"A student law clinic is about to cause a revolution" says p2pnet. For the first time in the history of the RIAA's ex parte litigation campaign against college students, a university law school's legal aid clinic has taken up the fight against the RIAA in defense of the university's college students. Student attorneys at the University of Maine School of Law's Cumberland Legal Aid Clinic, under the supervision of law school prof Deirdre M. Smith, have moved to dismiss the RIAA's complaint in a Portland, Maine, case, Arista v. Does 1-27, on behalf of 2 University of Maine undergrads. Their recently filed reply brief (pdf) points to the US Supreme Court decision in Bell Atlantic v. Twombly, and the subsequent California decision following Twombly, Interscope v. Rodriguez, which dismissed the RIAA's "making available" complaint as mere "conclusory", "boilerplate" "speculation". The 2 students represented by Cumberland join the 8 students represented by a prominent Portland law firm, bringing to 10 the number of University of Maine students fighting back in this case.

The RIAA is apparently having an allergic reaction to the request by the State Attorney General of Oregon for information about the RIAA's investigative tactics, in Arista v. Does 1-17, the Portland, Oregon, case targeting students at the University of Oregon. See The Oregonian, December 1, 2007 ("UO suspects music industry of spying") and p2pnet, November 29, 2007 ("RIAA may be spying on students: Oregon AG"). Not only are the record companies opposing the request (pdf), they're asking the Judge not to even read it. (pdf) Commentary: "RIAA scorns Oregon University request".

The RIAA's latest anti-college round of "early settlement" letters targets 7 out of 8 Ivy League schools, but continues to give Harvard University a wide berth. This is perhaps the most astonishing display of cowardice exhibited to date by the multinational cartel of SONY BMG, Warner Bros. Records, EMI, and Vivendi/Universal (the "Big Four" record companies, which are rapidly become less "big"). The lesson which other colleges and universities should draw from this latest of many acts of cowardice: "All bullies are cowards. Appeasement of bullies doesn't work. Standing up to bullies and fighting back has a much higher success rate."

Since this is not yet documented, I figured I would mention this here now... we are experimenting with some very rudimentary keystroke navigation in the discussion2 system. We support both FPS style WASD keybindings, as well as the standard vi layout of HJKL. Down/Up will cycle you through next/previous comment chronologically... left/right will cycle you through next/previous in thread order. Holding SHIFT down while you press the navigation key will collapse the previous comment. And when you get to the end, pressing down or right will attempt to retrieve more comments if you want them.

What this means is that you can now use D2 to simulate most of the most popular viewing modes of the original discussion system. By dragging both the abbreviate & display sliders right next to each other you effectively remove abbreviated comments which simulates nested mode. By toggling comment retrieval order to 'Oldest First' and using up down, you can effectivel read the discussion from oldest to newest. And of course the default settings gives you the best comments first, providing a nice default view of discussions for most anonymous users (who rarely participate and we want to really show only the best comments).

You can also disable D2 in the comment prefs (the word 'prefs' in the floating dialog box) if you are logged in. Right now we're testing D2 for a large percentage of anonymous readers. As soon as we finish IE7 support we'll roll out D2 for the rest of the ACs.

Ohio University, in Athens, Ohio, has found the key to getting the RIAA to stop inundating it and its students with "settlement" letters. According to the university's student online publication, the university paid $60,000, plus $16,000 per year "maintenance", to Audible Magic, the business partner of the RIAA's all-purpose expert witness Dr. Doug Jacobson, for its "CopySense" filtering software. Once it made the payments, the letters stopped. This of course raises a lot of questions as to the 'disinterestedness' of Dr. Jacobson, whose deposition in the UMG v. Lindor case was the subject of interesting Slashdot commentary.

Judge David G. Larimer, presiding in Rochester, New York, has denied an RIAA application for default judgment on the ground that the RIAA's evidence was insufficient, in that it contained no details of actual downloads or distributions, and no sufficient evidence that defendant was in fact Kazaa user "heavyjeffmc@KaZaA". The decision (pdf) concluded that "there are significant issues of fact regarding the identification of the defendant from his alleged "online media distribution system" username". (In case you're unfamiliar with the term "online media distribution system", that's because it is a term the RIAA coined 4 years ago to describe p2p file sharing accounts in its lawsuits; the term is not known to have been used by anyone else anywhere else.) In August a similar RIAA default judgment motion was denied on the ground that the pleadings failed to allege sufficient factual details supporting a claim of copyright infringement, in a San Diego, California, case, Interscope v. Rodriguez.

