Computer underground Digest Sun Feb 4, 1996 Volume 8 : Issue 12 ISSN 1004-042X Editors: Ji

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Computer underground Digest Sun Feb 4, 1996 Volume 8 : Issue 12 ISSN 1004-042X Editors: Jim Thomas and Gordon Meyer (TK0JUT2@MVS.CSO.NIU.EDU Archivist: Brendan Kehoe Shadow Master: Stanton McCandlish Field Agent Extraordinaire: David Smith Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Ian Dickinson Cu Digest Homepage: CONTENTS, #8.12 (Sun, Feb 4, 1996) File 1--big bro closing in (AOL records searched) File 2--German Prosecutors now Threatening AMERICA ONLINE File 3--AP: UMass censors Zundelmirror File 4--EFC: -- Net Censorship Backfires -- File 5--First Raid to Japanese ISP for distribution of obscenity File 6--ISP's and Common Carrier status (A response to Mr. Townson) File 7--Academic Press virus book borrows from SKISM/40Hex File 8--Journal of Technology Law & Policy File 9--Gay Oregon State Rep. George Eighmey Is OUT on the Web File 10--Re: Big Copyright Ruling File 11--Cu Digest Header Info (unchanged since 16 Dec, 1995) CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN THE CONCLUDING FILE AT THE END OF EACH ISSUE. --------------------------------------------------------------------- From: "James P. Galasyn" Subject: File 1--big bro closing in (AOL records searched) Date: Mon, 29 Jan 1996 10:41:11 -0800 (PST) NJ POLICE INTERNET INVESTIGATION OF MURDER THREATENS PRIVACY Excerpted, Trenton Times, 1/28/96 Police needs vie with privacy The bizarre E.Windsor killing that led to a gay "chat room" on America OnLine (AOL) has underscored how on-line computer discussions & e-mail - thought by many users to be private - are vulnerable to routine criminal investigations. Fairfax Co. VA police assisting in the local investigation of the 1/5 murder of Hesse Unger of Hamilton, obtained a criminal search warrant and descended on America Online's Vienna, Va., headquarters Monday to perform the first such search ever of America Online records. After sifting through electronic information and e-mail all day, officers confiscated dozens of files and turned them over to authorities in New Jersey. East Windsor Detective John Funda said local police received the files Thursday evening, but had not yet examined them. The search of the America Online (AOL) computers has sparked fierce debate on the Internet and given law enforcement agencies food for thought. Although civil and criminal court subpoenas have been served on on-line services in recent years, this week's search warrant has demonstrated law enforcement's ability to reach information some computer users incorrectly thought was confidential. "IN FIVE YEARS, we are going to see police pulling someone's America Online records or Compuserve records" commonly, said David Banisar, an analyst for the Washington-based Electronic Privacy Information Center, 'a watchdog group specializing electronic communication issues. "They are going to have access to very personal, private information," he said. "They will be able to read your messages, find out who you talk to, even what your fetishes might be. And right now, very little of that information is being protected." But law enforcement sources said that to obtain most computer records, investigators will have to seek search warrants under the same standards that now apply to searches of private homes and businesses. Still, police are enthusiastic about the potentially incriminating information stored in computers. "It's an 'area in the future that we'll look at as an avenue to gather information and evidence," said Fairfax County Police Lt. Judi Lukens Torian. "We don't want to overstep our bounds, and this would be used only in necessary cases. But there is a lot of information on those disks that could,be vital to cases." The case that led to the search began Jan. 5 in East Windsor when police found the lime-covered body of Unger, 38, wrapped in a blue plastic tarpaulin in the basement of George Hemenway's Jeffrey Lano home. Hemenway, 39, has confessed to shooting and killing Unger while a 15-year-old Hamilton boy looked on ' prosecutors said. The teenager, whose name is being withheld due to his age, told The Times that he, Unger and Hemenway had met through AOL. The boy said the three computer users often met in an AOL chat room titled "NJ M4M," which is the shorthand title for "New Jersey Men for Men," a gay-themed chat room. CHAT ROOMS allow users with common interests to exchange electronic messages as they sit before their computers, which are connected to the service by modems and phone lines. Two other AOL users - Michelle Benson, 24, of Trenton and Timothy Brown, 24, of Hightstown - became involved in the East Windsor murder case when Hemenway asked them to help remove Unger's body from his basement, prosecutors said. Benson later informed police about the