"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."

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.

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 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.

So it seems like the new discussion-threading system (aka "D2", according to the preferences page) no longer works for me.

I had just gotten used to it -- in particular, being able to click on comments to expand or collapse them -- and suddenly at some point this afternoon I reloaded a page and the whole thing just went away. I'm back to the regular discussion style, where clicking on the title of another user's post will open that post in a separate page.

However, I still have the new style selected in my preferences. I'm just curious whether this is a global problem or something specific to my network or configuration. I've tried disabling AdBlock and some other relevant FF extensions but no dice.

Anyone else noticing anything amiss?

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".

This feels like a mega-spam entry, and I'm very self conscious about posting it, but I'm excited about this and I wanted to share . . .

I just published my third book, The Happiest Days of Our Lives. I mention it here because it's all about growing up in the 70s, and coming of age in the 80s as part of the D&D/BBS/video game/Star Wars figures generation, and I think a lot of Slashdot readers will relate to the stories in it.

I published a few of the stories on my blog, including Blue Light Special. It's about the greatest challenge a ten year-old could face in 1982: save his allowance, or buy Star Wars figures?

After our corduroy pants and collared shirts and Trapper Keepers and economy packs of pencils and wide-ruled paper were piled up in our cart, our mom took our three year-old sister with her to the make-up department to get shampoo and whatever moms buy in the make-up department, and my brother and I were allowed to go to the toy department.

"Can I spend my allowance?" I said.

"If that's what you want to do," my mom said, another entry in a long string of unsuccessful passive/aggressive attempts to encourage me to save my money for . . . things you save money for, I guess. It was a concept that was entirely alien to me at nine years old.

"Keep an eye on Jeremy," she said.

"Okay," I said. As long as Jeremy stood right at my side and didn't bother me while I shopped, and as long as he didn't want to look at anything of his own, it wouldn't be a problem.

I held my brother's hand as we tried to walk, but ended up running, across the store, past a flashing blue light special, to the toy department. Once there, we wove our way past the bicycles and board games until we got to the best aisle in the world: the one with the Star Wars figures.

I'm really proud of this book, and the initial feedback on it has been overwhelmingly positive. I've been reluctant to mention it here, because of the spam issue, but I honestly do think my stories will appeal to Slashdotters.

After the disaster with O'Reilly on Just A Geek, I've decided to try this one entirely on my own, so I'm responsible for the publicity, the marketing, the shipping, and . . . well, everything. If this one fails, it will be because of me, not because a marketing department insisted on marketing it as something it's not.

Of course, I hope I can claim the same responsibility if (when?) it finds its audience . . . which would be awesome.

So I recently ran across a new site, courtesy of the fine folks at MetaFilter: Rememble. In a nutshell, it's a sort of 'digital scrapbooking' site. It describes itself as "a 'washing line' for your digital bits and pieces. Thread together texts, photos, videos, sounds, scribbles, scans, notes, tweets... so they're not drifting in a digital wasteland."

As a compulsive digitizer, I'll go first and say that it sounds great. There are a lot of services that provide the ability to save little text snippets for later (Google's Google Notebook, when coupled with the appropriate Firefox Addon, comes to mind), and Flickr is the gold standard for digital photo organization and sharing, and there are similar single-media sites for other purposes. However, there's a distinct lack of a single site that allows you to collect, view, organize, scrapbook, and share various types of digital media in a cohesive format. And that's a darn shame: as more people get online and involved in modern interactive services, as they get more of their lives online, it's only natural that they'll want to be able to save parts of it for later, just like they do in the physical world. (And, of course, being virtual lets you do things in an online notebook that you can't easily do in a dead-tree one, like suddenly decide to view all your clippings by date instead of by subject.)

Unfortunately, Rememble's execution -- at least at the moment -- falls flat. For a site that treads on being almost postmodern, its approach seems driven by a desire to create a vast silo of exploitable content. First major gaffe: you can't see *anything* without registering for an account. That's right, nothing. So let's say you set up an account, dump a lot of stuff into it, and then want to share it with some friends? Nope, sorry, they all have to sign up for accounts. This is such a major, deal-breaking limitation, it's hard not to immediately think of one of those ubiquitous "FAILURE" image macros. I can only hope that this is some sort of limitation due to the service being new -- I mean, they can't really be that stupid, can they?

Similarly, you can't deep-link to content that you upload. That's right; you can't embed things you upload to Rememble on your blog. While this isn't as obvious a death-wish as the lack of sharing ability, it's potentially more damaging. Flickr succeeded in its early days mainly because it became popular with bloggers looking for an alternative to services like ImageShack that didn't suck quite so badly. Flickr offered one-click tools for resizing an image and embedding it into a blog post. It was slick, people loved it, and they got a community of users rather quickly.

Beyond that, there doesn't seem to easily be a way of getting content *out* of Rememble once you've gotten it in. This bothers me, personally, although it may not be the sort of thing that a casual, non-backup-obsessed user might think of. (Though, in my opinion, they should.) A service like Rememble could, over time, end up being a significant repository of information and digital relics; having your Rememble store disappear would be like having your family scrapbooks torched.

