Slashdot Mirror

savio13 writes "The EFF has asked the US Supreme Court to overturn a patent law ruling that could pose a serious threat to Free and Open Source Software projects. A recent Federal Circuit Court of Appeals decision required that even the most obvious incremental advances can be patented unless it can be proved that someone else suggested it prior to the patent being filed. As such, many 'bad patents' are being used as roadblocks for legitimate innovators, especially those working for FOSS projects (who have better things to do then search through thousands of technical papers for some mention of the obvious). The full brief is available online in PDF format."

savio13 writes "The EFF has asked the US Supreme Court to overturn a patent law ruling that could pose a serious threat to Free and Open Source Software projects. A recent Federal Circuit Court of Appeals decision required that even the most obvious incremental advances can be patented unless it can be proved that someone else suggested it prior to the patent being filed. As such, many 'bad patents' are being used as roadblocks for legitimate innovators, especially those working for FOSS projects (who have better things to do then search through thousands of technical papers for some mention of the obvious). The full brief is available online in PDF format."

euice writes "The Electronic Frontier Foundation supports KSR International in a fight against obvious patents. They filed an amicus brief (PDF) yesterday, a short summary is on their news page (August, 23). FTA: 'The Electronic Frontier Foundation (EFF) has asked the United States Supreme Court to overturn a dangerous patent law ruling that could pose a serious threat to Free and Open Source Software projects. [...] In a recent decision, the Federal Circuit Court of Appeals affirmed its own 'suggestion test' as the main method for determining when a patent should be found obvious over knowledge in the public domain. Under this test, even the most obvious incremental advances and add-ons can be patented unless the Patent Office or a defendant in court produces a document that shows someone else suggested it prior to the patent being filed. [...] In its amicus brief filed Tuesday, EFF shows how this 'suggestion test' has led to a massive surge in bogus patenting, especially in software. These bad patents then become weapons against legitimate innovators — especially those working on Free and Open Source Software projects.' For me, this sounds like a really good shot in the right direction."

euice writes "The Electronic Frontier Foundation supports KSR International in a fight against obvious patents. They filed an amicus brief (PDF) yesterday, a short summary is on their news page (August, 23). FTA: 'The Electronic Frontier Foundation (EFF) has asked the United States Supreme Court to overturn a dangerous patent law ruling that could pose a serious threat to Free and Open Source Software projects. [...] In a recent decision, the Federal Circuit Court of Appeals affirmed its own 'suggestion test' as the main method for determining when a patent should be found obvious over knowledge in the public domain. Under this test, even the most obvious incremental advances and add-ons can be patented unless the Patent Office or a defendant in court produces a document that shows someone else suggested it prior to the patent being filed. [...] In its amicus brief filed Tuesday, EFF shows how this 'suggestion test' has led to a massive surge in bogus patenting, especially in software. These bad patents then become weapons against legitimate innovators — especially those working on Free and Open Source Software projects.' For me, this sounds like a really good shot in the right direction."

NewYorkCountryLawyer writes "In a landmark legal document, the Electronic Frontier Foundation, the American Civil Liberties Union, Public Citizen, the ACLU of Oklahoma Foundation, and the American Association of Law Libraries have submitted an amicus curiae brief in support of the motion for attorneys fees that has been made by Deborah Foster in Capitol Records v. Debbie Foster, in federal court in Oklahoma. This brief is mandatory reading for every person who is interested in the RIAA litigation campaign against consumers."

Lurker McLurker writes "An animation from the EFF shows DRM technology as a group of supervillans who aim to invade your home, interfere with your devices and stop you from using your digital media the way you want to, even if it is legitimate. Doesn't say anything about the subject most of us wouldn't know, but a great link to send to your friends as an introduction to the issue."

Lewis Clarke wrote to mention a ZDNet story about Monday's final approval of the rootkit settlement in the case brought against Sony BMG Music. From the article: "The agreement covers anyone who bought, received or used CDs containing what was revealed to be flawed digital rights management (DRM) software after Aug. 1, 2003. Those customers can file a claim and receive certain benefits, such as a nonprotected replacement CD, free downloads of music from that CD and additional cash payments ... At least 15 different lawsuits were filed by class action lawyers against the record label, and the New York cases were eventually consolidated into one proceeding. The parties reached a preliminary settlement with Sony BMG in December, leaving it up to a judge in a U.S. District Court in New York to make it official. "

Slashdot tonight brings some corrections, clarifications, and updates to previous Slashdot stories, including a few thoughts on the McKinnon situation, New Zealand revises their views on OSS, Korean cloners facing possible jail time, the fight for .xxx continues, more details on Diebold problems, the Supreme Court sides with eBay, AT&T denied a closed hearing, and Sony's Blu-Ray demo on the level. -- Read on for details.

