EFFector, Vol. 15, No. 3; Jan. 24, 2002

EFFector Vol. 15, No. 3 Jan. 24, 2002 editors@eff.org

A Publication of the Electronic Frontier Foundation ISSN 1062-9424

In the 202nd Issue of EFFector:

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EFF Says Network Solutions Inc. Must Protect Public

NSI Screwed Up Sex.com Domain Dispute

Electronic Frontier Foundation Media Release

For Immediate Release: Wednesday, January 23, 2002

San Francisco - The Electronic Frontier Foundation (EFF) today asked an appeals court to hold Network Solutions, Inc., (NSI) responsible for mismanagement of the Sex.com domain name.

The case arises from NSI's actions in taking the Sex.com domain name from appellant Gary Kremen and giving it to another Internet user who presented NSI with fraudulent information.

In 2000, a lower court ruled that NSI, a private company which is the sole domain name registry for dot-com domain names, is immune from civil suit in cases where it negligently handled a domain name. Sex.com then appealed to the Ninth Circuit Court of Appeals, and EFF filed an amicus brief in the case.

"A court has ruled that NSI can screw up its monopoly on dot-com domain name management and face no consequence for its actions," said EFF Intellectual Property Attorney Robin Gross. "We hope the appellate court will recognize the danger in eliminating all accountability for this key component of Internet governance."

"I'm pleased that EFF, which has always been a clear voice on cutting-edge Internet governance issues, supports the position that domain registrars are custodians of valuable business properties and have clear responsibilities to their customers," said San Francisco businessman Gary Kremen, plaintiff in the suit. "Everyone reasonably assumes the registrar will prevent poaching of domain names. It's time the law backed that up."

Links:

About EFF:

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to Web sites in the world:
http://www.eff.org/

Contact:

Robin Gross, EFF Intellectual Property Attorney
robin@eff.org
+1 415-436-9333 x112

EFF Asks Court to OK Morpheus Peer-to-Peer Software,

Reject Hollywood Attempts to Stifle Innovation

Electronic Frontier Foundation Media Release

For Immediate Release: Tuesday, January 22, 2002

Los Angeles - Championing technological innovation, MusicCity, creator of the Morpheus software, is asking a federal district court today to recognize that the many legal uses of Morpheus software should prevent any ban on the product.

Because people are now using, and will in the future use the Morpheus peer-to-peer (P2P) software to obtain and trade creative works legally, the Electronic Frontier Foundation (EFF) and lead counsel Andrew Bridges are asking the court to reject entertainment industry claims that the software has no significant purpose other than contributory copyright infringement.

Morpheus software users currently access a broad variety of materials, including public domain texts from Project Gutenberg, "shareware" programs like the WinZip file compression software, films from the Prelinger Archive, music videos from Lil'Romeo and others distributed with permission by J!VE Media Technologies, and live concert recordings authorized by musicians.

The MusicCity legal team bases its request to the court on the famous Sony Betamax case, in which the motion picture industry tried to outlaw VCRs. In that case, the U.S. Supreme Court ruled that even if some people use a new technology to infringe copyrights, that does not justify an outright ban on that technology.

MusicCity also cites the Napster case, noting that the court held Napster liable based on Napster's operation of a centralized file-indexing service, but it never held Napster liable for, or enjoined, creation or distribution of its software. In its ruling on Napster, the 9th Circuit warned, "To enjoin simply because a computer network allows for infringing use would, in our opinion, violate Sony and potentially restrict activity unrelated to infringing use."

"MusicCity's technology is the kind of technology protected under both the Betamax and Napster decisions -- technology capable of substantial noninfringing uses that is turned over to the control of users," noted Andrew Bridges. "The U.S. Supreme Court strongly upheld the principle that a beneficial technology cannot be banned just because users may abuse the technology," stated Bridges, partner in Wilson Sonsini Goodrich Rosati's Palo Alto office.

"The studios' legal attack against P2P is the latest battle in the industry's long war to kill any technology it cannot control," said Fred von Lohmann, EFF Senior Intellectual Property Attorney. "We shouldn't outlaw file-sharing programs simply because some people misuse them."

