[ba-unrev-talk] Fw:[DOWNLOADTHIS] Cyber Law Newsletter with Andrew Zangrilli, Esq. - Tue., May 14, 2002
Plenty of matter relating to digital intellectual property rights below.
And a case concerning deep linking that could kill purple numbered
paragraph linking.
--
Peter
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From: "FindLaw.com" <listadmin@LEGALMINDS.ORG>
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Sent: Tuesday, May 14, 2002 10:35 PM
Subject: [DOWNLOADTHIS] Cyber Law Newsletter with Andrew Zangrilli,
Esq. - Tue., May 14, 2002 (01)
>
=======================================================================
> FindLaw's DOWNLOAD THIS! Edited by Andrew Zangrilli, Esq.
> A Weekly Newsletter Covering Law and the Internet
> http://my.findlaw.com
>
=======================================================================
> May 14, 2002
> Issue # 85
>
> IN THIS ISSUE:
>
> * NEW AND NOTEWORTHY
> Court Upholds Part Of Web Smut Law
> Judge Lets Net Copyright Case Proceed
> Sonicblue Balks At Court Order
> Microsoft Presents Last Witness
> Copies Of 'Star Wars' Sequel Online
> Another Run To A Deep-Link Suit
>
> * INTERNATIONAL DEVELOPMENTS
> Name System For Internet Shuts Down
>
> * HACKER NATION
> MSN Messenger Vulnerable to Hackers
> Kansas Teen Sentenced After Hackings
> Microsoft: Info Could Aid Hackers
> Vulnerability Is Discovered In Security For Smart Cards
>
> * WEB TRENDS
> A New Direction For Intellectual Property
>
> * CASE SUMMARIES
> US v. Bender
> Ashcroft v. Amer. Civil Liberties Union
>
> * FEEDBACK
>
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>
> COURT UPHOLDS PART OF WEB SMUT LAW
> Associated Press
>
> The Supreme Court partly upheld a law intended to shield children from
> online smut, but said there are unresolved free speech questions that
> prevent the law from taking effect now. The American Civil Liberties
> Union had challenged the law as unconstitutional, claiming that in
> protecting children the Child Online Protection Act also violates the
> rights of adults to see or buy what they want on the Internet. A
divided
> Supreme Court said that the law's use of what it calls "community
> standards" to define what is harmful to children does not by itself
make
> the law unconstitutional, as a lower federal appeals court ruled.
>
> http://news.findlaw.com/ap/a/w/1154/5-13-2002/20020513081502_35.html
>
> Read The Opinion (Ashcroft v. ACLU)
> http://laws.findlaw.com/us/000/00-1293.html
>
> ----------------------------------------------------------------------
--
>
> JUDGE LETS NET COPYRIGHT CASE PROCEED
> Associated Press
>
> A federal judge ruled Wednesday that the first criminal case under the
> Digital Millennium Copyright Act can proceed to trial, dismissing
claims
> that the 1998 law is unconstitutional. Attorneys for ElcomSoft Co.
Ltd.
> of Russia had called the law overly broad and vague and asked that
> charges be dropped against the company, which sold a program that
> circumvented copyright protections in electronic book software made by
> Adobe Systems Inc. Such programs are legal in Russia but banned by the
> Digital Millennium Copyright Act. U.S. District Court Judge Ronald M.
> Whyte ruled that the law contains vital restrictions for the digital
age
> and does not, as its opponents suggest, eliminate the traditional
notion
> of "fair use" for consumers found in copyright law.
>
> [Copy and paste link into browser]
>
http://news.findlaw.com/ap/ht/1700/5-8-2002/200205081020909609_02-24.htm
l
>
> A Summary of the New Digital Millennium Copyright Act
> http://www.lawhost.com/lawjournal/99winter/digital.html
> ----------------------------------------------------------------------
-
>
> SONICBLUE BALKS AT COURT ORDER
> Wired
>
> Sonicblue Inc. moved on Monday to overturn a court order for it to spy
> on users of its digital recording devices and share detailed viewing
> data with major studios and television networks, saying the order
would
> violate privacy rights. Santa Clara-based Sonicblue called the May 2
> order from Central District Court Magistrate Charles Eick
"breathtaking
> and unprecedented" and said the directive to track what television
> viewers watch "violates consumers' privacy rights, including those
> guaranteed by the First and Fourth Amendments." The plaintiffs in the
> case, including film studios Paramount, Universal, The Walt Disney Co.
> and Metro- Goldwyn-Mayer, as well as TV networks CBS, ABC and NBC,
have
> argued they need the data, including details on what commercials
viewers
> skip and what files they transfer across the Internet, to build their
> copyright infringement case against Sonicblue.