Mathew Bevan speaks out on McKinnon case. mrkuji writes "Ex military hacker Mathew Bevan AKA Kuji has released his comments and thoughts about the goings on of the McKinnon hacker extradition trial."

New Zealand revises their view of OSS. sam_vilain writes "As previously noted here on Slashdot, the New Zealand State Services Commission has some problems with open source software. The new version of their legal guidelines document for OSS in NZ government, however, is a breath of fresh air."

Korean cloners facing possible jail time. reporter writes "In a stunning conclusion to the saga of the Korean cloning scientist who fabricated his results, the Korean government wants to throw him in prison. The BBC reports, "The South Korean cloning scientist who faked his stem cell research has been charged with fraud and embezzlement. [...] Prosecutors claim he [, using grant funds,] bought a car and paid contributions to politicians and company officials who helped to arrange his grants. [...] The misuse of state funds carries a jail term of up to 10 years, while a violation of bio-ethics laws can mean up to three years in prison.'"

The fight for .xxx to continue? Robert writes "ICANN has played down the role that the conservative US government had in its decision to reject a plan to launch a porn-only internet domain, while the company backing the .xxx proposal said it was considering an appeal. From the article: 'Stuart Lawley, president of ICM, after spending at least two years and over $2m on campaigning for .xxx to be approved, told us he thought the deal was shot down for political reasons, and said he was weighing a response. [...] The reason people suspect that US concerns were key, and the reason that the media keeps harping on about it, is because ICANN's powers are granted under a contract with the US Department of Commerce. That contract ends in four months, and so far nobody seems to know what happens after it expires.'"

More details on the Diebold problem. An anonymous reader writes "SecurityFocus' Rob Lemos has published an article with many more details on the critical Diebold problems, implications for upcoming state elections next week, and quotes from key scientists who have detailed knowledge of how easily the flaws can be exploited." Relatedly eldavojohn writes "USA Today is reporting that Diebold CEO Walden O'Dell has resigned. From the article: "The board of directors and Wally mutually agreed that his decision to resign at this time for personal reasons was in the best interest of all parties," said John Lauer, Diebold's non-executive chairman of the board."

Supreme Court sides with eBay in patent suit. theodp writes "In a unanimous decision, the Supreme Court sided with eBay in a fight over the use of its 'Buy It Now' feature, which will make it easier for companies to avoid court injunctions barring the continued use of technology after a patent infringement finding, such as the one used by Amazon against Barnes & Noble in the midst of the Christmas holiday season over its soon-to-be-reexamined 1-Click patent."

AT&T denied a closed hearing. guygee writes "According to the San Francisco Chronicle, AT&T has lost its '11th hour bid' to force closed hearings on unsealing critical documents in EFF's class-action lawsuit alleging AT&T's illegal transfer of its customer's telephone and Internet records and communications to the National Security Agency. According to the report, 'An AT&T lawyer sent a letter by fax to Chief U.S. District Judge Vaughn Walker on Tuesday asking that the courtroom be closed during any discussion of its trade secrets or confidential information.' EFF is also reporting the breaking news on the case." Relatedly DarkAudit writes "A commissioner for the FCC wants an investigation into whether or not phone companies broke the law by handing over their records to the NSA."

Sony's Blu-Ray demo on the level. eaglebtc writes "Gearlog.com has retracted a previous accusation against Sony regarding their alleged use of a DVD+R instead of a Blu-Ray disc in a demonstration. In the original announcement, Gearlog.com claimed that Sony was using a DVD+R to demonstrate Blu-Ray technology, in an attempt to show that Sony was not ready to market the product."

Magnifico writes "USAToday is reporting on the National Security Agency's goal to create a database of every call ever made inside the USA. Aided by the cooperation of US telecom corporations, AT&T, Verizon and BellSouth, the NSA has been secretly collecting phone call records of tens of millions of Americans; the vast majority of whom aren't suspected of any crime. Only Qwest refused to give the NSA information because they were uneasy about giving information to the government without the proper warrants. The usefulness of the NSA's domestic phone call database as a counterterrorism tool is unclear."

Jamie adds: Traditionally, the devices which record dialed phone numbers are called pen registers, and trap-and-trace devices. The ECPA provided some legal privacy protection. It was controversial when Section 214 of the Patriot Act amended 50 USC 1842 to allow the FBI to record this information with minimal oversight. The Department of Justice has been required for some time to report to Congress the number of pen registers and trap-and-traces, though in recent years [PDF, see question 10] it declared that information classified.

