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EFFector - Volume 15, Issue 28 - Motions Filed in Morpheus Peer-to-Peer Case


EFFector - Volume 15, Issue 28 - Motions Filed in Morpheus Peer-to-Peer Case

EFFector Online Newsletter

EFFector      Vol. 15, No. 28      September 11, 2002

A Publication of the Electronic Frontier Foundation     ISSN 1062-9424
In the 227th Issue of EFFector:

    * Motions Filed in Morpheus Peer-to-Peer Case
    * EFF's Second Annual Share-In This Weekend!
    * Help With Our Internet Blocking in Schools Project
    * Deep Links
    * Administrivia

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*Motions Filed in Morpheus Peer-to-Peer Case
Judge to Consider Legality of Gnutella Software

Los Angeles - Attorneys for StreamCast Networks, developers of the
popular Morpheus peer-to-peer (P2P) file sharing software, filed
briefs in federal court on Monday seeking a ruling that distribution
of the software does not violate copyright law.

Morpheus is a popular file-sharing application based on the
decentralized Gnutella P2P networking protocol.

In their briefs seeking summary judgment, attorneys from the
Electronic Frontier Foundation (EFF) and the law firm of Brobeck,
Phleger and Harrison argued that distribution of the software is legal
because the product is capable of substantial noninfringing uses and
because StreamCast cannot control the various uses of the software.

Supporting StreamCast in the motion is nine time Grammy nominee Janis
Ian, who believes that peer-to-peer software represents important new
opportunities for artists.

On October 2, 2001, 28 of the world's largest entertainment companies
sued StreamCast for the allegedly infringing actions of users of its
product (MGM et al v. Grokster et al, Case No. 01-CV-8541 SVW).

Additional briefs will be filed in the months to come, with oral
arguments set for December 2, 2002, before U.S. Federal District Court
Judge Stephen Wilson in Los Angeles.

For this release:

Documents related to Metro-Goldwyn Mayer v. Grokster case:

Janis Ian's "Internet Debacle" article:

- end -

*Electronic Frontier Foundation Holds Second Annual Share-In
John Perry Barlow, Mountain Girl Garcia Host Free Music Fest

San Francisco - Join the Electronic Frontier Foundation and five Bay
Area bands for an afternoon of live music and outdoor fun at EFF's
second annual Share-In. The festival will be held in Golden Gate
Park's Music Concourse Bandshell on Saturday, September 14th from noon
- 5pm. The celebration of independent music will be hosted by Grateful
Dead lyricist and EFF co-founder John Perry Barlow and former wife of
the late great Jerry Garcia, Mountain Girl Garcia.

Artists participating in this event will permit recording of their
performances by those in attendance in support of EFFs Open Audio
License (OAL). Musicians performing at the event include: the Box Set
Duo - clown princes of folk-rock, the classic funk band Funkmonsters,
celtic world-fusion group Hy Brassyl, harmony based folk-pop band
Atticus Scout, and Berkeley-based party band Shady Lady.

In addition to music, the Share-In will feature performers including
Ashley Foster the One Wheeled Wonder, the Existential Circus,
Frantastic Hands, the Metronome Dancers, and Willy Bologna and his
Sideshow Circus. Bring your family and friends!

Ben and Jerry's will sell their famous ice cream, and Cartwheel
Catering will be on site with hot dogs, pretzels, and churros.

Proceeds from the Share-In will go directly to EFF's Campaign for
Audiovisual Free Expression (CAFE), which oversees projects such as
the Open Audio License. CAFE empowers the creative community in
cyberspace by protecting the public's access to and use of audiovisual

The Open Audio License is a tool that EFF has developed in order to
help artists share music more directly with their fans, without
sacrificing recognition for their creativity. The OAL encourages
collaboration, providing artists with an alternative to a business
model strictly driven by profit. Based on the open source and free
software initiatives for software development, the OAL encourages
artists to share with one another and their fans

Adoption of the OAL does not mean that artists go unrewarded for their
work. On the contrary, the OAL permits artists to share single tracks
or performances and gain widespread recognition for their work without
relying on intermediaries. EFF encourages new models of music
distribution in the digital world that benefit the artists themselves.
The Internet makes it possible to drastically reduce the overhead for
packaging and distributing music, which is where record companies
currently spend most of the money that could be going to artists. EFF
is committed to developing tools that empower artists to take control
over their own art and to be compensated appropriately for their works.

When: Saturday, September 14th, Noon-5pm

Where: Music Concourse Bandshell in Golden Gate Park, near the
Japanese Tea Gardens between MLK Drive and JFK Drive

More Information and Travel Directions:

EFF's Cafe Project:

The Open Audio License:

- end -

*Help With Our Internet Blocking in Schools Study

If you know of any public school students, teachers, school
administrators, school board members, parents, or recent public school
alumni in the United States who are willing to speak about the impact
of Internet blocking on educational opportunities, the EFF would like
to make contact with them. We are especially looking for people in or
near the following areas:

    * Asheville, NC
    * Boston, MA
    * Nashville, TN
    * New York City
    * San Francisco, CA

Please have them contact:
Will Doherty

- end -

*Deep Links
Deep Links features noteworthy news items, victories, and threats from
around the Internet.

Community Wireless Allows People to Break Away from Czech Telekom
Another wireless community helps bring access to rural areas and those
who otherwise would not have access. See the story at:

- end -

Google Blocked in China
A populat search engine is blocked in China and internet traffic is
constantly being monitored. Read about it at:

- end -

iPod Clone Spoiled by DRM
Second generation USB speed rendered useless by DRM encryption used in
Toshiba's Mobilphile:,4161,2877898,00.html

- end -

The Netizen in 2002
What does it mean to be a Netizen today? Contribute to the call for
submissions found at:

- end -


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Ren Bucholz, Activist

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