EFFector Vol. 16, No. 16 June 19, 2003
ren@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
In the 255th Issue of EFFector:
* Public Has the the Right to Skip or Mute Movie Scenes
* Activism Update: Super-DMCA Victories
* Warner Music Memo to Employees re: P2P
* EFF Submits Letter Opposing Biometric IDs
* Supreme Court to Rule in Library Internet Blocking Case
* Visit the new EFF Store!
* Deep Links (9): Orrin Hatch Wants to Destroy your Computer
* Staff Calendar: 6.24.03 Cory Doctorow at iSociety, London
* Administrivia
For more information on EFF activities & alerts:
http://www.eff.org/
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EFF is a member-supported nonprofit. Please sign up as a member today!
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* Public Has the Right to Skip or Mute Movie Scenes
Electronic Frontier Foundation Defends Consumer Rights
San Francisco - The Electronic Frontier Foundation (EFF) on June 18
asked a federal court to rule that people have the right to use
technology to skip scenes or mute language they find disturbing while
viewing movies they have obtained lawfully.
The case, entitled Huntsman v. Soderbergh, involves consumer use of
software and hardware to skip scenes of sex and violence and to mute
profanity on DVDs of films they have purchased.
"If I buy a DVD and want to use some software to skip or mute parts of
a movie I'm watching at home with my family, I should be able to do
so," said EFF Staff Attorney Jason Schultz.
EFF filed a friend-of-the-court brief in the case to counter the claim
of the eight major Hollywood studios that technology vendors are
creating a "derivative work" of movies by allowing consumers to use
software and hardware to skip and mute movie scenes. Specifically, the
brief points out that copyright owners should have no control over how
people choose to watch movies in the privacy of their own homes.
"The Huntsman case doesn't affect the free speech or artistic license
of movie directors and studios, since they already control public
showings of their films under copyright law," said EFF Staff Attorney
Wendy Seltzer. "The EFF brief urges the court to reject the Hollywood
studios' lawsuit and preserve the public's right to control the
viewing experience of films purchased for home use."
Links
For this release:
http://www.eff.org/Cases/Huntsman_v_Soderbergh/20030618_eff_pr.php
EFF amicus brief in Huntsman v. Soderbergh case:
http://www.eff.org/Cases/Huntsman_v_Soderbergh/20030618_eff_amicus.php
Huntsman v. Soderbergh case archive:
http://www.eff.org/Cases/Huntsman_v_Soderbergh/
Video of debate on Huntsman v. Soderbergh case:
http://www.law.berkeley.edu/institutes/bclt/events/clearplay.html
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* Activism Update: Super-DMCA Victories
In March of this year, EFF became aware that many states were being
pressured by the Motion Picture Association of America (MPAA) to adopt
legislation that would have serious consequences for freedom of
speech, encryption, and the public's rights. Described by the MPAA as
an uncontroversial update to existing laws, this "Super-DMCA"
legislation was adopted in six states before advocacy groups or
citizens were alerted. Over the last few months, however, coalitions
of individuals and organizations have made astounding progress in
defeating the legislation in the ten remaining states where it was
introduced.
Activists were successful in convincing legislators in Georgia,
Massachusetts, New York, Oregon, South Carolina, Tennessee, and Texas
to table the legislation until after the summer. In Oregon, the
bill's sponsor publicly retracted his support. None of these states
will vote on the bills in the current session despite 11th-hour
amendment attempts by the MPAA.
While three state legislatures did pass S-DMCA legislation this year,
no governor has yet signed one into law. In fact, Colorado Governor
Bill Owens vetoed the Colorado S-DMCA, citing concern that it would
"stifle legal activity by entities all along the high tech spectrum."
Repeal efforts are also underway in several states.
