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TOP STORIES FOR WEDNESDAY, JANUARY 05, 2005 Appeals Court Turns Down RIAA Again Online Marketer Agrees to Halt Spyware During Litigation University News Service Lets Students Participate 2004 a Great Year for Blogs APPEALS COURT TURNS DOWN RIAA AGAIN The Recording Industry Association of America (RIAA) this week lost the same court battle for a second time, in a different court. Echoing a December 2003 decision by the U.S. court of appeals in Washington, the appeals court in St. Louis rejected the trade group's argument that the Digital Millennium Copyright Act compels Internet service providers to reveal the identities of their customers who are accused of trading copyrighted songs. The court said in its 2-1 decision that in order to obtain users' identities, the RIAA must file "John Doe" lawsuits against those individuals. Filing such lawsuits, which the RIAA has been doing since the Washington ruling, is more costly and time-consuming than its earlier practice of simply subpoenaing identities of suspected illegal file traders. Despite losing its argument a second time, the RIAA said it will continue to seek prosecution of copyright infringement and that its "enforcement efforts won't miss a beat." Circuit Judge Diana E. Murphy, who wrote the dissenting opinion in the St. Louis court, called the process of filing individual lawsuits "cumbersome and expensive" and said the courts' rulings impose unnecessary hurdles to the protection of copyrighted material. San Jose Mercury News, 4 January 2005 http://www.siliconvalley.com/mld/siliconvalley/10565129.htm ONLINE MARKETER AGREES TO HALT SPYWARE DURING LITIGATION Alleged spyware kingpin Sanford Wallace has agreed to stop distributing spyware pending the resolution of charges filed against him and two of his companies by the Federal Trade Commission (FTC). In October, the FTC charged Wallace with deceptive trade practices, saying that Wallace's companies, Seismic Entertainment Productions and SmartBot.Net, distributed software that was secretly installed on users' computers. The software would cause problems on computers where it was installed and would then display pop-up ads for programs to remove the spyware. Under an agreement filed with the U.S. District Court in New Hampshire, Wallace, who does not admit guilt, does agree to halt the practice of secretly installing spyware while the litigation is proceeding. Wallace and his companies are still allowed to display pop-up ads. Reuters, 4 January 2005 http://www.reuters.com/newsArticle.jhtml?&storyID=7235820 UNIVERSITY NEWS SERVICE LETS STUDENTS PARTICIPATE An online news service hosted by the University of Michigan at Ann Arbor lets students ranging from high school to graduate school participate in the process of covering news and writing stories. Called Highestwire, the service allows students to post articles, including photographs or even audio files, on virtually any topic. According to the Highestwire Web site, "As long as you're writing good stuff, you're all right with us." Recent articles have addressed such issues as the 2004 presidential election, the strike in the National Hockey League, the war in Iraq, and the cost of a college education. Articles on the site are subject to simple editing, but the site is looking for "news with a voice," according to Karen B. Schwartz, editor in chief of Highestwire and a graduate student at Columbia University. The project includes two other editors, one in Michigan and the other in Cambodia, who receive small stipends for their work. In addition to support provided by the University of Michigan, other funding comes from the Civics Institute, a Michigan nonprofit. Chronicle of Higher Education, 7 January 2005 (sub. req'd) http://chronicle.com/prm/weekly/v51/i18/18a03702.htm 2004 A GREAT YEAR FOR BLOGS According to a new survey by the Pew Internet and American Life Project, readership of blogs jumped significantly in 2004, as did the use of RSS aggregators. The survey indicated that blog readership rose 58 percent last year, with 32 million Americans now reading blogs. Eight million Americans have created a blog, according to the survey. RSS aggregators, which compile information from blogs and other online news sources based on user preferences, also saw significant increases, with six million Americans now using those tools. The increased use of such immediate tools as blogs and RSS in 2004 is attributed in part to close following of the U.S. presidential election. Those who have created blogs were found--on average--to be young, male, college-educated, and Web-savvy. Although many blog readers fall into similar demographic categories, much of the rise last year was among women and minorities. Despite the higher profile of blogs and increased use, more than 60 percent of those surveyed said they had not heard of blogs. BBC, 4 January 2005 http://news.bbc.co.uk/2/hi/technology/4145191.stm ***************************************************** EDUPAGE INFORMATION To subscribe, unsubscribe, change your settings, or access the Edupage archive, visit http://www.educause.edu/Edupage/639 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] ***************************************************** OTHER EDUCAUSE RESOURCES The EDUCAUSE Resource Center is a repository for information concerning use and management of IT in higher education. 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