EFFector Online Newsletter EFFector Vol. 15, No. 28 September 11, 2002 [email protected] A Publication of the Electronic Frontier Foundation ISSN 1062-9424 In the 227th Issue of EFFector: * Motions Filed in Morpheus Peer-to-Peer Case * EFF's Second Annual Share-In This Weekend! * Help With Our Internet Blocking in Schools Project * Deep 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! *Motions Filed in Morpheus Peer-to-Peer Case Judge to Consider Legality of Gnutella Software Los Angeles - Attorneys for StreamCast Networks, developers of the popular Morpheus peer-to-peer (P2P) file sharing software, filed briefs in federal court on Monday seeking a ruling that distribution of the software does not violate copyright law. Morpheus is a popular file-sharing application based on the decentralized Gnutella P2P networking protocol. In their briefs seeking summary judgment, attorneys from the Electronic Frontier Foundation (EFF) and the law firm of Brobeck, Phleger and Harrison argued that distribution of the software is legal because the product is capable of substantial noninfringing uses and because StreamCast cannot control the various uses of the software. Supporting StreamCast in the motion is nine time Grammy nominee Janis Ian, who believes that peer-to-peer software represents important new opportunities for artists. On October 2, 2001, 28 of the world's largest entertainment companies sued StreamCast for the allegedly infringing actions of users of its product (MGM et al v. Grokster et al, Case No. 01-CV-8541 SVW). Additional briefs will be filed in the months to come, with oral arguments set for December 2, 2002, before U.S. Federal District Court Judge Stephen Wilson in Los Angeles. Links: For this release: http://www.eff.org/IP/P2P/MGM_v_Grokster/20020909_eff_pr.html Documents related to Metro-Goldwyn Mayer v. Grokster case: http://www.eff.org/IP/P2P/MGM_v_Grokster/ Janis Ian's "Internet Debacle" article: http://www.janisian.com/article-internet_debacle.html - end - *Electronic Frontier Foundation Holds Second Annual Share-In John Perry Barlow, Mountain Girl Garcia Host Free Music Fest San Francisco - Join the Electronic Frontier Foundation and five Bay Area bands for an afternoon of live music and outdoor fun at EFF's second annual Share-In. The festival will be held in Golden Gate Park's Music Concourse Bandshell on Saturday, September 14th from noon - 5pm. The celebration of independent music will be hosted by Grateful Dead lyricist and EFF co-founder John Perry Barlow and former wife of the late great Jerry Garcia, Mountain Girl Garcia. Artists participating in this event will permit recording of their performances by those in attendance in support of EFFs Open Audio License (OAL). Musicians performing at the event include: the Box Set Duo - clown princes of folk-rock, the classic funk band Funkmonsters, celtic world-fusion group Hy Brassyl, harmony based folk-pop band Atticus Scout, and Berkeley-based party band Shady Lady. In addition to music, the Share-In will feature performers including Ashley Foster the One Wheeled Wonder, the Existential Circus, Frantastic Hands, the Metronome Dancers, and Willy Bologna and his Sideshow Circus. Bring your family and friends! Ben and Jerry's will sell their famous ice cream, and Cartwheel Catering will be on site with hot dogs, pretzels, and churros. Proceeds from the Share-In will go directly to EFF's Campaign for Audiovisual Free Expression (CAFE), which oversees projects such as the Open Audio License. CAFE empowers the creative community in cyberspace by protecting the public's access to and use of audiovisual technologies. The Open Audio License is a tool that EFF has developed in order to help artists share music more directly with their fans, without sacrificing recognition for their creativity. The OAL encourages collaboration, providing artists with an alternative to a business model strictly driven by profit. Based on the open source and free software initiatives for software development, the OAL encourages artists to share with one another and their fans Adoption of the OAL does not mean that artists go unrewarded for their work. On the contrary, the OAL permits artists to share single tracks or performances and gain widespread recognition for their work without relying on intermediaries. EFF encourages new models of music distribution in the digital world that benefit the artists themselves. The Internet makes it possible to drastically reduce the overhead for packaging and distributing music, which is where record companies currently spend most of the money that could be going to artists. EFF is committed to developing tools that empower artists to take control over their own art and to be compensated appropriately for their works. When: Saturday, September 14th, Noon-5pm Where: Music Concourse Bandshell in Golden Gate Park, near the Japanese Tea Gardens between MLK Drive and JFK Drive More Information and Travel Directions: http://www.eff.org/events/share-in/ Links: EFF's Cafe Project: http://www.eff.org/cafe/ The Open Audio License: http://www.eff.org/IP/Open_licenses/eff_oal.html - end - *Help With Our Internet Blocking in Schools Study If you know of any public school students, teachers, school administrators, school board members, parents, or recent public school alumni in the United States who are willing to speak about the impact of Internet blocking on educational opportunities, the EFF would like to make contact with them. We are especially looking for people in or near the following areas: * Asheville, NC * Boston, MA * Nashville, TN * New York City * San Francisco, CA Please have them contact: Will Doherty [email protected] - end - *Deep Links Deep Links features noteworthy news items, victories, and threats from around the Internet. Community Wireless Allows People to Break Away from Czech Telekom Another wireless community helps bring access to rural areas and those who otherwise would not have access. See the story at: http://www.pbj.cz/user/article.asp?ArticleID=158576 - end - Google Blocked in China A populat search engine is blocked in China and internet traffic is constantly being monitored. Read about it at: http://news.bbc.co.uk/2/hi/technology/2231101.stm - end - iPod Clone Spoiled by DRM Second generation USB speed rendered useless by DRM encryption used in Toshiba's Mobilphile: http://www.zdnet.com/products/stories/reviews/0,4161,2877898,00.html - end - The Netizen in 2002 What does it mean to be a Netizen today? Contribute to the call for submissions found at: http://www.well.com/~doctorow/netizen.txt - end - *Administrivia EFFector is published by: The Electronic Frontier Foundation 454 Shotwell Street San Francisco CA 94110-1914 USA +1 415 436 9333 (voice) +1 415 436 9993 (fax) http://www.eff.org/ Editor: Ren Bucholz, Activist [email protected] To Join EFF online, or make an additional donation, go to: http://www.eff.org/support/ Membership & donation queries: [email protected] General EFF, legal, policy or online resources queries: [email protected] Reproduction of this publication in electronic media is encouraged. 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