I'd completely forgotten I wrote this three years ago:

Joshua Kinsberg has been released. But his bike and invention are impounded, at least until his court date on Friday (after the RNC is over).

http://www.msnbc.msn.com/id/5850151/

NYC's anti-graffiti law is very strict:

http://www.nyc.gov/html/nograffiti/html/legislation.html

"No person shall write, paint or draw any inscription, figure or mark of any type on any public or private building or other structure or any other real or personal property owned, operated or maintained by a public benefit corporation, the city of New York or any agency or instrumentality thereof or by any person, firm, or corporation, or any personal property maintained on a city street or other city-owned property pursuant to a franchise, concession or revocable consent granted by the city, unless the express permission of the owner or operator of the property has been obtained."

I wonder if the framers of that law realized they were banning kids from chalking hopscotch onto their schools' playground or onto the sidewalks in front of their houses. I wonder how many children have been arrested for chalking up a 4-square game.

One important point: the police did not see the chalk-spraying invention being _used_. So the inventor probably could not have been charged with the above law. But the only other anti-graffiti laws describe "aerosol spray paint cans," and the video of the arrest clearly shows the inventor explaining to the police that it uses chalk, not paint. Predictably, the New York Post gets that wrong, describing the invention as "a convoluted spray-paint mechanism": http://www.nypost.com/news/regionalnews/29532.htm

Earlier this month, a family was threatened with a $300 fine for their 6-year-old girl's drawing with sidewalk chalk.

On her own front step.

It's legal of course. The police screwed up. Notice the final clause from the law as of 2004 ("unless... permission of the owner... has been obtained") and the similar clause from the 2005 law Natalie Shea was threatened with (only if "not consented to by the owner").

But a street artist was later arrested for drawing on the sidewalk with chalk (while being filmed by PBS about his artwork!). And I won't be surprised if sooner or later some kid literally chalking hopscotch onto the sidewalk or a school playground gets arrested.

That's the law, after all. We had to make sure nobody chalked anti-Bush slogans while the RNC was in town. And the law's the law.

The Slashdot and Groklaw communities were so helpful in preparing for the deposition of the RIAA's "expert" witness, Dr. Doug Jacobson, we thought we'd come back and ask for your thoughts on what documents and/or data to request from the RIAA's 'investigator', MediaSentry, Inc. The documents we have so far are just printouts, which were used at Dr. Jacobson's deposition, specifically exhibits 6, 10, 11, 12, 13, and 14. Of course we have some ideas of our own about what to demand, but we want to leave no stone unturned. For the technical minded among you, this is your chance to be a part of bringing the RIAA's litigation campaign down.

The Ann Arbor party seemed to go great- lots of people packed Leopold Bros place, doing battle with barflies and football fans. It was somewhat bizarre watching obvious normal bar people try to figure out what this large crowd of 'different' people were all about. We handed out a ton of t-shirts, drank much alcohol, ate nachos etc. Our party had a great number of Slashdot and SourceForge staffers... all folks who have been with Slashdot for so many years it's hard to remember Slashdot without them. I'm not exactly sure how many people eventually showed up... a lot of our RSVPs didn't show, and a lot more didn't bother sign up at all, so I think the two balanced out.

For me personally these sorts of things are always difficult. I'm not very good at crowds. I can smile for a picture, but I'm perpetually nervous when surrounded by strangers who have certain expectations of me. There's a reason I live life behind a keyboard!

Further compounding matters lately is baby induced chronic sleep deprivation. Me want REM cycles. It's always nice to get out and have a beer. Kathleen & I get only so many hours "out" together now, gotta make each one count. The party attendees were all cool... and understanding that I was pretty tired.

