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Who Killed TiVoToGo?

It's the latest digital media murder mystery: TiVo Series2's TiVoToGo enabled limited portability of recorded content to PCs and other devices, but the TiVo Series3 HD did not include this feature when recently released. In other words, if you want to upgrade to HD, you have to downgrade your TiVo's features.

You don't need to be Sherlock Holmes to guess that this story somehow involves Hollywood, the FCC, and 'digital rights management' (DRM) restrictions. EFF has opposed these restrictions every step of the way, and, in an EFF white paper released today, we'll explain digital cable DRM's sordid history, how digital cable and satellite DRM may affect you, and what you can do to fight back.

In short, get ready for copying limits on cable and satellite content that won't stop 'Internet piracy' but will stop you from making legitimate use of lawfully acquired content. You'll be forced to only buy devices with limited features, and restricted digital outputs could break compatibility with your current HD displays and receivers, even though you may have already invested thousands of dollars in them. Innovators will have to beg permission before inventing new digital devices that help you get more from your satellite and cable content.

Unfortunately, TiVoToGo's disappearance is just the tip of the iceberg. But you can still take steps to fight back -- use EFF's Action Center to stop cable providers from making DRM even worse, and check out the other action items on our cable and satellite DRM page.

(Cross-posted at EFF's DeepLinks)


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Losing the rights to your music
Microsoft is tightening its DRM and generating a lot of heat in users:
  • Microsoft Media Player shreds your rights: 'Think DRM was bad already? Think I was joking when I said the plan was tostart with barely tolerable incursions on your rights, then turn thethumbscrews? Welcome to Windows Media Player 11, and the rights get chippedaway a lot more.'
  • Microsoft DRM To Get Even Tighter: 'I think I'm going to wait for Windows Media Player 12 to come out, whichreportedly will include DRM that doesn't let you listen to your music atall. All the major recording labels are on board with this format, so we mayfinally get a realistic alternative to iTunes without the clumsy Mac-likeinterface. Plus, it won't cost much more per track than the average iTunessong now. There will also be more visualizations included to help youimagine what the music you're playing actualy sounds like.'

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Voices of Civil Rights Screening in Los Angeles Peabody Award Winning Film and Q&A with the Filmmaker, Saturday, July 15th, 7:00 PM
IDA presents a special one-time screening of VOICES OF CIVIL RIGHTS, A Film by Jeffrey Tuchman (PRWEB Jul 13, 2006) Trackback URI: http://www.prweb.com/zingpr.php/TWFnbi1FbXB0LUluc2UtU3F1YS1JbnNlLVplcm8=
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Maximizing E-mail Security ROI - Part IV &#150; The Digital Monsters under Your Bed: E-Mail Intruders
There are very real dangers posed by network intrusions. Keep these monsters from stealing the digital lifeblood of your enterprise and ensure that your investment in network security is handsomely rewarded.
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Disability Rights Commission web accessibility study points to a need for training
The latest E-Access Bulletin has an article about the most recent findings from the Disability Rights Commission's web accessibility study. There was a poor response among organisations participating in the study to the quesion 'How interested is your company in web accessibility?' - and those who did respond showed a lack of awareness of the issues. The investigation team conclude that there is a need for more training in this area.Interestingly in response to questions about the usefulness of the W3C access guidelines the view seems to be that they are hard to follow; one respondent described the guidelines as 'gobbledygook'.The study is being carried out by Helen Petrie, professor of Human Computer Interaction at City University's School of Informatics.
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ISO digital rights mgmt. spec gets huge backing
Slew of entertainment, consumer electronics and technology companies pledge support for ISO MPEG REL.


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Home media not here yet
Digital home 'still 10 years off': 'The vision of a digital home is still 10 years away, says a leading music technology entrepreneur.' [BBC News
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The Digital Architect - A Video Podcast
The Digital Architect - A Video Podcast
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230 years young, and still controversial

In the echo of the Supreme Court’s resounding affirmation last week of the rights of individuals to a fair trial, of the limits of the power of the executive, and of a system of checks and balances—in other words, the principles on which our country was founded, ill-defined war or no—this 230th anniversary of the independence of our country seems especially dear. So I like to turn back to the source of much of that dearness, as well as to look around for some other words of inspiration. As Thomas Jefferson wrote in the last letter of his life, ten days before his death:

May it [the Declaration of Independence] be to the world, what I believe it will be, (to some parts sooner, to others later, but finally to all,) the signal of arousing men to burst the chains under which monkish ignorance and superstition had persuaded them to bind themselves, and to assume the blessings and security of self-government. That form which we have substituted, restores the free right to the unbounded exercise of reason and freedom of opinion. All eyes are opened, or opening, to the rights of man. The general spread of the light of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately, by the grace of God. These are grounds of hope for others. For ourselves, let the annual return of this day forever refresh our recollections of these rights, and an undiminished devotion to them.

The emphasis, of course, is mine.


