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Seth Johnson | 1 Sep 2004 09:36
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Federal Circuit: No New Right Under DMCA


-------- Original Message --------
Subject: [DMCA_Discuss]Federal Circuit: DMCA does not create a
new property right forcopyright owners
Date: Wed, 1 Sep 2004 11:23:22 +0400
From: Vladimir Katalov <vkatalov <at> elcomsoft.com>
To: dmca_discuss <at> lists.microshaft.org

Federal Circuit: DMCA does not create a new property right for
copyright owners
Aug 31, 2004

http://patentlaw.typepad.com/patent/2004/08/federal_circuit_12.html

Chamberlain Group v. Skylink Technologies (Fed. Cir. 2004):
http://fedcir.gov/opinions/04-1118.doc

In a well reasoned opinion, the Federal Circuit (GAJARSA)
affirmed a district court's dismissal of a suit arising under
anti-trafficking provisions of the Digital Millennium Copyright
Act (DMCA).

  The DMCA does not create a new property right for copyright
owners.
  Nor, for that matter, does it divest the public of the property
  rights that the Copyright Act has long granted to the public.
The
  anticircumvention and anti-trafficking provisions of the DMCA
create
  new grounds of liability. A copyright owner seeking to impose
(Continue reading)

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Seth Johnson | 7 Sep 2004 00:35
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NY Arena: 8/28 Broadcast Flag Outreach Results


On Saturday, August 28, two NY Fair Use volunteers spent an hour
doing street outreach on Union Street in Brooklyn, NY, between
6th and 7th Avenue, recruiting volunteers to help build the
strength of the information freedom struggle.

We approached approximately 30 passers-by with a pitch to call
Congress to review the FCC's broadcast flag ruling.  Out of these
approaches, 6 people volunteered for various volunteer roles. 
That gives us a parity rate of 20%. This is roughly in line with
the general rate of about 18% which we have found in outreach on
various information freedom issues.  4 of these contacts
volunteered for Press Outreach, where we brainstorm and search
for constituencies online and pitch them to join in the action.

We set up the following action page:
> http://www.nyfairuse.org/action/fcc.flag/tell-congress.xhtml

We reused our street pitch for the broadcast flag NPRM, adapted
to reflect the shift in focus to Congress and the litigation at:
> http://www.publicknowledge.org/content/cases/broadcast-flag-challenge/

The text of the action page follows.

Seth Johnson

---

> http://www.nyfairuse.org/action/fcc.flag/tell-congress.xhtml
(Continue reading)

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Seth Johnson | 7 Sep 2004 00:37
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NY Arena: 9/5 Broadcast Flag Outreach Results


This Sunday, September 5, two NY Fair Use volunteers spent an
hour doing street outreach on Union Street in Brooklyn, NY,
between 6th and 7th Avenue, recruiting volunteers to help build
the strength of the information freedom struggle.

We approached approximately 50 passers-by with a pitch to call
Congress to review the FCC's broadcast flag ruling.  Out of these
approaches, 8 people volunteered for various volunteer roles.
That gives us a parity rate of 18%.  An additional 6 subscribed
to the fairuse-talk list.  7 of these contacts volunteered for
Online Outreach, where we brainstorm and search for
constituencies online and pitch them to join in the action.

We used the same pitch from last weekend; this time we set up a
table with posters.

Seth Johnson
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Seth Johnson | 7 Sep 2004 18:24
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NIH Invites Comment on Draft Proposal


-------- Original Message --------
Subject: NIH invites comment on draft proposal
Date: Tue, 07 Sep 2004 08:53:35 -0400
From: Ray English <Ray.English <at> oberlin.edu>
To: ACRL Scholarly Communication T.F. <SCHOLCOMM <at> ala.org>

An article from The Chronicle of Higher Education was forwarded
to you
by:

  ray.english <at> oberlin.edu

This article, "NIH Invites Comment on Proposal Requiring Free
Online Access to Research It Supports," is available online at
this address:

http://chronicle.com/temp/email.php?id=iu929l06iw8lo8ri4ecsrlbmnicf4e4c

This article will be available to non-subscribers of The
Chronicle for up to five days after it is e-mailed.

