Freedom of speech should not be sacrificed in the recording industry's war to restrict the public from making copies of digital music. EFF has asked a federal court to declare that scientists from Princeton and Rice University can publish their research on digital music security weaknesses at the USENIX Conference in August 2001.
When a team led by Princeton Professor Edward Felten accepted a public challenge by the Secure Digital Music Initiative (SDMI) to break new security systems, they did not give up their First Amendment right to teach others what they learned. Yet they have been threatened by SDMI and the Recording Industry Association of America (RIAA) to keep silent or face litigation under the Digital Millennium Copyright Act (DMCA). Professor Felten has a career teaching people about security, yet the recording industry has censored him for finding weaknesses in their security. USENIX regularly publishes scientific papers that describe the weaknesses of technologies, but they are chilled by RIAA litigation threats.
EFF is asking the court to affirm the right of these scientists to publicly present what they have learned and the right of USENIX to publish the scientists' paper in their conference proceedings. EFF has also asked the court to overturn the anti-distribution provisions of the DMCA as unconstitutional restraints on the freedom of expression. Join EFF's fight for scientific freedom in the digital age.
Frequently Asked Questions About Felten v. RIAA -
Introductory Q&A about this landmark case defending academic and other freedom of expression
rights from encroachment by overzealous intellectual property laws and
interests.
EFF Media Release: Felten Drops RIAA Case -
Electronic Frontier Foundation Media Release:
Security Researchers Drop Scientific Censorship Case -
Government, Industry Claim DMCA Not a Threat to Science.
San Francisco - Citing assurances from the government, the
recording industry, and a federal court that the threats
against his research team were ill-conceived and will not
be repeated, Professor Edward Felten and his research team
decided not to appeal the November dismissal of their case
by a New Jersey Federal Court.
Final Hearing Transcript -
Transcript of final hearing before US federal court, in
Felten et al. v RIAA et al. (Nov. 28, 2001)
Final Hearing Transcript -
Transcript of final hearing before US federal court, in
Felten et al. v RIAA et al. (Nov. 28, 2001) [PDF version]
EFF Article on Felten Case: "Digital Millennium Dark Ages" -
EFF Article: Digital Millennium
Dark Ages -
New Copyright Law Used to Threaten Scientific Research (Nov. 7, 2001)
EFF Media Release: Scientists Support Professor's Copyright Law Challenge -
Trenton, NJ - Seventeen of the world's top scientists today
supported Princeton University Professor Edward Felten
and his research team's challenge to the Digital Millennium
Copyright Act (DMCA) on free speech grounds. Prominent
academics, cryptographers, software programmers, and
scientific conference organizers explained to a federal
court the stifling effects of the DMCA on scientific
research and freedom of expression.
The Electronic Frontier Foundation (EFF) represents the
research team in a lawsuit filed June 6 asking a federal
judge to declare that the scientists have a First Amendment
right to publish their research. (Aug. 13, 2001)
DoJ Reply Brief (against
EFF/Felten Opposition Brief to DoJ Motion to Dismiss) -
US Department of Justice Reply Brief in Felten v. RIAA
case challenging use of DMCA legal threats to silence scientists.
Government's brief claims that plaintiffs' claims are not
ripe, and that the threat they feel is not credible, and that the
court should not grant them any relief. (Nov. 8, 2001)
DoJ Reply Brief (against
EFF/Felten Opposition Brief to DoJ Motion to Dismiss) -
US Department of Justice Reply Brief in Felten v. RIAA
case challenging use of DMCA legal threats to silence scientists.
Government's brief claims that plaintiffs' claims are not
ripe, and that the threat they feel is not credible, and that the
court should not grant them any relief. (Nov. 8, 2001)
[RTF format]
EFF/Felten Opposition Brief against
DoJ Motion to Dismiss -
EFF/Felten Plaintiffs' Brief in Opposition
to Dept. of Justice's Motion To Dismiss; opposing the DoJ & RIAA to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001) [PDF format]
EFF/Felten Opposition Brief against
DoJ Motion to Dismiss -
EFF/Felten Plaintiffs' Brief in Opposition
to Dept. of Justice's Motion To Dismiss; opposing the DoJ & RIAA to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001) [RTF/RichText format, readable with any word processor]
Supplemental Declaration of Ed Felten -
Plaintiff Prof. Edward W. Felten's supplemental declaration on how the DMCA impedes
scientific research and publication, and could even harm U.S. anti-terrorism efforts.