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Mod_auth_mysql
As part of implementing ETD-db, I needed to password-protect several folders that are part of the ETD-db system. The installation instructions for ETD-db suggest you do this using an .htpasswd file that contains several users and give different users different rights. Reading this I realized that probably one user will serve for several people, [...]
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Gay Rights Advocates March Against Male Genital Mutilation
Movement to ban medically unnecessary infant male circumcision is highlighted at the nation’s largest gay event. (PRWEB Jun 27, 2006) Trackback URL: http://prweb.com/pingpr.php/SGFsZi1TaW5nLUhvcnItQ291cC1JbnNlLVplcm8=
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Digital Web: Standards
Contributed articles by many recognized design and development professionals.
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AutoStitch -- Free program to create a panorama from multiple images
AutoStitch is a free program which will take a multiple digital photos of an area and blend them together smoothly to create a panoramic photo automatically.
AutoStich is the world's first fully automatic 2D image stitcher. Capable of stitching full view panoramas without any user input whatsoever, AutoStitch is a breakthrough technology for panoramic photography, VR and visualisation applications.

from Lifehacker

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Intel Patents the 'Digital Browser Phone'
tibbar66 writes, "This sounds like an invention that has been invented many times before (e.g. Skype). Yet on October 10, 2006 Intel was granted a patent for a 'digital browser phone.' The patent was filed on Feb. 25, 2000. Here's the abstract: 'A telephone system wherein all the functions of a digital telephone can be accessed and implemented on a personal computer alone, thereby eliminating the need for a telephone set. By means of the computer display and mouse, keyboard or other input/output command devices, a user accesses and implement all digital telephone functions without the physical telephone set, the personal computer also providing the audio function. A graphical representation of a telephone set or other telephone-related form is provided on the computer display and accessed by the mouse, keyboard or other command device, this being accomplished by a computer program providing graphical interface implementation. A significant advantage of the system is computer access to and utilization of digital telephone functions from a remote location with communication via Internet, LAN, WAN, RAS or other mediums.'"

This story is displayed by Caregivers Toronto and attached here for your comfort by Professional Web Site Design. Home Cleaning Ladies, Affordable Web Design, and other first-class services can be found at these websites.
[Via Slashdot]
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Imperiali Organization Acquires Miami Team from ABA
From the bright lights of Las Vegas, the Imperiali Organization announced that it has acquired the rights to operate a team in the greater Miami/Ft. Lauderdale market in the American Basketball Association (ABA). (PRWEB Jul 14, 2006)
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Kinks founder given top music award
Kinks founder Ray Davies is given an Icon award by US performing rights organisation Broadcast Music Inc.
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More Data On Digital Sales Shows RIAA Claims As False
 />I recently blogged about <a href='http://p2p.weblogsinc.com/2006/06/13/riaa-claims-win-innovation-has-been-contained/'>the RIAA's new public message that P2P file-sharing has been contained</a>, and how the real truth is <a href='http://p2p.weblogsinc.com/2006/06/13/riaa-claims-win-innovation-has-been-contained/'>P2P file-sharing is still on the rise</a>. Today, <span class='reg9U'>Thomas Mennecke of Slyck points out that not only is P2P use on the rise, but <a href='http://www.slyck.com/news.php?story=1222'>weekly digital sales numbers are declining as well</a>. <br /><br />'</span><span class='reg12'><em>According to Neilson</em>[sic]<em>/Soundscan's statistics, in January '06, 17.56 million tracks were sold. This number fell to 16.68 million in April. Although this decline is modest, it's a direction few in the music industry want to see. By comparing the trend lines of digital sales in 2005 and 2006, the two appear precariously destined to collide in early 2007.</em>'<br /><br />It's highly unlike Bainwol to dismiss P2P as a problem; he obviously has access to Soundscan numbers and to any research I'm able to dig up. So what's the rub? </span><span class='reg12'>I'm still <a href='http://p2p.weblogsinc.com/2006/06/13/riaa-claims-win-innovation-has-been-contained/'>betting</a> that the RIAA's new public stance is a method to distance itself from the continued bad press generated by individual lawsuits against 18,000 Americans.<br /><br />[via <a href='http://www.slyck.com/news.php?story=1222'>Slyck</a>]<br /> </span><h6 style='clear: both; padding: 8px 0 0 0; height: 2px; font-size: 1px; border: 0; margin: 0; padding: 0;'></h6><a href='http://p2p.weblogsinc.com/2006/06/16/more-data-on-digital-sales-shows-riaa-claims-as-false/' rel='bookmark' title='Permanent link to this entry'>Permalink</a> <BR><a href=read more:

Digital Web: Accessibility
Contributed articles by various recognized design, usability and accessibility professionals.
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Digital Music Forum announces lineup
March 1 meet will focus on digital music copyright issues and the viability of online music business models, among other topics.


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Packaging Design for Web-based Products
Digital Web magazine has published a new article by me about applying the principles and lessons of packaging design to Web applications and services:

Packaging Design for Web-based Products
'Though hundreds of years of packaging design history and best practices may have influenced your offline shopping behaviors and decisions, the lessons learned in this enduring discipline didn’t have much of an influence on early web designs. After all, early web sites were primarily tasked with promoting or explaining offline services, companies, and products.

Following on the heels of these brochure-ware sites came a wave of e-commerce applications: buying, selling, or trading physical goods or services. It wasn’t until web applications became services, products, or content destinations unto themselves that concepts long known in the packaging design world—such as central and peripheral messages, shelf-space differentiation, and self-retailing—came to be significant considerations online.

