Daniel is a Staff Attorney and Mark Cuban Chair to Eliminate Stupid Patents at the Electronic Frontier Foundation. He is part of EFF's intellectual property team and focuses on patent reform. Before joining EFF, Daniel was a Residential Fellow at Stanford Law School's Center for Internet & Society where he represented writers, painters, filmmakers, and others who rely on fair use to create their art and scholarship.
Daniel previously practiced at Keker & Van Nest, LLP, where he represented technology clients in patent and antitrust litigation. He served as a law clerk to Justice Susan Kenny of the Federal Court of Australia and to Judge William K. Sessions, III of the District of Vermont. Daniel has a B.A. in Philosophy from the University of Western Australia, an M.A. in philosophy from Rutgers, and a J.D. from Yale Law School.
Patent trolls — companies that assert patents as a business model instead of creating products — have been in the news lately. This is hardly surprising, given that troll lawsuits now make up the majority of new patent cases. And the litigation is only the tip of the iceberg: patent trolls send out hundreds of demand letters for each suit filed in court. At the Electronic Frontier Foundation, we have been following this issue closely and are working hard to bring reform to fix the patent mess. Read more » about Trolls and Tribulations
Last week's decision in Authors Guild v. HathiTrust -- upholding the Mass Digitization Project (MPD) -- was a big victory for fair use. The MDP is a project where university libraries and Google have together digitized over 10 million books to allow for full-text searches, preservation, and access for people with print disabilities. When the Authors Guild sued for copyright infringement, HathiTrust defended the suit by arguing that the MDP is fair use.
Judge Baer upheld the MDP. His decision recognizes that the project is a massive public good: it is a tool for scholarship, prevents the loss of our cultural heritage, and provides unparalleled access for the visually impaired. Significantly, he found that these educational purposes are "transformational" in a way that supports fair use. Read more » about Fair Use Prospers on Campus
The Australian government has proposed sweeping changes to its surveillance and national security laws. The government’s wish list includes mandatory data retention, surveillance of social networks, criminalization of encryption, and lower thresholds for warrants. As it seeks to expand its surveillance powers, the government also wants to dilute oversight by jettisoning record-keeping requirements. This week I submitted detailed comments opposing the changes to the Joint Parliamentary Committee on Intelligence and Security. Read more » about Australia Moves To Massively Expand Internet Surveillance
We filed an amicus brief in the Second Circuit on behalf of The Andy Warhol Foundation for the Visual Arts urging the appeals court to reverse a district court decision that ignored established fair use principles that many artists rely upon in creating their work. Read more » about Cariou v. Prince
The FUP filed this suit on behalf of a University of Denver conductor and others, challenging Congress’s restoration of copyright to works that had entered the public domain. Read more » about Golan v. Holder
Plenty of businesses rely on third-party payers: parents often pay for college; insurance companies pay most health care bills. Reaching out to potential third-party payers is hardly a new or revolutionary business practice. But someone should tell the Patent Office. Earlier this year, it issued US Patent No. 9,026,468 to Securus Technologies, a company that provides telephone services to prisoners. Read more » about Stupid Patent Of The Month: Infamous Prison Telco Patents Asking Third-Parties For Money
Imagine if the inventor of the Segway claimed to own "any thing that moves in response to human commands." Or if the inventor of the telegraph applied for a patent covering any use of electric current for communication. Absurdly overbroad claims like these would not be allowed, right? Unfortunately, the Patent Office does not do a good job of policing overly broad claims. August's Stupid Patent of the Month, U.S. Patent No. Read more » about From Internet Connected Drink Mixer To Any Remote Configuration On The Internet: August's Stupid Patent Of The Month
Amicus brief filed in the Second Circuit on behalf of The Andy Warhol Foundation for the Visual Arts urging the appeals court to reverse a district court decision that ignored established fair use principles that many artists rely upon in creating their work. Read more » about Cariou v. Prince - Amicus Brief
"Daniel Nazer, a staff attorney at the Electronic Frontier Foundation who holds the delightfully titled Mark Cuban Chair to Eliminate Stupid Patents, had cautious praise for LOT.
“It’s a targeted program that’s good for limiting the supply of patents to the very worst actors who use litigation to shake down people for settlements,” he said. “But it doesn’t stop problems with patent quality and with operating companies attacking each other.” Read more » about Tech, auto companies join forces to thwart patent trolls
"Recently, I caught up with Daniel Nazer of the Electronic Frontier Foundation (EFF) to pose a few questions relating to software patents. Daniel is a staff attorney at EFF, where he occupies the Mark Cuban Chair to Eliminate Stupid Patents and focuses on patent reform. Read more » about Hacking the patent system: Open source and patents
"To give just a sense of just how out of touch the law has become, I askedDaniel Nazer, an attorney with the Electronic Frontier Foundation, to highlight the worst patents he’s come across this year. Nazer, who holds the Mark Cuban Chair to Eliminate Stupid Patents (yes, really), had little trouble coming up with these four, culled from a monthly “Stupid Patent of the Month” post he writes for the EFF site.
"“There’s this perverse thing where sometimes the more obvious a thing is, the harder it is to prove it’s been awarded a patent improperly because it’s so obvious that no one would write it down so there’s no documentation,” said EFF staff attorney Daniel Nazer. “No one is going to write in a technical article, ‘hey it might be a good idea to reach out to people to pay for services,’ because that’s so obvious.” Read more » about Prison Telecom Giant Securus Awarded Patent for Billing Inmate's Relatives
"“Something's likely to be fair use when there's no way it’s going to be a market substitute for the original. Nobody is going to watch this video instead of buying a Prince record,” said Daniel Nazer.
Nearly eight years after Lenz’s post, her case may be heading to trial.
“We wanted to set a precedent that companies can't ignore,” said Nazer. “Hopefully it will make it less likely that people will take down your legal content.”" Read more » about Mom behind ‘Let’s Go Crazy’ YouTube video wins landmark copyright ruling
Staff Attorney, Electronic Frontier Foundation
Right of publicity law is a mess. Courts apply a variety of tests and apply these tests inconsistently to different forms of media. At the same time, the right of publicity impacts a wide range of speech--from movies, to computer games, to baseball cards. Uncertainty about the relevant standards makes it difficult to advise clients about the scope of the right. Read more » about The Right of Publicity in the Digital Age
Daniel Nazer Staff Attorney, Electronic Frontier Foundation
Jonathan Blavin Partner at Munger, Tolles & Olson
• First Amendment and public figures in sports games
• Cheating and hacking in online game play
MCLE Registration: 5:00 - 5:30 p.m.
Program 5:30 - 6:30 p.m. Read more » about Recent Issues and Challenges in Video and Social Gaming Law
Read or listen to the full interview at NPR.
NPR's Audie Cornish talks to Daniel Nazer of the Electronic Frontier Foundation about the impact of this ruling. An appeals court ruled the music used in the video was an instance of fair use.
AUDIE CORNISH, HOST:
When Stephanie Lenz saw her toddler jamming out in the kitchen to the Prince song "Let's Go Crazy," naturally she took a video and posted it to YouTube. Read more » about Appeals Court Rules Youtube Video Of Baby Dancing To Prince Was Fair Use
This week, David Levine interviews Daniel Nazer, a Staff Attorney on the Electronic Frontier Foundation’s intellectual property team, focusing on patent reform. Read more » about Daniel Nazer - Hearsay Culture Show #197 - KZSU-FM