On October 2, 2001, twenty-eight of the world's largest entertainment companies sued MusicCity, the Nashville-based developer of the leading P2P file-sharing program Morpheus, for the infringing actions of users of its product (MGM et al v. Grokster et al, Case No. 01-CV-8541 SVW). MusicCity has requested a February 25 hearing before the Honorable Stephen V. Wilson, U.S. District Court Judge for the Central District of California in Los Angeles.

Although referred to as MusicCity in the court case, StreamCast Networks is the company currently maintaining the Morpheus software product and MusicCity.com website.

"Morpheus is about a technological breakthrough in the way that people share information", said Steve W. Griffin, Chairman and CEO of StreamCast Networks. "We are allowing people to communicate, buy, sell, and exchange with much greater ease than ever before."

Links:

About EFF:

About StreamCast Networks (MusicCity):

StreamCast Networks, Inc. is a provider of scalable peer-to-peer (P2P) technology that brings to market software products that utilize P2P and leverage the extensive user base of its network. StreamCast is revolutionizing Internet digital media distribution and communications via a unique software-driven solution that enables users to communicate with one another more efficiently on an unprecedented scale. StreamCast Networks is backed by Timberline Venture Partners, the independently managed Northwest affiliate of Draper Fisher Jurvetson. StreamCast Networks, Inc., operates the MusicCity.com website, which distributes the Morpheus software product. StreamCast Networks is based in Franklin, TN, with offices in Phoenix, AZ. For more information about Morpheus, please visit http://www.musiccity.com/

[EFF does not officially endorse any products, including those of StreamCast Networks (MusicCity).]

Contact:

Andrew Bridges, Partner, Wilson Sonsini Goodrich & Rosati
abridges@wsgr.com
+1 650-320-4861

Fred von Lohmann, EFF Senior Intellectual Property Attorney
fred@eff.org
+1 415-436-9333 x123

Robin Gross, EFF Intellectual Property Attorney
robin@eff.org
+1 415-436-9333 x112

"Will Free Expression Survive the Digital Media Revolution?"

Join EFF Staff Attorneys in an Interactive Discussion at our Feb. BayFF

WHO:

Cindy Cohn - EFF Legal Director
Lee Tien - EFF Sr. Staff Attorney
Fred von Lohmann - EFF Sr. IP Attorney
Robin Gross - EFF Staff Attorney for Intellectual Property/CAFE Director
Moderated by Shari Steele - EFF Executive Director

WHAT:

Sponsored by The Electronic Frontier Foundation and the Berkeley Center for Law and Technology

Movies. Music. Books. You buy it; you own it. That's how it used to be. Now the DMCA and expanded copyright laws are helping Hollywood change all that. Come and hear the EFF attorneys talk about the state of the battlegrounds that affect your rights.

EFF attorneys will tackle thorny issues during this interactive discussion, such as the impact on science and research from the DMCA's broad ban on technical information, its effect on encryption and computer security, Constitutional challenges in court and possible legislative actions, international concerns, and the role of fair use in the digital age.

WHEN:

WHERE:

Berkeley Center for Law & Technology
University of California
School of Law (Boalt Hall)
Goldburg Room, Second Floor
Berkeley, California 94720-7200
Tel: +1 (510) 642-8073

This event is free and open to the general public. Food and beverages will be served.

The Berkeley Center for Law & Technology was founded in 1995 to foster beneficial and ethical advancement of technology by promoting the understanding and guiding the development of intellectual property and related fields of law and policy. Housed in Boalt Hall, the Center serves as a resource for academia, the judiciary, law students, practitioners, policy makers and others with an interest in the intersection between technological development and the public interest.

EFF Thanks IDG for Generous Donation

The EFF would like to thank IDG for their recent donation of boothspace at the Macworld Conference and Expo '02 in San Francisco, which took place January 7-11. Without the assistance of IDG World Expo, owners and managers of the Macworld Conference, the EFF would not have been able to attend Macworld. Their generous donation made it possible for the EFF to reach thousands of interested Mac users. Thanks IDG!

Administrivia

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/

Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
editors@eff.org

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