Funny, this is the 421th issue. :) PGA
-------- Forwarded Message -------- > From: EFFector list <[EMAIL PROTECTED]> > Reply-To: EFFector list <[EMAIL PROTECTED]> > To: [EMAIL PROTECTED] > Subject: EFFector 20.16: CA Action Alert - Tell the Governor to Reject > National ID Nightmare! > Date: Tue, 24 Apr 2007 15:41:51 -0500 (CDT) > > EFFector Vol. 20, No. 16 April 24, 2007 [EMAIL PROTECTED] > > A Publication of the Electronic Frontier Foundation > ISSN 1062-9424 > > In the 421th Issue of EFFector: > > * CA Action Alert - Tell the Governor to Reject National > ID Nightmare! > * Viacom Admits Error - Takes Steps to Protect Fair Use on > YouTube > * Consumers, Librarians, and Innovators Tell EU 'We're Not > Criminals' > * UK Government Supports Vital Amendments From EFF Europe > & Co. > * EFF Challenges Bogus Patent Threatening Consumer > Awareness Products > * Patent Reform Bill Introduced in Congress > * Sen. Specter: Telcos' Role in NSA Spying Program Must Be > Exposed > * Sony's Latest DRM Backfire > * Consumer Groups to Utah AG: Don't Waste Taxpayer Money > on Unconstitutional, Anti-Consumer Keyword Law > * EFF at Maker Faire, May 19-20 > * miniLinks (12): French E-Voting Is a "Catastrophe" > * 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. > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * CA Action Alert - Tell the Governor to Reject National ID > Nightmare! > > Last week, Montana became the fifth state to push back > against the federal government's privacy-invasive national > ID mandate. California should help lead the rebellion > against the REAL ID Act, and, with the Department of > Homeland Security (DHS) coming to Sacramento for a "town > hall" meeting next week, you have a unique opportunity to > make a difference. Take action now and tell the Governor to > say no to REAL ID: > <http://action.eff.org/site/Advocacy?id=290> > > DHS recently released its draft regulations for > implementing the REAL ID Act, which makes states > standardize drivers licenses and create a vast national > database linking all of the ID records together. Once in > place, uses of the IDs and database will inevitably expand > to facilitate a wide range of tracking and surveillance > activities. Worse still, states and individual taxpayers > will bear the estimated 23 billion dollar burden of > implementing the law, and that figure is probably low given > that the necessary verification systems don't exist yet. > > Thankfully, the states are fighting back, and if California > refuses to implement REAL ID, that could be a fatal blow to > this misguided law. The town hall meeting will put the > spotlight on this issue here, so it's critical that you > send a letter to the Governor now opposing REAL ID: > <http://action.eff.org/site/Advocacy?id=290> > > You can also attend the DHS town hall meeting virtually or > in person. The event will be held at UC Davis' Freeborn > Hall from 10 AM to 2 PM on Tuesday, May 1, 2007. Directions > to Freeborn Hall can be found here: > <http://freebornhall.ucdavis.edu/directions.html> > > The event will be webcast, and DHS will take email comments > via this site (which is not live yet): > <http://www.realidtownhall.com> > > More information about the town hall meeting: > <http://action.eff.org/site/DocServer/E7-7655.pdf?docID=481> > > If you don't have a chance to voice your opposition to DHS > then, you can submit comments via our Action Center. The > May 8 deadline to submit comments to DHS regarding its > draft regulations is right around the corner: > <http://action.eff.org/site/Advocacy?id=287> > > Learn more about REAL ID: > <http://www.eff.org/Privacy/ID/RealID/> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Viacom Admits Error - Takes Steps to Protect Fair Use on > YouTube > > MoveOn.org, Brave New Films Dismiss Lawsuit Over Colbert > Parody > > Viacom Endorses Excerpting Video for "Creative, Newsworthy > or Transformative Use" > > San Francisco - Responding to Viacom's willingness to take > steps to protect the free speech rights of those who post > videos to YouTube and similar video sharing sites, the > Electronic Frontier Foundation (EFF) and Stanford Law > School's Fair Use Project (FUP) yesterday dismissed a > lawsuit filed on behalf of MoveOn.org Civic Action and > Brave New Films (BNF). > > The lawsuit was filed in federal court last month, after a > parody of "The Colbert Report" was removed from YouTube > following a meritless copyright complaint by Viacom. The > humorous video, called "Stop the Falsiness," was created by > MoveOn and BNF using clips from the Comedy Central > television series. It was a tongue-in-cheek commentary on > Colbert's portrayal of the right-wing media and parodied > MoveOn's own reputation for earnest political activism. > > Viacom initially denied sending the Digital Millennium > Copyright Act (DMCA) takedown notice that resulted in the > removal of the