If anyone has information about how the NSA, as opposed to the FBI, has been involved in domestic phone number collection, please post links in the discussion.

In related news, the National Security Agency has closed down an inquiry into the so-called "Terrorist Surveillance Program," a separate program from this one, by refusing to grant security clearance to the lawyers in the Department of Justice. The NSA and the DoJ are both established under the executive.

iny0urbrain writes "The New York Times reports that the US government has asked a federal judge to dismiss the Electronic Frontier Foundation's civil liberties lawsuit against the AT&T Corporation because 'of a possibility that military and state secrets would otherwise be disclosed.' The statement concludes by saying: 'Finally, because the United States intends to assert the state secrets privilege and file a dispositive motion to dismiss this action, the United States requests that discovery proceedings be deferred until the government's submission has been considered and heard.' You can view the full text of the government's statement of interest (PDF) on the EFF's website." Sorry, hadn't had my coffee yet this morning, and double posted this one. Sadly, the first one is a mere two stories down. It's also still pouring into the submissions bin, so I'm not the only one not yet awake.

iny0urbrain writes "The New York Times reports that the US government has asked a federal judge to dismiss the Electronic Frontier Foundation's civil liberties lawsuit against the AT&T Corporation because 'of a possibility that military and state secrets would otherwise be disclosed.' The statement concludes by saying: 'Finally, because the United States intends to assert the state secrets privilege and file a dispositive motion to dismiss this action, the United States requests that discovery proceedings be deferred until the government's submission has been considered and heard.' You can view the full text of the government's statement of interest (PDF) on the EFF's website." Sorry, hadn't had my coffee yet this morning, and double posted this one. Sadly, the first one is a mere two stories down. It's also still pouring into the submissions bin, so I'm not the only one not yet awake.

Silverhammer writes "According to the EFF, a new Senate bill (S. 2644) sponsored by Senators Feinstein (D-CA) and Graham (R-SC) would effectively ban streaming MP3 for licensed music by requireing 'casters to use the most restrictive streaming format available (e.g., Windows Media or Real) rather than simply the most restrictive features of a chosen streaming format (e.g., Shoutcast or streaming MP3)." From the article: "The PERFORM Act would ... requir[e] webcasters to use DRM that restricts the recording of webcasts. That means no more MP3 streams if you rely on the statutory license. Under the bill, the statutory license would only be available to a webcaster if: [114(d)(2)(C)(vi)] the transmitting entity takes no affirmative steps to authorize, enable, cause or induce the making of a copy or phonorecord by or for the transmission recipient and uses technology that is reasonably available, technologically feasible, and economically reasonable to prevent the making of copies or phonorecords embodying the transmission in whole or in part, except for reasonable recording as defined in this subsection."

neelm writes "The EFF is reporting that EMI and Universal Music Group may have been caught lying to the Department of Justice in the 2001 antitrust investigation involving MusicNet, and pressplay. The 2001 investigation found no evidence of illegal efforts to monopolize digital music distribution, but new evidence presented by Hummer Winblad and Bertelsman ("original napster" investors) in their on-going defense from the RIAA suggests otherwise. The judge ruled that the documents to be turned over were not protected by attorney-client privilege because '[the court] finds reasonable cause to believe that the attorney's services were utilized in furtherance of the ongoing unlawful scheme.'"

segphault writes "Ars Technica has an interesting look at a recent intellectual property case where foreign copyright law conflicts with American freedom of speech rights. In this particular case, Sarl Louis Feraud International v. Viewfinder Inc., American enforcement of the French court's judgement on the basis of comity could establish a dangerous legal precedent that could lead to extensive censorship of the Internet. The article includes analysis of a relevant friend of the court brief filed by the EFF."

BrianWCarver writes "In the seven years since Congress enacted the Digital Millennium Copyright Act (DMCA), examples of the law's impact on legitimate consumers, scientists, and competitors continue to mount. A new report released today from the Electronic Frontier Foundation (EFF), 'Unintended Consequences: Seven Years Under the DMCA,' (pdf) collects reports of the misuses of the DMCA -- chilling free expression and scientific research, jeopardizing fair use, impeding competition and innovation, and interfering with other laws on the books. The report updates a previous version issued by EFF in 2003, which Slashdot also covered."

