Seth Johnson | 2 Dec 14:50 2004

FTC P2P Workshop Source Document

Below is an entry at which announces a paper from
CapAnalysis that evidently is the inspiration for the FTC's
Workshop on "P2P Filesharing" Applications this December 15 and

The paper calls the FTC to investigate whether KaZaA, Morpheus,
iMesh, Audiogalaxy, LimeWire, BearShare, Grokster, Blubster, Ares
Galaxy, and XoloX Ultra violate Section 5 of the FTC Act, which
prohibits unfair or deceptive acts or practices, acts misleading
consumers to their detriment.




P2P and the FTC 


CapAnalysis, which is the economic analysis wing of the law firm
Howery Simon et. al., is submitting a paper to the FTC entitled
Peer-to-Peer Software Providers' Liability Under Section 5 of the
FTC Act (April 27, 2004). Prepared for the RIAA in connection
with the FTC's April 19 workshop on spyware
(, the paper
focuses on P2P providers' failure to disclose risks of spyware,
(Continue reading)

Seth Johnson | 3 Dec 06:28 2004

The Anti-Commons in Filmmaking


-------- Original Message --------
Subject: [Broadcast-discuss] The Problem of the Anti-Commons in
Date: Thu, 02 Dec 2004 23:14:42 -0500
From: David Tannenbaum <davidt <at>>
To: broadcast-discuss <at>

== The Problem of the Anti-Commons in Filmmaking ==
   (from On The Commons -)

Economists like to say that property rights are needed to foster
innovation.  But the evidence is piling up in one field after
another that property rights have gotten so extensive that they
are choking new creativity.  The latest example comes from the
world of filmmaking. A new report by Patricia Aufderheide and
Peter Jaszi of American University documents how the rights
clearance process is crippling the creativity of documentary
filmmakers.  The report – "Untold Stories:  Creative Consequences
of Rights Clearance Culture for Documentary Filmmakers" – draws
upon interviews with 45 directors, editors and producers.  The
report finds that filmmakers must often make significant changes
in their work because of the costs or complications of rights
clearances. (A short film, available online, also explains the
problems described in the report.)
(Continue reading)

Seth Johnson | 6 Dec 12:43 2004

FTC Patent Reform Workshops in Feb/Mar 2005



1. Patent Reform Workshops 

Along with the National Academy of Sciences  (“NAS”) and the
American Intellectual Property Law  Association (“AIPLA”), the
FTC will co-sponsor four  town meetings on patent reform in 2005.
Since the  FTC issued its report on competition and patent law 
in October 2003, there have been three noteworthy  developments
relating to it. 14 

First, the NAS issued a report advocating several  patent reforms
similar to those recommended by  the FTC, as well as additional
patent reforms. 15 

Second, patent law organizations such as the  AIPLA have issued
reports reacting favorably to  several of the FTC’s proposed
reforms. 16 

And finally, Congressmen Boucher and Berman  introduced a bill,
H.R. 5299, that would implement  versions of two of the proposed
reforms – a new  post-grant opposition system and certain
limitations  on liability for willful infringement – recommended 
by the FTC, NAS, and AIPLA. 

We believe it likely that Congress will discuss patent  reform in
the next session. To help lay the  groundwork for this
(Continue reading)

Seth Johnson | 9 Dec 19:54 2004

Don't Let the RIAA Put the Net at Risk!


Don't Let the RIAA Put the Net at Risk!

Tell the FTC that the Internet is Peer to Peer, It is Ours, and
We Intend to Keep It!

Please forward this notice to any other concerned parties you may

Please tell the FTC not to allow a few rich cartels and
monopolies such as the RIAA, MPAA and Microsoft to put the
Internet at risk:

What's Going On:

The FTC has issued a call for participation announcing a workshop
on "P2P Filesharing" technology to take place in Washington, DC
this December 15th and 16th.

An RIAA-sponsored CapAnalysis paper submitted to the FTC, calls
for an investigation of "P2P Filesharing" applications for
deceptive practices that affect the privacy and security of
users, subjecting them to such risks as adware, viruses, exposure
to undesirable material, impairments of computer function, and
last but not least, liability to charges of copyright
infringement. Congress is also calling the FTC to investigate
these products.
(Continue reading)

Seth Johnson | 9 Dec 20:10 2004

NY Arena: NYFU Volunteers Meeting for P2P Action, Saturday 11 December 2004

For those in the New York area.


  what="official New Yorkers for Fair Use announcement">

    New Yorkers for Fair Use will meet at 6:30 pm Saturday 11
December 2004.

    NYFU and many organizations, tribes, and free lances will
    attend the FTC P2P Workshop on 15 and 16 December 2004:

    At this NYFU meeting we will make arrangements to get down
    to the FTC P2P Workshop and present our case.