(Oct. 22, 2001) [PDF version]
Supplemental Declaration of Ed Felten -
Plaintiff Prof. Edward W. Felten's supplemental declaration on how the DMCA impedes
scientific research and publication, and could even harm U.S. anti-terrorism efforts.
(Oct. 22, 2001) [RTF/RichText version, readable with any word processor]
Supplemental Declaration of Bede Liu -
Plaintiff Dr. Bede Liu's supplemental declaration on how the DMCA harms the
ability of scientists to do their jobs and publish their research findings.
(Oct. 22, 2001) [PDF version]
Supplemental Declaration of Bede Liu -
Plaintiff Dr. Bede Liu's supplemental declaration on how the DMCA harms the
ability of scientists to do their jobs and publish their research findings.
(Oct. 22, 2001) [RTF/RichText version, readable with any word processor]
Supplemental Declaration of Scott Craver -
Plaintiff Scott Craver, Princeton U. grad student, supplemental declaration on how
the Dept. of Justice has fundamentally misunderstood, in its motion to dismiss, the
scientific issues and standard practices at stake.
(Oct. 23, 2001) [PDF version]
Supplemental Declaration of Scott Craver -
Plaintiff Scott Craver, Princeton U. grad student, supplemental declaration on how
the Dept. of Justice has fundamentally misunderstood, in its motion to dismiss, the
scientific issues and standard practices at stake.
(Oct. 23, 2001) [RTF/RichText version, readable with any word processor]
Declaration of Gene Spafford -
Purdue U. Prof. Eugene H. Spafford's declaration in support of plaintiffs,
on how the DMCA prevents the development and distribution of forensic tools
needed by computer scientists to investigate system security breaches.
(Oct. 22, 2001) [PDF version]
Declaration of Gene Spafford -
Purdue U. Prof. Eugene H. Spafford's declaration in support of plaintiffs,
on how the DMCA prevents the development and distribution of forensic tools
needed by computer scientists to investigate system security breaches.
(Oct. 22, 2001) [RTF/RichText version, readable with any word processor]
Declaration of Ross Anderson -
Cambridge [UK] Univ. Prof. Ross John Anderson's declaration, on the importance
of security engineering, and on how the RIAA has abused the DMCA to suppress
research about security weaknesses in SDMI.
(Oct. 22, 2001) [PDF version]
Declaration of David Wagner -
UCB Asst. Prof. David Wagner's declaration in support of plaintiffs, on the
chilling effects of the DMCA on security and encryption research.
(Oct. 22, 2001) [PDF version]
EFF/Felten Opposition Brief Against Industry
Motion to Dismiss -
EFF/Felten Plaintiffs' Brief in Opposition
to RIAA, SMDI And Verance's Motion To Dismiss; opposing the RIAA to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001)
Declaration of Professor Ed Felten -
Declaration of Professor Ed Felten, opposing the RIAA to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001)
Usenix Declaration -
Declaration of Eleanor Young, Executive director of USENIX, opposing the RIAA, to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001)
Computing Research
Association Declaration
-
Declaration of Computing Research Association, opposing the RIAA to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001)
Declaration of the Association for Computing
Machinery (ACM) -
Declaration of the Association of Computing Machinery (ACM), made by John R. White,
Executive Director of the ACM,
opposing the RIAA to allow scientists to publish research without fear of lawsuits and
arrest, in Felten v. RIAA
(Aug. 13. 2001)
EFF Media Release: EFF & Scientists Sue
RIAA Over Censorship -
The Electronic Frontier Foundation (EFF)
today asked a federal court to rule that Princeton
University Professor Edward Felten and his research team
have a First Amendment right to present their research on
digital music access-control technologies at the USENIX
Security Conference this August in Washington, DC, despite
threats from the recording industry.
