Everyone's acting like Rocketboom's producer and ex-host have gone their separate ways, as if the fight is over. But it's just about to begin.

Remember that Amanda Congdon says she still owns 49% of the popular video blog, and that this deal is in a written contract "registered with the bank." Andrew Baron seems to hold that she forfeited her 49% by leaving the show.

Andrew Baron blogged that any dispute over the show's ownership is "a case for a professional mediator or a case for the courts."

After the jump, Amanda and Andrew both tell me their case is the winning one.

I asked Amanda how she would respond if Andrew took the case to mediation or court. "I won't wave [sic] any of my rights," she replied. "I am moving forward. I hope Andrew will too."

Then I asked Andrew if he indeed meant to use a mediator or court to determine Amanda's share of Rocketboom. His reply: "Not sure. Amanda has not made any claims and I'm a bit busy to deal with it right now. I know what to expect legally from this and its no big deal; this is just a minor glitch."

She won't waive her rights, he sees her as a minor glitch. Yep, these two are headed for a showdown. If Rocketboom pulls in more $80,000-per-week ad deals, that contested 49% will be worth fighting for. And then we'll need to add a track to the Rocketboom mix CD.

Earlier: Holy media bubble! Amanda Congdon hits TIME Magazine, CNET, and MSNBC in one night

• Days after a Los Angeles plaintiff relented on a lawsuit against Microsoft's Windows Genuine Advantage program, a group of Washington users sued over the same program, which arguably counts as spyware. The claim looks reasonable, though Microsoft says it's meritless. [Seattle Times]
• The record industry, which always does these things in groups, will take a break from suing children and the elderly to sue Yahoo China. The basic thrust is that Yahoo helps its users find pirated music. In the U.S., that sort of linking is safe, but the music heavyweights are exploiting China's tougher Internet laws. [Boing Boing]
• And, of course, another site sued Google for its poor search ranking. This case gets press just for not being thrown out of court. The irony? The plaintiff is a search engine, and its suit claims it can't get any traffic without that sweet Google rank. Why this company's setting itself up for a public execution is anyone's guess. [CNET]

A 14-year-old girl who says she was sexually assaulted by another user of MySpace.com sued the social networking Web site Monday, claiming it does not take sufficient steps to protect underage members.

The girl says a 19-year-old man lied in his profile about being a senior on a football team to gain her trust and phone number.

Yes, only stricter protections will keep those dirty old 19-year-olds, ravenous for youthful flesh, from prowling amongst younger teens.

Look, kid, just because your dream boy turned out to not be a high school football hottie doesn't mean MySpace will cut you a $30 million check. You think this company is new to tawdry lawsuits? It's based on tawdry lawsuits.

Girl, 14, sues MySpace.com alleging assault [AP News]

So you know Dixon Doll? He invested in Bram [Cohen]'s BitTorrent business. Anyway, a Texas law firm is putting together a huge patent infringement case that will likely screw up the company's plans. Two - three months is the timeframe.

Nothing else about this story has come together yet, so don't go picking sides just yet. But if you know more of the story, tell tips@valleywag.com.

Karen Kramer from TiVo tried to Cease & Desist one of our customers today. We have a feature called PhotoRank that lets anyone (SmugMug customer or not) rank a photo by clicking thumbs up & thumbs down icons.

Apparently, TiVo thinks they own all use of the concept of a thumbs up being positive and a thumbs down being negative. Shaking in my boots (ha!), I went to the USPTO and discovered that they do, indeed, have trademarks on 'Thumbs Up' and 'Thumbs Down'.

But they're very narrow trademarks, specifically for interactive television and remote controls:

http://tess2.uspto.gov/bin/showfield?f=doc&state=qo3bti.2.39
http://tess2.uspto.gov/bin/showfield?f=doc&state=qo3bti.2.40

How exactly does SmugMug have anything to do with interactive television or remote controls? I wonder if Digg or any of the other bajillion sites using thumbs up / down are getting C&D'd too?

Valleywag will ask the founders of Digg and Consumating tonight, if Valleywag is still sober enough to talk.

Given the newsworthiness of these photos, there's a strong policy protecting websites that post them for news purposes. Both the Apple v. Does case that EFF won and the Bartnicki v. Vopper case before the Supreme Court strongly defend the media's right to report this kind of information and defend the confidentiality of the sources that provide it.

As to the tipsters, the liability for them would depend on each individuals' circumstances. It's funny, though, that Facebook is the one sending the C&D and complaining here instead of the actual individuals in the photo. One wonders if the individuals even care or perhaps enjoy the additional publicity since they were willing to publicly publish the photos in the first place.

Since most of Gawker and Wonkette's Facebook profile analysis went like "He's a drinker! Mr. Drunky-pants, right there!" — and since these are college students — one guesses "the individuals" don't give a damn.

Earlier: Facebook C&D's Gawker for showing super-secret profiles [Valleywag]

Last week, Valleywag's big sister Wonkette posted highlights from Bryan "Son of Bill" Frist's Facebook profile. And yesterday, big sister Gawker published a Facebook pic of publisher Anna Wintour's daughter Bee. And yesterday, Facebook sent Gawker Media a cease-and-desist.

No idea who first bitched to whom, but maybe Wintour or Frist called in a favor. Or maybe Facebook finally noticed that we at Gawker Media love us some Facebook info — like that of Bob Kerrey, Sarah Huckabee, Phil Alito, Luke Russert, and fake writer Kaavya Viswanathan.

Are Facebook profiles private? (If they were, what fun would they be?) Best of luck to the poor kids who forwarded these — according to the full cease-and-desist letter after the jump, they could get booted off the site, and end up broken and hopeless on MySpace.

> >> ————— Forwarded message —————
> >> From: legal
> >> Date: Jun 5, 2006 11:07 PM
> >> Subject: Notice of violations of privacy, copyrights and terms of
> >> service
> >> To: Nick [at] gawker.com, jessica [at] gawker.com, david [at] wonkette.com,
> >> alex [at] wonkette.com
> >>
> >>
> >> Attached please find a notice of violations of privacy, copyrights
> >> and terms of service related to Gawker Media's unauthorized
> >> publication of personal and copyrighted information of users of
> >> www.facebook.com.
> >>
> >> Regards,
> >> Facebook, Inc.
> >>
> >> Address for notices:
> >> Facebook, Inc.
> >> 156 University Avenue, Suite 300
> >> Palo Alto, CA 94301
> >> Fax: 650-543-4801
> >> Email: legal [at] facebook.com