 We will meet at the the Gyro Pizza and Bagel Place on the
 corner of Third Avenue and Eighth Street on the Island of the
 Manahattoes, likely in the back.  The Gyro Place has several
 names.  The location is also called Astor Place and also St.
 Marks and Third Avenue.  There are two subway stops nearby:
 Eighth Street NRW, Astor Place Lexington Avenue Line.

 NYFU will be in Washington on 15 December 2004 to present to the 
 FTC facts and principles not yet well understood among 
 legislators, judges, and regulators.  One of the things NYFU
 will argue for is that there are two distinct usages of the
(Continue reading)

Seth Johnson | 10 Dec 22:27 2004

Supreme Court Accepts MGM vs. Grokster

-------- Original Message --------
Subject: pho: Supreme Court to hear MGM v. Grokster
Date: Fri, 10 Dec 2004 10:50:43 -0800
From: "James S. Tyre" <jstyre <at>>
To: pho <at>

December 10, 2004
High Court to Hear File - Sharing Dispute

Filed at 1:20 p.m. ET

WASHINGTON (AP) -- The Supreme Court agreed Friday to consider
whether two  Internet file-sharing services may be held
responsible for their customers'  online swapping of copyrighted
songs and movies.

Justices will review a lower ruling in favor of Grokster Ltd.
and  StreamCast Networks Inc., which came as a blow to recording
companies and  movie studios seeking to stop the illegal
distribution of their works.

The file-sharing is ``inflicting catastrophic, multibillion
dollar harm on  petitioners that cannot be redressed through
lawsuits against the millions  of direct infringers using those
services,'' the appeal by  Metro-Goldwyn-Mayer Studios and other
entertainment companies says.
(Continue reading)

Seth Johnson | 12 Dec 08:15 2004

Student Failed for Distinguishing Piracy and Stealing

-------- Original Message --------
Subject: pho: Piracy v. Stealing : Teacher fails student
Date: Sat, 11 Dec 2004 20:48:57 -0500
From: "Guillaume Champeau - Ratiatum" <kadredal <at>>
To: "Pho List" <pho <at>>

Piracy vs. Stealing: Teacher Fails "A" Student for Topic Choice 

posted by Mark Frauenfelder  Saturday, December 11, 2004

Sixteen year-old Steve Geluso was failed by his English teacher
for choosing to distinguish piracy from stealing in an essay. 

"Geluso, an 'A' student, recently completed an in-class exit exam
for his Language Arts class. The goal of the exit exam was to
write a comparative essay on a topic of the student's choice.
Being a student who enjoys a challenge, he wrote an essay
contrasting piracy with stealing. 

"His teacher failed him, saying there was no difference between
the two and that he was "splitting hairs". Other teachers who
read his essay said that he did well from an organizational and
technical standpoint, but because his teacher felt that there was
no difference between piracy and stealing, she gave him an 'F'
because she disapproved of the content of his essay. 

"Check out his several comments regarding this event on his
low-fi weblog at Steve's scanned-in
(Continue reading)

Seth Johnson | 15 Dec 01:38 2004

R. H. Phillips Confronts BMI and the Election

Below is Mr. Phillips' account of his victorious fight with BMI. 
See also:


How to Remain Independent in the Music Business, and Why You

Indications are that this guy's analysis of the 2004 election in
Ohio will be a significant part of a major lawsuit being brought
there.  See below for his affidavit on Ohio and his table of
contents page with links to his analyses, including a private
investigation he conducted in his areas of expertise,
geomorphology.  Here are the links to his affidavit and his table
of contents:





(Continue reading)

Seth Johnson | 22 Dec 00:36 2004

Originality, Imitation, and Plagiarism

-------- Original Message --------
Subject: Originality, Imitation, and Plagiarism
Date: Tue, 21 Dec 2004 12:42:22 -0500
From: "David T. Z. Mindich" <dmindich <at> SMCVT.EDU>

From: Eisner, Caroline [mailto:cleisner <at>]

Call for Papers

Originality, Imitation, and Plagiarism:
A Cross-Disciplinary Conference on Writing
September 23-25, 2005

The Gayle Morris Sweetland Writing Center invites proposals for
papers or panels exploring the inter-related issues of
originality, imitation, and plagiarism for students, scholars,
professional writers, and readers. Papers may address such issues
as theories of invention; intellectual property; plagiarism and
professional ethics; imitation and replication in science
writing; the history of patents, trademarks and copyright;
originality/imitation and authorship; cultural differences in
regard to authority and invention; the ownership of texts and
free textual use; academic plagiarism policies and student honor
codes; peer tutoring and writing; cultural norms and differences;
internet usage and publication; and other relevant issues. 
Speakers will include Anis Bawarshi, Charles Bazerman, Mario
Biagioli, Nicholas Delbanco, Michael Grossberg, N. Katherine
Hayles, Lawrence Lessig, Daniel Okrent, Jacqueline Jones Royster,
(Continue reading)