BrianWCarver writes "In the seven years since Congress enacted the Digital Millennium Copyright Act (DMCA), examples of the law's impact on legitimate consumers, scientists, and competitors continue to mount. A new report released today from the Electronic Frontier Foundation (EFF), 'Unintended Consequences: Seven Years Under the DMCA,' (pdf) collects reports of the misuses of the DMCA -- chilling free expression and scientific research, jeopardizing fair use, impeding competition and innovation, and interfering with other laws on the books. The report updates a previous version issued by EFF in 2003, which Slashdot also covered."

BrianWCarver writes "In the seven years since Congress enacted the Digital Millennium Copyright Act (DMCA), examples of the law's impact on legitimate consumers, scientists, and competitors continue to mount. A new report released today from the Electronic Frontier Foundation (EFF), 'Unintended Consequences: Seven Years Under the DMCA,' (pdf) collects reports of the misuses of the DMCA -- chilling free expression and scientific research, jeopardizing fair use, impeding competition and innovation, and interfering with other laws on the books. The report updates a previous version issued by EFF in 2003, which Slashdot also covered."

An anonymous reader writes "'It's time for music fans who bought Sony BMG CDs loaded with harmful XCP or MediaMax copy protection to claim their settlement benefits', says the EFF's Derek Slater in an awareness campaign that is urging those inflicted with one of Sony BMG's rootkit infected CDs to collect what is due to them. The compensation is a DRM-free version of the original CD, $7.50, and album downloads from iTunes, Sony Connect, and others."

Slashback tonight brings some corrections, clarifications, and updates to previous Slashdot stories, including Enigma security concerns, German ISP targets net companies "free lunch", Total Information Awareness program lives on, Higgins takes on Microsoft, Google answers analyst concerns, Patriot Act provision not just for terrorists, and Java 4K game contest submissions available -- Read on for details.

Enigma security concerns. Chris writes "The Enigma cracking client mentioned [this past week] is a huge security risk -- it creates an 'enigma-client' user on Windows systems with the password 'nominal'. I daresay that most /. users who installed the client would want to know about this so they can take corrective action." Thanks to Chris and other who pointed out the security flaw the enigma client has updated their changelog to warn users about this potential flaw and point out a quick work-around. "Users should change 'nominal' to a random password in eclient-XP-Home-install.bat or eclient-XP-Pro-install.bat."

German ISP targets net companies "free lunch". TheAxeMaster writes "Deutsche Telekom AG is the latest ISP to decide to suck money from both customers and content providers according to Computer World. From the article, 'The CEO of Deutsche Telekom AG became the latest head of a major telco to call for Web companies, such as Google Inc. and Yahoo Inc., to help pay for the billions of dollars required to build and maintain high-speed Internet infrastructure.' CEO Kai-Uwe Ricke said 'Web companies that use this infrastructure for their business should also make a contribution.' The article suggests that, if implemented, both you AND web sites would have to pay for the privilege of delivering you content through a tiered, 'quality of service' internet."

Total Information Awareness Program lives on. notmtwain writes "Democracy Now follows up on reports that the NSA has continued the TIA (Total Information Awareness) program, which was building an enormous database merging information on internet usage, phone calls, purchase, banking records and reading material. Democracy Now's Amy Goodman interviews Shane Harris, the National Journal Reporter who broke the story. The Total Information Awareness program was supposedly killed by Congress in 2003."

Higgins takes on Microsoft. An anonymous reader writes "InternetNews reports that IBM, Novell, and Parity Communications announced today increased support for the Higgins project at Eclipse. The project, based on early work done at Harvard's Berkman Institute and by SocialPhysics.org is focused on providing open source 'user-centric' identity management. The initiative has been widely reported as a challenge to Microsoft's new Infocard online identity-management system."

Google answers analyst concerns. imlepid writes "Earlier this week Analysts were asking Google to provide more insight into future earnings reports. Well, it appears that the analysts calls have been answered as the Google CFO has warned that growth has slowed. However, today's decline is still being blamed on the tight lips at Google."

Patriot Act provision not just for terrorists. An anonymous reader writes "Pass a law to go after certain criminals, and it will be used for everything possible. A basic lesson, but one that we learn again from an article in the New York Sun, describing a couple of U.S. District Court decisions unsealed earlier in February. The two judges both agree that Congress intended the 'nationwide search' provision for going after email or other Internet data to apply to the investigation of all federal crimes and not just to cases involving terrorism."

