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EFFector - Volume 14, Issue 19 - Sign up to Play at EFF's Music Share In on September 8th

    EFFector       Vol. 14, No. 19       Aug 10, 2001     editor@eff.org

   A Publication of the Electronic Frontier Foundation     ISSN 1062-9424

    In the 179th Issue of EFFector (now with over 28,500 subscribers!):

     * Please Donate Your Tax Refund to EFF
     * Attention Musicians: Sign up to Play at EFF's Music Share In on
       September 8th
     * Artists and Audiences Strike a New Deal with Open Licensing of
       Music
     * EFF Speaks at O'Reilly Conference in DC - Monday, September 17
       2001
     * EFF Thanks LabTam Finland for Generous Software Donation
     * Administrivia

   For more information on EFF activities & alerts: http://www.eff.org/

   To join EFF or make an additional donation:
   http://www.eff.org/support/
   EFF is a member-supported non-profit. Please sign up as a member
   today!
     _________________________________________________________________

Donate your tax refund to the EFF!

   We need your help now more than ever! Please make a US-tax-deductible
   contribution to the Electronic Frontier Foundation!

    http://www.eff.org/support/
     _________________________________________________________________


Attention Musicians: Sign Up to Play at EFF's Share-In Music Festival

     EFF Unplugged: Music Share-In
     Saturday, September 8, 2001
     Stanyan Meadow, Golden Gate Park, San Francisco (Corner of Haight
     and Stanyon)
     2 p.m. - 5 p.m.

   The Electronic Frontier Foundation (EFF) would like to invite you to
   participate in an open air concert event for everyone who loves music.
   EFF Unplugged will feature musicians from around the Bay Area
   performing acoustically in Golden Gate Park. Artists participating in
   this event will permit recording of their performances by those in
   attendance in support of EFF's Open Audio License (OAL).

   The OAL was developed to help artists share their work with others
   without giving up the recognition they deserve for creating the art.
   Based on the open source and free software initiatives for software
   development, the open audio license encourages artists to share with
   one another and their fans and to build upon the works of others.

   Adoption of the OAL does not mean that an artist does not get
   compensated for his or her work. On the contrary--the OAL permits
   artists to share single tracks or performances, with recognition, that
   could lead to sales of additional music. EFF is extremely sensitive to
   supporting new models of music distribution in the digital world that
   see more money going to the artists themselves. One of the great
   qualities of the Internet is that packaging and distributing music,
   which is where most of the money is currently spent by record
   companies, is trivial. EFF is committed to developing tools that
   empower artists to take control over their own art and to be
   compensated appropriately for their works.

   EFF believes that many of the laws and technologies being developed
   today to protect intellectual property actually harm the public's
   First Amendment and fair use rights and make criminals of people doing
   perfectly legitimate things. We are striving to help artists realize
   the full potential of the Internet for reaching their fans by
   challenging restrictive laws in courtrooms and through public
   education events, like this one.

   In addition to several stages of acoustic music, the Share-In will
   showcase numerous booths hosted by EFF and outside sponsors, including
   artists' rights organizations and independent labels. For more
   information about participating in EFF's Music Share-In, contact:

     Katina Bishop, EFF Director of Education and Offline Activism,
       +1 415-436-9333 x101,
       katina@eff.org

   More information about the Share-In:
     http://www.eff.org/events/share-in/

   Information about EFF's Open Audio License is available at:
     http://www.eff.org/IP/Open_licenses/

   EFF is the leading civil liberties organization working to protect
   rights in the digital world. Founded in 1990, EFF actively encourages
   and challenges everyone 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 websites in the
   world at:
     http://www.eff.org/
     _________________________________________________________________


Artists and Audiences Strike a New Deal with Open Licensing of Music

  By Robin D. Gross, Esq.

   Artists' reputations are their number one assets. Whether they earn
   their living by live performance fees, CD or merchandising sales,
   subscription or sponsorship fees, advertising, or a variety of other
   revenue-generating models, the more artists are known and appreciated
   by the public, the better positioned they are is to seek and obtain
   fees for their creative services.

