wessman
October 5th, 2002, 06:33 AM
* Hollywood Slams Electronic Frontier Foundation
Tries to Limit Legal Representation in ReplayTV Case
Los Angeles - Electronic Frontier Foundation (EFF) attorneys
yesterday rejected an attempt by Hollywood entertainment companies to
prevent access to critical court documents in a case involving the
rights of five ReplayTV owners.
Craig Newmark of craigslist.org, and four other ReplayTV customers,
are suing the companies to clarify their rights to record television
programs and to skip commercials using digital video recorders
(DVRs). Hollywood representatives have publicly stated that skipping
commercials is "stealing."
The current dispute arises from the entertainment companies' attempt
to deny the ReplayTV owners effective representation from EFF, their
chosen counsel.
The entertainment companies are seeking a broad court order
prohibiting EFF attorneys from reviewing -- or using in any way
during the case -- the vast majority of the documents the court has
ordered the companies to provide as part of the usual legal discovery
process. The companies claim that EFF is a "competitor" with
Hollywood because of public statements about copyright law policy and
advocacy to Congress on pending and current technology legislation,
including the proposed Consumer Broadband Digital Television
Promotion Act.
"If EFF's advocacy on behalf of consumers hurts Hollywood, it's only
because it convinces Congress and the public not to pass laws that
Hollywood favors," said EFF Legal Director Cindy Cohn. "This is about
the marketplace of ideas, not commercial competition."
"Apart from the obvious harm this ruling would have on the five
ReplayTV owners in this case, a rash decision here could have much
broader consequences," noted EFF Staff Attorney Gwen Hinze. "If the
court restricts EFF's representation in this case on the basis of its
other speech activities, the court will set a disturbing precedent
that could apply to other public interest law organizations and even
to commercial attorneys who speak to the press and Congress about the
issues involved in their cases."
The court hearing on the request is scheduled for 9:00am PDT on
October 15, 2002, before Magistrate Judge Charles F. Eick in the
Central District of California, Court Room 20, 3rd Floor, 312 N.
Spring Street, Los Angeles.
Links:
For this release:
http://www.eff.org/Cases/Newmark_v_Turner/20021003_eff_pr.html
Most recent court filing in Newmark v. Turner case:
http://www.eff.org/Cases/Newmark_v_Turner/
20021002_joint_stipulation_documents.html
Other documents related to Newmark v. Turner case:
http://www.eff.org/Cases/Newmark_v_Turner/
Location of Newmark v. Turner court hearing:
http://www.cacd.uscourts.gov/cacd/CourtInfo.nsf/
c755da45cb6a17bc882567d10055026e/
fb17db7d346de192882567d100550d07?OpenDocument
For more information on the entertainment industry's suit:
http://www.eff.org/IP/Video/Paramount_v_ReplayTV/
EFF Fair Use FAQ:
http://www.eff.org/IP/eff_fair_use_faq.html
\____________________________-end-____________________________/
* Electronic Frontier Foundation Supports Digital Media Bills
Legislation Balances Copyright Owner and Consumer Rights
San Francisco - The Electronic Frontier Foundation (EFF) supports new
legislation from Rep. Rick Boucher and Rep. Zoe Lofgren regarding
copyright issues in the digital realm.
Here are specific statements from EFF related to the newly proposed
legislation:
On Boucher's bill:
EFF strongly supports Rep. Boucher's Digital Media Consumers' Rights
Act of 2002.
The bill's CD labeling provisions will make certain that consumers
know what they are getting when they buy music CDs. If record labels
choose to sell "copy protected" CDs that offer consumers less for
their money than the CDs they are accustomed to, these dysfunctional
CDs should, at a minimum, be prominently labeled.
The bill also amends the DMCA to make it clear that technological
protections should not trump the public's traditional fair use rights
under copyright law. Since the DMCA's passage in 1998, it has been
used not against copyright pirates, but instead to chill the
legitimate activities of scientists, journalists, and computer
programmers. Rep. Boucher's bill will go a long way toward restoring
in the digital world the traditional balance between the rights of
the public and those of copyright owners.