Java 4K game contest submissions available. CuriousKangaroo writes "Java Unlimited, as previously reported on Slashdot, is running a contest to develop a game in Java using only four kilobytes of bytecode and resources. Entries are now closed, and judging is about to begin, but you can check out and play all 55 of this year's entries for yourself!"

dotpavan writes "EFF has this article about RIAA saying that ripping CDs and backing them up does not come under Fair use. Ars Technica also reports on this, by quoting, "The [submitted arguments in favor of granting exemptions to the DMCA] provide no arguments or legal authority that making back up copies of CDs is a noninfringing use. In addition, the submissions provide no evidence that access controls are currently preventing them from making back up copies of CDs or that they are likely to do so in the future. Myriad online downloading services are available and offer varying types of digital rights management alternatives. For example, the Apple FairPlay technology allows users to make a limited number of copies for personal use. Presumably, consumers concerned with the ability to make back up copies would choose to purchase music from a service that allowed such copying. Even if CDs do become damaged, replacements are readily available at affordable prices. Similar to the motion picture industry, the recording industry has faced, in online piracy, a direct attack on its ability to enjoy its copyrights.""

neelm writes "The EFF is asking users not to use the new version of Google Desktop that has a 'search across computers' option. The option will store copies of documents on your hard drive on Google servers, where the government or anyone who wants to may subpoena (i.e. no search warrants) the information. Google says it is not yet scanning the files for advertising, but it hasn't ruled out the possibility."

Slashback tonight brings some corrections, clarifications, and updates to previous Slashdot stories, including Sutor's response to OpenOffice control, Google forgives BMW, SunComm vows to make right their DRM debacle, SuitSat-1 still transmitting, and Defense of Google Book Search -- Read on for details.

Sutor says "no way" to VNUnet OpenOffice story. Andy Updegrove writes "Earlier today a story by Tom Sanders at Vnunet.com covered by Slashdot didn't make sense to me, as it ran counter to the joint determination of Sun and IBM to make ODF succeed. In part, the story relied on an email exchange with Bob Sutor, IBM's Vice President of Standards and Open Source, so I asked Bob whether the story got it wrong. The answer? Sutor said: 'To be more clear, and on the record, IBM and Sun are working together happily and effectively on the OpenDocument Format. I think we've made a terrific amount of progress in the last year and that's because of the broad cooperation by the community. I'm not sure why we were dragged into the referenced story, but it was certainly nothing we initiated.'"

Google forgives BMW after delisting. dbucowboy writes "According to Matt Cutts, Google has re-included BMW.de in the Google index due to their willingness to cease supposed blackhat SEO practices." From the article: "I appreciate BMW's quick response on removing JavaScript-redirecting pages from BMW properties. The webspam team at Google has been in contact with BMW, and Google has reincluded bmw.de in our index. Likewise, ricoh.de has also removed similar doorway pages and has been reincluded in Google's index."

SunComm vows to make right their DRM debacle. Rinisari writes "SunnComm, creators of the highly controversial MediaMax DRM implementation on a number of Sony BMG and indie CDs have issued a statement through the EFF that they are committed to notifying consumers and issuing updates/patches to fix security holes caused by the software. MediaMax is one of the two copy protection schemes about which Sony is being sued class-action style."

SuitSat-1 weak but not dead. zark22 writes "Suitsat, the amateur radio transmitter stuffed inside a surplus Russian spacesuit and chucked out the International Space station is alive and well, if somewhat weak and staticky. Users can still follow its progress at the Suitsat webpage."

UMich President defends Google book search. eaj writes "University of Michigan President Mary Sue Coleman defended the legality and ethics [PDF] of the Google Book Search project to a meeting of the Association of American Publishers on Monday. The AAP is suing Google over the book scanning involved in the project. From the article: '[We] believe this is a legal, ethical, and noble endeavor that will transform our society. Legal because we believe copyright law allows us the fair use of millions of books that are being digitized. Ethical because the preservation and protection of knowledge is critically important to the betterment of humankind. And noble because this enterprise is right for the time, right for the future, right for the world of publishing, right for all of us.' CNet news also has a video."

jbarr writes "An EFF Article states that: 'A district court in Nevada has ruled that the Google Cache is a fair use ... the Google Cache feature does not violate copyright law.' Notable is the basis that 'The Google Cache qualifies for the DMCA's 512(b) caching 'safe harbor' for online service providers.'" From the article: "The district court found that Mr. Field 'attempted to manufacture a claim for copyright infringement against Google in hopes of making money from Google's standard [caching] practice.' Google responded that its Google Cache feature, which allows Google users to link to an archival copy of websites indexed by Google, does not violate copyright law."