>
> http://www.wired.com/news/politics/0,1283,52498,00.html
> ----------------------------------------------------------------------
-
>
> MICROSOFT PRESENTS LAST WITNESS
> Associated Press
>
> Microsoft on Friday finished with its final witness in its antitrust
> trial, and one of its lead attorneys said the software maker had
proven
> that tougher penalties sought by nine states were "draconian and
> unfair." An attorney for the states, Tom Greene, countered that the
> company was trying to scare U.S. District Judge Colleen Kollar-Kotelly
> with arguments that forcing changes to the flagship Windows software
> would hurt computer users and the industry as a whole.
>
> http://news.findlaw.com/ap/ht/1700/5-13-2002/20020513050003_06.html
>
> Browse Microsoft Legal News, Documents, and Investigations
> http://news.findlaw.com/legalnews/lit/microsoft/index.html
> ----------------------------------------------------------------------
-
>
> COPIES OF 'STAR WARS' SEQUEL ONLINE
> Associated Press
>
> A week before its scheduled release, illegal copies of "Star Wars:
> Episode II - Attack of the Clones" are already appearing on the
> Internet. One copy of the movie making the rounds online appears to
have
> been recorded at a private showing, using a tripod-mounted digital
> camcorder pointed at the screen, the Los Angeles Times reported
Friday.
> Another copy apparently used a more sophisticated version of the same
> technique. Both were distributed via Internet Relay Chat, a computer
> protocol that allows users to copy files at high speed from other
> computers on different networks.
>
> http://news.findlaw.com/ap/ht/1700/5-11-2002/20020511134501_15.html
>
> Visit FindLaw's Intellectual Property News Center
> http://news.findlaw.com/legalnews/scitech/ip/index.html
> ----------------------------------------------------------------------
-
>
> ANOTHER RUN TO A DEEP-LINK SUIT
> Wired
>
> Add a major magazine publisher to the ranks of websites peeved about
> "deep links" to their articles. Rodale Press, the publisher of
Runner's
> World magazine and many other prominent health-oriented publications,
> sent a stiff note to a hobbyist website this week, demanding it delete
a
> hyperlink to a "printer-friendly" version of a runnersworld.com
article
> or -- face the consequences. . . Deep links point to specific
sub-pages
> on a website, allowing readers to bypass the site's home page, and,
> occasionally, avoid seeing some advertisements. No U.S. court has ever
> restricted deep-linking of the type at issue here, and most copyright
> specialists believe the practice does not violate intellectual
property
> laws. If deep-linking could be legally restricted by publishers, it
> would roil the Internet industry and call into question the future of
> search engines like Google and directory services such as those
operated
> by Yahoo and Lycos. . .
>
> http://www.wired.com/news/ebiz/0,1272,52514,00.html
>
> FindLaw's Cyberspace And Internet Law Discussion Board
> http://boards.lp.findlaw.com/cgi-bin/WebX.fcgi?13@@.ee6b3ac
>
>
> ----------------------------------------------------------------------
-
> INTERNATIONAL DEVELOPMENTS
> ----------------------------------------------------------------------
-
>
> NAME SYSTEM FOR INTERNET SHUTS DOWN
> Associated Press
>
> RealNames Corp. is shutting its alternative naming system for the
> Internet after Microsoft Corp. decided to stop incorporating the
system
> in its Internet Explorer browsers. The decision means that users who
had
> reached certain Web sites through shortcuts from RealNames would need
to
> type in the full address or use a search engine. Users who had typed
in
> Chinese or Japanese addresses may find their sites unreachable. . .
The
> biggest impact may be on non-English users who had relied on RealNames
> to link foreign language keywords with Web addresses that use English
> characters understood by the Internet domain name system.
>
> http://news.findlaw.com/ap/ht/1700/5-13-2002/20020513141502_34.html
>
>
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> ----------------------------------------------------------------------
-
> HACKER NATION
> ----------------------------------------------------------------------
-
>
> MSN MESSENGER VULNERABLE TO HACKERS
> Associated Press
>
> Users of the latest versions of Microsoft's popular MSN Messenger
> program are vulnerable to computer hackers, the company warned on
> Wednesday. The "critical" flaw in the Internet-based program, which
has
> millions of users, is the latest serious security flaw to be
discovered
> in a program from the world's dominant software company. Microsoft
said
> hackers could exploit the vulnerability to run their own malicious
> commands on a user's computer.