body, and she and Brown have been charged with tampering with evidence. Fairfax County police obtained the AOL search warrant and handed over their information to local investigators, who already had seized the computers of Hemenway, Unger and the teenager, said East Windsor Detective John Funda. A computer expert with the New Jersey State Police Technical Support Unit has begun examining the files stored on the hard drives of those computers, Funda said. "One of the computers we're looking at had a lot of files that were deleted. Someone was deleting like crazy," said Funda, who added that experts often can retrieve files that have been deleted from a hard drive. The combined information from the hard drives and the AOL search may shed light on the motive and planning of the homicide, Funda said. It's possible the hard drives will contain much more information than was turned up with the AOL search, because the on- line provider does not archive chat room conversations, and e-mail sent between members is purged from the AOL system five days after it is read, AOL spokeswoman Pam McGraw said. Unread e-mail is purged from the system after 30 days, the spokeswoman said. ON THE OTHER HAND, computer users can easily choose to save permanent copies of their on-line excursions to their hard drives. Several crime and computer specialists said Thursday that the East Windsor case is the first time they had heard of a homicide victim meeting his attacker on-line. And the unusual case has led investigators into controversial terrain. Appeals courts have not specifically ruled on law enforcement access to such records, but Congress is considering several bills that would try to curb some behavior online, including criminalizing indecentspeech. Banisar, whose group advocates special due process protections before authorities can search on-line users' data, said Monday's search illustrates how people other than the targets can be scrutinized in a cornputer-based criminal probe. Mary J. Culnan, a Georgetown University associate professor and expert on computer privacy laws, said many computer users believe what they write on-line "goes off into the cosmos, never to be seen again. They don't know there is an archives. "We already grapple with the issue of police overstepping its bounds," Culnan added. "With technology today, that becomes even more creepy." McGraw of AOL said it is the company's policy to comply with subpoenas and that the service cooperated fully with this investigation. "We certainly respect and abide by our customers' right to privacy," she said. "But we also are going to follow the law. We have 4.5 million customers - that's the size of a city. When we have some problems, we have to deal with it responsibly." Posted in To subscribe, send this message: subscribe pol-abuse To this address: ------------------------------ Date: Fri, 2 Feb 1996 19:13:52 -0500 From: PNOEric@AOL.COM Subject: File 2--German Prosecutors now Threatening AMERICA ONLINE FYI. From Cowles/SIMBA Media Daily 2/2/96. GERMAN PROSECUTORS NOW THREATENING AMERICA ONLINE German prosecutors now are threatening to file criminal charges against America Online as well as CompuServe for allowing access to a neo-Nazi World Wide Web site. The charge would be inciting racial hatred for allowing access to material that contends the Holocaust never happened. Publishing or distributing neo-Nazi or Holocaust-denial literature is a crime in Germany. Mannheim prosecutors are attempting to ban access to a site run by a German-born activist named Ernst Zuendel, now said to live in Toronto. Zuendel runs The Zundelsite at Last week CompuServe Inc. and a German company, T-Online, were threatened with legal action and T-Online shut off Web access. Now America Online, which recently began service in Germany in partnership with Bertelsmann AG, has been threatened. AOL CEO Steve Case said in a statement that "this could be one of the most important developments affecting our industry." He said AOL will discuss the issue with German prosecutors and explore the options available. The online services take the position that, like telephone companies, they are a common carrier and not responsible for content put up by others. Zuendel's site is hosted by Web Communications of Santa Cruz, CA, which sells Web space and boasts that it is home to 1,536 Web sites, including Tupperware and Jamaica tourism. Rob Gelphman, a spokesman for the company, told Media Daily that the company views itself as a common carrier "like the Postal Service. If we monitor or edit the content, we become a publisher, and therefore liable. But we don't like what this guy is doing." He said the company has not been contacted by German authorities. Ironically, traffic on Zuendel's site has been "unbelievable" because of the publicity, Gelphman said. Last December, Bavarian prosecutors forced CompuServe