The article is always available to Chronicle subscribers at this
address:

http://chronicle.com/daily/2004/09/2004090701n.htm
_________________________________________________________________

Finding it hard to keep up with all that's happening in academe?
The Chronicle's e-mailed Daily Report keeps you up-to-date in a
(Continue reading)

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Seth Johnson | 8 Sep 2004 16:52
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Powell Discusses Skype


-------- Original Message --------
Subject: [DDN] FCC Chairman discusses Skype
Date: Wed, 08 Sep 2004 09:47:29 -0400
From: Andy Carvin <acarvin <at> edc.org>
Reply-To: The Digital Divide Network discussion
group<digitaldivide <at> milhouse.edc.org>
Organization: EDC Center for Media & Community
To: digitaldivide <at> milhouse.edc.org

Chris Kasch just posted the following reply to the Skype
discussion on my wwwedu list... -ac

---------------
Subject: skype perhaps of interest http://www.skype.com
From: "Chris R. Kasch" <ckasch <at> kaschassociates.com>
Date: Wed, 8 Sep 2004 08:29:05 -0500
To: <wwwedu <at> yahoogroups.com>

Michael Powell discussed Skype and how applications like that are
changing world of media and telco regulations a few months ago at
AlwaysOn.  You can listen to his speech from the AlwaysOn server
as a streaming DRM'ed Real or Windows Media file...

http://www.alwayson-network.com/events/index.php

At 18 minutes into the speech, Michael Powell responds to this
quote...

³I knew it was over when I downloaded Skype.  When the inventors
(Continue reading)

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Seth Johnson | 9 Sep 2004 16:26
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Distributed Search Company Sues RIAA over Patent


-------- Original Message --------
Subject: pho: c|net: P2P company sues RIAA over patent
Date: Wed, 8 Sep 2004 22:49:18 -0700
From: John Parres <johnparres <at> gmail.com>
To: "pho <at> onehouse.com" <pho <at> onehouse.com>

P2P company sues RIAA over patent

By John Borland
Staff Writer, CNET News.com
http://news.com.com/2100-1027-5357332.html

Story last modified September 8, 2004, 5:45 PM PDT

Altnet, a company that sells music and other digital goods
through file-swapping services, sued the Recording Industry
Association of America on Wednesday for alleged patent
infringement.

The company, a subsidiary of Brilliant Digital Entertainment,
contends that the RIAA has been infringing on one of its patents
in the course of copyright enforcement efforts inside
peer-to-peer networks. Overpeer, a copyright company owned by
Loudeye, and MediaDefender, also are named in the lawsuit.

"We've exhausted every means of trying to work with these
defendants and those they represent to patiently encourage and
positively develop the P2P distribution channel," said Altnet
Chief Executive Officer Kevin Bermeister in a statement. "We
(Continue reading)

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Seth Johnson | 9 Sep 2004 18:16
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Future of WIPO Workshop, September 13-14


-------- Original Message --------
Subject: [Random-bits] The Future of WIPO Workshop, September
13-14
Date: Thu, 09 Sep 2004 11:40:50 -0400
From: James Love <james.love <at> cptech.org>
To: random-bits <at> lists.essential.org

The Future of WIPO Workshop, September 13-14
Conference Centre of Varembé (CCV), Room A
Rue de Varembé 9, 1211 Geneva, Switzerland

www.cicg.ch/e/ccvconf.asp

MONDAY 13TH SEPTEMBER

8:30 am Registration

9:00 am Welcome
      Jim Murray - TACD / BEUC-European Consumers Organization
      Ed Mierzwinski, TACD / U.S Public Interest Research Group

9:15 am -  11:00 am
Panel 1 -- What is the WIPO Mission?
Chair: Benedicte Federspiel, Danish Consumer Council (FBR)
Panel Members:
      Tony Taubman, WIPO
      Rogier Wezenbeek, European Commission
      Larry Lessig, Stanford Law School
      Sisule Musungu, South Centre
(Continue reading)

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Seth Johnson | 10 Sep 2004 14:12
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RMS on the Software Patents Fight


> http://kwiki.ffii.org/SwpatcninoEn

How to fight software patents - singly and together

By: Richard M. Stallman 
Thursday September 09, 2004 (04:10 PM GMT)

Software patents are the software project equivalent of land
mines: Each design decision carries a risk of stepping on a
patent, which can destroy your project. 