>
> [Copy and paste link into browser]
>
http://news.findlaw.com/ap/ht/1700/5-8-2002/200205081020909610_07-24.htm
l
> ----------------------------------------------------------------------
-
>
> KANSAS TEEN SENTENCED AFTER HACKINGS
> Newsbytes
>
> A Kansas teenager has pleaded guilty to hacking the official Web site
of
> Stockton, Calif. and telling city officials he would secure it if they
> gave him a laptop computer. Matthew Kroeker, 18, was sentenced to
serve
> two years probation and pay at least $18,000 restitution, his attorney
> Kevin Moriarty told Newsbytes. Kroeker pleaded guilty to four felony
> counts of computer crime in Johnson County District Court last week.
>
> http://www.newsbytes.com/news/02/176526.html
>
> FindLaw's Computer Crime Publications
> [Copy and paste link into browser]
>
http://www.findlaw.com/01topics/10cyberspace/computercrimes/publications
.html
> ----------------------------------------------------------------------
-
>
> MICROSOFT: INFO COULD AID HACKERS
> Associated Press
>
> Hackers, virus writers and software pirates could run rampant if
> Microsoft disclosed the technical product information that nine states
> have requested as an antitrust penalty, a company executive says. Jim
> Allchin, who oversees the Windows operating system, said that
> disclosures sought by the states "would make it easier for hackers to
> break into computer networks, for malicious individuals or
organizations
> to spread destructive computer viruses and for unethical people to
> pirate" Microsoft's flagship software.
>
> [Copy and paste link into browser]
>
http://news.findlaw.com/ap/ht/1700/5-8-2002/200205081020859201_02-13.htm
l
> ----------------------------------------------------------------------
-
>
> VULNERABILITY IS DISCOVERED IN SECURITY FOR SMART CARDS
> New York Times
>
> Two University of Cambridge computer security researchers plan to
> describe on Monday an ingenious and inexpensive attack that employs a
> $30 camera flashgun and a microscope to extract secret information
> contained in widely used smart cards. The newly discovered
vulnerability
> is reason for alarm, the researchers said, because it could make it
> cost-effective for a criminal to steal information from the cards.
>
> [Sign-in and Cookies Required]
> http://www.nytimes.com/2002/05/13/technology/13SMAR.html
>
>
>
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> ----------------------------------------------------------------------
-
> WEB TRENDS
> ----------------------------------------------------------------------
-
>
> A NEW DIRECTION FOR INTELLECTUAL PROPERTY
> New York Times
>
> Perceiving an overly zealous culture of copyright protection, a group
of
> law and technology scholars are setting up Creative Commons, a
nonprofit
> company that will develop ways for artists, writers and others to
easily
> designate their work as freely shareable. The firm's founders argue
that
> the expansion of legal protection for intellectual property, like a
1998
> law extending the term of copyright by 20 years, could inhibit
> creativity and innovation. But the main focus of Creative Commons will
> be on clearly identifying the material that is meant to be shared. The
> idea is that making it easier to place material in the public domain
> will in itself encourage more people to do so. The firm's first
project
> is to design a set of licenses stating the terms under which a given
> work can be copied and used by others. Musicians who want to build an
> audience, for instance, might permit people to copy songs for
> noncommercial use. Graphic designers might allow unlimited copying of
> certain work as long as it is credited.
>
> [Sign-in and Cookies Required]
> http://www.nytimes.com/2002/05/13/technology/13FREE.html
>
>
> ----------------------------------------------------------------------
-
> CASE SUMMARIES
> ----------------------------------------------------------------------
-
>
> Don't miss out! Sign up to get all of FindLaw's free weekly
Intellectual
> Property Law opinion summaries at: http://newsletters.findlaw.com
>
>
> US v. BENDER, No. 00-16094 (11th Cir. May 8, 2002)
>
> Sentence enhancements were proper after convictions related to child
> pornography, where 1) evidence showed that appellant was more than a
> mere possessor of pornography (but also received and transmitted such
> material), 2) images of acts which would have been painful to a minor
> child amounted to material portraying "sadistic" conduct, and 3)
> appellant's trading of child pornography in exchange for other child
> pornography equaled "distribution for gain."
>
> http://laws.lp.findlaw.com/11th/0016094opn.html
> ----------------------------------------------------------------------
-
>
> ASHCROFT v. AMER. CIVIL LIBERTIES UNION, No. 00-1293 (U.S.S.C. May 13,
> 2002)
>
> The Child Online Protection Act's (COPA) use of "community standards"
to
> identify what material "is harmful to minors" does not by itself
render
> the COPA statute substantially overbroad under the First Amendment.
>
> http://laws.lp.findlaw.com/us/000/001293.html
>
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