to prevent millions of customers worldwide from accessing some 200 sexually oriented Internet newsgroups. ------------------------------ Date: Fri, 2 Feb 1996 19:42:46 -0500 (EST) From: "Declan B. McCullagh" Subject: File 3--AP: UMass censors Zundelmirror UMass Shuts Down Web Site Containing Material Discounting Holocaust By Associated Press, 02/02/96 BOSTON (AP) - A University of Massachusetts graduate student has been ordered to remove material he posted on a web site of the school's computer system that claims the Nazi Holocaust never happened. Lewis McCarthy said he posted the writings to protest attempts by the German government to censor the Internet. McCarthy said he is not a neo-Nazi, just an advocate for absolute freedom of speech. [...background on zundel...] The action sparked protest from Internet users around the world. Two free-speech advocates, Rich Graves at Stanford University and Declan McCullagh at Carnegie-Mellon University, obtained the material from Zundel's web site and posted it on the Internet. [...object is to spread zundelish material to make difficult to censor...] McCarthy said he joined in the effort because he believes the threat of censorship is worse than Nazi propaganda. ``Deutsche Telekom is trying to suppress unpopular speech,'' McCarthy told The Boston Globe, ``and I believe that's wrong and dangerous.'' [...] ------------------------------ Date: Thu, 1 Feb 96 20:37:14 EST From: djones@INSIGHT.MCMASTER.CA(David Jones) Subject: File 4--EFC: -- Net Censorship Backfires -- URL = -- ELECTRONIC FRONTIER CANADA (EFC) --- PRESS RELEASE (For immediate release --- February 1, 1996) Net Censorship Backfires Germany's clumsy attempt to block access to specific sites has resulted in the controversial information being copied all over the Internet. German prosecutors are at it again -- bumbling around in cyberspace, trying to block access to information they think might be illegal under German law. According to some reports, the prosecutors hope the case will end up in court where it may start to resolve some of the uncertain legal issues about who is responsible for information accessible through computer networks. They've declared a computer in Santa Cruz, California ( to be 'off limits' because one of Web Communications' more than 1,500 customers is Ernst Zundel -- a Canadian resident notorious for claiming the Holocaust is a Jewish hoax. Stefan Althoff, spokespeson for Deutsche Telekom, indicates his company's T-Online service (Germany's largest) has complied with a request from the Mannheim prosecutor's office. ``We have blocked access via the Internet to Herr Zuendel and his information,'' he says. * Smoke and Mirror Sites * ``What's ironic, is that this latest attempt at censorship has backfired. Instead of limiting the audience for Zundel's propaganda, Germany's clumsy attempt to block access has resulted in the information being copied to new locations in cyberspace and becoming even more accessible, ... and with the publicity, more people might want to visit these web pages to see what all the fuss is about,'' says David Jones, president of Electronic Frontier Canada, a non-profit organization that advocates freedom of expression on the Internet. ``It's rather unfortunate,'' says Jones, who stressed that EFC ``strongly disagrees with Zundel's views.'' So-called 'mirror sites', which contain copies of Zundel's propaganda, are springing up at various locations in the world-wide-web. ``It reminds me of the Greek myth in which Hercules battled the many-headed serpent, Hydra. Whenever he sliced off one head with his sword, two more grew back in its place,'' comments EFC vice-president, Jeffrey Shallit. The appearance of so many mirror sites is partly due to the efforts of Declan McCullagh, a free speech activist, who has packaged up the controversial information into a single file and posted a message in a Usenet newsgroup with instructions on ``how to open your very own Zundelsite mirror archive in five minutes or less.'' So far there are at least ten mirror sites, including ones at Carnegie Mellon University, Stanford University, and MIT. ``If Germany starts to prevent their University's from connecting to other Universities outside the country, it defeats the purpose of them being on the Internet in the first place,'' observes David Jones. * Detours on the Infobahn * Mirror sites aren't the only headache for German censors. The oft-quoted adage: ``The Internet recognizes censorship as damage and routes information around it'' still rings true. ``Students in Stuttgart, Germany who can't access Zundel's web pages directly can still visit them indirectly, by using an innovative and award-winning web site in Toronto called the 'Canadianizer','' explains Jones. [ URL = ] Created as a sort of joke, this web site in Toronto, allows you to type in the URL of *another* web site that could be anywhere in the world. The computer in Toronto then fetches a copy of that web page and inserts a few 'Canadianisms', such as ending a sentence with 'eh?'