EFFector       Vol. 13, No. 1       Jan. 25, 2000       [email protected]

  A Publication of the Electronic Frontier Foundation     ISSN 1062-9424

 IN THE 149th ISSUE OF EFFECTOR (now with over 21,000 subscribers!):

    * MPAA Continues Intimidation Campaign Against Open Source Software
      Community
         + Police Raid Home of Norwegian Linux Coder
         + WHAT YOU CAN DO
         + Links to More Information
    * Administrivia

  For more information on EFF activities & alerts: http://www.eff.org
    _________________________________________________________________


MPAA Continues Intimidation Campaign Against Open Source Software Community

 Police Raid Home of Norwegian Linux Coder

  The home of sixteen-year-old Jon Johansen, who was among the first to
  post the DeCSS program that allows users to view DVDs on computers
  using non-Windows or Macintosh operating systems, was raided yesterday
  in Larvik, Norway and his computer and cellular telephone seized by
  police.

  The police were acting at the behest of the motion picture industry as
  part of the industry's attempt to suppress discussion and distribution
  of DVD-viewing software developed outside of the industry's licensing
  regime to prevent the free availability of such software.

  Both Johansen and his father, who operated the website on which the
  teen posted the code, were questioned at length by the police and have
  been threatened with indictment for posting the code, which the motion
  picture industry dubiously claims was created illegally and promotes
  piracy. Legal analysis of Norwegian copyright and computer crime laws
  suggests the charges would not stick; the action appears intended to
  harass and frighten.

  This action is in addition to three lawsuits filed by the Motion
  Picture Association of America and the DVD Content Control Association
  and their overlapping membership, in California, New York and
  Connecticut against numerous individuals and organizations including
  coders, journalists and an ISP. EFF's legal staff, aided by some of
  the nation's top attorneys in copyright law, are vigorously defending
  those named in the suits, to support the rights of individuals to
  legally develop, post, and discuss software.

  "The motion picture industry is using its substantial resources to
  intimidate the technical community into surrendering their rights of
  free expression and fair use of information", said Tara Lemmey,
  President of the Electronic Frontier Foundation. "These actions are a
  wake-up call for the open-source software community. The process of
  reverse-engineering and public posting and commenting of code that the
  MPAA is attempting to suppress is fundamental to the development of
  open source software as well as being constitutionally-protected
  speech."

  EFF plans to assist the Johansen family and has already contacted
  several experts in European copyright law to involve them in the case.

  For more information and background material on the MPAA/DVDCCA
  crusade to censor free speech and innovation under the smokescreen of
  preventing piracy, visit EFF's Campaign for Audiovisual Free
  Expression ( http://www.eff.org/cafe ) or follow some of the links
  below.



   WHAT YOU CAN DO

  Support EFF by making a special donation. The movie industry is
  clearly trying to spread us thin and make us expend all our resources.
  They've filed three lawsuits, generated one bogus criminal
  investigation, and will almost certainly do more -- hoping to spend us
  out of the way. Please don't let that happen. EFF is the only
  organization fighting this legal battle against big money and
  corporate arrogance. We need your help! You can make a donation via
  our secure Web site (just fill in the donation section of our
  membership form, and please become a member, too!) You can also send a
  check, or even donate stock. Membership/donation form (Visa, MC,
  AmEx):
  https://www.eff.org/join

  Contact info for postal or telephoned donations, and stock donations:
     Electronic Frontier Foundation
     attn: Kathleen Guneratne, Membership Coordinator
     1550 Bryant St., Suite 275
     San Francisco CA 94103-4832 USA
     +1 415 436 9333 x0

  PGP Key for encrypted donations via e-mail (send to
  [email protected]):
  http://www.eff.org/pub/EFF/effkey.pgp

  Were working on other ways for members and supporters to get involved
  -- we'll send out another edition of EFFector and feature it on our
  website as well.

  Thanks for your help and support.



   Links to More Information

  EFF's Campaign for Audiovisual Free Expression (CAFE)
  http://www.eff.org/cafe

  Coverage in Norwegian Press (in English):
  http://www.aftenposten.no/english/local/d121152.htm

  EFF press release regarding related NY, CT cases:
  http://www.eff.org/ip/Video/MPAA_DVD_cases/20000120_eff_press_release.html

  CNN coverage of injunction granted in NY case:
  http://www.cnn.com/2000/TECH/ptech/01/21/dvd.hacking.reut/index.html

  Wired News coverage of NY case:
  http://www.wired.com/news/politics/0,1283,33816,00.html

  General info on the open source community and DVD:
  http://www.opendvd.org/

  EFF's archives on the DVD cases:
  http://www.eff.org/IP/Video

  Full text of injunction order granted in related CA case:
  http://www.eff.org/ip/Video/MPAA_DVD_cases/20000120_pi_order.html

  San Jose Mercury News coverage of denial of industry request for
  temporary restraining order in CA case:
  http://weblog.mercurycenter.com/ejournal/1999/12/29

  NY Times coverage of CA case being filed:
  http://www.nytimes.com/library/tech/yr/mo/cyber/cyberlaw/07law.html

    _________________________________________________________________

                                Administrivia

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