video from YouTube, while saying it had no > objection to "Stop the Falsiness." However, Viacom later > conceded it was the source of the demand and admitted error > in taking action against the parody. > > In the course of discussions with EFF and FUP, Viacom > described the steps it endorses for protecting fair use and > free expression as it targets copyright infringement on > Internet video sites. This includes: manual review of every > video that is a potential DMCA takedown target, training > reviewers to avoid issuing takedown requests for fair use, > and publicly stating that it does not challenge use of > Viacom materials that are "creative, newsworthy or > transformative" and are "a limited excerpt for non > commercial purposes." > > Furthermore, in reaction to the MoveOn/BNF suit, Viacom > moved the ball forward for Internet users' rights. In order > to address any similarly erroneous takedown notices in the > future, Viacom has agreed to set up a website and email > "hotline," promising a review of any complaint within one > business day and a reinstatement if the takedown request > was in error. > > In light of these disclosures and commitments -- designed > to protect the fair use and free speech rights of Internet > users who rely on video sharing sites like YouTube -- > MoveOn and BNF have dismissed their claims against Viacom. > > "If copyright owners are going to be sending hundreds of > thousands of DMCA takedown notices, they also have a > responsibility to protect the legitimate free speech rights > of the citizen creators who rely on platforms like > YouTube," said EFF Senior Intellectual Property Attorney > Fred von Lohmann. "By choosing to respect newsworthy and > transformative uses of their materials -- and establishing > a simple process that lets improperly targeted users get > their material back up quickly -- Viacom has taken > important steps toward meeting that responsibility. We hope > other media companies will follow Viacom's lead." > > "This new endorsement of Internet users' rights is a > victory for the little guy," said Eli Pariser, Executive > Director of MoveOn.org Civic Action. "Online sites like > YouTube have revolutionized political expression and can > give the little guy an audience of millions for a political > point of view. A corporate powerhouse like Viacom must not > be allowed to erase political content or muzzle political > expression." > > "Following these practices will not curb all DMCA copyright > abuse," said EFF Staff Attorney Corynne McSherry. "But they > are several much-needed steps in the right direction. If a > major content owner like Viacom can recognize this, other > content owners should be able to do the same." > > For Viacom's letters outlining its policies: > <http://www.eff.org/legal/cases/moveon_v_viacom/falsiness_letter_032707.pdf> > <http://www.eff.org/legal/cases/moveon_v_viacom/0411_letter_fvl.pdf> > <http://www.eff.org/legal/cases/moveon_v_viacom/0417_letter_fvl.pdf> > > For this release: > <http://www.eff.org/news/archives/2007_04.php#005212> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Consumers, Librarians, and Innovators Tell EU 'We're Not > Criminals' > > Coalition Submits Fixes to European Parliament to Prevent > Vague New Copyright Crimes > > Brussels - The Electronic Frontier Foundation's European > Office last week announced a broad coalition aimed at > fixing a poorly drafted intellectual property enforcement > proposal that could make criminals of thousands of people > in the European Union. > > The Second Intellectual Property Rights Enforcement > Directive (IPRED2) -- set for vote in the European > Parliament this week -- makes "aiding, abetting, or > inciting" intellectual property infringement on a > "commercial scale" a criminal offence. However, IPRED2 > defines criminal offences so vaguely that creators of > legitimate websites, Internet service providers, and even > librarians could be investigated by the police and face > criminal records as well as fines of hundreds of thousands > of euros. > > The coalition battling against IPRED2 includes the > Brussels-based European Consumers Organisation (BEUC), the > European Bureau of Library, Information and Documentation > Associations (EBLIDA), the Free Software Foundation Europe > (FSFE), and the Foundation for a Free Information > Infrastructure (FFII). The group sent an open letter to the > European Parliament, urging members to support amendments > that would protect consumers, innovators, and researchers. > > "Criminal law needs to be clear to be fair. IPRED2 as it is > currently drafted is neither," said Erik Josefsson, > European Affairs Coordinator for EFF. "These amendments > clarify that criminal sanctions should be saved for true > trademark counterfeiters." > > IPRED2 also proposes allowing entertainment company > representatives to join police in investigating businesses > that they claim infringe -- or even "incite" infringement - > - of their intellectual property. > > "Such secondary liability is a major threat for software > developers and Internet service providers," said Ante > Wessels of FFII. > > "The current draft of IPRED2 creates legal uncertainty and > confusion, which will act as a barrier for libraries and > archives in their efforts to digitize and bring digital > information to end users," said Andrew Cranfield, Director > of EBLIDA. > > The next vote on IPRED2 is scheduled for April 25 in > Strasbourg, France. > > For the open letter to the European Parliament: > <http://www.copycrime.eu/files/openletter-ipred.pdf> > > For more on IPRED2: > <http://www.copycrime.eu> > > To take action and tell your MEP to support these > amendments: > <http://www.copycrime.eu/action> > > For more on EFF Europe: > <http://www.eff.org/global/Europe> > > For this release: > <http://www.eff.org/news/archives/2007_04.php#005206> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * UK Government Supports Vital Amendments From EFF Europe & > Co. > > Last week, Members of European Parliament (MEPs) Eva > Lichtenberger and David Hammerstein Mintz submitted > amendments to IPRED2 based on our coalition's suggestions. > > We're pleased to note that the UK government gave its > support to perhaps the best of our recommendations: to > throw the directive out entirely. The UK government also > came out in support of our amendments to limit IPRED2's > reach, to define "commercial scale" and "intentional > infringement" more precisely, and to remove rights holders' > abilities to take part in investigations of their own > commercial rivals in "joint investigation teams." > > If you're a resident of the EU, tell your MEP to support > our coalition's amendments now! > <http://www.copycrime.eu/action> > > For this post and related links: > <http://www.eff.org/deeplinks/archives/005210.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * EFF Challenges Bogus Patent Threatening Consumer > Awareness Products > > Illegitimate Patent Inhibits Innovation in Market for > Mobile Information Access > > San Francisco - The Electronic Frontier Foundation (EFF) > took aim today at a bogus patent threatening innovative > technologies that enhance consumer awareness, requesting a > reexamination by the United States Patent and Trademark > Office (PTO). > > NeoMedia Technologies, Inc., claims to own rights to all > systems that provide information over computer networks > using database-like lookup procedures that rely on scanned > inputs, such as a barcode. NeoMedia has used these claims > not only to threaten and sue innovators in the mobile > information space, but also to intimidate projects focused > on increasing awareness among consumers about the social > and environmental impact of the products they buy. For > example, the Consumer Information Lab at the College of > Natural Resources at the University of California at > Berkeley uses such technology to examine how health, > environmental, and social information affects consumers' > shopping behavior and decision-making. Were NeoMedia to > control the patent rights to this technology, such projects > could be severely limited and potentially shut down. > > "NeoMedia should not be allowed to use this bogus patent to > inhibit consumer awareness, education, or research into the > impact of information on consumer choice," said EFF Staff > Attorney Jason Schultz. "This is the opposite of > 'progress,' something the patent laws are supposed to > promote." > > EFF's reexamination request shows that the functionality > covered by NeoMedia's bad patent was repeatedly included as > part of prior patent applications from other companies -- > demonstrating that the idea of forming a network connection > from scanned items was well-known before NeoMedia made its > claim. EFF, in conjunction with Paul Grewal and James Czaja > of Day Casebeer Madrid & Batchelder, ask the PTO to revoke > the patent based on this and other evidence. > > "Our patent system is supposed to protect innovation, not > block it. Everyone loses if the Patent Office allows these > kinds of abuses to continue," said Grewal, a partner at the > Day Casebeer firm. > > The challenge to the NeoMedia patent is part of EFF's > Patent Busting Project, which combats the chilling effects > bad patents have on public and consumer interests. So far, > the project has helped kill a bogus patent covering a > system and method of creating digital recordings of live > performances. The PTO has also granted another EFF > reexamination request for an illegitimate patent for online > test-taking. > > For the full NeoMedia patent reexamination request: > <http://www.eff.org/patent/wanted/patent.php?p=neomedia> > > For more on EFF's Patent Busting Project: > <http://www.eff.org/patent/> > > For more on Day Casebeer Madrid & Batchelder: > <http://www.daycasebeer.com> > > For more information on the Consumer Information Lab at UC > Berkeley's College of Natural Resources: > <http://nature.berkeley.edu/infolab/projects/informationtoolsdevelopmentproject> > > For this release: > <http://www.eff.org/news/archives/2007_04.php#005214> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Patent Reform Bill Introduced in Congress > > Public Knowledge has posted a great summary of the new > Patent Reform Act of 2007, introduced in both the House and > Senate this week: > <http://www.publicknowledge.org/node/915> > > The bill is going to be one of the key intellectual > property issues in Congress this year, and, though this > bill doesn't fix all current problems with the patent > system, it is a good step in the right direction. Among > other things, the bill would reduce certain excessive > patent infringement damages, allow third parties to file > patent defeating documents before patents are issued, and > create a new system for challenging bad patents. > > Stay tuned for more news and analysis regarding this bill, > and learn more about our Patent Busting Project here: > <http://www.eff.org/patent> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Sen. Specter: Telcos' Role in NSA Spying Program Must Be > Exposed > > As we noted last week, the Bush Administration is pushing a > dangerous new spying bill. Among other things, the bill > could threaten cases like EFF's against AT&T by giving > blanket immunity to companies for illegally assisting the > NSA spying program. > > We're glad to hear that Senators are already pushing back > against this proposal. As the NY Times reports: > > "[Senator Arlen] Specter said he opposed the proposed > immunity for telecommunications companies because the White > House had never provided Congress with enough information > about the role of the companies in the program. > > "'That provision is a pig in the poke,' Mr. Specter > said. 'There has never been a statement from the > administration as to what these companies have done. That's > been an intolerable situation.'" > > The rest of Congress should heed those words. It would be > highly irresponsible of Congress to legislate in the dark, > before the past and present abuse of surveillance powers > has been thoroughly investigated. > > Visit stopillegalspying.org and take action to demand > investigations into the NSA spying program now: > <http://www.stopillegalspying.org> > > For this post and related links: > <http://www.eff.org/deeplinks/archives/005205.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Sony's Latest DRM Backfire > > Sony, one of the companies that brought you the Sony-BMG > "rootkit" copy protection system for CDs, has once again > used DRM to inflict inconvenience on its legitimate > customers. > > New Sony DVD releases like "Stranger Than Fiction" and > "Casino Royale" come with copy protection technologies that > makes the movies unplayable on some DVD players -- including > reportedly at least one Sony machine! > > Along with the DRM locks typically used on DVDs, Sony is > using a system called ARccOS that is supposed to make > copying more difficult by hiding corrupted data on the > disc. But while plenty of DVD copying software is > sophisticated enough to bypass the corrupt data, many > players are not. > > It's bad enough that content providers like Sony use DRM to > intentionally limit legitimate uses. These sort of > arbitrary, bizarre compatibility problems make matters even > worse, and they're becoming more and more common > consequences of DRM. After initially reacting to complaints > by telling customers to update the firmware on their > devices, Sony is now promising to send a replacement DVD to > any unsatisfied customers. > > This is yet another example of the ways in which DRM is not > only useless against "piracy" (DVD ripping software defeats > ARccOS), but actually works against the interests of > content owners. After all, if a movie fan has legitimately > purchased a DVD, only to find it unplayable on her DVD > player, she now has yet another reason to go looking to The > Pirate Bay for a copy that works. > > For this post and related links: > <http://www.eff.org/deeplinks/archives/005208.