. Once Canadianized, the web page is displayed for you. But since the page appears to be coming from Toronto, the German blocking mechanism will be fooled -- it cannot detect that the information really originated in California. ``It's just a detour on the Infobahn,'' says Jones. * Information wants to be free; Information wants to be true * If censorship won't work, you might wonder, what should be done about people like Zundel who spread hate and lies? ``Zundel thrives on publicity,'' says EFC's Jeffrey Shallit. ``The right right way to deal with him is either to ignore him, or to counter his propaganda with the truth about the Holocaust.'' Shallit points to the efforts of the 'Nizkor Project', based in Vancouver, which has assembled a huge electronic archive on the Holocaust that researchers around the world can consult to counter the bogus claims of Holocaust deniers. ``Anyone with an open mind will see who's telling the truth,'' says Shallit, who himself lost many relatives in the Holocaust. The approach is not new; Justice William O. Douglas, said in 1958: ``The way to combat noxious ideas is with other ideas. The way to combat falsehoods is with truth.'' Ken McVay, who runs the Nizkor Project, was recently named to the prestigious 'Order of British Columbia' for his successful work fighting hate in Canada and elsewhere. Montreal newspaper reporter, Matt Friedman, recently wrote: ``... while the mainstream and the traditional authorities dither about, befuddled by the growth and power of the on-line medium, unable to settle on either a coherent plan of action or a means of combating hatred without bringing down the Internet in its wake, McVay and his colleagues are doing battle -- and winning.'' -30- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EFC Contact Information: Electronic Frontier Canada Dr. David Jones phone: (905) 525-9140 x24689 fax: (905) 546-9995 email: Dr. Jeff Shallit phone: (519) 888-4804 fax: (519) 885-1208 email: Dr. Richard Rosenberg phone: (604) 822-4142 fax: (604) 822-5485 email: Electronic Frontier Canada, online archives: URL: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Other Contact Information: The original "Zundelsite" The company that runs the computer that houses the "Zundelsite" is "Web Communications", 125 Water St, Suite A1, Santa Cruz, CA 95060 They are directing media inquiries to: Rob Gelphmanphone: (408) 451-8420 email: The "Canadianizer" was created by Rob Stanley and Andrew Chak. This site was awarded a *prize* by a Toronto radio station (102.1 FM "The Edge") and a software company "InContext Spider". URL: Declan McCullaghphone:(412) 441-6768 email: Declan McCullagh's page on circumnavigating German censorship, URL = html The Nizkor Project combats hate propaganda by telling the truth. URL: Ken McVay is director of the Nizkor Project, email: The Simon Wiesenthal Center (Toronto Office) is concerned about online hate propaganda. Their spokesperson in Canada is Sol Littman. phone:(416) 864-9735 The Simon Wiesenthal Center (Los Angeles office), phone: (310) 553-1303 Matt Friedman, Montreal newspaper reporter who has covered the issue of hate propaganda on the Net extensivelyphone: (514) 486-3613 email: ------------------------------ Date: Thu, 1 Feb 1996 22:21:31 +0900 (JST) From: Kenji Rikitake Subject: File 5--First Raid to Japanese ISP for distribution of obscenity Nikkei Shimbun Newspaper Morning Edition, Page 39, February 1, 1996 edition wrote that on January 31st Tokyo Metropolitan Police investigated an Internet Provider in Sumida-ku, Tokyo (Mainichi Shimbun reported that the provider was Bekkoame/Internet) for alleged distribution of obscene graphic materials, along with two members of Bekkoame, one aged 28 lived in Edogawa-ku, and the other aged 18 lived in Shinagawa-ku, both in Metropolitan Tokyo. The police says that the 28-years-old member put 67 obscene pictures for open retrieval through Internet since last December, and that the 18-years-old member put 8 obscene pictures since last September. Nikkei shimbun says the police would arrest the 28-years-old member soon. This is the first time for Japanese Police to arrest persons who distribute what-police-considers-obscene materials on the Internet, while there has been a few cases of similar investigation on non-Internet BBSes. Japanese Criminal Law Article 175 says distribution of obscene pictures or literatures constitutes a crime of maximum 2 years imprisonment with labor or a maximum fine of 2,500,000yen. My questions: Is the ISP (Bekkoame/Internet) liable on relaying pornographic materials? What about pornographic anime pictures widely available in the Internet? Well, one thing is for sure: beware of getting raided, Japanese