EFFector Vol. 15, No. 4 Feb. 3, 2002 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
EFFector Vol. 15, No. 4 Feb. 3, 2002 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
For more information on EFF activities & alerts: http://www.eff.org/
To join EFF or make an additional donation:
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As many EFF members know from firsthand experience, several record companies are beginning to ship music disks that are dysfunctional. Consumers are buying CDs in a record store or online, paying full price for what they believe is a normal CD, only to return home to discover that the CD won't play on their computers, in their cars and even on certain other CD components. Because corrupt CDs may bear the 'CD' trademark and are sold alongside ordinary CDs, consumers are being fooled into purchasing inferior products.
In mid-January, Philips, the Dutch consumer electronics manufacturer that co-created the CD format and now owns the trademark in the term "CD," came out in favor of consumers in response to this growing problem. Philips started warning record labels about the "troublesome and cumbersome" nature of these disks, noting that dysfunctional disks should not rightfully be called "CDs," and indicated the disks might not wear as well as real CDs.
Philips has taken a courageous stand against dysfunctional CDs and will likely face strong opposition from the powerful companies who are marketing these disks. The entertainment industry has already shown its strong support of similar proposals, such as the Secure Digital Music Initiative (SDMI) and the Security Systems Standards and Certification Act (SSSCA), which would make it "unlawful to manufacture, import, offer to the public, provide or otherwise traffic in any interactive digital device that does not include and utilize certified security technologies...."
Already, Philips has refused to comment further on the dispute.
Dear Philips Representatives,
Thank you for standing up for my rights as a consumer.
I am concerned that some record labels are releasing music disks that do not play on all CD players and that do not allow me to exercise my fair use rights. I am even more concerned that they are confusing and misleading consumers by labelling these disks as "CDs." Please stand firm in your resolve to ensure that we, your customers, retain the consistently high quality CD experience that Philips pioneered.
We urge you to:
I would be most grateful if you would convey my thoughts on this important issue to these and any other appropriate Philips employees:
Thank you again for standing with your customers on this vital issue. I understand that you may receive pressure from the entertainment industry to endorse these dysfunctional locked-down products, and I will remember Philips' position when I next shop for consumer electronics equipment.
Sincerely,
[your signature]
[your full name]
[your full address; include this for maximum effect]
Please remember to be polite but firm. Ranting, swearing, or lack of clear focus and resolve will not make a good impression. Try to make it brief (1-3 paragraphs written, or a few sentences spoken) and clear, without getting into nitpicky details. Re-casting the letter in your own words will be more effective than copy-pasting our sample.
The alert is for activists in any country.
Press reports:
HTML version of this alert:
This drive to contact Philips about their position on copy-protected so-called CDs is part of a larger campaign to highlight intellectual property industry assaults against the public's fair use rights, and what you can do about it.
Check the EFF Campaign for Audivisual Free Expression (CAFE) website regularly for additional
alerts and news:
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
Will Doherty, EFF Online Activist / Media Relations
wild@eff.org
+1 415 436 9333 x111
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
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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.
The government stated in documents filed with the court in November 2001 that "scientists attempting to study access control technologies" are not subject to the Digital Millennium Copyright Act (DMCA). The Recording Industry Association of America echoed this, stating "we felt Felten should publish his findings, because everyone benefits from research into the vulnerabilities of security mechanisms."
"Based on these and other statements from the government and the recording industry, the judge dismissed our case," noted Princeton Professor Ed Felten. "Although we would have preferred an enforceable court ruling, our research team decided to take the government and industry at their word that they will never again threaten publishers of scientific research that exposes vulnerabilities in security systems for copyrighted works."
The research team led by Professor Felten included professors Bede Liu and Daniel Wallach and researchers Scott Craver, Min Wu, Ben Swartzlander, Adam Stubblefield, and Richard Drews Dean.
Together with USENIX, an association of over 10,000 technologists that publishes such scientific research, Princeton Professor Edward Felten and his research team had asked the court to declare that they have a First Amendment right to discuss and publish their work, even if it may discuss weaknesses in the technological systems used to control digital music. The DMCA, passed in 1998, outlaws providing technology and information that can be used to gain access to a copyrighted work.
The recording industry threatened the researchers under the DMCA for their planned release of a research paper describing the defects in the proposed Secure Digital Music Initiative (SDMI) lock-down schemes for audio CDs. The original threats led the researchers to withdraw the paper from a planned conference. In response to the lawsuit, the recording industry promised not to sue the research team or USENIX for presenting the research at a USENIX security conference in August 2001.
"The statements by the government and the recording industry indicate that they now recognize they can't use the DMCA to squelch science," added EFF Legal Director Cindy Cohn. "If they are as good as their word, science can continue unabated. Should they backslide, EFF will be there."
