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TOP STORIES FOR FRIDAY, DECEMBER 19, 2003 Appeals Court Pulls Subpoena Privilege Tighter Rules for E-Rate Program Civil Suits Against Spammers RealNetworks Files Antitrust Suit Against Microsoft APPEALS COURT PULLS SUBPOENA PRIVILEGE A federal appeals court has ruled against the Recording Industry Association of America (RIAA), saying the Digital Millennium Copyright Act (DMCA) does not compel ISPs to release the identities of suspected file sharers. Verizon Communications had contested the subpoena provision of the DMCA, but a lower court ruled in favor of the RIAA. The appeals court overturned that ruling, saying the DMCA does not explicitly cover peer-to-peer activities that violate copyright. At issue is whether copyright owners or their representatives can obtain identities of suspected copyright violators without filing a lawsuit. The appeals court ruling means that the RIAA can still compel ISPs to disclose users' identities, but only after the trade group files a lawsuit. A statement from the RIAA said the group would continue to pursue lawsuits against individuals, but because of the appeals court ruling, it will no longer be able to warn people in advance that they will be sued. Reuters, 19 December 2003 http://www.reuters.com/newsArticle.jhtml?storyID=4023685 TIGHTER RULES FOR E-RATE PROGRAM The Federal Communications Commission (FCC) has released new rules governing the E-Rate Program in response to allegations of rampant errors and fraud in the system. The program was launched in 1997 to provide financial resources to help schools and libraries gain Internet access, but a variety of reports and internal audits on the program led FCC commissioners to launch an investigation. The new rules are intended to "simplify fund administration, ensure the equitable distribution of monetary support, and to protect against waste, fraud, and abuse," according to FCC Chairman Michael Powell. With the change in rules, organizations that receive funding through the program are prohibited from transferring equipment bought with E-Rate funds to other locations for three years and may not continue to receive funds year after year. A public hearing will be held in February to address outstanding allegations of abuse in the program. Internet News, 18 December 2003 http://www.internetnews.com/xSP/article.php/3290731 CIVIL SUITS AGAINST SPAMMERS A joint investigation by Microsoft and the New York Attorney General's office has resulted in civil lawsuits against some of the world's largest spammers. Those targeted are charged with violations of New York and Washington state laws that prohibit using fraudulent identities and e-mail addresses. The investigation involved setting up "spam traps" using Hotmail accounts; during a two-month period, those accounts received spam e-mails containing 40,000 fraudulent statements. Defendants in the lawsuits include Synergy6, OptInRealBig.com, and Delta Seven Communications, organizations that New York Attorney General Eliot Spitzer said are responsible for more than one billion e-mail messages every week. The lawsuits seek to close down these organizations and force them to pay $20 million in damages. San Jose Mercury News, 18 December 2003 http://www.siliconvalley.com/mld/siliconvalley/7521951.htm REALNETWORKS FILES ANTITRUST SUIT AGAINST MICROSOFT RealNetworks has filed a $1 billion antitrust lawsuit against Microsoft, stemming from Microsoft's bundling of its Windows Media Player with its operating systems. RealNetworks alleges that such bundling illegally uses Microsoft's position in the operating system market to stifle competition in the market for digital media players. Rob Glaser, CEO of RealNetworks, said he believes his company would be "substantially larger today if Microsoft were playing by the rules." A spokesperson from Microsoft called the suit unfortunate and surprising, saying that Microsoft's bundling of its media player is intended to strengthen the features and functionality of the operating systems. New York Times, 19 December 2003 (registration req'd) http://www.nytimes.com/2003/12/19/technology/19soft.html ***************************************************** 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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