As a product designer, I’m responsible for ensuring that web applications not only resonate with their target audiences but also embody appropriate brand propositions. As such, I’ve taken it upon myself to dive deeper into the principles and lessons of packaging design in order to learn what lessons can be applied to the world of web applications. Here’s some of what I’ve found so far.'

Thanks to the Digital Web team for asking me to contribute to their great magazine.

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Formal accreditation in UK for accessible Web Designers?
The Disability Rights Commissions report on the accessibility of UK websites calls for the development of an accreditation for Web Designers, 'The Government should facilitate the development of best practice guidance for accessible website development and ongoing maintenance and thereafterpromote a formal accreditation process'The Guild of Accessible Web Designers would be the natural home for such an accreditation process.
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Off to Silicon Valley and LA
So I'm off to San Francisco/Palo Alto to meet some contacts and attend the Always On conference at Stanford this week. After that it's on to LA to chat to a few 'digital hollywood' execs and mobile people...
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As viewers switch off, BBC bosses get £3.7m
THE BBC paid its top managers £3.7 million in salary and bonuses last year despite losing more than half a million television viewers to rival digital channels and the internet, according to the corporation's annual report.
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Accessibility
Five new links: "Board Names Advisory Committee for 508 Standards Update", "Shawn Henry Podcast/Interview on WCAG 2", "Accessible Digital Media", "Walgreens Recruits Employees With Disabilities Through Highly Accessible Website", and "Replace Your Mouse with Your Eye".
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David Burnett on digital photography

David Burnett talks to the New York Times on what cameras he uses and why he mainly shoots digital now - he's another Canon 20D user.  The article is interesting, but the audio slideshow is much more interesting.  He explains that he uses a number of different cameras depending on the type of photo he's going for and on the slideshow there's a few examples.

I love my 20D, but it's not a camera that I can use all the time, it's just too big, so I also have a Canon SD500 which I've mentioned before.  I'll get different types of photos from each camera; I can't do the same things with the SD500 that I can do with the 20D, but I can take it places a 20D just isn't appropriate.  It's hard to be inconspicuous with a large SLR camera and buy the time I've tweaked the settings the moment is lost.  The SD500 I use for more spontaneous photos, I don't mess with the settings, just accept the defaults and let the camera deal with the situation and most of the time it does a great job, probably better than I could have done manually.  Take this as an example - that was shot at dawn directly into the rising sun with the SD500 and captured the scene exactly as I wanted it.  The 20D on the otherhand lets me get photos like this, which the SD500 wasn't able to manage (subjects lit entirely by candle light on a moving boat).  The SD500 also shoots video, a feature I never thought I'd use as I've always prefered still shots, but I found a few instances when video captured a scene much better than a still image could.  The 20D as you'd expect from an SLR doesn't capture video.  Different tools for different jobs.

The New York Times also has some tips on digital photography, nothing really new to me there, but it might be off interested to any just getting into digital.


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The MCU contributes to European Commission Social Inclusion Workshop
As a representative of the Making Connections Unit I was invited to Brussels to attend a workshop to discuss how 'Cultural and Memory Organisations' (i.e. Libraries and Museums) can use digital technologies to increase social and economic inclusion. The workshop and research is being carried out by Ecotec Research and Consulting on behalf of the European Commission. I was invited to provide my expertise in relation to accessibility issues.The main objectives of the study are: To identify where cultural and memory organisations (CMOs) already contribute to social and economic inclusion, using digital technologies; and To specify which issues deserve particular attention for new or further research, taking into account the needs of CMOs in a European context and the development of content-based services for all sectors of the community.The study will lead to recommendations for CMOs in Members states and the EU in relation to building new services and applications. Unfortunately, from my point of view, there wasn't much of a focus on how the web could be used to promote social and economic inclusions. Perhaps if there had been more time (a wide range of topics were covered) we could have talked in more detail about the role of the web and the issues of accessibility.If you have any thoughts in relation to this I am happy to pass them along the study (please add your comments below).
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shapes from shapes - new artwork from wajid
six new digital mainpulations in the new "shapes from shapes" series by wajid yaseen, created from photographs of dancers he's working with.
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Did the DRC report help promote accessible web design?
Pat Byrne of ScotConnect has published a response to the Disability Rights Commission Web Accessibility Report. The DRC report emphasizes the need to include disabled people at every level in the development of websites. Though this is a good approach, Pat questions whether it will be possible for all web developers,the logistics of identifying and recruiting disabled people with a range of impairments.the perception that such evaluators are a resource?would they be seen as altruistic volunteers or would they be paid workers or consultants?would their usefulness cease or would it increase when they become 'experts', with perhaps more informed responses?There is a danger that the report will be interpreted as undermining the value of the World Wide Web Consortiums Web Accessibility Guidelines, and the experience and skills of existing web accessibility experts.
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Canon SD500 first impressions

I've always owned Canon cameras and was looking around for a new small digital camera and decided on the Canon SD500.  I haven't had a small camera for a few years - the last being a Canon S100 (the original digital Elph/Ixus) which I enjoyed using.  My goal with this camera is to be a companion to my digital SLR mainly for use when carrying the SLR isn't practical, so this is more of a backup camera.

First, the basics.  The SD500 is small.  It's about the size of a deck of cards.  Small doesn't mean featureless though, it has a resolution of 7.1 megapixels and a 3x optical zoom.  Storage is via an SD card.

