1. Our general views
on trusted computing are described in Trusted Computing: Promise and Risk,
which refers to LT features in general terms along with other trusted
2. If computer owners had a way to prove the identity of code they
were running, they could be punished for running disapproved code or for
concealing their choice of operating environments. Only features that
are at least potentially visible can be a basis for discrimination. There
is reason to believe that current attestation schemes are detrimental
to consumer welfare and that an environment in which they were ubiquitous
and ubiquitously used would tend to disadvantage consumers, by forcing
consumers to give up choice and control they enjoy today.
3. The approach Petitioners draw from Judge Posner’s dicta
would substitute a complicated, indeterminate economic balancing test
for the simple and direct Sony standard – that the provider of a
should not be held secondarily liable for infringing uses if the technology
is capable of substantial noninfringing uses. This Court should not reach
out to undo a precedent that has given so much good service, and is so
deeply rooted in copyright tradition.
4. Many vendors continue to express the view that they may, for business
reasons, prevent interoperability through legal or technical measures.
Regardless of their aspirations, they ultimately seem to lack the technical
means to enforce their vision of limited interoperability cost-eectively
on the PC platform.
5. Despite the prospect of an arms race between spyware and anti-spyware
programmers akin to the familiar arms race between virus and anti-virus
programmers, the current PC computing environment at least permits anti-spyware
developers to produce eective detection measures and countermeasures.
Spyware cannot readily conceal its presence or its transmissions of PII
from a knowledgeable researcher.
6. The presence of the channel is not itself secret, but the channel
achieves both condentiality and authentication against attacks from the
computer owner and other software such as anti-virus or anti-spyware software.
If the channel is disrupted, the program can deliberately shut down or
malfunction to punish the computer owner for blocking the channel.
7. At the same time, we recognize that many aspects of successful
policy implementation depend on software and hardware development from
third party providers whose implementations are outside Intel's direct
8. We have previously suggested the inclusion of an Owner Override
feature in trusted computing systems, to make sure that platforms are
not used against their owners' interests.
9. John Paul Hall and more than 60 domain name owners have been sued
by Ford Motor Co. for attempting to profit from domain names that include
the words Ford, Jaguar, Volvo or Aston Martin
10. When Ken Hamidi was fired by Intel, Mr. Hamidi responded by e-mailing
his side of the dispute to the Internal e-mail list. Intel sued to block
him, and won an injunction and judgment for trespass to chattels.
11. The case, called Intel v Hamidi, arises from six firmwide email messages
sent by Ken Hamidi during a two-year period to thousands of Intel employees
worldwide. The messages admittedly did no harm to Intel's computer systems
and caused no delays in its computer services. Intel's only claim of harm
was that the employees who read Hamidi's email were distracted or upset
or lost productivity.
12 As any lawyer will tell you, once you have received a valid federal
subpoena, your options are limited. The subpoenas obtained by the RIAA
are issued by a federal court automatically, without any lawsuit being
filed or even review by a judge.
13. This, thanks to an obscure provision included in the Digital
Millennium Copyright Act of 1998, which allows copyright owners to obtain
federal subpoenas by merely making allegations of infringement.
14. More stories on Xbox hacking
A Microsoft representative would not specify which additional security
measures, if any, have been added to Xbox Live around the Halo 2 launch.
Microsoft listens carefully to the Xbox Live community and reserves the
right to take steps necessary to preserve the integrity of the user experience,
the representative said in a statement.
15. Our goal is to provide our users with secure, consistent and
fair online game play. Users are not permitted to manipulate the system
to the detriment of others.
Los Angeles, California - EFF today announced that it will defend Ross
Plank of Playa Del Rey, California, against a wrongly filed complaint,
among the 261 copyright infringement lawsuits the recording industry has
filed against individuals.
The federal lawsuit filed against Plank in Los Angeles accuses him of
making hundreds of Latin songs available using KaZaA filesharing software
earlier this summer.
16. October 8, 2004
This is a case in which record companies and movie studios sued distributors
of peer-to-peer file-sharing computer networking software, alleging that
the companies should be held liable for copyright infringement resulting
from use of their software.
17. The Internet Archive is a public nonprofit Internet library,
created to offer public access to historical collections over the Internet.
Peer-to-peer file technologies are valuable tools for the Internet Archive,
allowing efficient and economical distribution to the public of its collections,
including growing quantities of large audio and video files.
18. Digital Rights Management or Digital Restrictions Management
DRM is an umbrella term for any of several arrangements which allows a
vendor of content in electronic form to control the material and restrict
its usage in various ways that can be specified by the vendor.
19. Typically the content is a copyrighted digital work to which
vendor holds rights. The actual arrangements are called technical protection
measures although the distinction between the two terms is not particularly
20. The flag’s proponents portray it as a narrow mandate that
will only prohibit illegal distribution of digital television content,
but in fact it will do much more:
21. 1. the flag will impose significant strictures and constraints
on the design of consumer-electronics and computer products — limitations
that will diminish interoperability between new products and old ones,
and that even pose interoperability problems among new devices;
22.2. the flag will limit what users can do with broadcast television
content to a significantly greater degree than they are limited now.
