Paul Is there anything us non-lawyers can do to fight these battles besides give $$$ and sign petitions? I wanna kick some ass but it looks like lawyers gotta fight these battles.
Chris On Wed, Aug 23, 2006 at 01:52:19PM -0700, Paul G. Allen wrote: > A couple of important issues in this one, especially concerning OSS and DRM. > > PGA > > -------- Original Message -------- > Subject: EFFector 19.31: Action Alert - Tell Congress To Let the Courts Do > Their Job > Date: Wed, 23 Aug 2006 14:43:30 -0500 (CDT) > From: EFFector list <[EMAIL PROTECTED]> > Reply-To: EFFector list <[EMAIL PROTECTED]> > Organization: EFF > To: [EMAIL PROTECTED] > > EFFector Vol. 19, No. 31 August 23, 2006 [EMAIL PROTECTED] > > A Publication of the Electronic Frontier Foundation > ISSN 1062-9424 > > In the 392nd Issue of EFFector: > > * Action Alert: Tell Congress To Let the Courts Do Their > Job > * Dangerous Patent Law Ruling Threatens Free and Open > Source Software > * Another DMCA Misuse: Macrovision v. Sima > * miniLinks (17): RIAA Deposes Dead Defendant's Children > * Administrivia > > For more information on EFF activities & alerts: > <http://www.eff.org/> > > Make a donation and become an EFF member today! > <http://eff.org/support/> > > Tell a friend about EFF: > http://action.eff.org/site/Ecard?ecard_id=1061 > > effector: n, Computer Sci. A device for producing a desired > change. > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Action Alert: Tell Congress To Let the Courts Do Their Job > > The courts have spoken -- now Congress needs to leave them > to do their work. > > The EFF and the ACLU have scored significant victories in > obtaining judicial review of the NSA's domestic wiretapping > program. In EFF's case in California, the government's > motion to dismiss on the grounds of state secrecy was thrown > out by the judge. Also rejecting the government's secrecy > arguments, the judge in the ACLU's case in Detroit issued an > order last Thursday demanding an immediate halt to the > program. But Senator Arlen Specter's surveillance bill still > looms on the horizon and could put an end to this vigorous > judicial oversight. > > Take action now -- we've identified one of your Senators as > a key vote that can help stop Specter's dangerous proposal: > <http://action.eff.org/fisa> > > Before recess, Specter and the White House negotiated a sham > "compromise" bill. In addition to significantly weakening > current legal protections against warrantless wiretapping, > the bill would require that any lawsuit challenging the NSA > program's legality be transferred to the FISA Court of > Review, a secret court with no clear procedures for hearing > argument from anyone but the government. > > Senator Specter originally argued that passage of his bill > was the only way to guarantee court review of the NSA > program, but our case and the ACLU's have proven him wrong. > If Congress passes this bill now, effective judicial review > of the NSA program by the federal courts will be brought to > a grinding halt. > > One of your Senators plays a critical role on this bill. > Please call him or her now and urge him or her to oppose, or > abandon support for, Senator Specter's sham "compromise" > surveillance bill, S.2453, as well as Senator DeWine's NSA > spying bill, S.2455. > > For telephone numbers and a quick guide to the talking > points, visit our action center: > <http://action.eff.org/fisa> > > Spread the word to friends and family: > <http://www.eff.org/Privacy/Surveillance/NSA/fisabills/spreadtheword/> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Dangerous Patent Law Ruling Threatens Free and Open Source > Software > > EFF Asks Supreme Court to Protect Open Source Innovation > > San Francisco - The Electronic Frontier Foundation (EFF) has > asked the United States Supreme Court to overturn a > dangerous patent law ruling that could pose a serious threat > to Free and Open Source Software projects. > > In a recent decision, the Federal Circuit Court of Appeals > affirmed its own "suggestion test" as the main method for > determining when a patent should be found obvious over > knowledge in the public domain. Under this test, even the > most obvious incremental advances and add-ons can be > patented unless the Patent Office or a defendant in court > produces a document that shows someone else suggested it > prior to the patent being filed. > > "The Federal Circuit's suggestion test forces litigants to > search through reams of technical papers for a document in > which someone, somewhere, bothers to state