U.S. District Judge Marilyn Hall Patel, who previously presided over the original Napster litigation, issued a tentative decision in the case on Friday requiring that sales be halted pending a hearing Tuesday. Seattle-based RealNetworks complied, informing customers on its website that, “Due to recent legal action taken by the Hollywood movie studios against us, RealDVD is temporarily unavailable.”

After a three-hour hearing Tuesday, she kept her decision intact so she could have aditional time to learn for sure whether RealDVD circumvents encryption software in violation of the DMCA. RealNetworks claimed that it did not violate any content-scramble system license and that its software, while allowing users to store copies of movies on their hard drives, does not circumvent the content-scramble system on DVDs.

For a less legal explanation, David Kravets likens RealNetwork’s arguments on why they should be allowed to sell the software to a head shop’s claim that its bongs for sale are only for tobacco use in his article Wink Wink: RealNetworks Says Don’t Copy Rented DVDs.

I won’t speculate on the ramifications to consumers except to note that the more ground that is won by corporations on these issues, the fewer options we will have when we finally have an idea of how we want things to run. Other thoughts?

The FCC decision was not unanimous. 2 out of the 5 commissioners dissented from the recommendations. The dissenting voices believe that the rules set forward are worded vaguely and under the current policy, Comcast might be acting lawfully. Of course, the waters get murky around BitTorrent specifically. The likelihood that folks are sharing copyrighted material is high, and the files are large, so if Comcast wants to discourage unlawful file sharing, BitTorrent is probably a good place to start.

All of the major nonprofits that are concerned with the net neutrality issue are lauding the FCC decision as a big step toward maintaining an open internet, where we have access to everything the net has to offer vs. having our experience guided by the deals and products our service providers want to push to us. I’m personally only cautiously optimistic, as the policy wording does read as vague. That was probably so as to not over-regulate, and as Reed’s article point out, this decision could be Chairman Kevin Martin’s way of drawing a line in the sand. 

Read more from Public Knowledge

Read more from Free Press

Read more from Save the Internet

I don’t have any magical solutions, but as I’ve been doing some research for issues faced by the organization I work for, I’ve come across some very helpful new resources.

Idealware - “Through product comparisons, recommendations, case studies, and software news, Idealware allows nonprofits to make the software decisions that will help them be more effective.”

TechSoup - “Offers nonprofits a one-stop resource for technology needs by providing free information, resources, and support.”

Beth’s Blog - “A place to capture and share ideas, experiment with and publish links about nonprofit technology, educational technology, adoption challenges, information design, visual thinking, creativity, ICT in the developing world, and much more.” Thank you to David Tames for the lead on this one.

Nonprofit Technology Network (NTEN) - “NTEN aspires to a world where all nonprofit organizations skillfully and confidently use technology to meet community needs and fulfill their missions.”

Of course, there are a whole host of blogs on the topic; I included Beth’s because she has a host of useful links to said blogs, and of course, all of these sites will take you into the world of tools that nonprofits are using. The frustrating part is that there is no one solution that will fit all. You have to identify your needs, be realistic about your budget, and probably hire a consultant to help you make sense of it all. At least that is the point I am at.

A couple of months after the company’s official launch, I had a chance to catch up with Rubin, the company’s marketing guru, for a quick chat to check in and see how things are going and what they have in the works for the coming year as they trend-watch and keep their finger on the pulse of what’s happening in the online digital landscape.

Rubin told me that they don’t consider themselves a distribution site right now; however, they’ve partnered and are collaborating with companies and nonprofits such as IFP, The Workbook Project, From Here to Awesome, illumobile, UC Berkeley’s Haas School of Business and global law firm, Orrick. You can read more about how these partnerships work and how they benefit filmmakers here. Citing other fundraising models such as the “Causes” application on Facebook, Rubin claims that IndieGoGo’s model is so effective with its own fundraising model, people are finding much easier, quicker success in that quarter than ever before.

Rubin says that the company, closely modeled on Robert Greenwald’s way of fundraising and creating awareness for a project, is a mind-set. “It’s a site based on action, not necessarily about any kind of social interaction. The set-up is straightforward: projects, people, resources. So, right away, when you go to a project, you can immediately discern what their particular needs are in order to move forward. You know right away what someone is seeking. The question of ‘how can I help?,’ in other words, is already answered.

“We’re in the business of discovering content, and in that regard, different distribution entities are coming to us because they know that’s where we’re headed. But right now, it’s about getting the projects made, and that happens by creating promotion and raising awareness which needs to start well before the finished product.”

