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EFFector - Volume 15, Issue 4 - You Buy It, You Own It! Support Philips in Defending Untainted CDs


EFFector - Volume 15, Issue 4 - You Buy It, You Own It! Support Philips in Defending Untainted CDs

 EFFector       Vol. 15, No. 4       Feb. 3, 2002  
 A Publication of the Electronic Frontier Foundation     ISSN 1062-9424  
In the 203rd Issue of EFFector:

  * EFF ALERT: You Buy It, You Own It! Support Philips in Defending
    Untainted CDs
  * Security Researchers Drop Scientific Censorship Case
  * EFF Files Amicus Brief in Elcomsoft Case
  * Donate to Jon Johansen Legal Defense Fund
  * Exchange Ideas with Larry Lessig at EFF Benefit Dinner
  * Join EFF Staff Attorneys in Interactive Discussion at Feb. "BayFF"
  * World Wide Web Consortium Skeptical of Web Patent Royalties
  * Donate to EFF by Starting Your B&N or Amazon Shopping via our
    Affiliate Links
  * Administrivia

For more information on EFF activities & alerts:

To join EFF or make an additional donation:
EFF is a member-supported nonprofit. Please sign up as a member today!




Electronic Frontier Foundation ACTION ALERT

(Issued: Wednesday, February 6, 2002 / Expires: Thursday, February 28,


As many EFF members know from firsthand experience, several record
companies are beginning to ship music disks that are dysfunctional.
Consumers are buying CDs in a record store or online, paying full price
for what they believe is a normal CD, only to return home to discover
that the CD won't play on their computers, in their cars and even on
certain other CD components. Because corrupt CDs may bear the 'CD'
trademark and are sold alongside ordinary CDs, consumers are being fooled
into purchasing inferior products.

In mid-January, Philips, the Dutch consumer electronics manufacturer that
co-created the CD format and now owns the trademark in the term "CD,"
came out in favor of consumers in response to this growing problem.
Philips started warning record labels about the "troublesome and
cumbersome" nature of these disks, noting that dysfunctional disks should
not rightfully be called "CDs," and indicated the disks might not wear as
well as real CDs.

Philips has taken a courageous stand against dysfunctional CDs and will
likely face strong opposition from the powerful companies who are
marketing these disks. The entertainment industry has already shown its
strong support of similar proposals, such as the Secure Digital Music
Initiative (SDMI) and the Security Systems Standards and Certification
Act (SSSCA), which would make it "unlawful to manufacture, import, offer
to the public, provide or otherwise traffic in any interactive digital
device that does not include and utilize certified security

Already, Philips has refused to comment further on the dispute.

What YOU Can Do Now:

  * Let Philips know that you appreciate their decision to stand with
    their customers and protect their rights. Urge them to continue
    protecting the good name of the CD label and, at a minimum, to
    require that:
     1. dysfunctional CDs not be labelled as CDs;
     2. dysfunctional CDs be segregated from real CDs in record stores
        and online stores, so that consumers won't be confused;
     3. consumer electronics manufacturers be free to develop devices
        that play untainted CDs and work around defects of dysfunctional
    This battle is just beginning and your rights are at stake. We need
    to reward the manufacturers and technologies that stand up to protect
    consumers' rights, even as we decry those who are working hard to
    take our rights away.
  * Join EFF! For membership information see:

Sample Letter (Snail Mail, Email, or Phone Script):