underground activists. // Kenji Rikitake ------------------------------ Date: Mon, 29 Jan 1996 12:57:45 -0800 (PST) From: Jeremy Lassen Subject: File 6--ISP's and Common Carrier status (A response to Mr. Townson) >there is no prohibition >against you starting your own newspaper to print it instead. An ISP >who takes a responsible approach and refuses service to any variety >of clients -- Patrick Townson Seems to be missing an important point here. ISPs are not Newspapers. They are not even Content providers. They are Common Carriers. As soon as an ISP starts deciding who and what they will carry, they make themselves liable for everything that originates, or passes through their system. Mr. Townson says to this What a cop out! What a damn cop out!!!! This is not a cop out'. his is a smart and necessary business decision. One of the major On line providers (Prodigy, I think) was FOUND LIABLE for a user's post BECAUSE THEY CLAIM TO CONTROL AND REGULATE what goes on their system. The judge ruled that the service provider did not have common carrier status because of this. >From a legal standpoint, the moment ISP's decide they will not carry something, they are saying they are responsible for everything they do carry, including e-mail, public posts, FTP sights, Websights, etc.... If Mr. Townson wants to publish a newspaper, electronic or otherwise, he can decide what he wants to carry. But If he wants to be a common carrier (ISP), And have the protection that the law provides for common carriers, He can not simply block a certain group, or person because he finds their politics or ideology offensive. This is not a cop out. THIS IS THE LAW! Neo-Nazi's use the telephone system. Should AT&T refuse to allow them to use the phones, just because they don't agree with what the Neo-Nazi's are saying? Of course not. In fact, they could be sued if they tried to do so. The bottom line is, If an ISP is willing to take responsibility for EVERYTHING that comes and goes through its system, then by all means, refuse to carry and propagate any offensive material, BUT if they want common carrier protection, they can not pick and choose what they will and will not carry. There is a legal precedent for this. I think all ISP's should keep this in mind before they start refusing to carry things. ISP's are not content providers, and they are not publishers. They are common carriers. Aside from any questions of liability, The best response to Mr. Townson was made by Voltaire, hundreds of years ago -- I disapprove of what you say, but I will defend to the death your right to say it. Keep talking Mr. Townson. Just because I find your blatant disregard for the first amendment offensive, If I were your ISP, I would not prohibit you from using my service, nor would I refuse to propagate any messages of yours that passed through my system. ------------------------------ Date: Thu, 18 Jan 1996 19:17:48 -0600 (CST) From: Crypt Newsletter Subject: File 7--Academic Press virus book borrows from SKISM/40Hex Faithful readers of Crypt Newsletter know that when they see the tired hacker bromide "Information wants to be free!" it's time to grasp the wallet firmly because a ripoff is in the making. Danish programmer Rune Skardhamar's computer virus book for Academic Press ($35 cash money) drop-kicks the reader with cliches like "Information [on computer viruses] needs to be free" in the introduction and goes steadily downhill with a collection of humorous errors, non-working computer virus samples pulled from virus exchange BBSes and rudimentary anti-virus programs which, if assembled, either corrupt computer files or pronounce virus-infected programs clean. One source for the book is phalcon/SKISM's 40Hex magazine which Skardhamar calls possessed of a "propagandist" view of computer viruses. Paradoxically, one of the viruses included in the book is a direct action .COM-infector produced by the earliest version of the phalcon/SKISM MPC virus-maker software which, as published, does not work. Skardhamar's PS-MPC virus sample contains a small error in one of its DOS function calls that ensures its code cannot be written to host files and while it's an easy correction for most people familiar with computer viruses, it's probably beyond the ability of the audience of beginners at which the book is aimed. Purely by serendipity, this is to Skardhamar's advantage. Here's why: "Virus Detection and Elimination" also comes with a companion diskette containing some TASM-compatible assembly language programs written by the author for the purpose of detecting and disinfecting the viruses included in the book. The "disinfector" for the PS-MPC virus is quite novel in approach: It cleans the virus by truncating infected programs by the virus's length and then overwriting the remainder of the program with garbage from memory, totally corrupting the file. This