EFFector Vol. 21, No. 01 January 7, 2008 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 In the 454th Issue of EFFector: * Come Celebrate EFF's 17th Birthday! * Last Major Label Gives Up DRM * New Study on Copyright and Creativity from the Center for Social Media * 2008: DRM Continues to Punish Paying Customers * Key Open Government Reform Legislation Becomes Law * U.S. Patent Office Officially Rejects all 16 Test.com Patent Claims * Should Yahoo! Be Able to Patent "Smart Drag and Drop"? * LimeWire on 1 in 3 Desktops World-Wide * Apple and Think Secret Settle Lawsuit * Visit EFF at Macworld * EFF Seeks Webmaster Who Wants to Make a Difference * Nominate a Pioneer for EFF's 2008 Pioneer Awards! * miniLinks (6): Privacy International Reports Standards Slipping Around the World * 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. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Come Celebrate EFF's 17th Birthday! Join EFF in celebrating our 17th year of defending digital rights! Since 1990, EFF has been there fighting for freedom and civil liberties. The birthday bash will be on January 15, 7-11 PM, at 111 Minna Gallery in San Francisco. Adrian & the Mysterious D (A+D), the DJ duo that founded the seminal mashup party "Bootie," will be dropping a shameless, genre-smashing blend of tracks, backed up by DJ sets from Bay Area copyfighters Ripley, Kid Kameleon and EFF's own J Tones and Qubitsu. The EFF party will also feature an exclusive chocolate sampling from TCHO, "a new chocolate company for a new generation of chocolate enthusiasts." Founded by Wired co-founder Louis Rossetto and legendary chocolatier Timothy Childs, himself a former technologist, TCHO will be bringing a "beta release" of its best dark chocolate to the party table. Attendees are invited to vote for their favorite TCHO beta chocolate flavors at the party -- feedback that will help define TCHO's next steps as they gear up for a national release. We'll be asking for a $20 donation at the door. No one will be turned away for lack of funds, but all proceeds will go toward our work defending your digital freedom. What: EFF's 17th Birthday Bash TCHO chocolate and mashup pioneers Adrian & the Mysterious D When: January 15, 2008, 7-11 PM Where: 111 Minna Gallery 111 Minna Street San Francisco, CA 94105 www.111minnagallery.com Tel: (415) 974-1719 This fundraiser is open to the general public. 21+ only, cash bar. Please RSVP to: events@eff.org For more information about EFF's 17th Birthday Bash: http://www.eff.org/eff17 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Last Major Label Gives Up DRM Back in December 2005, EFF announced the beginning of the end for DRM on music. Two years later, we're getting close to the end of the end, with Sony-BMG announcing that it, too, will be giving up on DRM for music downloads (at least for some of its catalog). Sony-BMG is the last of the four major labels to take this step. It's about time. As online music retailers have been pointing out for years, DRM has only held back the authorized downloading services in their efforts to compete against the unauthorized world of P2P file sharing. The next step will be a blanket license for music fans -- pay a small monthly fee, and download whatever you like, from wherever you like, in whatever format you like. This is the inevitable end-game in a world where file sharing remains hugely popular and the labels want to prevent new retailers, like the iTunes Music Store, from controlling distribution. For the complete post by EFF Senior Staff Attorney Fred von Lohmann: http://www.eff.org/deeplinks/2008/01/last-major-label-gives-drm : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * New Study on Copyright and Creativity from the Center for Social Media A new report from the Center for Social Media, called "Recut, Reframe, Recycle," takes a close look at user-generated video sites and finds that there is much more at stake than the SNL and Daily Show clips often referenced in the typical accusations of copyright infringement. Far from simply uploading others' content, more users are remixing prior works to create new and surprising works of transformative creativity. With illustrations of some of the best examples of user-generated content from the past few years, the study attempts to clarify "the difference between quoting for new cultural creation and simple piracy." The study recommends the establishment of a "blue ribbon panel" to establish a set of "best practices" principles -- not unlike the "Documentary Filmmakers' Statement of Best Practices in Fair Use," which the Center for Social Media also spearheaded last year. For the Center for Social Media report, "Recut, Reframe, Recycle": http://www.centerforsocialmedia.org/resources/publications/recut_reframe_recycle For EFF's report "Fair Use Principles for User-Generated Video Content": http://www.eff.org/issues/ip-and-free-speech/fair-use-principles-usergen For the complete post: http://www.eff.org/deeplinks/2008/01/new-study-copyright-and-creativity-center-social-media : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * 2008: DRM Continues to Punish Paying Customers Just three days into the new year, we have another example of DRM punishing paying customers, rather than "pirates." Netflix subscriber Davis Freeberg ran headlong into an incompatibility between Microsoft DRM and ... Microsoft DRM! The trouble all started when Freeberg bought a new monitor for his Vista computer. He soon found that in order to try watching streaming movies from Netflix, he would have to run the risk of permanently breaking other entertainment media on his computer -- like his purchases from Amazon Unbox. Is this mess stopping copyright infringement? Nope -- it's still easy to copy media and easy to find unauthorized copies. In fact, one commenter points out that the easiest "fix" for Freeberg's trouble appears to be downloading the movie from an unauthorized torrent tracker. Freeberg's conundrum is likely the product of the Protected Media Path (PMP) (mis)features that have been added to Microsoft's Vista operating system. Thanks to PMP, Vista computers can now "audit" the video outputs, supposedly to ensure that only "authorized" (aka DRM-laden) video boards and monitors can receive Hollywood content. Unfortunately, these kinds of (mis)features generally (1) don't stop pirates and (2) result in compatibility headaches for paying customers. For Davis Freeberg's post about the Microsoft DRM fiasco: http://davisfreeberg.com/2008/01/03/bad-copp-no-netflix/ For the complete post by EFF Staff Technologist Seth Schoen: http://www.eff.org/deeplinks/2008/01/2008-drm-continues-punish-paying-customers : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Key Open Government Reform Legislation Becomes Law In one of his last official acts of 2007, President Bush signed into law the first major overhaul of the Freedom of Information Act (FOIA) in more than a decade. The OPEN Government Act of 2007 makes much-needed changes to the FOIA process that will give Americans better access to information about their government at work, such as: * Ensuring that freelance and alternative journalists are considered representatives of the media, making it less expensive for them to get information from the government; * Creating a tracking system to help make sure that FOIA requests don't become hopelessly tangled in red tape; and * Making it clear that requesters can get government records maintained by private contractors, not just the agencies themselves. For EFF's FOIA Litigation for Accountable Government (FLAG) Project page: http://www.eff.org/issues/foia For the complete post by EFF Staff Attorney Marcia Hofmann: http://www.eff.org/deeplinks/2008/01/key-open-government-reform-legislation-becomes-law : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * U.S. Patent Office Officially Rejects all 16 Test.com Patent Claims In another step forward for EFF's Patent Busting Project, the United States Patent and Trademark Office (USPTO) issued an official rejection of all 16 claims of the Test.com Internet test-taking method patent. The USPTO granted re-examination last year after EFF submitted a petition that included several examples of prior art from a company called IntraLearn. In patent evaluation, "prior art" is knowledge about an invention that can be proven to have existed before the alleged invention. Prior art can show that the "invention" is actually obvious, rendering it unpatentable. In light of the prior art from IntraLearn, the USPTO found all 16 of Test.com's claims to be obvious and non-patentable. Now, Test.com can fight to save its patent by arguing that online test-taking was not obvious in 1999 or attempt to narrow its patent claims to something more innovative and non-obvious. However, given the basic nature of the method and underlying technology, it's hard to imagine what, if anything, Test.com could salvage. For more about Test.com's bogus Internet test-taking patent: http://w2.eff.org/patent/wanted/patent.php?p=test For the complete post by EFF Fellow Jason Schultz: http://www.eff.org/deeplinks/2007/12/u-s-patent-office-officially-rejects-all-sixteen-test-com-patent-claims : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Should Yahoo! Be Able to Patent "Smart Drag and Drop"? The Peer-To-Patent Project (PtP) is a new initiative by New York Law School's Do Tank in cooperation with the US Patent Office (USPTO) that uses open source and open knowledge techniques to help stop the deluge of bad software patents in America. The project works by posting new software patent applications that have been voluntarily submitted by their inventors and asking the public to comment on them. Participants can point out prior art, explain technological concepts, or even opine on whether a certain technique is obvious (and thus non-patentable). After two months of commenting, the top submissions are sent off to the Patent Office to help it decide whether or not to grant