Being an artist these days means that one just cannot solely concentrate on the work of making art. I’m not really sure that this is a change from being an artist in any other era, particularly if you’re an artist intent on sharing your work with others, but now, more than ever before, it’s a necessity. Rubin and his partners created and designed the site to contain a “business 101″ tutorial style learning model, each stage organically building on another–a) art, b) technology, c) business and marketing, aka, finding your audience and d) creating innovative ways and means to get your project to that audience.

IndieGoGo will soon be partnering with TubeMogul, a universal upload aggregator, of sorts, that allows one to only have to upload a video once. Then, through TubeMogul, that video will be disseminated automatically to a dozen different video sharing sites. “We want everything we include on our site, every application, every piece of software, to be helpful to our users. You shouldn’t have to give your whole entire life over to your project,” Rubin says.

For right now, IndieGoGo is careful to stay away from any elitist bent by allowing, literally, anyone to create a project site with them. Still in road-test mode, their current model speaks more to their concern with functionality than the quality of content. So it’s come one, come all, whether you’re a professional filmmaker or a mom in a small town trying to raise awareness for a particular cause. “Right now, we’re not concerned necessarily with how credible something is, but how effectively the site is being utilized.”

Currently, they have a couple of hundred projects and about $35,000 in contributions have come through for those projects. They are also quickly becoming a “discovery channel.” They’ve been contacted by lots of industry folks that have come to look at what’s there. But, at the end of the day, they really want to be a trusted source for the artist. And like artists that have created these models for themselves, like Lance Weiler, Robert Greenwald, Susan Buice and Arin Crumley (the creators of IndieGoGo consulted with artists like these before launching), there is a desire to wed “real life” with “online life,” thus Rubin’s whirlwind tour in recent months of as many film festivals as he can take in, where he can talk one-on-one with filmmakers, sit on panels to talk about future possibilities, and relationship build.

What excites Rubin the most, of course, is this sense that audience is being built as the project is being created, which is a new model for most. The filmmakers of The Lilliput, for instance, after raising their first $10,000, were approached by several festival programmers wanting to show it when it’s complete. Most of us are used to funders and/or other exhibition outlets wanting to see the completed film before putting in a dime. This is extremely exciting and encouraging for the independent still in production phase. Psychologically and emotionally, it seems to create a momentum that might be missing were these films not out there marketing themselves every step of the way, creating fundraising milestones well before it’s time to figure out how to produce the final cut.

As it moves through its “build” phase, IndieGoGo is intent on talking to as many people as possible and will be doing outreach through places like IFP, teaching in both the narrative and documentary labs and creating case studies on success stories, while continuing to investigate how they can improve and enhance functionality. Rubin’s advice: “Post your project online as soon as the idea for it forms in your mind. If you put it out there, things will happen.”

Open to all delegates at the Rogers Industry Centre, DocAgora Ontario will present a few panels with some stellar international representatives. First up is “Who is Who in Digital Docland” moderated by Neil Sieling, Center for Social Media/American University and, the ubiquitous Peter Wintonick of Necessary Illusions. Guests Paula LeDieu of Magic Lantern (UK), Joel Ronez of ARTE web (France), Andreas Ua’Siaghail of Resolvelabs (Canada) and Lance Weiler of From Here to Awesome (USA) will discuss the changing face of the industry and who is at the forefront in developing the ideas and tools for the next shift in control and form and who is taking advantage of what we have at our disposal today in terms of production, in ways we haven’t yet fully realized.

Later that same day (Thursday, April 24), four teams of media makers will present their projects to a special panel of international and Canadian interactive experts, participants and mentors who will analyze each presentation in what they’re calling a “Convergence Lab Critique,” part of the larger DocAgora Ontario Initiative. (I saw a similar presentation in Amsterdam during the IDFA at the Mediamatic Lab, of which I’m now a member.) The panelists are Gerry Flahive of NFB (Canada), Klara Gruning-Harris of ITVS (USA), Paula LeDieu of Magic Lantern, Andra Shaffer of the Bell Fund for new media and broadcast (Canada), Joel Ronez of ARTE web, Ingrid Van Tol of the Dutch Cultural Broadcast Fund for new media and documentaries (Netherlands), and Lance Weiler.

Lastly, there will be “Short Circuits: Trends in Docs in the Digital Docspace” on Friday the 25th, moderated by Shooting People’s Ingrid Kopp. Guests Jeremy Boxer of Cinelan.com (UK), Klara Gruning-Harris, Noam Muscovich of Ithentic.com (Canada) and Mark Cranwell of Babelgum.com (UK) will discuss digital doc shorts as the hot new media. Shorts and micro-doc series are being aggressively bought for mobile distribution and can be seen in various incarnations all over the web. The panel will provide an overview of shorts in the digital realm and discuss the ways in which flexible delivery modes of short docs affect viewers, faster concept-to-delivery timelines, and the cost/benefit ratios of short-form productions. Makers of shorts, rejoice!–to market, to market where there’s a home (several, actually) for your wares.

