SOPA/PIPA Copyright Bills Also Target American Sites
By Marvin Ammori • December 30, 2011 at 9:00 pm
A healthy copyright system must balance the need to provide strong economic incentives through exclusive rights with the need to protect important public interests like free speech and expression. Fair use is foundational to that balance. It's role is to prevent copyright from stifling the creativity it is supposed to foster, and from imposing other burdens that would inhibit rather than promote the creation and spread of knowledge and learning.
The Fair Use Project (FUP) was founded in 2006 to provide legal support to a range of projects designed to clarify, and extend, the boundaries of fair use in order to enhance creative freedom and protect important public rights. It is the only organization in the country dedicated specifically to providing free and comprehensive legal representation to authors, filmmakers, artists, musicians and other content creators who face unmerited copyright claims, or other improper restrictions on their expressive interests. The FUP has litigated important cases across the country, and in the Supreme Court of the United States, and worked with scores of filmmakers and other content creators to secure the unimpeded release of their work.
By Marvin Ammori • December 30, 2011 at 9:00 pm
By Marvin Ammori • December 8, 2011 at 12:07 pm
By Zohar Efroni • November 24, 2011 at 12:51 pm
Per today's ruling, injunctions against European ISPs requiring them to apply filtering tools that monitor traffic to prevent copyright infringement officially violate EU law. The Scarlet decision puts a major stick in the wheel of wholesale copyright holders fighting against file sharing activities. With the expected implementation of the ACTA in mind, this ruling by the European Court of Justice (ECJ) will likely affect both prospective copyright legislation in Europe and offensive strategies of rights holders in their operations against intermediaries. Read more » about The ECJ's Scarlet Decision: No Broad Filtering Duty for European ISPs
By Julie Ahrens • November 16, 2011 at 3:13 pm
Today Congress held hearings on the latest IP legislation, the Stop Online Piracy Act (SOPA). We are taking part in American Censorship Day to help spread the word and stop this bill. We’ve outlined five of the most important problems with SOPA.
1. SOPA violates due process. Under SOPA, any private copyright or trademark owner can cut-off advertising and payments to any website by alleging that the operator “avoid[ed] confirming a high probability” that “a portion” of its site is being used to infringe copyrights. Advertisers and payment companies (e.g. Visa, Mastercard, and PayPal) are then required to stop doing business with that site. It seems likely that content owners (or people merely claiming to be content owners) will often succeed in shutting down websites without ever going to court. The proposed legislation also gives the Attorney General and the Justice Department the power to shut down websites before they are actually judged infringing. Courts will be able to order any Internet service provider to stop recognizing an accused site immediately upon application by the Attorney General, after an ex parte hearing. By failing to guarantee the challenged websites notice or an opportunity to be heard in court before their sites are shutdown, SOPA violates due process. Read more: Letter to Congress from over 100 law professors techdirt explains that SOPA would create the Great Firewall of America.
Read more » about Stop Censorship: The Problems With SOPADays after anti-piracy legislation stalled in Congress, the U.S. Department of Justice coordinated an unprecedented raid on the Hong Kong-based website Megaupload.com. New Zealand law enforcement agents swooped in by helicopter to arrest founder Kim Dotcom at his home outside of Auckland, and seized millions of dollars worth of art, vehicles and real estate. Six other Megaupload employees were also arrested. Meanwhile, the Justice Department seized Megaupload's domain names and the data of at least 50 million users worldwide. Read more » about Megaupload.com Indictment Leaves Everyone Guessing - Part 1
Daily/Journal Op/Ed
The first part of this article outlined the mechanics of the Megaupload website, and the novel questions of criminal inducement on which the government's indictment is premised. Here, we explore two more extensions of existing law on which the indictment is based, and the impact this prosecution is likely to have on Internet innovators and users alike. Read more » about Megaupload Indictment Leaves Everyone Guessing - Part 2
It is now received wisdom that a properly functioning democracy requires transparency and accountability — information shared with the public that allows the public to know what its government is doing. It is equally uncontroversial to say that social media allows for an unprecedented amount of informal but structured dissemination and analysis of information. Despite these two basic points, U.S. freedom of information law has failed to harness the power of these new social media networks and, more importantly, formats in a way that amplifies public knowledge of government information. Read more » about The Social Layer of Freedom of Information Law
This is the third in a series of articles focusing on the experimental economics of intellectual property. In earlier work, we have experimentally studied the ways in which creators assign monetary value to the things that they create. That research has suggested that creators are subject to a systematic bias that leads them to overvalue their work. Read more » about Valuing Attribution and Publication in Intellectual Property
Meltwater News ("Meltwater") is a search engine and research tool that allows users to search for and obtain information about news items that have been made publicly available on the Internet. Read more » about Associated Press v. Meltwater
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
We filed an amicus brief on behalf of the Electronic Frontier Foundation asking the First Circuit to affirm the district court’s reduced damages award in Sony v. Tenenbaum, a file-sharing case in which a jury originally ordered a college student to pay $675,000 for infringing copyright in 30 songs. Read more » about Sony v. Tenenbaum
The MPAA says that if an artist suing the league is victorious at an appeals court, it could raise problems for movies containing logos, signs, billboards and other copyrighted works. Read more » about Why Hollywood Studios Care About the NFL's Baltimore Ravens Logo
Julie Ahrens, an attorney for the amici, noted Tuesday that the MPAA, the International Documentary Association and Film Independent aren't always necessarily on the same side of the fair use issue. The fact that they all teamed up in this case testifies to the importance of the kind of uses that could be affected by the appeals court's ruling, as well as the well-settled state of the legal precedent in this area, she said.