the patent. There have been a series of new applications hitting the PtP site lately, some of which are recognizably broad and outrageous. One recent example is from Yahoo!, which is attempting to patent "smart" drag-and-drop technology. So what does this have to do with you? If you have examples of drag and drop interfaces that can invalidate this claim, go to the PtP site and submit them. (Some registration required.) Your submissions could mean the difference between Yahoo! getting a bogus patent or not. For the Peer-To-Patent page about Yahoo!'s "smart drag-and-drop" patent application: http://peertopatent.org/patent/20070234226/activity For additional information about participating in the Peer-To-Patent Project: http://dotank.nyls.edu/communitypatent/tutorial For the complete post by EFF Fellow Jason Schultz: http://www.eff.org/deeplinks/2007/12/should-yahoo-be-able-patent-smart-drag-and-drop-how-you-can-help-us-patent-office- : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * LimeWire on 1 in 3 Desktops World-Wide In December 2007, Digital Music News and BigChampagne reported that 36.4% of all PCs world-wide have LimeWire installed, based on system scans of 1.6 million machines. This is worth noting for at least two reasons. First, it is a reminder that the main event in digital music is still P2P file-sharing, as it has been since Napster's debut in 1999. The entire apparatus of "legitimate" online digital music stores remains just a drop in the bucket. And the entertainment industries still haven't taken meaningful steps toward a collective licensing solution to monetize P2P, as EFF has been urging since 2004. Second, this is yet another empirical nail in the DRM coffin. The Darknet remains robust and generally accessible to mainstream computer users. As long as consumers continue to have simple, easy ways to share digital content, once DRM has been stripped from a file, the now-liberated content flows freely. In other words, all it takes is one leak -- and DRM always leaks. In a world with easy sharing, fans don't need to bother with DRM-cracking tools, which means the DMCA's anti-circumvention provisions are not doing any good, while continuing to do plenty of harm. For the Digital Music News and BigChampagne press release: http://www.emediawire.com/releases/2007/12/emw576418.htm For this post by EFF Senior Staff Attorney Fred von Lohmann: http://www.eff.org/about/staff/fred-von-lohmann : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Apple and Think Secret Settle Lawsuit In December, Apple news site Think Secret announced that it had settled Apple's lawsuit against it. While the terms have not been disclosed, "no sources were revealed and Think Secret will no longer be published." The Think Secret suit, filed several years ago, sought to hold Think Secret liable for posting news about upcoming Apple products. EFF helped Think Secret find legal counsel, and, with the able assistance of attorney Terry Gross of Gross & Belsky, Think Secret filed a thoroughly researched and well-written anti-SLAPP motion to strike the lawsuit on free speech grounds. The motion stopped Apple's lawsuit in its tracks and raised the prospect that Apple would have had to pay Think Secret substantial sums for its legal fees. That motion has been pending since March 2005, and, while the Court has never ruled, we believe the motion was meritorious and that Apple was looking at the prospect of an embarrassing and expensive loss. It is sad that Think Secret will be closing its doors, since it was a valuable news source, though its author is now free to move on to other things. We can only hope that this will be a powerful lesson to Apple and that the company will eventually learn not to sue its fans. For the Think Secret announcement: http://www.thinksecret.com/news/settlement.html For the complete post by EFF Senior Staff Attorney Kurt Opsahl: http://www.eff.org/deeplinks/2007/12/apple-and-think-secret-settle-lawsuit : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Visit EFF at Macworld The Macworld organizers have generously donated booth space to EFF -- so come visit EFF at the Macworld Conference & Expo, January 14 to 18, in San Francisco. Macworld is a week-long experience for everyone who uses Macs. Register online with the priority code: 08-D-EFF and get an Exhibit Hall Pass for only $10, or receive 15% off your conference package of choice. (Offer good on new registrations only and expires January 13, 2008.) And after a day at Macworld, don't forget to head over to EFF's 17th birthday party on January 15. (See above for more info.) For more about the Macworld Conference & Expo: http://www.macworldexpo.com : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * EFF Seeks Webmaster Who Wants to Make a Difference The Electronic Frontier Foundation (EFF), an Internet civil liberties nonprofit organization based in San Francisco, is seeking a full-time webmaster to start immediately. This person will be responsible for managing