   Now imagine a world full of musicians, all creating, exchanging ideas
   and building upon the works of others -- a true artist's collective.
   Digital technology makes this possible. The revolutionary ease of
   copying and distribution of music over the Internet allows musicians
   to reach millions of people around the globe at minimal cost; at the
   same time, the technology truly dissolves the boundaries between who
   can be considered a creator and who is merely a consumer of art.
   Musicians would have the opportunity to draw upon and truly build from
   the works of others like never before. DJs could wade into an
   increasing pool of music to broadcast or webcast without legal
   restrictions. Artists would finally have a way to establish a direct
   connection with their audiences. All this is possible through open
   licensing.

   The Electronic Frontier Foundation (EFF) was founded in 1990 to
   protect civil liberties like freedom of expression and privacy rights
   in the electronic world. EFF recently released the Open Audio License
   with terms under which artists can choose to distribute their own
   songs if they wish. It is EFF's hope that the license will empower the
   artistic community and promote freedom of expression by taking
   advantage of law and technology.

   Original songs that artists choose to release under the Open Audio
   License may be copied and shared with friends or publicly performed by
   anyone without restrictions or royalties, so long as credit is
   provided to the artist. The license terms strike a new deal between
   artists and the public, opening up greater opportunities for musicians
   worldwide who want to touch the most hearts and minds with their
   message.

   Open licensing allows artists to continue to profit from their music
   released under the license in many of the same traditional ways they
   always have, such as CD sales, live performance revenues,
   merchandising, etc. Artists can also release one track of a CD under
   the open license as a promotional tool to come to the website and buy
   the entire CD.

   In many respects, this idea is not revolutionary. Record labels and
   artists regularly release free songs for the publicity value. It
   should come as no surprise that the more an artist is heard, the
   better her record and concert sales are and the more invitations to
   provide other musical services she receives.

   One real possibility for artist revenues in an electronic age that is
   compatible with the open licensing is upfront fees for musical
   services such as composition. Artists' livelihood may shift away from
   one of payment for music as product to one of music as a service. The
   rules of the game may be changing, but artists will adapt to a home in
   the digital environment where greater opportunities await them.

   Just as lawyers are paid fees for their services of drafting
   contracts, artists can be commissioned to compose and record original
   songs to, for example, commemorate weddings or births, which can be
   further distributed to family, friends and heirs throughout time. The
   industrial era for music distribution revolved around a model of mass
   production of few songs that would be sold to all. Digital technology
   allows creators to cultivate the value of individual customization of
   music, something much more personal.

   In the digital world, artists who wed their income solely to fees per
   copies of goods sold seem to be selling themselves short. Since we are
   moving toward an environment where any intellectual creation can and
   will be copied and distributed with the click of a mouse, to tie
   artist revenue to fees for copies distributed also seems to be the
   surest way for artists to starve.

   Rather than shoe-horning an old revenue model into a new technological
   environment, as "digital rights management" (copy-prevention systems)
   or other digital audio security schemes attempt, open licensing takes
   advantage of the properties of digital technology, like ease of
   copying and distributing. Artists' fans become their top promoters, by
   passing on the music that they like to friends along with means to
   connect with the artists, such as Web or e-mail addresses. This kind
   of "viral marketing" or super-distribution of artists' music provides
   an unprecedented opportunity to independent artists around the world
   to pursue their passions. The challenge is now to the electronic
   pioneers to use these new tools to build new business models or new
   twists on the old ones that sustain and enhance artists' livelihood in
   a digital world.

   For more information about open licensing, including EFF's model Open
   Audio License (OAL), see:
     http://www.eff.org/IP/Open_licenses/
     _________________________________________________________________