What's in the box?  Just the basics that you would expect, a USB cable, battery and an A/V cable.  There isn't an included cases which is a shame as the camera looks like it could get scratched easily and it would be nice to have something to protect the large LCD on the back of the camera.  Canon do sell an accessory kit though which is highly recommended as it includes a case and a battery which can often be purchased for less than the cost of the battery.

Canon include a 32 megabyte SD card with the camera which will store just 9 photos at the highest resolution and quality. A 1 gigabyte card will hold about 360 images.

The camera is pretty easy to use with an intuitive menu system operated with the buttons on the back of the camera.  When turning the camera on you'll be greeted with an irritating noise from the internal speaker, thankfully this can easily be disabled in the customization menus, which also allow you to change the noise made when a photo is taken (a shutter sound is just fine thank you) and the background picture displayed when turning the camera on - not a feature I'd ever care about.  Startup time is good, the camera is ready to be used almost straight away, which wasn't the case for earlier models.  The LCD displays is large and bright and gives a good impression of the final output of a photo.

The camera has a 3x optical zoom and a digital zoom which much to my surprise was disabled by default on the camera.  I've never been a fan of digital zoom and it's nice to see Canon encouraging people not to use it by disabling it by default.  It's far better to zoom and crop on a computer than it is on the camera.

Picture quality is impressive so far.  I haven't taken many pictures yet, but I have no complaints with the output.  The camera supports USB2.0 so transfers to a computer are nice and fast - just as well with the size of the files produced.

There are a few features I want to also mention:

Stitch assist mode.  This is a great feature.  When activated the camera gives you the option of taking photos from left to right or right to left; after the first photo is taken the result is shown on the LCD display, but shrunk so you can frame your next shot against the previous shot. The camera does not attempt to stitch the photos together for you, but guides you so that you can see what you've taken so far and don't miss part of the panorama you are shooting. 

Scene assist mode.  There are a number of presets pre-programmed with general styles of photo such as 'night' 'portrait' etc.  The camera adjusts the settings automatically to be the best for that style of shot.  Useful for quick photos that you don't have time to manual configure settings.

That's it for my first thoughts; I'll post some more once I've used it a bit more. 


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495-7: Copyright and contact details

World Wide Words is copyright © Michael Quinion 2006. All rights reserved. You may reproduce this newsletter in whole or part in free online newsletters, newsgroups or mailing lists provided that you include this note and the copyright notice above. Reproduction in printed publications or on Web sites requires prior permission, for which you should contact the editor.

Comments on anything in this newsletter are more than welcome. To send them in, please visit the feedback page on our Web site.

If you have enjoyed this newsletter and would like to contribute to its costs and those of the linked Web site, please visit our support page.


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What Does it Mean To Be an 'Owner' or 'Mere Possessor' Under 17 USC 109?
In light of my last posts about first sale as applied to copies 'rented' through Rhapsody, I've had an interesting exchange about what it means to be an 'owner of a copy' in terms of 17 USC 109 (the 'first sale' doctrine), and what rights you have to a lawfully made copy you rent from Blockbuster or Rhapsody. My thoughts are admittedly rough -- does anyone else have a clearer answer?  Regardless, thanks to my interlocutor, 'analoghole,' for some old-fashioned copyright geekery.

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Intellectual Property Theft Has Never Been Easier - Is your enterprise protected?
Intellectual property (IP) is at the core of any business. Confidential manufacturing processes, financial information, customer lists, digital source code, marketing strategies, research data or any other compilation of information used to obtain competitive advantage could be deadly to your enterprise if it ends up in the wrong hands. Learn the necessary precautions you need to take to prevent this sort of loss.
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My response to the fools
I was watching a great video of a machine gun shoot here http://www.bestofgooglevideo.com/video.php?video=376 and noticed the rating votes leaned heavy towards the unfavorable.  I then began to read the blog replies and found that there were a bunch of non-US citizens who loathe the fact that we have gun rights, and excercise defense.  They further commence to bash our actions in Iraq, our foreign policy, and directly blamed us for the existence of terrorism stating that we provoke it.  Well, I just couldn't keep quiet about that, so I weighed in.  Read full article to enjoy the zing.

OK, ugly American weighing in here. 
 
Except for tyranny, slavery, genocide, Nazism, Fascism, and Communism, war has never resolved anything.

