EFF fights bad patent, copyright claims

I'm going to close the week with another intellectual property post. From where I sit, it can be hard to see the downside of overly strict copyright law. Patent law, on the other hand, can be a little more clear. To people on the outside looking in, anyway. The problem is real. According to the EFF's "Patent Busting Project,"

Now some patent holders have begun to set their sights on the new class of technology users - small organizations and individuals who cannot afford to retain lawyers. Faced with million-dollar legal demands, they have no choice but to capitulate and pay license fees - fees that often fund more threat letters and lawsuits. And because these patents have become cheaper and easier to obtain, the patentee's costs can be spread out quickly amongst the many new defendants. Our patent system has historically relied on the resources of major corporate players to defeat bad patents; now it leaves these new defendants with few if any options to defend themselves.

Here are some examples of patents considered bad by the EFF:

• One-click online shopping (U.S. Patent No. 5,960,411.)
• Online shopping carts (U.S. Patent No. 5,715,314.)
• The hyperlink (U.S. Patent No. 4,873,662.)
• Video streaming (U.S. Patent No. 5,132,992.)
• Internationalizing domain names (U.S. Patent No. 6,182,148.)
• Pop-up windows (U.S. Patent No. 6,389,458.)
• Targeted banner ads (U.S. Patent No. 6,026,368.)
• Paying with a credit card online (U.S. Patent No. 6,289,319.)
• Framed browsing; (U.S. Patent Nos. 5,933,841 & 6,442,574.) and
• Affiliate linking (U.S. Patent No. 6,029,141.)
  

Imagine if the holder of U.S. patent No. 4,873,662 - the hyperlink - were to sue all of the websites using hyperlinks. Every website would have to either pay up or cease to exist. Ok, they could refuse to pay up and continue to exist, but they'd be pretty boring without any links to click on.

The EFF also asserts that bad patents can also threaten free expression by allowing the patent holder to threaten anyone using the technology for any purpose, whether or not the use causes any harm to the patent holder, is used for non-commercial purposes, or the user had any idea they were even using an infringing technology.

The latest patent infringement claim on the EFF's radar is made by a company called Flightprep against a company called RunwayFinder. The EFF believes the copyright is one that should never have been granted. In their words:

this dispute is emblematic of a patent system that has lost sight of its purpose. Instead of spurring innovation by encouraging folks to invent new and better ways to do things, the system is often used to impede the development and use of interesting and valuable new tools and services.

And that is a problem. The EFF works both to fight bad copyrights and to educate people about their rights when it comes to intellectual property. To facilitate the latter they have formed a joint venture with several university law departments called the Chilling Effects Clearinghouse.

The Chilling Effects website has information for people who are active online, whether it's commenting on blogs, creating fanfiction, blogging or creating an information site about your favorite hobby, or giving your opinion of your favorite (or least favorite) person. But it's primary purpose is to catalogue, analyze and clarify cease and desist orders so if you receive one the legaleze won't overwhelm you.

The purpose of the Chilling Effects Clearinghouse isn't to enable IP infringement, it is to help people stand up to IP bullying. In the last twenty years it has become much easier to steal intellectual property. It has also become much easier to threaten and bully people into submission if what they're doing could hurt your business - regardless of whether they're doing anything wrong or not. Especially if you have a lot of money and they don't.

Suing downloaders new "revenue stream"

First it was Warner Brothers seeking an anti piracy intern in the U.K. Now it's the US Copyright Group taking a swing at stopping movie piracy. They are not doing it at the request of the MPAA, they are doing it an a straightforward attempt to find new and interesting ways to make money.

According to an article in The Hollywood Reporter, they are using a new proprietary technology that allows realtime inspection of torrent downloads. Supposedly it's been very successful in Germany. US Copyright Group has filed tens of thousands of lawsuits, with a handful being settled already, and there could be another 30,000 filed in coming months.

This tactic didn't work for the RIAA, and hopefully it won't work here despite the new technology. Litigating shouldn't be an option to avoid having to adapt to changing market conditions.

TOR cracked to catch child pornographers

Tuesday I wrote about TOR, The Onion Router. Wednesday in ZDNets "Zero Day" blog I read about a TOR server patch written for the purpose of catching child pornographers. Not just to the geographic location they are operating from, but to the computer they are working at. A worthy endeavor. But since the author, HD Moore of Metasploit fame, is releasing the source code, modified versions of the patch can be created to track anyone using TOR. This means TOR as a standalone item has become useless for protecting people who need protecting, i.e. human rights activists in oppressive countries, journalists and police under cover, and anyone with a legitimate need to keep their location hidden.

Moore (arguably) had good reason to do this. In Germany, at least, TOR is being heavily used, or is suspected of being heavily used, to traffic in child pornography, and the German authorities have been cracking down on TOR servers. But is the possible benefit in one admittedly important area worth the cost in several other important areas?

But there is an alternative the the TOR package by itself. It is also cross platform, and free. It will run on Intel Macs, Windows, and Linux. It is called JanusVM and runs in a virtual machine. It plugs the holes used by Moore's patch, and keeps your location obscured. From the Janus website:

JanusVM is powered by VMware, built on the Linux 2.6.14 kernel, and brings together openVPN, Squid, Privoxy, and Tor, to give you a transparent layer of security and privacy that is compatible with all your TCP based applications. DNS request are also passed through Tor so even your ISP doesn't know what web site you are looking at.

JanusVM is free, cross platform, and can take a little more setup than the basic TOR package, depending on how your network is setup. But if you need anonymity online, it's the best thing going now.