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TOP STORIES FOR MONDAY, SEPTEMBER 08, 2003 Judge Allows Pop-Up Ads EFF Urges Users to Pass Up RIAA's Amnesty Offer RIAA Files 261 Lawsuits Two Consortia Strike Pricing Deals with Microsoft Three Asian Countries Plan Windows Competitor JUDGE ALLOWS POP-UP ADS A federal judge has ruled in favor of desktop advertising companies, stating that pop-up advertising does not infringe on the trademarks and copyrights of Web site publishers and holding individual users responsible for downloading software that drives pop-up ads. The case concerned U-Haul moving company's allegation that WhenU violated its copyrights and trademarks by displaying pop-up advertisements when a user visited the U-Haul Web site. Although he issued the first ruling granting adware companies the legal right to serve pop-up ads, U.S. District Court Judge Gerald Bruce Lee noted that "we computer users must endure pop-up advertising along with her ugly brother unsolicited bulk e-mail, spam, as a burden of using the Internet." Internet News, 8 September 2003 http://www.internetnews.com/IAR/article.php/3073741 EFF URGES USERS TO PASS UP RIAA'S AMNESTY OFFER The Electronic Frontier Foundation (EFF) has issued a statement warning users against accepting the recording industry's anticipated but unconfirmed plan to offer legal amnesty to those who admit to illegal online file sharing, cautioning that users could still face legal action. According to Wendy Seltzer, staff attorney for the EFF, "Stepping into the spotlight to admit your guilt is probably not a sensible course for most people sharing music files online, especially since the RIAA [Recording Industry Association of America] doesn't control many potential sources of lawsuits." The amnesty program is an alternate tactic the RIAA is considering to prevent illegal file sharing, pending the outcome of Congressional hearings on the subpoena provision of the Digital Millennium Copyright Act--the legal basis of the RIAA's subpoena campaign against individual file swappers (see the related story below on the RIAA's filing of 261 lawsuits)--contested by the EFF and other groups that defend privacy rights. PCWorld, 8 September 2003 http://www.pcworld.com/news/article/0,aid,112362,00.asp RIAA FILES 261 LAWSUITS The Recording Industry Association of America (RIAA) has filed 261 lawsuits against alleged file swappers, charging the individuals with "egregious" copyright infringement. Those targeted were supposedly sharing 1,000 songs or more through file-swapping networks. The lawsuits are the first time that copyright laws have been used on a large scale against individual Internet users, and the RIAA has promised to file thousands more in the next couple of months. Despite the RIAA's legal warnings, file swapping on services such as Kazaa have continued at a brisk pace, reflecting a finding by the Pew Internet and American Life Project that 67 percent of people downloading music do not care whether the music was copyrighted or not. Violators can be held liable for up to $150,000 per violation, although few of the suits are expected to go to trial. Many defendants are expected to settle with the RIAA, as did four students the RIAA previously sued, and several have already agreed to preliminary settlements of around $3,000 apiece. In tandem with the lawsuits, the RIAA has been considering a "Clean Slate" amnesty program that will allegedly protect file sharers who admit to illegal file swapping and pledge to stop. Both the lawsuits and the amnesty program have come under attack from various sources, including the Electronic Frontier Foundation. (See the related story, above.) ZDNet, 8 September 2003 http://zdnet.com.com/2100-1104_2-5072564.html TWO CONSORTIA STRIKE PRICING DEALS WITH MICROSOFT Many California college students can take advantage of a deal on Microsoft software, potentially saving up to 64 percent off retail prices, thanks to a new licensing and online-sales agreement Microsoft Corporation has struck with two higher education consortia. The Foundation of California Community Colleges and the Association of Independent California Colleges are the first consortia to benefit from Microsoft's strategy to court the higher education market. Many students currently opt for unlicensed copies of Microsoft software rather than pay academic-retail prices, a trend Microsoft hopes to change by enticing students to buy software with low prices. To appeal to colleges and universities, Microsoft has contracted with e-academy Inc. to operate the online store, thereby eliminating the administrative hassles institutions typically associate with licensing student software. Under Microsoft's Student Select licensing program, students pay a one-time fee for unlimited software use. In addition, faculty and staff of those institutions that agree to an annual licensing fee can obtain software at even lower prices than those offered to students. Chronicle of Higher Education, 8 September 2003 (sub. req'd) http://chronicle.com/prm/daily/2003/09/2003090802t.htm THREE ASIAN COUNTRIES PLAN WINDOWS COMPETITOR China, South Korea, and Japan are jointly researching an open-source software computer operating system to compete with Microsoft Windows. Current alternatives, such as Linux, will be explored rather than attempting to build a new system from scratch. The intent is to offer alternatives to Windows that will allow manufacturers more choice and help insulate the countries� systems against cyberattack. The Japanese government, which spearheaded the project, has already earmarked one billion yen ($85.5 million). Top officials of the ministries of trade of the three countries will meet later in September to further discuss the project. BBC, 8 September 2003 http://news.bbc.co.uk/2/hi/technology/3090918.stm ***************************************************** EDUPAGE INFORMATION To subscribe, unsubscribe, or change your settings, visit http://www.educause.edu/pub/edupage/edupage.html 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] For past issues of Edupage or information about translations of Edupage into other languages, visit http://www.educause.edu/pub/edupage/edupage.html ***************************************************** OTHER EDUCAUSE PUBLICATIONS EDUCAUSE publishes periodicals, including "EQ" and "EDUCAUSE Review," books, and other materials dealing with the impacts and implications of information technology in higher education. 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