the obvious," > said EFF Staff Attorney Corynne McSherry, who co-authored > the amicus brief. "This is inefficient and burdensome, and > contrary to the principles, policies, and standards the > Supreme Court has upheld." > > In its amicus brief filed Tuesday, EFF shows how this > "suggestion test" has led to a massive surge in bogus > patenting, especially in software. These bad patents then > become weapons against legitimate innovators -- especially > those working on Free and Open Source Software projects. > > "Free and Open Source Software projects have become an > integral part of the software industry and our nation's > economy," said EFF Staff Attorney Jason Schultz, a co-author > of the brief. "They often lack the resources or formal > documentation to fight against bogus patents under the > suggestion test, so it is principally important that the > Supreme Court set the appropriate standard to prevent the > approval of bogus patents." > > The case, KSR International Co. v. Teleflex, Inc., and > Technology Holding Co., is scheduled for oral argument in > front the Supreme Court this fall. > > For the full amicus brief: > <http://www.eff.org/legal/cases/KSR_v_Teleflex/ksr_amicus.pdf/> > > For this release: > <http://www.eff.org/news/archives/2006_08.php#004881/> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Another DMCA Misuse: Macrovision v. Sima > > Last week, EFF joined an amicus brief filed in support of > Sima in its battle against DRM-vendor Macrovision. In > essence, Macrovision is trying to leverage the Digital > Millennium Copyright Act (DMCA) into a technology mandate, > forcing all digital video products in the future to respond > to its analog-era DRM system. > > Macrovision's "Analog Copy Protection" (ACP) technology is > intended to degrade the quality of video copies made on > analog VCRs. It does this by intentionally adding noise to > the vertical blanking interval of analog video signals. This > noise confuses the automatic gain control (AGC) circuit used > by analog VCRs. In short, Macrovision's ACP is an exploit > against a weakness in analog VCRs. Thanks to Section 1201(k) > of the DMCA, VCR makers are now forbidden by law from fixing > the weakness, which means that analog VCRs have remained > vulnerable to ACP. In other words, Macrovision's ACP is an > antiquated DRM technology that owes its effectiveness in the > analog world to a government mandate. > > The ACP technology, however, does not confuse digital video > converters, because these converters simply ignore material > in the vertical blanking interval (the vertical blanking > interval was necessary in order to give analog CRT displays > time to reset their electron beams, something entirely > unnecessary for digital displays). Sima's products rely on a > digital conversion as part of their "clean up" process. As a > result, Macrovision's ACP noise is eliminated from the > resulting video outputs. > > Macrovision sued Sima, arguing that "stripping" of ACP noise > from analog video signals constitutes circumvention of a > "copy-protection" technology, and that Sima's devices > therefore violate Section 1201(b) of the DMCA. The district > court granted a preliminary injunction against Sima, which > Sima has now appealed to the Federal Circuit Court of > Appeals. > > Macrovision's legal arguments are bogus for a variety of > reasons, detailed in the amicus brief. But there is a larger > point here, as well -- this is an example of a DRM vendor > trying to use the DMCA to turn its decades-old, analog-world > DRM technology into a digital-age federal technology > mandate. If Macrovision wins, digital video innovators will > be stuck carrying the albatross of Macrovision's analog > noise for years to come. > > For the brief: > <http://www.eff.org/legal/cases/Macrovision_v_Sima/sima_brief.pdf> > > For more on the DMCA: > <http://www.eff.org/IP/DMCA/> > > For the original version of this post: > <http://www.eff.org/deeplinks/archives/004878.