content and building web features on eff.org, and helping to build and maintain EFF's web initiatives and campaigns. The environment is fast-paced; the work is cutting-edge. A love of technology and familiarity with related civil liberties issues is a must. The ideal candidate will have a broad range of experience in web production, including: * XHTML/CSS web design and implementation * Open-source web technology: PHP, Javascript, Unix, Apache, etc. * Graphics production, editing and optimization * An eye for clean user-centric web design and layout * Organizing and keeping track of large amounts of complex web content Additional familiarity with any of these is a plus: * Drupal CMS * Subversion (or similar concurrent versioning system) * MySQL * Smarty * Flash/ActionScript * Writing blog posts, press releases, web content, etc. Salary in the low $50s with benefits. To apply, send a cover letter and your resume with links to some samples of your work to webjob@eff.org. Please send these materials in a non-proprietary format. No phone calls please! : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Nominate a Pioneer for EFF's 2008 Pioneer Awards! EFF established the Pioneer Awards to recognize leaders on the electronic frontier who are extending freedom and innovation in the realm of information technology. This is your opportunity to nominate a deserving individual or group to receive a Pioneer Award for 2008. The International Pioneer Awards nominations are open both to individuals and organizations from any country. Nominations are reviewed by a panel of judges chosen for their knowledge of the technical, legal, and social issues associated with information technology. How to Nominate Someone for a 2008 Pioneer Award: You may send as many nominations as you wish, but please use one email per nomination. Please submit your entries via email to pioneer@eff.org. We will accept nominations until January 31, 2008. Simply tell us: 1. The name of the nominee, 2. The phone number, email address or website by which the nominee can be reached, and, most importantly, 3. Why you feel the nominee deserves the award. Nominee Criteria: There are no specific categories for the EFF Pioneer Awards, but the following guidelines apply: 1. The nominees must have contributed substantially to the health, growth, accessibility, or freedom of computer-based communications. 2. To be valid, all nominations must contain your reason, however brief, for nominating the individual or organization and a means of contacting the nominee. In addition, while anonymous nominations will be accepted, ideally we'd like to contact the nominating parties in case we need further information. 3. The contribution may be technical, social, economic, or cultural. 4. Nominations may be of individuals, systems, or organizations in the private or public sectors. 5. Nominations are open to all (other than current members of EFF's staff and operating board or this year's award judges), and you may nominate more than one recipient. You may also nominate yourself or your organization. 6. Persons or representatives of organizations receiving an EFF Pioneer Award will be invited to attend the ceremony at EFF's expense. More on the EFF Pioneer Awards: http://www.eff.org/awards/pioneer/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * miniLinks The week's noteworthy news, compressed. ~ Privacy International reports standards slipping around the world A new study finds that privacy lacks adequate protection in almost every country on Earth. http://www.privacyinternational.org/article.shtml?cmd%5B347%5D=x-347-559597 ~ Australia's plans to filter the Internet under fire Privacy advocates complain that the plan to require ISPs to filter content amounts to censorship. http://news.theage.com.au/australias-plans-to-filter-internet-under-fire/20080102-1jwl.html ~ Adobe in hot water for snooping on customers Adobe's CS3 software is using a suspicious IP address to track customers' usage stats. http://arstechnica.com/news.ars/post/20071231-adobe-omniture-in-hot-water-for-snooping-on-cs3-users.html ~ Flaws in new government openness law News reports that the new FOIA reform law specifically reversed restrictive Bush administration policy were wrong. http://blog.wired.com/27bstroke6/2008/01/new-government.html ~ Warner offers DRM-free music on Amazon After promising never to offer DRM-free music, Warner CEO Edgar Bronfman finally caved. http://news.yahoo.com/s/ap/20071227/ap_on_hi_te/amazon_warner_music ~ Cartoon: Foxtrot on DMCA restrictions Will lawmakers be able to legally enjoy the iPods they got for Christmas? http://news.yahoo.com/comics/foxtrot : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * 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: Richard Esguerra, EFF Activist richard@eff.org Membership & donation queries: membership@eff.org General EFF, legal, policy, or online resources queries: information@eff.org 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/