When scientists from Princeton University and Rice
University tried to publish their findings in April 2001,
the recording industry claimed that the 1998 Digital
Millennium Copyright Act (DMCA) makes it illegal to
discuss or provide technology that might be used to
bypass industry controls limiting how consumers can use
music they have purchased. (June 6, 2001)
EFF's & Professors' First
Amended Complaint in Felten v. RIAA -
Amended complaint in lawsuit by the Electronic Frontier Foundation (EFF), Princeton
Professor Edward Felten and others against the Recording Industry
Association of American (RIAA), Secure Digital Music Initiative (SDMI) Foundation,
Verance Inc., and the Dept. of Justice, challenging the constitutionality of
the Digital Millennium Copyright Act (DMCA) and its restraint of freedom of speech,
publication and scientific research. (June 26, 2001)
EFF's & Professors' Original Complaint, in Felten v. RIAA -
Lawsuit by the Electronic Frontier Foundation (EFF), Princeton
Professor Edward Felten and others against the Recording Industry
Association of American (RIAA), Secure Digital Music Initiative (SDMI) Foundation,
Verance Inc., and the Dept. of Justice, challenging the constitutionality of
the Digital Millennium Copyright Act (DMCA) and its restraint of freedom of speech,
publication and scientific research. (June 6, 2001)
RIAA's Motion to Dismiss -
Recording Industry Association of America (RIAA) Memorandum in Support
of Motion to Dismiss, in Felten v. RIAA (July 12, 2001)
RIAA's Motion to Dismiss -
Recording Industry Association of America (RIAA) Memorandum in Support
of Motion to Dismiss, in Felten v. RIAA (July 12, 2001) [PDF version]
DoJ's Motion to Dismiss -
Defendant John Ashcroft's
Memorandum in Support of
Motion to Dismiss, in Felten v. RIAA (Sep. 25, 2001)
DoJ's Motion to Dismiss -
Defendant John Ashcroft's
Memorandum in Support of
Motion to Dismiss, in Felten v. RIAA (Sep. 25, 2001) [PDF version]
Appel Declaration in Felten v. RIAA -
Declaration of Prof. Andrew W. Appel of Princeton University, opposing the RIAA to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001)
Blaze Declaration in Felten v. RIAA -
Declaration of cryptographer Matt Blaze, researcher at AT&T Labs, explaining how security research
works, and what effect the DMCA has had on it. Felten v. RIAA
(Aug. 13. 2001)
Cox Declaration in Felten v. RIAA -
Declaration of Alan Cox, of Red Hat
UK Ltd., stating his unwillingness to be on the
program committee of a Usenix conference for fear of US prosecution
under the DMCA; in Felten v. RIAA
(Aug. 13. 2001)
Craver Declaration in Felten v. RIAA -
Declaration of Scott Craver (Princeton U. PhD candidate), opposing the RIAA to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001)
Ende Declaration in Felten v. RIAA -
Declaration of Howard Ende, General Counsel for Princeton University,
detailing the communications
among himself, the paper's authors, and SDMI, RIAA, and Verance before
the Information Hiding Workshop. In Felten v. RIAA
(Aug. 13. 2001)
Ferguson Declaration in Felten v. RIAA -
Declaration of Niels Ferguson, a Dutch cryptographer, announcing that he has found severe
flaws in HDCP, an Intel-developed security system for preventing
computer users from getting digital access to their own LCD monitors,
but that he won't publish the details because he enters the US
occasionally for business or personal reasons and does not wish to be
arrested or sued under the DMCA. In Felten v. RIAA
(Aug. 13. 2001)
McHugh Declaration in Felten v. RIAA -
Declaration of John McHugh, general chair of the Information Hiding Workshop, describing
what happened to the paper at that workshop. In Felten v. RIAA
(Aug. 13. 2001)
Reiter Declaration in Felten v. RIAA -
Declaration of computer security researcher Michael Reiter (Bell Labs/Lucent Technologies), opposing the RIAA to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001)
Schneier Declaration in Felten v. RIAA -
Declaration of cryptographer Bruce Schneier (Counterpane Internet Security), opposing the RIAA to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001)
Wallach Declaration in Felten v. RIAA -
Declaration of Asst. Prof. Dan Wallach (Rice U.), opposing the RIAA to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001)
Min Wu Declaration in Felten v. RIAA -
Declaration of Min Wu (Princeton U.), opposing the RIAA to allow
scientists to publish research without fear of lawsuits and arrest, in Felten v. RIAA
(Aug. 13. 2001)
Verance's
Letter to Judge Brown -
(June 25, 2001)
