt Pure a $14m blow when a court ruled that Pure's FA-300/FA-400 arrays infringed one of EMC's patents. Now the storage giant is suing Pure again – this time over the upstart's newer FlashArray//m systems, which also allegedly infringe the aforementioned data-reduction patent. EMC wants an injunction against its …
Chris Mellor, 21 Mar 2016

Quadsys Five enter 'not guilty' pleas to Crown court charges

The fraud case against five men from security reseller Quadsys will go to trial in September after they pleaded not guilty to allegations of hacking into a rival’s database to plunder customer and pricing data. The individuals charged include MD Paul Cox, owner Paul Streeter, director Alistair Barnard, account manager Steve …
Paul Kunert, 18 Mar 2016
Fly_swatter

Pure swats away EMC patent punch, mulls $14m verdict appeal

Pure Storage has been given a mild slap on the wrist for infringing part of an EMC-owned patent describing deduplication. Mountain View-based Pure was accused of trampling over five EMC patents covering dedupe and RAID technology back in November 2013. The dispute went to a Delaware district court, and then to a jury trial …
Chris Mellor, 16 Mar 2016

How a Brexit could stop UK biz and Europe swapping personal data

Analysis If the UK decides later this year to leave Europe – the so-called "Brexit" – it would have a severe knock-on impact on sharing people's personal data between Blighty and Euro nations. So warns internet governance expert Emily Taylor in a piece for London-based international affairs think tank Chatham House. Taylor warns that …
Kieren McCarthy, 11 Mar 2016
Woman reads book, sips tea on couch. Photo by Shutterstock

Data protection: Don't be an emotional knee jerk. When it comes to the law, RTFM

How many times have you spoken to someone in a call centre who refused to give you information on the basis that the "Data Protection Act" prevents them? Any potential customers in Germany who told you they can’t buy your IT or cloud service because their law prohibits data transfers outside Germany? Has anyone told you that a …
Frank Jennings, 10 Mar 2016

Systemax bleeds cash, reports $100m net loss for 2015

The cost of exiting its North America reseller biz propelled Systemax’s net losses to nearly $100m in calendar 2015 - but European ops might just be finally showing some signs of recovery. The supplier, in the midst of a turnaround strategy, offloaded the Technology Group reseller biz in December to PCM for $14m but then …
Paul Kunert, 09 Mar 2016
Stop Light by Horia Varlan, CC license from Flickr

Broker DP Data Systems calls time on selling grey imports

Manchester-based broker DP Data Systems will no longer trade in “grey” market tech, according to its boss. Of course, this will only be the case once a new home is found for existing inventory already in the warehouse. The company told us it has just “ceased” buying grey market kit, which IT vendors term as any product …
Paul Kunert, 07 Mar 2016

Flinging £700m at courts' IT won't increase efficiency, says NAO

An ambitious plan to modernise Blighty's criminal justice system via a £700m digitisation programme will not cure its increasing inefficiencies, a government spending watchdog report has found. According to a report by the National Audit Office today, the £2bn annual spend on the justice system is "not currently delivering …
Kat Hall, 01 Mar 2016

Opinion

Baby looks taken aback/shocked/affronted. Photo by Shutterstock

Kat Hall

Plans for 2 million FTTP connections in next four years 'not enough'
Microsoft CEO Satya Nadella
Stranded_ships

Chris Mellor

Thousands of layoffs announced as spinning rust enters its death spiral

Features

STRASBOURG, JUNE 29, 2016: The seat of the European Parliament. by Marco Aprile for shutterstock. EDITORIAL USE ONLY
Plan b, image via Shutterstock
EU workers, new markets: post-Brexit pressure on May & Co
Tough question, pic via Shutterstock
Honest mistake with your licensing? Audit police look at it on a 'case by case basis'