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Deeplinks Archives


October 2, 2008 - 8:20am 60479

Earlier this week, the motion picture industry sued RealNetworks over its RealDVD software. The MPAA companies also asked for an immediate temporary restraining order (TRO) to block Real from distributing the product, which allows consumers to copy their DVDs onto their personal computers for later playback.

There are many obvious reasons why this is a short-sighted and futile gesture by the studios (as Jon Healey of the L.A. Times points out), but let's focus just on the fatal flaws in their legal theory. (We've posted the key legal documents, including TRO briefs, for those who want to read them and form their own opinions.)

October 2, 2008 - 9:11am 60478

A glowing review of Cory Doctorow's latest book on EFF's Deeplinks should come as no surprise. Not only is Cory is one of the loudest and most prominent promoters of EFF, tirelessly promoting the cause of digital freedom in his blog, his opinion pieces and even his novels, but Cory is also — full disclosure — a former employee, current Fellow and generous supporter of EFF.

That said, this is one fine collection of essays. ©ontent: Selected Essays on Technology, Creativity, Copyright, and the Future of the Future collects Cory's thoughts on issues as diverse as the conflict between copyright and free speech, the evils of DRM, the importance of fanfic, and how EULA's threaten civilization. The book is more than just insightful, brilliant, and to the point — it's also funny and fun to read.

October 2, 2008 - 4:51pm 60480

California Governor Arnold Schwarzenegger yesterday signed Assembly Bill 2433 and filled a significant gap in protection for anonymous speech online. Authored by Assemblymember Paul Krekorian and co-sponsored by EFF, the California Anti-SLAPP Project and the California Newspaper Publishers Association, the new law allows speakers who successfully oppose the use of bogus out-of-state litigation to obtain their identities to recover attorneys' fees. Assemblymembers Sally Lieber and Anthony Portantino co-authored the bill.

October 2, 2008 - 11:23pm 60481

This Wednesday, Information Warfare Monitor published damning evidence showing that TOM-Skype, the version of the voice and chat program distributed in China not only blocks keywords from chat conversations, but also spies on and remotely reports the contents of Skype users' private text conversations. This directly contradicts Skype's previous assurances that "full end-to-end security is preserved and there is no compromise of people’s privacy", even on the customized Chinese client.

October 3, 2008 - 11:46am 60482
October 6, 2008 - 5:41pm 60483

The artist Joe Alterio has just announced a fantastic benefit that we heartily support. He is re-launching his project, Robots and Monsters: A Charitable Menagerie, trading original, custom-made art for donations to EFF!

Here's how it works: visit Joe's site, give him $50 along with three words or phrases to work from, and he'll send you an original work of art. EFF gets the proceeds, and Joe's adds a copy of the creation to his ever-growing menagerie of amazing creatures for everyone to enjoy.

Joe launched Robots and Monsters last year as a benefit for the SF AIDS Foundation. With the help of other artists, that project was so successful that it raised over $10,000. Now Joe is ready to support a new cause:

October 8, 2008 - 12:06pm 60484

Last week, the U.S. Chamber of Commerce urged President Bush to sign the PRO-IP Act, claiming that "counterfeiting and piracy of [intellectual property] is a growing problem that costs U.S. businesses nearly $250 billion in revenue each year [and] has already caused the loss of an estimated 750,000 American jobs..." Both figures, $250 billion and 750,000 jobs, are cartoonishly large and have activated the investigatory instincts of some smart reporters. What have they found?

October 8, 2008 - 1:07pm 60485

Freedom Not Fear is the world's ongoing demonstration against the encroachment of civil liberties by anti-terrorist laws -- particularly in the online world. This year the protests take place this Saturday, October 11th in nearly thirty countries, including the very first events in the Americas.

The origin of the campaign comes from Europeans' anger at the EU's 2006 data retention directive, a pan-European law that requires ISPs to log email and web traffic data for a minimum of six months, and often more. Terabytes of personal data on millions of innocent Europeans are now being collated, paid for by customers and taxpayers, and open for access by any criminal or civil investigation, no matter how trivial.

October 10, 2008 - 10:28am 60487

This has been a bad week for President Bush's warrantless wiretapping program. First, a government study reported that data-mining is actually a hindrance in the fight against terrorism. And now, two new whistleblowers have come forward with firsthand accounts of how innocent Americans' communications have been swept up in the NSA's dragnet.

