Return-Path: <sentto-279987-3972-1007015435-fc=all.net@returns.groups.yahoo.com> Delivered-To: fc@all.net Received: from 204.181.12.215 [204.181.12.215] by localhost with POP3 (fetchmail-5.7.4) for fc@localhost (single-drop); Wed, 28 Nov 2001 22:33:08 -0800 (PST) Received: (qmail 24099 invoked by uid 510); 29 Nov 2001 06:31:06 -0000 Received: from n30.groups.yahoo.com (216.115.96.80) by all.net with SMTP; 29 Nov 2001 06:31:06 -0000 X-eGroups-Return: sentto-279987-3972-1007015435-fc=all.net@returns.groups.yahoo.com Received: from [10.1.4.54] by n30.groups.yahoo.com with NNFMP; 29 Nov 2001 06:30:40 -0000 X-Sender: fc@red.all.net X-Apparently-To: iwar@onelist.com Received: (EGP: mail-8_0_0_1); 29 Nov 2001 06:30:35 -0000 Received: (qmail 64485 invoked from network); 29 Nov 2001 06:30:34 -0000 Received: from unknown (216.115.97.171) by m10.grp.snv.yahoo.com with QMQP; 29 Nov 2001 06:30:34 -0000 Received: from unknown (HELO red.all.net) (65.0.156.78) by mta3.grp.snv.yahoo.com with SMTP; 29 Nov 2001 06:30:36 -0000 Received: (from fc@localhost) by red.all.net (8.11.2/8.11.2) id fAT6WSn07016 for iwar@onelist.com; Wed, 28 Nov 2001 22:32:28 -0800 Message-Id: <200111290632.fAT6WSn07016@red.all.net> To: iwar@onelist.com (Information Warfare Mailing List) Organization: I'm not allowed to say X-Mailer: don't even ask X-Mailer: ELM [version 2.5 PL3] From: Fred Cohen <fc@all.net> X-Yahoo-Profile: fcallnet Mailing-List: list iwar@yahoogroups.com; contact iwar-owner@yahoogroups.com Delivered-To: mailing list iwar@yahoogroups.com Precedence: bulk List-Unsubscribe: <mailto:iwar-unsubscribe@yahoogroups.com> Date: Wed, 28 Nov 2001 22:32:28 -0800 (PST) Reply-To: iwar@yahoogroups.com Subject: [iwar] [fc:Judge.Denies.Scientists'.Free.Speech.Rights] Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 7bit Electronic Frontier Foundation Media Release For Immediate Release: November 28, 2001 Contacts: Robin Gross Intellectual Property Attorney Electronic Frontier Foundation <a href="mailto:robin@eff.org?Subject=Re:%20(ai)%20Federal%20judge%20throws%20out%20EFF-Felten%20lawsuit%20challenging%20DMCA%2526In-Reply-To=%2526lt;B82AEBF9.1DD2B%25rforno@infowarrior.org">robin@eff.org</a> +1 415-637-5310 (cell) Cindy Cohn Legal Director Electronic Frontier Foundation <a href="mailto:cindy@eff.org?Subject=Re:%20(ai)%20Federal%20judge%20throws%20out%20EFF-Felten%20lawsuit%20challenging%20DMCA%2526In-Reply-To=%2526lt;B82AEBF9.1DD2B%25rforno@infowarrior.org">cindy@eff.org</a> +1 415 436-9333 x108 (office) Judge Denies Scientists' Free Speech Rights Electronic Frontier Foundation Argues Digital Music Case Trenton, NJ - The Electronic Frontier Foundation (EFF) today represented a team led by Princeton Professor Ed Felten in the first skirmish of a case challenging the Digital Millennium Copyright Act (DMCA). Without addressing important First Amendment considerations and after less than 25 minutes of debate, a plainly hostile Judge Garrett Brown of the Federal District Court in Trenton, New Jersey, dismissed the case. EFF intends to appeal. "This judge apparently believes that the fact that hundreds of scientists are currently afraid to publish their work and that scientific conferences are relocating overseas isn't a problem," noted Robin Gross, EFF Intellectual Property Attorney. "This decision is clearly contrary to settled First Amendment law, and we're confident that the 3rd Circuit Court will reverse it on appeal." The court granted two separate motions to dismiss the case, one brought by the Department of Justice (DOJ) and the second by private defendants led by the Recording Industry Association of America (RIAA). "Since the government and industry could not even agree on what the DMCA means, it is not surprising that scientists and researchers are deciding not to publish research for fear of prosecution under the DMCA," said EFF Legal Director Cindy Cohn. "Scientists should not have to ask permission from the entertainment industry before publishing their work." Professor Felten and a team of researchers from Princeton University, Rice University, and Xerox discovered that digital watermark technology under development to protect music sold by the recording industry has significant security vulnerabilities. The recording industry, represented by the Recording Industry Association of America (RIAA) and the Secure Digital Music Initiative (SDMI) Foundation, threatened to file suit in April 2001 if Felten and his team published their research at a conference. They subsequently issued a press release denying having threatened the researchers. On behalf of the research team, EFF then filed a lawsuit seeking a clear determination that publication and presentation of this and other related research is speech protected under the US Constitution both at this conference and at other conferences in the future. Together with USENIX, an association of over 10,000 technologists that publishes such scientific research, Princeton Professor Edward Felten and his research team had asked the court to declare that they have a First Amendment right to discuss and publish their work, even if it may discuss weaknesses in the technological systems used to control digital music. The DMCA, passed in 1998, outlaws providing technology and information that can be used to gain access to a copyrighted work. For all of the motions and declarations in the case: <a href="http://www.eff.org/sc/felten/">http://www.eff.org/sc/felten/> ------------------------ Yahoo! Groups Sponsor ---------------------~--> Need new boots for winter? 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This archive was generated by hypermail 2.1.2 : 2001-12-31 20:59:59 PST