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San Jose - The Electronic Frontier Foundation (EFF) today filed an amicus brief in federal district court asking that the Digital Millenium Copyright Act (DMCA) be found unconstitutional because it impinges on protected speech and stifles technological innovation. The case arises from the criminal prosecution of Russian programmer Dmitry Sklyarov and Elcomsoft, the Moscow-based company where he works.
Despite essentially dropping its prosecution of Dmitry Sklyarov on December 13, 2001, the U.S. government has maintained that the Russian company Elcomsoft should still be held criminally liable for creating software that converts Adobe eBooks into PDF format files.
The Computing Law and Technology and U.S. Public Policy Committees of the Association for Computing Machinery, the American Association of Law Libraries, the Electronic Privacy Information Center, the Consumer Project on Technology, Computer Professionals for Social Responsibility, and the Music Library Association signed on to the EFF brief that, along with a brief from 35 law professors, supports Elcomsoft's own motions to dismiss the case.
"The Adobe eBook technology hands complete control of the user's experience to publishers," noted EFF Legal Director Cindy Cohn. "They can prevent lending or selling of eBooks, transferring eBooks from one machine to another for more convenient reading, printing segments of an eBook for use in criticism or commentary, or enabling text-to-speech software, often used by blind people."
"The law should protect the First Amendment rights of eBook purchasers, not just eBook publishers or corporations trying to lock down eBook formats," stated EFF Intellectual Property Attorney Robin Gross. "If Elcomsoft is convicted under the DMCA, it will be illegal for competitors to write software or build digital entertainment devices that compete with those from the established media companies."
At Adobe's request, the FBI arrested Elcomsoft employee Dmitry Sklyarov after he delivered a lecture in Las Vegas on July 17, 2001. In August, the U.S. Department of Justice indicted both Sklyarov and Elcomsoft on five counts of violating the DMCA's anti-circumvention measures and conspiracy. After weeks of protests and an international letter-writing campaign opposing the prosecution of the then 26-year-old father of two, the Justice Department finally agreed to drop the criminal charges against Sklyarov in late 2001 in exchange for his promise to testify in the case.
Elcomsoft's motion to dismiss on constitutional grounds is set to be heard before Federal District Court Judge Ronald Whyte on April 1, 2002 in San Jose, California. An earlier set of motions filed by Elcomsoft to dismiss the case for lack of jurisdiction and and for lack of proof of a "conspiracy" are set for hearing on March 4, 2002.
Documents related to U.S. v. Elcom & Sklyarov case:
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The Electronic Frontier Foundation is collecting donations to assist Jon Johansen
in his legal defense costs. Contribute here:
Please note that your contribution to this fund will go exclusively
to Jon Johansen's defense. If you want to make a donation to the
EFF's activities, go instead to:
At the request of the Motion Picture Association, Jon Johansen was criminally charged by the Norwegian Economic Crime Unit (ØKOKRIM) on January 9, 2002, for his role in creating DeCSS software. Part of the LiVID project's effort to build a DVD player for the Linux operating system, Jon wrote DeCSS in 1999 at age fifteen.
ØKOKRIM indicted Johansen for violating Norwegian Criminal Code section 145.2, which outlaws breaking into another person's locked property to gain access to data that one is not entitled to access. In the past, this provision punished those who break into someone else's locked property to steal information, such as bank records or other illegal information. If convicted of this charge, Jon could face two years in prison.
By expanding the prohibitions of section 145.2 to include people who break through encryption on their own DVDs in order to view them, Hollywood creates a dangerous new legal precedent in Norway that gives copyright holders undue control over what individuals may do with their own property.
If Jon is convicted, the entertainment industry will establish a legal precedent in Norway similar to the U.S. Digital Millennium Copyright Act (DMCA), which outlaws circumventing access controls on media - even when a DVD or CD is lawfully owned, without asking the Norwegian people or its parliament to consider such a circumvention ban.
Jon needs our help to fight this legal battle and establish a clear precedent in Norway that when you buy a DVD, you own it and can't be prosecuted for trying to view it in ways not supported by the major studios.
Jon's trial is expected to take place summer 2002 and funds are urgently needed to begin preparation for Jon's legal defense. Attorney Cato Schiotz with the Oslo law firm Schjodt & Co. represents Jon in this action.
More info on Johansen case:
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As the first benefit dinner was a great success, we have decided to repeat the experience to accommodate those who couldn't make it the first time around.
You are invited to join Stanford University Law Professor and Electronic Frontier Foundation (EFF) Board Member Larry Lessig for an intimate conversation regarding his new book over dinner and drinks. This exchange of ideas will take place in San Francisco on Tuesday, March 5th, at 7:30 p.m. PT and will benefit EFF's work to protect rights in the digital age.
In his book, "The Future of Ideas," Larry warns of the dangers of corporate power strangling public interest online. He argues that these powerful forces could usher in a new "Dark Age" in which ideas are more strictly monitored and filtered than at any time in our history.
Larry will engage a dozen interested people at the upscale new Japanese restaurant Ozumo for a meal in the Sunken Kotatsu room.
