EFFector Vol. 14, No. 23 Sep. 7, 2001 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
In the 183rd Issue of EFFector (now with over 28,800 subscribers!):
* ALERT: Canadian "DMCA" in the Works - Short Deadline
* Russian Programmer & Co. Case Continued
* WIPOUT Launches Counter-Essay Contest on Copyright in response to
WIPO Contest
* EFF Thanks Craig's List, the Foundation Center and Actor Wil
Wheaton for Featuring Us on Their Sites
* EFF Thanks Working Assets for Their Activism
* 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/
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_________________________________________________________________
ALERT: Canadian "DMCA" in the Works - Short Deadline
Tell Canada to Reject Anti-Technology Bans
Electronic Frontier Foundation ACTION ALERT
(Issued: Friday, September 7, 2001 / Deadline: Saturday, September 15,
2001)
Introduction:
Canadian citizens, and others, are urged to contact the Canadian
government and express their opposition to legislation, similar to the
Digital Millennium Copyright Act (DMCA) in the U.S., that would outlaw
circumvention of technological restrictions put in place by copyright
holders. The Canadian government is accepting public comment until
September 15, 2001 on its proposed "Consultation Paper on Digital
Copyright Issues" which considers such measures.
These anti-technology bans violate the Canadian Charter of Rights and
Freedom's guarantee of freedom of speech, and similar guarantees in
the UN Universal Declaration of Human Rights, since such tools are
necessary to exercise lawful uses, including fair dealing and other
uses that have never been and never should be criminalized. They would
turn scientists, fair users, journalists, programmers, and archivists
into criminals. While protecting copyright is important, passing measures
that also censor much lawful speech goes too far, without ever
achieving its objective.
Canada is considering adopting anti-circumvention legislation in
response to the World Intellectual Property Organization's (WIPO) 1996
Copyright Treaty. This treaty, however, does not require enacting
national legislation that outlaws technology with many lawful uses.
Given the dismal US experience with the DMCA, other countries should
learn from and steer clear of the U.S. Congress's mistake.
What YOU Can Do:
EFF calls upon the citizens of Canada, and other interested parties
around the world, to submit comments by Sept. 15, urging the Canadian
agency Intellectual Property Policy Directorate to remove the
provisions of the Consultation Paper on Digital Copyright Issues that
outlaw the act of circumvention and forbid providing tools for
circumvention of technological protection measures restricting use of
copyrighted works.
Comments, to be received by the government by September 15, 2001,
should be submitted to:
Comments - Government of Canada Copyright Reform
c/o Intellectual Property Policy Directorate
Industry Canada
235 Queen Street
5th Floor West
Ottawa, Ontario K1A 0H5 Canada
fax: (613) 941-8151
copyright-droitdauteur@ic.gc.ca (text, HTML, WordPerfect and MSWord
formats accepted)
Sample Letter:
This is just an example. It will be most effective if you send
something similar but in your own words.
To Industry Canada, the Department of Canadian Heritage, the
Intellectual Property Policy Directorate and other concerned
agencies:
I write to express my grave concern regarding the extreme
intellectual property provisions of the Consultation Paper on
Digital Copyright Issues (CPCDI).
These measures, based on the US Digital Millennium Copyright Act
(DMCA), give far too much power to publishers, at the expense of
indivdiuals' rights. The DMCA itself is already under legal
challenge in the US, has gravely chilled scientists' and computer
security researchers' freedom of expression around the world for
fear of being prosecuted in the US, and resulted in the arrest of a
Russian programmer. The CPDCI provisions, which serve no one but
(largely American) corporate copyright interests, are just as
overbroad as those of the DMCA.
These provisions would amend the Canadian Copyright Act to ban,
with few or no exceptions, software and other tools that allow copy
prevention technologies to be bypassed. This would violate the
Charter of Rights and Freedoms guarantee of freedom of speech, and
similar guarantees in the UN Universal Declaration of Human Rights,
since such tools are necessary to exercise lawful uses, including
fair dealing, reverse engineering, computer security research and
many others.
I urge you to remove these controversial and anti-freedom
provisions from the CPDCI language. The DMCA is already an
international debacle. Its flaws should not be imported and forced
on Canadians.