October 10, 2008 - 4:58pm 60486

Why does Hollywood hate RealDVD so much? Here's a hint: it has nothing to do with piracy and everything to do with controlling innovation.

Earlier this week, a district court in San Francisco extended the temporary restraining order (TRO) blocking RealNetworks' distribution of its RealDVD software, at least until a full-dress preliminary injunction hearing can be held sometime in late November. Although reporters have done a good job reporting on the hearing, they have not answered a more basic question: why does Hollywood care so much about RealDVD in the first place?

October 11, 2008 - 8:34pm 60489
October 14, 2008 - 12:46pm 60490

Yesterday, the McCain-Palin campaign sent a letter to YouTube describing the troubles it has been having with bogus DMCA takedowns targeting its videos:

[O]verreaching copyright claims have resulted in the removal of non-infringing campaign videos from YouTube, thus silencing political speech. Numerous times during the course of the campaign, our advertisements or web videos have been the subject of DMCA takedown notices regarding uses that are clearly privileged under the fair use doctrine. The uses at issue have been the inclusion of fewer than ten seconds of footage from news broadcasts in campaign ads or videos, as a basis for commentary on the issues presented in the news reports, or on the reports themselves. These are paradigmatic examples of fair use...

October 14, 2008 - 5:29pm 60492
October 15, 2008 - 1:30pm 60491

Yesterday, we wrote about the McCain-Palin campaign's letter to YouTube, highlighting how DMCA takedown notices can make online speech disappear from the Internet, even when the claims of infringement plainly lack any merit.

Today, we bring you YouTube's response. YouTube's response points out, much like we did yesterday, that the McCain-Palin campaign's proposed solution (human review of DMCA takedown notices targeting videos posted by political candidates and campaigns) favors speech from one particular class of users. YouTube says that it "tri[es] to be careful not to favor one category of content on [its] site over others, and to treat all of [its] users fairly, regardless of whether they are an individual, a large corporation, or a candidate for public office."

October 16, 2008 - 12:08pm 60495

In his Word of the Day commentary yesterday, Stephen Colbert put forward a ringing defense of the NSA's spying program. Responding to reports that NSA employees are routinely listening in on the personal calls of US soldiers and aid workers stationed abroad, Colbert reminds viewers that "it's a lot easier to listen to Americans, they speak English."

October 16, 2008 - 1:04pm 60493

Every three years, the U.S. Copyright Office undertakes a rule-making to consider whether the DMCA's ban on circumventing technological protection measures (e.g., DRM and other "access control" restrictions) is interfering with noninfringing uses of copyrighted materials. The Copyright Office has announced that those interested in requesting a DMCA exemption for the period 2009-2012 must submit their proposals to the Copyright Office by December 2, 2008 (there will be an opportunity in February to support or oppose the proposals, but the proposals have to be made in December).

October 17, 2008 - 6:48pm 60494

On Monday, President Bushed signed a controversial intellectual property enforcement bill into law. This set of proposals for heightened intellectual property enforcement first appeared at the end of 2007 in the House's original PRO IP Act. The winding history of the bill not only sheds light on the agenda of the entertainment industry, but leads to an instructive conclusion -- that the vigilance of public interest groups and involved citizens is having a positive impact on copyright policy.

Many elements of the entertainment industry's wish list for this session of Congress went unfulfilled, largely thanks to the efforts of Public Knowledge. Some of the provisions stripped from the bill since last year include:

October 22, 2008 - 5:49pm 60496

Last Wednesday, Federal Communications Commission (FCC) Chairman Kevin Martin spoke in favor of opening up "white spaces" at a press conference while the FCC's Office of Engineering and Technology (OET) published its much-anticipated report on white space technology trials. The Commissioners also announced plans to vote on white spaces at their next meeting, November 4th, although predictably, white space opponents have requested a delay of the vote.

October 23, 2008 - 1:29pm 60497

A few weeks back, we produced a new graphic to accompany our new case against the government, Jewel v. NSA, challenging the Bush administration's illegal spying program. The graphic is a retooling of the NSA's logo, featuring a glowering eagle using his talons to illegally plug into the nation's telecommunications system — with the help of telecom giant AT&T.