23. This is a civil action seeking injunctive relief for intentional
interference with contract; for copyright misuse; for damages for misrepresentation
of copyright claims under the Digital Millennium Copyright Act; and for
24. The inexpensive, ubiquitous publishing power of the Internet
has lowered the entry bar to the marketplace of ideas and transformed
millions of individuals and organizations into online publishers, joining
the traditional press in the preservation and realization of the democratic
aspirations of the First Amendment protection.
25. Among the new brand of publishers is defendant ProBush.com, whose
publication could potentially reach millions around the globe notwithstanding
its lack of substantial capital. The new medium enables ProBush.com to
freely express opinions on topics as central to a democratic society as
a citizen’s loyalty to the president, without having to resort to
the limited and expensive forums controlled by traditional media.
26. Amici believe that the ability of average citizens to put forth
their opinions without censorship or limitation based upon their financial
or other abilities is one of the greatest gifts of the digital age.
27. free speech is a fundamental human right, and that freedom of
the press is vital to an open, democratic society. The vast web of electronic
media that now connects us is heralding a new age of communications, a
new way to convey speech. New digital networks offer tremendous potential
to empower individuals in an ever overpowering world.
28. While some Internet publications are expressly offshoots of more
traditional media where expectations of more journalistic standards remain,
the vast majority are labors of love by individuals or groups of individuals
with no qualifications other than a strong passion for a particular topic.
29. The ProBush.com website is a perfect illustration of the adoption
by ordinary citizens of the Internet as a medium for speech. Using simple
and inexpensive technology, ProBush.com has created a soapbox from which
to trumpet its views to all who care to listen. Regardless of whether
those opinions are shared by this court, amici or anyone one else on the
planet, our Constitutional traditions require that they be protected from
overreaching claims that would not only silence ProBush.com, but chill
the millions of others who have embraced this new medium as a place where
they can have a voice of their own.
30. Individuals with a personal computer and access to the internet
began to offer digital copies of recordings for download by other users,
an activity known as file sharing, in the late 1990’s using a program
31. Although recording companies and music publishers successfully
obtained an injunction against Napster’s facilitating the sharing
of files containing copyrighted recordings, millions of people in the
United States and around the world continue to share digital .mp3 files
of copyrighted recordings using P2P computer programs such as KaZaA, Morpheus,
Grokster, and eDonkey.
32. Unlike Napster, which relied upon a centralized communication
architecture to identify the .mp3 files available for download, the current
generation of P2P file sharing programs allow an internet user to search
directly the .mp3 file libraries of other users; no web site is involved.
33. To date, owners of copyrights have not been able to stop the
use of these decentralized programs. The RIAA now has begun to direct
its anti-infringement efforts against individual users of P2P file sharing
34. In order to pursue apparent infringers the RIAA needs to be able
to identify the individuals who are sharing and trading files using P2P
programs. The RIAA can readily obtain the screen name of an individual
user, and using the Internet Protocol IP address associated with that
screen name, can trace the user to his ISP.
35. The RIAA has used the subpoena provisions of € 512h of the
Digital Millennium Copyright Act DMCA to compel ISPs to disclose the names
of subscribers whom the RIAA has reason to believe are infringing its
members’ copyrights. Some ISPs have complied with the RIAA’s
€ 512h subpoenas and identified the names of the subscribers sought
by the RIAA.
36. The RIAA has sent letters to and filed lawsuits against several
hundred such individuals, each of whom allegedly made available for download
by other users hundreds or in some cases even thousands of .mp3 files
of copyrighted recordings. Verizon refused to comply with and instead
has challenged the validity of the two subpoenas it has received.
37. On July 24, 2002 the RIAA served Verizon with a subpoena issued
pursuant to, seeking the identity of a subscriber whom the RIAA believed
to be engaged in infringing activity. The subpoena was for ‘‘information
sufficient to identify the alleged infringer of the sound recordings described
in the attached notification.''
38. The ''notification of claimed infringement'' identified the IP
address of the subscriber and about 800 sound files he offered for trading;
expressed the RIAA’s ''good faith belief '' the file sharing activity
of Verizon’s subscriber constituted infringement of its members’
copyrights; and asked for Verizon’s ''immediate assistance in stopping
this unauthorized activity.''’ ''Specifically, we request that you
remove or disable access to the infringing sound files via your system.''
39. Quite apart from the important privacy and personal security
issues at stake, the right to engage in anonymous speech is guaranteed
by the First Amendment. That the speech at issue here is alleged to constitute
copyright infringement does not matter. The subpoenas were issued before
any determination had been made that the speech actually constituted copyright
infringement or that it is even reasonably likely to be held to be infringing.
40. Independent artists have profited from open distribution, developing
audiences in the face of competition and a tightly-controlled market.
G-Man, a hitherto unknown musician, received glowing reviews, club exposure,
a record deal and awards, after authorizing open distribution of his recordings.
41. The purpose and character of the use is to inform public discussion
and political debate on a matter core to American democracy, the functioning
of our electoral system;
b. The nature of the work is factual;
c. The archive does not embody any substantial expressive work and is
necessary in the aggregate for purposes of commentary and criticism;
d. The publication of the e-mail archive does not compete with Diebold
in any current or potential market.