“We don't want the Fourth Circuit to jeopardize that case law,” she told Law360. Read more » about Ravens Logo Appeal Threatens Filmmaker Rights, MPAA Says
""It's a terrible patent," says Daniel Nazer, a staff attorney for the Electronic Frontier Foundation and its exemplary Patent Busting Project. "It's a classic example of the patent office not doing a good job."" Read more » about EFF patent lawyer rates lawyer-rating patent ‘terrible’
“What I find troubling about it is that she keeps distinguishing Meltwater versus ‘legitimate’ online search tools, but it’s not really clear what that definition is,” Julie Ahrens, director of copyright and fair use for the Stanford Law School’s Center for Internet & Society, told MLex in an interview Friday.
Download PDF of Mlex article. Read more » about Comment: AP win in copyright ruling could put search startups at risk
Andrew is a lawyer (Harvard '94) who has worked as Deputy Chief Technology Officer of the U.S. in the Obama White House, Director of Global Public Policy at Google, Vice President and Chief Policy Officer at ICANN, Senior Fellow at the Berkman Center, and as a member of the litigation team that successfully challenged the Communications Decency Act before the Supreme Court in 1997.Please RSVP for this free event. Read more » about 2/10: CIS Speaker Series - Andrew McLaughlin: How To Get A Job in Tech Policy
Join EFF for a fundraising event featuring award-winning writer Cory Doctorow. Cory will be reading from his newly released novel, For the Win. This is his first visit to the Bay Area in over a year, so don't miss your opportunity to hear him read from his ground-breaking new work. Read more » about 5/19: EFF Geek Reading with Cory Doctorow
For more information and to register for this event please visit: http://mlrc-digitallaw.stanford.edu/
A joint conference of:
• Media Law Resource Center
• Stanford Law School Center for Internet & Society
• John S. Knight Journalism Fellowships at Stanford
This intensive two-day event is designed for lawyers and Web publishing professionals responsible for sorting out the emerging legal issues surrounding the distribution of content on digital platforms. Read more » about 5/6: Legal Frontiers in Digital Media
The Open Video Alliance is teaming up with the Harvard Berkman Center to deliver a global webcast of a talk by Lawrence Lessig. It's happening February 25th from 6:00 to 7:30 EST, live from Cambridge, MA. Along with the Cambridge event, OVA is hosting live webcast screenings around the world with special guests. The event hosted by the Stanford Fair Use Project will feature a live VJ mashup with Eclectic Method. Read more » about 2/25: Wireside Chat with Lawrence Lessig (featuring Eclectic Method)
May 10, 2013
Hosts: Denise Howell and Evan Brown
Prenda, Paramount product placement, technology legislation, and more.
Guests: Polk Wagner and Julie Ahrens.
Download or subscribe to this show at twit.tv/twil. Read more » about This Week in Law - Episode 210: Into the Prenda Darkness
March 13, 2013
CIS Affiliate Scholar David Levine interviews Dave Seubert, head of the University of California Santa Barbara’s Cylinder Digitization and Preservation Project. Read more » about Dave Seubert - Hearsay Culture - Show #181 - KZSU-FM
November 16, 2012
During late 2011 and January 2012, millions of people protested the passage of the controversial copyright bill the Stop Online Piracy Act (SOPA) in Congress. The protests culminated in the largest online protest in the history of the Internet, with web giant Wikipedia and thousands of other websites going black in a day of self-censorship. Read more » about Stopping SOPA - Copyright, Free Speech, and Popular Constitutionalism (Video)
November 6, 2012
The extent to which internet intermediaries such as Facebook and Google should be liable for unlawful content on the internet is currently facing a great deal of scrutiny in Europe. Like in the US, internet intermediaries in Europe are expected to assist in the prevention of copyright infringement. However, they do not have the wide protection against defamation and privacy claims provided by section 230 of the Communications Decency Act 1996 in the US. Over the last few years, they have therefore found themselves being named in lawsuits in respect of user-generated content. Read more » about Intermediary Liability on the Internet - Ashley Hurst - Video