RIAA and
SDMI's Letter to Judge Brown -
(June 21, 2001)
RIAA Statement on Felten Lawsuit -
Statement by RIAA's Cary Sherman on felten lawsuit,
implausibly denying that RIAA or other defendants would have
sued Professor Felten if he had published his "HackSDMI"
research results. (June 6, 2001)
EFF Reply to RIAA Statement Regarding Felten Case -
Electronic Frontier Foundation's response to Recording Industry
Association of America statement (issued in response to Felten lawsuit),
in which RIAA implausibly denied that they or other defendants would have
sued Professor Felten if he had published his "HackSDMI"
research results. (June 6, 2001)
RIAA/SDMI Letter to Professor Felten -
Legal threat letter sent by the Recording Industry Association of America (RIAA),
the Secure Digital Music Initiative (SDMI) Foundation, and SMDI member Verance Inc.,
to Princeton U. Professor Edward W. Felten, a U.S. Navy security conference organizer,
a Navy official, and Princeton administrators, demanding Felten not publish or
publicize his work - performed at SDMI's own invitation - exposing security flaws
in SDMI's digital music copy protection scheme, or face a lawsuit under the Digital
Millennium Copyright Act (DMCA). (Apr. 9, 2001)
Statement by Prof. Felten, Re: SDMI -
Statement read by Prof. Edward W. Felten at the Fourth
International Information Hiding Workshop, in Pittsburgh:
"Our paper was submitted via the normal academic peer-review process.
The reviewers, who were chosen for their scientific reputations and
credentials, enthusiastically recommended the paper for publication, due
to their judgment of the paper's scientific merit.
Nevertheless, the Recording Industry Association of America, the SDMI
Foundation, and the Verance Corporation threatened to bring a lawsuit if
we proceeded with our presentation or the publication of our paper.
Threats were made against the authors, against the conference
organizers, and against their respective employers...." (Apr. 26, 2001)
Radio EFF Special on Felten, DMCA, & SDMI -
Electronic Frontier Foundation "Radio EFF" special feature
on Prof. Edward W. Felten's legal imbroglio with the Recording Industry
Association of America (RIAA) and Secure Digital Music Initiative (SDMI),
and the technological & political background
behind the scenes. RadioEFF is presented in (O)pen Audio MP3,
and the special's topics include: Prof. Felten's self-introduction and why his team
participated in the "HackSDMI Challenge"; the Digital
Millennium Copyright Act (DMCA) and how it is harming free expression and
academic research; secrets of digital watermarking; why RIAA wants copy-proof
music; and more! (May, 2000)
Digital Millennium Copyright Act (DMCA)
-
Link to directory of info on the probably unconstitutional Digital
Millennium Copyright Act, which grossly interferes with free speech,
freedom of the press, and academic freedom in the name of protecting
intellectual property holders' profits.
The Secure Digital Music Initiative (SDMI) -
Link to directory of info on the industry standards group that has set
itself up as responsible for protecting digital audio content at all
costs - even your free speech and fair use rights. The SDMI copy prevention
scheme is already being deployed in consumer MP3 hardware, despite its
insecurity.
Other Digital Rights Management (DRM) a.k.a. Copy Prevention Systems -
Link to directory of info on DRM or "copy protection" systems, their
flaws, and the law, policy, economics and policy surrounding them.
Universal [MPAA] & US v. Corley -
Link to directory of info on a related DMCA case: the movie industry's attempt to thwart
development of a Linux DVD player driver, and censor speech and publication
about the necessary copy-prevention bypassing to make this possible. All
in the name of unfounded piracy fears. (DVDs can be easily pirated without recourse
to the software, DeCSS, at issue in the case.)
Link to directory of info on another related case: The DVD Copy Control Association
(essentially MPAA under another name) attempts to stop distribution of DeCSS and
halt Linux DVD driver development, using California trade secret law as well as
the DMCA.
RIAA v. Diamond
-
Link to directory of info on another related case: Pre-DMCA, the Recording Industry
of America attempts to stop hardware manufacturer Diamond from making and
selling MP3 players that do not have copy-prevention "features" built in. RIAA
loses.
EFF's Campaign for Audiovisual Free Expression (CAFE)
-
Link to EFF's digital audio & video freedom campaign page