Parallels between law and open source software. It's generally public, has a revision history, forks and
joins (Supreme Court over differing circuit courts). But process of forming arguments hasn't been
public. So they opened up the process to the public in Eldred vs. Ashcroft. Now opening the DeCSS DVD DMCA case.
Developed an annotation system to comment on or rebut other web pages. Looked like a scrollable
iframe with the original site on right, with comments in parallel on left. The courts have accepted
their amicus
briefs, and they have submitted comments to Copyright Office. Archives of case material,
opinions, articles, etc. Important take-away from the session: now I know how to pronounce “amicus.” Or I thought I had just learned, but Larry Rosen behind me
pronounced it a different way.
Often just the threat of monetary losses in cease-and-desist letters is enough
to shut the site down, independent of legal merit. “Shadow of the law.” Example: “you are sharing approximately 0 song files”. Little
cost to send C & Ds.
So Chilling Effects
archives and publicises them, increasing the cost of sending them by shaming the companies. This also spreads knowledge of the issues.
Update: Donna Wentworth at Harvard Law picked up this entry and provided the link for the C & D example. See her entry for more notes. Thanks, Donna!