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DMCA exemptions desired to hack iPhones, DVDs

For copyright activists, Christmas comes but once every three years: a chance to ask Santa for a new exemption to the much-hated Digital Millennium Copyright Act's prohibitions against hacking, reverse engineering, and evasion of digital rights management (DRM) schemes protecting all kinds of digital works and electronic items.

Judging from the list of 19 exemptions requested this year, some in the cyberlaw community are thinking big. (Disclosure: One of the DMCA exemption requests was submitted on behalf of this blogger by Harvard University's Cyberlaw Clinic.)The requests include the right to legally jailbreak iPhones to use third-party software, … Read more

Buzz Out Loud 835: EFF the DMCA

Several organizations, including the Electronic Frontier Foundation (aka EFF), sent public letters asking the broadcast networks and YouTube to ease up on the copyright takedown notices. Maybe this campaign season will help shed some light on the issues with the way the Digital Millennium Copyright Act is implemented... as long as it's fixed for all of us and not just politicians. We also get into Sony's new, harsh terms of service, as well as LaLa's move to put your music in the clouds. Listen now: Download today's podcast

EPISODE 835

Groups asks YouTube, networks to cool … Read more

EFF sues U.S. over NSA surveillance program

The Electronic Frontier Foundation filed a lawsuit Thursday against the Bush administration on behalf of AT&T customers to halt what it called the "massively illegal" warrantless surveillance of Americans' Internet and telephone communications.

In addition to suing the National Security Agency, the nonprofit Internet advocacy group also names President George Bush, Vice President Dick Cheney, Cheney's chief of staff David Addington, and former Attorney General Alberto Gonzales, as well as others.

"For years, the NSA has been engaged in a massive and massively illegal fishing expedition through AT&T's domestic networks and … Read more

Veoh decision setback for Viacom, but Google not off hook

The unprecedented decision by a U.S. district court judge to dismiss a copyright infringement case against video-sharing site Veoh is definitely favorable to Google, YouTube, and all user-generated sites, copyright attorneys say.

But the ruling doesn't mean that Google will necessarily prevail in the $1 billion copyright suit filed against it by Viacom, parent company of MTV and Paramount Pictures.

There are significant differences between Veoh and YouTube, according to Mark Litvack, a well-known copyright attorney who once worked for the Motion Picture Association of America (MPAA) and is now with the firm Reed Smith.

Veoh was sued … Read more

Judge: Copyright owners must consider 'fair use'

A federal judge on Wednesday gave more weight to the concept of "fair use" when he threw a lifeline to a Pennsylvania mother's lawsuit against Universal Music.

The judge refused to dismiss Stephanie Lenz's suit claiming that Universal abused the Digital Millennium Copyright Act when it issued a takedown notice to YouTube over a 30-second video of Lenz's baby dancing to a Prince song.

In the first ruling (PDF) of its kind, Judge Jeremy Fogel held that copyright owners must consider fair use before sending DMCA takedown notices.

"Fair use is a lawful use … Read more

EFF introduces Switzerland...the program

The Electronic Frontier Foundation has released an open-source, cross-platform program designed to track your packets and determine if your ISP is throttling your connection to torrents, VoIP, and other legal, high-bandwidth consuming communications. Called "Switzerland" and licensed under the GPL, it's very much in an alpha state and is only a command-line tool at the moment. Also, you're going to have to compile it yourself--that's not the most challenging task, but this isn't a simple self-extracting app.

According to the EFF, Switzerland works by spotting IP packets that have been forged or modified between … Read more

EFF urges judge to dismiss MySpace case

The Electronic Frontier Foundation is opposing the prosecution of a Missouri mom who allegedly created a fake MySpace account to harass a teenage neighbor, saying the prosecutors' misuse of a federal law that targets computer fraud could turn millions of Americans into criminals.

The civil liberties organization filed an amicus brief Friday (click for PDF), urging a Los Angeles federal judge to dismiss the indictment of Lori Drew. She was charged in May with felony conspiracy and three counts of intentionally accessing a protected computer without authorization when she violated MySpace's terms of service.

The EFF, a prominent voice … Read more

Buzz Out Loud 774: The feel-good episode of the year

That's sarcasm, I'm afraid. Lots of bad news today, including the tragic end to the Spam King escape story, the cell-phones-and-cancer debate makes a resurgence with some serious recommendations for careful use, and AOL starts up a fire sale. In good news, though, a new iPhone firmware upgrade is on deck, and it may bring turn-by-turn GPS AND copy and paste. But you know, don't get your hopes up. Have a great weekend! Listen now: Download today's podcast EPISODE 774

Escaped ’spam king’ allegedly kills self, family http://news.cnet.com/8301-1009_3-9999451-83.html

Cancer doc urges … Read more

Jammie Thomas likely to get another day in court

A move's afoot to get a new trial for Jammie Thomas. She's the Minnesota woman a court ordered to pay the recording industry $222,000 for copyright violations related to sharing songs.

You may recall that the jury never found that Thomas had downloaded any music but had infringed by making the music available for others to download. So Friday the Electronic Frontier Foundation, along with a coalition of consumer and industry groups, said the court's judgment should be overturned because of erroneous instructions to the jury.

The headline here should be: EFF to court: Jammie Thomas … Read more

Court rejects RIAA's 'making available' piracy argument

The recording industry's music piracy fight was dealt a setback Tuesday when a federal judge rejected the RIAA's "making available" argument in a lawsuit against a husband and wife accused of copyright infringement.

In Atlantic v. Howell, Judge Neil V. Wake denied the labels' motion for summary judgment in a 17-page decision (PDF), allowing the suit to proceed to trial. The argument--that merely the act of making music files available for download constituted copyright infringement--has been the basis for the Recording Industry Association of America's legal battle against online music piracy.

The RIAA sued husband … Read more