Andorin writes "According to Drew Wilson at ZeroPaid and Cory Doctorow, the ASCAP (American Society of Composers, Authors and Publishers), a US organization that aims to collect royalties for its members for the use of their copyrighted works, has begun soliciting donations to fight key organizations of the free culture movement, such as Creative Commons, the Electronic Frontier Foundation, and Public Knowledge. According to a letter received by ASCAP member Mike Rugnetta, 'Many forces including Creative Commons, Public Knowledge, Electronic Frontier Foundation and technology companies with deep pockets are mobilizing to promote "Copyleft" in order to undermine our "Copyright." They say they are advocates of consumer rights, but the truth is these groups simply do not want to pay for the use of our music. Their mission is to spread the word that our music should be free.' (Part 1 and part 2 of the letter.) The collecting agency is asking that its professional members donate to its Legislative Fund for the Arts, which appears to be a lobbying campaign meant to convince Congress that artists should not have the choice of licensing their works under a copyleft license."

climenole writes "HTTPS Everywhere is a Firefox extension produced as a collaboration between The Tor Project and the Electronic Frontier Foundation. It encrypts your communications with a number of major websites. Many sites on the web offer some limited support for encryption over HTTPS, but make it difficult to use. For instance, they may default to unencrypted HTTP, or fill encrypted pages with links that go back to the unencrypted site. The HTTPS Everywhere extension fixes these problems by rewriting all requests to these sites to HTTPS."

linzeal writes "Directors whose films have done poorly at the box office are increasingly being solicited by high-powered law firms to file lawsuits with offers of settlement. This practice, which the EFF has been calling extortive and 'mafia-like', has resulted in courts starting to rule in favor of the consumer, and in some cases throwing out the lawsuits. This is all fine and dandy, however, when you are considered the world's worst director and you largely finance films through your own holding company. At that point, the rhetoric and ridicule gets ratcheted up rather quickly."

MexiCali59 recommends an account up at Hillicon Valley on a speech by John Perry Barlow to the Personal Democracy Forum in New York. "The deluge of information available on the Web has made the country ungovernable, according to EFF co-founder John Perry Barlow. 'The political system is broken partly because of Internet,' Barlow said. 'It's made it impossible to govern anything the size of the nation-state. We're going back to the city-state. The nation-state is ungovernably information-rich.' ... Barlow said there is too much going on at every level in Washington, DC, for the government to effectively handle everything on its plate. Instead, he advocated citizens organizing around the issues most important to them. 'There is a circle of fat around the Beltway that is incredibly thick. We can no longer try to run this country from the center. We've got to run it, just like the Internet, from the edges.' Barlow also said that President Barack Obama's election, driven largely by small donations, has fundamentally changed American politics. He said a similar bottom-up structure is needed for governing as well. 'It's not the second coming, everything won't get better overnight, but that made it possible to see a future where it wasn't simply a matter of money to define who won these things. The government could finally start belonging to people eventually.'"

NewYorkCountryLawyer writes "In the new mass filesharing suit brought in Washington, DC, on behalf of a filmmaker, Achte/Neunte v. Does 1-2094, the Electronic Frontier Foundation, Public Citizen, and two ACLU organizations have filed an amicus curiae brief supporting a motion by Time Warner to quash the subpoena. EFF commented: 'We've long been concerned that some attorneys would attempt to create a business by cutting corners in mass copyright lawsuits against fans, shaking settlements out of people who aren't in a position to raise legitimate defenses and becoming a category of 'copyright trolls' to rival those seen in patent law.'" And reader ericgoldman notes a case that arguably falls under the same umbrella: "Sherman Frederick, publisher of the Las Vegas Review-Journal, wrote a blog post declaring 'Copyright theft: We're not taking it anymore.' Apparently upset that third-party websites are republishing its stories in full, the newspaper 'grubstaked and contracted with a company called Righthaven ... a local technology company whose only job is to protect copyrighted content.' Righthaven has brought 'about 22' lawsuits on behalf of the newspaper, including lawsuits against marijuana- and gambling-related websites. Frederick hopes 'if Righthaven shows continued success, that it will find other clients looking for a solution to the theft of copyrighted material' and ends his 'editorial' (or is it an ad?) inviting other newspapers to become Righthaven customers. A couple of months back Wendy Davis of MediaPost deconstructed some of Frederick's logic gaps."

trawg writes "You paid for it, you have the DVD in your drive and the box on the floor next to your desk, but do you own the game? That's the question the 9th Circuit Court of Appeals will rule on next week in the case between Blizzard, publisher of World of Warcraft, and MDY, publisher of the Glider bot. The Glider bot plays World of Warcraft for you, but Blizzard frowns on this, saying it voids the license agreement — you don't own the game, you only have a license to use it, and bots like Glider invalidate the license. The EFF has a good summary of the case as well. The case is due to be resumed on Monday."

