EFFector org Publication of the Ele

 EFFector       Vol. 15, No. 4       Feb. 3, 2002       editors@eff.org  

 A Publication of the Electronic Frontier Foundation     ISSN 1062-9424  

  * 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"

    Meeting

  * 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: http://www.eff.org/

To join EFF or make an additional donation:

  http://www.eff.org/support/

EFF is a member-supported nonprofit. Please sign up as a member today!

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EFF ALERT: YOU BUY IT, YOU OWN IT!

SUPPORT PHILIPS IN DEFENDING YOUR RIGHT TO UNTAINTED CDS

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

nto purchasing inferior products.

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.

cumbersome" nature of these disks, noting that dysfunctional disks should

not rightfully be called "CDs," and indicated the disks might not wear as

likely face strong opposition from the powerful companies who are

marketing these disks. The entertainment industry has already shown its

Act (SSSCA), which would make it "unlawful to manufacture, import, offer

to the public, provide or otherwise traffic in any interactive digital

technologies...."

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

        CDs.

    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:

      http://www.eff.org/support/

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.

	Sincerely,

	[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

    Email: ce.communication@philips.com

 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

Tips:

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,

Activists Around the World

The alert is for activists in any country.

Links:

  http://news.com.com/2100-1023-817937.html

  http://www.theregister.co.uk/content/4/23736.html

  http://www.wired.com/news/politics/0,1283,50101,00.html

HTML version of this alert:

  http://www.eff.org/alerts/20020206_eff_philips_alert.html

CAFE Campaign:

This drive to contact Philips about their position on copy-protected

you can do about it.

Check the EFF Campaign for Audivisual Free Expression (CAFE) website

  http://www.eff.org/cafe/

About EFF:

The Electronic Frontier Foundation is the leading civil liberties

organization working to protect rights in the digital world. Founded in

most linked-to Web sites in the world:

  http://www.eff.org

Contacts:

Will Doherty, EFF Online Activist / Media Relations

  wild@eff.org

  +1 415 436 9333 x111

Fred von Lohmann, EFF Senior Intellectual Property Attorney

  fred@eff.org

  +1 415-436-9333 x123

Robin Gross, EFF Intellectual Property Attorney

  robin@eff.org

  +1 415-436-9333 x112

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SECURITY RESEARCHERS DROP SCIENTIFIC CENSORSHIP CASE

GOVERNMENT, INDUSTRY CLAIM DMCA NOT A THREAT TO SCIENCE

For Immediate Release: Wednesday, February 6, 2002

San Francisco - Citing assurances from the government, the recording

ndustry, and a federal court that the threats against his research team

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

the vulnerabilities of security mechanisms."

"Based on these and other statements from the government and the

court ruling, our research team decided to take the government and

ndustry at their word that they will never again threaten publishers of

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

Amendment right to discuss and publish their work, even if it may discuss

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

audio CDs. The original threats led the researchers to withdraw the paper

from a planned conference. In response to the lawsuit, the recording

ndustry 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,

Links:

Documents related to the case:   http://www.eff.org/IP/DMCA/

Felten_v_RIAA/

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EFF FILES AMICUS BRIEF IN ELCOMSOFT CASE

DEFENDS PUBLIC'S RIGHTS IN RUSSIAN EBOOK FORMAT CASE

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

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

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

and the Music Library Association signed on to the EFF brief that, along

"The Adobe eBook technology hands complete control of the user's

experience to publishers," noted EFF Legal Director Cindy Cohn. "They can

machine to another for more convenient reading, printing segments of an

eBook for use in criticism or commentary, or enabling text-to-speech

"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

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

n San Jose, California. An earlier set of motions filed by Elcomsoft to

"conspiracy" are set for hearing on March 4, 2002.

Links:

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

  http://www.eff.org/Cases/US_v_Elcom/

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DONATE TO JON JOHANSEN LEGAL DEFENSE FUND

The Electronic Frontier Foundation is collecting donations to assist Jon

Johansen in his legal defense costs. Contribute here:

  http://www.eff.org/support/jonfund.html

Jon Johansen's defense. If you want to make a donation to the EFF's

activities, go instead to:

  http://www.eff.org/support/

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

¯KOKRIM indicted Johansen for violating Norwegian Criminal Code section

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.