	Dear Philips Representatives,
	Thank you for standing up for my rights as a consumer.
	I am concerned that some record labels are releasing music disks that do
	not play on all CD players and that do not allow me to exercise my fair
	use rights. I am even more concerned that they are confusing and
	misleading consumers by labelling these disks as "CDs." Please stand firm
	in your resolve to ensure that we, your customers, retain the
	consistently high quality CD experience that Philips pioneered.
	We urge you to:
	 1. make sure that dysfunctional disks are not labelled as "CDs" in our
	    record stores offline and online and that any labelling clearly
	    identifies their use limitations (i.e. only plays on Windows
	    computers; will not play in most car stereos, etc.);
	 2. require that dysfunctional disks be plainly segregated from real CDs,
	    so that consumers are not confused or misled;
	 3. continue to make and sell consumer electronics equipment that plays
	    and records all CDs and that allows consumers to exercise our rights
	    under copyright law, both in the US and around the world.
	I would be most grateful if you would convey my thoughts on this
	important issue to these and any other appropriate Philips employees:
	  * Gerard Kleisterlee, President and CEO
	  * Caroline Kamerbeek, Intellectual Property Media Contact
	  * Koenraad van Hasselt, Consumer Electronics Media
	Thank you again for standing with your customers on this vital issue. I
	understand that you may receive pressure from the entertainment industry
	to endorse these dysfunctional locked-down products, and I will remember
	Philips' position when I next shop for consumer electronics equipment.
	[your signature]
	[your full name]
	[your full address; include this for maximum effect]
Contact (both if possible):

 1. (Worldwide Headquarters in the Netherlands)
    Philips Consumer Electronics
    Attn: Koenraad van Hasselt
    Tel: +31 20 5977912
    Fax: +31 20 5977910
 2. (North American Consumer Electronics Division)
    Philips Consumer Electronics Company
    Office of the President
    Attn: Lawrence Blanford
    One Philips Drive
    PO Box 14810
    Knoxville TN 37914-1010 USA


Please remember to be polite but firm. Ranting, swearing, or lack of
clear focus and resolve will not make a good impression. Try to make it
brief (1-3 paragraphs written, or a few sentences spoken) and clear,
without getting into nitpicky details. Re-casting the letter in your own
words will be more effective than copy-pasting our sample.

Activists Around the World

The alert is for activists in any country.


Press reports:,1283,50101,00.html

HTML version of this alert:

CAFE Campaign:

This drive to contact Philips about their position on copy-protected
so-called CDs is part of a larger campaign to highlight intellectual
property industry assaults against the public's fair use rights, and what
you can do about it.

Check the EFF Campaign for Audivisual Free Expression (CAFE) website
regularly for additional alerts and news:

About EFF:

The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded in
1990, EFF actively encourages and challenges industry and government 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 Web sites in the world:


Will Doherty, EFF Online Activist / Media Relations
  +1 415 436 9333 x111

Fred von Lohmann, EFF Senior Intellectual Property Attorney
  +1 415-436-9333 x123

Robin Gross, EFF Intellectual Property Attorney
  +1 415-436-9333 x112

                                 - end -                                 




For Immediate Release: Wednesday, February 6, 2002

San Francisco - Citing assurances from the government, the recording
industry, and a federal court that the threats against his research team
were ill-conceived and will not be repeated, Professor Edward Felten and
his research team decided not to appeal the November dismissal of their
case by a New Jersey Federal Court.

The government stated in documents filed with the court in November 2001
that "scientists attempting to study access control technologies" are not
subject to the Digital Millennium Copyright Act (DMCA). The Recording
Industry Association of America echoed this, stating "we felt Felten
should publish his findings, because everyone benefits from research into
the vulnerabilities of security mechanisms."

"Based on these and other statements from the government and the
recording industry, the judge dismissed our case," noted Princeton
Professor Ed Felten. "Although we would have preferred an enforceable
court ruling, our research team decided to take the government and
industry at their word that they will never again threaten publishers of
scientific research that exposes vulnerabilities in security systems for
copyrighted works."

The research team led by Professor Felten included professors Bede Liu
and Daniel Wallach and researchers Scott Craver, Min Wu, Ben
Swartzlander, Adam Stubblefield, and Richard Drews Dean.

Together with USENIX, an association of over 10,000 technologists that
publishes such scientific research, Princeton Professor Edward Felten and
his research team had asked the court to declare that they have a First
Amendment right to discuss and publish their work, even if it may discuss
weaknesses in the technological systems used to control digital music.
The DMCA, passed in 1998, outlaws providing technology and information
that can be used to gain access to a copyrighted work.