EFF Speaks at O'Reilly Conference in DC - Monday, September 17, 2001

  Emergent Computing Policy Roundtable

   Peer-to-peer computing and web services bring fundamental shifts to
   information and entertainment services--shifts that have major legal,
   social, and moral repercussions. On Monday, September 17, 2001, Tim
   O'Reilly brings together legal, political, and technology experts at
   the Omni Shoreham Hotel in Washington DC for a no-holds-barred
   roundtable discussion of the promise and perils of P2P and web
   services. We invite you to join in this event, which is open and free
   to the public. An audience Q&A follows the formal roundtable
   discussion. Confirmed roundtable participants include:
     * Tim O'Reilly, O'Reilly & Associates (and EFF
       Boardmember-Emeritus), Moderator
     * Manus Cooney, Napster
     * Jon Potter, Digital Media Association (DiMA)
     * Marc Rotenberg, Electronic Privacy Information Center (EPIC)
     * Peter Jaszi, Digital Future Coalition (DFC)
     * Cindy Cohn, Electronic Frontier Foundation (EFF)
     * Jenny Toomey, Future of Music Coalition (FMC)
     * Dan Gilmor, San Jose Mercury News

   Roundtable participants will discuss such issues as:
     * Does MP3 filesharing on Napster--and now scores of other
       systems--represent widespread disregard for the rights of
       copyright owners? Or does the Napster lawsuit represent an attempt
       to increase content providers' ability to control new distribution
       technologies?
     * Will we hold technology makers responsible for the activities of
       all technology users? If not, how will we control the tools?
     * Do DMCA limitations on breaking encryption schemes represent an
       unreasonable limit on innovation and fair use, or needed
       protections against dangerous crackers?
     * How should the DMCA apply to technologies that have many uses,
       only some of which threaten copyright owners?
     * Are consumers better off with digital access to music, movies, and
       books? Or are personal and fair use rights being eroded?

   O'Reilly & Associates CEO Tim O'Reilly is an Internet activist and
   leader in the open source movement. The roundtable is taking place in
   conjunction with the O'Reilly Peer-to-Peer and Web Services
   Conference, September 18-21, 2001, at the Omni Shoreham Hotel in
   Washington DC.

   EFF staff and board will also be presenting at various sessions
   throughout the conference.

   For more information about the organizations represented at the
   roundtable, visit these web sites:
     http://www.eff.org/         - Electronic Frontier Foundation
     http://www.napster.com/                            - Napster
     http://www.digmedia.org/         - Digital Media Association
     http://www.epic.org/ - Electronic Privacy Information Center
     http://www.dfc.org/               - Digital Future Coalition
     http://www.futureofmusic.org/    - Future of Music Coalition

    CONFERENCE UPDATE:

   On Monday, September 17th, there will be a number of peer-to-peer and
   web services community meetings. For more information about these
   important events, please visit the conference web site:
     http://conferences.oreilly.com/p2p/

    CONFERENCE DETAILS

   Tuesday September 18th features a full day of tutorials including
   .NET, Groove, JXTA, SOAP, Jabber, OpenCOLA, Programming Web Services,
   and an insightful technology overview by the program committee:
   O'Reilly Networks Maven Rael Dornfest, OpenCOLA Co-Founder and Chief
   Evangelist Cory Doctorow, Hack the Planet weblog editor Wes Felter,
   and WorldOS Corp. CEO Lucas Gonze. Wednesday the 19th marks the
   opening of the conference and exposition hall. As is customary for all
   O'Reilly conferences, you can expect deeply technical and provocative
   session presentations. Our lively exhibit hall features a
   hands-on-look at the latest devices and technologies. And don't
   forget, during the breaks the hallways will be teeming with vigorous
   community discussions about the P2P and Web Services space.
     _________________________________________________________________


EFF Thanks LabTam Finland for Generous Software Donation

   The EFF wants to thank the folks at LabTam Finland for their generous
   software donation of their WinaXe product. WinaXe is a Windows program
   that allows Windows to run as an Linux Xwindows terminal. This allows
   the Windows users to run Unix gui applications and even run an entire
   Unix desktop on their laptop computers. By using this product our
   users can run Windows and Linux at the same time and can cut and paste
   information between the two operating systems. And a single Linux
   server provides the desktop for all our Linux users. LabTam website:
     http://www.labf.com/

   The EFF appreciates companies like LabTam who make useful software and
   donate licenses to EFF. This helps us become more effective in our
   struggle to protect civil liberties.
     _________________________________________________________________


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/

   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:
   http://www.eff.org/support/

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