The Article about the Supreme Court debating software patentability is interesting to say the least.
PGA -------- Forwarded Message -------- > From: EFFector list <[EMAIL PROTECTED]> > Reply-To: EFFector list <[EMAIL PROTECTED]> > To: [EMAIL PROTECTED] > Subject: EFFector 20.09: Action Alert - Support the FAIR USE Act! > Date: Wed, 28 Feb 2007 10:30:03 -0600 (CST) > > EFFector Vol. 20, No. 9 February 28, 2007 [EMAIL PROTECTED] > > A Publication of the Electronic Frontier Foundation > ISSN 1062-9424 > > In the 415th Issue of EFFector: > > * Action Alert - Support the FAIR USE Act! > * EFF Lawsuit Seeks Release of Secret Court Orders on > Electronic Surveillance > * Fight Over Google's 'Sponsored Links' Threatens Internet > Free Speech > * European Anti-Consumer Directive Delayed > * Progress on WIPO Development Agenda > * Fair Use Has a Posse - Now With Insurance! > * RIAA to Parents: Pop-Ups + Viruses = Piracy! > * Colleges Struggle to Cope With Flood of Copyright > Complaints > * LA Times: Start Blanket Licensing, Stop Blanket Lawsuits > * miniLinks (12): Supreme Court Debates Patentability of > Software > * 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 - Support the FAIR USE Act! > > A critical copyright reform bill has just been introduced > in the House, and we need your help to push it through. > Reps. Rick Boucher and John Doolittle's FAIR Use Act would > remove some of the entertainment industry's most draconian > anti-innovation weapons and chip away at the Digital > Millennium Copyright Act's (DMCA) broad restrictions on > fair use. Take action now and tell Congress to help restore > balance in copyright now: > <http://action.eff.org/site/Advocacy?id=271> > > Technology companies play a game of Russian roulette > whenever they create products with both infringing and non- > infringing uses. Current "secondary liability" standards > don't provide enough certainty, and if innovators guess > wrong, they can be hit with statutory damages as high as > $30,000 per work infringed. When it comes to mass-market > products like the iPod or TiVo, damages could run into the > trillions of dollars -- more than enough to bankrupt anyone > from the smallest start-ups to the biggest companies. > Unlike in other areas, the private assets of corporate > officers, directors and investors are not shielded from > liability in copyright cases. > > The FAIR USE Act would limit the availability of statutory > damages for secondary liability and allow innovators to > make more reasonable business decisions about manageable > levels of legal risk. Meanwhile, copyright owners could > still get injunctions and actual damages for harm suffered, > putting them in no worse a position than civil litigants in > most other areas. > > The bill would also codify the Supreme Court's "Betamax > doctrine" as it pertains to hardware devices, making clear > that manufacturers cannot be held liable based on the > design of technologies with substantial non-infringing > uses. > > Finally, the bill would loosen the grip of the DMCA, which > restricts circumvention of digital rights management (DRM) > restrictions even for lawful uses. The FAIR Use Act adds 12 > exemptions, including the ability to circumvent for classic > fair use purposes like news reporting, research, > commentary, and criticism. > > Broader DMCA and copyright reform remains absolutely > necessary, but, if passed, this bill would be a big step in > the right direction. Take action to support it now: > <http://action.eff.org/site/Advocacy?id=271> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * EFF Lawsuit Seeks Release of Secret Court Orders on > Electronic Surveillance > > Justice Department Withholds Records About Purported > Changes to Program > > Washington, D.C. - The Electronic Frontier Foundation (EFF) > filed suit against the Department of Justice, demanding > records about secret new court orders that supposedly > authorize the government's highly controversial electronic > surveillance program that intercepts and analyzes millions > of Americans' communications. > > When press reports forced the White House to acknowledge > the program in December of 2005, the administration claimed > that the massive program could be conducted without > warrants or judicial authorization of any kind. However, in > January of this year, Attorney General Alberto Gonzales > announced that the Foreign Intelligence Surveillance Court > (FISC) had authorized collection of some communications and > that the surveillance program would now operate under its > approval. EFF's suit comes after the Department of Justice > failed to respond to a Freedom of Information Act (FOIA) > request for records concerning the purported changes in the > program. > > "While national security and law enforcement demand a > limited amount of secrecy, Americans have the right to know > the government's basic guidelines for this kind of invasive > electronic surveillance of their personal communications," > said