Boing Boing: EFF wins Grokster! Software doesn't have to be easy for Hollywood to wiretap!

Grok Headline matches for Boing Boing: EFF wins Grokster! Software doesn't have to be easy for Hollywood to wiretap!

EFF wins Grokster! Software doesn't have
to be easy for Hollywood to wiretap!

EFF wins Grokster! Software doesn't have
to be easy for Hollywood to wiretap! 08/19/2004 02:37 PM
I'm supposed to be on holidays from blogging this week, but this is too important not to blog RIGHT NOW.

EFF has won its Grokster case in the Ninth Circuit Court of Appeals -- this is the case that establishes that if you make truly decentralized P2P software -- like Gnutella -- you can't be held liable for any copyright infringement that takes place on their networks. This is the "Betamax principle," from the famous Supreme Court case that established that Sony wasn't responsoble for any infringement that its customers undertook with their VCRs.

The Studios' argument was that people who make P2P software should be obliged to build it in such a way as to make it easy to police -- i.e. not on Gnutella-like lines -- an idea so sickeningly dumb that it's a tremendous relief that the court refused to buy it.

Now is a good time to download the 16MB MP3 audio of EFF IP Attorney Fred von Lohmann's oral argument in the appeal -- he was nothing less than briliant (and it didn't hurt that one of the shmendricks representing the rights-holders kept forgetting the judge's name). This is some of the best courtroom drama you'll ever hear, and when you're done, download the PDF of the decision below and rejoice in our freedom.

I don't often shill for donations to EFF here on Boing Boing, but if there is one day this year that you make a tax-deductible donation to the organization that just won the right to write any software you damn well please, even if it's not amenable to being wiretapped by the record labels, today is it.

It's a good day.

"The Copyright Owners urge a re-examination of the law in the light of what they believe to be proper public policy, expanding exponentially the reach of the doctrines of contributory and vicarious copyright infringement. Not only would such a renovation conflict with binding precedent, it would be unwise. Doubtless, taking that step would satisfy the Copyright Owners’ immediate economic aims. However, it would also alter general copyright law in profound ways with unknown ultimate consequences outside the present context.

"Further, as we have observed, we live in a quicksilver technological environment with courts ill-suited to fix the flow of internet innovation. AT&T Corp. v. City of Portland, 216 F.3d 871, 876 (9th Cir. 1999). The introduction of new technology is always disruptive to old markets, and particularly to those copyright owners whose works are sold through well established distribution mechanisms. Yet, history has shown that time and market forces often provide equilibrium in balancing interests, whether the new technology be a player piano, a copier, a tape recorder, a video recorder, a personal computer, a karaoke machine, or an MP3 player.Thus, it is prudent for courts to exercise caution before restructuring liability theories for the purpose of addressing specific market abuses, despite their apparent present magnitude.

"Indeed, the Supreme Court has admonished us to leave such matters to Congress. In Sony-Betamax, the Court spoke quite clearly about the role of Congress in applying copyright law to new technologies. As the Supreme Court stated in that case, “The direction of Art. I is that Congress shall have the power to promote the progress of science and the useful arts. When, as here, the Constitution is permissive, the sign of how far Congress has chosen to go can come only from Congress.” 464 U.S. at 456 (quoting Deepsouth Packing Co. v. Laitram Corp., 406 U.S. 518, 530 (1972))."

128k PDF Link

"Boing Boing: Boing Boing add Technorati
support"

"Boing Boing: Boing Boing add Technorati
support" 04/14/2004 09:03 AM

Boing Boing: Boing Boing add Technorati
support

Boing Boing: Boing Boing add Technorati
support 04/13/2004 09:09 PM
Boing Boing add Technorati support .. showcasing it .. new feature .. just that

boingboing.net/2004/04/12/boing_boing_add_tech.html
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Mynah bird "boing boing boing" clip

Mynah bird "boing boing boing" clip 04/10/2004 10:16 AM
Ian Brown found this weird clip of a mynah bird saying "boing boing boing." 17K WAV Link (Thanks, Ian!)

Boing Boing audio interview with Mind
Hacks editor Matt Webb

Boing Boing audio interview with Mind
Hacks editor Matt Webb 12/22/2004 01:30 AM
Mark Frauenfelder: I'm starting to get interested in podcasting, so I interviewed Matt Webb, the co-editor of the new book, Mind Hacks, just published by O'Reilly. It's 25 minutes long, and I even created a cheesy Garageband theme song for what I hope is the first of many interviews.