Read more...
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United Hebrew Geriatric Center Gerontechnology Program Graduates First Class -- Seniors and Students Close the Digital Divide
In Westchester County, as well as across the nation, the senior population is growing. At the same time, the technology boom is creating a world that relies on computers for everything from purchasing groceries to driving a car. The problem is that seniors, the fastest growing population, often are not comfortable with the fastest growing technology. (PRWEB Jun 23, 2006)
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Underwhelmed by WAP - Impressions from the coalface
Mike Banahan gives his Impressions of Using WAP/WML'WML is terribly limited in what it will display on the screen, with an extremely restricted set of markup tags supported and a curious `deck of cards' metaphor where each page is considered to consist of a `deck' - individually displayable sub-pages within the whole page itself. The usefulness of the deck/card division is unclear in the tutorials that I have seen so far and I haven't discovered a compelling argument for it yet.'It was Michael Jackson of the The British Computer Society - Newcastle and District Branch Committee who pointed me to the above link. Michael got in touch to ask if I would be willing to speak at one of their future meetings - the topic: 'The Web is ruined, and we - IT professionals - ruined it'.The need for accessible web design training.What I should have said in relation to yesterdays news from the Disability Rights Commission, was that the MCU runs an extremely good Accessible Web Design Training Course.
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DRC report - more feedback
Maurice Franceschi has e-mailed me his response to the recent Disability Rights Report on Web Accessibility.'However, given that the vast majority of sites cannot even achieve the basic issues I cannot see any clear way forward to getting sites to address the more advanced and broader issues above as long as the DRC takes a softly, softly approach - I mean, they do not even list the 1000 websites tested in the report. In the accompanying webcast there was an obvious reluctance to go to court but at the same time the Australian Olympics case is mentioned as an example of what can happen. I think a high-profile case is going to be what it takes, in the end, to force compliance. If Ryanair can be taken to court and lose over the wheelchair charging, I do not see what the problem is. 'He makes some useful and valid points: read the full e-mail about the report.I think Maurice is right - a high profile court case is going to make all the difference.
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An interview with Julie Howell, Digital Policy Development Officer for RNIB
Nigel Peck has published his interview with Julie Howell, 'The part of the DDA that effects the provision of services via the web came into effect on 1 October 1999...."...Currently RNIB is working on potential cases involving website accessibility on behalf of other blind and partially sighted people under the DDA. We are unable to comment on the details of these potential cases at the moment but may be able to in future.'
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Tip 86 - Bathe your Throbbing Brain in Music
My neighbor, Dangerous Dan, is broken-hearted. His free Internet service has collapsed. No more free music, no downloads, etc. For three weeks DD worked like a Trojan, culling all the cream from the music files on WINMX.COM, downloading Debussy, Rachmaninoff, Borodin, Handel, Bach, and other such geniuses. Gigabytes of crystalized genius, hundreds of hours of divine music in MP3 format, absolutely free and perfectly recorded digital moments, all GRATIS (except for the work involved in the
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I Like this guy

William Williams is a man of conviction (literally).  He lives completely off the grid.  Oh and he's fighting a power company's right to install a guy wire in his yard.  Something about the underdog story I really like.

In the Pittsburgh area, a man went to jail rather than let the local power company run an electric line through his property. He's also in some hot water for refusing to connect to the local sewer system. Although he’s repeatedly lost in criminal court, William Williams, 76, of Cecil, vows to continue removing the guy wire and its anchor in his yard each time the power company replaces them. For Mr. Williams, it’s all a matter of civil disobedience. He said he refuses to surrender his property rights to the utilities.

[Read more here]


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RIAA Sells Anti-Piracy Propaganda To Your Children
 />The rapid expansion of the definition of intellectual property continues unabated, with the RIAA taking the battle for hearts and minds directly to the auditorium of your kid's school.<br /><br />The RIAA has teamed with iSafe, 'a nonprofit organization that teaches kids, teachers and parents how to be safe on the Internet, with topics such as awareness about predators, not to give out too much personal information, and the risks of getting on P2P networks.'<br /><br />Sounds fine so far. When you add in the idea of the RIAA feeding iSafe the propaganda and iSafe in turn showing up to your kids school under the guise of saving them from MySpace predators, only to tell them about how music wouldn't be made if the RIAA didn't get thier cut, it becomes something quite different. <br /><br />Obviously the information presented will be biased in favor of the industry, and I'm going to go out on a limb and bet that no one will talk about the <a href='http://digitalmusic.weblogsinc.com/2006/06/14/weird-al-yankovic-says-digital-is-a-raw-deal-for-some-artists/'>crappy record deals</a> your kid's favorite artists are living with. <br /><br />Beware, and if iSafe is coming to your kid's school, maybe you should drop in so you can <a href='http://digitalmusic.weblogsinc.com/2006/06/14/weird-al-yankovic-says-digital-is-a-raw-deal-for-some-artists/'>drop a little science</a> of your own.<br /><br />[via <a href='http://www.projectopus.com/node/5730'>Project Opus</a>]<h6 style='clear: both; padding: 8px 0 0 0; height: 2px; font-size: 1px; border: 0; margin: 0; padding: 0;'></h6><a href='http://p2p.weblogsinc.com/2006/06/29/riaa-sells-anti-piracy-propaganda-to-your-children/' rel='bookmark' title='Permanent link to this entry'>Permalink</a> <BR><a href=read more:

RIAA Claims Victory, Innovation Has Been 'Contained'
 id='vimage_1' src='http://p2p.weblogsinc.com/media/2006/06/riaa_cds.jpg' />According to Mitch Bainwol, who sits atop the RIAA as its CEO, illegal file-sharing via the Internet has been 'contained'. <br /><br />'The problem has not been eliminated,' says Bainwol. 'But we believe digital downloads have emerged into a growing, thriving business, and file-trading is flat.'<br /><br />According to <a href='http://www.usatoday.com/tech/products/services/2006-06-12-riaa_x.htm?POE=TECISVA'>USA Today</a>, Bainwol acknowledges that legal digital downloads are making up for long-slumping CD sales, and cites this evidence along with surveys of 12,000 households to back up his statement on containment. <br /><br />Why would Bainwol, stalwart anti-P2P man that he is, come out in the press selling the story of how the RIAA has 'contained' the battle against P2P services? Surely the news that P2P has been 'contained' must be a relief to the RIAA and all those pesky lawsuits will be over post-haste, right?<br /><br />Simply not so, according to Eric Garland, CEO of Internet measurement firm Big Champagne, who says more people than ever are using file-sharing networks. 'Nearly 10 million people are on-line, swapping media, at any given time,'. That May figure is up from 8.7 million people in 2005, he says.<br /> <br />Bainwol's motivation may come from slipping public perception of the RIAA lawsuits. Mitch's predecessor, <a href='http://p2p.weblogsinc.com/2006/06/10/former-riaa-chief-speaks-against-lawsuits-drm/'>Hillary Rosen, recently stated the suits had outlived their useful lifespan</a>. Calling P2P 'contained' in the press would give the RIAA a perfect exit strategy. Using this logic, the RIAA can gracefully point to a time-line that looks roughly like this...<br /><ol>    <li><strong>We sued some people</strong></li>    <li><strong>P2P growth flattened</strong></li>    <li><strong>File-sharing was contained</strong></li>    <li><strong>We diverted our efforts to stopping those nasty thieves at XM</strong></li></ol><em><strong>All before the PR pressure of suing those who are <a href='http://www.cdfreaks.com/news/12441'>young</a>, <a href='http://www.foxnews.com/story/0,2933,98190,00.html'>old</a>, <a href='http://arstechnica.com/news.ars/post/20050204-4587.html'>dead</a> or <a href='http://forums.winamp.com/showthread.php?threadid=245416'>without a computer</a> gains any real traction with average Americans</strong></em>.<br /><br />CEO Garland of Big Champagne points out that the RIAA has made some inroads. 'They have removed the profiteers from on-line piracy,' he says. 'They've also embarked on a very successful education campaign. Kids now know about copyright, and the consequences.'<br /><br />What Garland, Bainwol and USA Today forget to tell you is, the RIAA has also succeeded in stifling innovation. Save for the few indie music distributors on-line (<a href='http://magnatune.com'>Magnatune</a>, <a href='http://www.emusic.com'>eMusic</a>, and the like who offer non-RIAA music only), the digital music market looks like a sea of clones. Subscription services with sub-par quality, similar prices, terms and selection, or iTunes with it's proprietary iPod, fixed pricing structure and non-transferability. <br /><br />They've managed to <a href='http://www.eff.org/IP/P2P/MGM_v_Grokster/'>redefine fair-use</a>, and continue to <a href='http://digitalmusic.weblogsinc.com/2006/05/19/xm-says-prepare-to-fight/'>tweak the definition</a>. They are the only show in town, and that's just the way they like it. The RIAA's cartel status allows its member companies to bully the rest of the industry, <a href='http://news.bbc.co.uk/2/hi/entertainment/5055744.stm'>refusing to license music for other distribution models</a>, <a href='http://arstechnica.com/news.ars/post/20041014-4313.html'>price fixing</a>, and <a href='http://digitalmusic.weblogsinc.com/2006/04/28/cheap-trick-allman-brothers-sue-sony-bmg-over-digital-distribut/'>allegations of cheating artists on royalties from digital downloads</a> are just a few of the strong-arm tactics they continue to pursue.<br /><br />If the RIAA won, this is all they won. A bland and lifeless digital music market with few real players, where a veritable sea of possibilities once lie open to discovery.<h6 style='clear: both; padding: 8px 0 0 0; height: 2px; font-size: 1px; border: 0; margin: 0; padding: 0;'></h6><a href='http://p2p.weblogsinc.com/2006/06/13/riaa-claims-win-innovation-has-been-contained/' rel='bookmark' title='Permanent link to this entry'>Permalink</a> <BR><a href=read more:

Fighting for justice in our lifetimes

I took a course on the History of the Civil Rights Movement when I was at the University of Virginia. Taught by Julian Bond, a leader of the Student Nonviolent Coordinating Committee, the course’s readings alone were enough to make any thoughtful American think long and hard about social justice, as was the opportunity to research local reactions to the movement (see my paper on Virginia’s Massive Resistance movement). One of the thoughts I had at the time was about what I would have done if I were alive in the movement years.

Now, of course, I know: I would have been performing somewhere rather than protesting. Because that’s how the quest for justice played out today: my colleagues and pastors from Old South were at the State House rallying for equal marriage while I was rehearsing the Gurrelieder at Tanglewood.

—Someone with less of an axe to grind than mine, by the way, should look at the signs on both sides of the street from today’s protest and learn what can be learned from them about the protesters. The thing that struck me—and again, I’m biased—is the preponderance of identical “Let the People Vote” signs, professionally made (by VoteOnMarriage.org, who don’t merit a link but who also apparently trucked in cases of water), on the anti-equal-marriage side, and how the few off-message signs that appear on that side of the street are incoherent and threatening, while just about every sign on the pro-equal-marriage side is handmade and many of them are funny or thoughtful. I especially like this rebuttal to the specious “let the people vote” argument.

Fortunately there are others out there who are more proactive than me, including the Tin Man, who has decided to take advantage of his current between-positions status to try to make a new career in gay-rights law.

