EFFector       Vol. 13, No. 1       Jan. 25, 2000       editor@eff.org
                                      
   A Publication of the Electronic Frontier Foundation     ISSN 1062-9424
                                      
  IN THE 149th ISSUE OF EFFECTOR (now with over 21,000 subscribers!):
  
     * MPAA Continues Intimidation Campaign Against Open Source Software
       Community
          + Police Raid Home of Norwegian Linux Coder
          + WHAT YOU CAN DO
          + Links to More Information
     * Administrivia
       
   For more information on EFF activities & alerts: http://www.eff.org
     _________________________________________________________________
   

MPAA Continues Intimidation Campaign Against Open Source Software Community

  Police Raid Home of Norwegian Linux Coder
  
   The home of sixteen-year-old Jon Johansen, who was among the first to
   post the DeCSS program that allows users to view DVDs on computers
   using non-Windows or Macintosh operating systems, was raided yesterday
   in Larvik, Norway and his computer and cellular telephone seized by
   police.
   
   The police were acting at the behest of the motion picture industry as
   part of the industry's attempt to suppress discussion and distribution
   of DVD-viewing software developed outside of the industry's licensing
   regime to prevent the free availability of such software.
   
   Both Johansen and his father, who operated the website on which the
   teen posted the code, were questioned at length by the police and have
   been threatened with indictment for posting the code, which the motion
   picture industry dubiously claims was created illegally and promotes
   piracy. Legal analysis of Norwegian copyright and computer crime laws
   suggests the charges would not stick; the action appears intended to
   harass and frighten.
   
   This action is in addition to three lawsuits filed by the Motion
   Picture Association of America and the DVD Content Control Association
   and their overlapping membership, in California, New York and
   Connecticut against numerous individuals and organizations including
   coders, journalists and an ISP. EFF's legal staff, aided by some of
   the nation's top attorneys in copyright law, are vigorously defending
   those named in the suits, to support the rights of individuals to
   legally develop, post, and discuss software.
   
   "The motion picture industry is using its substantial resources to
   intimidate the technical community into surrendering their rights of
   free expression and fair use of information", said Tara Lemmey,
   President of the Electronic Frontier Foundation. "These actions are a
   wake-up call for the open-source software community. The process of
   reverse-engineering and public posting and commenting of code that the
   MPAA is attempting to suppress is fundamental to the development of
   open source software as well as being constitutionally-protected
   speech."
   
   EFF plans to assist the Johansen family and has already contacted
   several experts in European copyright law to involve them in the case.
   
   For more information and background material on the MPAA/DVDCCA
   crusade to censor free speech and innovation under the smokescreen of
   preventing piracy, visit EFF's Campaign for Audiovisual Free
   Expression ( http://www.eff.org/cafe ) or follow some of the links
   below.


   
    WHAT YOU CAN DO
    
   Support EFF by making a special donation. The movie industry is
   clearly trying to spread us thin and make us expend all our resources.
   They've filed three lawsuits, generated one bogus criminal
   investigation, and will almost certainly do more -- hoping to spend us
   out of the way. Please don't let that happen. EFF is the only
   organization fighting this legal battle against big money and
   corporate arrogance. We need your help! You can make a donation via
   our secure Web site (just fill in the donation section of our
   membership form, and please become a member, too!) You can also send a
   check, or even donate stock. Membership/donation form (Visa, MC,
   AmEx):
   https://www.eff.org/join
   
   Contact info for postal or telephoned donations, and stock donations:
      Electronic Frontier Foundation
      attn: Kathleen Guneratne, Membership Coordinator
      1550 Bryant St., Suite 275
      San Francisco CA 94103-4832 USA
      +1 415 436 9333 x0
   
   PGP Key for encrypted donations via e-mail (send to
   membership@eff.org):
   http://www.eff.org/pub/EFF/effkey.pgp
   
   Were working on other ways for members and supporters to get involved
   -- we'll send out another edition of EFFector and feature it on our
   website as well.
   
   Thanks for your help and support.
   


    Links to More Information
    
   EFF's Campaign for Audiovisual Free Expression (CAFE)
   http://www.eff.org/cafe
   
   Coverage in Norwegian Press (in English):
   http://www.aftenposten.no/english/local/d121152.htm
   
   EFF press release regarding related NY, CT cases:
   http://www.eff.org/ip/Video/MPAA_DVD_cases/20000120_eff_press_release.html
   
   CNN coverage of injunction granted in NY case:
   http://www.cnn.com/2000/TECH/ptech/01/21/dvd.hacking.reut/index.html
   
   Wired News coverage of NY case:
   http://www.wired.com/news/politics/0,1283,33816,00.html
   
   General info on the open source community and DVD:
   http://www.opendvd.org/
   
   EFF's archives on the DVD cases:
   http://www.eff.org/IP/Video
   
   Full text of injunction order granted in related CA case:
   http://www.eff.org/ip/Video/MPAA_DVD_cases/20000120_pi_order.html
   
   San Jose Mercury News coverage of denial of industry request for
   temporary restraining order in CA case:
   http://weblog.mercurycenter.com/ejournal/1999/12/29
   
   NY Times coverage of CA case being filed:
   http://www.nytimes.com/library/tech/yr/mo/cyber/cyberlaw/07law.html
   
     _________________________________________________________________
   
                                 Administrivia
                                       
   EFFector is published by:
   
   The Electronic Frontier Foundation
   1550 Bryant St., Suite 725
   San Francisco CA 94103-4832 USA
   +1 415 436 9333 (voice)
   +1 415 436 9993 (fax)
   
   Editor: Stanton McCandlish, Communications Coordinator/Webmaster
   (editor@eff.org)
   
   Membership & donations: 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
   reproduce signed articles individually, please contact the authors for
   their express permission. Press releases and EFF announcements may be
   reproduced individually at will.
   
   To subscribe to EFFector via email, send message BODY of:
   subscribe effector-online
   to listserv@eff.org, which will add you to a subscription list for
   EFFector. To unsubscribe, send a similar message body, like so:
   unsubscribe effector-online
   to the same address.
   
   Please ask listmaster@eff.org to manually add you to or remove you
   from the list if this does not work for some reason.
   
   Back issues are available at:
   http://www.eff.org/effector
   
   To get the latest issue, send any message to
   effector-reflector@eff.org (or er@eff.org), and it will be mailed to
   you automagically. You can also get:
   http://www.eff.org/pub/EFF/Newsletters/EFFector/current.html