appears to be another laughable gaffe which most readers won't run across simply because the virus the book's "cleaner" is paired with isn't contagious. Another interesting example of Skardhamar's approach to virus detection is the scanning program designed for a companion virus included in the book. The virus, written by "Wonko the Sane" and dubbed "The slightly orange avenger" works if you detect the typo in the code and add a space. (Even for those who don't recognize it, the error is so small that running the instructions for the virus through any assembler will flag it and prevent compilation until a correction is made.) However, the scanner for "Wonko the Sane's" companion virus doesn't work, instead inspecting infected files, the binary images of the virus, and gaily announcing to the user "OK"! Although not all of the programs on Skardhamar's diskette were tested, the reader might approach the code (particularly the detection and disinfection routines) slowly, given the performance of other examples offered upon it. Indeed, disclaimers peppered liberally across the diskette balefully proclaim: "No responsibility whatsoever will be taken for any damage incidential [sic] or otherwise resulting from the use or misuse of this program. Neither will responsibility be taken for omissions or errors in the code, comments etc. You are now resonsibly [sic] for your own actions." This type of indirect warning that the reader is about to suffer a computer hotfoot is paraphrased straight from the computer virus underground. The point to be made here, and which I suspect was a bit beyond the technical editors at Academic Press when they went over the manuscript - is "Virus Detection and Elimination" is in many ways, simply the product of trolling virus exchange BBSes and refitting the subject matter recovered in a more expensive-looking suit. It's fair to say that lay readers will find portions of "Virus Detection and Elimination" extremely fascinating but it would have been easier on consumers to give it a title like "What I Found After a Few Months of Visiting Virus Exchanges on BBSes and the Internet" since there is nothing in the book's enclosed programing that is of much practical use in "detection and elimination." Of course, a good editor could shorten the new title to something a bit more zippy and saleable. Additionally, "Virus Detection and Elimination" covers technique, also apparently lifted from 40Hex and other files from the computer underground, on making viruses refractory to trivial attempts at analysis. In its computer virus history portion, retold again is the legend of Bulgaria as computer virus factory for the world. The story has been repeated and exaggerated so often for magazines and newspapers it's now an inescapable tenet of computer virus lore. An enterprising individual in search of a few quick bucks would be smart to consider printing up some black T-shirt's, perhaps emblazoned with "I survived the Bulgarian computer virus factory!" and setting up a kiosk at hacker conventions in 1996. Dave Hannon, an editorial staffer at Academic Press, commented to Crypt that English was Skardhamar's second language. For readers of "Virus Detection and Elimination," it's, uh, noticeable. As for the faults in the anti-virus programs and viruses included with the book, Hannon also conceded appraising the material and code included in the book was beyond the technical ability of its American publisher and it fell to the author to look over his own material for mistakes of this nature prior to publication. "Please do not use the information carried in this book to wreck havoc," Skardhamar writes near the end of his book. He means "wreak havoc." Further, he writes, "Any stupid fool can make a virus; the genius is the one who will put the coding techniques to some creative use." In view of the "code" included with "Virus Detection and Elimination," this statement - as Skardhamar's parting shot - is a bone-crusher. His bones, though, not yours, making the book a solid collector's item amid the increasing "lore" devoted to the world of computer viruses. Crypt Newsletter ------------------------------ Date: Thu, 01 Feb 1996 12:54:25 -0500 From: altom@NERVM.NERDC.UFL.EDU Subject: File 8--Journal of Technology Law & Policy Journal of Technology Law & Policy University of Florida College of Law ****************************************** CALL FOR PAPERS ***************************** Spring 1996 The Journal of Technology Law & Policy is devoted to exploring the legal and policy issues raised by emerging technology. We invite contributions of original works for our Spring, 1996 issue. Student contributions are encouraged. To promote access to the Journal, the Journal will be published on the World Wide Web. Submissions to the Journal are encouraged to take full advantage of this medium. Relevant graphics, sound, and