Note: Matt wrote me with the following info -- "This is the McGu rk video I was talking about. Just proving that I'm nothing without my notes, I incorrectly remembered the McGurk sounds! It's a visual 'ga' and an aural 'ba' that combine to the perception of 'da.' No 'va' at all (that's a variation on the experiment)."

The Mind Hack's weblog is here.

Link to BitTorrent file of my interview with Matt Webb.

Link to BitTorrent stats. (Thanks, Chuck!)

Boing Boing: Shirky: stupid (c) laws
block me from publishing own work online

Boing Boing: Shirky: stupid (c) laws
block me from publishing own work online 04/01/2005 05:23 PM
Clay Shirky rants about the absurd US copyright laws that are preventing him from copying his own media .. Clay Shirky tried to use some crippled software to rip a DVD, and it didn't work .. Boing Boing

boingboing.net/2005/03/31/shirky_stupid_c_laws.html
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Boing Boing: Transparent screen
illusion: set laptop's wallpaper to a
photo of the wall behind it

Boing Boing: Transparent screen
illusion: set laptop's wallpaper to a
photo of the wall behind it 03/24/2005 08:43 AM
Transparent screen illusion: set laptop's wallpaper to a photo of the wall behind it .. via boingboing

boingboing.net/2005/03/23/transparent_screen_i.html
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Boing Boing: Bush's plan to dose
Americans with expensive antipsychotics

Boing Boing: Bush's plan to dose
Americans with expensive antipsychotics 06/19/2004 04:40 AM
Bush's plan to dose Americans with expensive antipsychotics .. SOMA

boingboing.net/2004/06/18/bushs_plan_to_dose_a.html
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Boing Boing: Food Porn -- Burger King
Subservient Chicken

Boing Boing: Food Porn -- Burger King
Subservient Chicken 04/09/2004 04:08 PM
Food Porn -- Burger King Subservient Chicken .. Xeni @ BoingBoing points out .. boing boing description .. BoingBoing .. via

boingboing.net/2004/04/08/food_porn_burger_kin.html
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Boing Boing: Bugmenot.com returns,
spokesbugperson says some news sites
trying to block it

Boing Boing: Bugmenot.com returns,
spokesbugperson says some news sites
trying to block it 08/23/2004 12:49 AM
Bugmenot.com returns, spokesbugperson says some news sites trying to block it .. "They'll have to pry it from my cold, dead hands" .. Boing Boing

boingboing.net/2004/08/20/bugmenotcom_returns_.html
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Boing Boing: Coded messages on US govt
timeserver's nonstandard port

Boing Boing: Coded messages on US govt
timeserver's nonstandard port 04/06/2005 05:01 AM
Coded messages on US govt timeserver's nonstandard port

boingboing.net/2005/04/04/coded_messages_on_us.html
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Boing Boing: Calvin and Hobbes slipcased
complete collection coming

Boing Boing: Calvin and Hobbes slipcased
complete collection coming 09/20/2004 10:10 AM
BoingBoing

boingboing.net/2004/09/19/calvin_and_hobbes_sl.html
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Boing Boing: Hersh: children raped at
Abu Ghraib, Pentagon has videos

Boing Boing: Hersh: children raped at
Abu Ghraib, Pentagon has videos 07/16/2004 11:53 AM
Hersh: children raped at Abu Ghraib, US government has videos .. the enemy is a lot closer to home .. he's been speaking

boingboing.net/2004/07/15/hersh_children_raped.html
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Boing Boing: Tiny, witty pixellated
avatars: storTroopers are back

Boing Boing: Tiny, witty pixellated
avatars: storTroopers are back 04/11/2005 03:50 AM
Tiny, witty pixellated avatars: storTroopers are back

boingboing.net/2005/04/10/tiny_witty_pixellate.html
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Boing Boing: RNC-NYC: Update on arrest
of Joshua Kinberg, Bikes Against Bush

Boing Boing: RNC-NYC: Update on arrest
of Joshua Kinberg, Bikes Against Bush 08/31/2004 09:40 AM
RNC-NYC: Update on arrest of Joshua Kinberg, Bikes Against Bush .. was arrested

boingboing.net/2004/08/30/rncnyc_update_on_arr.html
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Boing Boing: Train sign: Touching wires
= death + fine

Boing Boing: Train sign: Touching wires
= death + fine 04/01/2005 01:41 AM
Train sign: Touching wires = death + fine .. Don’t touch those wires! .. BoingBoing

boingboing.net/2005/03/30/train_sign_touching_.html
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Boing Boing: Orange Mobile's robotic
adherence to idiotic rules