For more context on the constitutional convention today—and the protesters—check out Bay Windows’ liveblog. To take a look at what the other side is saying, see VoteOnMarriage.org’s “Arguments for Marriage” page, which is a fine collection of strawmen.


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(Fake Headline, Serious Point:) Movie Studios, Blockbuster File Copyright Infringement Suit Against Customer For Failing to Return DVD Rentals
That's obviously not true, but from the way people talk about Rhapsody and other music 'rental' services, they believe that the story could happen, at least in principle.  This is part of yet another misunderstanding about how the DMCA reworked the nature of copyright.

Too often, people confuse defenses of DRM+DMCA based on their ability to prevent *infringing* uses and defenses based on protection of new business models predicated on preventing *non-infringing* uses. The former defense is about protecting copyright holder's exclusive rights, the latter is in effect about expanding those rights. These days, this confusion typically involves online music rental subscription services like Rhapsody.

The DRM on Rhapsody songs can (in theory) prevent some infringing uses. But Title 17 grants the copyright holder several exclusive rights in 17 USC 106 (e.g., copying, distribution, public performance), and keeping songs after your subscription ends doesn't infringe any of them. When the DRM prevents you from listening to the song, it's limiting a private performance. The copy you downloaded was lawfully made, and you're entitled to make fair use [*1]; to the extent the uses would be protected with a purchased copy, you can move this 'rented' copy to a portable player or make a back-up copy of it [*1], for instance.

At first, this might seem strange to some, but consider a DVD you rent from Blockbuster. If you fail to return the movie, can the copyright holder or Blockbuster sue you for copyright infringement? No, they can't; you can keep watching that movie for as long as you like. Put aside DRM+DMCA and focus on 17 USC 106 for the moment -- if you rip a copy to your computer, it's a fair use just like ripping a DVD you bought at Wal-Mart; to the extent that the latter is non-infringing, so is the former. The copyright holder could argue that this ripped copy of the rental threatens the market for the work and thus is not a fair use, but ripping the purchased DVD threatens the market in much the same way; after all, if you can rip your purchased DVD, then it threatens the market by making it harder for them to sell you a second copy for use on your computer or your portable player. [*1] You can apply the same reasoning to rented or purchased VHS.

To be clear, you could be violating your contract with Blockbuster. And services like Rhapsody could sue you for violating their Terms of Service. In principle, they could get an injunction and actual damages.

However, you aren't infringing under 17 USC 106 and thus copyright holders couldn't get statutory damages on that basis. The DRM and DMCA don't change this analysis [*2], strictly speaking. If you use FairUse4WM to unwrap your Rhapsody WM DRMed songs, you may violate their ToS, you may violate the DMCA (17 USC 1201) and have to pay statutory damages, but you are not infringing (17 USC 106). The public is still technically entitled to fair use, first sale, and all your other rights under copyright, but in exercising them you might violate the DMCA.

So this suggests one way the distinction matters (the DMCA radically changes the available remedies), but there's a bigger issue here. In reality, the people who support the DMCA's protection of this business model are not supporting the protection of copyright holder's limited exclusive rights, let alone supporting the prevention of 'Internet piracy' -- they're supporting in effect an expansion of copyright holder's rights.  The DMCA gives copyright holder's essentially a broad, exclusive right to control any uses of the work and compatible devices.

Some people may still argue that we need the DRM+DMCA because it protects Rhapsody's business model and thus this expansion of rights is a good thing. You return your rented DVDs not because Blockbuster will sue you, but because they'll cut you off from renting again. Rhapsody has no similar threat to hang over your head, so you could download the entire catalog and unsubscribe.

I would dispute that the subscription models would go away for this reason, but let's assume they wouldn't offer downloads any more. The endangerment of a business model, by itself, is not a sufficient reason to extend the scope of copyright holder's rights. Title 17 entitles copyright holders to certain rights, not to certain business models. There are a lot of old and new business models copyright holders would love to protect. For instance, the movie and television studios' business models were ostensibly threatened by time-shifting, and they'd love to be able to limit it in many ways today in order to enable new revenue models. But that wasn't and isn't a sufficient reason to block time-shifting and creation of compatible devices via the DMCA, or to mandate DRM a la the broadcast flag.

A more valid argument here would be that the public benefits by protecting the rental model. Again, I would dispute that the DMCA+DRM really provides a lot of public benefit there. But, regardless, I think most would agree that there are many endangered business models that don't need protecting. I think many dislike how protection of the rental model also involves inhibiting innovation and competition in the development of compatible music devices. I think many would agree that prohibiting time-shifting and backing-up of purchased media doesn't benefit the public, even if it enables some new business models. And I bet there are many more ill-effects of the DMCA that they would disapprove of , as well.

On that basis, I think that even those who laud the DRM+DMCA's role in protecting rental models would be, on the whole, unhappy with the DMCA. To be sure, there are those who like the DMCA because it acts as a general right to control use of copyrighted works and creation of compatible devices; they laud price discrimination and platform monopolies predicated on restricting non-infringing uses. But I think many don't share that view, particularly when they see that those models aren't about stopping infringement, let alone 'Internet piracy.'