(DMCA), which outlaws circumventing access controls on media - even when

a DVD or CD is lawfully owned, without asking the Norwegian people or its

Jon needs our help to fight this legal battle and establish a clear

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

action.

More info on Johansen case:

  http://www.eff.org/IP/DeCSS_prosecutions/Johansen_DeCSS_case/

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EXCHANGE IDEAS WITH LARRY LESSIG AT EFF BENEFIT DINNER

As the first benefit dinner was a great success, we have decided to

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 

age.

corporate power strangling public interest online. He argues that these

Larry will engage a dozen interested people at the upscale new Japanese

Seated on cushions around a low wooden table, you will have the chance to

mportant 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.

RSVP at +1 415-436-9333 x101.

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JOIN EFF STAFF ATTORNEYS AN INTERACTIVE DISCUSSION AT FEB. "BAYFF" MEETING

"WILL FREE EXPRESSION SURVIVE THE DIGITAL MEDIA REVOLUTION?"

WHAT:

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

WHO:

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.

WHEN: 

Tuesday, February 12th, 2002

WHERE:

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:

  http://www.law.berkeley.edu/institutes/bclt/events/bayff.html

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

most linked-to Web sites in the world:

  http://www.eff.org

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

as a resource for academia, the judiciary, law students, practitioners,

technological development and the public interest.

                                 - end -                                 

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WORLD WIDE WEB CONSORTIUM SKEPTICAL OF WEB PATENT ROYALTIES

The World Wide Web Consortium (W3C), which sets technical standards for

the World Wide Web, has recently published a new document titled "Current

  http://www.w3.org/TR/2002/NOTE-patent-practice-20020124

This draft reflects the W3C's current view on the controversial subject

of patented technologies in the Web standards process. The Current

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

s that such fees are never truly "non-discriminatory" and always deter

Last October, EFF encouraged the public to submit comments to the Patent

overwhelmingly opposing RAND licensing. Before the public comment period

began, W3C's draft patent policy supported RAND licensing for certain

Working Groups will be created"; it does not provide for any RAND

licensing at all in W3C's routine standards work. Although the proposed

use of RAND would require "Advisory Committee review and Director's

The policy also admonishes RAND proponents that "there is neither clear

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

below for background information.

Links

New policy draft (Jan. 24, 2002):

  http://www.w3.org/TR/2002/NOTE-patent-practice-20020124

Original policy draft (Aug. 16, 2001):

  http://www.w3.org/TR/2001/WD-patent-policy-20010816/

W3C's Daniel Weitzner: comments on new draft still welcome!

  http://lists.w3.org/Archives/Public/www-patentpolicy-comment/2002Jan/0151.html

[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):

  http://www.w3.org/2001/ppwg/

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

  http://www.eff.org/effector/HTML/effect14.29.html#I

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

  http://www.eff.org/effector/HTML/effect14.31.html#III

Contacts:

Seth Schoen, EFF Staff Technologist

  seth@eff.org

  +1 415-436-9333 x107

Fred von Lohmann, EFF Senior Intellectual Property Attorney

  fred@eff.org

  +1 415-436-9333 x123

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DONATE TO EFF BY STARTING YOUR B&N OR AMAZON SHOPPING VIA OUR AFFILIATE LINKS

Did you know that if you shop online at Amazon or Barnes & Noble, you can

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

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!

to get to B&N or Amazon and start your shopping:

  * Amazon: 

    http://www.amazon.com/exec/obidos/redirect-home/002-9435211-5214462

  * B&N:  http://www.bn.com/index.asp?sourceid=00390237085608921659

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:

  http://www.eff.org/support/

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ADMINISTRIVIA

EFFector is published by:

The Electronic Frontier Foundation

San Francisco CA 94110-1914 USA

+1 415 436 9333 (voice)

+1 415 436 9993 (fax)

  http://www.eff.org/

Editors:

Katina Bishop, EFF Education & Offline Activism Director

Stanton McCandlish, EFF Technical Director/Webmaster

  editors@eff.org

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

  http://www.eff.org/support/

Membership & donation queries: membership@eff.org

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

Reproduction of this publication in electronic media is encouraged.

Signed articles do not necessarily represent the views of EFF. To

their express permission. Press releases and EFF announcements &

articles may be reproduced individually at will.

To subscribe to or unsubscribe from EFFector via the Web, go to:

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