EFF strongly supports the Digital Media Consumers' Rights Act of 2002
and will encourage its 7,000+ members, as well as the 27,000
supporters who receive its weekly newsletter, to support it as well.
On Lofgren's bill:
"EFF welcomes Rep. Lofgren's bill as an important step toward
creating a fair and balanced copyright law for the digital age."
Links:
For this release:
http://www.eff.org/IP/DMCA/20021003_eff_pr.html
For more information on the Digital Media Consumers' Rights Act:
http://www.house.gov/boucher/internet.htm
Press release from Rep. Lofgren on "Digital Choice and Freedom Act of
2002" (H.R. 5522):
http://www.house.gov/lofgren/press/107press/021002_release.htm
\____________________________-end-____________________________/
* Internet Community Supports Verizon's User Privacy Defense
Recording Industry Tries to Subvert Online User Rights
Washington, D.C. - The Recording Industry Association of America
(RIAA) recently tried to subvert the legal process and trounce on the
privacy rights of Internet users by invoking an invalid subpoena on
an Internet Service Provider (ISP). The subpoena sought to turn over
user information of an individual allegedly engaged in peer-to-peer
(P2P) file sharing. The ISP - Verizon Online - refused to comply with
the subpoena and the RIAA recently sued to enforce the subpoena.
The Electronic Frontier Foundation (EFF) filed the first amicus brief
in the matter in defense of the privacy of Internet users. Other
industry and consumer groups followed suit.
On Friday, Oct. 4, oral arguments will be heard at 9:30 AM at
Courtroom 21 (4th Floor) in the United States District Court for the
District of Columbia. Members of the Internet user community and
providers of Internet service, including parties who filed briefs in
the case, will present their views on what will be the first case of
its kind in this exclusive briefing. This case is about personal
privacy, but it also raises important First Amendment and due process
issues affecting all Internet users.
Links:
For this advisory:
http://www.eff.org/Cases/RIAA_v_Verizon/20021001_eff_pr.html :sw
Tries to Limit Legal Representation in ReplayTV Case
Los Angeles - Electronic Frontier Foundation (EFF) attorneys
yesterday rejected an attempt by Hollywood entertainment companies to
prevent access to critical court documents in a case involving the
rights of five ReplayTV owners.
Craig Newmark of craigslist.org, and four other ReplayTV customers,
are suing the companies to clarify their rights to record television
programs and to skip commercials using digital video recorders
(DVRs). Hollywood representatives have publicly stated that skipping
commercials is "stealing."
The current dispute arises from the entertainment companies' attempt
to deny the ReplayTV owners effective representation from EFF, their
chosen counsel.
The entertainment companies are seeking a broad court order
prohibiting EFF attorneys from reviewing -- or using in any way
during the case -- the vast majority of the documents the court has
ordered the companies to provide as part of the usual legal discovery
process. The companies claim that EFF is a "competitor" with
Hollywood because of public statements about copyright law policy and
advocacy to Congress on pending and current technology legislation,
including the proposed Consumer Broadband Digital Television
Promotion Act.
"If EFF's advocacy on behalf of consumers hurts Hollywood, it's only
because it convinces Congress and the public not to pass laws that
Hollywood favors," said EFF Legal Director Cindy Cohn. "This is about
the marketplace of ideas, not commercial competition."
"Apart from the obvious harm this ruling would have on the five
ReplayTV owners in this case, a rash decision here could have much
broader consequences," noted EFF Staff Attorney Gwen Hinze. "If the
court restricts EFF's representation in this case on the basis of its
other speech activities, the court will set a disturbing precedent
that could apply to other public interest law organizations and even
to commercial attorneys who speak to the press and Congress about the
issues involved in their cases."
The court hearing on the request is scheduled for 9:00am PDT on
October 15, 2002, before Magistrate Judge Charles F. Eick in the
Central District of California, Court Room 20, 3rd Floor, 312 N.
Spring Street, Los Angeles.