video may be utilized. There are no length limitations for submissions. Submissions must include a copy in electronic form. All citations should be in Bluebook and endnote form. Please include the URL of any cited information available online. _____________________________ Fax number: (352)-377-7655 Mailing Address: Journal of Technology Law & Policy University of Florida College of Law P.O. 117640 Gainesville, FL 32611-7640 ------------------------------ Date: Sun, 28 Jan 1996 23:07:00 EST From: davidbat@PRODIGY.COM(MR DAVID W BATTERSON) Subject: File 9--Gay Oregon State Rep. George Eighmey Is OUT on the Web by David Batterson PORTLAND--Oregon State Rep. George Eighmey (D-Portland), a longtime prominent figure in Oregon's GLBT community, has now launched his own site on the growing World Wide Web. Eighmey has been out for some time now, and has no qualms about appearing publicly in an electronic venue that reaches worldwide. In addition to information on current legislative proposals, there are links to other governmental Web sites in the state and elsewhere. He has worked in the State Legislature on issues revolving around corrections, children and families, and the rights of the terminally ill. In addition to lawyering, Eighmey is a community activist, donating his time to the Oregon Gay and Lesbian Law Association, Our House of Portland (an AIDS hospice), REACH Community Development, Ladd's Addition and Hosford-Abernathy Neighborhood Associations and the Oregon Speak Out Project. The Web address for Rep. George Eighmey is: E-mail: ### David Batterson's Web site is at: Or you may e-mail him via: ------------------------------ Date: Thu, 1 Feb 1996 11:36:23 +0000 From: Joshua M.K. Masur Subject: File 10--Re: Big Copyright Ruling On 1 Feb 96 at 10:40, I wrote: > Quoth _US Law Week_ vol 64 no.28, pp. 64 LW 1109-1110: > > "A competitor that copied a CD-ROM telephone directory and then > made that information accessible via an original search program on > the Internet did not commit a copyright violation[.]... [T]he > court held that the 'shrinkwrap license' employed by the CD-ROM > manufacturer to limit the use of its product is unenforceable...." > > The case in question is ProCD v. Zeidenberg, decided by the US > District Court for the Western District of Wisconsin, 95-C-671-C > 1/4/96. > > "The listings are ... a collection of facts arranged in a > non-original fashion" and therefore not subject to copyright; > furthermore, the court recognized that the defendant was not > actually publishing the raw data on the net, but providing > added-value -- search results. The court relied on precedent (Feist Publications, Inc. vs. Rural Telephone Services Co., 499 US 340, 1991) that states that phone company "white pages" are not copyrightable because they contain raw information lacking "the minimum degree of creativity necessary to constitute a copyrightable compilation of facts." [US Law Week 64 LW 2451]. This appears likely to stand up to appeal. > Most important to us all, though, the "license contained on the > discs' packaging is not bargained for by the product purchaser and > thus is unenforceable under Sections 2-206, 2-207, and 2-209 of > the Uniform Commercial Code." Basically, the buyer doesn't have > "adequate opportunity" to review the terms of the contract before > purchase to validate it as a contract. The legal theory behind this finding is that because licences try to replace any actual agreement between the producer and consumer of software, the software becomes goods, rather than services, and is thus subject to limitations of the UCC. "[T]he terms...[are] not the time of sale[;]... the [user does] not receive the opportunity to inspect or consider those terms." [US Law Week 64 LW 2451] Specifically, it cites the fact that licenses often change between initial purchase and upgrade purchase as rendering them invalid generally. This is sure to be challenged on appeal, with briefs no doubt filed by the Sofware Publishers' Association, among others. It remains unclear whether this portion of the decision will stand over the long term, but clearly, the potential impact is huge. Please note that I am not a lawyer and am bringing this subject up for your information, discussion, and review. ------------------------------ Date: Sun, 16 Dec 1995 22:51:01 CDT From: CuD Moderators Subject: File 11--Cu Digest Header Info (unchanged since 16 Dec, 1995) Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost electronically. CuD is available as a Usenet newsgroup: Or, to subscribe, send post with this in the "Subject:: line: SUBSCRIBE CU-DIGEST Send the message to: DO NOT SEND SUBSCRIPTIONS TO THE MODERATORS. The editors may be contacted by voice (815-753-0303), fax (815-753-6302) or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115, USA. 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