The recording industry threatened the researchers under the DMCA for
their planned release of a research paper describing the defects in the
proposed Secure Digital Music Initiative (SDMI) lock-down schemes for
audio CDs. The original threats led the researchers to withdraw the paper
from a planned conference. In response to the lawsuit, the recording
industry promised not to sue the research team or USENIX for presenting
the research at a USENIX security conference in August 2001.

"The statements by the government and the recording industry indicate
that they now recognize they can't use the DMCA to squelch science,"
added EFF Legal Director Cindy Cohn. "If they are as good as their word,
science can continue unabated. Should they backslide, EFF will be there."


Documents related to the case:

                                 - end -                                 




For Immediate Release: Monday, February 4, 2002

San Jose - The Electronic Frontier Foundation (EFF) today filed an amicus
brief in federal district court asking that the Digital Millenium
Copyright Act (DMCA) be found unconstitutional because it impinges on
protected speech and stifles technological innovation. The case arises
from the criminal prosecution of Russian programmer Dmitry Sklyarov and
Elcomsoft, the Moscow-based company where he works.

Despite essentially dropping its prosecution of Dmitry Sklyarov on
December 13, 2001, the U.S. government has maintained that the Russian
company Elcomsoft should still be held criminally liable for creating
software that converts Adobe eBooks into PDF format files.

The Computing Law and Technology and U.S. Public Policy Committees of the
Association for Computing Machinery, the American Association of Law
Libraries, the Electronic Privacy Information Center, the Consumer
Project on Technology, Computer Professionals for Social Responsibility,
and the Music Library Association signed on to the EFF brief that, along
with a brief from 35 law professors, supports Elcomsoft's own motions to
dismiss the case.

"The Adobe eBook technology hands complete control of the user's
experience to publishers," noted EFF Legal Director Cindy Cohn. "They can
prevent lending or selling of eBooks, transferring eBooks from one
machine to another for more convenient reading, printing segments of an
eBook for use in criticism or commentary, or enabling text-to-speech
software, often used by blind people."

"The law should protect the First Amendment rights of eBook purchasers,
not just eBook publishers or corporations trying to lock down eBook
formats," stated EFF Intellectual Property Attorney Robin Gross. "If
Elcomsoft is convicted under the DMCA, it will be illegal for competitors
to write software or build digital entertainment devices that compete
with those from the established media companies."

At Adobe's request, the FBI arrested Elcomsoft employee Dmitry Sklyarov
after he delivered a lecture in Las Vegas on July 17, 2001. In August,
the U.S. Department of Justice indicted both Sklyarov and Elcomsoft on
five counts of violating the DMCA's anti-circumvention measures and
conspiracy. After weeks of protests and an international letter-writing
campaign opposing the prosecution of the then 26-year-old father of two,
the Justice Department finally agreed to drop the criminal charges
against Sklyarov in late 2001 in exchange for his promise to testify in
the case.

Elcomsoft's motion to dismiss on constitutional grounds is set to be
heard before Federal District Court Judge Ronald Whyte on April 1, 2002
in San Jose, California. An earlier set of motions filed by Elcomsoft to
dismiss the case for lack of jurisdiction and and for lack of proof of a
"conspiracy" are set for hearing on March 4, 2002.


Documents related to U.S. v. Elcom & Sklyarov case:

                                 - end -                                 



The Electronic Frontier Foundation is collecting donations to assist Jon
Johansen in his legal defense costs. Contribute here:

Please note that your contribution to this fund will go exclusively to
Jon Johansen's defense. If you want to make a donation to the EFF's
activities, go instead to:

At the request of the Motion Picture Association, Jon Johansen was
criminally charged by the Norwegian Economic Crime Unit (¯KOKRIM) on
January 9, 2002, for his role in creating DeCSS software. Part of the
LiVID project's effort to build a DVD player for the Linux operating
system, Jon wrote DeCSS in 1999 at age fifteen.