Seated on cushions around a low wooden table, you will have the chance to discuss Larry's book and ideas with him in an intimate personal setting while enjoying excellent food. You will also be contributing to an important cause, as the money raised from this unusual evening will go to furthering the work of the Electronic Frontier Foundation.
The evening includes the opportunity to talk with Larry about his thoughts for the future and how we can affect it, your dinner and drinks, and a signed copy of "The Future of Ideas."
The cost is $500. As there are only 12 available seats, space will fill up quickly.
Please contact Katina Bishop <katina@eff.org> for more information and to RSVP at +1 415-436-9333 x101.
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WHAT:
EFF "BayFF" Public Meeting on Copyright and Free Speech.
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.
This event is free and open to the general public. Food and beverages will be served.
WHO:
Cindy Cohn - EFF Legal Director
Lee Tien - EFF Sr. 1st Amendment/Privacy Attorney
Fred von Lohmann - EFF Sr. Intellectual Property Attorney
Robin Gross - EFF Intellectual Property Attorney /CAFE Project Director
Moderated by Shari Steele - EFF Executive Director
Sponsored by The Electronic Frontier Foundation and the Berkeley Center for Law and Technology
WHEN:
Tuesday, February 12th, 2002
7:00 p.m. - 9:00 p.m. PT
WHERE:
Berkeley Center for Law & Technology
University of California
School of Law (Boalt Hall)
Goldburg Room, Second Floor
Berkeley, California 94720-7200
Tel: (510) 642-8073
For directions, see:
For more information or to RSVP contact Katina: +1 415-436-9333 x101, <katina@eff.org>.
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
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.
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The World Wide Web Consortium (W3C), which sets technical standards
for the World Wide Web, has recently published a new document titled
"Current Patent Practice":
This draft reflects the W3C's current view on the controversial subject of patented technologies in the Web standards process. The Current Practice document, produced as a draft by W3C's Patent Policy Working Group, represents a considerable evolution from the earlier Draft Patent Policy.
The new policy shows considerable skepticism toward the practice of "RAND licensing" (in which patented technologies are included in standards and subject to "reasonable and non-discriminatory" license fees). EFF's view is that such fees are never truly "non-discriminatory" and always deter some prospective implementations of a standard, hurting interoperability.
Last October, EFF encouraged the public to submit comments to the Patent Policy Working Group; over 1,000 public comments were received by W3C, overwhelmingly opposing RAND licensing. Before the public comment period began, W3C's draft patent policy supported RAND licensing for certain standards where patent-holding companies sought to charge royalties. The proposed new policy provides that "[a]t present, only Royalty-Free (RF) Working Groups will be created"; it does not provide for any RAND licensing at all in W3C's routine standards work. Although the proposed policy does not absolutely forbid RAND licensing, it provides that the use of RAND would require "Advisory Committee review and Director's decision" on a case-by-case basis.
The policy also admonishes RAND proponents that "there is neither clear support amongst [W3C]'s Membership for producing RAND specifications nor a process for doing so" and that W3C committees "could recommend that [patent-encumbered] work be taken to another [standards] organization".
The evolution of W3C's policy between October and January was the result of many influences, including the efforts of those of you who chose to share your opinions with that organization. Daniel Weitzner, chair of the Patent Policy Working Group, has also invited the public to continue to share its views on this topic. Your comments to the W3C can still be submitted to <www-patentpolicy-comment@w3.org>; please see the resources below for background information.
New policy draft (Jan. 24, 2002):
Original policy draft (Aug. 16, 2001):
W3C's Daniel Weitzner: comments on new draft still welcome!
W3C page on patent policy (with all documents and background):
EFF's previous call for public comments to W3C (on Aug. policy):
EFF's own comments submitted to W3C (on Aug. policy):
Seth Schoen, EFF Staff Technologist
seth@eff.org
+1 415-436-9333 x107
Fred von Lohmann, EFF Senior Intellectual Property Attorney
fred@eff.org
+1 415-436-9333 x123
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Did you know that if you shop online at Amazon or Barnes & Noble, you can have part of your purchase donated to EFF? If you arrive at one of these sites by following the links below (also near top-right at http://www.eff.org/), a percentage of your purchases will go towards supporting your rights in a digital world. If you are planning on doing any shopping at either of these sites, please keep this in mind - it's a convenient way to support our work. And throughout the month of February, we will earn double the referral fees on all DVD or VHS purchases. If you've been meaning on picking up the DVD of Noam Chomsky's Manufacturing Consent (for example), this is the month to do so!
In order for us to get these referral bonuses, you have to use these URLs to get to B&N or Amazon and start your shopping:
Please note that EFF does not endorse commercial products or services. This is
merely a notice of another way to donate to EFF. If you would like to support
EFF without spending money at either of these establishments, please feel free
to donate to us directly by visiting:
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EFFector is published by:
The Electronic Frontier Foundation
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+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
To Join EFF online, or make an additional donation, go to:
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