Developing a large and complex program means combining many
ideas, often hundreds or thousands of them. In a country that
allows software patents, chances are that some substantial
fraction of the ideas in your program will be patented already by
various companies. Perhaps hundreds of patents will cover parts
of your program. A study in 2004 found almost 300 U.S. patents
that covered various parts of a single important program. It is
so much work to do such a study that only one has been done. 

Practically speaking, if you are a software developer, you will
usually be threatened by one patent at a time. When this happens,
you may be able to escape unscathed if you find legal grounds to
overturn the patent. You may as well try it; if you succeed, that
will mean one less mine in the field. If this patent is
particularly threatening to the public, the Public Patent
Foundation may take up the case; that is its specialty. If you
ask for the computer-using community's help in searching for
prior publication of the same idea, to use as evidence to
(Continue reading)

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Seth Johnson | 10 Sep 2004 17:26
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NIH Liberated Scholarship Plan Passes House


-------- Original Message --------
  Subject: Victory for the NIH open access plan in the House
    Date: Fri, 10 Sep 2004 15:45:26 +0100
    From: Peter Suber <peters <at> earlham.edu>
      To:
AMERICAN-SCIENTIST-OPEN-ACCESS-FORUM <at> LISTSERVER.SIGMAXI.ORG

If the Open Access News blog is so full of news these days that
you can't read every item, then let me draw special attention to
this one from yesterday:

Victory for the NIH plan in the House 

By an overwhelming bipartisan vote of 388-13 the House of
Representatives tonight adopted the appropriations  bill for the
Departments of Labor, Health and Human Services, and Education,
and related agencies (H.R. 5006).  The bill includes the
directive to the NIH to develop an open-access plan by December
1, 2004.  On to the  Senate!

H.R. 5006
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.r.05006:
(the final colon is part of the URL)

Section containing the directive to NIH
http://thomas.loc.gov/cgi-bin/cpquery/?&db_id=cp108&r_n=hr636.108&sel=TOC_338641&
(the final ampersand is part of the URL)

Open Access News
(Continue reading)

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Seth Johnson | 10 Sep 2004 21:33
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NY Times Supports Distributed Search Engines


(From Slashdot.  NY Times article text pasted below.  -- Seth)

> http://yro.slashdot.org/article.pl?sid=04/09/10/1626232

NYT Promotes File Sharing

Posted by michael on Friday September 10,  <at> 01:08PM

from the all-i-need-to-know-i-learned-in-kindergarten dept.

aisaac [1] writes "An article in today's NYT comments
intelligently on filesharing [2]. Key points: downloading music
is not illegal, peer-to-peer enables this useful and legal
activity, and a list of good places to find good music online
(including the American Memory Collection [3] at the Library of
Congress [4]. The Induce Act [5] is briefly mentioned without
analysis, but the article does not mention that some of the Act's
sponsors [6] and cosponsors [7] have expressed a willingness to
consider ammendments to restrict the application of the Act.
(This according to a letter I received from Senator Sarbanes
[8].) Let's keep the pressure on!" A Congress call-in day is
being organized [9].

[1] mailto:agisaac0 <at> yahoo.com
[2]
http://www.nytimes.com/2004/09/10/arts/music/10INTE.html?pagewanted=print
[3] http://memory.loc.gov/ammem/audio.html
[4] http://memory.loc.gov/
[5] http://thomas.loc.gov/cgi-bin/query/z?c108:S.2560:
(Continue reading)

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Gmane