Anyway, thanks to everyone who showed up... I've still got the california party later this week. Hopefully my throat heals up by then. The only real problem with this location was the acoustics... I had to shout to be heard, and stick my ear in front of people to hear them (baby crying has done some amount of hopefully temporary ear damage). My throat is raaaaw from yelling. Sucking on cough drops helps.

As for other parties, boxes have been shipped. Hopefully they have arrived to most places on time, although I think they were shipped on a slowish shipping option so I'm not sure. I know some folks got shirts on friday, but I'm sure the others will arrive monday or so. Also, keep in mind that we only had 700 shirts and 2300 attendees from 136 parties with more than 5 attendees. So obviously not every party is getting a box... when we sent out the bulk mail, we had over 100 replies, and I'm sure there was nowhere near enough to fill even that.

But shirts or not, I hope your parties go well. Remember to submit videos or pictures or whatever to anniversary at slashdot dot org for your chance at the $1k ThinkGeek gift certificate grand prize.

The Interscope v. Rodriguez decision dismissing the RIAA's boilerplate complaint, and the $9250-per-song-file verdict in Capitol v. Thomas, have inspired some new dismissal motions in RIAA cases. In Charleston, South Carolina, Catherine Njuguna has moved to dismiss on the basis of the legal insufficiency of the RIAA's complaint and on constitutional grounds due to the excessive damages sought by the RIAA, while in Brooklyn, New York, MS victim Rae J Schwartz has moved to dismiss based solely on the complaint's failure to state a claim under Rodriguez and the Supreme Court decision, Bell Atlantic v. Twombly.

Jammie Thomas has filed a motion to set aside the $222,000 verdict obtained against her by the RIAA, based on allegations she infringed $23.76 worth of song files. Her motion papers (pdf) argue that the verdict is excessive and in violation of the due process clause of the U.S. Constitution, and should be reduced to $150 or less, or a new trial ordered. (See, e.g. UMG v. Lindor). It has been reported that the RIAA issued a statement that "Thomas [is] not taking responsibility for her actions, and .... they want to resolve the case in a "fair and reasonable" fashion. It is unfortunate that the defendant continues to avoid responsibility for her actions....". In my experience that is RIAA-speak for "after the verdict we have tried to make a settlement with her, but she wouldn't meet our terms".

So if you only count anniversary parties with 5 or more attendees, we have 128 venues with a grand total of 2366 attendees. The largest parties include Pudge's in seattle with 129, mine in Ann Arbor with 194 and Hemos's in CA with 197.

I'm sure that there will be many RSVPs that no show, but still, that's still an awful lot of interest. We'll be shipping shirts to a good number of those parties, but we have triple the attendees to shirts available, so we'll see just how far we're able to spread the love. Emails will be going out to party planners in the next couple days to get postal addresses.

As we're nearing 100 signed up people for the A2 Slashdot anniversary party, we've changed the venue to Leopold Bros... it's just a block south from the other place and they can handle us. I've also got word that we'll be printing a few hundred extra shirts since there was already like 50 parties with 5+ people in attendance. We certainly won't have enough for everyone, but we'll make a good dent in it.

I will of course put this information into a story next reasonable chance I get for a story, but I figured at least I could get the word out there. The anniversary party entry on the official page has been updated with the new location & address.

The A2 party already has like 70 signed up. We're going to have to rethink venue or time I think if we really have that many people. Wait a few more days and see what we can work out. Keep reading in the party forum for info. We have 500 shirts to print and hand out... it'll be fun to see where they go.

more info as I get it. There will be notes on future stories as days get closer.

A federal judge in Tampa, Florida, has ruled that an RIAA defendant's counterclaim against the record companies for conspiracy to use unlicensed investigators, access private computer records without permission, and commit extortion, may move forward. The Court also sustained claims for violations of the federal Computer Fraud and Abuse Act as well as a claim under Florida law for deceptive and unfair trade practices. The decision (pdf) by Judge Richard A. Lazzara in UMG v. DelCid rejected, in its entirety, the RIAA's assertion of "Noerr Pennington" immunity, since that defense does not apply to "sham litigations", and Ms. Del Cid alleges that the RIAA's cases are "sham".