An anonymous reader writes "The Great Internet Mersenne Prime Search (GIMPS), a distributed computing project, has probably found a new record prime number. Two verification runs have started; no errors were found in the initial calculation. The number of primes found lately, four in just over two years, is higher than previously expected. This prime is just under 10 million digits, which means that one of the participants in the project makes a good chance to obtain his or her part of the EFF prize of $100,000 for the first prime of over 10 million digits in the coming months. In 2000, one of the Gimps participants collected the $50,000 reward offered."

Dotnaught writes "The Electronic Frontier Foundation (EFF) and SONY BMG Music Entertainment said on Tuesday that SunnComm is offering a patch to fix a security vulnerability with its MediaMax Version 5 content protection software on 27 SONY BMG CDs. Security firm iSEC Partners discovered the hole following a request by the EFF to examine the SunnComm software. The vulnerability involves a directory installed on users' computers by the MediaMax software that could allow a third party to gain control over the affected Windows PC. The EFF and iSEC delayed disclosing the problem until SunnComm could develop a fix."

whiteSanjuro writes "Reported first by the bloggers, and now the mainstream press, is a story of a student being suspended by his university for the rest of the academic year because of entries in the student's blog which the university did not view favorably. It has already had some chilling effects and looks like it will be setting a standard that students at private universities aren't guaranteed free speech online. The student (who wishes to remain anonymous) is appealing the university's decision in an effort to remain in classes and finish out the current semester, but even the terms of re-admittance (pdf) leave the blogger subject to probation, minus a scholarship, and prohibit future free blogging. Perhaps now is the time to consider joining the EFF if you attend a private university and have a blog."

Dotnaught writes "Computer security researchers Professor Edward Felten and Alex Halderman have asked the U.S. Copyright Office for an exemption (pdf) to the Digital Millennium Copyright Act (DMCA) so that they can circumvent copy protection technology used to protect spyware. The DMCA currently makes it illegal to bypass digital locks almost regardless of what they protect or the user's intent. As noted by the Electronic Frontier Foundation, the Copyright Office theoretically grants exemptions, but in reality discourages anyone from asking. What's significant about the application submitted by Felten and Halderman is that they knew about the dangers posed by Sony's XCP DRM software a month before the news became public. But they delayed publication for fear of prosecution. During that time, many more consumers fell victim to the spyware propagated by Sony."

jaaron writes "If you think the Sony rootkit is bad, check out the accompanying EULA! From the EFF's summary: 'If your house gets burgled, you have to delete all your music from your laptop when you get home. ... Sony-BMG can install and use backdoors in the copy protection software or media player to "enforce their rights" against you, at any time, without notice. ... Forget about using the music as a soundtrack for your latest family photo slideshow, or mash-ups, or sampling.'"

carre4 writes "Lawyers in California have filed a class-action lawsuit against Sony and a second one may be filed today in New York. The lawsuit was filed Nov. 1 in Superior Court for the County of Los Angeles by Vernon, CA attorney Alan Himmelfarb. It asks the court to prevent Sony from selling additional CDs protected by the anti-piracy software, and seeks monetary damages for California consumers who purchased them. The suit alleges that Sony's software violates at least three California statutes, including the "Consumer Legal Remedies Act," which governs unfair and/or deceptive trade acts; and the "Consumer Protection against Computer Spyware Act," which prohibits -- among other things -- software that takes control over the user's computer or misrepresents the user's ability or right to uninstall the program. The suit also alleges that Sony's actions violate the California Unfair Competition law, which allows public prosecutors and private citizens to file lawsuits to protect businesses and consumers from unfair business practices. EFF has released a list of rootkit affected CD's and Slashdot user xtracto also has a list."

r84x writes "A research team led by the Electronic Frontier Foundation (EFF) recently broke the code behind tiny tracking dots that some color laser printers secretly hide in every document. The U.S. Secret Service admitted that the tracking information is part of a deal struck with selected color laser printer manufacturers, ostensibly to identify counterfeiters. However, the nature of the private information encoded in each document was not previously known. "We've found that the dots from at least one line of printers encode the date and time your document was printed, as well as the serial number of the printer," said EFF Staff Technologist Seth David Schoen."

r84x writes "A research team led by the Electronic Frontier Foundation (EFF) recently broke the code behind tiny tracking dots that some color laser printers secretly hide in every document. The U.S. Secret Service admitted that the tracking information is part of a deal struck with selected color laser printer manufacturers, ostensibly to identify counterfeiters. However, the nature of the private information encoded in each document was not previously known. "We've found that the dots from at least one line of printers encode the date and time your document was printed, as well as the serial number of the printer," said EFF Staff Technologist Seth David Schoen."