Boing Boing: Orange Mobile's robotic
adherence to idiotic rules 05/14/2004 03:30 AM
Boing Boing: Orange Mobile's robotic adherence to idiotic rules .. Cory Doctorow tambm sofre nas mos das telefnicas .. What a way to find out what the term means

boingboing.net/2004/05/13/orange_mobiles_robot.html
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Boing Boing: Plagiarism-seeking IMmer
pranked and exposed -- UPDATED

Boing Boing: Plagiarism-seeking IMmer
pranked and exposed -- UPDATED 04/01/2005 06:41 AM
Plagiarism-seeking IMmer pranked and exposed -- UPDATED .. according to BoingBoing, it's a hoax .. Boing Boing initially cried hoax

boingboing.net/2005/03/29/plagiarismseeking_im.html
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Boing Boing: D&D book reader on
ferry hassled by security morons

Boing Boing: D&D book reader on
ferry hassled by security morons 08/13/2004 09:20 AM
US Homeland Security dweeb confiscates roleplaying manual .. D&D book reader on ferry hassled by security morons .. An entry on BoingBoing .. dangerous

boingboing.net/2004/08/11/dd_book_reader_on_fe.html
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Boing Boing: Camera phones in Iraq;
digicams and truth in wartime

Boing Boing: Camera phones in Iraq;
digicams and truth in wartime 05/26/2004 04:36 AM
boingboingis talking about .. Xeni @ Boing Boing .. BoingBoing

boingboing.net/2004/05/23/camera_phones_in_ira.html
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Boing Boing: Bill Gates: Free Culture
advocates = Commies

Boing Boing: Bill Gates: Free Culture
advocates = Commies 01/06/2005 02:39 PM
yesterday's Boing Boing post .. posts more of Gates' quote, .. BoingBoing link

boingboing.net/2005/01/05/bill_gates_free_cult.html
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Boing Boing: Guestbl0gger Russ Kick's
MemoryHole -- banned in Iraq?

Boing Boing: Guestbl0gger Russ Kick's
MemoryHole -- banned in Iraq? 06/03/2004 09:03 AM
Guestblogger Russ Kick's MemoryHole -- banned in Iraq? .. banned by the military

boingboing.net/2004/06/02/guestblogger_russ_ki.html
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Boing Boing: Join Friends of the
Creative Archive and help the Beeb put
EVERYTHING online

Boing Boing: Join Friends of the
Creative Archive and help the Beeb put
EVERYTHING online 06/03/2004 06:37 AM
Join Friends of the Creative Archive and help the Beeb put EVERYTHING online .. Boing Boing

boingboing.net/2004/06/02/join_friends_of_the_.html
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Boing Boing reports that US military may
be blocking access to news sites

Boing Boing reports that US military may
be blocking access to news sites 06/02/2004 07:52 PM

Xeni @ Boing Boing

More on blocked sites for .mil websurfers

Following up on this BoingBoing post about rumors that access to TheMemoryHole is being blocked on military computers in Iraq...

[John continues:]If the request was denied due to the Content Filter configuration is a sentence fragment, but with The content category reported is Gen. News. and If you feel this site was blocked in error, please contact the Help Desk the meaning is clear enough. For whatever reason, "General News" is not fit for our troops. I've been meaning to send her a list of links and ask her if she'd be willing to try to access them (Newsweek? New York Times? Common Dreams? Freerepublic.com [a conservative site]? townhall.com [another conservative site]?) I'm also curious what other kinds of sites she can't visit (geek news? music news? yahoo? wikipedia?) and whether she's prohibited from visiting these sites at work because she's /at work/, or if she's encouraged not to pursue the news in general.

Zaku, can you or anyone in the military in Iraq corroborate this or look into this?

Boing Boing: Sims-style
anti-teen-pregnancy ad from Belgium

Boing Boing: Sims-style
anti-teen-pregnancy ad from Belgium 03/25/2005 06:36 AM
Sims-style anti-teen-pregnancy ad from Belgium

boingboing.net/2005/03/23/simsstyle_antiteenpr.html
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Boing Boing: David Byrne launches
internet radio station

Boing Boing: David Byrne launches
internet radio station 03/30/2005 03:51 AM
David Byrne launches internet radio station .. boing boing

boingboing.net/2005/03/28/david_byrne_launches.html
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Boing Boing: Game developers' amazing
rants on the state of the industry

Boing Boing: Game developers' amazing
rants on the state of the industry 03/14/2005 04:51 PM
boingboinged .. BoingBoing

boingboing.net/2005/03/11/game_developers_amaz.html
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Boing Boing: Tigger boning Tickle Me
Elmo: Smart toys acting dumb