Links:
For this release:
http://www.eff.org/Cases/Newmark_v_Turner/20021003_eff_pr.html
Most recent court filing in Newmark v. Turner case:
http://www.eff.org/Cases/Newmark_v_Turner/
20021002_joint_stipulation_documents.html
Other documents related to Newmark v. Turner case:
http://www.eff.org/Cases/Newmark_v_Turner/
Location of Newmark v. Turner court hearing:
http://www.cacd.uscourts.gov/cacd/CourtInfo.nsf/
c755da45cb6a17bc882567d10055026e/
fb17db7d346de192882567d100550d07?OpenDocument
For more information on the entertainment industry's suit:
http://www.eff.org/IP/Video/Paramount_v_ReplayTV/
EFF Fair Use FAQ:
http://www.eff.org/IP/eff_fair_use_faq.html
\____________________________-end-____________________________/
* Electronic Frontier Foundation Supports Digital Media Bills
Legislation Balances Copyright Owner and Consumer Rights
San Francisco - The Electronic Frontier Foundation (EFF) supports new
legislation from Rep. Rick Boucher and Rep. Zoe Lofgren regarding
copyright issues in the digital realm.
Here are specific statements from EFF related to the newly proposed
legislation:
On Boucher's bill:
EFF strongly supports Rep. Boucher's Digital Media Consumers' Rights
Act of 2002.
The bill's CD labeling provisions will make certain that consumers
know what they are getting when they buy music CDs. If record labels
choose to sell "copy protected" CDs that offer consumers less for
their money than the CDs they are accustomed to, these dysfunctional
CDs should, at a minimum, be prominently labeled.
The bill also amends the DMCA to make it clear that technological
protections should not trump the public's traditional fair use rights
under copyright law. Since the DMCA's passage in 1998, it has been
used not against copyright pirates, but instead to chill the
legitimate activities of scientists, journalists, and computer
programmers. Rep. Boucher's bill will go a long way toward restoring
in the digital world the traditional balance between the rights of
the public and those of copyright owners.
EFF strongly supports the Digital Media Consumers' Rights Act of 2002
and will encourage its 7,000+ members, as well as the 27,000
supporters who receive its weekly newsletter, to support it as well.
On Lofgren's bill:
"EFF welcomes Rep. Lofgren's bill as an important step toward
creating a fair and balanced copyright law for the digital age."
Links:
For this release:
http://www.eff.org/IP/DMCA/20021003_eff_pr.html
For more information on the Digital Media Consumers' Rights Act:
http://www.house.gov/boucher/internet.htm
Press release from Rep. Lofgren on "Digital Choice and Freedom Act of
2002" (H.R. 5522):
http://www.house.gov/lofgren/press/107press/021002_release.htm
\____________________________-end-____________________________/
* Internet Community Supports Verizon's User Privacy Defense
Recording Industry Tries to Subvert Online User Rights
Washington, D.C. - The Recording Industry Association of America
(RIAA) recently tried to subvert the legal process and trounce on the
privacy rights of Internet users by invoking an invalid subpoena on
an Internet Service Provider (ISP). The subpoena sought to turn over
user information of an individual allegedly engaged in peer-to-peer
(P2P) file sharing. The ISP - Verizon Online - refused to comply with
the subpoena and the RIAA recently sued to enforce the subpoena.
The Electronic Frontier Foundation (EFF) filed the first amicus brief
in the matter in defense of the privacy of Internet users. Other
industry and consumer groups followed suit.
On Friday, Oct. 4, oral arguments will be heard at 9:30 AM at
Courtroom 21 (4th Floor) in the United States District Court for the
District of Columbia. Members of the Internet user community and
providers of Internet service, including parties who filed briefs in
the case, will present their views on what will be the first case of
its kind in this exclusive briefing. This case is about personal
privacy, but it also raises important First Amendment and due process
issues affecting all Internet users.
Links:
For this advisory:
http://www.eff.org/Cases/RIAA_v_Verizon/20021001_eff_pr.html :sw