[*1 - Update: Initially, I also stuck first sale in here.  We've had an interesting back-and-forthin the comments about how I may be wrong that first sale would actually apply to the DVD or to your hard drive with the Rhapsody file on it. Indeed, a court might actually view giving away your hard drive with the song as protected by first sale, but giving the away the DVD wouldn't be, since you can keep a permanent copy of the WMA file and don't have to return it, but you were just borrowing the DVD that perhaps Blockbuster itself had acquired under a revenue-sharing license agreement rather than as an outright purchase. Thanksto my interlocutor, 'analoghole' The possible problem there doesn't affect my fair use analysis, however. Note that it also doesn't change my point that you're still entitled to first sale to the extent you were with a DRM-free, rented copy. Finally, since people are really getting up in arms about a person being able to keep the songs and use them past the subscription (that's the biz model at stake), I figured I'd just pull the first sale analysis out, for clarity's sake.]

[*2 - Update: see a minor clarification in the comments on this. If a copy is *only* non-infringing because of some implied or express license from the copyright owner that vanishes when you circumvent, then that could change the analysis.]

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How HIPAA Security Policies Affect Corporate E-mail Systems
Collaboration between healthcare professionals, their colleagues, their patients, and employers has grown progressively more digital, and e-mail has played an ever-increasing role in this communication. Although many consider HIPAA security policies to be the sole concern of health care providers, they also affect corporate email systems as Human Resources departments become increasingly involved in transmitting employee information electronically. This article explains what you need to know to bring your email security programs into compliance with HIPAA regulations.
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Wild Predictions for a Wired 2007
An anonymous reader writes "Wired has put up its predictions for the coming year, in technology, internet, and entertainment news. Despite their claim that they are 'wild' predictions, a lot of them make some sense. Some of their calls: 'Google Stock Hits $1,000 per Share. Internet Traffic Doubles to 5,000 petabits per day by the end of 2007. And 80 percent of it is peer-to-peer file sharing, mostly Skype video and BitTorrent. BitTorrent on TiVo: Speaking of, digital video recorders get BitTorrent baked in, bringing internet video to the living room. Spam Doubles: No-brainer -- but no one cares because we're all using IM, especially at work. Second Life Ends a Life: Skullduggery in Second Life -- probably digital adultery -- ends in a real-life murder. Year o' the Laptop: Half of all new computers sold in 2007 will be laptops and 20 percent of those will be Apple's MacBooks." What do you folks think? How many will Wired have called correctly by the end of the year?

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The Future is a little Brighter
David links to a posting he forwarded from the Kowari developers list (original post here) from Amit Kapoor about the future of Kowari: "The Topaz Foundation (http://www.topazproject.org) is very pleased to forward the email, from Michael H. Wallach (Senior Counsel, Northrop Grumman) to Richard Fontana...We trust that this letter will end any confusion with respect to the future status of Kowari, which has been secured, and that the community will now be able to focus on making Kowari one of the most vibrant open source projects."

"Northrop Grumman respects the rights that users of open source Kowari software receive under the MPL. Northrop Grumman intends that open source Kowari software, licensed under the MPL, is and will remain free, open source software.

Moreover, Northrop Grumman has no objection to the continued appropriate use of the "Kowari" name by developers participating in the Kowari open source project."
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MCU on the World Log of Blogs
I notice that MCU is now listed on the Web Standards and Accessibility Weblogs, compiled by Ed Nixon and the Web Standards Evengelism list.The changeover continuesIt is still not possible to upload pages to the MCU external web server from my computer within the university (and I still don't know why). But I've decided there is no going back; I will move the content and management of the site to the new CMS. And at least in the short term - you will see some strange behaviour on the site as I break and fix things.The RSS link is live again - but with a different URL. Please change to the new URL, if you would like to continue to subscribe to the MCU RSS feed (RSS 0.91 version): http://www.mcu.org.uk/xmlrss/rss.phpVisit to David Sloan at Dundee UniversityTomorrow I am going up to visit David Sloan at the Digital Media Access Group in Dundee University to talk about the possibility of doing some joint work in the area of accessible web design.
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Deeyah & Young Maylay A Deadly Combo!
In one corner you have Deeyah the exotic and sassy princess of the East also dubbed the Muslim Madonna by the UK media. In the other corner is Young Maylay hard edged from the merciless streets of LA also the actor/voice in GTA San Andreas game. Both talented artists in their own rights have now joined forces and come together to create ?What Will It Be??.The beat of ?What Will It Be?? is sexy and seductive yet the lyrical content that Deeyah and Young Maylay present in the song is tough, thought provoking, controversial and very much a sign of the turmoil filled times we are all living in. The lyrical content is already creating controversy and waves within certain circles of the Muslim communities for it?s direct, truthful and extremely defiant and rebellious tone and delivery.In a time where more socially and politically conscious music and attitude is needed within popular culture - here we go, Deeyah and Young Maylay provide exactly what the doctor ordered and are creatively a truly deadly combo! May we hear more music and messages like this from these two and others in the near future.We eagerly await the music video for ?What Will It Be?? as it?s already rumored to be even more controversial, hard hitting, edgy and sexy.
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Seitz 6x17 Digital
Bigger than Mine.. The Swiss again. I want one of those. Many thanks to Peter for the link.

A picture named seitz.jpg
[The Cartoonist]
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