By popular demand, we are now offering t-shirts featuring our NSA logo in an exclusive offer to members only. With a donation of $65 or more you can help us continue the fight against illegal spying and receive a shirt (as well as other premiums) in return. Your support makes our work possible! Thank you!

October 24, 2008 - 11:45am 60498

Since late 2004, EFF has been warning the public about "printer dots" -- tiny yellow dots that appear on documents produced by many color laser printers and copiers. These yellow dots form a coded pattern on every page the printer produces and can be used to identify specific details about a document; for example, the brand, model, and serial number of the device that printed it and when it was printed. In short, the printer dots are a surveillance tool that can link each printed page to the printer that printed it.

To help individuals learn more about printer dots and how to find them, EFF posted a video and tutorial to Instructables, titled, "Yellow Dots of Mystery: Is Your Printer Spying on You?". You can also watch the video here:

October 24, 2008 - 1:20pm 60500
October 27, 2008 - 4:24pm 60501

Hollywood's distaste for disruptive innovation isn't limited to software products like RealDVD. Now it is targeting DVD rental kiosks, like the Redbox kiosk pictured here.

The idea couldn't be simpler, or the innovation more pro-consumer: Redbox makes DVD rental kiosks that rent authentic, Hollywood DVDs. It's just like Blockbuster, only without the trappings of the store, which means kiosk vendors can do it cheaper, quicker, and in more places. Simple $1 per night DVD rentals. Brilliant.

October 28, 2008 - 4:31am 60499

Today is the tenth anniversary of the Digital Millennium Copyright Act (DMCA), signed into law by President Bill Clinton on October 28, 1998. EFF is marking the occasion with the release of a 19-page report that focuses on the most notorious part of the law: the ban on "circumventing" digital rights management (DRM) and other "technological protection measures." The report, entitled Unintended Consequences: Ten Years Under the DMCA, collects reported cases where the DMCA was used not against copyright infringers, but instead against consumers, scientists and legitimate competitors.

The collected stories are like a trip down memory lane for those who have followed digital freedom issues over the past decade. Here are a few examples of DMCA abuse in the report that you might remember:

October 28, 2008 - 11:59am 60502

Today, Google announced a settlement with authors and publishers in the class action lawsuits over Google Book Search. The settlement still needs to be approved by a New York federal court, but under the plan, Google will:

  • pay authors and publishers $125 million, part of which will be used to create a Book Rights Registry allowing copyright owners to register their works and receive a share of subscriptions, book sales and ad revenues;
  • allow users to purchase full books, saved to an "electronic bookshelf;"
  • will offer institutional subscriptions, including a free online portal for public libraries;
  • will point users to locations to buy or borrow searched books.

The settlement also says that authors and publishers will be able to activate "preview" and "purchase" modes for books that are in-print and copyrighted, as well as monetize out-of-print books that are digitized by Google.

October 28, 2008 - 10:02pm 60503

For almost two years, EFF has been a participant in negotiations between human rights groups, investors, academics and Internet companies -- including Yahoo!, Google, and Microsoft -- aimed at improving how those businesses deal with free expression and privacy issues around the world.

October 29, 2008 - 12:13pm 60504

The blogosphere is doing a great job examining the legacy of the Digital Millennium Copyright Act (DMCA), which was enacted into law ten years ago this week. But people frequently ask me where they can turn for a more in-depth analysis of the DMCA, DRM, and their impact on digital culture. For them, there are two books I recommend first and foremost.

October 31, 2008 - 9:13am 60506

The Court of Appeals for the Federal Circuit yesterday issued a decision that imposes firm limits on business method patents. The ruling effectively overturns a key part of the court’s decision in State Street Bank and Trust v. Signature Financial Group, which opened the door to an explosion of patents on "methods" of doing business so long as the methods involved use of a computer and produced a "useful, concrete, and tangible result."

October 31, 2008 - 10:07am 60505

UPDATE (Aug. 2009): If you are an author, head over to our Google Books page.

UPDATE (Jan. 2009): The official class notice has now been published. Anyone who owns a copyright and has questions about the settlement should start there. Also, I strongly recommend Prof. James Grimmelmann's analysis of the settlement.

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