EFF Senior Counsel David Sobel. "The burden is on the > Justice Department to justify its failure to disclose the > information we've requested." > > EFF's suit demands the immediate release of the FISC orders > regarding the surveillance program and any FISC rules and > guidelines associated with such orders. > > This FOIA action is separate from EFF's lawsuit against > AT&T for illegally collaborating with the government's > surveillance program. That suit, Hepting v. AT&T, is > proceeding in U.S. District Court in San Francisco despite > the government's ongoing attempts to have the case > dismissed. > > For the FOIA complaint filed against the Justice > Department: > <http://www.eff.org/flag/oipr/oipr_complaint.pdf> > > For more on EFF's FOIA Litigation for Accountable > Government Project: > <http://www.eff.org/flag/> > > For this release: > <http://www.eff.org/news/archives/2007_02.php#005140> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Fight Over Google's 'Sponsored Links' Threatens Internet > Free Speech > > EFF Asks Judge to Uphold Key Trademark Ruling > > San Francisco - The Electronic Frontier Foundation (EFF) > asked the U.S. 2nd Circuit Court of Appeals last week to > uphold an important ruling allowing anyone to purchase > Google's "sponsored links" tied to trademarks, arguing that > the practice is legal under trademark law and provides a > vital means for online speakers to connect with audiences > on the Internet. > > Google's "sponsored links" feature allows customers to buy > advertisements attached to certain search terms. When a > Google user types those terms into the search engine, the > sponsored links appear along with the search results. > However, a company named Rescuecom filed a lawsuit against > Google over the program, claiming that selling sponsored > links for the term "Rescuecom" infringed its trademark. > > In an amicus brief filed with the appeals court last week, > EFF argues that the sponsored links are not an infringing > use, and in fact promote a vibrant public sphere by helping > online speakers reach a broader audience. An example cited > in the brief is that of "The Coalition of Immokalee > Farmworkers," a group critical of McDonald's business > practices. The coalition bought sponsored links attached to > searches for "McDonald's" in order to stimulate debate and > mobilize support. > > "The Internet has brought together speakers of many kinds - > - some competing with trademark owners, others criticizing > them, still others simply referring to them while > discussing other subjects or products," said EFF Staff > Attorney Corynne McSherry. "Services like Google's > 'sponsored links' help people with something to say reach > those who might be interested in hearing it." > > Rescuecom has asked the court to hold that trademark law > regulates virtually any use of search keywords that are > also trademarks. This would give trademark holders a legal > sword to wield against critics and competitors, as well as > the intermediaries upon which those critics and competitors > rely to spread their message. But courts have historically > taken care to ensure that trademark restrictions do not > allow markholders to interfere with Constitutionally- > protected free speech. > > "On the Internet, trademarks aren't just identifiers. They > are essential navigation tools and vehicles of expression," > said EFF Staff Attorney Jason Schultz. "Quashing this > speech goes against both the law and the public interest." > > A judge dismissed Rescuecom's case against Google last > year, but the company is appealing the decision. > > For the full brief filed in Rescuecom v. Google: > <http://www.eff.org/legal/cases/rescuecom_v_google/EFF_amicus.pdf> > > For this release: > <http://www.eff.org/news/archives/2007_02.php#005134> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * European Anti-Consumer Directive Delayed > > Call it the Universal Law of Bad Laws: the more problematic > a proposed piece of legislation is, the keener its > advocates are to rush it through. When that happens, it's > often those in the system who call for delay that saves us > all from its unintended consequences. > > Praise, then, is due then for Nicola Zingaretti, the > Italian Member of European Parliament (MEP) responsible for > guiding the dangerous Second Intellectual Property > Enforcement Directive (IPRED2) through the European > Parliament. Along with criminalizing all forms of > intellectual property infringement, the proposed directive > would impose criminal sanctions for those who aid, abet, > and incite these intellectual property infringements. > Zingaretti called last week for another delay in a key vote > by the EU's Committee on Legal Affairs (JURI), originally > scheduled for yesterday. > > Learn more about this directive and what's next: > <http://www.eff.org/deeplinks/archives/005139.