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * miniLinks > The week's noteworthy news, compressed. > > ~ RIAA Deposes Dead Defendant's Children > Lawyers allow 60 days for grieving process... > <http://recordingindustryvspeople.blogspot.com/2006/08/riaa-wants-to-depose-dead-defendants.html/> > > ~ Demonstrates an "Abundance of Sensitivity" to the Press > Outrage > ...backing out when the case is publicized. > <http://www.boingboing.net/2006/08/14/riaas_abundance_of_s.html/> > > ~ You typed "Verb." Did you mean: Registered Trademark? > Google(TM) decides that it's not such an everyday word, > after all. > <http://news.independent.co.uk/business/news/article1218805.ece/> > > ~ British Parliament Criticizes Net Companies' Complicity > With China > "We conclude that the collaboration of Western internet > companies in the censorship and policing of the internet for > political purposes is morally unacceptable." > <http://www.openrightsgroup.org/2006/08/13/freedom-of-expression-chinas-internet/> > > ~ EU Mulls Censoring Bomb-Making Sites > ... while EU ministers consider censoring and policing the > European Net. > <http://www.voanews.com/english/2006-08-16-voa24.cfm/> > > ~ Wiretap Manufacturers for More Surveillance > The makers of wiretapping hardware lobby for government- > mandated surveillance. > <http://voipforsmb.tmcnet.com/news/articles/2196-group-works-dispel-misconceptions-calea-compliance-voip.htm/> > > ~ Anonymity Is the Substrate > Ben Laurie on why all identity systems have to have > anonymity as a base level. > <http://www.links.org/?p=123/> > > ~ New York Times on AOL's Data Valdez > "The FTC should uphold the [EFF's] complaint, and send a > clear message that invasions of privacy of this sort will be > punished." > <http://www.nytimes.com/2006/08/21/opinion/21mon2.html/> > > ~ EFF Debates the Search Engine Industry in Wall Street > Journal > "Companies...are in the best position to judge how long > [search] data should be kept", they claim. > <http://online.wsj.com/public/article/SB115530662685133335-HngY8n_NgDIwH6u2m_o815kVaFk_20070814.html/> > > ~ AOL Sacks CTO, Staff Over Data Valdez > ... while AOL decides on a one-year employee retention > policy. > <http://arstechnica.com/news.ars/post/20060821-7551.html/> > > ~ Search Engine Watch > Danny Sullivan looks at AOL's actions and their effect on > the search engine market. > <http://blog.searchenginewatch.com/blog/060815-110202/> > > ~ ATI: DRM Forbids Us From Providing Open Source Graphics > Drivers > "Multimedia elements such as content protection must not, by > their very nature, be allowed to go open source." > <http://news.com.com/2061-10791_3-6104655.html/> > > ~ Intel Motherboards to Get DRM Baked-In > ... while codecs get wired closer to protected video paths. > <http://www.ehomeupgrade.com/entry/2936/intel-s_bearlake_g+/> > > ~ Thirty Days of DRM > Michael Geist on the many checks and balances a Canadian > DMCA law should include. > <http://www.michaelgeist.ca/daysofdrm/> > > ~ Did SABRE Sell American's Passenger Name Records? > American Airlines accuses the global reservation systems of > shilling their users' privacy. > <http://hasbrouck.org/blog/archives/001096.html/> > > ~ Privacy International Announces the 2006 Stupid Security > Competition > Frustrated by security theater? Join the three terminals' > long line. > <http://www.privacyinternational.org/article.shtml?cmd[347]=x-347-541996/> > > ~ "You Just Called..." > Continuing the theme, a Flash movie (with sound) taps the > NSA's thoughts. > <http://www.newsday.com/news/opinion/ny-wh-nsawiretapping,0,1906650.flash/> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Administrivia > > EFFector is published by: > > The Electronic Frontier Foundation > 454 Shotwell Street > San Francisco CA 94110-1914 USA > +1 415 436 9333 (voice) > +1 415 436 9993 (fax) > <http://www.eff.org/> > > Editor: > Derek Slater, Activist > [EMAIL PROTECTED] > > Membership & donation queries: > [EMAIL PROTECTED] > > General EFF, legal, policy, or online resources queries: > [EMAIL PROTECTED] > > Reproduction of this publication in electronic media is > encouraged. Signed articles do not necessarily represent the > views of EFF. To reproduce signed articles individually, > please contact the authors for their express permission. > Press releases and EFF announcements & articles may be > reproduced individually at will. > > Current and back issues of EFFector are available via the > Web at: > <http://www.eff.org/effector/> > > > Click here to change your email address: > http://action.eff.org/addresschange > > This newsletter is printed on 100% recycled electrons. > > > > > -- > Paul G. Allen > Owner, Sr. Engineer, BSIT/SE > Random Logic Consulting Services > www.randomlogic.com > > > -- > [email protected] > http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list > -- _______________________________________ Christian Seberino, Ph.D. 1579 MORENA BLVD #C15 SAN DIEGO, CA 92110-3748 Phone: (619) 573-4233 Email: [EMAIL PROTECTED] _______________________________________ -- [email protected] http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list