After taking a casual look at Rememble, and comparing it to a successful service like Flickr, a number of concrete steps come to mind for, if not actually ensuring the success of a community-oriented "Web 2.0" media-sharing site, at least making it slightly less prone to sucking:

1) Sign-ins should only be required for content creators, never viewers. Even a free, one-minute signup procedure is one minute too long to expect random people I might want to share content with to go through. It's unnecessary and borders on arrogant.

2) Prohibiting blogging and direct linking may seem like a good idea, but it's not. Really. The people who are going to want to blog and direct-link are also the ones who are going to make or break your service. Don't alienate them 30 seconds after they upload their first bit of media. Yes, it may burn you to spend money on bandwidth so your users can use you like ImageShack, the Internet's cheap village whore, but chin up: everybody has to start somewhere.

3) Expose your APIs, and encourage third-party development. (To be fair, I'm not sure what Rememble is doing with their APIs; maybe they expose them and just aren't obvious about it.) Use standard interchange formats whenever possible. Since exposed APIs are considered one of the keys to useful, modern web services, they really need to get this right. Luckily, Flickr has a good model. Follow it. Also: Let users *export* content, not just import it. Acting like the NSA, hoovering up stuff and never letting anything slip back out, makes people justifiably nervous.

4) Provide a way for backups. Also: nobody likes commitment. Don't expect users to trust you, your datacenter, your RAID array, or your backup strategy. For all we know, you're running this thing on a spare server that your boss could repossess at any time. Provide users an easy way to grab a snapshot of everything they've created (a big tarball of media files and XML metadata) for their own peace of mind. Also, people like knowing that they have a way out if things go sour.

If Rememble took those four steps, they would probably have a service that I'd use right now -- at least for trivial stuff. From there, the sky's the limit.

Of 'second tier' features, an ability to encrypt content using an open-source, client-side applet (so that it gets encrypted by me, not by the server on the far end) would be nice, particularly when you're talking about automatically archiving text messages and other communications that may be sensitive now but nice to have later -- perhaps this could be offered as a premium service? If you do it right, with full auditability, you might even get corporate interest.

What really would make a service like Rememble outstanding are the interfaces. Imagine plugging a service like this into your SMS/text-messaging service from your phone, your email reader, and your IM client (archiving both conversations and status messages): you'd have a single online archive of all your communications. Privacy nightmare? Quite possibly. But it would also be handy; no more trying to remember how somebody sent you a bit of information. Plug it into your address book, so that you could cross-reference other people's online identities, and you'd be able to see all communications with a particular person over time, regardless of medium. Or run a quick search and you could see all the people you discussed a particular topic with.

I find the possibilities for a Rememble-like service pretty exciting; for someone who really likes compiling and managing information, it's just oozing with potential. And more than anything else, that's why Rememble is painful: it takes something that should be mind-blowing and renders it in a form that's lame and unimaginative; without an obvious grasp of what web services are all about.

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".

Several weeks ago it was discovered that a California federal judge, in rejecting an RIAA application for default judgment, had dismissed the RIAA's standard complaint for failure to state a claim, calling it "conclusory" "boilerplate" "speculation" in Interscope v. Rodriguez. In the wake of that decision, a Queens, New York, woman being sued in Brooklyn federal court, Rae J Schwartz, has told the Court that she is making a motion to dismiss the complaint in her case, Elektra v. Schwartz. This is the first post-Interscope challenge to the RIAA's boilerplate, of which we are aware. This is the same case in which the RIAA had sent a letter to the Judge falsely indicating that AOL had "confirmed that defendant owned an internet access account through which copyrighted sound recordings were downloaded and distributed". Ms. Schwartz suffers from Multiple Sclerosis and has never engaged in file sharing, but the RIAA has pressed the case against her.

A few days ago it was reported that, in view of the RIAA's one-month delay in paying the $68,685.00 attorneys fee award in Capitol v. Foster, and its lawyers' failure to respond to Ms. Foster's lawyer's email, Ms. Foster filed a motion for entry of judgment so that she could go ahead with judgment enforcement proceedings. In response to that motion the RIAA submitted a statement that it had no objection to entry of judgment, and intimated that it thought there would be an automatic stay on enforcement of the judgment, and that it would ultimately file an appeal. After seeing that, Ms. Foster's lawyer has filed a motion for the Court to require the RIAA to post $210,000 in security to cover the past and future attorneys fees and costs which are expected to be incurred.

Can it be that the RIAA, or the "Big 4" record companies it represents, are short on funds? It turns out that despite the Judge's order, entered a month ago, telling them to pay Debbie Foster $68,685.23 in attorneys fees, in Capitol v. Foster, they have failed to make payment, and Ms. Foster has now had to ask the Court to enter Judgment, so that she can commence "post judgment collection proceedings". According to Ms. Foster's motion papers (pdf), her attorneys received no response to their email inquiry about payment. Perhaps the RIAA should ask their lawyers for a loan.