EFFector 22.34: EFF Launches New "Terms of (Ab)Use" Page EFFector Vol. 22, No. 34, November 25, 2009 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : In our 523rd issue: Updates: * One cannot go online today without eventually being asked to accept a set of so-called Terms of Service (or TOS). Such TOS agreements have become ubiquitous to websites and other online services in the same way End User License Agreements (EULAs) have become the mainstay of the software industry. Yet while we are often aware that such Terms of Service exist, very few of us know and understand what they actually say. The time has come to shed light on what these Terms of Service agreements contain, and what it means for users. In conjunction with our TOSBack Project, EFF is proud to announce Terms of (Ab)Use: a source for news and TOS issues around the web. For the full Deep Link: https://www.eff.org/deeplinks/2009/11/eff-launches-new-terms-ab-use-page For the Terms of (Ab)Use page: https://www.eff.org/issues/terms-of-abuse * DVD Customers Are Not DVD Pirates Staff attorney Fred Von Lohmann has published an op-ed on The Wrap, a leading blog for Hollywood insiders. It makes the point that Hollywood's attacks on DVD innovators (RealDVD, Kaleidescape, Redbox) amount to an attack on legitimate DVD customers who are trying to pay for the content that the could almost as easily download for free from unauthorized sources. https://www.eff.org/deeplinks/2009/11/dvd-customers-are-not-dvd-pirates * Google Books Settlement 2.0: Evaluating the Pros and Cons When it announced its Book Search project in 2004, Google set for itself an inspiring and noble goal. In the words of Google CEA Eric Schmidt, "Imagine yourself at your computer and, in less than a second, searching the full text of every book ever written." What started as a dream of universal book search, however, has become something much broader: a class action lawsuit and proposed settlement that hopes to let Americans read, as well as search, millions of books online. The fate of that more ambitious plan is now before a court in New York. In the face of opposition from many quarters (including EFF on privacy and the U.S. Department of Justice on a number of issues), Google and class representatives for authors and publishers recently revised the proposed settlement. The court is expected to decide whether to approve the revised settlement sometime in the first half of 2010. In the first four-parts of a series, EFF provides its evaluation of the proposed settlement. For the full Deep Link: https://www.eff.org/deeplinks/2009/08/google-book-search-settlement-evaluating-pros-and- Part 2: Evaluating Access: https://www.eff.org/deeplinks/2009/08/google-book-search-settlement-access Part 3: Evaluating Competition: https://www.eff.org/deeplinks/2009/08/google-book-search-settlement-evaluating-competiti Part 4: Evaluating Privacy: https://www.eff.org/deeplinks/2009/11/google-books-settlement-2-0-evaluating-privacy * A Pirate-Finder General for the UK? Copyright law involves a delicate balance, made all the more fragile by the number of people who now find their everyday actions affected by it. Some people benefit, others find ordinary behaviors made illegal. Reforming copyright in the face of new technology is a vital process, but it needs to be performed carefully, with all affected parties considered in the debate. In the UK, the Labour administration's impatience to pass its "Digital Economy" agenda, risks throwing that balance utterly out the window. The draft Digital Economy Bill that has recently been released includes a provision granting the Secretary of State currently Lord Peter Mandelson the power to make statuary instruments that can re-write Britain's Copyright, Designs, and Patents Act with the minimum of Parliamentary debate. For the full Deep Link: https://www.eff.org/deeplinks/2009/11/pirate-finder-general-uk If you are in the UK, take action: https://www.eff.org/action/uk-alert-stop-pirate-finder-general * EFF Tackles Bogus Podcasting Patent And we Need Your Help! Patenting podcasting? You've got to be kidding. Yet a company called Volomedia just got the Patent Office to grant them such exclusive rights. EFF and the law firm of Howrey, LLP aren't willing to just sit by and watch. This patent could threaten the vibrant community of podcasters and millions of podcast listeners. We want to put a stop to it, but we need your help. The Volomedia patent covers "a method for providing episodic media." It's a ridiculously broad patent, covering something that many folks have been doing for many years. Worse, it could create a whole new layer of ongoing costs for podcasters and their listeners. Right now, just about anyone can create their own on-demand talk radio program, earning an audience on the strength of their ideas. But more costs and hassle means that podcasting could go the way of mainstream radio -- with only the big guys able to afford an audience. And we'd have a bogus patent to blame. In order to bust this patent, we are looking for additional "prior art" -- or evidence that the podcasting methods described in the patent were already in use before November 19, 2003. In particular, we're looking for written descriptions of methods that allow a user to download pre-programmed episodic media like audio files or video files from a remote publisher, with the download occurring after the user subscribes to the episodes, and with the user continuing to automatically receive new episodes. For the full Deep Link: https://www.eff.org/deeplinks/2009/11/eff-tackles-bogus-podcasting-patent-and-we-need-yo For the prior art request: https://w2.eff.org/patent/wanted/volomedia/EFF_volomedia_prior_art.pdf * Stopping the ACTA