These victories could not have been realized without the tireless
efforts of activists in each of the affected states. EFF would
particularly like to thank Adina Levin from ACLU-Texas and Jon
Lebkowsky from EFF-Austin for their outstanding contributions over the
last few months. We'd also like to recognize Public Knowledge, the
Free Software Foundation, the Consumer Electronics Association,
EF-Georgia, Tennessee Digital Freedom, Peoples' Rights, various Linux
Users' Groups, Harvard's Berkman Center, Nashville Linux Users Group,
bloggers and concerned community members who continue to contribute to
the success of this campaign.
If you live in an affected state and you're interested in getting
involved with activists in your area, please email
ren@eff.org
with the word "S-DMCA" in the subject.
Links
EFF's comprehensive archive of S-DMCA material:
http://www.eff.org/IP/DMCA/states/
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* Warner Music Memo to Employees re: P2P
[Special Notice to EFFector readers who are also employees of Warner
Music--In case you missed this memo, we thought we'd do you the
service of reprinting it here.]
Warner Music Group
TO: All WMG Personnel
FROM: Dave Johnson
SUBJECT: Policy on copyright infringement and the use of
"peer-to-peer" systems
DATE: June 3, 2003
COPIES TO: Roger Ames
As each of you is undoubtedly aware, the illegal copying of CDs is a
serious matter that is adversely affecting the entire music
community. Lost revenue as a result of piracy undermines the passion
and hard work we bring to our jobs, threatening our livelihood and
the livelihood of our artists. Copyright infringement is also
illegal, no less so than shoplifting a CD. Downloading copyrighted
music and burning CDs from peer-to-peer networks such as KaZaA,
Morpheus, Gnutella or any other similar service is a violation of
the law, and will not be tolerated among WMG employees.
If you have peer-to-peer software on your company computer, you must
remove it immediately. Failure to do so, and the failure to respect
music copyrights may lead to disciplinary action, including
termination.
Beginning shortly, we will scan our computer network to detect the
presence of file sharing software on company computers, so again, it
is important that you remove the software immediately. If you need
assistance in removing file sharing software, please contact your IT
department. Your cooperation on this matter is essential.
The good news is that we have been working hard in recent years to
stimulate a legitimate online market for music, and we encourage you
to try out the music services in which we're involved. You can
access some of them at the following link:
http://www.musicunited.org/6_legalsites.html
We understand that a few employees need to access peer-to-peer
services in connection with legitimate company business activities.
Those employees should contact Jim Watson (James.Watson@wmg.com) so
that proper authorization and access can be arranged.
If you are not sure whether an activity is covered by this policy,
you should consult your supervisor or Mark Ansorge (212-275-1348)
[mark.ansorge@wmg.com] of the WMG Legal Department.
You also may want to take this opportunity to consider whether any
peer-to-peer services are being used on computers in your home.
Please keep in mind that use of peer-to-peer services to download
copyrighted material without the consent of the copyright owner,
whether in your office or your home, is illegal. It is also unfair
to all of the talented individuals (including yourself) who
contribute to the creation and marketing of creative works.
Thank you for your attention.
Links
This memo is available online at:
http://www.internalmemos.com/memos/memodetails.php?memo_id=1609
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* EFF Submits Letter Opposing Biometric IDs
On Tuesday, June 17, EFF sent a letter to the California State
Assembly opposing legislation that endorses the use of biometrics for
identification purposes. AB 25 would require state agencies to accept
only foreign-government-issued identification cards that use
biometrics (in this case, digitized thumb prints that meet National
Institute of Standards and Technology (NIST) standards). EFF is
concerned that reliance on biometric identifiers will dramatically
raise the stakes for identity theft and raise serious privacy concerns
while failing to provide substantive security benefits.
Links
EFF's letter on AB 25:
http://www.eff.org/Privacy/Surveillance/biometrics/letter-to-nunez.php
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* Supreme Court to Rule in Library Internet Blocking Case
Library Patrons' First Amendment Rights Hang in the Balance
San Francisco, CA - The Electronic Frontier Foundation (EFF) expects
the Supreme Court to release its decision on the ALA v. USA case
involving Internet blocking in libraries in the remaining two weeks
of its term.
