No. 6.5 <--The Filter--> 3.15.04
Your regular dose of public-interest Internet news and commentary
H a r v a r d L a w S c h o o l
 In the News: The Long Arm of the Law
 Case in Point: All Nations Represent
 Berkman News: Come Together
 Conference Watch
 Bookmarks: Clarifications
 Quotables: Whatchamacallit
 Talk Back
 Subscription Info
 About us
 Not a Copyright
 IN THE NEWS
* CANned by SPAM
The first major industry lawsuits under the CAN-SPAM act have been filed. AOL, Microsoft, Earthlink, and Yahoo! are suing hundreds of individuals for sending unsolicited email to their customers.
Text of complaints:
* Domain Name Registrars Go Litigious
Approval of VeriSign's Wait Listing Service (domain name pre-registration) spurred eight registrars to sue ICANN. But if the court decides that ICANN is committing anti-trust violations, will Internet governance by an independent body be a thing of the past?
* Cybernews From Around the Globe
AOL Tests Wireless: <http://news.com.com/2100-1039-5172183.html?tag=nefd_hed>
Tighter Piracy Restrictions: <http://news.bbc.co.uk/2/hi/technology/3545839.stm>
Anti-Spam Action: <http://uk.news.yahoo.com/040309/323/eo2jy.html>
Cybercrime Act Drafted: <http://allafrica.com/stories/200403110222.html>
Trying to Get Around the Firewall: <http://news.bbc.co.uk/2/hi/technology/3548035.stm>
No Cybercafes Near Schools:
Email Blocked by Comcast Error: <http://news.com.com/2100-1038_3-5168643.html>
* Theories of Blogging - the Post-Dean Analysis
Political scientists and bloggers are scrambling to make sense of the purpose and power of blogs in American politics since the abrupt rise and fall of the Dean campaign. Some have argued that blogs function as "echo chambers" - a forum for likeminded people to talk to each other without engaging in the community at large. Other studies which analyze blogs by comparing them to traditional media have found that blogs can serve as a powerful tool for educating, spreading information, and raising campaign dollars.
On the Echo Chamber Theory:
On comparisons of blogs with other media:
On blog fund raising:
More on politics and blogging:
* November Looms Large for EVoting
In November's American presidential election, nearly half of voters will use touch screens as opposed to paper or mechanical ballots. Security and technical issues, however, are raising concerns as primaries test the electronic systems.
 CASE IN POINT
The Case in Point is Caldera (SCO) v. IBM, also called the case against open-source.
See Groklaw's collection of case materials at <http://www.groklaw.net/>.
Lest you think this case has nothing to do with you, note that SCO has now begun suing Linux users directly. Last week, SCO announced that it had filed complaints against auto parts retailer AutoZone and automaker DaimlerChrysler. CEO McBride is mimicking the Recording Industry Association of America's lawsuits against music file swappers, claiming, "It wasn't until the RIAA launched a series of lawsuits against end-users that the end users became fully educated."
Shankland, CNet News, "SCO suits target two big Linux users" at
This month's discussion question is pitched to our non-US readers. Does your country recognize any "fair use" rights of end-users to make copies of software for the purpose of running applications?
Will Linux users in your jurisdiction be influenced by SCO's litigation strategy in other nations?
How easy will it be for SCO to bring such an action in your country?
If you want to join in, and we hope that you will, please go to
<http://blogs.law.harvard.edu/suelinux/> where we are trying a new blog-style discussion application.
Case in Point is an ongoing series of discussions targeting particular legal issues raised as an actual case proceeds. For current summaries of the case and an archive of documents, see
Groklaw, Legal Docs, SCO v. IBM, at <http://www.groklaw.net/staticpages/index.php?page=legal-docs>
and TwikiWeThey, SCO v. IBM, at <http://sco.iwethey.org/>.
 BERKMAN NEWS
* Tell Me What You Want
A Filter Flash went out in early March offering all Filter readers a chance to speak your minds about what you like about and how you would improve the publication. Many thanks to those who have submitted their comments. If you missed out, here's your chance to complete the five-minute survey:
* Filtering Project Expands with OpenNet Initiative Launch
OpenNet Initiative, a project documenting filtering
and surveillance practices worldwide in order "to excavate, expose and analyze,"
has recently launched. The
* Weblog Community to Convene at Berkman in April
BloggerCon will take place April 17th at
 CONFERENCE WATCH
* The Grey Album Rocks the Music Industry
* Which Rule of Civil Procedure Are You? (via Bag & Baggage)
* Confusing DMCA "Database" Decision Not About Databases, by Ernest Miller
* How I Lost the Big One, by Professor Lawrence Lessig
* EFF Joins Suit Against Broadcast Flag (via Copyfight.org)
"The author of this blawg secretly cringes each time he uses the words 'weblog,' 'blog,' or 'blawg,'
but he thinks these words have entered the language. He thinks anyone who is upset about his use of
these words should just get over it." -- Evan Schaeffer, this and much more at
"Blogging, in my view, is a word that is a closer analogue to 'cold, dead fish' than to 'sushi.'" --
Berkman Fellow James Moore
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