Juggernaut The ACTA juggernaut continues to roll ahead, despite public indignation about an agreement supposedly about counterfeiting that has turned into a regime for global Internet regulation. The Office of the United States Trade Representative (USTR) has already announced that the next round of Anti-Counterfeiting Trade Agreement (ACTA) negotiations will take place in January -- with the aim of concluding the deal "as soon as possible in 2010." For the full Deep Link: https://www.eff.org/deeplinks/2009/11/stopping-acta-juggernaut : . : . : . : . : . : . : . : . : . : . : . : . : . : . : miniLinks ~ SF Cops Seize DJ Laptops SF Weekly on San Francisco police seizures of DJ's laptops. http://www.sfweekly.com/2009-11-18/music/s-f-cops-may-have-gone-too-far-in-seizing-dj-gear-at-underground-parties ~ Copyright Goes on World Tour The Washington Post's Rob Pegoraro says the secret copyright treaty ACTA would create a global DMCA. http://www.washingtonpost.com/wp-dyn/content/article/2009/11/13/AR2009111300852.html ~ PATRIOT Tracker Wired's Threat Level has a handy chart to help track the various amendments to the PATRIOT Act. http://www.wired.com/threatlevel/2009/11/patriot-act ~ Privacy Online The ACLU-NC's dotRights project has a nice video on the question of how to control your personal information online. http://dotrights.org/education : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Announcements * Bloggers' Rights Shirts are Back! Special Edition Bloggers' Rights shirts are back for a limited time! The Bloggers' Rights shirt features the unmistakable red and yellow graphic on the front and the EFF logo on the back. Supplies (and sizes) are limited. Show your free speech love and get yours today: http://secure.eff.org/shop To learn more about your rights, check out EFF's Legal Guide for Bloggers on our website: http://www.eff.org/bloggers * Help EFF with Airline Miles or Hotel Points! EFF is looking for donations of airline miles, flight vouchers, or hotel points for outreach events and speaking engagements. If you have enough airline miles for a free ticket and would like to send an EFF staffer to a conference, let us know, and we will help you with the process of making the reservation. Please note that at this time we are unable to combine miles from multiple individuals or airlines. We are also looking for hotel rewards points to help reduce our overall travel costs. As thanks for your donation, we can offer a free membership and a mention in EFFector (if you'd like). Please contact aaron@eff.org if you can help! SPECIAL THANKS to Chris and Mike Pryor whose donation will send EFF staff members to TWO events. You've really helped us out! * Volunteer at EFF! EFF is looking for volunteers to assist with operations in our membership department. If you're organized, detail-oriented, and looking for a hands-on way to support EFF, contact us today! Duties include: * Sending out membership packets * Organizing premiums * Printing mailings * Assisting with events Learn about fundraising operations in the nonprofit world while supporting your favorite organization in a tangible way! Interest in grassroots fundraising is a plus, as is familiarity with EFF's issues. Send a letter of interest to aaron@eff.org * Become a Google Policy Fellow and Work with EFF Next Summer! If you're a student or researcher who is passionate about improving technology policy and you're interested in working with EFF, consider applying for a Google Policy Fellowship -- a 10-week, summer program that gives students the chance to work alongside public interest organizations on topics of Internet and technology policy. Just as Google's "Summer of Code" project aims to develop and promote open source projects, Google is hoping that these policy fellowships will advance debate on key policy issues affecting the public. Fellows will receive a stipend of $7,000 for 10 weeks during the summer of 2010 (June to August). Applications are due by midnight on Monday, December 28, 2009. Students who are accepted into the program will be notified by Friday, February 12, 2010. For more information, check out the FAQ: http://www.google.com/policyfellowship/faq.html To learn more about EFF's areas of focus: http://www.google.com/policyfellowship/hosts.html#eff To fill out the application: http://services.google.com/inquiry/policyfellowship * Coders' Rights with Jennifer Granick! EFF's Civil Liberties Director Jennifer Granick will be answering your Coders' Rights legal questions at Noisebridge at 7:00 pm, Monday November 30th. Noisebridge is located on the 3rd floor of 2169 Mission Street, San Francisco, CA. Directions are available: https://www.noisebridge.net/wiki/Getting_Here Advance questions are welcome on the Noisebridge wiki: https://www.noisebridge.net/wiki/Questions_for_EFF * Senior Staff Attorney Kevin Bankston Discusses Privacy Issues See Kevin at the Supernova Conference, at the San Francisco campus of the Wharton School of business. Kevin will be on a panel discussion of "Mobility and Location-Based Services" on Wednesday, December 2, at 4:30 pm. For more details: http://supernovahub.com/ See Kevin take part in a panel discussion on "What a New ECPA Should Regulate," on Friday, December 4, 3:00 pm at the University of Colorado at Boulder. For more details: http://www.silicon-flatirons.org/events.php?id=700 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Administrivia EFFector is published by: The Electronic Frontier Foundation http://www.eff.org/about Editor: Eva Galperin, Referral Coordinator eva@eff.org Membership & donation queries: membership@eff.org To support EFF: http://links.eff.org/emaildonate General EFF, legal, policy, or online resources queries: information@eff.org