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Progress on WIPO Development Agenda > > The WIPO Development Agenda offers the possibility of > creating global intellectual property laws that balance > rights holders' interests with the human rights of the > world's citizens for access to medicine and knowledge. This > last week of meetings at WIPO has brought a series of > welcome surprises on this front. When the proceedings > started on Monday, we had a Chairman who was new to both > WIPO and the Development Agenda. The Member States faced a > battery of 40 proposals that had to be reconciled into a > unified document. To everyone's surprise, that happened by > week's end. That WIPO was able to produce such a document > is amazing. That the document is a powerful affirmation of > many key parts of the original Development Agenda proposal > is nothing short of astounding. > > Learn more about last week's meeting: > <http://www.eff.org/deeplinks/archives/005138.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Fair Use Has a Posse - Now With Insurance! > > Fantastic news from Stanford Law School's Fair Use Project: > documentarians who follow the Center for Social Media's > Documentary Filmmakers' Statement of Best Practices in Fair > Use can now get "errors and omissions" insurance from > Media/Professional Insurance. The key was cementing a > promise of pro bono or reduced fee representation to > documentaries that follow the Best Practices guidelines: > > "Working with Media/Professional, and Michael Donaldson, > the Fair Use Project has now found a way to insure films > that follow the Best Practices guidelines. For films that > are certified to have followed the Best Practices > guidelines, Media/Professional will provide a special > (read: much lower cost) policy; Stanford's Fair Use Project > will provide pro bono legal services to the film. If we > can't provide pro bono services, then Michael Donaldson's > firm will provide referrals to a number of media lawyers > who will provide representation at a reduced rate. Either > way, filmmakers will be able to rely upon 'fair use' in the > making of their film. The Fair Use Project and Donaldson > will defend the filmmakers if their use is challenged. > Media/Professional will cover liability if the defense is > not successful." > > Generally, the biggest hurdle facing creators who rely on > fair use is that they can't get insurance for their > projects. And without insurance, almost no major TV network > or film distributor will put your project on the air or > into distribution. That's why this is such big news -- if > this catches on, we can all expect to see much more of the > fair use to which we are all entitled. > > For this post and related links: > <http://www.eff.org/deeplinks/archives/005137.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * RIAA to Parents: Pop-Ups + Viruses = Piracy! > > If a parent sees pop-up ads and viruses on her computer, > she can be sued for copyright infringement by the RIAA. > > At least that's what the RIAA is arguing in a recent court > filing in the Capitol v. Foster case, in which a federal > judge made the RIAA cough up attorney's fees to a mother, > Debra Foster, who had been sued because her daughter was > file sharing. The RIAA lawyers had dawdled in dismissing > their complaint against Foster, even after her child > admitted to being the file-sharer in the house. (The RIAA > went ahead and got a default judgment against the child.) > > This new filing marks the first time the RIAA has explained > its claim that parents are liable for the infringements > committed by their children (a theory that has never been > accepted by any court, to the best of our knowledge). The > argument is pretty remarkable, built on a house of cards > including the notion that "everyone knows" pop-up ads and > viruses signify piracy! > > Read more about the RIAA's bogus arguments: > <http://www.eff.org/deeplinks/archives/005135.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Colleges Struggle to Cope With Flood of Copyright > Complaints > > The major record labels are sending thousands more > copyright nastygrams to colleges regarding student file > sharing this year. Of course, file sharing continues > unabated, and these P2P-related notices will simply push > fans to use other readily-accessible technologies that the > RIAA can't easily monitor -- copying music through iTunes > over the campus LAN, swapping hard drives and USB flash > drives, burning recordable DVDs, and forming ad hoc > wireless networks. > > So the RIAA's strategy still won't stop file sharing, but > it certainly will cause collateral damage to academic > freedom, free speech, and privacy. In a recently released > report, the Brennan Center lays out what that cost looks > like today based on interviews with representatives from 25 > service providers including 10 from universities. > Universities are already being forced to waste substantial > resources on doing the RIAA's dirty work. Flooded with > machine-generated complaints, schools are unable