FW: IM NewsLetter Vol. 13

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Subject: IM NewsLetter Vol. 13



      IM NewsLetter | ISSN 1546-2110 | Volume # 13 | September 12, 2003



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      The InternetMovies.com Weekly Newsletter keeps you up to date with
anything and everything there is to know about movies on the internet with
special investigative reports, new movies/DVD release dates and news. Plus
winners of our weekly Movie Giveaway.

      Help InternetMovies.com fight the MPAA by just being a InternetMovies
Member. Support us in our lawsuit to change the DMCA subpoena provision.
Join to help take away the MPAA & RIAA's DMCA rights to spy on you.

      New T-Shirt Design from Artist Bill Kenny. Feel free to copy this on
T-Shirts or Stickers and share it with friends and family. This artwork is
free to you. Sharing this image helps InternetMovies.com get the word out on
how copyright is being abused.  Announcement!
      This week's Movie Giveaway winner is
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      Sign-up for the next Movie Giveaway

      Newest InternetMovies.com Inc.
      Special/Investigative Report
      1.ES5
      With all the tension surrounding the RIAA's terrorist attacks of its
own customer base with law suits of copyright infringement EarthStation5 is
just in time . ES5 is a new P2P file sharing software that has been built
with your privacy and security in mind. If you have been looking for a way
to protect your privacy and keep the prying eyes of the RIAA and MPAA out of
your business then you will want to check out ES5.

      More IM Special/Investigative Reports





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            New Movies In Theaters This Week!

            New DVD Movies Now Available This Week!


      INTERNET MOVIE NEWS

      DVD copying fight lands in UK

      According to the articles:

      "A US software company is fighting moves by the Motion Picture
Association of America (MPAA) to have the sale of its DVD-copying software
banned in the UK."
      (Read More)
      RIAA keeps 12-year-old quiet with $2,000 bill

      According to the articles:

      "The RIAA took quick steps to blunt a public relations atrocity by
agreeing to settle out of court with a 12-year-old girl accused of trading
copyrighted songs."
      (Read More)

      Verizon, RIAA Trade Jabs at Senate Hearing

      According to the articles:

      "Representatives from Verizon and the Recording Industry Association
of America (RIAA) staked out familiar ground Tuesday when testifying before
the Senate Judiciary Committee on the subpoena powers of the Digital
Millennium Copyright Act (DMCA), but the testimony also provided a sneak
preview of next week's court appearance by the two warring parties."
      (Read More)

      Senator: Beware RIAA's Amnesty Offer

      According to the articles:

      "U.S. Sen. Norm Coleman (R.-Minn.), who earlier this summer questioned
the Recording Industry Association of America's (RIAA) subpoena process in
its ongoing war against music pirates, is urging caution for those tempted
by the music industry's new amnesty program."
      (Read More)

      Canadian file sharers' risk low

      According to the articles:

      "Canadians who download music for free from the Internet should be
cautious but not overly worried about the U.S. recording industry's recent
legal crackdown on individual file traders, legal experts say."
      (Read More)

      Novato man sues RIAA over amnesty program Suit says music industry's
plan misleading

      According to the articles:

      "With the recording industry suing hundreds of individual online file
sharers, a Novato man wants to turn the tables by suing the record industry
on behalf of individual consumers."
      (Read More)

      EU delays vote on 'Euro-DMCA'

      According to the articles:

      "A vote on the EU's proposed directive on the enforcement of
intellectual property rights, which has been compared to a draconian US law,
has been pushed back to November"
      (Read More)

      Commentary: What's Real and Make-Believe with the RIAA Subpoenas?

      According to the articles:

      "What's real and what's make-believe about the RIAA's recent subpoena
campaign and it's newly announced "Amnesty" program?

      A recent decision by the 9th Circuit Court of Appeals finds that a
party using "patently unlawful" subpoenas to obtain access to another
party's stored electronic communications could be liable for violations of
electronic privacy and computer fraud statutes. This could have serious
implications for the RIAA's mass subpoena campaign in that, if such
subpoenas were also determined to be "patently unlawful," for whatever
reason, the organization could be held liable under electronic privacy and
computer fraud statutes for accessing user data under false pretenses. (Read
a summary of the decision.)

      Does this mean, if the RIAA's subpoenas are determined "invalid," that
they are illegally snooping? It's extremely possible. However, the DMCA
subpoena law is new and there aren't many decisions on it, so the RIAA could
try to hide behind the "newness" of the law to avoid liability for misusing
it.

      If the RIAA's subpoenas were determined to be "patently unlawful,"
file sharers could potentially retaliate with lawsuits for alleged
electronic privacy and computer fraud violations if the RIAA's counsel
knowingly misuses the subpoena process in order to gain access to file
sharers' private information."

      "Clean Slate's Privacy Policy raises other questions. It states that
"information provided on the Clean Slate Program Affidavit will be used
solely in connection with conducting and enforcing the Clean Slate Program"
and not used for "marketing, promotional, or public relations purposes" and
will "not be made public or given to third parties, including individual
copyright owners," but then there's a big exception: "except if necessary to
enforce a participant's violation of the pledges set forth in the Affidavit
or otherwise required by law." This language, translated, means that the
affidavit records would in fact be made available to other infringement
lawsuits.

      "We're calling it a 'Shamnesty.' It's more like a Trojan Horse than a
'clean slate.' It fools you into thinking you're safe, when the reality is
that, if anything, you're more at risk for participating," explains Jason
Schultz, Staff Attorney for the EFF. "It's not 'Full Amnesty' at all. The
agreement doesn't give file sharers any real peace of mind, because it only
covers being sued by the RIAA itself -- not any of its member companies.
This means that, under the Clean Slate agreement, recording companies,
copyright owners, and music publishers can all still sue you. It only means
that the RIAA won't 'assist' them in the lawsuit. They are basically getting
you to admit to the conduct so your own statement can be used against you
later.""
      (Read More)


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