I Don't Believe in Imaginary Property writes "The Free Software Foundation has discovered that an application currently distributed in Apple's App Store is a port of GNU Go. This makes it a GPL violation, because Apple controls distribution of all such programs through the iTunes Store Terms of Service, which is incompatible with section 6 of the GPLv2. It's an unusual enforcement action, though, because they don't want Apple to just make the app disappear, they want Apple to grant its users the full freedoms offered by the GPL. Accordingly, they haven't sued or sent any legal threats and are instead in talks with Apple about how they can offer their users the GPLed software legally, which is difficult because it's not possible to grant users all the freedoms they're entitled to and still comply with Apple's restrictive licensing terms."

alphadogg writes "Even without cookies, popular browsers such as Internet Explorer and Firefox give websites enough information to get a unique picture of their visitors about 94 percent of the time, according to research compiled over the past few months by the Electronic Frontier Foundation. [The Research] puts quantitative assessment on something that security gurus have known about for years, said Peter Eckersley, the EFF senior staff technologist who did the research. He found that configuration information — data on the type of browser, operating system, plugins, and even fonts installed — can be compiled by websites to create a unique portrait of most visitors. This means that most Internet users are a lot less anonymous than they believe, Eckersley said. 'Even if you turn off cookies and you use a proxy to hide your IP address, you could still be tracked,' he said."

Of the many commentaries and analyses springing up about Obama's Supreme Court nominee, this community might be most interested in one from the Hollywood Reporter. Reader Hugh Pickens notes that Hollywood may have reason to be nervous about the nomination of Elena Kagan to be the next US Supreme Court justice. "As dean of Harvard Law School from 2003 to 2009, Kagan was instrumental in beefing up the school's Berkman Center for Internet & Society by recruiting Lawrence Lessig and others who take a strongly liberal position on fair use in copyright disputes. And Kagan got an opportunity to showcase her feelings on intellectual property when the US Supreme Court asked her, as US Solicitor General, to weigh in on the big Cablevision case. 'After Cablevision announced in 2006 that it would allow subscribers to store TV programs on the cable operator's computer servers instead of on a hard-top box, Hollywood studios went nuts, predicting that the days of licensing on-demand content would be over,' writes Gardner. Kagan's brief compared remote-storage DVRs to VCRs (PDF), brought up the Sony/Betamax case, and lightly slapped Cablevision on the wrist for not making fair use a bigger issue. 'It sounds to us like Kagan would love the Court to determine when customers have a fair-use right to copy, which should cheer those on the copy-left at the EFF, and worry many in the entertainment industry.' On the minus side, Kagan has surrounded herself with entertainment industry advocates in the Justice Department."

supersloshy writes "Last year, 2D Boy, the developers of the popular independent game World of Goo, had a pay-what-you-want birthday sale with curious results. For the next seven days, Wolfire Games is attempting the same kind of sale, but with some new twists. Wolfire Games' Humble Indie Bundle contains five independent games (World of Goo, Aquaria, Gish, Lugaru HD, and Penumbra) with no DRM and they are all cross-platform. In addition to directly supporting the developers of these five games, part of the money also goes to the Electronic Frontier Foundation and the Child's Play Charity. No matter how much you spend, you also get to choose who your money goes to (charity only, developers only, evenly, or custom)."

An anonymous reader writes "Tim Jones over at the EFF's Deep Links Blog just posted an interesting article on the widespread use of deceptive interface techniques on the Web. He began by polling his Twitter and Facebook audience for an appropriate term for this condition and received responses like 'Bait-and-Click' and 'Zuckerpunched.' Ultimately, he chose 'Evil Interfaces' from Greg Conti's HOPE talk on malicious interface design and follow-up interview with media-savvy puppet Weena. Tim then goes on to dissect Facebook (with pictures). So, what evil interfaces have you encountered on (or off) the Web?"

rueger writes "Over a couple of years I have actually found Facebook pretty useful and/or entertaining. It has certainly allowed me to stay connected with a lot of people with whom I otherwise would have lost track, and for all its weaknesses it was handy for sharing links and such. This week, though, the privacy escapades have pushed me (and a lot of other people) over the edge. If Twitter's 140 characters aren't enough, LinkedIn is too business-oriented, MySpace too ugly, and Buzz — does anyone even use Buzz? What social media options are out there for all of those non-uber-techy folks?"

mjn writes "In yet another backtrack from their privacy policy, Facebook has decided to retroactively move more information into the public, indexable part of profiles. The new profile parts made public are: a list of things users have become 'fans' of (now renamed to 'likes'), their education and work histories, and what they list under 'interests.' Apparently there is neither any opt-out nor even notice to users, despite the fact that some of this information was entered by users at a time when Facebook's privacy policy explicitly promised that it wouldn't be part of the public profile."