¯KOKRIM indicted Johansen for violating Norwegian Criminal Code section
145.2, which outlaws breaking into another person's locked property to
gain access to data that one is not entitled to access. In the past, this
provision punished those who break into someone else's locked property to
steal information, such as bank records or other illegal information. If
convicted of this charge, Jon could face two years in prison.

By expanding the prohibitions of section 145.2 to include people who
break through encryption on their own DVDs in order to view them,
Hollywood creates a dangerous new legal precedent in Norway that gives
copyright holders undue control over what individuals may do with their
own property.

If Jon is convicted, the entertainment industry will establish a legal
precedent in Norway similar to the U.S. Digital Millennium Copyright Act
(DMCA), which outlaws circumventing access controls on media - even when
a DVD or CD is lawfully owned, without asking the Norwegian people or its
parliament to consider such a circumvention ban.

Jon needs our help to fight this legal battle and establish a clear
precedent in Norway that when you buy a DVD, you own it and can't be
prosecuted for trying to view it in ways not supported by the major

Jon's trial is expected to take place summer 2002 and funds are urgently
needed to begin preparation for Jon's legal defense. Attorney Cato
Schiotz with the Oslo law firm Schjodt & Co. represents Jon in this

More info on Johansen case:

                                 - end -                                 



As the first benefit dinner was a great success, we have decided to
repeat the experience to accommodate those who couldn't make it the first
time around.

You are invited to join Stanford University Law Professor and Electronic
Frontier Foundation (EFF) Board Member Larry Lessig for an intimate
conversation regarding his new book over dinner and drinks. This exchange
of ideas will take place in San Francisco on Tuesday, March 5th, at 
7:30 p.m. PT and will benefit EFF's work to protect rights in the digital

In his book, "The Future of Ideas," Larry warns of the dangers of
corporate power strangling public interest online. He argues that these
powerful forces could usher in a new "Dark Age" in which ideas are more
strictly monitored and filtered than at any time in our history.

Larry will engage a dozen interested people at the upscale new Japanese
restaurant Ozumo for a meal in the Sunken Kotatsu room.

Seated on cushions around a low wooden table, you will have the chance to
discuss Larry's book and ideas with him in an intimate personal setting
while enjoying excellent food. You will also be contributing to an
important cause, as the money raised from this unusual evening will go to
furthering the work of the Electronic Frontier Foundation.

The evening includes the opportunity to talk with Larry about his
thoughts for the future and how we can affect it, your dinner and drinks,
and a signed copy of "The Future of Ideas."

The cost is $500. As there are only 12 available seats, space will fill
up quickly.

Please contact Katina Bishop  for more information and to
RSVP at +1 415-436-9333 x101.

                                 - end -                                 





EFF "BayFF" Public Meeting on Copyright and Free Speech.

Movies. Music. Books. You buy it; you own it. That's how it used to be.
Now the DMCA and expanded copyright laws are helping Hollywood change all
that. Come and hear the EFF attorneys talk about the state of the
battlegrounds that affect your rights.

This event is free and open to the general public. Food and beverages
will be served.


Cindy Cohn - EFF Legal Director
Lee Tien - EFF Sr. 1st Amendment/Privacy Attorney
Fred von Lohmann - EFF Sr. Intellectual Property Attorney
Robin Gross - EFF Intellectual Property Attorney /CAFE Project Director
Moderated by Shari Steele - EFF Executive Director

Sponsored by The Electronic Frontier Foundation and the Berkeley Center
for Law and Technology.


