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September 12, 2005 - SLA Public Policy Connections
September 12, 2005 - SLA Public Policy Connections

In this issue...  

1.       Shrink-wrap and Click-wrap Licenses Virtual Seminar
2.       SLA Comments on Report of the Working Group on Internet Governance (WGIG)
3.       ERIC Updates
4.       Fair-Use Comments Requested from Australia
5.       U.S. Supreme Court Rules on MGM v. Grokster
6.       SLA Provides Comments on Orphan Works
7.       Thomas Legislative Database to be Updated
8.       Internet Archive Sued
9.       Australian Court Orders Kazaa to Stop Pirates
10.   International Click-wrap Licensing Concerns
11.   Nigerian Pleads Guilty in Email Fraud
12.   Dutch File-sharers Win Reprieve

Shrink-wrap and Click-wrap Licenses Virtual Seminar
On September 28, 2005, SLA and AALL are collaborating to present a virtual seminar on Shrink-wrap and Click-wrap Licenses. This seminar will address non-negotiated license agreements and provide an introductory framework for understanding the legal concepts basic to licensing; a walk-through review of a shrink-wrap license; and the implications of key standard form terms that affect libraries.  Details and registration information.

SLA Comments on Report of the Working Group on Internet Governance (WGIG)
SLA and ALA provided joint comments to the U.S. Department of State on the report of the Working Group on Internet Governance (WGIG).   The WGIG, a United Nations-based group created by Phase 1 of the U.S. Department of State's World Summit on the Information Society (WSIS), was tasked “to investigate and make proposals for action, as appropriate, on the governance of Internet by 2005.” Read Comments.  Read related news story.

 ERIC Updates
The ongoing restructuring of ERIC (Education Resources Information Center) has been a concern to many who rely on the system for useful and timely information. Kate Corby, Education and Psychology Reference Librarian for Michigan State University Libraries, has done an admirable job in reporting on the ERIC User Group committees.   ERIC history and current activities.

Fair-Use Comments Requested from Australia
SLA, in collaboration with The Library Copyright Alliance (LCA) (www.librarycopyrightalliance.org),   provided comments regarding fair-use to the Australian government. Australia is considering adopting a U.S.-style fair-use exception, and information colleagues in Australia requested the LCA to weigh in. The LCA consists of five major library associations—the American Association of Law Libraries, the American Library Association, the Association of Research Libraries, the Medical Library Association, and the Special Libraries Association. These five associations collectively represent over 139,000 libraries in the United States that employ 350,000 librarians and other personnel. These five associations cooperate in the LCA to address copyright issues that have a significant effect on the information services libraries provide to their users. The LCA’s mission is to foster global access to information for creative, research, and educational uses. Read comments .

U.S. Supreme Court Rules on MGM v. Grokster
In a unanimous ruling in Metro-Goldwyn-Mayer Studios v. Grokster on June 27, 2005, the U.S. Supreme Court declared that distributors of peer-to-peer (P2P) file-sharing systems may be held liable if they actively induce copyright infringement by users of those P2P systems.  Importantly, the Court strongly reaffirmed its earlier ruling in Sony Corp of America v. Universal City Studios which held that technologies could not be outlawed if they were capable of substantial noninfringing uses.  SLA and others filed an amicus brief on this case.  SLA, in collaboration with The Library Copyright Alliance (LCA), welcomes this balanced decision that supports the interests of libraries while addressing issues of widespread copyright infringement.  By focusing on conduct that induces infringement, rather than on the distribution of technology, the decision ensures the continued availability of new and evolving digital technologies to libraries and their patrons.   Read press release. 

SLA Provides Comments on Orphan Works
SLA, in cooperation with The Library Copyright Alliance (LCA), provided additional comments to the Copyright Office’s Notice of Inquiry concerning orphan works. The LCA consists of five major library associations—the American Association of Law Libraries, the American Library Association, the Association of Research Libraries, the Medical Library Association, and the Special Libraries Association, which  cooperate  to address copyright issues that affect libraries and their patrons. Read comments.

Thomas Legislative Database to be Updated
Thomas, the Library of Congress’ free legislative database, is getting an overhaul. Thomas debuted in 1995 as a congressional initiative, and since that time, several lawmakers have called for an update. Library officials expect to complete a prototype of a new search engine by the end of 2005.  News story.

Internet Archive Sued
A lawsuit charges the nonprofit library of old web pages with not doing enough to block access to records on its site.  A lawsuit contends that lawyers researching a trademark case unlawfully gained access to records of an old web site for use as evidence. News stories:

http://www.redherring.com/Article.aspx?a=12748&hed=Internet+Archive+Gets+Sued
http://walloworld.com/?p=810

Australian Court Orders Kazaa to Stop Pirates
A federal judge in Sydney, Australia, ordered distributors of the popular file-swapping program Kazaa to alter the software, which millions have downloaded, so it can no longer be used for music piracy.
News stories:
USA Today

News from Russia

International Click-wrap Licensing Concerns 
An effort to settle international jurisdiction questions in disputes over business contracts has raised concerns over “click-wrap” agreements on computer software.  Groups fear that international law could affect U.S. civil suits.  The U.S. State Department will negotiate new agreements as part of the Hague Convention on Exclusive Choice of Court Provisions. News story: http://www.abanet.org/journal/ereport/jn3soft.html   SLA and AALL are collaborating on a virtual seminar on click-wrap and shrink-wrap agreements on September 28, 2005. Details and registration information.

Nigerian Pleads Guilty in Email Fraud
A Nigerian court has sentenced a woman to two and half years in jail after she pleaded guilty to fraud charges in the country's biggest email scam case. One of three suspects in a $242 million fraud involving a Brazilian bank, she must return $48.5 million to the bank, hand over $5 million to the government and pay a fine of $15,000.  News story: http://news.com.com/Nigerian+pleads+guilty+in+e-mail+fraud/2100-7348_3-5792425.html?tag=nefd.top

Dutch File-sharers Win Reprieve
A Dutch judge has blocked attempts to find out who may be illegally sharing movies and music in Holland.  The Dutch industry group Brein was behind the attempt to discover the identities of file-sharers following investigative work by a US firm.  News story: http://news.bbc.co.uk/2/hi/technology/4678893.stm

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