Locke2005 writes "In what promises to be one of the quickest threads to become Godwin'ed, YouTube has pulled scores of parodies of the 'Hitler Finds Out' scene from the movie The Downfall. Ironically, I had never heard of this movie before this — and now I want to watch it." Here is the EFF complaint. David Weinberger has posted some details on Google's Content Identification tool, which is being used in the shotgun takedowns.

funchords writes "As a settlement to the class-action lawsuits over Comcast's blocking of users' Internet traffic, Comcast stands to pay 'up to' $16.00 to every subscriber who makes a claim at their settlement website and declares, under penalty of perjury, that their online activity was for a lawful purpose consistent with applicable copyright and other laws. Robb Topolski, the veteran networking engineer who kicked off the case when he discovered the blocking back in 2007, says that the proposed settlement doesn't make sense, especially after the US Court of Appeals for the District of Columbia Circuit ruled this month that the US Federal Communications Commission didn't have the authority to enforce its Net neutrality principles on Comcast. 'You paid about $50 a month for the service, and the amount that Comcast stands to return is up to about 50c per month for each month that it blocked traffic,' he wrote. 'If that tiny amount of money is compensation, then there is no penalty to Comcast for interfering with its customers, for failing to disclose it, for repeatedly lying about it, and for taking so long to stop it.' The Associated Press and the Electronic Frontier Foundation, in late 2007, each independently confirmed Topolski's reports that Comcast was blocking BitTorrent and some other traffic without telling its customers. Comcast first denied interfering with traffic, then finally said it throttled some applications only during times of peak congestion. However, studies from the Max Planck Institute for Software Systems in Germany eventually proved that Comcast slowed BitTorrent traffic around the clock."

PatPending sends in CNET coverage of Yahoo's new allies in its fight with the DoJ to protect the privacy of its customers' email stored in the cloud. Google, the EFF, the CDT, and others have filed a friend-of-the-court brief arguing that the DoJ should be required to obtain a search warrant signed by a judge in order to compel Yahoo to turn over users' email messages. "Does email stored in the cloud have the same level of protection as the same information stored by a person at home? No, according to the Obama administration's Assistant US Attorney Pegeen Rhyne, who wrote in a government motion filed last month, 'Previously opened e-mail is not in "electronic storage." This court should therefore require Yahoo to comply with the order and produce the specified communications in the targeted accounts.' (The Justice Department's position is that what's known as a 2703(d) order — not as privacy-protective as the rules for search warrants — should let police read email.)" Update: 04/16 23:26 GMT by KD : he government backed off: "Saying the contested e-mail 'would not be helpful to the government’s investigation,' the authorities withdrew demands for e-mail in a pending and sealed criminal case." So no court ruling and no precedent.

renek writes "If you think the RIAA/MPAA's tactics have been outlandish, laughable, and disconcerting in the past, you haven't seen anything yet. From government-mandated spyware that deletes infringing content to border searches of media players, this reads like an Orwellian nightmare. Given the US government's willingness to bend over for Big Media it wouldn't be terribly surprising to see how far this goes and how under the radar it stays."

I Don't Believe in Imaginary Property writes "Most people have already heard western media reactions to Google leaving China proper and redirecting search traffic to its Hong Kong branch, but ChinaSMACK has translated comments from average Chinese internet users so that non-Chinese can understand how the Chinese public feels. While many of them are supportive of the government on some level, they were able to obtain many comments by those critical of the government before they could be 'harmonized' (deleted) and translated those as well. The deleted comments often complain about the wumao (50 cent party), government employees who are paid 50 cents RMB per post supporting the government, and worry that the Chinese Internet will become a Chinese LAN."

I Don't Believe in Imaginary Property writes "Eric Goldman, an Associate Professor of Law at Santa Clara University School of Law, has an excellent analysis of the dueling summary judgment motions in Viacom v. YouTube. Basically, both sides have been trotting out the most damning things they can find and asking the judge to rule against the other party. Viacom is mad that Chad Hurley, one of YouTube's co-founders, lost his email archive and couldn't remember some old emails. Worse, YouTube founder Karim once uploaded infringing content. But then Google points out that only a very small percentage of the users are engaged in infringing activity (some 0.016% of all YouTube accounts have been deleted for infringement), one of the clips Viacom is suing over is only one second long (what about fair use?), and most of YouTube's content is non-infringing, including the campaign videos which all major US presidential candidates posted to YouTube." (More below.)

SpuriousLogic passes along this excerpt from the ChiTrib: "The Feds are on Facebook. And MySpace, LinkedIn, and Twitter, too. US law enforcement agents are following the rest of the Internet world into popular social-networking services, going undercover with false online profiles to communicate with suspects and gather private information, according to an internal Justice Department document that offers a tantalizing glimpse of issues related to privacy and crime-fighting. ... The document... makes clear that US agents are already logging on surreptitiously to exchange messages with suspects, identify a target's friends or relatives and browse private information such as postings, personal photographs, and video clips. Among other purposes: Investigators can check suspects' alibis by comparing stories told to police with tweets sent at the same time about their whereabouts. Online photos from a suspicious spending spree... can link suspects or their friends to robberies or burglaries." The FoIA lawsuit was filed by the EFF, which has posted two documents obtained from the action, from the DoJ and Internal Revenue (more will be coming later). The rights group praises the IRS for spelling out limitations and prohibitions on deceptive use of social media by its agents — unlike the DoJ. The US Marshalls and the BATFE could not find any documents related to the FoIA request, so presumably they have no guidelines or prohibitions in this area.