Sincerely,
[Your full name]
[Your address]
Background:
For more information about the Canadian Copyright Act amendment
process, including the proposed digital copyright measures and how
Canadian citizens can become involved, see the following Web site:
http://strategis.ic.gc.ca/SSG/rp01100e.html
About EFF:
The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded
in 1990, EFF actively encourages and challenges industry and
government to support free expression, privacy, and openness in the
information society. EFF is a member-supported organization and
maintains one of the most linked-to Web sites in the world:
http://www.eff.org
Contact:
Will Doherty, EFF Online Activist / Media Relations
wild@eff.org
+1 415 436 9333 x111
Robin Gross, EFF Intellectual Property Attorney
robin@eff.org
+1 415 436 9333 x112
- end -
_________________________________________________________________
Russian Programmer & Co. Case Continued
Trial Schedule and Company Counsel Cause Delay to September 24
Electronic Frontier Foundation Media Release
For Immediate Release: Tuesday, September 4, 2001
Contacts:
Cindy Cohn, EFF Legal Director
cindy@eff.org
+1 415-436-9333 x108
Will Doherty, EFF Online Activist / Media Relations
wild@eff.org
+1 415-436-9333 x111
San Jose, California - Russian programmer Dmitry Sklyarov and his
employer Elcomsoft appeared briefly in court today regarding charges
of providing electronic book format conversion software in the United
States.
At the hearing -- described as "pretty routine" by defense attorney
Joseph Burton -- the case was continued to 9:00 AM on September 24,
2001, in the same San Jose Federal court building. The case was
continued so that Elcomsoft will have sufficient time to choose their
legal representation and so that both prosecution and defense teams
may present a joint schedule for motions and discovery in the case.
Last Thursday, the court heard a five-count grand jury indictment
against Elcomsoft and previously jailed programmer Sklyarov on charges
of trafficking and conspiracy to traffic in a copyright circumvention
device.
Sklyarov -- who is out of custody on US $50,000 bail -- could face a
prison term of up to twenty-five years and a US $2,250,000 fine. As a
corporation, Elcomsoft faces a potential US $2,500,000 fine.
"Dmitry has programmed a format converter which has many legitimate
uses including enabling the blind to hear eBooks," explained Cindy
Cohn, Electronic Frontier Foundation Legal Director. "The idea that he
faces prison for this is outrageous. The EFF will support Dmitry
through the end of this ordeal."
"We were hoping that the government would see the wisdom and justice
in not pursuing a case against Sklyarov," said his attorney, Joseph M.
Burton of Duane Morris in San Francisco. "Even if one were to ignore
the serious legal questions involving the DMCA, this case hardly cries
out for criminal prosecution. Sklyarov's and Elcomsoft's actions are
not conduct that Congress intended to criminalize. We will vigorously
contest these charges."
The next court appearance scheduled in the case is 9:00 AM Pacific on
September 24 before Judge Ronald Whyte in the San Jose Federal Court
building.
Background on the Sklyarov case:
http://www.eff.org/IP/DMCA/US_v_Sklyarov/
Calendar of protests related to the Sklyarov case:
http://freesklyarov.org/calendar/
Sklyarov Defense Fund (not affiliated with EFF):
http://www.freesklyarov.org/defensefund.html
- end -
_________________________________________________________________
WIPOUT Launches Counter-Essay Contest on Copyright in response to WIPO Contest
The Electronic Frontier Foundation is pleased to support this essay
contest from WIPOUT.
4 September 2001
Dear Friends, Colleagues, and Fellow Activists:
WIPOUT, an international organisation consisting of academics,
artists, musicians, and other activists, is today (Sept. 4)
launching the Intellectual Property Counter Essay Contest on its
website:
http://www.wipout.net/
The multi-lingual essay contest has been organised in response to
the World Intellectual Property Organisation's (WIPO's) own
competition announced earlier this year. The counter contest is
intended to challenge the over-protection of intellectual property
(IP) which is doing much damage to education, health care, the
environment, and economic security for millions around the world.
Entrants are being asked to address the same topic that WIPO has
posed: WHAT DOES INTELLECTUAL PROPERTY MEAN TO YOU IN YOUR DAILY
LIFE? We expect the counter contest essays to be rather more
critical than those that WIPO is soliciting.
The website also has a space for shorter 'Point of View' pieces on
the same topic for those who have something to say, but do not want
to write an essay.
WIPOUT's contest will continue from 4 September until 15 March
2002. The winning essays will be chosen by an international panel
of judges and the results announced on 26 April 2002, the same day
that WIPO announces the winners of its contest. WIPOUT's prize fund
currently totals 1500.00 UK pounds (approx. US$2100.00).