Macki writes "As previously mentioned, the Broadcast Flag is back before congress. There are 20 law makers currently supporting the bill. The insane thing about it is the fact that no one supports the bill except a handful of entertainment companies. Probably not even the employees of the entertainment companies. It's bad enough they want to break our televisions, but the way that they are subverting democracy is just astounding. Danny O'Brien at the EFF has done a spectacular job deconstructingthe MPAA/RIAA's efforts to ramrod this through, and more importantly, the motivations of the members of congress who are helping them."

Buccaneer-American writes "Over here on Groklaw, PJ is reporting that PS2 mod chips are now legal in Australia. The highest Australian court decided in Stevens v. Sony to overturn a lower court ruling that PS2 mod chips were 'technological protection measures' which would run afoul of the Australian DMCA-equivalent. Because they do not protect copyrights per se, but are rather region coding devices, they were ruled to be regional coding devices. In short, we have Sony to thank for being a loser yet again and establishing some of our rights in case law, albeit sometimes inadvertantly." The High Court's decision is online, with some legal commentary from the Australian court. More coverage of this story available at The Age and SMH.

theodp writes "As predicted earlier on Slashdot, looks like the W3C goofed by shutting out the public and asking the Patent Office to base its reexamination of the Eolas Web Plug-In Patent solely on prior art promoted by Microsoft. The USPTO has reaffirmed the validity of the $521M patent, rejecting the W3C's prior art as deficient for not demonstrating the capability of ongoing real-time manipulation and control by the user. The USPTO also considered but rejected the prior art of the Viola Browser, which formed the basis for Microsoft's appellate argument. Ironically, Eolas' defense was bolstered by the arguments of its expert witness, 2005 EFF Pioneer Award Winner Ed Felten."

Tyler Too writes "When the broadcast flag was smacked down in court, it was only a matter of time before the MPAA tried to ram it through Congress. The first attempt in June failed, but the EFF reports that they are gearing up for another try. From Ars Technica's write-up: 'This latest attempt involves tacking on an amendment to a budget reconciliation bill. Since reconciliation is about cutting spending--something that always sounds good--such legislation cannot be substantially changed by the Budget Committee once it is presented, nor can it be filibustered.' Looks like it's a good time to call your congressman."

doctorfaustus writes "The EFF is reporting that "the RIAA has been pushing the FCC to impose a copy-protection mandate on the makers of next-generation digital radio receiver/recorders (think TiVo-for-radio)." According to Mike Godwin, "Never mind that digital audio broadcasting is not significantly greater in quality than regular, analog radio. Never mind that its music quality is vastly less than than that of audio CDs. In spite of these inconvenient facts, the RIAA is hoping that the transition to "digital audio broadcasting" will provide enough confusion and panic that they can persuade Congress or the FCC to impose some kind of copy-protection scheme or regulation on digital radio broadcast." "

Chris Chiasson writes "The Electronic Frontier Foundation (EFF) recently created a plain English guide to several fair use restrictions that major online music services, such as Apple's iTunes, force on their customers via Digital Rights Management (DRM) laden music files and End User License Agreements (EULAs). An excerpt from the guide follows: 'Forget about breaking the DRM to make traditional uses like CD burning and so forth. Breaking the DRM or distributing the tools to break DRM may expose you to liability under the Digital Millennium Copyright Act (DMCA) even if you're not making any illegal uses.' The EFF also lists four alternative music services which sell unrestricted files."

wiggles writes "It appears that the 8th Circuit Court of Appeals has sided with Blizzard/Vivendi (pdf link) in the ongoing bnetd case. According to the PDF of the opinion posted today, 'Appellants failed to establish a genuine issue of material fact as to the applicability of the interoperability exception [of the DMCA]. The district court properly granted summary judgement in favor of Blizzard and Vivendi on the operability exception. Summary judgement in favor of Blizzard and Vivendi is affirmed.' No word yet on the EFF's website as to what their next move will be."

An anonymous reader writes "A case on appeal to the Washington State Court of Appeals, State v. Westbrook, recently drew the attention of the EFF. They argue that: "citizens have a reasonable expectation of privacy in the contents of their computers, and that their Fourth Amendment rights don't disappear when a computer is delivered to a technician for servicing." This ruling could threaten to 'turn your friendly neighborhood computer repair technician into a government informer' "

humankind writes "The EFF is reporting that the Federal Communications Commission issued a release [pdf] announcing its new rule expanding the reach of the Communications Assistance to Law Enforcement Act (CALEA)." From the article: "Practically, what this means is that the government will be asking broadband providers - as well as companies that manufacture devices used for broadband communications - to build insecure backdoors into their networks, imperiling the privacy and security of citizens on the Internet. It also hobbles technical innovation by forcing companies involved in broadband to redesign their products to meet government requirements."