to > evaluate the merits of particular complaints. While lacking > procedural safeguards to make sure students wrongly accused > of infringement are not penalized, many schools have > adopted stricter penalties than the law requires. Schools > have also adopted network monitoring and filtering tools > that interfere with legitimate expression. > > The increase in P2P-related notices stands only to make > matters worse. The RIAA's Cary Sherman states that the > increase in the notices is "something we feel we have to > do," but blanket licensing provides a clear alternative to > blanket lawsuits. > > Read the Brennan Center's report: > <http://fairusenetwork.org/resources/OSPreport-2007.pdf> > > Take action now to help stop the lawsuit campaign: > <http://www.eff.org/share/petition> > > For this post and related links: > <http://www.eff.org/deeplinks/archives/005133.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * LA Times: Start Blanket Licensing, Stop Blanket Lawsuits > > The major record labels have stayed the course for the last > five years with predictable results -- they've stuck by > DRM, ratcheted up their file sharing lawsuit campaign, and > let revenues continue to slide. Last week, the LA Times > suggested some reasons to think the labels may finally be > coming around to a sensible solution that EFF has long > advocated -- blanket licenses for music fans to share as > much music as they like for a flat monthly fee. > > Unfortunately, the record labels haven't done a complete > 180 from their backward-thinking ways. But, as the LA Times > puts it, "You have to wonder how low [major label revenues] > have to go before blanket licenses look like a better > approach than blanket lawsuits." > > Read the editorial: > <http://www.latimes.com/news/opinion/la-oew-healey19feb19,0,5551102.story?coll=la-opinion-center> > > For this post and related links: > <http://www.eff.org/deeplinks/archives/005132.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * miniLinks > The week's noteworthy news, compressed. > > ~ Supreme Court Debates Patentability of Software > Justices look skeptically at the details of software's > protection. > <http://www.eff.org/cgi/tiny?urlID=597> > > ~ Toward an Ethical Patent System > European citizens unite against over-broad patents.... > <http://www.ethipat.org/> > > ~ Bad Patents Are Bad for Business > ... as does the European business community to go with it. > <http://www.esoma.org/> > > ~ Canada Turns Away Americans for Past Misdemeanors > Thanks to DHS data mining, Canada turned away a visitor who > shop-lifted during a fraternity prank 20 years ago and > others with minor criminal records. > <http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/02/23/NEVIUS.TMP> > > ~ Has the Media Center Moved to Silicon Valley? > On the day of the Oscars, Tom Forenski thinks that films > have lost their magic, and Net technology has seized it. > <http://www.ipdemocracy.com/archives/2007/02/25/#002355> > > ~ Whit Diffie Warns Of Overbroad Privacy Laws > "I am, on balance, more pleased with the fact that I can > learn lots of information about people in minutes by using > the Web than I am concerned about the fact that people can > learn lots of information about me that way. And I would > not like to see laws that restrict people's ability to go > investigate things. " > <http://www2.csoonline.com/blog_view.html?CID=29005> > > ~ Protect Your Users' Data With a Privacy Wall > How one company works to protect its users' financial > information. > <http://www.eff.org/cgi/tiny?urlID=596> > > ~ SF Chronicle: Reverse Real ID > "Congress must take a hard look at whether it makes sense > to proceed with an expansive law that would be more > appropriately called the National ID Act." > <http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2007/02/23/EDGRJN77SG1.DTL> > > ~ North Korea and the Internet > North Korea's strange, inward-looking national intranet. > <http://www.economist.com/world/asia/displaystory.cfm?story_id=8640881> > > ~ Did WIPO's Director-General Lie About his age? > Confidential report suggests that he was 28 when he first > took the job, not 37, and has repeatedly given the wrong > age on official documents for 24 years. > <http://www.stuff.co.nz/stuff/3971717a4560.html> > > ~ The "Crime" of Blogging in Egypt > Abdelkareem Nabil Soliman is sentenced to four years for > free speech. > <http://www.cato.org/pub_display.php?pub_id=8013> > > ~ Recording Industry Targets Colleges > Administrators get caught in the crossfire: "[The > complaint] is asking us to pursue an investigation and as > the service provider we don't see that as our role", says > Purdue spokesman. > <http://www.eff.org/cgi/tiny?urlID=598> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * 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 BSIT/SE Owner/Sr. Engineer Random Logic Consulting www.randomlogic.com -- KPLUG-List@kernel-panic.org http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list
