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EFFector - Volume 22, Issue 13 - EFF Has Filed Suit Against Apple Computer, Inc., to Defend the First Amendment

EFFector Vol. 22, No. 13  May 1, 2009 editor@eff.org

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

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In our 508th issue:

* EFF HAS FILED SUIT AGAINST APPLE COMPUTER, INC., TO
DEFEND THE FIRST AMENDMENT rights of an operator of a
public Internet "wiki" site known as BluWiki. The site is
entirely noncommercial, operated by OdioWorks as a public
service.

Late last year, Apple lawyers demanded removal of some of
the content on BluWiki, alleging that the discussions
constituted copyright infringement and a violation of the
DMCA's prohibition on circumventing copy protection
measures. The discussions in question focused on how
hobbyists might enable iPods and iPhones to work with
desktop media management software other than Apple's own
iTunes software, such as WinAmp and Songbird. Fearing legal
action by Apple, OdioWorks took down the discussions from
the BluWiki site.

OdioWorks filed the lawsuit in order to vindicate its right
to restore those discussions. The suit seeks a declaratory
judgment that the discussions do not violate any of the
DMCA's anti-circumvention provisions and do not infringe
any copyrights owned by Apple.

For the full press release:
http://www.eff.org/press/archives/2009/04/27

For more on this case:
http://www.eff.org/cases/odioworks-v-apple

* EFF HAS CALLED ON CONGRESS TO EXAMINE THE INVESTIGATIVE
DATA WAREHOUSE (IDW) -- a massive FBI data-mining project
that includes a billion records, many of which contain
personal information on American citizens. Supporting its
request, EFF provided Congress with its new report on IDW,
published this week with information obtained through
Freedom of Information Act (FOIA) litigation.

In August 2006, EFF sought documents about the IDW under
the Freedom of Information Act, but the agency has withheld
important details about the collection, maintenance, and
use of personal information contained in the huge database.
The Department of Justice recently told the court that no
additional material will be disclosed, despite the Obama
administration's new policies on open government.

The IDW contains at least 53 datasets and includes more
than four times as many unique documents as the Library of
Congress.

For the press release:
http://www.eff.org/press/archives/2009/04/28

For the blog post:
http://www.eff.org/deeplinks/2009/04/eff-issues-report-fb

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EFF Updates

* Ninth Circuit Issues State Secrets Opinion
The Ninth Circuit Court of Appeals rejected the
Government's expansive view of the state secrets privilege
this week, allowing an "extraordinary rendition" case
against Jeppesen Dataplan to proceed.
http://www.eff.org/deeplinks/2009/04/ninth-circuit-allows

* Hearings on Phone Unlocking, Jailbreaking, DVD Clipping
Today the U.S. Copyright Office comes to Stanford Law
School to hold hearings on proposed exemptions to the
DMCA's prohibition on circumventing technical protection
measures.
http://www.eff.org/deeplinks/2009/04/dmca-hearings-phone-

* RealDVD v. DVD-CCA: The Duel Begins In Earnest
Opening shots were fired last week in the RealNetworks v.
DVD-CCA case. Unfortunately, the public was excluded from
key parts of the battle, when the presiding judge, Marilyn
Hall Patel, granted DVD-CCA's request to close the
courtroom.
http://www.eff.org/deeplinks/2009/04/realdvd-v-dvd-cca-du

* Google Book Search Settlement
In recent weeks, there have been a number of important
developments relating to the Google Book Search settlement,
currently awaiting approval before a court in New York.
http://www.eff.org/deeplinks/2009/04/google-book-search-s

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miniLinks

~ Rep. Boucher Pushes Internet Privacy Legislation
The Virginia Congressman wants legislation that will
protect the public against behavioral advertising and other
new technologies.
http://www.cqpolitics.com/wmspage.cfm?docid=news-000003103117

~ Obama's First 100 Days: High Marks for Science, Low for
Privacy
Wired's Threat Level blog grades the Obama administration
on issues of copyright, cyber security, transparency and
privacy.
http://www.wired.com/threatlevel/2009/04/obama-100-days

~ Lessig Video Gets DMCA Takedown
Warner Music issued a DMCA takedown against a video by
copyright and DMCA law expert Lawrence Lessig.
http://arstechnica.com/tech-policy/news/2009/04/lessig-presentation-on-youtube-hit-with-dmca-takedown-notice.ars

For more miniLinks:
http://www.eff.org/deeplinks/2009/04/minilinks-2009-04-30

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Announcements

* Send EFF to CFP!

EFF is looking for donations of airline tickets for the
Computers, Freedom and Privacy conference and other
conferences and speaking engagements. We need at least one
round trip ticket from San Francisco to Washington, D.C.,
for CFP, and we'll certainly need additional tickets
throughout the year. If you have enough airline miles for a
free ticket and would like to send an EFF staffer to a
conference, let us know, and we will help you with the
process of making the reservation. Please note that at this
time, we are unable to combine miles from multiple
individuals.

In exchange for a ticket, we can offer a free membership
and a mention in EFFector (if you'd like). Please contact
info@eff.org if you have a ticket to donate.

Thank you Doug Faunt for donating tickets!

* EFF's Web 2.0 Compliance Bootcamp

Does your company have to contend with the maze of laws
dealing with user privacy and publishing user content? Want
to do the right thing by the online community that gives
your business value, and still fulfill your legal
obligations?

On May 11, 2009, EFF will reprise its successful one-day
session for Internet companies that handle issues arising
from users and user-generated content. From DMCA to CDA to
ECPA, the law surrounding Internet content can be
confusing, especially for the folks who have to decide on
the fly whether to let something stay up or take it down,
or whether to give their customer's name to the FBI agent
on the phone. We will also have additional sessions on open
source licensing and employment law for start-ups and small
Internet companies. The event is co-sponsored by the Golden
Gate University School of Law Intellectual Property Law
Center.

Topic areas include:
* Defamation, harassment, and other accusations of bad
behavior
* Fair use, free culture, and the right to remix
* Copyright take-downs and put-backs
* How to respond to cops, crooks, and courts who want your
customers' communications and other private information
* Anonymous speakers
* Porn, predators, and the pressure to police
* Open source issues
* Employment basics for start-ups

Where:
Golden Gate University School of Law
536 Mission Street
San Francisco CA, 94105-2968

How much:
$300. Google has generously offered to sponsor some
attendees who cannot afford the $300 price. Please send a
short paragraph about why you need the scholarship
assistance to bootcamp@eff.org. We will evaluate all
applicants and get back to you a week before the event.

For more information:
http://www.eff.org/bootcamp/

To sign up:
http://secure.eff.org/bootcamp

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Administrivia

EFFector is published by:
The Electronic Frontier Foundation
http://www.eff.org/about

Editor:
Sara Bassett, Membership Services Assistant
sara@eff.org

Membership & donation queries:
membership@eff.org

To support EFF:
secure.eff.org/donate

General EFF, legal, policy, or online resources queries:
information@eff.org

Back issues of EFFector are available at:
http://www.eff.org/effector/
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