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Consumer Groups to Utah AG: Don't Waste Taxpayer Money on > Unconstitutional, Anti-Consumer Keyword Law > > Now we've heard everything. Utah State Senator Dan Eastman > -- who quietly ushered a ban on online comparative > advertising through the state senate -- has taken to > calling sponsored links to such advertising "identity > theft." If the comparative advertising law takes effect, a > company like Chevrolet couldn't purchase "sponsored link" > space on the Google results page when a user types "Toyota" > as part of a search query -- at least if the latter term is > registered in Utah as an "electronic registration mark." > > Does that sound like "identity theft" to you? As Santa > Clara University School of Law Professor Eric Goldman puts > it: "Identity theft occurs when someone makes a false > representation, but this law bans competitive keyword > advertising that is completely truthful and does not > confuse anyone." Deceptive advertisers, of course, can > already be held liable under trademark and consumer > protection law. > > Eastman seems to be hoping that if he insists often enough > that the bill is "pro-business," Utah citizens will forget > that it seems primarily designed to impede their access to > accurate information about goods and services and waste > taxpayer dollars on defending an anti-consumer law that > will never pass First Amendment muster. > > But while those flaws don't worry Eastman, they should put > Utah Attorney General Mark Shurtleff on alert. EFF, along > with Public Citizen, Public Knowledge and Professor > Goldman, have sent a public letter to Shurtleff asking him > to stay implementation of the law due to its harmful > effects on consumers as well as its numerous constitutional > problems. It's Shurtleff's job to protect his office's time > -- and taxpayer money -- from poor legislation like this. > > For this post and related links: > <http://www.eff.org/deeplinks/archives/005204.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * EFF at Maker Faire, May 19-20 > > If you're going to O'Reilly's Maker Faire on May 19-20 in > San Mateo, California, be sure to stop by EFF's booth. Grab > some schwag and chat with us about all things digital > rights -- we look forward to seeing you! > > For more on the Maker Faire: > <http://www.makezine.com/faire/> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * miniLinks > The week's noteworthy news, compressed. > > ~ French E-Voting Is a "Catastrophe" > Widespread complaints after the first use of electronic > voting machines in the country's presidential election. > <http://newsinfo.inquirer.net/breakingnews/infotech/view_article.php?article_id=61906> > > ~ Pandora Chief Mourns Loss of Internet Radio > Copyright royalty board is out-of-touch and has destroyed > 90% of Internet radio without understanding what it is, > says Joe Kennedy, CEO of pandora.com > <http://www.out-law.com//default.aspx?page=7975> > > ~ Chinese Dissident, Wife Sue Yahoo for Complicity > Foreign tort act suit alleges that Yahoo voluntarily > allowed Chinese government to track and arrest 57-year-old > Wang Xiaoning. > <http://www.washingtonpost.com/wp-dyn/content/article/2007/04/18/AR2007041802510.html?nav=rss_technology> > > ~ Google, Wikipedia Sued By Politician Trying to Silence > Critics > Canadian public figure tries to stop a story by pouring > censorship gasoline on it. > <http://techdirt.com/articles/20070420/010122.shtml> > > ~ No Cookie For You: Government Asked to Halt Google- > Doubleclick Deal > Electronic Privacy Information Center expresses concern > about the size and reach of the database created by the > acquisition. > <http://blog.wired.com/27bstroke6/2007/04/consumer_privac.html> > > ~ RIAA Balks at Judge Hearing EFF's Silver Tongue > RIAA's lawyers are aghast that a judge might consider > reading an EFF amicus brief in their case. > <http://p2pnet.net/story/12025> > > ~ Orphan Works in Europe > Google, the British Library, and others give their views on > copyrights versus unclaimed works. > <http://ec.europa.eu/information_society/newsroom/cf/itemlongdetail.cfm?item_id=3366> > > ~ The .ca in Broadcast Treaty > The Canadian view of WIPO's Broadcast Treaty: "We haven't > been able to identify a lot of benefit to Canadian > broadcasters from the treaty." > <http://www.thehilltimes.ca/html/cover_index.php?display=story&full_path=/2007/april/23/broadcasters/&c=1> > > ~ Online Journalists: Protected by Law or Fair Game? > Susan Crawford documents a lively debate at Cardozo on a > topic close to EFF's heart. > <http://scrawford.blogware.com/blog/_archives/2007/4/23/2901067.html> > > ~ Digital Freedom University > Boston Herald writes about college students' work in > digital rights. > <http://business.bostonherald.com/businessNews/view.bg?articleid=194996&srvc=biz> > > ~ Canadian ISP Throttling All Encrypted Traffic? > Please submit your packet in plaintext for better > surveillance services: thank you. > <http://www.michaelgeist.ca/content/view/1879/135/> > > ~ Bloggers' Search for Anonymity > The BBC puts the case for the untraceable voice. > <http://news.bbc.co.uk/2/hi/programmes/click_online/6548555.stm> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * 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, Activism Coordinator > [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/> > > > This newsletter is printed on 100% recycled electrons. > -- [email protected] http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list
