The Electronic Frontier Foundation weighed in this week on the Jammie Thomas file-swapping case, where the judge has asked for public comment on whether just making a file available for download on a P2P network should count as copyright infringement. In its filing (PDF), the EFF goes for the jugular, seeking to show that the RIAA's entire approach to file-swapping cases is flawed. 

Not only does the Copyright Act not grant a "making available" right, the EFF said, but trade groups also shouldn't be allowed to claim that an actual distribution took place based solely on downloads from their own investigators. Together, this two-part theory would effectively eviscerate the RIAA's current legal campaign by making it nearly impossible for copyright holders to show that infringing distributions to the public have taken place over P2P networks.

If the EFF gets their way, this will have the effect of perniciously (again!) decimating the RIAA and its current legal strategy. More here.

You have to listen to this -- in it, the Minister lies, dodges, weaves and ducks around plain, simple questions like, "If the guy at my corner shop unlocks my phone, is he breaking the law?" and "If my grandfather breaks the DRM on his jazz CDs to put them on his iPod, does that break the law?" and the biggie, "All the 'freedoms' your law guarantees us can be overriden by DRM, right?" (Prentice's answer to this last one, "The market will take care of it," is absolutely priceless.)

Ten minutes' worth Prentice's only interview with the national radio network's most tech-savvy program about his new, sweeping tech bill leaves us with the inescapable picture of a Minister who either doesn't know what's in his own legislation (he repeatedly says, "Well, that's a very technical question," as an excuse for why he can't answer it) or doesn't care if he presents it honestly, so long as it passes.

The Motion Picture Association of America said  Friday intellectual-property holders should have the right to collect damages, perhaps as much as $150,000 per copyright violation, without having to prove infringement.

"Mandating such proof could thus have the pernicious effect of depriving copyright owners of a practical remedy against massive copyright infringement in many instances," MPAA attorney Marie L. van Uitert wrote Friday to the federal judge overseeing the Jammie Thomas trial.

"It is often very difficult, and in some cases, impossible, to provide such direct proof when confronting modern forms of copyright infringement, whether over P2P networks or otherwise; understandably, copyright infringers typically do not keep records of infringement," van Uitert wrote on behalf of the movie studios, a position shared with the Recording Industry Association of America, which sued Thomas, the single mother of two.

Link. Guilty until proven innocent now, is it? Their solution would, to recycle their entertainment industry speak, would result in the pernicious (only 14 points? Bah) effect of depriving citizens, guilty or not, of certain rights granted to them not only by various constitutional writings & court rulings, but by British Common Law which was in place for many, many hundreds of years prior.

Apparently Tom Cruise is more important than the forfathers to the MPAA?

Encryption and file-sharing technology have a long history together. Usenet servers, LimeWire, uTorrent, and many other applications and protocols have taken advantage of encryption technology to help give the end user an additional layer of security. In response to Sweden's new wiretapping law, The Pirate Bay's Peter Sunde has announced the tracker’s intention to offer encryption services to its users.

According to the Local, Sweden's surveillance law, which passed on Thursday of this week, allows the government to monitor all incoming and outgoing transmissions in the name of national security.

Although The Pirate Bay's lobbying efforts against the bill were unsuccessful, the tracker still has a few cards left to play. According to Sunde, The Pirate Bay will roll out an encryption option this week.
"Many people have asked me what we’re planning to do," Peter writes in his blog "- and the answer is “A lot!”. We’re going to help out in any way we can with fighting the law. This week we’re going to add SSL to The Pirate Bay. We’re also going to help out making a website about easy encryption - both for your hard drives and your net traffic. As some people know, we’re running a system for VPN-tunnels already and we’re going to lower the price for that as well and open it up for international users as well."

Link. Whilethe encryption will not hide the fact that you have connected to the service, it will atleast encrypt any traffic between you and the site proper.