The court is considering an appeal of a legal challenge to the
portions of the Children's Internet Protection Act (CIPA) requiring
installation of technology protection measures, such as Internet
blocking or filtering software, in libraries that wish to receive
certain federal funding or discounts.
The court usually reports decisions on Mondays, thus EFF anticipates
the ruling on one of the following dates: June 23 or 30.
EFF is a co-counsel in the case following the lead of the American
Civil Liberties Union (ACLU).
Links
For this advisory:
http://www.eff.org/Censorship/Censorware/20030611_eff_pr.php
ALA v. USA case archive:
http://www.eff.org/Cases/ALA_v_US/
ACLU on CIPA:
http://www.aclu.org/Cyber-Liberties/Cyber-Libertieslist.cfm?c=55
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* Visit the new EFF Store!
In an effort to make available all EFF-related schwag for true
EFFanatics, we've recently opened up a small online store. EFF
t-shirts from years past (sizes and selection limited!), the latest
version of the LNX-BBC Bootable Business Card, and recent EFF stickers
are among the goodies for sale. More items will be added in the near
future, so stop by often!
EFF Store URL:
http://shop.eff.org
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* Deep Links
Deep Links features noteworthy news items, victories, and threats from
around the Internet.
~ Orrin Hatch Wants to Destroy your Computer
Don't take our word for it. On stopping piracy, Senator Hatch sez,
"If we can find some way to do this without destroying their machines,
we'd be interested in hearing about that," Hatch said. "If that's the
only way, then I'm all for destroying their machines.":
http://www.washingtonpost.com/wp-dyn/articles/A6559-2003Jun17.html
~ RIAA Sends C&Ds to Verizon Customers
A federal court ruled earlier this month that Verizon couldn't protect
the anonymity of its subscribers:
http://www.bayarea.com/mld/mercurynews/business/6118823.htm
~ Europe's New Statutorily-Mandated Feedback Loop for Flamers
A new European "right-of-reply" law would force websites to provide
rebuttal opportunities for people who feel that they've been maligned:
http://news.com.com/2010-1071_3-1017333.html
~ DirecTV now Suing Customers Directly
The L.A.-based company is suing hundreds of its customers for owning
multipurpose technology:
http://www.law.com/jsp/article.jsp?id=1055463653964
~ Korean P2P Company Wins Court Battle
According to the judge, p2p software Soribada "merely connected
servers without specific mention as to how, when or who helped in
infringing on intellectual properties (sic) rights:"
http://english.chosun.com/w21data/html/news/200305/200305150027.html
~ Who Wants to Know?
Fox News with an overview of Internet privacy concerns:
http://www.foxnews.com/story/0,2933,89284,00.html
~ Lamar Smith Supports Fair Use for DTV
And he is asking the FCC to do the same when considering the broadcast
flag:
http://news.com.com/2100-1028-1015469.html
~ Burning Down the House: Ripping, Recording, Remixing, and More
Eliot Van Buskirk's new book focuses on using free software to do
things like rip a scratched CD, remix your favorite song or run your
own Internet radio station:
http://shorterlink.com/?L5J4ZU
~ Bettered by the Borrower
The Washington Post on fanfiction with a quote from EFF's Wendy Seltzer:
http://www.washingtonpost.com/wp-dyn/articles/A7412-2003Jun17.html
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* Staff Calendar
For a complete listing of EFF speaking engagements (with locations and
times), please visit:
http://www.eff.org/calendar/
~ Tuesday, June 24th : Cory Doctorow at iSociety, London - (12:30 PM -
2:30 PM)
Open Spectrum: Setting The Airwaves Free? The Work Foundation, 3
Carlton House Terrace, London
http://www.theworkfoundation.com/research/isociety/open_spectrum.jsp
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* Administrivia
EFFector is published by:
The Electronic Frontier Foundation
454 Shotwell Street
San Francisco CA 94110-1914 USA
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http://www.eff.org/
Editor:
Ren Bucholz, Activist
ren@eff.org
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