Unlike submissions to most essay contests, WIPOUT's essays will be
immediately posted on the website and accessible to all readers,
not just the judges. And although WIPOUT is hosting a 'contest', we
see the competitive aspect of the contest secondary to the purpose
of enabling a public and critical debate on the over-protection of
IP.
More than 40 groups and individuals from 10 countries have, to
date, announced their support for WIPOUT. (A complete list can be
viewed at www.wipout.net) High-profile endorsers include Noam
Chomsky, The Treatment Action Campaign of South Africa, the Gene
Campaign of India, British barrister Michael Mansfield, and the
Electronic Frontier Foundation and the Center for the Public Domain
in the US.
WIPOUT sees the contest as a way of building on recent high-profile
issues such as the South African anti-HIV drugs case, the growing
protests against the TRIPS agreement and the WTO, the Napster saga
(and increasing resentment against the high price of CDs), the
arrest and charging of Dmitry Skylarov, and public concern about GM
crops and the patenting of human genes and plants.
The essays can be submitted to WIPOUT in English, French, German,
and Spanish. A selection of initial essays, submitted for judging
purposes or for the shorter non-judged "point of view" section of
the website, has already been posted on the website.
So what can you do?
First, go and check our website, www.wipout.net, and look at the
contributions already posted. Then if you want to become a part of
the contest and join in the campaign against the over-protection of
intellectual property, you can:
1. Most obviously, write an essay or a 'Point of View' and submit it
to WIPOUT. It will then be posted on our website.
2. Become an official endorser of the competition.
3. Make a contribution to our prize fund.
4. If you run a website, put a link to WIPOUT on your site (a .jpg
button can be provided). We are happy to put a reciprocal link on
our site.
5. If your group or organisation publishes a newsletter/magazine,
mention our launch. We have a launch essay we can supply for you.
6. Download the Wipout poster and put it up in your workplace,
university, school, or local shop.
7. Spread the word. Tell others who may be interested by forwarding
them this email. There are a lot of people in the world who are
extremely unhappy with the effects of the excessive protection of
IP. Give them the chance to say what they think.
Finally, keep checking www.wipout.net in coming weeks to read the
new submissions. It shows there are others who share your views and
want to do something.
Background:
Details of the WIPOUT contest can be found at:
http://www.wipout.net/
Details of the WIPO contest can be found at:
http://www.wipo.int/pressroom/en/alert/2001/ma03rev.htm
Contact:
Our email address is: contact@wipout.net
_________________________________________________________________
EFF Thanks Craig's List, the Foundation Center and Actor Wil Wheaton
For Spotlighting Us on Their Sites
EFF would like to thank The Foundation Center for spotlighting us for
the week, as part of their Spotlight on Nonprofits and Technology
Month, on their main San Franscisco-area page at:
http://fdncenter.org/sanfrancisco/
and for profiling us in detail at:
http://fdncenter.org/sanfrancisco/sf_spotlight.html
The Foundation Center is an organization that helps nonprofits find
funding sources.
We would also like to express our gratitude to Craig's List, a popular
and important San Francisco Bay Area community e-bulletin board, for
highlighting us with a link on their main (left-side) navigation menu,
for the month, at:
http://www.craigslist.org/
Last but certainly not least a word of thanks, to
actor/comedian/webmaster Wil Wheaton ("Wesley Crusher" on Star Trek:
The Next Generation, among other roles such as in Stand By Me and
several recent indie films) for devoting serious and attention-getting
"desktop real estate" on his website to EFF's Blue Ribbon Campaign,
Dmitry Sklyarov's plight, and related anti-DMCA grassroots efforts,
at:
http://www.wilwheaton.net/
Wil is one of the first celebrity voices to come out strongly against
the DMCA.
- end -
_________________________________________________________________
EFF Thanks Working Assets for Their Activism
The Electronic Frontier Foundation (EFF) wishes to announce a
strengthened partnership with Working Assets. Working Assets will from
time to time post EFF Action Alerts to the large member base of their
organization.
In fact, Working Assets's WorkingForChange.com website posted the
following alert about Russian programmer Dmitry Sklyarov this past
week:
http://www.workingforchange.com/activism/action.cfm?itemid=11796
EFF offers Working Assets hearty thanks for their ongoing efforts and
support.
[Disclaimer: EFF does not endorse the commercial products/services of
Working Assets, or any other company.]
- end -
_________________________________________________________________
Administrivia
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The Electronic Frontier Foundation
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http://www.eff.org/
Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
editors@eff.org
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