Tuesday, February 12th, 2002
7:00 p.m. - 9:00 p.m. PT


Berkeley Center for Law & Technology
University of California
School of Law (Boalt Hall)
Goldburg Room, Second Floor
Berkeley, California 94720-7200
Tel: (510) 642-8073

For directions, see:

For more information or to RSVP contact Katina: +1 415-436-9333 x101, 

The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded in
1990, EFF actively encourages and challenges industry and government 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 Web sites in the world:

The Berkeley Center for Law & Technology was founded in 1995 to foster
beneficial and ethical advancement of technology by promoting the
understanding and guiding the development of intellectual property and
related fields of law and policy. Housed in Boalt Hall, the Center serves
as a resource for academia, the judiciary, law students, practitioners,
policy makers and others with an interest in the intersection between
technological development and the public interest.

                                 - end -                                 




The World Wide Web Consortium (W3C), which sets technical standards for
the World Wide Web, has recently published a new document titled "Current
Patent Practice":

This draft reflects the W3C's current view on the controversial subject
of patented technologies in the Web standards process. The Current
Practice document, produced as a draft by W3C's Patent Policy Working
Group, represents a considerable evolution from the earlier Draft Patent

The new policy shows considerable skepticism toward the practice of "RAND
licensing" (in which patented technologies are included in standards and
subject to "reasonable and non-discriminatory" license fees). EFF's view
is that such fees are never truly "non-discriminatory" and always deter
some prospective implementations of a standard, hurting interoperability.

Last October, EFF encouraged the public to submit comments to the Patent
Policy Working Group; over 1,000 public comments were received by W3C,
overwhelmingly opposing RAND licensing. Before the public comment period
began, W3C's draft patent policy supported RAND licensing for certain
standards where patent-holding companies sought to charge royalties. The
proposed new policy provides that "[a]t present, only Royalty-Free (RF)
Working Groups will be created"; it does not provide for any RAND
licensing at all in W3C's routine standards work. Although the proposed
policy does not absolutely forbid RAND licensing, it provides that the
use of RAND would require "Advisory Committee review and Director's
decision" on a case-by-case basis.

The policy also admonishes RAND proponents that "there is neither clear
support amongst [W3C]'s Membership for producing RAND specifications nor
a process for doing so" and that W3C committees "could recommend that
[patent-encumbered] work be taken to another [standards] organization".

The evolution of W3C's policy between October and January was the result
of many influences, including the efforts of those of you who chose to
share your opinions with that organization. Daniel Weitzner, chair of the
Patent Policy Working Group, has also invited the public to continue to
share its views on this topic. Your comments to the W3C can still be
submitted to ; please see the resources
below for background information.


New policy draft (Jan. 24, 2002):

Original policy draft (Aug. 16, 2001):

W3C's Daniel Weitzner: comments on new draft still welcome!
[This URL may line-break in your mail program, requiring you to copy
and paste both parts.]

W3C page on patent policy (with all documents and background):

EFF's previous call for public comments to W3C (on Aug. policy):

EFF's own comments submitted to W3C (on Aug. policy):


Seth Schoen, EFF Staff Technologist
  +1 415-436-9333 x107

Fred von Lohmann, EFF Senior Intellectual Property Attorney
  +1 415-436-9333 x123

                                 - end -                                 



Did you know that if you shop online at Amazon or Barnes & Noble, you can
have part of your purchase donated to EFF? If you arrive at one of these
sites by following the links below (also near top-right at http://, a percentage of your purchases will go towards supporting
your rights in a digital world. If you are planning on doing any shopping
at either of these sites, please keep this in mind - it's a convenient
way to support our work. And throughout the month of February, we will
earn double the referral fees on all DVD or VHS purchases. If you've been
meaning on picking up the DVD of Noam Chomsky's Manufacturing Consent
(for example), this is the month to do so!

In order for us to get these referral bonuses, you have to use these URLs
to get to B&N or Amazon and start your shopping:

  * Amazon:
  * B&N:

Please note that EFF does not endorse commercial products or services.
This is merely a notice of another way to donate to EFF. If you would
like to support EFF without spending money at either of these
establishments, please feel free to donate to us directly by visiting:

                                 - end -                                 



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)

Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster

To Join EFF online, or make an additional donation, go to:

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