humankind writes "The EFF is reporting that the Federal Communications Commission issued a release [pdf] announcing its new rule expanding the reach of the Communications Assistance to Law Enforcement Act (CALEA)." From the article: "Practically, what this means is that the government will be asking broadband providers - as well as companies that manufacture devices used for broadband communications - to build insecure backdoors into their networks, imperiling the privacy and security of citizens on the Internet. It also hobbles technical innovation by forcing companies involved in broadband to redesign their products to meet government requirements."

brajesh writes "The European Commission is pushing for a proposal (.pdf) to crack down on organized piracy, which could also make indirect copyright infringement a crime across Europe, with implications similar to the recent MGM v. Grokster U.S. Supreme Court ruling. If the directive is adopted, developers who create software for file sharing that is then used for illegal ends could potentially be criminally liable in EU member countries." From the article: "The problem here is some activities, such as the creation of software, can be used for legal and illegal purposes, as is the case with Grokster...It gets really messy, because it is unclear what is legal or not legal, and it is problematic to operate with such abstract terms."

jason writes "In preparation for a possible legal challenge, The Electronic Frontiers Foundation is requesting your help in identifying which printers are embedding traceable information in the documents they produce. Printer manufactures added this technology under persuasion from the government inorder to help combat counterfeiting operations, however this technology defeats the presumed anonymity most people expect from the documents they print."

jason writes "In preparation for a possible legal challenge, The Electronic Frontiers Foundation is requesting your help in identifying which printers are embedding traceable information in the documents they produce. Printer manufactures added this technology under persuasion from the government inorder to help combat counterfeiting operations, however this technology defeats the presumed anonymity most people expect from the documents they print."

Drachan writes "A seminar at the UK's (BBC sponsored) technology conference 'Open Tech 2005' (organised by the fantastic 'Need To Know' (NTK) team as a follow on to last year's "Notcon 2004"event) posed the question 'Where is the British EFF?' The answer, as prompted by those attending the seminar was, of course 'Nowhere! so... uhh.. well... why don't We create it?' A PledgeBank page was set up within a few hours (available here) which states that the pledging person will donate £5 (GBP) per month to the support of a British EFF-style organisation provided that 1000 others also agree to do so. There is considerably more information at Danny O'Brien's Oblomovoka. Maybe this is a step in the right direction, after all the controversy over ID cards, the Anti-Terrorism Bill and general UK political disaster?"

An anonymous reader writes "Whitedust is running a interesting article on Tor, The Onion Router project sponsored by the EFF. Tor aims to offer anonymous internet use. Once sponsored by the Naval Research Lab with support from DARPA, it is now managed by The Free Haven Project. Although Tor claims to improve safety and security, the article goes into detail on how Tor can be used as a anonymous attack platform."

Saint Aardvark writes "The Globe and Mail reports that Internet marketers are worried about the decreasing persistence of cookies. Almost 40% of surfers delete them on a monthly basis, says Jupiter Research -- a fact one marketers attributes to incorrect associations with spyware and privacy invasion. United Virtualities' Flash-based tracking system is mentioned as a possible substitute...though they don't mention the Firefox plugin that removes them, or talk in any meaningful way about why people might want cookies gone. Still, the article is a good overview of life from the marketer's perspective."

Alsee writes "A year and a day after arguing DRM was good for business, acceptable to consumers, and necessary in today's world, JupiterMedia VP and Research Director Michael Gartenberg comes face to face with DRM reality, downloads a circumvention tool, violates DRM, and blogs about his MS Reader DRM issues being solved ... permanently. Perhaps now he would be interested in the EFF Action Center where Americans can quickly and easily ask your Representative to co-sponsor the Digital Media Consumers' Rights Act."

Alsee writes "A year and a day after arguing DRM was good for business, acceptable to consumers, and necessary in today's world, JupiterMedia VP and Research Director Michael Gartenberg comes face to face with DRM reality, downloads a circumvention tool, violates DRM, and blogs about his MS Reader DRM issues being solved ... permanently. Perhaps now he would be interested in the EFF Action Center where Americans can quickly and easily ask your Representative to co-sponsor the Digital Media Consumers' Rights Act."

Tractorjector writes "Mad Penguin has published part two of their MGM vs Grokster interview series (the first part was featured on Slashdot on 2005-06-27). This time the focus is on EFF Director Shari Steele. A very compelling (and somewhat concerning) interview."