Another of my faves from the bunch, Ask Your Lawmaker, a widget that allows you to submit questions to lawmakers, hear their answers and follow the news on issues you care about. Finally being able to ask the questions that corporate media won’t? Priceless! Let’s hope lawmakers will respond…

How about My Green Map? I’m in downtown Austin and I’m wondering where the closest organic restaurant is? No problem, just pull out my mobile device, go to this Google map mash-up that shows where all kinds of sustainable business, bike routes, and whatever else the community developers can come up that promotes sustainable community, right there on my handset.

The finalists will attend the NetSquared conference over Memorial Day weekend where the top 3 will be chosen and take home cash prizes.

1. All submissions should be short pieces no longer than 10 minutes
2. They might be stand-alone excerpts from completed long-form documentaries
3. Trailers and EPK’s are fine
4. Compelling, never-before-seen “outs” (including resurrecting some of those “babies” you had to kill in editing)
5. Entire “short” docs
6. Original works created specifically for our community

Here are the ground rules:

1. Please only submit fully cleared pieces, including music rights and stock footage.
2. By your submission to IDA, you acknowledge and agree that you have all right, title and interest in the submitted material and such submission does not infringe on the rights of any third party. You further agree that you will defend, indemnify and hold the IDA harmless from any claims.
3. By submitting you grant the IDA the right to stream clips on the IDA website, partner destinations and video sites with whom the IDA has promotional relationships.
4. The IDA only streams clips and does not make them available for download without the owner’s approval.

So scour your shelves and computer files for work you’d like us to showcase. We look forward to sharing it with the community of filmmakers and doc-lovers at www.documentary.org 

The Times reports that Netflix has chosen Sony’s Blu-ray technology for HD DVDs. Netflix seems to me to have the financial might to turn this into a win for Sony’s technology. Those with high def TVs are probably happy to hear about some movement on this, to maximize your sets potential, but I’m curious as to how this effects indies. Does everyone have to go out and buy Sony software to make Blu-ray discs? Can they only be manufactured by Sony? Maybe it’s not that big of a deal, but I guess I worry now when anything is proprietary (unless it bears an Apple logo - yes, I know I’m a hypocrite…), particularly if it’s intended to become our standard.

The channel acts as a grassroots citizens’ news portal that will share revenue with its contributors. Its mission is “to democratize the media and enable participation free of government censorship or financial restrictions.” Already, over 1,500 international contributors have posted 17,000 original news reports. The channel runs on a program called Mogulus, a groundbreaking video streaming platform that enables anyone with an internet connection and a camera to create a professional-grade television channel and broadcast live to the world.

As a promotional tool for showcasing documentaries without distribution, GroundReport is currently experimenting. Every week, a different documentary will be featured in heavy rotation and will include filmmaker profiles and other pertinent information for interested buyers. They are also happy to run trailers and/or excerpts of works-in-progress.

You can check out the Creative Commons-licensed site here. You can also email Rachel at info@groundreport.com for more information.

Today, out of Berkeley, California (not a bad spot), the company announced their official launch to the press. You can check out the site here.

From their news release: “Founded on the principles of opportunity, transparency, choice, and action, IndieGoGo addresses the fundraising challenges and market inefficiencies affecting independent filmmaking today. IndieGoGo enables this ‘filmocracy’ by providing filmmakers an open platform to pitch their projects to the world, and gives the fans a vehicle to experience and influence the once inaccessible world of filmmaking.” That word “influence” or the idea of the “insider fan” will prove to be the most interesting part of all this, as we study the impact of these new sites and how effective they purport to become at providing the kinds of services that will enable some kind of financial self-support for the artist.

From DIY (do-it-yourself) to DIWO (do-it-with-others–admittedly sounding a lot more fun), the world wide web is busy making the sticky stuff of which webs are made to strengthen its heft and broaden its scope for meaningful communication and commerce on the Internet.

The company was founded by Slava Rubin, Danae Ringelmann and Eric Schell, each with backgrounds in marketing strategy, entertainment finanace and software development, respectively (not bad skill-sets). Their advisory list is quite impressive and their beta phase seems to have been substantial. After all, their first showcase project was selected to world premiere at Sundance (Salina’s new doc).

Rubin will be at the Sundance fest representing the company on the “Going It Alone: Digital Distribution for Indie Filmmakers” panel at the New Frontier on Main Microcinema on Wednesday, January 23 at 12:30 p.m. in Park City.