Boing Boing: Tigger boning Tickle Me
Elmo: Smart toys acting dumb 03/27/2005 08:04 AM
Boing Boing: Tigger boning Tickle Me Elmo: Smart toys acting dumb

boingboing.net/2005/03/25/tigger_boning_tickle.html
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Boing Boing: Tsunami update: Microsoft
responds, bl0ggers organize, video
torrents

Boing Boing: Tsunami update: Microsoft
responds, bl0ggers organize, video
torrents 01/02/2005 12:46 AM
BoingBoing for their link as well

boingboing.net/2004/12/30/tsunami_update_micro.html
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Boing Boing: Thousands of Afghani POWs
brutally executed, CBC alleges US
military complicity

Boing Boing: Thousands of Afghani POWs
brutally executed, CBC alleges US
military complicity 05/06/2004 04:44 AM
Thousands of Afghani POWs brutally executed, CBC alleges US military complicity .. war-crimes committed against Afghani prisoners .. Quote .. via

boingboing.net/2004/05/05/thousands_of_afghani.html
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Boing Boing: Reality-TV human baby
giveaway, pissed-off Uri Geller claims
trademark breach

Boing Boing: Reality-TV human baby
giveaway, pissed-off Uri Geller claims
trademark breach 04/30/2004 07:37 AM
Your daily dose of What the Fuck? .. Boing Boing .. BoingBoing

boingboing.net/2004/04/29/realitytv_human_baby.html
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Boing Boing: Erik Davis consults on A
Scanner Darkly

Boing Boing: Erik Davis consults on A
Scanner Darkly 05/21/2004 05:19 AM
Erik Davis consults on A Scanner Darkly .. insider news .. scoopage

boingboing.net/2004/05/20/erik_davis_consults_.html
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Boing Boing: Intl MPAA/RIAA to ISPs: cut
your own throats

Boing Boing: Intl MPAA/RIAA to ISPs: cut
your own throats 04/09/2005 05:16 AM
Intl MPAA/RIAA to ISPs: cut your own throats .. Run a ISP here is how to go Bankrupt! .. BoingBoing

boingboing.net/2005/04/07/intl_mpaariaa_to_isp.html
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Boing Boing: Journalist: Wikipedia is
"outrageous," "repugnant" and
"dangerous"

Boing Boing: Journalist: Wikipedia is
"outrageous," "repugnant" and
"dangerous" 08/29/2004 04:00 AM
Journalist: Wikipedia is "outrageous," "repugnant" and "dangerous" .. BoingBoing reports

boingboing.net/2004/08/28/journalist_wikipedia.html
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Boing Boing: Communist hymn is in
copyright - filmmaker fined

Boing Boing: Communist hymn is in
copyright - filmmaker fined 04/11/2005 03:50 AM
French filmmaker has just been fined for letting a character in one of his films whistle the tune .. Communist hymn is in copyright - filmmaker fined .. BoingBoing

boingboing.net/2005/04/09/communist_hymn_is_in.html
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Boing Boing: Craigslist for-rent ads
scraped and placed on Google Maps

Boing Boing: Craigslist for-rent ads
scraped and placed on Google Maps 04/10/2005 08:06 AM
Craigslist for-rent ads scraped and placed on Google Maps .. [boingboing] .. Boing Boing .. BoingBoing

boingboing.net/2005/04/09/craigslist_forrent_a.html
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Boing Boing: Brit Airways' honorifics
kick United's ass

Boing Boing: Brit Airways' honorifics
kick United's ass 04/29/2004 07:47 AM
The Pope needs Air Miles .. Boing Boing .. BoingBoing .. more

boingboing.net/2004/04/28/brit_airways_honorif.html
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Boing Boing: Ancient hard-drive, guy in
bunny suit

Boing Boing: Ancient hard-drive, guy in
bunny suit 07/31/2004 10:44 AM
Photo of thirty-five pound fixed-head hard drive, circa 1970 .. Ancient hard-drive, guy in bunny suit .. amusing anacdote

boingboing.net/2004/07/30/ancient_harddrive_gu.html
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Boing Boing: XP Service Pack torrent
shut down by Microsoft

Boing Boing: XP Service Pack torrent
shut down by Microsoft 08/13/2004 03:59 AM
XP Service Pack torrent shut down by Microsoft .. shut the Torrent down with threat of a lawsuit .. Boing Boing

boingboing.net/2004/08/12/xp_service_pack_torr.html
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Grok Description matches for Boing Boing: EFF wins Grokster! Software doesn't have to be easy for Hollywood to wiretap!
GrokA matches for Boing Boing: EFF wins Grokster! Software doesn't have to be easy for Hollywood to wiretap!

Boing Boing: EFF wins Grokster! Software doesn't have to be easy for Hollywood to wiretap!

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